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2007-07-09 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 July 9th, 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 July 91h, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Minutes Approval III. Correspondence Log 2007-133. Resolution Authorizing the Acceptance of the Correspondence Log IV. Public Hearings 1. Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 227 of the Town Code, Towing 2. Local Law No. of the Year 2007, "Mandatory Private Well Testing In the Town of Wappinger" V. Public Portion on Agenda Items VI. Discussion A. Obercreek — Stony Kill Farm Presentation B. United Wappinger Water Update — Jay Paggi VII. Resolutions 2007-134. Resolution Authorizing Refund of Unused Escrow for 55 Hackensack Heights Road for Seeding 2007-135. Resolution Authorizing Refund of Unused Escrow for 63 Ketchamtown Road for Seeding 2007-136. Resolution Accepting First Reduction in the Security Posted with the Performance Agreement Secured by a Surety Bond for the Shamrock Hills Subdivision 2007-137. Resolution Authorizing Members of the Sports Museum of Dutchess County to Use the Cafeteria and Chapel at Carnwath for the Beacon Bears Event 2007-138. Resolution Authorizing Budget Amendments 2007-139. Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 66 of the Town Code, "Ambulance Notification" 2007-140. Resolution Adopting Local Law No. of the Year 2007, "Mandatory Private Well Testing" in the Town of Wappinger 2007-141. Resolution Adopting Local Law No. of the Year 2007, Creating Chapter 227 of the Town Code, Towing VIII. New Business IX. Executive Session A. Personnel Matter B. AW Scrap C. Absolute Property X. Resolutions 2007-142. Resolution from Executive Session Regarding Personnel Issue 2007-143. Resolution Appointing Hearing Officer XI. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us — Minutes — Chris Masterson Monday, July 9th, 2007 7:30 PM Town Hall I. Call to Order Supervisor Ruggiero called the Meeting to order at 7:33 PM. Attendee Name Organization 'Title Status Arrived 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 Ruggiero asked that the record reflect that Councilman Bettina would not be present due to a family emergency and Councilman Paoloni is out of the State on business. Correspondence Log RESOLUTION: 2007-133 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 -2007-133 Yes/Aye _ No/Nay Abstain Absent B Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder EI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Jos h Paoloni Voter ❑ ❑ ❑ a Dated: Wappingers Falls, New York July 09t , 2007 Public Hearings The Resolution is hereby duly declared adopted. Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 227 of the Town Code, Towing Supervisor Ruggiero opened the Public Hearing at 7:34 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 summarized the Local Law and asked if there were any comments from the public. There were no comments from the public. Councilwoman McCarthy made a motion to close the public hearing at 7:35 PM. The motion was seconded by Councilman Beale and passed unanimously. The Public Hearing was closed at 7:35 PM. RESULT: CLOSED [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 1 Printed 7/26/2007 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 CREATING CHAPTER 227 OF THE TOWN CODE, TOWING 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 June 14th, 2007, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law creating Chapter 227 of the Town Code, Towing, 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. '�)ac - -W4'L' 31hn C. ,asterson Town Clerk Town of Wappinger Sworn to before me the 14th ay June, 2007 NOTARY P BLIC MARIA GILBRIDE Notary Public, State of New York Reg. No. OIG15087374 Qualified in DutchPss Co n QQ>11MIs Ion Expires Nov. 3, SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12S90 D. -)t WAPPINGERS FALLS, TOWN imP.O. BOX 324 WAPPINGERS FALLS, NY 12S90 Re: Legal notice #77857 State of NEW YORK Count, of DUTCHESS T, TINA HEATH, being dulv sworn, de:osc<and say: that I am the PURL TSHER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS,, Coonty of D(ACHESS, Slate of NEW YORK; and that a notice, of which the annexed is a printed copy; was duly published in Southern Dutchess Ne ll 06120/07. ;11i! :1a: 51: am to before me this 20th day of June, 2007 rV1—VQ* IE N Notary Public, State of NEW YORK— No. 14-8240?60 Oualified in DUTCHESS County MY 00MOSSion explreS on May 16, 2011 RECENF1 JUN 2 2 2007 TOWN CLER1 Poughkeepsie Journal Poughkeepsie, N.Y. FFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, -10 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 in n, F o 2007 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Nod 'I91ion Ta State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned 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 Nod 'I91ion published in the said newspaper for weeks successively, in each week, commencing on the 20th day of 4une in the year of 2007 and on the following dates thereafter, namely on: and ending on the 1 day of in k the year of 2007 ,both days inclusive. i ?? rI'! Subsc ' ed, and sworn to before me this 6 � s day of W in the year of 2007 Notw Public My commission expires d �% Lww Nei Regular Meeting Minutes July 9, 2007 Local Law No. of the Year 2007, "Mandatory Private Well Testing" In the Town of Wappinger Supervisor Ruggiero opened the Public Hearing at 7:35 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). Town Clerk Chris Masterson read a letter that was sent from the Town of East Fishkill Supervisor, John Hickman. This was a letter of support for the Well Testing Local Law. Supervisor Ruggiero asked the Town Clerk to enter the letter into the Minutes of the Public Hearing. Supervisor Ruggiero opened the floor to public comments and asked Al Roberts, Town Attorney, to summarize the Local Law. Joan Pagones, Supervisor of the Town of Fishkill, was present to comment. Supervisor Pagones submitted a letter of support, which the Town Clerk proceeded to read. Steve Ferguson, Deputy Supervisor for the Town of Fishkill, commended the Town of Wappinger for taking action regarding the Local Law. Deputy Supervisor Ferguson felt that this matter should have been addressed on the County level. Harry Lynch, a member of the Dutchess County Board of Health, wished the Town of Wappinger the best of luck in getting the Law passed. Mr. Lynch feels that well testing should be carried out at the County level. Fred Thomas, a Town resident, asked who would be funding the well testing. Supervisor Ruggiero explained that the buyer would be responsible to pay for the well test at the time of the sale of the home. It is not a mandatory, "across the board", well testing law. It does not require every home owner to go out immediately and test their well. Councilman Beale echoed the fact that the cost of the test would fall on the purchaser. He went on to say that he could not find anything in the Assembly version of the bill that required the purchaser to pay for it. He asked why the Town version assigns the responsibility to the purchaser. Supervisor Ruggiero explained that the original version left the responsibility open to negotiation between the buyer and the seller. Two Town Councilmembers asked that the bill be amended to assign the responsibility to the purchaser. Councilman Beale then asked how the Town would be able to enforce well testing for rental properties. Supervisor Ruggiero replied that the Town could provide educational resources for the residents. The residents that rent could also notify the Town if they have not been informed about test results. Councilman Beale then asked if there was a time limit to get the well test done. Supervisor Ruggiero answered that the Town does not dictate the timeframe of the test. He went on to say that it would be in the applicant's best interest to do the well test at the time of the municipal search. Councilman Beale stated that lie reviewed the bills of other municipalities and finds gray areas in the Wappinger version. Supervisor Ruggiero asked for specific examples. Councilman Beale replied that an example was the topic of rental properties. He also felt that the Town should set time limits for the execution of the well test. Supervisor Ruggiero replied that this would be mandating timeframes that the Town cannot control. Councilman Beale commented that the New York State Assembly sets a timeframe. Supervisor Ruggiero explained that the Town does not have the authority to do that. Councilman Beale pointed out that two of the Board members were not present and feels that there are questions that are not answered. Supervisor Ruggiero answered that he feels lie has answered all of the Councilman's questions. Councilman Beale stated that the two absent Councilmeinbers should have an opportunity to be a part of the adoption of the Local Law. Supervisor Ruggiero replied that the Councilmembers were present to set the Public Hearing and knew that this would be before the Board at this meeting. He asked if there were any specific questions that the Councilman would like answered. Councilman Beale stated that the Law should be more specific in regards to rental properties. Discussion followed. Councilman Beale again commented that he feels the entire Board should be present. Supervisor Ruggiero answered that the item was going to be voted on and the Councilman was free to vote against it. Supervisor Ruggiero made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy. Supervisor Ruggiero and Councilwoman McCarthy voted "aye" and Councilman Beale voted "nay". Town of Wappinger Page 2 Printed 7/26/2007 Regular Meeting Minutes July 9, 2007 RESULT: DEFEATED MOVER: Joseph Ruggiero, Supervisor SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, Maureen McCarthy ABSTAIN: William Beale ABSENT: Vincent Bettina, Joseph Paoloni The Public Hearing remained open. Supervisor Ruggiero explained that the Public Hearing would remain open until there was a vote. Councilman Beale made a motion to extend the Public Hearing until a later date and time so that the whole Board could be present. There was no second for the motion. Councilman Beale made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. The Public Hearing was closed at 7:56 PM. RESULT: CLOSED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni Town of Wappinger Page 3 Printed 7/26/2007 T�' ,loan A. Tagones Town of Fishkill Supervisor (845) 831-7800 * 3309 (845) 831-1706 fax tof@fishkill-ny.gov To: Supervisor Joseph Ruggiero & Members of the Wappinger Town Board From: Joan A. Pagones, Supervisor Re: Wappinger Well Testing Law Date: July 9, 2007 Fishkill Town Hall 807 Route 52 Fishkill, NY 12524 www.fishkill-ny.yov It is my understanding you will consider a vote on your proposed well testing law this evening. We request you vote yes. The Town of Fishkill will consider its vote on Saturday, July 14, 2007. Unfortunately, our Towns and the Towns of East Fishkill face this decision due to the failure of Dutchess County Government to act on a comprehensive well testing law. Local Governments exist primarily for the provision of public safety. Potable water is essential to our residents. The Town of Wappinger is to be commended for addressing the issue. We look forward to our vote on Saturday, July 14, 2007, as we join you in passing a well testing law. Sincerely, ^ Joan A. nes, Supervisor Town of Fishkill JAP/pmg cc: Hon. John Hickman, Supervisor Town of East Fishkill "--k- 09. 11. 01 remembered ir- JUL GUUI !r!U f1G'CC f[t 1111) RUL)OUII IILD rtiA m. oq!D4tic431 f F. u-j/u:3 TO: Supervisor Joseph Ruggiero & Town Board REC V\0-0 FROM: Santo Tambone JUL 1 12001 RE: Mandatory Well Testing Law DATE: July 12, 2007 TOWN CLERK Dear Supervisor Ruggiero and members of the Town Board, I would like to commend you in taking action to protect our water supply and to identify sources of ground water contamination through the proposed legislation. It is an admirable and responsible undertaking. I have reviewed the proposed local law and respectfully offer the following comments. I find that the proposal of mandatory testing being tied into the transfer of property will not provide enough data in a reasonable time frame to be of value. As an example if in a given year there are approximately 2300 property transfers within the County (based on records kept by Mid - Hudson Multiple Listing Service). Measure this against the approximate total of 110,000 parcels and you can see that the data collected will be minimal and it will take several years to develop a workable GIS model that will include stale data. Mandatory well testing of all private wells within a specific time frame will be of greater value. Let us say that you require the well test once every five year period, this will provide data for every well in your Town in five years at the latest. This would be a much more desirable resource. Additionally, many residents may not sell their home for 10, 20 or 30 years and will raise families where the drinking water may be contaminated. At the time they sell their home they will be mandated to insure water quality for the new resident. The law does not give equal consideration to this larger number of constituents and provide encouragement for them to test their wells. You are in the unique position to create a template that can be incorporated by other towns and/or the County for standardization of mandatory well testing. Take your time and let us not rush into it. .1 believe some will say this law is something which is better than nothing. I say do it right the first time because I believe that once a law is passed the probability of it being changed is very slim. 1G-JUL-GUU( inV icIce III iiiu 11UuaUtx ILLO MA AU. a4J40O4J1 f i. UJAM Thank you for the opportunity to make these comments. I am at your disposal for any additional discussion. Respectfially submitted, 261V 1 �d4 w Santo Tambone 845 485-7960 Page 1 of 1 Gina Basile From: John Hickman Sent: Monday, July 09, 2007 1:58 PM To: Joe Ruggiero Subject: Letter for Tonight' s Meeting Supervisor Ruggerio, Please read this letter of support at your meeting tonight. Thanks. JH July 9, 2007 Dear Supervisor Ruggerio and members of the Town Board, Due to a scheduling conflict I am unable to attend tonight's Wappinger Town Board public hearing on the proposed well testing law. However, I would like to go on the record stating that I wholeheartedly support this bill. The Town of East Fishkill has numerous private wells and, unfortunately, some areas of our Town have been seriously impacted due to water contamination. Certainly, the protection of our water resources and, thus, the health and safety of our constituents is a matter that cannot be understated. If such critical issues have to be addressed at the local level, I am confident that by working together we can achieve these goals. On July 26th the East Fishkill Town Board will open our public hearing for the private well testing law. I look forward to working with the Towns of Wappinger and Fishkill in the implementation of such important legislation. Thank you. Respectfully, John Hickman, Supervisor Town of East Fishkill 7/9/2007 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 FOR "MANDATORY PRIVATE WELL TESTING" IN THE TOWN OF WAPPINGER 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 June 25th, 2007, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law for "Mandatory Private Well Testing" in the Town of Wappinger, 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. Fhn C. terson Town Clerk Town of Wappinger Sworn to before me the 27th day f June, 2 7 NOT_ ARY UBLIC Nota MARIA GILBRIOE rI► Pblic, State of New Rei No.OlG150873T4 Qualified in Dutchoss Cou Commission Expires Now. 3. RECFIVFD F A N F 'Pl. F F P lrF JUL 112007 IF! IH r,T r! r' TOWN CLERK -)F �S c'i:qt�itv , 11 i T T N A H E, -A T H IW '-.) I- - , ,:I T a T F�, H F R f t. h of (?lit N e vis e VJ'�-; P ni Pe I- ii t-! wt n nA F -I P T I F P`P FA L L`=- D T t f F) T C H F' tat'e that a rioti'-7e, c)f th? i it t e J p V W wLS i u hi cl i I-) u t h e n n 't c, be f:,- ;a ime this; -'-t h dA: V f jUnp- , )07 ALBERT M f-cJFN Notary Pubtic., State of N F W Y (I P k 0 Lia I I f i e J 11-1 11 t' IT C" H F S'S C c, L t rl t M%Y i- c� n I fl) i s s i n r) e x p i r e �; o n ma.v I -, :_'(:111.. RE(.,,El\/F-V) J U L 0 9 2007 TOWN CLERK L 11 r uuHl Incupbrrir 6euU(I l�dl Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York RECENFi j County of Dutchess JUL 0 6 2001 City of Poughkeepsie 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 Newspap,ersr 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 inse we on successively, in each week, commencing on the 27th day of ,lune 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. cribed a " n sworn to before me this day of in the year of 2007 Notary Public MAUREEN CIESLUK NOTARY PUBLICLIC,, STATIfB9fcbHH@R1'bn expires N0.01 015096485 QUALIFIED IN DUTCHESS COUNTY COMMISSION EXPIRES OCTOBER 14, 200 Regular Meeting Minutes July 9, 2007 IV. Discussion A. Obercreek - Stony Kill Farm Presentation Supervisor Ruggiero opened the discussion at 7:56 PM. Alex Reese was present to address the Board. He explained that he had given a presentation to the Board nearly a year ago about the vision for Obercreek Farms. Mr. Reese gave a brief description of that property and explained some of its history. Obercreek is a 240 acre parcel. There are plans to develop a portion or that property. Mr. Reese would like to designate other parts of the land as conservation districts. The conservation districts would make up 90 acres. He also explained that he has had discussions with a farming group based at Stoney Kill Farm. They have entered into a tentative agreement to have them base their operations at Obercreek Farm. Mr. Reese then introduced Lisa Jessup, director of Common Ground Farm. Ms. Jessup introduced the rest of her team. She gave a brief slideshow presentation about her organization. Her organization is a Community Supported Agriculture program. In other words, people buy shares in the farm. Throughout the season, those people can come to the farm to receive produce every week. Mr. Reese added that the farm is organic. Ms. Jessup's presentation continued. Supervisor Ruggiero asked if there were any comments or questions from the Board. There were none. He explained that there is a Public Hearing scheduled for the 18th and 19th of July that will have much to do with the area discussed here tonight. The Supervisor then closed the discussion at 8:12 PM. B. United Wappinger Water Update - Jay Paggi Supervisor Ruggiero opened the discussion at 8:12 PM. Jay Paggi, Town Engineer, explained that there are two memos from his office to the Board. The first memo gives a history of the reports that his office has submitted to the Board over the last three years regarding other areas outside of the United Wappinger Water District and the possibility of extending service to those areas. The areas are the Appleblossom / Peter Lane, Losse / Sucich, Cedar Hill and Fowlerhouse areas. Mr. Paggi used maps and sketches to help illustrate. He explained that he is proposing to extend the service, with the available surplus, to the four areas shown in yellow on the map. This would involve 258 homes. The second memo consisted of a cover letter and chart which updates the source capacity for the United Wappinger Water District. He read and explained portions of the letter for the Board. Mr. Paggi summarized the two letters by saying that the Town could safely extend the service area to the four sections, serving the 258 homes, and provide water for the Adams Fairacre Farms project that is currently before the Wappinger Planning Board. There would still be approximately 32,000 gallons per day to use. Discussion followed. Councilman Beale mentioned a problem concerning a fire hydrant problem on Eck Road. Mr. Paggi explained that there is a problem in that area because of the elevation and topography. To get water to the top of the hill, it would need to be pumped. That pump is only designed to provide residential flows. The only way to improve the situation is to extend the height of the tanks at Cider Mill Loop. It would be difficult and impractical to do. Supervisor Ruggiero asked about putting a tank at the top of Peter Drive. Mr. Paggi replied that a closed loop tank could be put up there, but that would also present some operational problems. It could be done though. Supervisor Ruggiero asked if there were any other continents or questions. There were none. The discussion was then closed at 8:21 PM. V. Resolutions RESOLUTION: 2007-134 Resolution Authorizing Refund of Unused Escrow for 55 Hackensack Heights Road for Seeding WHEREAS, on or about December 11th, 2006, Lisa Selage deposited One Thousand Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the property located at 55 Hackensack Heights Road for seeding, and WHEREAS, Lisa Selage has requested a refund in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00), and has been approved by George Kolb, Director of Code Enforcement, in letter dated June 22°d, 2007, to the Town of Wappinger Town Board. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00) made payable to Lisa Selage, Account Number 2005-0896, for the refund of the unused escrow deposited for the property located at 55 Hackensack Heights Road. Town of Wappinger Page 4 Printed 7/2b/1UU1 Regular Meeting Minutes July 9, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-134 0 Adopted Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter 0 ❑ ❑ ❑ El Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ p ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ Vincent Bettina Voter Joseph Paoloni ! Voter ❑ ❑ ❑ t Dated: Wappingers Falls, New York July 09t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-135 Resolution Authorizing Refund of Unused Escrow for 63 Ketchamtown Road for Seeding WHEREAS, on or about December 20th, 2006, Helen Piteo deposited One Thousand Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the property located at 63 Ketchamtown Road for seeding, and WHEREAS, Helen Piteo has requested a refund in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00), and has been approved by George Kolb, Director of Code Enforcement, in letter dated June 26th, 2007, to the Town of Wappinger Town Board. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00) made payable to Helen Piteo, Account Number 2006-0379, for the refund of the unused escrow deposited for the property located at 63 Ketchamtown Road. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2007-135 0 Adopted Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ 13 ❑ Defeated ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York July 09t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-136 Resolution Accepting First Reduction in the Security Posted with the Performance Agreement Secured by a Surety Bond for the Shamrock Hills Subdivision WHEREAS, Toll Land VI, Limited Partnership had made application to the Town of Wappinger Planning Board to approve the subdivision of lands more particularly described in Subdivision Plat entitled "Shamrock Hills Subdivision', prepared by Povall Engineering dated September 12th, 2003, last revised March 28th, 2006; and WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval by Resolution dated November 7th, 2005, amended by Resolution adopted August 7`h, 2006, subject to certain public improvements being made and constructed within said subdivision and subject to completion of the requirements set forth in the Town Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town, and further subject to the requirements set forth in the letter of Paggi, Martin & Del Bene, LLP, Engineer to the Town, dated July 12th, 2006, together with the Schedule of Bond Values; and WHEREAS, Town Law §277 requires that the developer of a proposed subdivision guarantee the construction, installation, and dedication of the required public improvements by the Resolution of Subdivision Approval, prior to issuance of any building permits; and WHEREAS, Toll Land VI, Limited Partnership executed and posted a Performance Agreement Secured by a Surety Bond (No. 39BSBDT0495) issued by Hartford Fire Insurance Company on August 22d, 2006, in favor of the Town of Wappinger in the sum of Six Million Five Hundred Ninety Four Thousand Dollars ($6,594,000.00) , which Performance Agreement and Surety Bond was accepted Town of Wappinger Page 5 Printed 7/26/2007 Regular Meeting Minutes July 9, 2007 by the Town Board by Resolution 2006-186 at the Town Board meeting held on August 28th, 2006; and WHEREAS, Toll Land VI, Limited Partnership has completed some of the required improvements; and WHEREAS, by letter dated June 1101, 2007, a copy of which is affixed hereto, Engineers to the Town, Paggi, Martin & Del Bene, LLP, determined that the construction value of the work remaining to be completed was Three Million Five Hundred Eighty Eight Thousand Nine Hundred Dollars ($3,588,900.00), inclusive of administrative costs; and WHEREAS, the Town Board hereby agrees to and authorizes a reduction in the security posted with the Performance Agreement, and hereby agrees to accept a Surety Bond in the sum of Three Million Five Hundred Eighty -Eight Thousand Nine Hundred Dollars ($3,588,900.00) as security to guarantee completion of the remaining work. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees to accept a Surety Bond in the amount of Three Million Five Hundred Eighty Eight Thousand Nine Hundred Dollars ($3,588,900.00), as the security posted with the Performance Agreement to insure that the improvements required for the Shamrock Hills Subdivision will be properly completed as required by the Planning Board Resolution of Approval dated November 70', 2005, amended by Resolution adopted August 7th, 2006. 3. The Surety Bond previously posted in the amount of Six Million Five Hundred Ninety Four Thousand Dollars ($6,594,000.00) is hereby authorized to be released by the Town Clerk upon delivery to him of the above referenced Surety Bond in form acceptable to the Attorney of the Town. The foregoing was put to a vote which resulted as follows: Vote Record - ResolutionRES-2007-136 No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter ® ❑ 11Yes/Aye ❑ ❑ Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York July 09t , 2007 The Resolution is hereby duly declared adopted. J, RESOLUTION: 2007-137 Resolution Authorizing Members of the Sports Museum of Dutchess County to Use the Cafeteria and Chapel at Carnwath for the Beacon Bears Event WHEREAS, Joseph Ennesser, a member of the board of trustees for the Sports Museum of Dutchess County, has requested permission in a letter dated July 2nd, 2007, which is attached hereto, that the members of the Sports Museum be allowed to use the Carnwath Chapel and Cafeteria for an event honoring the old Beacon Bears semi -pro football team on September 15th, 2007, and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town of Wappinger Town Board hereby authorizes the members of the Sports Museum of Dutchess County to use the Carnwath Chapel and Cafeteria for their event honoring the Beacon Bears on September 151h, 2007. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2007-137 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ El Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator ® ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York July 09t , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 7/26/2007 Regular Meeting Minutes July 9, 2007 RESOLUTION: 2007-138 Resolution Authorizing Budget Amendments WHEREAS, the Comptroller to the Town of Wappinger, Jean Gallucci, has recommended certain budget transfers hereby amending the 2007 Town budget as set forth in a letter from Jean Gallucci, and To: WHEREAS, the budget amendments are as follows: Town Board Admin/C.E. Increase To: B599 Appropriated Fund Balance $70,000.00 $230,034.00 B960 Appropriations $70,000.00 $1,747,468.00 B1420.400 Attorney $30,000.00 $105,000.00 B8020.400 Planner $40,000.00 $80,000.00 Increase: A Fund Decrease: A Fund Increase• To: A1010.400 Town Board Admin/C.E. $1,900.00 $2,400.00 Al 110.105 Clerk to Justice 21,000.00 27,000.00 Al 110.408 Justice -Supplies 1,440.00 3,940.00 A1220.104 Budget Officer 7,000.00 7,000.00 A1220.401 Supervisor-Misc. 1,100.00 1,600.00 A1315.199 Comptroller -Comp Time 4,400.00 7,400.00 A1315.402 Comptroller -Supplies 2,150.00 4,250.00 A1330.102 Tax Clerk -Part -Time 123.00 123.00 A1330.199 Tax -Comp Time 511.00 511.00 A1355.402 Assessor -Supplies 600.00 1,600.00 A1410.101 Deputy Town Clerk #1 25,000.00 25,000.00 A1410.402 Town Clerk -Supplies 500.00 2,950.00 A1410.405 Town Clerk-Dues/Training 144.00 644.00 A1440.401 Engineering -Robinson Lane 1,000.00 1,000.00 A1440.402 Engineering -Martz Tennis Courts 504.00 504.00 A1680.400 Central Data-C.E. 7,370.00 34,370.00 A1930.400 Judgments and Claims 11.00 11.00 A1950.400 Taxes and Assessments 3,401.00 7,401.00 A3310.400 Traffic and Public Safety 481.00 1,981.00 A3510.400 Dog -Cell and Land Line 500.00 1,900.00 A7020.199 Recreation -Comp Time 500.00 500.00 A7110.405 Parks -Custodial Services 2,285.00 4,285.00 A7140.103 Gymnastics Boys/Girls 380.00 3,380.00 A7140.105 Basketball Boys/Girls 825.00 3,075.00 A7140.404 Advertising 450.00 7,450.00 $83,575.00 Decrease: A Fund Increase: Town of Wappinger Page 7 Printed 7/26/2007 Decrease: To: A1010.200 Town Board -Equipment $500.00 0.00 Al 110.104 Clerk 21,000.00 6,000.00 A1220.400 Budget Officer 7,000.00 0.00 A1315.200 Comptroller -Equipment 76.00 1,124.00 A1355.200 Assessor -Equipment 1,576.00 1,124.00 A1410.102 Deputy Town Clerk #2 25,000.00 0.00 A1410.200 Town Clerk -Equipment 322.00 1,178.00 A1410.401 Town Clerk -Cash Books/Minutes 500.00 0.00 A1620.200 Building -Equipment 5,000.00 0.00 A1620.420 Xerox Copies 11,066.00 8,934.00 A1910.400 Unallocated Insurance 5,000.00 156,000.00 A1990.400 Contingent Account 4,035.00 0.00 A3510.402 Dog -Training 500.00 0.00 A5010.200 Highway -Supplies 1,000.00 0.00 A7620.108 Senior -Part Time Person 1,000.00 0.00 $83,575.00 Increase: Town of Wappinger Page 7 Printed 7/26/2007 Regular Meeting Minutes July 9, 2007 B Fund Decrease: DB Fund Decrease: • Increase• To: B3410.405 Fire -Supplies $ 295.00 $295.00 B3620.403 Building -Telephone 1,844.00 3,024.00 B8010.400 Zoning Board-C.E. 1,804.00 2,304.00 B8015.102 Zoning Secretary -Part Time 6,500.00 6,500.00 B8015.408 Zoning -Supplies 529.00 529.00 B8020.401 Planning -Dues 2,902.00 2,902.00 B8020.408 Planning -Supplies 726.00 726.00 B8540.400 Storm Cleaning and Drainage 600.00 600.00 $15,200.00 Decrease: B Fund Decrease: To: B1420.450 Fiscal Advisor $1,500.00 0.00 B1910.400 Unallocated Insurance 71.00 8,660.00 B3410.101 Fire Secretary -Part Time 6,500.00 0.00 B3410.200 Fire -Equipment 300.00 0.00 B3410.404 Fire-NYSBOC Dues 170.00 330.00 B3410.410 Fire-Equafax 75.00 75.00 B3620.400 Building-C.E. 1,385.00 14,930.00 B3620.404 Building -Cell and Radios 1,844.00 1,476.00 B3620.407 Building-Equafax 305.00 305.00 B6510.400 Empire Zone 67.00 18,433.00 B8010.200 Zoning Board -Equipment 450.00 0.00 B8015.204 Zoning -Equipment 79.00 671.00 B8015.411 Zoning-Equafax 75.00 75.00 B8020.203 Planning -Equipment 79.00 671.00 B8020.407 Planning-Equafax 300.00 300.00 B8510.400 Community Beautification 2,000.00 3,000.00 $15,200.00 Increase• DB Fund Increase• To: DB1420.400 Attorney $405.00 $ 405.00 D131440.400 Engineering 1,202.00 1,202.00 DB1910.400 Unallocated Insurance 963.00 31,685.00 D135130.200 Machinery -Equipment 4,322.00 9,322.00 $6,892.00 Decrease: DB Fund Decrease: SI Fund Decrease: To: SI8110.400 Administration, C.E. $168.00 $168.00 Increase• Decrease: To: DB 1990.400 Contingent Account $1,992.00 $48,008.00 D135130.400 Machinery-C.E. 4,900.00 75,100.00 $6,892.00 To: Increase• Attorney $1,500.00 SI Fund WU1440.400 Engineer 6,660.00 Increase• To: SI1910.400 Unallocated Insurance $168.00 $168.00 Decrease: SI Fund Decrease: To: SI8110.400 Administration, C.E. $168.00 $168.00 Increase• WU Fund Increase• To: WU1420.400 Attorney $1,500.00 $1,500.00 WU1440.400 Engineer 6,660.00 6,660.00 WU 1910.400 Unallocated Insurance 670.00 670.00 WU8320.400 Source of Supply 1,861.00 1,860.00 Town of Wappinger Page 8 Printed 7/26/2007 Ij Regular Meeting Minutes July 9, 2007 $10,691.00 Decrease: WU Fund Decrease: To: WU8310.400 Administration, C.E. $10,691.00 $14,291.00 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the budget transfers stated above, hereby amending the Town of Wappinger Budget adopted for the calendar year of 2007. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2007-138 El Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Joseph Ruggiero Voter El ❑ ❑ ❑ El Defeated William Beale Seconder a ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator D ❑ ❑ ❑ Joseph Paoloni Voter O ❑ ❑ a Dated: Wappingers Falls, New York July 09t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-139 Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 66 of the Town Code, "Ambulance Notification" WHEREAS, the Town Board is aware that ambulance services have been called to the scene of an emergency within the Town of Wappinger in response to telephone requests made from outside of the Dutchess County 911 Emergency Response System (hereinafter "911 System"); and WHEREAS, requests for ambulance services to respond to medical emergencies from outside of the 911 System may result in the response of multiple ambulances to the scene, or may result in the dispatch of an improperly equipped ambulance, or may result in an increased response time; and said calls made outside of the 911 System, deprive injured persons at the scene of the emergency the benefit of the trained and appropriate response from fire companies, police and other first responders called from the 911 System; and WHEREAS, calls for ambulance services outside of the 911 System results in an increased charge for Town residents because ambulance service provided by the Wappinger Ambulance District limits charges to Town residents to that which is covered by insurance; and WHEREAS, the Town Board finds and determines that receiving calls for ambulance services outside of the 911 System creates dual, uncoordinated and unnecessary responses on the part of ambulance services and this constitutes an unsafe practice which requires regulation; and WHEREAS, the Town Board also finds that such unsafe practice interferes with the emergency medical services provided by the Wappinger Ambulance District and by volunteer fire departments; and WHEREAS, Municipal Home Rule Law § 10(1) authorizes the Town to enact legislation for the protection, safety, health and well-being of the people of the Town of Wappinger as well as the traveling, visiting and sojourning public; and WHEREAS, the purpose of this law is to stop the abuses and unsafe practices caused by the uncoordinated and unnecessary response by ambulance services that have been called for medical assistance outside of the 911 System; and WHEREAS, the Town Board emphasizes and reconfirms its commitment to the 911 System, as well as the Inter -Municipal Agreement known as "Mutual Aide" of which the Town of Wappinger is and has been a party; 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 66; 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, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, and Part 617 of the Town of Wappinger Page 9 Printed 7/26/2007 Regular Meeting Minutes July 9, 2007 NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law which establishes locally designated actions); 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 the Lead Agency for purposes of SEQRA review. 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 an Unlisted Action pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA), 6 NYCRR Part 617 and Local Law No.6 of 1992 (WEQR). The Town Board defers its decision to make a determination of significance pursuant to SEQRA until after the conclusion of the Public Hearing. 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 27th day of August, 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: ✓ Vote Record - Resolution RES -2007-134 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ 11 0 ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jose ph Paoloni Voter ❑ ❑ __ ❑ 0 Dated: Wappingers Falls, New York July 09t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-140 Resolution Adopting Local Law No. of the Year 2007, "Mandatory Private Well Testing" In the Town of Wappinger WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007, Mandatory Private Well Testing" in the Town of Wappinger; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town of Wappinger; and WHEREAS, the Public Hearing was held on July , 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 made a Negative Declaration of Significance pursuant to SEQRA and the Town's Environmental Quality Review Law and has filed a Short Form EAF; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is 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: 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 adopts Local Law No._ of the Year 2007 entitled "Local Law No. of the Year 2007, Mandatory Private Well Testing" in the Town of Wappinger, a copy of which is attached hereto and made part of this Resolution. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. Town of Wappinger Page 10 Printed 7/26/2007 T�� Regular Meeting Minutes July 9, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-140 ❑ Adopted - - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Seconder 0 ❑ ❑ ❑ 0 Defeated William Beale Voter ❑ ❑ 0 ❑ ❑ Tabled Vincent Bettina Voter ❑ p ❑ Voter ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ Maureen McCarthy Seconder Joseph Paoloni Voter ❑ Ej ❑ 21 Dated: Wappingers Falls, New York July 09t , 2007 The Resolution is hereby defeated. RESOLUTION: 2007-141 Resolution Adopting Local Law No. of the Year 2007, Creating Chapter 227 of the Town Code, Towing WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007, Creating Chapter 227 of the Town Code, Towing; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town; and WHEREAS, the Public Hearing was held on June , 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 has caused the preparation of a Short Form EAF; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is 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: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR and Section 117 of the Code of the Town of Wappinger and hereby determines that the intended action, to wit, the adoption of the referenced Towing Law, will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DECLARATION OF SIGNIFICANCE for this action and directs the filing of the EAF as required by law. 3. The Town Board of the Town of Wappinger hereby adopts Local Law No. of the Year 2007 entitled "Local Law No. of the Year 2007, Creating Chapter 227 of the Town Code, Towing, a copy of which is attached hereto and made part of this Resolution. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York, as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-141 Yes/Aye No/Nay Abstain Absent ❑ Adopted Joseph Ruggiero Voter ❑ ❑ 0 ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ 0 Defeated Vincent Bettina Voter ❑ 11 0 ❑ ❑ Tabled Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York July 09t , 2007 The Resolution is hereby defeated. Town of Wappinger Page 11 Printed 7/26/2007 VI. 2. 3. ular New Business 1. Councilman Beale New Business Minutes July 9, 2007 Councilman Beale had the opportunity to attend a meeting with the Director of Code Enforcement and Fire Inspector pertaining to building number 18 at Montclair. He mentioned that a solution for the repair of that area may be near. Councilwoman McCarthy New Business Councilwoman McCarthy asked to make sure that letters to the residents of Kendell Farms went out. Jay Paggi, Town Engineer, informed her that he has had phone conversations with the person that is channeling that application over at the DEC. That person is going to do whatever she can in order to expedite it. Councilwoman McCarthy also mentioned a phone call she received from a resident of the Ardmore area. The resident complained about the use of fireworks and lack of police presence over the 4th of July. Supervisor Ruggiero New Business Supervisor Ruggiero made a motion to reconsider Resolution 2007-140. Councilwoman McCarthy seconded the motion. Councilman Beale commented that he is abstaining from the Local Law. Supervisor Ruggiero informed Councilman Beale that this was a motion to reconsider. Supervisor Ruggiero went on to say that he feels a disservice has been done by Councilman Beale's abstention. He explained that the Law is an important piece of legislation that the County government has failed to enact. The two absent Councilmembers were present in the crafting of the Law. He stated that Councilman Bettina and Councilman Paoloni recommended the amendment that places the responsibility on the buyer. He went on to say that an abstention would not accomplish anything because he would be calling the Board back in session every two days until the Law is passed. Councilman Beale stated that his abstention does not mean that he does not support the legislation. He believes that the absent Councilmembers need to have an opportunity to discuss the Law and that there are other issues that need to be discussed further, such as which party is responsible to pay for the well test. Councilwoman McCarthy commented that she appreciates Councilman Beale's request that the rest of the Board be present. She went on to say that the issue is "long -planned" and the Board members have known about the issue being on the agenda. She feels that, in cases when there is a vote on the table and a sufficient number of voters present, the Councilmembers should express clearly their support or non-support of the Resolution. Councilman Beale again stated that he is abstaining because they are working with nearly half of the Board. Discussion followed. Councilwoman McCarthy mentioned that the Board is going to be called in every two days until it is resolved. This will result in other Board members not being present. Councilman Beale replied that a Board member that understands how critical the legislation is will make themselves available. Councilwoman McCarthy explained that she has a relative that is dying. She will most likely be out of state. She feels the issue is critical and is present to vote. She disagreed with Councilman Beale's opinion that a Councilmember that is absent feels that an issue is not critical. She feels that abstaining and perpetuating the situation is not responsible. Councilman Beale apologized and stated that he wished that the Councilwoman saw his point. 4. Motion To: reconsider Resolution 2007-140 and to place it on the agenda for a vote RESULT: DEFEATED MOVER: Joseph Ruggiero, Supervisor SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, Maureen McCarthy ABSTAIN: William Beale ABSENT: Vincent Bettina, Joseph Paoloni Town of Wappinger Page 12 Printed 7/26/2007 'u Regular Meeting Minutes July 9, 2007 VII. Executive Session 1. Motion To: go into executive session at 8:34 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni ._ -__ A. Personnel Matter 2. Motion To: come out of executive session at 8:50 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni VIII. Resolutions RESOLUTION: 2007-142 Resolution from Executive Session Regarding Personnel Issue BE IT HEREBY RESOLVED by the Town Board of the Town of Wappinger that effective July 9th, 2007, "Employee 060107" is suspended without pay for a period of thirty (30) work days, pending the hearing and determination of disciplinary charges preferred against the employee on or about July 2nd, 2007. If "Employee 060107' is acquitted of the charges, the employee will be restored to full pay for the period of suspension without pay, less the amount of any unemployment benefits the employee may have received during such period. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2007-142 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 11 ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York July 09t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-143 Resolution Appointing Hearing Officer BE IT HEREBY RESOLVED, by the Town Board of the Town of Wappinger, that Mr. Joseph Wooley is appointed to serve as the hearing officer on the disciplinary charges brought against "Employee 060107' on or about 7/2/07, and any amendment thereto. Town of Wappinger Page 13 rriumu iizul4v- Regular Meeting Minutes July 9, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-143 ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman Yes/Aye NotNay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Voter ❑ ❑ ❑ 0 Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York July 09' 2007 The Resolution is hereby duly declared adopted. IX. Executive Session 1. Motion To: go into executive session at 8:50 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni B. AW Scrap C. Absolute Property 4. Motion To: come out of executive session at 10:02 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen ABSENT: Vincent Bettina, Joseph Paoloni X. Adjournment 1. Motion To: adjourn at 10:02 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 10:02 PM. Wjih� C Masterson Town Clerk Town of Wappinger Page 14 Printed 7/26/2007