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2007-09-10 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting September 10th, 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 September 10th, 2007, at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Hearings 1. Public Hearing on the Intended Use of Community Development Block Grant Funds III. Public Portion on Agenda Items IV. Discussion A. United Wappinger Water Update — Jay Paggi B. Soccer Fields — Jay Paggi V. Resolutions 2007-175. Resolution Approving Financing Plan for Improvements to Airport Drive Soccer Field Tabled 8/27/2007 7:30 PM 2007-176. A Resolution Authorizing, Subject to Permissive Referendum, the Construction of a New Recreation Field at Airport Drive, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $1,600,000, and Authorizing the Issuance of $1,100,000 Bonds of Said Town to Pay Part of the Cost Thereof Tabled 8/27/2007 7:30 PM 2007-187. Resolution Introducing Local Law No. of the 2007, Amendments to Mandatory Private Well Testing in the Town of Wappinger 2007-188. Resolution Authorizing Michelle Robbins to Use the Parking Lot at Carnwath Farms on September 15th, 2007 2007-189. Resolution Authorizing Return of Unused Escrow for Dutchess Landscape Supply Corporation 2007-190. Resolution Introducing Local Law No. of the Year 2007, Designating a Three -Way Full Stop Intersection At the Intersection of Granger Place and Scott Drive 2007-191. Resolution Adopting Local Law No. of the Year 2007, Creating Chapter 227 of the Town Code, Towing 2007-192. Resolution Authorizing a Waiver of 30 -Day Hold Rights for Violet Creek Class Change VI. Unanimous Consent 2007-193. Resolution Endorsing the 2007 Greenway Conservancy for the Hudson River Valley Annual Grant Program VII. New Business VIII. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 �Regular Meeting townoiwappinger.us Minutes Chris Masterson Monday, September 10th, 2007 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the Meeting to order at 7:34 PM. Attendee Name i Organizat an Titley Status ; Arrived Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman I Present Joseph Paolom Town of Wappinger Councilman _ j Absent Others Present Attendee Name Orkanizadon I Title r Status 1 Arrived Jay Paggi Town Engineer Present Al Roberts Town Attorney Present Graham Foster Highway -Superintendent Present __.. _ . _ David Stolman Town Planner j Present Public Hearings Public Hearing on the Intended Use of Community Development Block Grant Funds 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). Supervisor Ruggiero explained that, every year, the Town, along with all of the other Towns in the County, makes application for the Community Development Block Grant. They rank applications in different categories. The Town is awarded grant funds if it scores high enough in those categories. This year, the Supervisor is asking the Board to consider making application for funds for the development of a field for the Challenger League. The Challenger League is a baseball league for handicapped children. The Supervisor then opened the floor to comments. There were none. The last time the Town was awarded grant funds, the Supervisor pointed out, the total awarded was $150,000 and it went towards the Wappinger Park Water District. With no other comments, Councilwoman McCarthy made a motion to close the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. The Public Hearing closed at 7:38 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Joseph Ruggiero, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Town of Wappinger Page 1 Printed 9/14/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE INTENDED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 20', 2007, your deponent posted a copy of the attached Notice of Public Hearing on the Intended Use of Community Development Block Grant Funds, on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. (JP. - ( Y� John . M terson Town Clerk Town of Wappinger Sworn to before me the 10th day of September, 2007 NOTARY PUBLIC _ bENISE MACIO 01MA6168116 Public_ State of New York Ei 8/-County SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGEAS FALLS, NY 12590 ink �����W �L -t-- CDO -F �" I:> I �L r_– 4EX 1-- -_:L <:> " To: WAPPIN6ER5 FALLS, TOWN P.O. B0% 324 tJAPPIN8EAS FALLS, NY 12590 Re� Legal notice #78667 NO�CE��FPUBL�� beenunde�aken . HEARING Dated: TOW0OF Au mst27'2OU7 Ststa of NEW YORK } yy AppiNGER BYORDEROFTHE \ S,:s NOTICE ISHEY TOWN BOARD County of DUTCHE5S ) OFTHETOVVNOF Boathe of VVAPP|NGER I, TTNA HEATH, being duly sworn, depose and ar vviUion' JOHN C.MASTEF- � that I �m the PUBLISHER of Sothe n sayur duc�oPU8L|{�HEAR ' SON, TOWN CLERK Dutchaso News, a weekly newspape[ of general |NGonthe 1Oth "�x of September, -,—� -` 2007, at -- circulation pud W bl�ah�in �PPINQERS FALLS, /�uup/n�u the Town County of DUTCHESS, Stat* of NEW YORK; and Hall, VV 7��n of a notice, of which the annexed is a | i [ 20 Middle— printed copy,- was duly Published in SOuthern ' bush Road. VVap' Dutch*se News once on D@/29/D7' i Falls, New York, at which time all parties in interest and citizens shall have an opportunity to offer oonnnnants and aug' Sworn to before this h dfk-igust, 2007dona on the Town's intended use of Community Devel- Notary Public State of NEW YORK opment ' Funds '~ calendar | year 20O8.Following Wo' - 14 824U760 the Public Hearing, Qualified in OUTCHF5S County the Town intends M+ oommiaaioD expires on May l6, 2011 ' k8 application for ' Co nnrn � Develop-; Funds pursuantto the t� Dutchess County De- . partment of Planning and Development's Community Develop mentBlockGrantPro PLEASE TAKEFURTHERNO � TICE that the purposeand intent of the , � 0� ^ - .Poughkeepsie, N.Y. AFFIDAVIT OF'PUf3LICATION State of New York County of Dutchess City of Poughkeepsie SEP 4 -1007 TOWN CLERK Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper printed and published every day in the year 2007 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly one insertion Published in the said newspaper for weeks successively, in each week, commencing on the 29thday of Aug. 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. Sub cribed and sworn to before me this day of 1.6ain the year of 2007 t �jNotary ublic My commission expires O LESLIE SHERADEN Natery Public, State of New YOk No 01SH5018755 goafified in Dutchess Cnu A g1AM j%tk1Qn Expires Regular Meeting Minutes September 10, 2007 III. Public Portion on Agenda Items Supervisor Ruggiero opened the floor to public comments on the agenda items at 8:38 PM. Mrs. Concetta Olivieri, a Town of Wappinger resident asked about the Resolution allowing a resident to use the parking lot at Carnwath. She wanted to know who the resident was and why she needed to park at Carnwath. Supervisor Rug�iero explained that the resident lives near Carnwath and is having a party on September 15 , 2007. She is asking for permission for her guests to park at Carnwath. Mrs. Olivieri wanted to know if the Board was granting permission. Supervisor Ruggiero replied that it was on the agenda for Board approval. Mrs. Olivieri then asked what would happen if someone got hurt or there was an accident. Supervisor Ruggiero answered that it would be the same as any other time that a resident is on Town park property. Mrs. Olivieri then asked if the Carnwath was open. Supervisor Ruggiero replied that it was. Discussion followed. The public portion was then closed at 7:41 PM. IV. Discussion A. United Wappinger Water Update - Jay Paggi Supervisor Ruggiero opened the discussion at 7:41 PM and asked Jay Paggi, Town Engineer, to begin his presentation for the Board. Mr. Paggi explained that his office has, at the request of the Town Board, updated their water usage chart. He presented the chart briefly at a Town Board Meeting in July. In that chart, they have identified the total amount of water that the water district can produce on a daily basis, the existing water usage that we have today and how many lots can be built according to current zoning. With those numbers in mind, they have calculated how much surplus water the Town has. Mr. Paggi explained that the Town water comes from two well fields: the Atlas well field on the Wappinger Creek and the Hilltop well field on the Sprout Creek. The Town can now supplement that with the Meadowood wells which are also on the Sprout Creek. The Town has discussed, over the years, using that surplus to provide water to four areas outside the existing district. Those areas are current existing residential areas demonstrating poor water quality and quantity problems. The four areas are: The Losee/Sucich area, The Cedar Hill Road Area, The Fowlerhouse, Card and Peggy Area, and the Apple blossom/Peters Area. Mr. Paggi has determined how many lots there could potentially be and how much water those areas would consume. Subtracting that out from the surplus, Mr. Paggi has calculated 32,000 gallons per day of surplus to utilize. That would supply an approximate additional 52 typical residential homes. Mr. Paggi added that he hopes to have a presentation ready for the September 24th Town Board Meeting that will better identify the project costs of extending service to these four areas. Mr. Paggi then asked if there were any questions. There were none. Supervisor Ruggiero then closed the discussion at 7:46 PM. B. Soccer Fields - Jay Paggi Supervisor Ruggiero opened the discussion at 7:46 PM. He explained that the Board had asked that this topic be placed on the agenda as a discussion topic so that they can go over specific costs. The floor was then turned over to Jay Paggi, Town Engineer. Mr. Paggi first explained that the Town has obtained a Wetland Permit to do the work. The permit runs out in December. The work will most likely not be completed by then. Therefore, the Town will need to apply for an extension. Mr. Paggi then used a diagram to illustrate the planned fields and the work that would be necessary to build those fields. He explained that the cost of the project would be $1.6 Million. That would provide a Field Turf field and two natural sod fields. He then discussed how the fields would be paid for. The soccer program has agreed to donate $140,000. That leaves $1,460,000 for the Town to pay. The Town has $440,000 in the Parkland Trust Fund. Of that $440,000,$360,000 would be used. That would leave $1,100,000 to be bonded over 15 years. In order to repay that bond, the Town is proposing to utilize recreation fees as they come into the Town. There are 400 or so lots before the Town in various phases of approval. Those lots will generate approximately $2 Million in fees over the next few years. Those fees will be utilized to pay off the bond. Supervisor Ruggiero added that, of the $2,050,000 that the Town is anticipating over the next five to six years, there would still be a balance of $600,000 to $700,000. It would not totally deplete the Parkland Trust Fund. One of the items that came up at the last Meeting was the number of players that were not Town residents. The Supervisor met with Supervisor Pagones of Fishkill. Supervisor Pagones drafted a letter, which Supervisor Ruggiero proceeded to read into the record. Supervisor Ruggiero stated that there is a shared services grant application program that the State has just funded. The Two Supervisors also discussed reaching out to the school district. Supervisor Town of Wappinger Page 2 Printed 9/14/2007 Regular Meeting Minutes September 10, 2007 Pagones told Supervisor Ruggiero that the Town of Fishkill should be putting money towards this capital program, as well as taking part in the grant application. She will be discussing that with the Fishkill Town Board in the next few weeks. At that point, the Town Board of Wappinger should have a Dollar commitment from Fishkill. Another item that was asked of the Supervisor at the last meeting involved a Town of Wappinger Recreation capital plan. Ralph Holt, Recreation Chairman, has asked that the Board keep a few items in mind that could use the Parkland Trust Fund money. Those items include: rehabilitation of the tennis courts for Pye Lane ($120,000), construction of a Town Pool ($50,000 - $85,000), basketball and tennis courts at Rhymer Park, the facilities at Carnwath Farm, and the general upkeep of current Town parks. There is also the project of the contract rezone at Robinson Lane. That Rezone will result in an additional field for Pop Warner at Robinson Lane that will also require capital to construct. Councilman Beale asked if there was a capital plan for Recreation. Supervisor Ruggiero replied that there was a plan years ago. The Recreation Department is currently compiling a new plan that the Board will be receiving. Councilman Bettina mentioned other plans that he had in mind that the Parkland Trust Fund could be used for. He mentioned projects such as an Amphitheatre at Carnwath and the Boat Launch in Chelsea. He stated that he is not ready to make any decision without seeing the capital plan. He would like to see soccer move forward, but is not sure that he wants to spend $1,100,000 without seeing the capital plan. He also thinks that Fishkill's willingness to participate is a great thing as well. Supervisor Ruggiero commented that the Town has looked into purchasing a portable amphitheatre for $125,000. The stage would come out of a trailer. The trailer could be transported throughout the Town. Councilman Bettina asked that a workshop be set up including the Town of Fishkill and the Wappinger Recreations Department before he makes a decision. Councilwoman McCarthy stated that she supports the plan to rehabilitate the soccer fields. Since the Town was first approached with estimates, the cost has gone up $250,000. The program is utilized by hundreds of children and will run infinitely, as long as the parents and volunteers continue to take an interest. She is impressed by the money that the soccer club is donating and is optimistic about Supervisor Pagones' contribution and commitment to shared services. Councilwoman McCarthy stated that the longer the Town waits, the more expensive it will become. She fears that if the Town waits too long, it will become completely cost prohibitive. The Town has had a year to think this over and she feels that it is time to focus on making a decision of support. Supervisor Ruggiero asked Jim Purdy, the head of the Wappinger United Soccer League, to comment. Mr. Purdy first addressed a comment made by Councilman Bettina. Mr. Purdy claimed that there is correspondence on this subject going back to 1999. At that time, the soccer club submitted requests to the Town Board for improvements to the fields. He then addressed a recent article in one of the newspapers. The article made the statement that soccer is "second to baseball". Mr. Purdy stated that the soccer program is the largest sports program in the Town, yet receives 50% of the funding that baseball gets. The only thing that the Town does as far as maintenance is empty the garbage pails and mow the lawn. All improvements of the fields since the fields were built were done by the club. He went on to say that the Town has had three 100 - year floods in the past 18 months. The club has a 10 week season in the spring and a 10 week season in the fall. The flooding of the fields causes the program to lose 2-3 weeks of the season. He said that the season is 10 months out of the year and is the longest running program in the Town each year. Mr. Purdy also made the point that there are 1100-1200 kids in the program. Of those players, 800 are town residents. The 800 Town resident players are more than the total amount of players in the baseball program. Mr. Purdy also agreed with Councilwoman McCarthy's point about the costs increasing. Referring to Councilman Bettina's comments about other programs that the Fund could go towards, Mr. Purdy stated that he has been asking for money well before Carnwath was even a "figment of the imagination". Now the Town has Carnwath, which costs a lot more money over time, and is going out seeking input about what the Parkland Trust money can go towards. The program also sat by and watched when Robinson Lane got lights. In response to Councilman Bettina's comments about a boat launch, Mr. Purdy commented that a boat launch would serve a limited group of people. He asked that Councilman Beale state where he stands on this issue. Councilman Beale replied that 27% of the players in the League are non-residents. He would like to see an actual plan as opposed to an anticipated revenue plan. He would like to know exactly how much the Town of Fishkill will be contributing. The Town is not looking for reasons not to support the soccer program, but there needs to be a Recreation Master Plan in place. The list should also be prioritized. The Councilman mentioned a contract that the Town has with Little League. Supervisor Ruggiero replied that the Town also has contracts with the Town of Wappinger Page 3 Printed 9/14/2007 Lr Regular Meeting Minutes September 10, 2007 soccer and football programs. Councilman Beale is in favor of teaming up with Fishkill and seeking grants, but those factors are not currently in place. Councilman Bettina explained that sports are very dear to him. He is not saying that he is not in favor of funding this. However, he wants to see a business plan first. In response to Mr. Purdy's comment that the soccer program has been waiting patiently, Councilman Bettina pointed out that there are issues with other Recreation programs that are longstanding. He would like to have the workshop meeting and work out the details of the plan. Mr. Purdy agreed that the Board should not make an on -the -spot decision. He pointed out that, from reading the Minutes of a previous meeting, certain Board Members had asked for the Recreation capital plan and that the request was not satisfied. That just adds to the frustration that the soccer program is feeling. Councilman Bettina asked if it was a good idea to put lights at the Airport Drive facility. Mr. Purdy replied that it would be great, but it may not be possible because of the proximity to the airport. Councilman Bettina also asked if the Town has had any conversation with the School Board. Supervisor Ruggiero replied that he has. The School Board is willing to work with the Town when it needs something, but not willing when the Towns need something. The three townships are in a better position to form intermunicipal agreements. Mr. Purdy mentioned an agreement in Mahopac that involved Pepsi. The Wappinger club does not have that option. The Wappinger Central School district has two schools, Ketcham and John Jay. If you built a field for one school, you would have to build one for the other school. Councilwoman McCarthy asked Mr. Paggi how long it would take for the work to be completed and what the best time of year to do the work would be. Mr. Paggi answered that it would need to be worked out with the soccer program. Mr. Purdy added that the field could be up in 60 days. The club would make accommodations for the two growing seasons to get off of those fields so that the work could be done. Discussion followed. Supervisor Ruggiero stated that he feels confident that there will be some sort of capital commitment from Fishkill. However, he does not want the decision to be contingent on the Fishkill contribution. The Town has a unique funding mechanism in place that will not affect the budget or the taxes and he feels that this is a rare opportunity that should not be missed. Councilman Beale asked if the soccer program was interested in following up on a corporate sponsorship, such as the one with Pepsi in Mahopac. Mr. Purdy explained that the Wappinger program doesn't have nearly the volume that the Mahopac School District has to make a sponsorship realistic. Discussion followed. Councilman Beale then asked about the other soccer fields that the Town has. He also wanted clarification on the 15 year bond. He was concerned that the life of the Field Turf is only 12 years. Supervisor Ruggiero explained that the Town has the ability to bond for 15 years. He feels that the Town will first do a short term BAN to be paid back in five years. The soccer donation could pay for the first year of bonding with interest. The money from the Parkland Trust Fund could pay for years two and three. After taking in the contribution from Fishkill, the remainder will come out of the Parkland Trust Fund. The balance could probably be paid off within the five years. Councilman Bettina asked if the Board should reach out to the School District. Supervisor Ruggiero replied that he and Supervisor Pagones agreed to reach out to the School District on this grant application. Mr. Purdy added that most of the programs of other towns are able to work with the School Districts. Any requests from the soccer program to play at Ketcham have been denied. Discussion followed. With no other comments or questions, Supervisor Ruggiero closed the discussion at 8:34 PM. V. Resolutions RESOLUTION: 2007-187 Resolution Introducing Local Law No. of the 2007, Amendments to Mandatory Private Well Testing In the Town of Wappinger WHEREAS, the Town Board previously adopted Local Law 8 of 2007 which required mandatory testing of private wells in the Town of Wappinger that are not otherwise regulated by the New York State Department of Health; and WHEREAS, Local Law 8 of 2007 did not regulate one and two family rental properties that were not occupied by the owner; 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 requiring private well testing of these properties to insure minimum safe water quality standards for its citizens; and WHEREAS, the Town Board has further determined that it is in the best interest of the citizens of the Town of Wappinger to require that landlords provide copies of the well test results to tenants before entering into leases; and Town of Wappinger Page 4 Printed 911412007 Regular Meeting Minutes September 10, 2007 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 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and the Town Board is therefore, by default, Lead Agency for this action. 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 consideration of its adoption proposed Local Law No._ of the Year 2007 AMENDMENTS TO MANDATORY PRIVATE WELL TESTING IN THE TOWN OF WAPPINGER in the form annexed hereto, the Code as adopted and amended from time to time thereafter is to remain in full force and effect is otherwise to be ratified, readopted and confirmed. 3. The Town Board has caused to be prepared a Short Form EAF and has reviewed the proposed action pursuant thereto and hereby determines that the proposed action will not have a significant impact on the environment and hereby makes a Negative Declaration of Significance with respect to the proposed amendments to the Code. 4. The Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law No. of the Year 2007 for 7:30 P.M., on the 9th day of October, 2007, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) days prior to said public hearing. The foregoing was put to a vote which resulted as follows: Vote Record - ResolutionRES-2007-187 Yes/Aye NO/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ _ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 10th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-188 Resolution Authorizing Michelle Robbins to Use the Parking Lot At Carnwath Farms on September 15, 2007 WHEREAS, Michelle Robbins, whom resides at 706 Wheeler Hill Road, has requested permission in a letter dated August 29th, 2007, which is attached hereto, that her family be allowed to use the parking at Carnwath Farms on September 15th, 2007, and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town of Wappinger Town Board hereby authorizes Michelle Robbins' family usage of the parking lot at Carnwath Farms on September 15th, 2007. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2007-188 Yes/Aye NO/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ 13 ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 10th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 9/14/2007 Regular Meeting I Minutes September 10, 2007 RESOLUTION: 2007-189 Resolution Authorizing Return of Unused Escrow for Dutchess Landscape Supply Corporation WHEREAS, on or about March 7th, 2001, Dutchess Landscaping Supply Corporation opened escrow account number 01-3043 with the Town of Wappinger, and WHEREAS, Dutchess Landscaping Supply Corporation has requested a refund in the amount of Eight Thousand Seven Hundred Thirty Two Dollars and 70/100 ($8,732.70), and has been approved by Jean Gallucci, Comptroller, in an audit dated September 6th, 2007. 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 Eight Thousand Seven Hundred Thirty Two Dollars and 70/100 ($8,732.70) made payable to Dutchess Landscaping Supply Corporation, Account Number 01-3043, for the refund of the unused escrow deposited. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-189 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 10th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-190 Resolution Introducing Local Law No. of the Year 2007, Designating a Three -Way Full Stop Intersection At the Intersection of Granger Place and Scott Drive WHEREAS, the Town Board has received a request from a resident to establish a three- way full stop intersection at the intersection of Granger Place and Scott Drive; and WHEREAS, the Town Board has determined, after examination of the circumstances, to establish a three-way full stop intersection at the southerly intersection of Granger Place with Scott Drive; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992. 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 introduces for adoption Local Law No._ of 2007 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (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 9th day of October, 2007, at 7:30 p.m., and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. Town of Wappinger Page 6 Printed 9/14/2007 Regular Meeting Minutes September 10, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-140 ® Adopted Yes/Aye 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 Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ 0 Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 10th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-191 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 July 9th, 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. 12 of the Year 2007 entitled "Local Law No. 12 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 -2007-14 ® Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ru ggiero Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 10th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 9/14/2007 LOCAL LAW NO. 12 OF THE YEAR 2007 A Local Law entitled "Local Law No. 12 of the Year 2007, Creating Chapter 227 of the Town Code, Towing". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section -I: Title This Local Law shall be known and cited as Town of Wappinger Local Law No. 12 of 2007 entitled "Local Law No. 12 of the Year 2007, Creating Chapter 227 of the Town Code, Rotational Tow List". This Local Law No. 12 of the Year 2007 hereby establishes and creates Chapter 227 "TOWING" of the Code of the Town of Wappinger. Section -II: Creation of Chapter 227: "TOWING" Chapter 227 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: "CHAPTER 227 . TOWING § 227-1. LEGISLATIVE INTENT AND PURPOSE. A. The Town Board hereby declares and finds that it is of vital importance to the public traveling on state, county or town highways 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 the potential to further facilitate accidents. The Town Board finds that the towing of disabled vehicles from the highways of the Town of Wappinger is a matter affecting the public interest, safety and well being. B. The Town Board further finds that it has been a practice of some tow truck operators to monitor police radio transmissions to learn of motor vehicle accidents and then to rush to accident sites with the intent of securing the towing and repair work; in so doing, speed limits and other traffic regulations are often violated, posing a greater threat to life and property. Additionally, the arrival of multiple tow trucks at the scene of an accident, further disrupts traffic, hampers the efforts of rescue personnel at the scene and impedes accident investigation by the police. C. The Town Board finds that the most effective way to curb the current practices of towers is to allow only such towing operators as are actually necessary to respond to an accident. To accomplish this purpose, the provisions of this local law will require that only tow truck operators placed on a rotational, list prepared by the police agency responding to the scene of the accident or the disabled vehicle shall be authorized to respond to the scene of the accident or the disabled vehicle. D. Notwithstanding thb foregoing, an owner or operator of a disabled motor vehicle or motor vehicle involved in an accident shall be free to select a tow truck operator of his or her choice. E. The Town Board finds further that in order to discourage tow truck operators from rushing to accident sites, it is necessary to prohibit such operators from soliciting business at the accident scene and to prohibit them from approaching within five hundred feet of the accident. The provisions of this Chapter shall not apply to vehicles having a gross vehicle weight in excess of fifteen thousand pounds. § 227-2. Definitions. For purposes of this subchapter, the following terms shall have the following meanings: A. "Disabled Vehicle" shall mean any vehicle for which towing is necessary because of.a vehicular accident or for which towing is necessary because of the vehicle's inability to proceed under its own motive power due to reasons other than a vehicular accident. B. "Participant" shall mean a Tow Truck Operator that has been placed on a Rotational List prepared by the police agency responding to the scene of a motor vehicle accident or to a disabled vehicle. C. "Person in Charge of a Vehicle" shall mean the operator or owner of a vehicle or any person designated by the owner to contract for the towing or repairing of such vehicle. D. "Police Agency" shall mean either the New York State Police or the Dutchess County Sheriff s Office. E. "Police Officer" shall mean a police officer as defined by New York Criminal Procedure Law § 1.20 (34). F. "Rotational Tow Truck Operator's List" shall mean a list prepared by a police agency of authorized tow truck operators who shall be authorized to respond to disabled vehicles or motor vehicle accidents within the Town of Wappinger. G. "Tow Truck" shall mean a vehicle that is equipped with a crane, winch, tow bar, push plate, or other device designed to pull or push a vehicle or to raise a vehicle or the front or rear end thereof. H. "Tow Truck Notification Operator" shall be the Dutchess County Sheriffs Office Dispatcher, the New York State Police Dispatcher, or such other person or agency that is responsible for the dispatching of tow.trucks to the scene of a disabled vehicle within the Town of Wappinger. 2 I. "Tow Truck Operator" shall mean a person or business entity engaged in the business of towing for hire. J. "Town of Wappinger" shall mean the geographical boundaries of the Town of Wappinger exclusive of the Village of Wappingers Falls. K. "Vehicle" shall mean a vehicle as defined in section one hundred fifty-nine of the Vehicle and Traffic Law and having a maximum gross vehicle weight of less than fifteen thousand pounds. § 227-3. Placement on Rotational Tow Truck Operator's List A. No tow truck operator shall respond to the scene of a disabled vehicle or a motor vehicle accident unless directed to respond to the scene by the dispatcher of the police agency responding to the scene or unless directly requested to respond to the scene by the owner or operator of the disabled vehicle. B. When an owner or operator requests a particular tow truck operator, the owner or operator must so advise the police officer responding to the scene. § 227-4. Soliciting Business; Maintaining Distance from Accident A. It shall be unlawful for any person or any agent, servant or employee of a tow truck operator engaged in a towing or wrecking service to solicit business at the scene of an accident. B. No tow truck or tow truck operator shall come within five hundred (500) feet of the scene of any accident within the Town of Wappinger, unless a specific request for the services of such tow truck or tow truck operator has been requested by the person in charge of the disabled vehicle, the Tow Truck Notification Operator, a police officer or other emergency personnel C. A violation of this section shall be deemed an offense punishable by: 1. a fine as set forth in Chapter 122, Article V, Section 122-20 HH (1) of the Code for a first offense; 2. a fine as set forth in Chapter 122, Article V, Section 122-20 HH (2) of the Code or a period of imprisonment not to exceed 15 days for a second offense 3. a fine as set forth in Chapter 122, Article V, Section 122-20 HH (3) of the Code or a period of imprisonment of not to exceed 15 days for a third and any subsequent offense. 3 § 227-5. Request for Tow Trucks. A. The dispatcher for the police agency responding to the scene or the police officer or other emergency personnel in charge at the scene shall make all requests for wrecking, towing and storage services for disabled vehicles located within the Town of Wappinger. § 227-6. Removal of vehicles involved in an accident. A. Any vehicle which cannot be safely driven under its own power must be removed from the scene of the accident by the tow truck notified pursuant to the provisions of §227-5. The police officer at the scene shall make the determination whether any disabled vehicle may be safely driven under its own power. B. Any tow truck called to the scene of an accident must remove any debris, vehicle parts or other road hazards resulting from the disabled vehicle. Except in the case of a major fuel or fluid spill, the tow truck operator shall place speedy dry, sand or other substance to absorb the fuel or fluid spill. Section -III: Amending "Chapter 122, FEES AND FINES "§ 122-20 is hereby amended by the addition of § 122-20 HH to read as follows:" HH. Chapter 227, Towing. 1. § 227-18 C 1 fine: (a) Minimum: $ 100.00 (b) Maximum: $ 300.00 2. § 227-18 C 2, fine: (a) Minimum: $ 300.00 (b) Maximum: $ 750.00 3. § 227-18 C 3, fine: (a) Minimum: $ 750.00 (b) Maximum: $1,500.00 Section -IV: Numbering for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such 0 �1 intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section -V: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section -VI: Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State as provided bylaw. 5 Regular Meeting Minutes September 10, 2007 RESOLUTION: 2007-192 Resolution Authorizing a Waiver of 30 -Day Hold Rights for Violet Creek Class Change WHEREAS, Violet Creek Restaurant Corporation has previously sent a beer/wine license notice to the Town of Wappinger Town Board: and WHEREAS, Violet Creek is now filing a Class Change Application with the State Liquor Authority to allow for full on premise liquor under the laws of the aforesaid state agency; and WHEREAS, Violet Creek Restaurant Corporation has requested that the Town of Wappinger waive its right to a 30 day hold so their application can be processed faster. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby waives its rights to a 30 day hold on the Violet Creek Restaurant Corporation Class Change Application. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-192 ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman m Adopted ABSENT: Joseph Paoloni Yes/Aye No/Nay Abstain Absent Joseph.Rug&ro Voter El ❑ ❑ ❑ ❑ Adopted as Amended am Beale Voter 0 ❑ ❑ ❑ ❑ ❑ DefeatedWilhVincent Tabled Bettina initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder El ❑ ❑ ❑ Joseph Paoloni Voter ❑ i ❑ ❑ Dated: Wappingers Falls, New York September 10th, 2007 The Resolution is hereby duly declared adopted. VI. Unanimous Consent 1. Motion To: add Resolution 2007-193 to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Joseph Ruggiero, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni RESOLUTION: 2007-193 Resolution Endorsing the 2007 Greenway Conservancy for the Hudson River Valley Annual Grant Program WHEREAS, The Village of Wappingers Falls is applying to the Hudson River Valley Conservancy for a grant under the 2007 Greenway Conservancy for the Hudson River Valley Annual Grant Program for a project entitled The Village of Wappingers Falls Segment Enhancement to be located in the Village of Wappingers Falls; and WHEREAS, The Village of Wappingers Falls' project is to plan enhancements to the Greenway Trail along Market Street (in the Town of Wappinger) and West Main Street (in the Town of Poughkeepsie) in collaboration with the Towns of Poughkeepsie and Wappinger, the Village's partners in the Wappinger Greenway Trail. NOW, THEREFORE BE IT RESOLVED, that the governing board of the Town of Wappinger does approve and endorse the application for a grant under the 2007 Greenway Conservancy for the Hudson River Valley Annual Grant Program, for a project known as The Village of Wappingers Falls Segment Enhancement. This is a joint project among the Village of Wappingers Falls and the Towns of Poughkeepsie and Wappinger. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 8 Printed 9/14/2007 T Regular Meeting Minutes September 10, 2007 Vote Record.'- Resolution RE3=20071931 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman Yes/Aye No/Nay Abstain Absent Q Adopted Joseph Ruggiero Voter Q ❑ ❑ ❑ 11 Adopted as Amended William Beale Initiator Q ❑ ❑ ❑ 11 Defeated 11 Tabled Vincent Bettina seconder Q ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter Q ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ Q Dated: Wappingers Falls, New York September 10th, 2007 The Resolution is hereby duly declared adopted. VII. New Business 1. Councilman Beale New Business Councilman Beale stated that this Community Day was an unprecedented event. He felt that it was a great job on the part of the Recreation Department and thanked them for their hard work. Councilman Beale then commented on a memo that was submitted by Joe Kovalsky, the Town's Emergency Services Coordinator. The Councilman pointed out that the Town's ambulance service is second to none, but there were items that he was concerned with. In the memo, Mr. Kovalsky reports that there were five calls with response times over ten minutes and twelve instances, out of 140 calls, where there were two units out at the same time. He recommends that the Board keep an eye on those issues. He added that there was an emergency situation over the weekend. A call went in to Alamo and was then turned over, incorrectly, to MobileLife. Under the new legislation, the call was immediately turned over to Dutchess 911. 2. Councilman Bettina New Business Councilman Bettina asked if there was any correspondence between Ralph Holt and a resident named Mr. Verlin. Supervisor Ruggiero replied that Mr. Holt spoke to Mr. Verlin. Mr. Holt will have a report for the Town Board soon. Mr. Verlin's recollection of the events in question is not the same as Mr. Holt's. A letter was sent to Mr. Verlin. Councilman Bettina also mentioned that residents are concerned about people walking dogs in the Chelsea area. He asked if the dogs had to stay on the leash. Supervisor Ruggiero replied that they did and that the Town had a Leash Law. Councilman Bettina followed up by asking if the signs specified that the dog owners needed to clean up after the dog. Discussion followed. Councilman Bettina stated that there needs to be something added to the signs if it is not specified already. 3. Councilwoman McCarthy New Business Councilwoman McCarthy had a request from a resident to follow up on an issue with the owner of 6 Rowell Lane. The resident complained that 6 Rowell Lane had debris all over the yard. Supervisor Ruggiero added that he had sent an email out to the Board about this earlier in the summer. Councilwoman McCarthy explained that the owner of 6 Rowell Lane had completed a roof project which resulted in all of the debris. When asked to clean the debris, the owner rearranged the debris instead. VIII. Adjournment 1. Motion To: adjourn at 8:47 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni The Meeting Adjourned at 8:47 PM. a- (-IAL�, 1rn C. Ma terson Town Clerk Town of Wappinger Page 9 Printed 9/14/2007