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2005-10-24 RGMTOWN OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to Flag SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-2744 FAX: (845) 297-4558 Monday, October 24, 2005 7:30pm Wappinger Town Hall AMENDED AGENDA Suspension of Rules for Public Comment on Agenda Items Discussions Emergency Services Update — Joe Kovalsky ATV Damage at Reese Park — Joe Ennesser Flusher Truck and Vactor-Graham Foster TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Resolutions: 2005-139 Resolution Authorizing Bond Calculations for Meadowood Parcel 1 2005-140 Resolution Authorizing Escrow Refund for 1591 Route 9D 2005-141 Resolution Authorizing Escrow Refund for 57 Ketchamtown Road 2005-142 Resolution Authorizing Escrow Refund for 57 Ketchamtown Road 2005-143 Resolution Authorizing Purchase of Fence For Reese Park 2005-144 Resolution Accepting Performance Agreement Secured by Letter of Credit Unanimous Consent 2005-145 Resolution Authorizing Bid for Highway Equipment New Business/Comments Executive Session • Personnel Matter -Recreation • Absolute Property v. Town of Wappinger Adjournment 10/24/2005.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on October 24, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:40 pm. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman John C. Masterson, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Absent: Joseph Paoloni, Councilman SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Valdati moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Bettina and unanimously carried. DISCUSSIONS: • Emergency Services Update --Joe Kovalsky Emergency Service Coordinator for the Town of Wappinger gave a report on response times for TransCare. From September 2004 to September 2005 TransCare responded to 1909 calls and only went above 10 minutes for 45 of those calls. Out of those 45 calls weather conditions and new employees were a factor in response times. When TransCare took over the contract in 2004, their average response time to arrive on the scene in the Town of Wappinger was 6 minutes 21 seconds. In September of 2005 their average response time to arrive on the scene was 4 minutes 56 seconds. As the EMS workers got familiar with the area and settled in with the contract the response time steadily dropped. They have also provided monthly Blood Pressure screening for the Seniors as well as covering Pop Warner games. TransCare provided an ambulance for Family Fun Day, the Senior Picnic and CPR training for Town Recreation Employees. Extra ambulances are also provided during snow storms. Mr. Kovalsky also informed the Board that he has never received one complaint from a town resident in regard to service provided by TransCare. • ATV Damage at Reese Park—Joe Ennesser announced that you have before you a request from Recreation, with estimates, to extend the fencing at Reese Park. We wish to set up a deterrent for ATVs and 1 10/24/2005.RGM motorized mountain bikes and hope this will be a signal to the adjacent property owners that we are serious about eliminating park destruction. Mr. Ennesser also presented photos taken on sight that illustrated the property damage inflicted by the motorized vehicles. • Flusher Truck and Vactor—Graham Foster, Highway Superintendent went over his memo sent to the Town Board in regard to replacing the tank on the Flusher Truck and for repair of the Vactor. Attached with the requests were quotes for both vehicles. He would like to amend tonight's Resolution No. 145 to include going out to bid for replacement of the tank on the Flusher Truck and repairing the Vactor at a cost of $8,500. RESOLUTION NO. 2005-139 RESOLUTION AUTHORIZING REDUCTION IN SECURITY FOR MEADOWOOD SUBDIVISION, PARCEL I, SECTION 1 The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, in connection with the Meadowood Subdivision, Parcel 1, Section 1, Meadowood Development Corp. by Steve Domber, its President originally executed and posted a Performance Agreement secured by a Letter of Credit; and WHEREAS, in connection with the Meadowood Subdivision, Parcel 1, Section 1, the Performance Agreement was secured by a Letter of Credit (No. SB 906391-2000) issued by Manufacturers and Traders Trust Company in favor of the Town of Wappinger in the sum of Nine Hundred Eight Thousand Two Hundred Dollars ($908,200) posted by the O'Donnell Group, LLC, the owners of the subdivision; and WHEREAS, the O'Donnell Group, LLC has requested a reduction in the security posted pursuant to the aforementioned Performance Agreement in light of the construction, work performed, inspected, completed and approved as of this September 7, 2005; and WHEREAS, Engineer to the Town, Paggi, Martin & Del Bene, by Peter J. Paggi has recommended, by letter dated September 7, 2005, that a reduction in security to the sum of One Hundred Seventy -Five Thousand Two Hundred Dollars ($175,200.00) is warranted because of the substantial amount of construction and work performed, completed, inspected and approved. A copy of Mr. Paggi's letter is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. FA F, 10/24/2005.RGM 2. The Town Board hereby authorizes a reduction in the posted security to One Hundred Seventy -Five Thousand Two Hundred Dollars ($175,200.00) which is to be reflected in a new Letter of Credit issued on behalf of the O'Donnell Group LLC in favor of the Town of Wappinger pursuant to a new Performance Agreement to be executed by the O'Donnell Group, LLC. 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Absent The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-140 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR SEEDING AT 1591 ROUTE 9D 3 The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, on or about April 1, 2005 William Verlin Deposited Two Thousand and 00/100 ($2,000.00) with the Town of Wappinger for seeding for 1591 Route 9D, and WHEREAS, William Verlin has requested a refund in the amount of Two Thousand and 00/100 ($2,000.00) and has been recommended by George Kolb, Director of Code Enforcement to the Town of Wappinger, in his letter dated September 28, 2005 to the Town Board Members. 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 Two Thousand Dollars and 00/100 ($2,000.00) made payable to William Verlin, Account Number 04-950, for the refund of the unused escrow funds deposited for the property located at 1591 Route 9D. 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Absent The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-141 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR PAVING OF DRIVEWAY AT 57 KETCHAMTOWN ROAD 3 1012412005.RGM The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, on or about February 16, 2005, Chick Raspler deposited Four Thousand Five Hundred and 00/100 ($4,500.00) with the Town of Wappinger for paving a driveway for 57 Ketchamtown Road, and WHEREAS, Chick Raspler has requested a refund in the amount of Three Thousand and 00/100 ($3,000.00) and has been recommended by George Kolb, Director of Code Enforcement to the Town of Wappinger, in his letter dated August 24, 2005 to the Town Board Members. 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 Three Thousand Dollars and 00/100 ($3,000.00) made payable to Chick Raspler, Account Number 2004-0614, for the refund of the unused escrow funds deposited for the property located at 57 Ketchamtown Road. 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Absent The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-142 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR SEEDING AT 57 KETCHAMTOWN ROAD The following Resolution was offered by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, on or about February 16, 2005 Chris Raspler deposited Four Thousand Five Hundred and 00/100 ($4,500.00) with the Town of Wappinger for seeding for 57 Ketchamtown Road and 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 Chick Raspler, Account Number 04-614, for the refund of the unused escrow funds deposited for the property located at 57 Ketchamtown Road. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman 4 Voting Aye Voting Aye Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman The Resolution is hereby duly declared adopted. 10/24/2005.RGM Voting Aye Voting Aye Voting Absent RESOLUTION NO. 2005-143 RESOLUTION AUTHORIZING PURCHASE OF FENCE FOR REESE PARK RESOLUTION ACCEPTING A PERFORMANCE AGREEMENT SECURED BY LETTER OF CREDIT FOR MEADOWOOD SUBDIVISION PARCEL 1, SECTION 1 The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, in connection with the Meadowood Subdivision, Parcel 1, Section 1, Meadowood Development Corp. by Steve Domber, its President originally executed and posted a Performance Agreement secured by a letter of Credit; and 5 The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, Recreation Commission Member Joseph Ennesser has received bids from the following companies for erecting fence at Reese Park: Mid Hudson Fence $4,300.00 A-1 Fence Co. $3,489.00 DiPiet Fence Co. $6,250.00 WHEREAS, the Recreation Committee has requested a purchase order in the amount of Three -Thousand Four Hundred Eighty Nine and 00/100 ($3,489.00) to A-1 Fence Company. 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 Three -Thousand Four Hundred ($3,489.00) A-1 Fence and Eighty Nine Dollars made payable to Company from Accounts A-7110.4-403 and A-7110.4-427 in accordance with the letter dated September 25, 2005 from Joseph Ennesser a member of the Recreation Commission. 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Absent The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-144 RESOLUTION ACCEPTING A PERFORMANCE AGREEMENT SECURED BY LETTER OF CREDIT FOR MEADOWOOD SUBDIVISION PARCEL 1, SECTION 1 The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, in connection with the Meadowood Subdivision, Parcel 1, Section 1, Meadowood Development Corp. by Steve Domber, its President originally executed and posted a Performance Agreement secured by a letter of Credit; and 5 10/24/2005.RGM WHEREAS, in connection with the Meadowood Subdivision, Parcel 1, Section Voting 1, the Performance Agreement was secured by a Letter of Credit (No. SB Robert Valdati, Councilman 906391-2000) issued by Manufactures and Traders Trust Company in favor of Aye the Town of Wappinger in the sum of Nine Hundred Eight Thousand Two Voting Hundred Dollars ($908,200.00) posted by the O'Donnell Group, LLC, the Maureen McCarthy, Councilwoman owners of the subdivision; and Aye WHEREAS, the O'Donnell Group, LLC has been substituted as developer Voting and is in place and instead of Meadowood Development Corp., and in The Resolution is hereby duly declared adopted. accordance therewith O'Donnell Group, LLC has tendered to the Town of Wappinger a Performance Agreement Secured by a Letter of Credit in the principal amount of Nine Hundred Eight Thousand Two Hundred Dollars Councilwoman McCarthy moved to place Resolution 2005-145-A as amended, ($908,200.00); carried. 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 Performance Agreement executed by O'Donnell Group, LLC in favor of the Town of Wappinger is accepted as the guarantee of completion of construction, installation and dedication of the improvements required by the Resolution of Subdivision Approval pursuant to Town Law Section 277. 3. The Irrevocable Letter of Credit issued by Manufacturers and Traders Trust Company bearing No. SB 906391-2000 issued in favor of the Town of Wappinger dated October 6, 2004 and extended through October 5, 2006 is hereby accepted as security for the Performance Agreement and for the original Performance Agreement and the original Letter of Credit and have been placed on file with the Town Clerk. 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Absent The Resolution is hereby duly declared adopted. UNANIMOUS CONSENT Councilwoman McCarthy moved to place Resolution 2005-145-A as amended, on tonight's agenda, seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2005-145 A RESOLUTION AUTHORIZING HIGHWAY SUPERINDENDENT TO GO OUT TO BID FOR HIGHWAY EQUIPMENT n 10/24/2005.RGM The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has requested in his letter dated October 4, 2005 a copy of which is attached hereto, to go out to bid for two sanders for Highway Trucks number four and number fourteen, and a flusher truck, and NOW, THEREFORE, BE IT RESOLVED, Highway Superintendent Graham Foster has been authorized to go out to bid for two sanders and a flusher truck. 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Absent The Resolution is hereby duly declared adopted. NEW BUSINESS/COMMENTS Councilman Valdati wished to know the status of the heavy duty equipment coming in and out of Old Hopewell Road. Special Counsel, Marco Caviglia replied that that an administrative search warrant has been executed. This has been scheduled to be heard in court in November. Councilman Valdati also noticed that there are passing zones on Old Hopewell Road and feels they are unsafe and we should memorialize a resolution to the county to have these passing zones removed. Also Route 9D by the Greenhouse. Graham Foster Highway Superintendent said he would contact Greg Bentley to look into this. Mr. Foster said the passing zone by the greenhouse near Montclair and the passing zone on Ketchamtown Road need to be addressed also. Councilman Valdati would like our Town Patrol to enforce the speeding on Losee Road. Residents are complaining that cars are speeding, especially between the hours of 3 to 4 in the afternoon and 6 to7 in the evening. Also, a resident on 9 D wished to know if DOT had any plans to widen the road. Supervisor Ruggiero replied, they did not. Councilman Bettina wished to get a report on the incident that occurred at the Group home on Osborne Hill Road. Supervisor Ruggiero replied that he has requested a report from the police department and when it arrives he will give him a copy. Councilman Bettina would also like to meet with the County and the Town Engineer in regard to the Water situation at Chelsea Ridge. Councilman Bettina also wished to have the Mike Murphy of the County notified in regard to the speeding on the straight -a -way near Stewarts on 7 10/24/2005.RGM Route 9D. Councilman Bettina also requested Supervisor Ruggiero to provide him with a Police Report on any crimes occurring at Chelsea Ridge Apartments. At this time, 8:25 p.m. Councilman Valdati moved to go into Executive Session to discuss a Personnel Matter and an update on Litigation, seconded by Councilwoman McCarthy and unanimously carried The meeting reconvened at 9:59 p.m. with all board members in attendance except Councilman Paoloni. The following resolution was adopted at the Executive Session RESOLUTION NO. 2005-146 RESOLUTION AUTHORIZING LEAVE FOR ORDINARY DISABILITY The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Stephen Tompkins is employed as a Maintenance Mechanic with the Town of Wappinger Recreation Department; and WHEREAS, Stephen Tompkins has been absent from work since July 18, 2005, due to a non -work related illness; and WHEREAS, Stephen Tompkins has been found unable to return to work to perform the essential duties of his position at the present time pursuant to a medical evaluation performed September 9, 2005. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations set forth above are incorporated into this Resolution as if fully set forth and adopted herein. Pursuant to the authority in 72 of the Civil Service Law, Stephen Tompkins is hereby placed on leave of absence retroactive to July 18, 2005. Supervisor Joseph Ruggiero is directed to provide Stephen Tompkins written notice of this Resolution and the reasons why he has been placed on a leave of absence. 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Absent The Resolution is hereby duly declared adopted. Councilwoman McCarthy moved to close the meeting seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 9:59 p.m. John C. Masterson Town Clerk