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2002-10-28 RGMMonday, October 28, 2002 7:30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to the Flag Receipt and Approval of Town Board Minutes: June 19, 2002 Special Meeting September 9, 2002 Workshop September 23, 2002 Town Board Meeting October 16,2002 Special Meeting Suspension of Rules for Public Comment on Agenda Items Discussions: Robinson Lane Lighting Chloride Contamination Neshiawat Rezone Phase 3A Litigation Correspondence Log: 2002CL-0702 to 2002CL-0771 Resolutions: 2002-282 Resolution Authorizing Relocation of Water Line Easement on Lot No. 4 in the Parsons Subdivision 2002-286 Resolution Denying Refund of Late Fees for Water and Sewer Charges 2002-287 Resolution Authorizing Garg Escrow Refund 2002-288 Authorize Purchase Order for Clay for Recreation 2002-291 Resolution Authorizing Daneshvar Escrow Refund 2002-292 Resolution of Support for Youth Grant Application 2002-293 Resolution Authorizing MGD Escrow Refund 2002-294 Resolution Authorizing Talaber Escrow Refund 2002-295 Resolution Designating Dutchess County as Lead Agency for Empire Zone 2002-296 Resolution Von Bergen Fire 2002-300 Resolution Authorizing Purchase Order for Benches for Recreation 2002-301 Resolution Authorizing Purchase Order for Projector for Recreation 2002-302 Resolution Authorizing Purchase Order for Bleachers for Recreation 2002-303 Resolution Accepting Correspondence Log 2002-304 Authorizing Public Hearings to Hear Objections to the Assessment Rolls and Proposed Budgets for Improvement Areas 2002-305 Resolution Confirming the Water Restriction for the Tall Trees Water Improvement Area 2002-306 Resolution to Authorize Bonding for Robinson Lane New Business/Comments Adjournment 10/28/2002.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on October 28, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR RUGGIERO opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman 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 Absent: Vincent Bettina, Councilman Supervisor Ruggiero announced Mr. Bettina was absent tonight due to an illness in his family. The Supervisor asked all to join in the Pledge of Allegiance to the Flag. RECEIPT & APPROVAL OF MINUTES The Minutes of the Special Meeting of June 19, 2002 Workshop Meeting of September 9, 2002, Town Board Meeting of September 23, 2003 and Special Meeting of October 16, 2002 having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilman Valdati stated that there was an error on the last page of the September 23rd meeting. COUNCILMAN VALDATI moved to accept the above stated Minutes as submitted by the Town Clerk be and they are hereby approved as corrected. Seconded by Councilman Colsey Motion Unanimously Carried SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. COUNCILMAN VALDATI moved to Suspend the Rules for Public Comment on Agenda Items. Seconded by Mr. Colsey Motion Unanimously Carried CORRESPONDENCE LOG 2002 -CL — 0702 TO 2002 -CL - 0771 ( SEE ATTACHED SHEETS) DISCUSSIONS: • Robinson Lane Lighting: 1 10/28/2002.RGM Jay Paggi, Engineer to the Town announced that correspondence had been received from Fellenzer Engineering in regard to the bids that were received for the Robinson Lane Baseball Sports Lighting. The bids were open on September 16, 2002 and the apparent low bidder was Stilsing Electric from Rensselaer, New York with a Base bid of $358,580 and Alternates A and B were $189,000 and $93,558, respectively. Mr. Paggi also recommended that a 5% contingency be added for unforeseen circumstances bringing the total bid to approximately $673,000. On the first week of October, Mr. Paggi received notification from Mr. Fellenzer that there may have been some discrepancies in the bid, because the specifications were not drawn to current Little League standards. Mr. Paggi then sent a 2002 Operating Manual for Little League standards to Mr. Fellenzer for his review and to advise the town, if in fact the bid document did meet those standards. He received a reply from Mr. Fellenzer and he advised that the lighting specs that were put out to bid for the base bid ( Senior League I plus the recreation area) do meet the Little League requirements. Alternate B which is the girls field does not. Alternate A which is the larger field in the southeast corner of the property known as Memorial Field does. Mr. Paggi discussed this with Al Roberts, Attorney to the Town and they felt it would be prudent to reject all bids and order a rebid with different specifications specifically complying to the 2002 operating manual. Discussion followed. Councilman Paoloni moved to reject all bids and rebid based on new standards as recommended by Mr. Paggi. Seconded by Councilman Valdati Motion Unanimously Carried • Chloride Contamination: At the September meeting, Mr. Paggi's office was authorized to contact the towns consulting Hydrogeoligist to see if there were any types of testing or protocol that had been set up to determine the causes of chloride contamination of individual water supply wells. He sent the request to Tom Cusack of Leggette, Brashears & Graham, Inc. on September 10, 2002 and Mr. Cusack responded with a draft investigation Guidelines for Potential Road Salt Contamination of Ground -Water Supply Sources. Mr. Paggi also sent a copy of the report to the town board, Mrs. Morse's Office, Mr. Roberts, and Mr. Tremper. The draft protocol gives a historical background of the problems that have been cropping up in individual water supply wells with chloride contamination. The protocol goes on to list the possible potential sources of this contamination, including but not limiting to changing chemistry and the ground water itself, road salt intrusion, and/or softener 2 10/28/2002.RGM backwash waste. It also speaks of the potable water supplies and how one might go about testing or determining where the potential source is coming from. Seasonal testing, logging of the wells, septic, and water softener data would be necessary in order to make a determination as to the potential sources of the chloride contamination. The report further determines that a portion of the increase in the chlorides in the ground water is due to road salt application. Mr. Cusack also informed Mr. Paggi that he would be more than happy to come and present a more detailed presentation if the board is so inclined. Discussion followed. Mr. Paggi announced he would contact LGB to prepare a cost study for the next workshop with Mr. Foster also in attendance. • Nesheiwat Rezone Al Roberts, Attorney to the Town announced we can not go forward until we hear from Ed Rose, manager of the Dutchess County Airport with his comments and recommendations. Supervisor Ruggiero will set up a meeting with the applicant in attendance. • Phase 3A Litigation -- Tabled to Executive Session RESOLUTION NO. 2002-282 RESOLUTION AUTHORIZING RELOCATION OF WATER LINE EASEMENT ON LOT 4 IN THE PARSONS SUBDIVISION The following Resolution was introduced by Supervisor Ruggiero and seconded by Councilman Valdati. WHEREAS, Ultra -Craft Homes, Inc. is the owner of certain premises commonly referred to as Lot No. 4 in the Parsons Subdivision on Map No. 7152 filed in the Dutchess County Clerk's Office, hereinafter referred to as "Lot 4"; and WHEREAS, said Lot is encumbered by a Water Line Easement more particularly identified in Easements recorded in the Dutchess County Clerk's Office at Liber 1395 cp 704 and assigned in Liber 1397 cp 73, hereinafter referred to as "Original Easement"; and WHEREAS, the Original Easement is located in the central part of the Lot impeding the construction of a single family home on said Lot; and WHEREAS, Ultra -Craft Homes, Inc. is desirous of relocating the Water Line Easement to run parallel with the northerly boundary of said Lot, a more particularly described in Schedule "A". 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. 3 10/28/2002.RGM 2. The Town Board hereby authorizes a relocation f the Water Line Easement to the area of the lot more particularly described in the Easement attached as Schedule "A" and also authorizes an abandonment of the necessary portion of the Easement located on said Lot No. 4 on MP No. 7152 3. The Town Board hereby further authorizes Joseph Ruggiero, Supervisor to the Town of Wappinger, Joseph E. Paggi, Jr., P.E., Engineer to the Town of Wappinger, and Albert P. Roberts, Attorney to the Town of Wappinger, to take what ever steps are necessary to relocate the Water Line Easement to the area of the lot more particularly described as Schedule "A". 4. Supervisor Joseph Ruggiero is authorized to execute any and all documents deemed necessary to establish the new Easement and abandon the unneeded portion of the original Easement upon approving recommendations from the Engineer to the Town, Joseph E. Paggi, Jr., P.E., and the Attorney to the Town, Albert P. Roberts, that the any and all such documents are in proper legal form for recording. 5. The Town Board hereby accepts the new Easements as described in Schedule "A". The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-286 The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, Ms. Kathryn Leonard residing at 5 Wildwood Manor, Wappingers Falls, New York, has requested that the $13.86 (10%) late charge imposed on her unpaid water and sewer charges for last quarter be waived, in her letter dated October 7, 2002 to Debbie Brown, Receiver of Taxes of the Town of Wappinger. 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 request of Ms. Kathryn Leonard residing at 5 Wildwood Manor, Wappingers Falls, New York, for the waiver of the $13.86 (10%) late charge 4 10/28/2002.RGM on her unpaid water and sewer charges for last quarter be waived, is hereby denied. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-287 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 30 CARMEL HEIGHTS The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, on or about December 4, 2001, Anil Garg deposited Five Thousand, Five Hundred Dollars ($5,500.00) with the Town of Wappinger in escrow to secure the completion of site work at 30 Carmel Heights, Wappingers Falls, New York pursuant to Building Permit No. P00-644; and WHEREAS, the required site work has now been satisfactorily completed and the return of the escrow amount of Five Thousand, Five Hundred Dollars ($5,500.00) has been recommended by Mark Liebermann, Town of Wappinger Fire Inspector, in his letter dated September 19, 2002 to the Town of Wappinger Town Board. 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. Payment is approved in the amount of Five Thousand, Five Hundred Dollars ($5,500.00) made payable to Anil Garg for the refund of the unused escrow funds deposited for the required site work at 30 Carmel Heights, Wappingers Falls, New York pursuant to Building Permit No. P00-644. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman The Resolution is hereby duly declared adopted 5 Voting Aye Voting Aye Voting Absent Voting Aye Voting Aye 10/28/2002.RGM RESOLUTION NO. 2002-288 RESOLUTION TO AUTHORIZE THE PURCHASE OF CLAY FOR THE ROBINSON LANE RECREATION AREA The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the Recreation Committee of the Town of Wappinger has recommended the purchase of Twenty Five (25) tons of beam clay for use at the Robinson Lane Recreation Area. 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. Payment is approved in the amount of One Thousand, Eight Hundred and Seventy Five Dollars ($1,875.00) made payable to Partec Peat Corporation with an office at Kelsey Park, Great Meadows, New Jersey 07838 from Recreation Account No. A-7110.4, for the purchase of twenty-five beam clay for the Robinson Lane Recreation Area in accordance with the letter dated September 25, 2002 from Ralph J. Holt, Chairman of the Recreation Committee, to the Town Board Members. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-291 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 24 CARMEL HEIGHTS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, on or about June 30, 2000, Shahram Daneshvar deposited One Thousand Five Hundred Dollars ($1,500.00) with the Town of Wappinger in escrow to secure the completion of seeding at 24 Carmel Heights, Wappingers Falls, New York pursuant to Building Permit No. P99387; and WHEREAS, the required seeding has now been satisfactorily completed and the return of the escrow amount of One Thousand and Five Hundred Dollars ($1,500.00) has been recommended by Karl H. Seebruch, Town of Wappinger Building Inspector, in his letter dated October 1, 2002 to the Town of Wappinger Town Board. 6 10/28/2002.RGM 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. Payment is approved in the amount of One Thousand Five Hundred Dollars ($1,500.00) made payable to Shahram Daneshvar for the refund of the unused escrow funds deposited for the required seeding at 24 Carmel Heights, Wappingers Falls, New York pursuant to Building Permit No. P99387. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-292 RESOLUTION OF SUPPORT FOR YOUTH GRANT APPLICATION The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, the Town Board determines it is in the best interest of the Town to make application to the Dutchess County Youth Board for a Youth Development/Delinquency Prevention Grant for the calendar year 2003, a copy of which application is appended to these minutes; and WHEREAS, the Town Board agrees to disburse the grant funds and to provide the services as itemized and identified in the application. 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 Supervisor is hereby authorized to make application to the Dutchess County Youth Board in the form of application attached hereto. The Town Board hereby adopts the representations, terms and conditions contained in the application submitted to the Dutchess County Youth Board (code number 03132710R033) and hereby approves the Projects described in the Youth Development Delinquency Prevention application on file with the New York State Division for Youth and the Dutchess County Youth Board. By accepting the grant monies the Town hereby agrees to the following: That the Town of Wappinger will abide by the OCFS as to the propriety of all expenditures upon which state aid is requested; r� 10/28/2002.RGM The project will be operated in compliance with the laws, rules, regulations, resolutions, and codes of the State of New York and pertinent political subdivisions; No youth will be denied the services or facilities of this project because of race, creed, color or sex; and No fee will be charged for the program supported by State funds. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-293 RESOLUTION AUTHORIZING REFUND OF APPLICATION FEES AND UNUSED ESCROW FUNDS DEPOSITED BY MGD Development GROUP, LLC The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, on or about June 3, 2002, MGD Development Group, LLC (hereinafter referred to as "MGD") made Application for both Subdivision Approval and Site Plan Approval for properties located on Old Hopewell Road in the Town of Wappinger, County of Dutchess, State of New York; and WHEREAS, in connection with the Application for Subdivision Approval, Application No. 02-5057, MGD deposited the sum of Eight Hundred Dollars ($800.00) representing the Application Fee and Three Thousand, Seven Hundred and Fifty Dollars ($3,750.00) representing fees to be held in escrow to ensure the Town would be reimbursed for review fees incurred by the Town's professional consultants; and WHEREAS, in connection with the Application for Site Plan Approval, Application No. 02-3057, MGD deposited the sum of Thirty Five Thousand, Two Hundred and Fifty Dollars ($35,250.00) representing the Application Fee and Fifty Two Thousand, Five Hundred Dollars ($52,500.00) representing fees to be held in escrow to ensure the Town would be reimbursed for review fees incurred by the Town's professional consultants; and WHEREAS, the Applications for both Subdivision Approval and Site Plan Approval have been withdrawn and MGD requests the return of the Application Fees together with the unused portions of the escrow fees deposited to ensure payments to the Town's professional consultants. 8 10/28/2002.RGM 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. In connection with the Application for Subdivision Approval, Application No. 02-5057, payment is hereby approved to MGD in the amount of Eight Hundred Dollars ($800.00) representing the refund of the Application Fee and the sum of Three Thousand, Seven Hundred and Fifty Dollars ($3,7500.00) representing the amount of the unused escrow deposit. In connection with the Application for Site Plan Approval, Application No. 02-3057, payment is hereby approved to MGD in the amount of Thirty Five Thousand, Two Hundred and Fifty Dollars ($35,250.00) representing the refund of the Application Fee and the sum of $51,753.75 ($52,500.00) representing the amount of the unused escrow deposit. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilperson Voting Aye VINCENT BETTINA, Councilperson Voting Absent JOSEPH P. PAOLONI, Councilperson Voting Aye CHRISTOPHER J. COLSEY, Councilperson Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-294 RESOLUTION AUTHORIZING PARTIAL REFUND OF UNUSED ESCROW FUNDS FOR 9 MAPLE PATH The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, on or about March 8, 2000, Linda Talaber deposited Six Thousand, Seven Hundred, Fifty Dollars ($6,750.00) with the Town of Wappinger in escrow to secure the completion of a driveway at 9 Maple Path, Fishkill, New York pursuant to Building Permit No. P01125; and WHEREAS, Linda Talaber has requested a partial refund of the escrow deposit in the amount of Four Thousand, Seven Hundred, Fifty Dollars ($4,750.00) for her driveway at 9 Maple Path, Fishkill, New York pursuant to Building Permit No. P01125; and WHEREAS, Engineer to the Town, Joseph E. Paggi, Jr., of Paggi, Martin & Del Bene, has recommended in his letter dated September 27, 2002 addressed to the Building Inspector, Salvatore Morello, that Four Thousand, Seven Hundred, Fifty Dollars ($4,750.00) of the escrow could be returned to Linda Talaber, leaving Two Thousand Dollars ($2,000.00) in escrow to secure the repaving of the approximately 100 foot of driveway. NOW, THEREFORE, BE IT RESOLVED, as follows: 0 10/28/2002.RGM The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Payment is approved in the amount of Four Thousand, Seven Hundred, Fifty Dollars ($4,750.00) made payable to Linda Talaber for the partial refund of the unused escrow funds deposited for the driveway at 9 Maple Path, Fishkill, New York pursuant to Building Permit No. P01125. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO.2002-295 RESOLUTION DESIGNATING DUTCHESS COUNTY AS LEAD AGENCY WITH RESPECT TO THE PROPOSED EMPIRE ZONE BOUNDARY REVISION The following resolution was moved by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York has received a request from Dutchess County to assume the status of Lead Agency for the sixth revision to the boundary of the Poughkeepsie/Dutchess Empire Zone (the "Project"); and WHEREAS, the proposed changes to the boundary will make it possible to add certain properties and extend to such properties incentives available through the zone, thereby stimulating economic development; and WHEREAS, the proposed changes will also make it possible to remove properties from the zone where such properties are not longer suitable for zone benefits; and WHEREAS, the total acreage included in the Poughkeepsie/Dutchess Empire Zone is 1,280 acres, which acreage is not contiguous and is located in various municipalities, each with their own local land use controls; and WHEREAS, the effected lands total 332 acres — 116 acres of land to be added and 116 acres of land to be removed; and WHEREAS the Project would involve approximately 14.07 acres of land in the Town of Wappinger distributed between property on Airport Drive and property on Myers Corners Road; and WHEREAS, more specifically portions of the following tax parcels (and one right-of-way) would be added to the Poughkeepsie/Dutchess Empire Zone in the Town of Wappinger: Tax Lot ID Empire Zone Acreage 10 10/28/2002.RGM 5689-02-841683 (partial) 9.00 6259-04-815490 0.94 6259-04-870494 0.53 Airport Drive ROW 1.04 6258-03-278358 2.57 WHEREAS, the Project does not involve any construction and will in no way affect locally adopted land use controls; and WHEREAS, any development of the properties involved in this Project must be consistent with community planning objectives and subject to individual site plan review; and WHEREAS, in a letter from the Chief Assistant County Attorney for Dutchess County to Supervisor Joseph Ruggiero, dated 10/25/02, the County Attorney requested that the Town of Wappinger consent to Dutchess County assuming the role of Lead Agency for the purposes of the State Environmental Quality Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations an statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby consents to Dutchess County assuming the role of Lead Agency for the Project for the purposes of SEQRA. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-296 RESOLUTION TO LEVY THE CHARGES INCURRED BY THE TOWN OF WAPPINGER FOR THE DEMOLITION OF 36 MIDDLEBUSH ROAD AGAINST THE PROPERTY AT 36 MIDDLEBUSH ROAD The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, a residential structure owned by Robert J. Von Bergen and Diana Von Bergen at 36 Middlebush Road, Wappingers Falls, New York was substantially damaged by a fire on January 28, 2002; and WHEREAS, the Von Bergens verbally agreed to have the Town of Wappinger pay for the costs of demolition and removal of the remains of the structure located at 36 Middlebush Road, Wappingers Falls, New York; and 11 10/28/2002.RGM WHEREAS, Robert J. Von Bergen consented in writing to allow the Town of Wappinger to demolish the remains of the structure located at 36 Middlebush Road, Wappingers Falls, New York; and WHEREAS, the Town Board by Resolution No. 2002-72 authorized the building inspector to order the immediate demolition of the remains of said residential structure; and WHEREAS, the Town of Wappinger by Resolution No. 2002-80 authorized the payment to Ben Ciccone, Inc. in the amount of Sixteen Thousand, One Hundred and Thirty Eight Dollars and Thirty Eight Cents (16,138.38) for the demolition and removal of the remains of said residential structure; and WHEREAS, the Town Board by Resolution No. 2002- 111 approved the additional payment to Ben Ciccone, Inc. in the amount of Two Thousand, Four Hundred and Ninety Nine Dollars and 54/100 ($2,499.54) for additional unexpected disposal surcharge costs for the removal of the remains of said residential structure; and WHEREAS, the Town of Wappinger incurred and expended a total of Eighteen Thousand, Six Hundred and Thirty Seven Dollars and 92/100 ($18,637.92) for the costs of the demolition and removal of the remains of said residential structure; and WHEREAS, Town Law §130 and Chapter 93 of the Town of Wappinger Code authorize the assessment and levy of all costs and expenses against the land upon which the unsafe structure is located incurred by the Town in connection with these proceedings pursuant to the procedures set forth in Article XV of the Town Law. 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 authorizes and directs that a public hearing be held on November 12, 2002 at 7:30 p.m. at 20 Middlebush Road, Wappingers Falls, New York for the purposes of hearing any objections to: The total costs and expenses incurred by the Town of Wappinger in connection with the proceedings to demolish and remove the building/structure located at 36 Middlebush Road, Wappingers Falls, New York, including the costs of actually demolishing and removing said building/structure; and Assessing and levying all costs, fees and expenses incurred by the Town, including the aforementioned costs of demolition and removal of the remains of the residential structure located at 36 Middlebush Road, Wappingers Falls, 12 10/28/2002.RGM New York against the land on which the unsafe structure was located identified by Tax Grid No. 6157-01-438825 as provided by law. Town Clerk Gloria Morse is directed to cause a certified copy of this Resolution and Notice of Public Hearing to be mailed to Robert J. Von Bergen and Diana Von Bergen at their last known address at 36 Middlebush Road, Wappingers Falls, New York 12590, and a copy thereof to be mailed to their attorney, John Reed, Esq., with an office at 17 Collegeview Avenue, Poughkeepsie, New York 12603, attorney to Robert J. Von Bergen and Diana Von Bergen. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilperson Voting Aye VINCENT BETTINA, Councilperson Voting Absent JOSEPH P. PAOLONI, Councilperson Voting Aye CHRISTOPHER J. COLSEY, Councilperson Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO.2002-300 RESOLUTION TO AUTHORIZE THE PURCHASE OF BENCHES FOR PARKS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Recreation Committee has recommended the purchase of 4 to 6 foot inground PVC Coated Expandable Metal Benches for placement in various parks; and WHEREAS, the Recreation Committee has received quotes for this project in which the lowest was given by Game Time; and WHEREAS, the Recreation Committee has requested a purchase order in the amount of One Thousand, Two Hundred, Fifty Dollars ($1,250.00) payable to Game Time. 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 One Thousand Two Hundred Fifty Dollars from Recreation Account No. B-7310.2, in accordance with a letter dated October 18, 2002 from Ralph Holt, Recreation Chairman, to the Town Board.. JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilperson Voting Aye VINCENT BETTINA, Councilperson Voting Absent JOSEPH P. PAOLONI, Councilperson Voting Aye CHRISTOPHER J. COLSEY, Councilperson Voting Aye 13 10/28/2002.RGM The Resolution is hereby duly declared adopted. RESOLUTION NO.2002-301 RESOLUTION TO AUTHORIZE THE PURCHASE OF A PROJECTOR FOR VARIOUS RECREATION EVENTS The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati WHEREAS, the Recreation Committee has recommended the purchase of a Hitachi CP -S 225 SVGA Projector to be used at various recreation events; and WHEREAS, the Recreation Committee has received quotes for this project in which the lowest was given by Ballantine Communications; and WHEREAS, the Recreation Committee has requested a purchase order in the amount of One Thousand, Eight Hundred, Ninety -Nine Dollars ($1,899.00) payable to Ballantine Communications. 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 One Thousand Eight Hundred Ninety -Nine Dollars to Ballantine Communications from Recreation Account No. B-7140.4, in accordance with a letter dated October 18, 2002 from Ralph Holt, Recreation Chairman, to the Town Board.. JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilperson Voting Aye VINCENT BETTINA, Councilperson Voting Absent JOSEPH P. PAOLONI, Councilperson Voting Aye CHRISTOPHER J. COLSEY, Councilperson Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO.2002-302 RESOLUTION TO AUTHORIZE THE PURCHASE OF BLEACHERS FOR THE RECREATION DEPARTMENT The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni WHEREAS, the Recreation Committee has recommended the purchase of one, five row fifteen foot bleacher with side rails; and WHEREAS, the Recreation Committee has received quotes for this project in which the lowest was given by BSN Sports; and WHEREAS, the Recreation Committee has requested a purchase order in the amount of Two Thousand, Six Hundred, Thirty -Four Dollars ($2,634.00) payable to BSN Sports. 14 10/28/2002.RGM 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 Two Thousand, Six Hundred, Thirty -Four Dollars ($2,634.00) payable to BSN Sports from Recreation Account No. B-7310.2, in accordance with a letter dated October 16, 2002 from Ralph Holt, Recreation Chairman, to the Town Board.. JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilperson Voting Aye VINCENT BETTINA, Councilperson Voting Absent JOSEPH P. PAOLONI, Councilperson Voting Aye CHRISTOPHER J. COLSEY, Councilperson Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 303 2002 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-304 RESOLUTION AUTHORIZING PUBLIC HEARINGS TO HEAR OBJECTIONS TO THE ASSESSMENT ROLLS AND PROPOSED BUDGETS FOR IMPROVEMENT AREAS OR IMPROVEMENT DISTRICTS FOR CALENDAR YEAR 2003 The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. 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 15 10/28/2002.RGM WHEREAS, the Town Board wishes to schedule 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. 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 confirms that it has prepared the assessment rolls and prepared proposed budgets for all Improvement Areas and Improvement Districts in the Town of Wappinger. The Town Board hereby schedules Public Hearings for the purposes of hearing and considering any objections which may be made to said assessment rolls or the 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, said Public Hearings to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at the date and times hereinafter set forth: Improvement Area/ District Date Time -pm Wappinger Sewer Improvement Area No. 1 11-14-2002 7:30 Rockingham Farms Sewer District 11-14-2002 7:30 Wappinger Sewer Transmission/ Treatment 11-14-2002 7:30 Improvement Area — Phase 1 11-14-2002 7:30 Wappinger Sewer Transmission/ Treatment Improvement Area — Phase 2 11-14-2002 7:30 Wappinger Sewer Transmission/ Treatment Improvement Area — Phase 3A 11-14-2002 7:30 Central Wappinger Water Improvement Area 11-14-2002 7:30 Wappinger - Cranberry Water Improvement Area 11-14-2002 7:30 Wappinger Park Water District 11-14-2002 7:30 Ardmore Hills Water Improvement Area 11-14-2002 7:30 Central Wappinger Emergency Improvement Area 11-14-2002 7:30 Wappinger Water Improvement Area 1999-2(R) 11-14-2002 7:30 Mid -Point Park Sewer District 11-14-2002 7:30 Fleetwood Sewer District 11-13-2002 7:30 Wildwood Sewer District 11-13-2002 7:30 Watchhill Sewer District 11-13-2002 7:30 North Wappinger Water District 11-14-2002 7:30 Myers Corners II Water District 11-14-2002 7:30 Oakwood Knolls Water District 11-14-2002 7:30 Tall Trees Water Improvement Area 11-13-2002 7:30 Fleetwood Water District 11-13-2002 7:30 Town -wide Ambulance District 11-13 &11-14 7:30 2002 16 F_ F� 10/28/2002.RGM The Town Clerk is hereby directed to post and publish the Notices of the Public Hearing in the forms annexed hereto. Said publications are to be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman Voting Voting Aye Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-305 RESOLUTION CONFIRMING THE WATER RESTRICTIONS FOR TALL TREES WATER IMPROVEMENT AREA The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, by memos dated April 18, 2002 and May 10, 2002, Michael Tremper of CAMO Pollution Control, Inc., the operator of the Tall Trees Water Improvement Area, has indicated that the well production at the Tall Trees well has been declining over the years and without water conservation, water production will soon drop below customer demands; and WHEREAS, Michael Tremper has advised the Town that well production of the Tall Trees water system is currently thirty percent (30%) below normal; and WHEREAS, in any effort to obviate the necessity of trucking water to the water system, Michael Tremper had recommended that he Town declare a Water Emergency restricting the use of water by the customers of the Tall Trees Water Imp4rovement Area; and WHEREAS, in consequence of the decline in water production, Supervisor Joseph Ruggiero has issued Executive Orders commencing 04-17-02 restricting the water usage by customers of the Tall Trees Water Improvement Area 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 determines and confirms that a water emergency exists in the Tall Trees Water Improvement Area and has existed for many months prior hereto. 17 10/28/2002.RGM 3. The Town Board hereby confirms the action of the Supervisor in issuing Executive Orders limiting the use of water by the customers of the Tall Trees Water Improvement Area. 4. The Town Board further confirms that the water emergency will continue for an unspecified time and hereby determines to impose water restrictions on the use of water by customers of the Tall Trees Water Improvement Area. 5. Effective immediately, all Tall Trees Water Improvement Area customers are prohibited from watering lawns, shrubbery and landscaping, washing cars, home siding, sidewalks, driveways, streets or roads, and filling of swimming pools, outdoor spas or tubs. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted At this time, 8:35 p.m., Councilman Colsey moved to go into Executive Session to discuss pending litigation seconded by Councilman Valdati and unanimously carried. The meeting reconvened at 9:55 p.m. with all board members present with the exception of Councilman Bettina. There was no action taken at the Executive Session. Councilman Paoloni moved to close the meeting, seconded by Councilman Valdati and unanimously carried. The meeting adjourned at 9:56 p.m. Gloria J. orse Town C rk im F-1 Town Board Correspondence Log Document # To From Date Received Re 2002CL - 0702 Kathy Pagan 9/17/02 Confirmation Letter 2002CL - 0703 Antonio & Rosalie Licari Chazen Companies 8/8/02 8/26/02 Well Sampling 2002CL - 0704 William Steinhaus 9/17/02 West Nile 2002CL - 0705 Mark Liebermann Al Roberts 9/16/02 VonBurgen Fire 2002CL - 0706 Tatiana Lukianoff Joseph Paggi 9/16/02 9/16/02 Kablaoui Variance Appeal 2002CL - 0707 Supervisor Ruggiero Gerald Richardson 9/16/02 9/18/02 Group Workcamp of Dutchess Cot 2002CL - 0708 Harry Sarviss Joseph Paggi 9/18/02 9/18/02 Wapinger Water Contract 6 2002CL - 0709 Harry Sarviss Charles DelBene 9/12/02 9/16/02 99-2R Contract 6 2002CL - 0710 Harry Sarviss Joseph Paggi 9/12/02 9/16/02 99-211 Contract 6 2002CL-0711 Gerald Terwilliger Joseph Stankavage 9/12/02 9/13/02 99-2R-4 2002CL - 0712 Harry Serviss Charles DelBene 9/11/02 9/13/02 99-2R-6 2002CL - 0713 Community Organization Howland Public Library 9/12/02 9/13/02 Grant Funding 2002CL - 0714 Al Roberts Frank Nicodemus 9/11/02 9/13/02 Mid Hudson Castle 2002CL - 0715 Harry Serviss Joseph Paggi 9/10/02 9/13/02 99-2R Contract 6 2002CL - 0716 Receiver of Taxes 8/02 9/13/02 August Monthly Report 2002CL - 0717 Joseph Ruggiero Robert Walker and Chart 8/30/02 9/13/02 Thank you 2002CL - 0718 Thomas Cusack Joseph Paggi 9/10/02 9/13/02 Chloride Contamination 2002CL - 0719 Joseph Ruggiero Barbara Good 9/11/02 9/13/02 Immunization Program 2002CL - 0720 Town of Wappinger Jack & Jean Vitulli 10/2102 Notice of Claim Friday, October 25, 2002 1 Document # To From Date Received Re 2002CL - 0721 Cheryl Macri Joseph Paggi 10/1/02 10/2/02 Cider Mill Loop 2002CL - 0722 Harry Serviss Joseph Paggi 9/30/02 10/3/02 99-211 Contract 6 2002CL - 0723 Town Clerk Kathleen Williams 10/3/G2 Public Hearing Notice 2002CL - 0724 Town Board Building Inspector 10/2/02 10/2/02 Monthly Report 2002CL - 0725 Harry Serviss Joseph Paggi 9/30/02 10/3/02 99-2R Contract 6 2002CL - 0726 Town Clerk Michael Leonard 10/3/02 Liquor License 2002CL - 0727 Town of W appinger Edward Pietrowski and Ja 9/27/02 10/3/02 Town Community Center 2002CL - 0728 Al Roberts Joseph Paggi 9/30/02 10/1/02 Lot 4 Parsons 2002CL - 0729 Joseph Ruggiero Joseph Paggi 9/12/02 9/16/02 99-2R Contract 6 2002CL - 0730 Harry Serviss Joseph Paggi 9/25/02 9/27/02 99-2R Contract 6 2002CL - 0731 Harry Serviss Joseph Paggi 9/18/02 9/23/02 99-2R Contract 6 2002CL - 0732 Gerald Terwilliger Joseph Stankavage 9/18/02 9/24/02 3A Contract 6 2002CL - 0733 Town Clerk Kathleen Williams 9/23/02. 9/25/02 Public Hearing 2002CL - 0734 Andrew Lent Joseph Davis 9/20/02 9/24/02 DC Landfill 2002CL - 0735 Frank Nicodemus Al Roberts 9/16/02 9/18/02 New Horizons 2002CL - 0736 Ziggy Rutan Gena Rudikoff 9/23/02 9/25/02 Executive Square 2002CL - 0737 Joseph Ruggiero Lawrence Paggi 9/24/02 9/26/02 Milea HV Truck Center 2002CL - 0738 Supervisor and Town Bo Craig Diglio 9/25/02 9/26/02 Old Hopewell Acres 2002CL - 0739 Mark Liebermann Sandra Ireland 9/19/02 9/24/02 New Horizons 2002CL - 0740 Philip DiNonno Richard O Rourke 9/18/02 Cranberry 2002CL - 0741 Tatiana Lukianoff Al Roberts 9/25/02 9/26/02 Performance Motors Friday, October 25, 2002 1 Document # To From Date Received Re 2002CL - 0742 Clay Hiles Sen. Saland 9/26/02 Grant Application 2002CL - 0743 Don Swarts Audra Capogna 9/24/02 9/25/02 Martz Field 2002CL - 0744 Supervisor and Board Carl Wolfson 9/19/02 9/24102 August Report 2002CL - 0745 Peter Cherneff Al Roberts 9/20/02 9/28/02 99-2R 2002CL - 0746 Jerry Owen 9123/02 March Report 2002CL - 0747 Jon Adams Al Roberts 9/20/02 9/24/02 MVK 2002CL - 0748 DCEDC Affordable Housing 2002CL - 0749 Joseph Ruggiero Angela Aiello 9/19/02 9/24/02 Records Request 2002CL - 0750 Joseph Ruggiero Mike Tremper 9/18/02 9/24/02 Chelsea Water Sample 2002CL - 0751 Joseph Ruggiero Mike Galente 9/25102 9/27/02 Laerdal Traffic Light 2002CL - 0752 Tatiana Lukianoff Peter Paggi 10/8/02 10/9/02 Lee Knolls 2002CL - 0753 Supervisor & Town Boar Heather Kitchen 10/7/02 10/9/02 September Reprot 2002CL - 0754 TOW Planning Board 10/14/02 Cranberry Meeting 2002CL - 0755 William Steinhaus 10/4/02 10/9/02 New Release 2002CL - 0756 Joseph Ruggiero Graham Foster 10/9/02 10/10/02 Fuel Usage 2002CL - 0757 Al Roberts Joseph Paggi 10/4/02 10/8/02 Phase 3A 2002CL - 0758 TOW Planning Board Joseph and Peter Paggi 10/5/02 10/8/02 Keenan Acres 2002CL - 0759 Joseph Ruggiero Mike Tremper 10/8/02 10/9/02 Illegal Hydrant Use 2002CL - 0760 Michael Tremper Joseph Ruggiero 10/4/02 10/7/02 Benjamin Construction 2002CL - 0761 Tim Middlebrook Charles DelBene 10/1/01 10/7102 March v. TOW 2002CL - 0762 Joseph Ruggiero Beth Doyle 9/30/02 10/7/02 CDBG Friday, October 25, 2002 Friday, October 25, 2002 Document # To From Date Received Re 2002CL - 0763 Supervisor Ruggiero Michael Tremper 10/3/02 10/7/02 Illegal Hydrant Use 2002CL - 0764 Planning Board Joseph Paggi 10/4/02' Keenan Acres 2002CL - 0765 Peter Cherneff Philip Giamportone 9130/02 .10/7102 Cranberry Hills 2002CL - 0766 Town Board Graham Foster 10/8/02 10/9/02 Property Damage Auto Accident 2002CL - 0767 Supervisor STAR Unit Staff 10/8/02 Ditribution of STAR Aid 2002CL - 0768 Peter Marlow Keenan Acres 10/11/02 10/18/02 Keenan Acres 2002CL - 0769 Al Roberts Mark Liebermann 10/16/02 10/8/02 Von Bergen 2002CL - 0770 Joseph Ruggiero Charles DelBene 10/16/02 10/18/02 Phase 3A 2002CL - 0771 Joseph Ruggiero George Grimshaw 10/7102 10/9102 Resignation Friday, October 25, 2002