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2002-11-12 RGMSUPERVISOR JOSEPH RUGGIERO Call to Order TOWN OF WAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-2744 FAX: (845) 297-4558 Tuesday, November 12, 2002 7:30pm W appinger Town Hall AGENDA Roll Call, Salute to the Flag Presentation of Certificate of Achievement to Elizabeth Colsey Public Hearing: Charges for Demolition of 36 Middlebush Road Suspension of Rules for Public Comment on Agenda Items Discussions: Ervin Drive Residents Robinson Lane Lighting-Fellenzer Engineering Beautification -David Kvinge Applesauce Lane Pond TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Resolutions: 2002-297 Resolution Confirming the Declaration of Emergency and Ratifying Emergency Repairs to Carnwath Mansion on the Greystone Estate 2002-307 Resolution Authorizing the Issuance of $785,000 Serial Bonds of the Town of Wappinger, to Pay the Cost of the Purchase and Installation of Sports Lighting at the Robinson Lane Recreation Area 2002-309 Resolution Authorizing the Purchase of Fencing for Reese Park 2002-310 Resolution Authorizing Beautification Plan 2002-311 Resolution Awarding Bid for Recycle Center 2002-312 Resolution Authorizing Public Hearing Objections to the Assessment Rolls and Proposed Budgets for Improvement Areas or Improvement New Business/Comments Adjournment 11/12/2002.WS The Workshop Meeting of the Town of Wappinger was held on November 12, 2002 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 (arrived 7:55 p.m.) Christopher Colsey, Councilman 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 Prior to the start of the meeting, Supervisor Ruggiero presented a Certificate of Achievement to Elizabeth Colsey for coming in first place in the national Tae Kwon Do Competition, PUBLIC HEARING: Charges incurred by Town of Wappinger for demolition and removal of building at 36 Middlebush Road.. Al Roberts, Attorney to the Town informed the board that the property has been sold, and the owners will reimburse the town for $18,673.92. No Public Hearing needed. DISCUSSIONS • ERVIN DRIVE/ MYERS CORNERS ROAD SAFETY ISSUE. Mary Propora, 40 Ervin Drive gave a short presentation on the safety issues on Ervin Drive/Myers Corners Road. Joseph Porpora also read some statistics on traffic for Myers Corners Road. at the Myers Corners School, Roy C. Ketcham School, D.C.C. South Campus and the Laerdal Locations. The total persons traveling on Myers Corners Road within approximately one mile= 5,299. This figure does not include employees at the Hollowbrook Complex, nor does it include those people when must enter Myers Corners Road from those streets between Hollowbrook and Laerdal which have no access to other Roads. Given these statistics, how can it be reasonable to create a road on to Myers Corners Road from the proposed Cranberry Hill development of 232 home, which would mean an additional 400 vehicles? Jay Paggi, Engineer to the Town explained that a study had been prepared by the applicants traffic professional and reviewed by the towns traffic professional and agreed upon. It shows that if the road to Myers Corners was not built, the number of cars that would be exiting the most easterly roads from Widmer Road would make the loop from All Angels Hill Road and then wind up back on Myers Corners 1 11/12/2002.WS Road, so that the majority of that traffic will wind up on Myers Corners Road, but would inundate that section of Myers Corners Road from All Angels Hill Road to Kent Road. By adding the third point of ingress/egress to the proposed 232 lot subdivision, it eases the traffic in that section of Widmer, All Angels and Myers Corners Roads and limits, as another option for those residents. It showed that the traffic on Myers between Kent and Route 9 would be the same. The traffic on Myers between Kent and All Angels would be reduced. The traffic study went on further to state that the construction of that intersection at Kent and Myers for the new road would be under the review of the DC Department of Public Works, and would have the warrants necessary to warrant a traffic signal at that intersection. Discussion followed Councilman Colsey moved to contact the School Board and County regarding safety issues on Myers Corners Road. Seconded by Councilman Bettina Motion Unanimously Carried Councilman Colsey moved to contact Town Patrol to patrol school area between the hours of 6:30 a.m. to 7:30 a.m. Seconded by Councilman Valdati Motion Unanimously Carried • ROBINSON LANE LIGHTING, Fellenzer Engineering. Eric and John Fellenzer went over a brief description of the proposed light levels, standards, estimated construction costs, estimated electrical charges and maintenance costs per year for the Robinson Lane Recreation Area. ACTION TAKEN: Fellenzer Engineering to provide the board with an amended proposal that would meet Little League standards. • BEAUTIFICATION • APPLESAUCE POND AERATION. Jay Paggi, Engineer to the Town went over a proposal for aerators and yearly costs for the above referenced location. RESOLUTION NO. 2002-297 RESOLUTION CONFIRMING THE DECLARATION OF EMERGENCY AND RATIFYING EMERGENCY REPAIRS TO CARNWATH MANSION ON THE GREYSTONE ESTATE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati WHEREAS, the Town of Wappinger owns a 99 -acre estate located on Wheeler Hill Road in the Town commonly known as the "Greystone Estate"; and 2 11/12/2002.WS WHEREAS, one of the primary structures on the property is a large residential structure known as "Carnwath Mansion", a three-story mansion constructed in the mid -1800s which is listed on the State and Federal Registrar of Historical Places; and WHEREAS, the Town has planned the long term rehabilitation of the Carnwath Mansion and has applied for grants to fund it restoration and rehabilitation; and WHEREAS, recent inspections by the Engineer to the Town, Joseph E. Paggi, Jr., P.E., of Paggi, Martin & Del Bene, and the Architect to the Town, Donald Swartz, of Cerniglia & Swartz Architects, Planners & Interior Designers, P.C., discovered numerous openings in the roof and the exterior walls of said Carnwath Mansion, exposing the building to the ravages of the weather and the elements which have resulted in significant damage to the building structure, both internally and externally; and WHEREAS, both Mr. Paggi and Mr. Swartz have recommended in letters to the Town Supervisor, Joseph Ruggiero, respectively dated August 2, 2002 and September 6, 2002 that interim emergency repairs must be performed as quickly as possible to shore up the structure and weather-proof the building the building envelope to prevent further irreparable damage to the structure; and WHEREAS, the Town Supervisor, Joseph Ruggiero, pursuant to the powers granted to him by New York State Law Article 2-B §24 of Executive Law previously declared a State of Emergency with respect to the Carnwath Mansion, and directed the Building Inspector, Town Clerk, Highway Superintendent, Engineer to the Town, Attorney to the Town, and Architect to the Town to take whatever steps were needed to coordinate any repair work which is necessary to shore up and weather-proof the Carnwath Mansion to prevent further damage to same; and WHEREAS, the Supervisor also further suspended the Town of Wappinger Procurement Policy for the sole purpose of making such interim emergency repairs, purchases and expenditures necessary to immediately shore up and weather-proof the Carnwath Mansion to prevent further damage to said structure in accordance with the plans and specifications prepared by the Architect to the Town or the Engineer to the Town; and WHEREAS, the Town Board hereby wishes to confirm that an emergency exists with respect to the Carnwath Mansion and hereby intends to confirm the actions taken by the Supervisor to undertake the emergency repairs to said structure. NOW, THEREFORE, BE IT RESOLVED, as follows: 3 11/12/2002.WS The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby ratifies, reconfirms and adopts the actions taken by the Supervisor in declaring an emergency with respect to the Carnwath Mansion in ordering a suspension of the Town of Wappinger's Procurement Policy and directing that immediate repairs to said structure be undertaken as quickly as possible in accordance with the plans prepared by the Architect to the Town, Donald Swartz, of Cerniglia & Swartz Architects, Planners & Interior Designers, P.C. and the Engineer to the Town, Joseph E. Paggi, Jr., P.E., of Paggi, Martin & Del Bene. The Town Board further authorizes the following contractors to undertake said emergency repair work: Mid -State Industries at a cost not to exceed to $45,700.00 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 Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2002-307 RESOLUTION AUTHORIZING THE ISSUANCE OF $785,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE AND INSTALLATION OF SPORTS LIGHTING AT THE ROBINSON LANE RECREATION AREA OF AND SAID FOR THE TOWN The following resolution was offered by Councilman Valdati who moved its adoption, seconded by Councilman Colsey. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, BY THE Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the purchase and installation of sports lighting at the Robinson Lane Recreation Area, of and for the Town of Wappinger, Dutchess County, New York, including incidental expenses in connection therewith, at a maximum estimated cost of $785,000, there are hereby authorized to be issued $785,000 4 11/12/2002.WS serial bonds of the town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $785,000, and the plan for the financing thereof is by the issuance of the $785,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the Power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, for and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property o said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered from and shall be signed in the name of the Town of Wappinger, Dutchess, County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the 5 11/12/2002.WS purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or laces of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if : 1) Such obligations are authorized for an object or purpose for which said town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complies with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication or, 3) Such obligations are authorized in violation o the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 — 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise 0 11/12/2002.WS set aside with respect to the permanent funding of the object or purpose described herein. Section 11. Upon this resolution taking effect, the same shall be published in full in the Southern Dutchess Newspaper, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2002-309 RESOLUTION TO AUTHORIZE THE PURCHASE OF FENCING FOR REESE PARK The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Recreation Committee has recommended the purchase of fencing for Reese Park; and WHEREAS, the Recreation Committee has received quotes for this project in which the lowest was given by DiPiet Fence Company; and WHEREAS, the Recreation Committee has requested a purchase order in the amount of Three Thousand, Two Hundred Dollars ($3,200.00) payable to DiPiet 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. A purchase order is hereby authorized in the amount of Three Thousand Two Hundred Dollars ($3,200.00) from Recreation Account No. A-7110.2, in accordance with letter dated October 23, 2002 from Ralph Holt, Recreation chairman, to the Town Board. 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 Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye 7 11/12/2002.WS The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2002-310 RESOLUTION AWARDING THE DESIGN PROPOSAL FOR THE TOWN'S BEAUTIFICATION PROGRAM The following Resolution was introduced by Councilman Paoloni and Voting seconded by Supervisor Ruggiero. Robert Valdati, Councilman WHEREAS, as part of the Town of Wappinger Beautification Program, the Aye Town Board has solicited design proposals from various sign companies; and Voting WHEREAS, the Town Board has reviewed and examined all proposals Christopher Colsey, Councilman submitted; and Aye WHEREAS, the Town Board has budgeted $5,000 for beautification for the Voting year 2002; and WHEREAS, the Town of Wappinger has been awarded a $2,000 beautification grant by New York State Assemblyman Joel Miller; and WHEREAS, the Town of Wappinger is applying for Greenway grants in an amount up to $25,000 for beautification, NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby awards the design proposal submitted by Superior Sign Service with an address of Route 82, Hopewell Junction, New York at a cost not to exceed Five Hundred, Ten dollars ($510.00) per 30"x60" sign. The Town Board hereby appropriates Eleven Thousand Dollars ($11,000) from B -Fund fund balance to account 8540.400B -Beautification for the purchase of eighteen signs. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said contract on behalf of the Town of Wappinger. 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 Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-311 RESOLUTION AWARDING CONTRACT FOR RECYCLING CENTER FOR PROPOSED SITE IMPROVEMENTS The following Resolution was introduce by Councilman Colsey and seconded by Councilman Bettina. 11/12/2002.WS WHEREAS, the advertisement for bids for the Town of Wappinger Recycle Center for proposed site improvements was published in the Southern Dutchess News and Poughkeepsie Journal newspapers on October 16, 2002; and WHEREAS, bids were opened on November 8, 2002 and reviewed by Gloria J. Morse, Town Clerk of the Town of Wappinger; and WHEREAS, Joseph E. Paggi, Jr., P.E. of Paggi, Martin & DelBene, Engineers to the Town of Wappinger, 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 herein. 2. The Contract for Town of Wappinger Recycle Center is hereby awarded to Sun Up Enterprises doing business at 1607 Route 376, Wappingers Falls, New York 12590 for the price of $128,323. 3. Supervisor Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. 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 Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-312 RESOLUTION AUTHORIZING PUBLIC HEARINGS TO HEAR OBJECTIONS TO THE ASSESSMENT ROLLS AND PROPOSED BUDGETS FOR IMPROVEMENT AREAS OR IMPROVEMENT DISTRICTS FOR CALENDAR YEAR 2002 The following Resolution was introduced by Councilman Bettina and seconded by Supervisor Ruggiero. WHEREAS, the Town Board has completed the assessment rolls and has prepared proposed budgets for all Improvement Areas and Improvement Districts in the town of Wappinger; and WHEREAS, pursuant to Resolution No. 2002-304, the Town Board heretofore scheduled Public Hearings for the purpose of hearing and considering any objections which may be made to said assessment rolls or proposed budgets for the purposes of establishing Benefit Assessments and proposed Quarterly Operation and Maintenance Charges for the properties located within the following Improvement Areas and Improvement Districts hereinafter set forth; and 4 11/12/2002.WS WHEREAS, Resolution No. 2002-304 inadvertently omitted authorizing Public Hearings to hear objection to the assessment rolls and proposed budgets for the Watch Hill Water District for calendar year 2002, which was discovered after the adoption of the aforementioned Resolution; and WHEREAS, the Town Clerk posted and published the notice of Public Hearing for the Watch Hill Water District in the form annexed hereto in the Southern Dutchess News and Poughkeepsie Journal. 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 confirms that it has prepared the assessment rolls and prepared proposed budgets for all Improvement Areas and Improvement Districts in the Town of Wappinger, including Watch Hill Water District. 3. The Town Board Hereby ratifies and confirms the actions taken by the Town Clerk who published a Notice of Public Hearing for the Watch Hill Water District and further confirms that the aforementioned Public Hearing for Watch Hill Water District shall be conducted on the 13th day of November, 2002 at 7:30 p.m. at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. 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 Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. There was no other business to come before the Board. Councilman Colsey moved to close the meeting, seconded by Councilman Bettina and unanimously carried. The meeting closed at 9:30 p.m. Gloria J. Morse Town Clerk KC