Loading...
2007-03-26 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 March 26th, 2007 7:30 PM Draft Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:30 PM Meeting called to order on March 26th, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Minutes Approval 1. Monday, February 26th, 2007 2. Monday, March 12th, 2007 III. Correspondence Log 2007-72. Resolution Authorizing the Acceptance of the Correspondence Log IV. Public Portion V. Discussion A. Bartlett ReZone - David Stolman B. Community Preservation Fund - Emmett Pepper C. Tow Truck Local Law - Al Roberts D. Carnwath Farms Update - Don Swartz E. Montfort Road Crosswalks - Graham Foster VI. Resolutions 2007-52. Resolution Authorizing Purchase Order for Fencing at Castle Point Park Tabled 2/12/2007 7:30 PM 2007-70. Resolution Introducing Local Law No of the Year 2007, Creating Chapter 227 of the Town Code, Towing Tabled 3/12/2007 8:30 PM 2007-73. Resolution to Authorize the 2007 Empire Zone Agreement 2007-74. Resolution to Allow the Issuance of Multiple Year Dog Licenses 2007-75. Resolution Authorizing Comptroller and Bookkeeper to Attend Conference 2007-76. Resolution Approving 2007 Town of Wappinger Highway Superintendent's Bid Report 2007-77. Resolution to Establish Field Usage Fees 2007-78. Resolution Authorizing Electrical Permit Fee Refund VII. New Business VIII. Executive Session A. Personnel Issues 2007-79. Resolution Authorizing Severance Agreement IX. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson (845)297-5771 Monday, March 26th, 2007 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the Meeting to order at 7:33 PM. Attendee Name Orgahilxhtion Title StatusArrived 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 Absent Supervisor's Statement Supervisor Ruggiero noted for the record that Councilman Bettina and Councilman Paoloni would not be in attendance at the meeting. Councilman Bettina had a death in the family and Councilman Paoloni was sick. Minutes Approval 1. Monday, February 26, 2007 2. Monday, March 12, 2007 3. Motion To: accept the Minutes for the Town Board Meetings of 02-26-07 and 03-12- 07 and place them on file RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni Correspondence Log RESOLUTION: 2007-72 Resolution Authorizing the Acceptance of the 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 - Resolution RES -2007-7.2 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 j ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ # ❑ ❑ efeated Vincent Bettina Voter ❑ ❑ ❑ 0 13Tabled ❑ Withdrawn Maureen McCarthy i Initiator ® { 13 13 13 Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York March 26th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page I Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 IV. Public Portion 1. Public Comment on the Agenda Items Supervisor Ruggiero opened the floor for public comment on the agenda items at 7:35 PM. There were no comments from the public. V. Discussion A. Bartlett Rezone - David Stolman Supervisor Ruggiero opened the discussion at 7:37 PM. David Stolman, of Frederick P. Clark Associates, Inc., submitted a color aerial photograph that depicted the parcel which he was LJ going to be discussing. He then described the situation regarding the application for rezone. Supervisor Ruggiero asked Mr. Stolman to come up and show the Board the parcel on the map that he is referring to. The property is zoned R-40. There are only two parcels on the eastern side of Route 376 that are zoned R-40. The rest of the parcels, on both sides of the street, are zoned GB. Mr. Bartlett is applying to change the zoning for his parcel to GB. Discussion followed. Mr. Stolman then discussed a letter, which was written by Tatiana Lukianoff, Zoning Administrator. Her letter, dated February 8th, explained that the parcel immediately to the south of the Bartlett parcel was the subject of a rezone request. That request was submitted by Basil Ahmed. His plan, in 2003, was to combine his parcel with the gas station parcel. This application was never before the Board. Supervisor Ruggiero stated that this whole area was a topic of discussion at the meetings of the Citizen's Committee and the Town Board, during which they debated the appropriate zone. This particular parcel was never discussed during those meetings. Supervisor Ruggiero made a motion to forward this application for rezone to the Planning Board for their study and review. Councilman Beale seconded the motion and it passed unanimously. Al Roberts, Attorney to the Town, asked if an escrow would be established or if it was included in the application fee. Supervisor Ruggiero replied that it was not included in the application fee. Mr. Roberts asked if the Supervisor wanted the Planning Board to make a recommendation as to the amount of the escrow. Supervisor Ruggiero answered that he would. Councilman Beale asked if Mr. Stolman was familiar with the Chamber's rezone. Mr. Stolman replied that he was. The Chambers rezone was before the Planning Board at the last meeting and was going to be on the next Planning Board agenda as well. As there were no further comments or questions, the discussion was closed at 7:44 PM. B. Community Preservation Fund - Emmett Pepper Supervisor Ruggiero opened the discussion at 7:44 PM and introduced Emmett Pepper. Mr. Pepper contacted the Town regarding a Community Preservation Fund. He recently organized a letter writing campaign that resulted in many letters being sent to the Town regarding this topic. Mr. Pepper explained the basics of the Community Development Fund to the Town Board. This program would call for a transfer tax on the difference between the sale price of a home and the median home cost of the Town. The Town could set the tax at a maximum of 2%. Councilman Beale asked who would determine the median sale price. Mr. Pepper and Jim Horan replied that it would be computed by the Board of Real Property Services. Mr. Pepper then discussed other Towns that have proceeded with this type of legislation. Supervisor Ruggiero asked what the funds could go toward. Mr. Pepper answered that it could be used for property rights, development rights, purchase of land, or historical preservation. Supervisor Ruggiero asked if there were other ways to set up the fund. Mr. Pepper answered that there were other ways, but most Towns have found the transfer tax to be the best choice. Councilwoman McCarthy asked what would be involved in setting this up. Mr. Pepper explained that the State legislation would need to be passed. Then the Town Board would need to decide that it wanted to go forward with it. It would then go out for public referendum. If the public voted for the establishment of the fund, a Board would need to be set up to select which properties are priorities for the Town, where the money should go, and so on. Councilwoman McCarthy asked who would have jurisdiction over the generating of the fund and the spending of the fund. Mr. Horan explained the duties of the Committee that would be set up and the powers that would lie with the Town Board. Discussion followed. Councilman Beale stated that he is in favor of trying to get people to stay in this area, but this may make it more difficult. Supervisor Ruggiero asked if this program would have a "sunset". Mr. Pepper replied that the Town would set their own sunset. Supervisor Ruggiero asked Mr. Horan to look into the data, such as median house cost, for just the Town of Wappinger. Mr. Horan replied that he didn't think the information was computed by the New York State Real Property Service. He knows that the information is published on the County level, but may not be broken down by Town. The new figures should be coming out soon and he would look into it. Supervisor Ruggiero asked if there Town of Wappinger Page 2 Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 were any other questions for Mr. Pepper. There were none. He then closed the discussion at 8:10 PM. C. Tow Truck Local Law - Al Roberts Supervisor Ruggiero opened the discussion at 8:11 PM. He briefly discussed the background on this topic and the contents of a letter that was sent out by the Dutchess County Sheriffs Department. Councilman Beale commented that he thinks this memo was a result of the efforts of the Town of Wappinger. He went on to say that there is still a need for the legislation. There are issues that are covered in the Local Law that are not mentioned in the memo from the Sheriff. Supervisor Ruggiero brought up the fact that the Town of Wappinger did not have its own police department. He asked how the Sheriffs Department and the New York State Police would be able to maintain and coordinate tow lists. Al Roberts, Attorney to the Town, explained that it would be theoretically possible for an operator to get back to back calls because the Sheriffs dispatcher and the State Police dispatcher would be using separate lists. Councilman Beale has seen two accidents in the past week in which tow trucks were sitting in the parking lot adjacent to the scene, waiting to see who was going to be called. This issue is being addressed in the Local Law. The Local Law is also aimed at ensuring quick response time. Mr. Roberts stated that the bulk of the Law addresses the record keeping and application requirements. Councilwoman McCarthy asked who would be monitoring the records and reports. Supervisor Ruggiero explained that the Law assigns the responsibility to the Town Clerk's Office because the Town Clerk would be issuing the permit. Supervisor Ruggiero read a portion of the memo from the sheriff that allowed tow companies to operate only within the municipalities that they are in. Mr. Roberts replied that he does not concur with that statement. Mr. Horan explained that the Town's Local Law uses a response time requirement as a standard. Discussion on the authority of the Town Clerk followed. Councilman Beale commented that he does not foresee any problems with response times once this Law in put in place. He pointed out to the Board that, in the past, tow operators would "sub -out" a call to another operator. Mr. Horan replied that the requirement of a sticker on the truck would address that issue. Councilman Beale then stated that tow operators need to have the required tools and equipment. This is also addressed in the Local Law. Supervisor Ruggiero recommended that the Town develop a form and application for the process of issuing a permit. Discussion followed. Supervisor Ruggiero asked if there were any other comments. There were none. He then closed the discussion at 8:31 PM. D. Carnwath Farms Update - Don Swartz Supervisor Ruggiero opened the discussion at 8:31 PM. Don Swartz, of The Swartz Architectural Group, began his presentation. He used a PowerPoint presentation to show the repairs made to the buildings at Carnwath and the current condition of those buildings. Councilman Beale asked if the tree that was growing through the building had been taken care of. Joe Manfredi, of William Manfredi Construction Corp., replied that he wasn't sure if it was taken care of yet. Councilman Beale asked if it was part of the emergency work. Supervisor Ruggiero answered that it was. Mr. Swartz continued his presentation. He brought up the issue of the roof repair on the mansion. He pointed out that he could repair the roof by constructing "a logical load path by current engineering standards" or by completely reframing the roof. The Town Director of Code Enforcement, George Kolb, has already informed Mt. Swartz that the structure was not acceptable without a logical load path. In the original estimate that Mr. Swartz presented to the Board, there was $164,000 for the roof built into the $950,000 of the architectural potion of the project. He recommended that the Town reevaluate the decision to move forward with the existing roof. Councilwoman McCarthy asked if it would be more labor intensive to correct the roof from within than to reframe the entire roof. Mr. Swartz and Mr. Manfredi replied that it would. Supervisor Ruggiero clarified that the current plan for the roof repair was to repair from within. Mr. Swartz confirmed and further clarified. Mr. Manfredi added that, "Dollar for Dollar, you're better off putting a new roof on there." Supervisor Ruggiero pointed out that this would not be emergency work and would have to go out to bid. Mr. Manfredi replied that there would be some emergency work, such as item 9. Discussion followed. Mr. Conlon stated that, separate from the different rotted and deteriorated areas that they are encountering, the roof is inherently unstable. He then used the PowerPoint slides to explain his statement. Councilman Beale asked if there was a timeframe before the Town Board could walk through the Carriage House. Mr. Paggi replied that it would be possible very shortly. Supervisor Ruggiero again stated that the Board needed to give the engineers guidance on the direction to take concerning the roof. Mr. Swartz added that the Board has already authorized a new roof membrane and fascia and soffit system. In that, the Board has authorized some structural repairs to the roof. He now needs to know how they are to go about stabilizing the roof. Councilwoman McCarthy asked how long it would take to redesign. Mr. Swartz replied that it would take between two and three months to get the drawings back. The project would go Town of Wappinger Page 3 Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 out to bid around June or July. Councilman Beale asked for clarification on the original plan and how the intention is to change that plan. Mr. Swartz answered that the original plan that was approved was broken down into two components: an abatement component and an architectural component. The architectural component total was approximately $950,000. In that, he assumed they would be working from the outside in. Supervisor Ruggiero added that, when the Town was looking at the emergency costs, they were expecting $150,000 per floor and $150,000 for roof structure related items that would have to be considered emergency work. After that roof emergency work was to be completed, the Town expected that the structure would be safe enough to then go out to bid. Mr. Paggi confirmed the Supervisor's statement. He added that this would be a change to get to the same endpoint and that "it appears that it might be a more sound decision to not do those emergency repairs on the sub -roof, not do the contingency work that was programmed into the roof project, and to rip the roof off and put a new roof on." It would probably be for the same amount. This would provide a brand new roof, quantifiable and Code compliant. Councilman Beale then asked if the professionals needed consensus to move forward with the plans. Mr. Swartz clarified that they needed consensus to proceed with the plan to deviate from the original charge that the Board gave back in January - to provide a permanent fix. Supervisor Ruggiero made a motion to authorize the design team to move towards the redevelopment of the roof by reconstruction as opposed to repair. The motion was seconded by Councilwoman McCarthy and passed unanimously. Supervisor Ruggiero closed the discussion at 9:10. 1. Motion To: guide the design team for the Carnwath Mansion in the direction of repair by reconstruction RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Ruggiero, Supervisor SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni E. Montfort Road Crosswalks - Graham Foster Supervisor Ruggiero opened the discussion at 9:10 PM. Town Highway Superintendent, Graham Foster, reminded the Board of a previous discussion that took place regarding crosswalks. Mr. Foster has not been able to contact the companies that were discussed at those meetings. He is now looking at other ways to install crosswalks. The previously discussed methods were expensive and would include lane closings for extended periods. The method that Mr. Foster was now presenting to the Board involved thermal plastic that could be heat applied to the surface of the road. He then distributed brochures to the Board. The cost for this would be roughly $1500 to $1700 per crosswalk. Councilwoman McCarthy asked how many crosswalks there would be. Mr. Foster answered that it would realistically require at least two at this intersection. Supervisor Ruggiero clarified that the intersection in question was the Pye Lane and Montfort Road intersection. Mr. Foster added that his employees could provide the labor. They would need to buy a new torch, which would cost approximately $600. Councilwoman McCarthy asked what the life expectancy would be for the crosswalk. Mr. Foster answered that it would be three to five years depending on traffic. Councilman Beale asked how the snow plows would affect these crosswalks. Mr. Foster replied that the plows would run right over them. He has used this method for stop bars and stated that this has worked well so far. Supervisor Ruggiero asked if there were any other comments. There were none. He then closed the discussion at 9:15 PM. Vl. Resolutions 1. Motion To: untable Resolution 2007-52 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman 1 AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni Town of Wappinger Page 4 Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 RESOLUTION: 2007-52 Resolution Authorizing Purchase Order for Fencing at Castle Point Park WHEREAS, the recreation committee has requested a purchase order for installing fencing at Castle Point Park, and WHEREAS, the recreation Commission received bids as follows: DiPiet Fence Co. Inc. $3,900 A-1 Fence Co. Inc. $6,541 Mid Hudson Fence $9,900 WHEREAS, the Recreation Committee has requested a purchase order in the amount of Three Thousand, Nine Hundred Dollars and 00/100 ($3,900.00) payable to DiPiet Fence Co. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of Three Thousand, Nine Hundred Dollars and 00/100 ($3,900.00) payable to DiPiet Fence Co. from Account T-33 (Parkland Trust and Agency), in accordance with a letter dated February 5th, 2007 from Joseph Ennesser. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution IBES -2007-52 Y es/Aye NoO ay Abs❑tam Absent D Adopted Joseph Ruggiero Voter ❑ Adopted as Amended William Beale Seconder l ❑ ❑ ❑� ❑ Defeated Vincent Bettina Voter ❑ ❑ ' ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator ® ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ El Dated: Wappingers Falls, New York March 26th, 2007 The Resolution is hereby duly declared adopted. 3. Motion To: untable resolution 2007-70 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni RESOLUTION: 2007-70 Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 227 of the Town Code, Towing WHEREAS, it is of vital importance to the public traveling within the Town of Wappinger that disabled vehicles be removed from the highways as promptly as possible, that delay in removal of disabled vehicles unnecessarily retards the movement of traffic, impedes the access of emergency vehicles within the Town, and has to potential to create accidents; and WHEREAS, it has been a practice of some tow truck operators to monitor police radio transmissions to learn of accidents and then rush to accident sites with the intent of securing the towing and repair work and in so doing, speed limits and other traffic regulations are often violated, resulting in an unnecessary threat to life and property within the Town; and WHEREAS, the arrival of multiple tow trucks at the scene of an accident, disrupts traffic, hampers the efforts of rescue personnel at the scene, delays removal of disabled vehicles and impedes accident investigation by the police; and WHEREAS, the Town Board has determined that the most effective way to curb the current deleterious practices of towers is to allow only such towing operators as are actually necessary to respond to an accident and to have the towing operators called from a list of authorized tow operators established by the Town, known as the Rotational Towing List; and WHEREAS, dispatchers for police agencies that respond to vehicular accidents and Town of Wappinger Page 5 Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 disabled vehicles within the Town of Wappinger will be provided with the list so that only authorized towing operators are notified when an owner or operator of a vehicle has not made arrangements for removal of the disabled vehicle; and WHEREAS, it is in the public interest, general safety and well being of the Town residents and the traveling public to prohibit tow truck operators from soliciting business at an accident scene and to prohibit unauthorized tow trucks from approaching within five hundred feet of the accident; and WHEREAS, the provisions of this Local Law shall not apply to disabled vehicles having a gross vehicle weight in excess of fifteen thousand pounds; and WHEREAS, the Town Board has determined that it is further necessary to amend Section 122-20 B of the Town of Wappinger Code to reflect an updated fine schedule associated with the adoption of Chapter 227; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to adopt a Local Law to address the above referenced issues of concern; and WHEREAS, this is a Type II action pursuant to 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 part 17. 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 of the Town of Wappinger hereby introduces for adoption Local Law No.of the Year 2007 in the form annexed hereto. 3_ The Town Board hereby determines that the enactment of the aforesaid 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 part 17 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. of the Year 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the _ day of March, 2007 at 7:30 P.M. and that the Town Clerk be directed to post and publish the Notice of Public Hearing in the form annexed hereto. 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby introduces for adoption Local Law No.of the Year 2007 in the form annexed hereto. 3_ The Town Board hereby determines that the enactment of the aforesaid 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 part 17 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. of the Year 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the _ day of March, 2007 at 7:30 P.M. and that the Town Clerk be directed to post and publish the Notice of Public Hearing in the form annexed hereto. The foregoing was put to a vote which resulted as follows: 'Voti� " ru �: Reeunlutiou REs-z007�7u ❑ Adopted „_ _ Yes/Aye No/Nay .. Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ® Tabled Vincent Bettina Voter ❑ ❑ ❑ a ❑ Withdrawn Maureen McCarthy Seconder IZ ❑ ❑ ❑ Next: Apr 9, 2007 7:30 PM Joseph Paoloni Voter ❑ ❑ ❑ D Dated: Wappingers Falls, New York March 26t1i, 2007 The Resolution is hereby duly declared tabled. IJ Town of Wappinger Page 6 Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 RESOLUTION: 2007-73 Resolution to Authorize the 2007 Empire Zone Agreement WHEREAS, New York State has created the Empire Zone Program which makes financial incentives available to qualifying business that expand or locate within the Zone; and WHEREAS, Dutchess County, as an eligible municipality, has received designation for the Poughkeepsie/Dutchess Empire Zone which includes lands within the Town of Wappinger; and WHEREAS, the Empire Zone Administrative Board has the responsibility for the successful implementation of the Empire Zone Program in Dutchess County, consistent with the requirements of the New York State Department of Economic Development (hereinafter referred to as "Empire State Development"); and WHEREAS, Poughkeepsie Dutchess Development, Inc. is a not-for-profit corporation with the responsibility for the implementation and administration of the Poughkeepsie/Dutchess Empire Zone; and WHEREAS, administration of the program is essential for an individual business to obtain and maintain Empire Zone Certification, thereby making it eligible to receive the financial incentives; and WHEREAS, the benefits of the Empire Zone are significant for economic development in the Town of Wappinger; and WHEREAS, the Empire Zone Administrative Board annually adopts a budget deemed sufficient to successfully administer the program; and WHEREAS, the Empire Zone Administrative Board has prepared a budget for the calendar year 2007; and WHEREAS, the budget is based on the successful application for a grant from Empire State Development and additional commitments from the municipalities benefiting from the Empire Zone; and WHEREAS, the Empire Zone Administrative Board has determined that the 2007 administrative fee that is to be requested of the Town of Wappinger will be $18,433.00; and WHEREAS, the Town Attorney, Albert P. Roberts, attorney to the Town, has reviewed and approved the proposed agreement between Poughkeepsie/Dutchess Development, Inc. and the Town of Wappinger for the implementation and administration of the Poughkeepsie/Dutchess Empire Zone, a copy of which Agreement is affixed hereto and made a part hereof. 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 of the Town of Wappinger in its capacity as the governing body of the Town of Wappinger, has reviewed and examined the proposed Agreement between Poughkeepsie/Dutchess Development, Inc. and the Town of Wappinger, in the form attached herewith, supports and concurs with the provisions contained therein and agrees to enter into said contract and further directs Town Supervisor, Joseph Ruggiero, to execute same in substantially the same form as attached hereto. 3. Following execution of the Poughkeepsie/Dutchess Development, Inc. Agreement, the Town Board of the Town of Wappinger further authorizes payment of the sum of $18,433.00 as the annual fee for the Town's participation in said program for the calendar year 2007. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES4007-73 Yes/Aye No/Nay 1 Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 j ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina _ Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York March 26th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 RESOLUTION: 2007-74 Resolution to Allow the Issuance of Multiple Year Dog Licenses WHEREAS, the State of New York has amended Section 110 of the Agriculture and Markets Law, effective January 15th, 2006, to allow the issuance of multiple year dog licenses for up to three (3) years; and WHEREAS, the authority to issue multiple year licenses is at the option of the issuing municipality; and WHEREAS, it will be in the best interests of the residents of the Town of Wappinger to be able to purchase dog licenses for multiple years, up to three (3) years. NOW, THEREFORE, in consideration of the foregoing, it is hereby RESOLVED, that as of March 26th, 2007, the Town of Wappinger is hereby authorized to issue multiple year dog licenses for up to three (3) years on such terms and conditions as are set forth in Section 110 of the Agriculture and Markets Law of the State of New York, effective January 15th, 2006. The foregoing was put to a vote which resulted as follows: ✓Yotal�ecard«ReaoluHon 2�07�74 k Yes/Aye No/Nay No/Nay Abstain Absent ® Adopted J s hi3l ero Voter 0 ❑ ❑ ❑ ❑ ❑ Adopted as Amended DefeatedWilliam Beale Vincent Bettina Seconder Voter 0 ❑ 110 ❑ 110 ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy _. Initiator 0 ❑ ❑ ❑ ❑ ❑ Tabled Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York March 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-75 Resolution Authorizing Comptroller and Bookkeeper to Attend Conference WHEREAS, Comptroller Jean Gallucci and Bookkeeper Angie Paustian have requested authorization to attend the Seventh Annual Town Finance and Management Schools, co- sponsored by the Association of Towns and the Office of the State Comptroller, to be held May 9th to 11th in Saratoga, New York THEREFORE, BE IT RESOLVED, That Comptroller Jean Gallucci and Bookkeeper Angie Paustian are hereby authorized to attend the Seventh Annual Town Finance and Management Schools to be held May 9th to 11th in Saratoga, New York at a cost not to exceed Six Hundred Seventy Eight -Dollars and 00/100 ($678.00). The foregoing was put to a vote which resulted as follows: Dated: Wappingers Falls, New York March 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-76 Resolution Approving 2007 Town of Wappinger Highway Superintendent's Bid Report WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has gone out to bid for various supplies and services as follows: Town of Wappinger Page 8 Printed 4/2/2007 T_ Yes/Aye No/Nay , Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ r ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ ❑ Tabled Maureen McCarthyInitiator 0 ❑ ❑ ❑ Withdrawn-- Joseph Paoloni -. _.. -- Voter —. __. ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York March 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-76 Resolution Approving 2007 Town of Wappinger Highway Superintendent's Bid Report WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has gone out to bid for various supplies and services as follows: Town of Wappinger Page 8 Printed 4/2/2007 T_ Regular Meeting Minutes March 26, 2007 Gasoline BOTTINI Per Gal. - Unleaded Plus 89 Octane RFG + +.20 * The Superintendent recommends the bid for Gasoline be awarded to Bottini Fuel. #2 Fuel Oil & Diesel Fuel - see attached letter Per Gal. #2 Diesel Fuel BOTTI N I +.295 * +.295 * ** The Superintendent recommends the bid for #2 Fuel Oil and Diesel Fuel be awarded to Bottini Fuel, based on the attached letter. *(Prices above are based on and will fluctuate with the Warex Terminal on the day of delivery.) ** The NYHTCR does not provide for winter blend. There will be additional charges for kerosene used to prevent gelling. Town Bulk Clean-up / Recycle - see attached letter We received one bid for Town Wide Bulk Cleanup and Recycling, from Royal Carting Service Co. The Superintendent recommends the bid be awarded to Royal Carting Service Co. Striping of Town Roads We received two bids for Road Striping as follows: Safety Marking, Inc, Atlantic Pavement Marking, Inc. Double Yellow Centerlines $ 284.00 per mile $ 305.00 per mile Single White Edge Lines $ 154.00 per mile $ 179.00 per mile The Superintendent recommends the bid be awarded to Safety Marking, Inc. Catch Basins, Grates, Frames, Manhole Lids, Risers, Water Valve Risers - see attached rates The Superintendent recommends the bid be awarded to the following: Basins 24x24 x24 24x24x30 30 x 48 x 24 30x48x30 Catch Basin Risers (2" rise) Y2" A 36 Mat'I UP TO 550 SQ.IN, 551-625 SQ. IN. 626-730 SQ. IN. 731-1133 SQ. IN. OVER 1134 SQ. IN. Manhole Lids 2"x24 2"x25 2"x26 Manhole Risers 2x24 2%2x253/8 CARMEL WINWATER WORKS CO. CARMEL WINWATER WORKS CO. CHEMUNG CARMEL WINWATER WORKS CO. CARMEL WINWATER WORKS CO. CARMEL WINWATER WORKS CO. CARMEL WINWATER WORKS CO. CARMEL WINWATER WORKS CO. CARMEL WINWATER WORKS CO. VELLANO BROTHERS no bid VELLANO BROTHERS CARMEL WINWATER WORKS CO. CHEMUNG Town of Wappinger Page 9 Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 2x25% CHEMUNG Water Valve Risers 6 x 1 6 x 2 6x3 71/2 x 1 7%x2 7'/:x3 Grates & Frames 24 x 24 30 x 30 30 x 48 Road Aggregates - see attached report CARMEL WINWATER WORKS CO. CARMEL WINWATER WORKS CO. CARMEL WINWATER WORKS CO. VELLANO BROTHERS VELLANO BROTHERS VELLANO BROTHERS VELLANO BROTHERS CARMEL WINWATER WORKS CO. VELLANO BROTHERS The Superintendent recommends the bid for Crushed Stone be awarded to Clove Excavators for 3/8, '/2, 5/8, 3/ and 2 '/2. The Superintendent recommends the bid for Crushed Stone be awarded to Tilcon for 1/4, and 1 '/2. The Superintendent recommends the bid for Run of Bank Gravel be awarded to Red Wing Properties. The Superintendent recommends the bid for Item 4 be awarded to Clove Excavators. The Superintendent recommends the bid for Washed Gravel be awarded to Red Wing Properties for 114, 3/8, % and 1 1/2. The Superintendent recommends the bid for Washed Gravel be awarded to Rte. 82 Sand and Gravel for Y2, 5/8 and 2'/2. The Superintendent recommends the bid for Tailings be awarded to Red Wing Properties. The Superintendent recommends the bid for Snow / Ice Aggregates be awarded to Clove Excavators. CATCH BASINS, GRATES, FRAMES, MANHOLE LIDS RISERS, WATER VALVE RISERS MANHOLE LIDS 2" X 24 EAST JORDAN CARMEL VELLANO N/B BASINS IRON WORKS WINWATER BROTHERS CHEMUNG 24 X 24 X 24 N/B 153.00 N/B 265.00 24 X 24 X 30 N/B 200.00-36" N/B 265.00 30 X 48 X 24 N/B N/B N/B 375.00 30 X 48 X 30 N/B 212.00-36" N/B 375.00 MANHOLE LIDS 2" X 24 80.00 N/B 59.05 N/B 2" X 25 N/B N/B N/B N/B 2" X 26 85.00 N/B 82.90 N/B WATER VALVE RISERS 6 X 1 N/B 23.00 N/B N/B 6 X 2 N/B 26.00 N/B N/B 6 X 3 N/B 30.00 N/B N/B 7 '/2 X 1 N/B 23.00 3.85 N/B 7 %2 X 2 N/B 26.00 5.89 N/B 7 '/2 X 3 N/B 30.00 8.75 N/B GRATES - FRAMES 24 X 24 175.00 104.00 101.95 180.00 30 X 30 220.00 143.00 143.20 294.00 Town of Wappinger Page 10 Printed 4/2/2007 L� I Regular Meeting Minutes March 26, 2007 30 X 48 550.00 298.00 281.10 425.00 CATCH BASIN RISERS (2" RISE Y2" A 36 MAT'L UP TO 550 SQ. IN. 185.00 98.00 N/B 115.00 551 - 625 SQ. IN. 188.00 102.00 N/B 115.00 626 - 730 SQ. IN. 200.00 105.00 N/B 121.00 731 - 1133 SQ. IN. 214.00 108.00 N/B 134.00 OVER 1134 SQ. IN. 307.00 110.00 N/B 161.00 MANHOLE RISERS ❑ ❑ Defeated Vincent Bettina Voter 2 X 24 124.00 32.00 38.00 90.00 2 %2 X 25 3/8 159.00 98.00 N/B 90.00 2X25% 159.00 98.00 N/B 90.00 9557 Crushed Stone ROB ITEM Washed Gravel Snow Tailings 4 & Ice Bidder Name =N/BN =N/BN/B 3/4 11/2 21/2 1/4 3/8 1/2 5/8 3/4 11/2 21/2 Rte 82 SandrGravel C.Y.FOB C.Y DEL TON FOB TON DEL N/B N/B N/B N/B WB 20.50 19.50 19.50 19.50 19.50 19.50 19.50 19.00 19.50 WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, is requesting that Town of Wappinger Town Board authorize these bids, and NOW, THEREFORE, BE IT RESOLVED, The Town of Wappinger Town Board authorizes the bids listed in The Town of Wappinger Highway Superintendent's 2007 Bid Report. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-76 Yes/Aye No/Nay i Abstain Absent 0 Adopted p Joseph Ruggiero Voter 0 ❑ 1 ❑ ❑ ❑ Adopted as Amended William Beale Seconder ® f ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York March 26th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 11 Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 RESOLUTION: 2007-77 Resolution to Establish Field Usage Fees WHEREAS, Recreation Chairman Ralph Holt has reviewed the current fees for usage of the Town of Wappinger ball fields and playground areas; and WHEREAS, based upon the study and recommendation of the Recreation Chairman, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to establish fees for field usage. WHEREAS, the following proposed fees are as follows: Explanation of Use Current Fee Projected Fee Use of field or park (50 people or less) $10.00 $25.00 Use of field or park (50 people or more) $50.00 $75.00 League fee for season (unlighted fields) $150.00 $200.00 Lighted fields (each use - per field) $75.00 $100.00 NOW, THEREFORE, BE IT RESOLVED, The Town Board has authorized the Town of Wappinger Recreation Department to charge a fee of Twenty Five Dollars ($25.00) for the use of field or park with fifty (50) people or less, Seventy Five Dollars ($75.00) for the use of field or park with fifty (50) people or more, Two Hundred Dollars ($200.00) for a league fee for season on unlighted fields, and One Hundred Dollars ($100.00) for use of lighted fields each use per field. The foregoing was put to a vote which resulted as follows: Vote Record- Resolution RES -2007-7, Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Seconder El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ 0— ❑ ❑ Withdrawn Jos h Paoloni Joseph Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York March 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-78 Resolution Authorizing Electrical Permit Fee Refund WHEREAS, Gabriel Pasquale paid the Town of Wappinger a One Hundred Dollar and 00/100 ($100.00) application fee; and WHEREAS, the permit was for electrical service upgrade at a property located at 11 Kretch Circle in the Town of Wappinger; and WHEREAS, Local Law Number 5 of the year 2007 amended the electrical upgrade fee to be Twenty -Five and 00/100 Dollars ($25.00); and WHEREAS, Gabriel Pasquale has requested a refund in the amount of Seventy -Five Dollars and 00/100 ($75.00). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Seventy -Five Dollars and 00/100 ($75.00), made payable to Gabriel Pasquale, for application fee. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-78 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York March 26th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 12 Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 VII. New Business 1. Councilman Beale New Business Councilman Beale asked if there was a date set for the interviews to be conducted by the Town Board to fill vacancies on the other various Boards. Supervisor Ruggiero replied that he is trying to get a consensus on what date will be suitable for all Board members. He went on to say that it is easy to get a quorum but difficult to get all Board members in attendance. Councilman Beale then stated that he has been in contact with a Mr. Robert Feldman. Mr. Feldman is interested in speaking to the Board to inform them on how he can help with web casting Town Board Meetings. Supervisor Ruggiero replied that he will put Mr. Feldman on the next agenda. Councilman Beale brought up the Montclair Townhouse roof collapse and asked Mark Liebermann, Town Fire Inspector, about a roof collapse in Chelsea. Councilwoman McCarthy told Mr. Liebermann that she wanted to know about Montclair. Mr. Liebermann gave the Board an update on the situation. He pointed out that the units in question now need to be totally gutted for failure of the management to properly maintain covering. Mr. Liebermann issued a summons for "failure to maintain". Councilman Beale replied that there is no excuse for this. During the snow storm, Councilman Beale noticed that the unit still had a tarp on it. He wanted to know what the Town could do to hold the management company accountable. Mr. Liebermann noted that it is the management company's responsibility. The Town ensures that the unit is properly tarped, but the management company had the obligation to ensure it is maintained. Mr. Liebermann did note that the units are completely vacated. The management company has the permit to do the roof. When the roof is complete, permits can be obtained for each unit to address the internal damage. Supervisor Ruggiero asked Al Roberts; Town Attorney, if there was some sort of deadline that could be enforced. Mr. Roberts replied that it could be in an enforcement proceeding that could be stipulated in front of a judge. Supervisor Ruggiero has been contacted by a resident that has not been able to get answers from the management company about when she can move back in. Mr. Liebermann stated that Ms. Perez, a representative of the management company, is giving the residents false information. Discussion followed. Supervisor Ruggiero recommended that the Town contact the Attorney General's Office on behalf of the residents of Montclair. Councilman Beale agreed that that was a good idea. He then asked about the roof collapse in Chelsea. Mr. Liebermann gave the Board an update on the situation. The collapse happened in the middle of the night and there were no injuries. 2. Councilwoman McCarthy New Business Councilwoman McCarthy asked for an update on her request for information pertaining to the MVK property. She had asked at a previous meeting if the site plan for that property included the ability to store and distribute salt. Al Roberts, Town Attorney, replied that he is looking through the files and is planning to meet with the Director of Code Enforcement and Zoning Administrator. He will prepare a folder for Councilwoman McCarthy. VIII. Executive Session A. Personnel Issues 1. Motion To: go into executive session at 9:42 to discuss personnel issues RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni Town of Wappinger Page 13 Printed 4/2/2007 Regular Meeting Minutes March 26, 2007 2. Motion To: come out of executive session at 10:26 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni IX. Resolutions RESOLUTION: 2007-79 Resolution Authorizing Severance Agreement BE IT RESOLVED, that the Town Board of the Town of Wappinger authorizes the Town Supervisor to enter into a Severance Agreement providing for Mr. Richard Travis' resignation from the Town of Wappinger, effective March 9th, 2007, in accordance with the material terms and conditions of the Agreement on file with the Town Clerk's Office. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2007-74 Yes/Aye No/Nay j Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Noloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York March 26th, 2007 The Resolution is hereby duly declared adopted. X. Adjournment 1. Motion To: adjourn at 10:27 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni The Meeting Adjourned at 10:27 PM. ickn C. asterson Town Clerk T-� Town of Wappinger Page 14 Printed 4/2/2007