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A Special Meeting of the Town Board of the Town of Wappinger was held on
June 19, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York. The purpose of the Special Meeting is to award a contract for Tick
Spraying for the Town Parks, informational meeting to discuss Tall Trees
and Montclair Water Improvement Area and to discuss Cranberry
Subdivision. SUPERVISOR RUGGIERO opened the meeting at 7:40 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman (arrived 8:55 p.m.)
Christopher Colsey, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Mike Tremper, CAMO Pollution
David Stolman, Town Planner
Absent:
Joseph,Paoloni, Councilman
RESOLUTION NO. 2002-199
v� �c) �l.....
RESOLUTION AWARDING CONTRACT FOR TICK CONTROL
SPRAYING
The following Resolution was introduced by Councilman Valdati and
seconded by Councilman Colsey.
WHEREAS, the Recreation Committee recommends the spraying of the Town
of Wappinger Recreation Areas for the control of ticks; and
WHEREAS, the Recreation Committee has received bids for tick control
spraying at Castle Point Recreation Area, Rockingham Park, Robinson Lane
Park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation
Area and Spook Hill Recreation Area; and
WHEREAS, Ralph J. Holt, Chairman of the Town of Wappinger Recreation
Committee, has provided an award recommendation to the Town Board.
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 Contract for tick control spraying in June 2002 at Castle Point
Recreation Area, Rockingham Park, Robinson Lane park, Airport Park,
Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook
Hill Recreation Area is hereby awarded to Waverly Pest Control doing
business at P.O. Box 1231, Wappingers Falls, NY 12590, for the price of
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Four Thousand, Four Hundred and Ninety Five Dollars ($4,495.00), from
Recreation Account No. A-7110.4, in accordance with the award
recommendation letter dated June 5, 2002 from Ralph J. Holt, Chairman
of the Town of Wappinger Recreation Committee, to Supervisor Joseph
Ruggiero.
3. The Contract for tick control spraying in late July/early August 2002 at
Castle Point Recreation Area, Rockingham Park, Robinson Lane park,
Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area
and Spook Hill Recreation Area is hereby awarded to Waverly Pest
Control doing business at P.O. Box 1231, Wappingers Falls, NY 12590, for
the price of Four Thousand, Four Hundred and Ninety Five Dollars
($4,495.00), from Recreation Account No. A-7110.4, in accordance with the
award recommendation letter dated June 5, 2002 from Ralph J. Holt,
Chairman of the Town of Wappinger Recreation Committee, to Supervisor
Joseph Ruggiero.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Voting
Aye
Robert Valdati, Councilman
Voting
Aye
Vincent Bettina, Councilman
Voting
Absent
Joseph Paoloni, Councilman
Voting
Absent
Christopher Colsey
Voting
Aye
The Resolution is hereby duly declared
adopted.
• Tall Trees & Montclair Water Improvement Area. SUPERVISOR
RUGGIERO explained that when he first came into office in January it
came to his attention that there was a severe water problem facing the
residents of Montclair Condominiums. He was given a leaflet that was
distributed to the residents and was made aware that water had been
trucked into Montclair since late fall. He was told this situation had been
going on for several months. For several years wells along the Route 9
corridor have been experiencing problems in keeping up with the well
production that they traditionally had, as we are seeing in the Chelsea
Ridge Apartments, Montclair, Fleetwood, and Tall Trees area. We are
now looking into possible solutions. The Town Board has authorized the
Engineer to the Town to provide a Desk Top Study in order to bring water
to that region for the Montclair and Tall Trees area, because they seemed
to be under the most duress at the time of our study. This is in the early
stages of planning and is step one in a series of fifteen or twenty steps in
order to implement such a plan. It must first go to Albany and be
approved by the State Comptroller and then to Audit and Control to see if
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it is a viable plan. The district would have to be approved and then we
would have to go out to bond. We are some twenty to thirty months away
from this being a reality if we decide to go forward. Supervisor Ruggiero
had received numerous calls since January regarding the water problem
in the Montclair area. Due to a severe drought in early winter and up
until recently, he has had staff meetings once a week with the town
professionals to get an update on the status of each of the Towns water
districts. We have eight districts in the Town, and of the eight districts,
it was reported that the well production in the Tall Trees District was
marginal and there was concern if production keeps declining we may
have to truck water to Tall Trees. He has been issuing an Executive
Order declaring a water emergency in that district. It is the only
municipal district that is under a mandate to ban outside water use. At
this time, Jay Paggi, Engineer to the Town gave a presentation on the
proposed extension of the Joint City/Town of Poughkeepsie Water System
that would serve the Tall Trees Water District area of 82 users and allow
the connection of 296 users in Montclair. Mr. Paggi explained that a
drought condition had existed over the last several years, and was due to
the amount of water available in the geographic area of the western
portion of Wappinger. The aquifer can only hold so much water. We
know historically, in this area that there have been problems with
municipal water supplies that have bed rock wells. Mr. Paggi explained
the proposed improvements would consist of 8" diameter ductile iron pipe
from the Town of Poughkeepsie to the existing Tall Trees System (2,500
LF); a subsurface stream crossing of the Wappinger Creek; a booster
pump station; 8" diameter ductile iron pipe from the Tall Trees tank site
to the proposed Montclair tank site (500 LF); a 200,000 gallon elevated
storage tank; 82 individual meters; one master meterpit for Montclair;
and 60 individual pressure reducing valves. The total capital cost to
construct the proposed improvements are estimated to be $1,975,000. It is
estimated that the Tall Trees Water District would comprise a total of 378
benefit units. He explained that this was the most environmentally sound
route for providing a long term water supply to Tall Trees and Montclair
area. Mr. Paggi went over the cost to each homeowner for the proposed
water connection. According to the most recent data available, the
projected District benefit units are as follows:
• Existing Tall Trees District
82 Single Family Residential Units x 1.0 B.0 ........................82.0 B.U.
• Montclair Townhouses
296 Condominium Apartment or Multi -Family Dwelling x 1.0 B.U. 296.
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TOTAL PROJECTED BENEFIT UNITS ===378.0 B.U.
Mr. Paggi also explained that the operation and maintenance charge is
proposed to be paid for on an as use basis. If you are a single individual or a
retired couple and you use less water than a household with 3-4 children, you
would pay for what you actually used. Montclair would have its own Master
Meter. One of the residents of Montclair wished to know about the
production of the new well. Mr. Paggi explained that he was informed that
the well was nearing completion and they ran a well drillers test off the back
end of the truck. They were awaiting a final flow confirmation test from that
well. Many of the residents of Montclair wished to know why they were here
tonight. Supervisor Ruggiero explained that this is just a planning stage. He
wished to get the information out as to what we are looking to do and
whether there are viable solutions and alternatives. Rhonda Brown of 20F
Alpine Drive wished to know if in fact the Montclair wells are producing, will
they be mandated to connect to the system. Supervisor Ruggiero answered
that we must look at the information in front of us. If we get indications that
this is solvable we will reconsider our position. Right now we are taking a
study of the area. We built a second well in Fleetwood to solve the problem
and within a year it failed. Your new well may fail in a year, and then we
may be back here again. Jeff Morgan of 10 Alpine wished to know if this was
just a bail out for Tall Trees because they can't afford to go into it alone?
Supervisor Ruggiero explained that there was a depletion in the rock aquifer
in the well system. We were coming out of a drought, yet Tall Trees was still
experiencing a production capacity problem When we were studying this,
Montclair was still trucking water. Many of the residents felt the shortage
was due to the recent drought and the reason they wanted Montclair to hook
into the water system was to benefit Tall Trees. Mr. Paggi explained that
studies have shown that water production in the bedrock wells in and around
Montclair and Tall Trees have been declining for several years. A resident of
36 Alpine wished to know why they were not given an option before being
charged double their common charges due to the water situation. Supervisor
Ruggiero explained that this question would have to be directed to your
board, the town has nothing to do with the common charges. Richard Kane,
the operator of the Montclair Water System said that at the time they were
trucking water, they were looking into solutions and were not aware the town
was looking into solving this solution. Mr. Paggi also explained that if given
the authorization today it would take at least 2 years to get the system up
and running. Mrs. Khorosh of 19 H Alpine said they were told that the
project was mandatory because the Montclair Board of Directors has an
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interest to participate in this. Supervisor Ruggiero explained that when he
sat down with the Montclair Board of Directors they said it would need to go
before the residents for a vote. Supervisor Ruggiero told the Board that the
Town government has the power to create these districts, but we do not wish
to force this project if the tenants do not want it. At the time we were doing
this, it was not known what the well tests would reveal. If the test came back
a failure, wouldn't you want the town to put in a system in. The only thing
we are doing tonight is to educate you and getting input. This is a very
critical issue and we are handling this the best way we can. Mrs. Khorosh
also wished to know where the water tank would be installed. Mr. Paggi
informed her that it has been determined that there are three possible
locations on the Montclair property and one on the Tall Trees property that
would suffice for the location of this tank. The tank would hold 200,000
gallons of water which is two days usage for both these systems and would be
25 feet in diameter and approximately 60 feet in height. The height is
determined by the elevation of the highest unit in Montclair, which is unit 15.
Vicki Starr of 24 E was not happy about the tanks. Mrs. Mohamed of 32 A
felt that the tank would be to costly. Mr. Morgan of 10 A wished to know how
the residents are going to be compensated for the property that he tank will
be on not to mention the eyesore. Supervisor Ruggiero explained that is
something that will have to be worked out between the Montclair Association
and the town.
One of the residents was concerned if they were hooked up to Town of
Poughkeepsie water they would be exposed to PCB. Mr. Paggi answered that
he questioned the health department on the quality of the city water, and it
was reported to him that there has never been any detection of PCB in the
finished water from the Town or City of Poughkeepsie water plant. Paul
Chapman of 30D Alpine wished to know when the last drought occurred.
Mr. Paggi explained that the summer of 1998 was the lowest flow ever
recorded in the Wappinger Creek that he knows. The drought of 1999-2000
continued, we didn't have much snow, and the snow melting effects the water
supply. Since April of this year it has been very wet. It is cyclical. The
water in the aquifer is fine, but we have been drawing it out faster than its
replenished. These are the trends we are seeing. Mr. Reisman, Attorney
representing the Board of Managers for the Montclair Condominiums
informed the residents that the Board received a call in March or April about
the possibility of expansion of this district. The roll of the Board of Managers
is to do things which are in the best interest of the complex. Given the recent
problems, if officials from the Town of Wappinger wish to talk to us, the
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Board has an obligation to listen to what the town has to say. He attended a
meeting where this plan was introduced and the position of the board is it
wants to listen. If the unit owners elect to participate voluntarily ilote at
some point in the future.
• Next is an update from Peter Cherneff, Attorney for the Cranberry
Subdivision. The Town Code has an unusual provision in it. It talks
about benefits of cluster zoning The conservation subdivision which is
section 219.19B of the town law says that at the written request of the
applicant to the town board the planning board may be authorized to
modify the zoning regulations to permit a cluster zone. He was here
tonight to bring the board up to date as to where they are. The Planning
Board has approved the lot count of 232 based on a conventional layout.
The Planning Board recently granted a negative declaration regarding
SEQRA. The Planning Board also requested Cranberry to show a cluster
plan for certain parts of the subdivision proposal, which they have
responded to. The board saw all the details of the application in March,
and we are now at the point where the Planning Board needs authority
from the Town Board to proceed. At this time, Al Roberts requested Mr.
Cherneff to explain the lot size and how the individual lot size will work in
context with open spaces. John Kellard of Kellard Engineering explained
that 40% of the lots have a minimum width of 80 feet and 30% with a
width of 100 ft. Mr. Cherneff explained that many of the lots are
oversized to take in wet lands, wet lands buffer areas, or conservation
areas. Supervisor Ruggiero said his only concern was doing assessments
with the benefit unit calculations when we do sewer. Anything over two
acres incurs additional benefit units, and we have had residents in the
past who have had 8-9 acres and some of them are wet lands. One of the
issues Mr. Roberts wished to clarify was a topic of going out to Myers
Corners Road. The planning board voted against it, but several of the
Board members indicated a preference to go that route. The other issue
was the $1.2 million contribution toward the water pipe originally offered
two years ago. Mr. Cherneff answered that the Supervisor asked about
contributing toward the water, and he answered that this issue was no
longer on the table. As far as the Myers Corners Road connection, it has
been debated in the planning board and voted down twice. However, from
the applicants point of view they are willing to do that, even though it is
not shown on the map, because they own the property. The Planning
Board stated, in the absence of connecting to Myers Corners Road, that
there were improvements that could be made to the Widmer Road
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intersection, which the developer has agreed to do. Its one or the other,
but not both. Mr. Cherneff explained that the offer to contribute to the
water was very early on in the process at a time when they were not
certain there was going to be water provided to this subdivision. At the
time, in order to expedite the application, they had offered to build the
infrastructure that was necessary to serve this site and a value was
placed on it, but there was never an offer of funds to be paid to the town.
Mr. Paggi wished to know if the developer is going to plan a scheme to go
before the planning board. Mr. Cherneff replied, yes. Supervisor
Ruggiero also wished to know the advantage of clustering. Mr. Cherneff
explained when you have a design that saves space, that varies the
layouts, it has been determined to be advantageous. In addition it gives
the developer the opportunity to sell a variety of different houses and
appeal to a broader market. The issue of sidewalks and curbs was also
addressed. Mr. Paggi informed the board that there will be nineteen
thousand linear feet of sidewalks. David Stolman of Frederick Clark
commented that one of the benefits of cluster housing versus conventional
subdivision is that we would not be approving architectural plans or
renderings if this were a conventional subdivision. There is more control
over cluster than conventional subdivision. Councilman Valdati wished
to know the minimum price of the homes and. the maximum price. Mr.
Cherneff answered, he had no idea, but if he had to guess, the developer is
in no position to build low income housing. At this time Supervisor
Ruggiero requested Mr. Roberts to explain the Local Law process involved
with clustering. Mr. Roberts explained the law identifies three types of
cluster subdivisions. This comes under a conservation subdivision. It has
to come back to the town board for enabling legislation to permit the
planning board to approve a cluster. This must be done by local law or
ordinance. Because ordinances are a more cumbersome process we do
everything by local law. You must identify the topics you want addressed
in the local law authorizing the cluster. It would have to be on ten days
notice, have the public hearing and then you decide whether or not you
wish to adopt it. It then gets filed with the secretary of state and the
process is completed. It then goes to the planning board and they act
accordingly. The planning board then issues preliminary approval. Mr.
Cherneff felt it was unusual that specific authorization has to be given.
At this time 10:10 p.m. Councilman Bettina moved to into executive session
to confer with attorney, seconded by Councilman Colsey and unanimously
carried.
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The meeting reconvened at 10:40 p.m. with all board members in attendance.
Councilman Valdati moved to authorize Attorney to the Town prepare a
cluster subdivision local law for Cranberry Hills, LLC to include the
following:
1. An architects review for Town Board by phases.
2. Construction of road to Myers Corners Road on Phase II.
3. Establish sidewalk, lighting and drainage districts.
4. Landscaping plan by phases.
5. Home Owners Association documents and deed restrictions.
6. Separate lighting plan for streets.
7. Trail system through conservation area to be approved.
Seconded by Councilman Bettina
Motion Unanimously Carried
There was no other business to come before the board.
Councilman Valdati moved to close the Special meeting seconded by
Councilman Bettina and unanimously carried.
The meeting adjourned at 10:48 p.m.
Gloria J. Morse
Town Clerk
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