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2005-04-11 RGMMonday April 11, 2005 7:30 pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public comment on Agenda Items Resolutions: 2005-048 Resolution Awarding Bids for Highway for Various Equipment 2005-049 Resolution Authorizing the Termination of Easement Rights between Oak Street Properties, LLC and the Town of Wappinger 2005-050 Resolution Authorizing Budget Transfer Unanimous Consent: 2005-051 Resolution Authorizing the Appointment of Records Access Officer and FOIL Appeals Hearing Officer Discussions: • Joint Meeting with the Town of Fishkill Regarding Cooperative Assessing New Business/Comments Adjournment 04/11/2005.WS The Workshop Meeting of the Town of Wappinger was held on April 11, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent Joan Pagones, Supervisor Town of Fishkill Steve Ferguson, Deputy Supervisor Town of Fishkill Paula Sarvis, Assessor, Town of Fishkill Ron Leenig, Councilman, Town of Fishkill Ron Blass, Attorney, Town of Fishkill Heather Malvarosa, Councilwoman, Town of Fishkill Harry Girdlestone , Office of Real Property Tax Services RESOLUTION NO. 048 RESOLUTION AWARDING BIDS FOR HIGHWAY VARIOUS EQUIPMENT The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, has solicited bids for the supply of various Highway Department materials; and WHEREAS, bids were received and reviewed by the Town of Wappinger Highway Superintendent, Graham Foster; and WHEREAS, Town of Wappinger Highway Superintendent, Graham Foster, has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the bid for Unleaded Gasoline Plus 89 Octane RFG be awarded to Bottini Fuel in the amount of +.15, * and BE IT FURTHER RESOLVED, that the bid for fuel oil #2 and diesel fuel be awarded to Bottini Fuel in the amount +.0745* per gallon, and *(Prices above are based on and will fluctuate with the Journal of Commerce New York Harbor Reseller Tank Car Average posted on the day of delivery). BE IT FURTHER RESOLVED, that the bid for Run of Bank Gravel be awarded to Clove Excavators; and BE IT FURTHER RESOLVED, that the bid for Washed Gravel be awarded to: 1/4" —Clove Excavators, 3/8", 1/2", 5/8", 3/" 1 1/2" to Route 82 Sand & Gravel; and 1 04/11/2005.WS BE IT FURTHER RESOLVED that the bid for Snow/Ice aggregates be awarded to Route 82 Sand & Gravel; and BE IT FURTHER RESOLVED, that the bid for Tailings be awarded to West Hook; and BE IT FURTHER RESOLVED, that the bid for Crushed Stone be awarded to: 1/4", 3/8", 3/4", 1 1/2" Clove Excavators; and BE IT FURTHER RESOLVED, that the bid for Crushed Stone be awarded to: 1/2", 5/8", & 2 1/2" Tilcon; and BE IT FURTHER RESOLVED, continue to purchase our blacktop from the New York State Office of General Services Bid; and BE IT FURTHER RESOLVED, continue to purchase our pipe from the New York State Office of General Services Bid; and BE IT FURTHER RESOLVED, that the bid for Bulk Clean -Up Recycling be awarded to Royal Carting; and BE IT FURTHER RESOLVED, that the Contract for supply of catch basins to the Highway Department is hereby awarded as follows: Size Cost Awarded Business 24x24x24 265.00 Chemung Supply 24x24x26 NO BID Chemung Supply 30x48x24 375.00 Chemung Supply 30x48x30 375.00 Chemung Supply 30x24x24 265.00 Chemung Supply BE IT FURTHER RESOLVED, that the Contract for supply of manhole lids, water risers, grates and frames, manhole risers to the Highway Department is hereby awarded as follows: Man Hole Lids 2x24 NO BID Chemung Supply 2x25 NO BID Chemung Supply 2x26 NO BID Chemung Supply Water Risers 6x1 NO BID Chemung Supply 6x2 NO BID Chemung Supply 6x3 NO BID Chemung Supply 7-1/2x1 NO BID Chemung Supply 7-1/2x2 NO BID Chemung Supply 7-1/2x3 NO BID Chemung Supply Grates/Frames 24x24 215.00 Chemung Supply 30x48 455.00 Chemung Supply 30x33 294.00 Chemung Supply Manhole Risers E 2x24 2 1/2 x 25 3/8 2x25-3/4 Catch Basin Risers 1/2" A 36 MAT'L UP TO 550 SQ. IN. 551-625 SQ. IN. 626-730 SQ. IN. 731-1133 SQ. IN. OVER 1134 2Q. IN. 04/11/2005.WS 89.00 Chemung Supply 89.00 Chemung Supply 89.00 Chemung Supply 115.00 Chemung Supply 115.00 Chemung Supply 121.00 Chemung Supply 134.00 Chemung Supply 161.00 Chemung Supply The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Robert Valdati, Councilman Voting Vincent Bettina, Councilman Voting Maureen McCarthy, Councilwoman Voting Joseph Paoloni, Councilman Voting The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-049 Aye Aye Aye Aye Aye RESOLUTION AUTHORIZING THE TERMINATION OF EASEMENT RIGHTS BETWEEN OAK STREET PROPERTIES, LLC AND THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, by Grant of Easement for Water Pipe Line and Main dated September 17, 1991, the Wappinger Park Water District obtained an Easement from Bertha Sofair through certain premises located on Route 9 in the Town for the purposes of installing a Water Pipe Line and Main to be used in connection with the Wappinger Park Water District well distribution system; and WHEREAS, the property formerly owned by Bertha Sofair (hereinafter referred to as "SOFAIR") is now owned by Oak Street Properties, LLC (hereinafter referred to as "OAK STREET"); and WHEREAS, the Easement granted by SOFAIR was utilized to connect a well located on property known as Hark Plaza with the system providing water to Wappinger Park Water District; and WHEREAS, the Wappinger Park Water District has connected to the Town owned water system known as Wappinger Water Improvement Area 1999- 2(R) and the Wappinger Park Water District intends to abandon the well located on Hark Plaza III; and WHEREAS, the Wappinger Park Water District is no longer in need of the aforesaid Water Pipe Line and Main Easement and wishes to abandon the Easement to the current property owner, OAK STREET; and 3 04/11/2005.WS WHEREAS, OAK STREET has entered into a Contract with North American Home Equities, Inc. (hereinafter referred to as "NORTH AMERICAN") to sell the property subject to Site Plan Approval; and WHEREAS, OAK STREET, and/or NORTH AMERICAN or their assigns, will undertake all work necessary to abandon and/or remove the water pipe lines within the Easement Area at no cost to the Wappinger Park Water District; and WHEREAS, the Town of Wappinger Planning Board has granted Site Plan Approval for this parcel and NORTH AMERICAN has agreed to improve the parcel in accordance with the conditions set forth in the Resolution of Site Plan Approval, as well as any recommendations made by the Engineer to the Town, Joseph E. Paggi, Jr., P.E.; and WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E., has identified several items to be addressed by NORTH AMERICAN in connection with the discontinuance of the Water Pipe Line and Main Easement, as set forth in his letter of March 28, 2005; and WHEREAS, as a condition of granting the Termination of Easement, OAK STREET and/or NORTH AMERICAN or their assigns will be required to install, test and certify to the Dutchess County Department of Health the new Route 9 water main and service for the Hark Plaza III building prior to the abandonment of the existing water service off of Cayuga Drive and coordinate with CAMO Pollution Control the deactivation of the well line and water service off Cayuga Drive and the connection of the new Hark Plaza III service; and WHEREAS, the Town Board determines that the enactment of this Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 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, on behalf of the Wappinger Park Water District, hereby determines that the Wappinger Park Water District is no longer in need of the Easement located on properties presently owned by OAK STREET and hereby elects to abandon and terminate all of its right, title and interest in and to an Easement granted September 17, 1991 by 19 04/11/2005.WS SOFAIR in favor of the Wappinger Park Water District which Easement was recorded in the Dutchess County Clerk's Office in Liber 1902 at Page 289. 3. As a condition to the abandonment and termination of its rights set forth in the Easement granted September 17, 1991 by SOFAIR, OAK STREET and/or NORTH AMERICAN or their assigns will be required to install, test and certify to the Dutchess County Department of Health the new Route 9 water main and service for the Hark Plaza III building prior to the abandonment of the existing water service off of Cayuga Drive and coordinate with CAMO Pollution Control the deactivation of the well line and water service off Cayuga Drive and the connection of the new Hark Plaza III service. 4. The Town Board further authorizes Town Supervisor, Joseph Ruggiero, to execute the document entitled "Termination of Easement Rights", a copy of which is affixed hereto and made part hereof marked and designated Schedule "2" and have the same delivered to OAK STREET and/or NORTH AMERICAN. 5. All costs associated with the preparation and recording of the Termination of Easement Rights will be paid for by OAK STREET and/or NORTH AMERICAN or their assigns. 6. The Town Board determines that the enactment of this Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 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 Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-050 RESOLUTION AUTHORIZING BUDGET AMENDMENTS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the 5 04/11/2005.WS Town budget as set forth in a letter dated April 7, 2005 from Gerald A. Terwilliger, Comptroller, to the Supervisor and Town Board Members. 1. General Fund Budget - Amendments Increase A2001 Park and Recreation Charges 5,900.00 Increase A2680 Insurance Recoveries 4,200.00 Increase A1620.200 Bldg. — Equipment 2,030.00 Increase A7110.405 Parks -Custodial Services 3,000.00 Increase A7110.413 Supplies/Clothing Allow. 500.00 Increase A1710.418 Supplies/Signs 2,400.00 Increase A1710.419 Maintenance/Tractors 2,170.00 Increase A7140.115 Fishing Program/P.S. 1,500.00 Increase A7140.412 Greenway Special Events 2,500.00 Increase A7140.413 Fishing Program/Supplies 1,000.00 Decrease A7110.406 Parks/C.E.-Rymer 1,000.00 Decrease A7110.410 Parks/C.E. — Plumbing. 1,000.00 Decrease A7110.428 Parks/C.E.-Mtn.-Quiet Acres 1,000.00 Decrease A7110.431 Parks/C.E. —Mtn. - Clay 2,000.00 To adjust budget for increased revenues and expenditures 2. General Fund — Part Town — Budget Amendments Decrease B7310.204 Youth Prgms/Equip-Water 2,310.00 Spray Increase B7310.105 Youth Prgms/P.S. Floating 1,310.00 Dir. Increase B7310.405 Youth Prgms/C.E. Playgd. 1,000.00 Sup. To adjust Budget for Line Item Amendments 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 authorizes the above set forth budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2005. 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 Aye The Resolution is hereby duly declared adopted UNANIMOUS CONSENT Councilman Valdati moved to place Resolution 2005-051 on tonight's Agenda, seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2005-051 RESOLUTION AUTHORIZING APPOINTMENT OF RECORDS ACCESS OFFICER AND FOIL APPEALS HEARING OFFICER [:1 9 04/11/2005.WS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Town Board as the governing body of the Town of Wappinger is authorized to designate a Records Access Officer pursuant to 21 NYCRR 1401.2 in order to ensure compliance with the requirement of public access to records in accordance with the Freedom of Information Law (FOIL); and WHEREAS, it is axiomatic that the Town Clerk is the person best suited to perform the duties of such Records Access Officer; and WHEREAS, 21 NYCRR 1401.7 requires the Town Board as the governing body of the Town of Wappinger to designate a person or body to hear appeals regarding the denial of access to records under the Freedom of Information Law (FOIL); and WHEREAS, the Attorney to the Town of Wappinger is best suited and most knowledgeable to perform such appeals function by virtue of his knowledge and ability to interpret the applicable law; and WHEREAS, the designations for such Records Access Officer and FOIL Appeals Hearing Officer are to be made by unanimous vote of the 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. Town Clerk, Gloria J. Morse, is hereby designated the Records Access Officer of the Town of Wappinger. 3. Attorney to the Town of Wappinger, Albert P. Roberts, Esq. is hereby designated the FOIL Appeals Hearing Officer authorized to hear all appeals regarding any alleged denial of access to records under the Freedom of Information Law (FOIL), and that Emanuel F. Saris, Esq. be designated to so act in Mr. Roberts' 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 Aye The Resolution is hereby duly declared adopted DISCUSSIONS • Joint Meeting with Town of Fishkill Regarding Cooperative Assessing. Harry Girdlestone, from the Office of Real Property Tax Services 7 04/11/2005.WS explained the Municipal Options available for more Efficient Assessment Administration. He went over a summary of the program explaining that State law provided a one-time payment of up to $7.00 per parcel with a maximum of $140,000 per municipality, as an incentive for two or more towns to coordinate their assessing functions. There were three choices, and only the first two should be considered. Consolidated Assessing Units and Coordinated Assessing Program . He felt that the Coordinated Assessing Program was the way to go. It requires that both retain their assessing unit status, but agree to share a single assessor. For each town in a Coordinated Assessment Program: • the assessor is required to prepare a separate assessment roll. • a local law must specify the same percentage of value for assessments. • the same assessment calendar is used. • there are separate assessment appeal proceedings for each town. • identical equalization rates are established. • separate equalization rate challenges can be filed. • separate and different tax rates will be used for each local government in a school district or within a county. The most common arrangement now being used by municipalities to reduce cost and improve assessment administration is the sharing of the same assessor by more than one town. This program would also require a 10 year commitment. If the towns entered into this agreement, and wished to withdraw, there would be a penalty which is prorated. This agreement must be approved by each participating assessment unit by a majority vote of the voting strength of its governing body 45 days before the taxable status date of the first assessment by which voters will apply. This must be in place, voted on by both boards, and approved by January 15th of the year it is to take place. The towns would receive $5.00 for each reassessment and then $5.00 per year per parcel in the annual program. Paula Sarvis, Assessor for the Town of Fishkill, explained that a deputy assessor, with the help of the assessors aids, would be needed for both towns. She went over the duties that would be required. Councilman Valdati wished to go over the cost factor to man both towns. Discussion followed. Mrs. Pagones wished to proceed on the Coordinated Assessing Program. NEW BUSINESS/COMMENTS Mike Pagano of 9 Spring Hill Court was recognized by the board. He wished to know if it were permissible for a resident to park a tractor- trailer along side the road on the cul-de-sac. He was concerned for the safety of his 8 04/11/2005.WS children who ride their bikes. This neighbor moved on the street several months ago and made a habit of parking his trailer on the road. He used to park the cab in the driveway, but never the tractor trailer itself. For the past two weeks it was parked alongside of the road two days at a time, and then it was gone. He assumes the neighbor is on the road during that time. Is there any law in place to prevent him from parking his tractor -trailer along the street? The Zoning Inspector announced that she had sent her deputy out to investigate. The owner of the tractor trailer was in California. So her deputy spoke with the owner's wife. She advised the owner's wife that tractor trailers are not permitted in a residential area. Discussion followed. Attorney to the Town, Al Roberts, announced he would look into the Vehicle and Traffic law regarding this matter. There was no further business to come before the board Councilman Bettina moved to close the meeting, seconded by Councilwoman McCarthy and unanimously carried. The meeting adjourned at 8:25 p.m. �i lD orGli. orse erk