2002-05-28 RGMAGENDA
TOWN BOARD TOWN OF WAPPINGER
MAY 28, 2002
7:30 P.M.
• CALL TO ORDER
ROLL CALL, SALUTE TO THE FLAG
PUBLIC HEARING (1)
(1) Proposed Local Law Amending Town of Wappinger Vehicle &
Traffic Code Designating STOP Intersections
• RECEIPT & APPROVAL OF MINUTES: 3/25/02 RGM, 4/08/02 WS,
4/22/02 RGM, 5/13/02 WS.
• SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS
• PRESENTATIONS
Spookhill Recreation Mural Project Volunteer Certificate of Recognition
Presentation
Tall Trees Map, Plan & Report Draft
Project Labor Agreement
Rockingham Wells ---Steve Domber
Fraser Associates ---Greystone
Cooper Mobile Home Park
AGENDA ITEMS
CORRESPONDENCE LOG 2002CL- 0308 TO 2002CL- 0425
PROPOSED RESOLUTIONS
R2002-148
Authorize Marriage License Fee Increase
R2002-149
Authorize Alverez/Smithtown Road Project
R2002-150
Authorize Bidding for Control Tick Spraying
R2002-154
Award Contract for Road Striping
R2002-155
Authorize P.O. to WCSD for Bus Transportation for Summer
Playground and Swim Programs
R2002-156
Rename Private Road at 188 Smithtown Road to Maple Path
R2002-157
Authorize P.O. for use of Deer Hill Conference Center Pool
R2002-158
Appoint Ken Brown to Town Board of Assessment Review
R2002-160
Approve Water Meter Purchase for Water/Sewer Dept.
R2002-164
Authorize Attorney to Defend Lawsuit Against the Town by
Alpine Improvement, LLC
R2002-165
Authorize Town to Submit 2002 Environmental Protection
Fund Grant Application to NYS Office of Parks for Greystone
R2002-172
Authorize Grant Application for Greystone Estate
R2002-166
Authorize Placement of Correspondence Log
R-2002-167
Sports Museum Fundraiser
R2002-168
Oakwood Knolls Water Bonding Resolution
R2002-169 Authorize Engineer to Town Prepare Specs to go out to Bid for
Oakwood Knolls
R2002-170 Authorize Ground Water Study for MTBE in Wappinger Park
R2002-171 Budget Adjustments & Transfers
R2002-173 Adopt Local Law Amending T/W Vehicle & Traffic Code
Designating STOP Intersections
• NEW BUSINESS
• COMMENTS
0 ADJOURNMENT
05/28/2002.RGM
The Regular Meeting of the Town Board of the Town of Wappinger was held
on May 28, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York. SUPERVISOR RUGGIERO opened the meeting at 7:46 p.m.
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, 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
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
RECEIPT & APPROVAL OF MINUTES
The Minutes of the Regular Meeting of March 25, 2002, Workshop Meeting
of April 8, 2002, Regular Meeting of April 22, 2002 and Workshop Meeting of
May13, 2002 having previously been forwarded to the Board Members, were
now placed before them for their consideration.
COUNCILMAN VALDATI moved to accept the above stated Minutes as
submitted by the Town Clerk be and they are hereby approved.
Seconded by COUNCILMAN PAOLONI
Motion Unanimously Carried
SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA
ITEMS.
COUNCILMAN BETTINA moved to suspend the rules for purposes of
public comment on agenda items.
Seconded by COUNCILMAN COLSEY
Motion Unanimously Carried
PRESENTATIONS:
SPOOKHILL RECREATION MURAL PROJECT Volunteer Certificate of
Recognition Presentations. SUPERVISOR RUGGIERO explained that a
grant was funded by the Ronald McDonald House to rehab the Spookhill
Recreation Park. The students from the Wappinger Junior High School Art
class went out there to paint the murals on the building. Teachers from the
Wappingers Congress of Teacher also went to the site and cleaned up the
litter along Spookhill Road. The town is currently working on installing a
new playground set which will be completed in June. SUPERVISOR
RUGGIERO presented Certificates of Appreciation to all the students and
teachers that took part in the project.
TALL TREES MAP, PLAN AND REPORT DRAFT. Jay Paggi, Engineer
to the Town gave a short report and cost on the proposed improvements for
05/28/2002.RGM
Tall Trees. Concurrently while doing the study, the Town Board learned that
the Montclair Townhouse Condominiums which are east of the Tall Trees
Water District, were also experiencing severe declining production of their
wells, and were not able to meet their average daily needs. Therefore, it was
decided to include Montclair in this proposal. Between Tall Trees and
Montclair, there are 378 individual residential dwelling units. Tall Trees
uses about 25,000 gallons of water a day. Montclair flows average about
50,000 per day. To connect into the system would take about 2,500 sq. feet of
pipe and would need a booster station. Meters would be placed in Tall Trees
and a master main would need to be constructed for Montclair. We also need
to construct an elevated storage facility that would take the peek flows from
these units would supply some fire flows to this area and would supply a
daily storage in case there were power outages or a catastrophic event that
would stop the flow of water. The estimated capital cost is about $1.975
million. All this information will be submitted to you in a formal Map, Plan
and Report at the June meeting. NO ACTION TAKEN.
PROJECT LABOR AGREEMENT. Sam Fratto and Jim Redrado,
representing the Dutchess County Building Trades and the IBEW were
present tonight to explained the concept of the Project Labor Agreement. It
is an agreement with the tradesman that would build major construction
projects for the town. Its not an agreement with any contractor. If a job is
put out to bid, any contractor from any location can bid the job. The
contractor who gets the bid must employ people that live in the area. There
is no cost and it saves money because every trade must go by the same set of
rules in the agreement and Project Labor Agreement is also tailored to that
area. NO ACTION TAKEN.
ROCKINGHAM WELLS. John Bodendorf, of Chazen Engineering was
here tonight with Steve Domber of Meadowood Development Corp. There
are several parcels adjacent to Phase II of the Meadowood Development that
are experiencing water problems. Mr. Domber has agreed to extend the
water line to bring water to these parcels when that portion of the
subdivision and the water line is built. There is an agreement in place. As a
result of this agreement the Map, Plan and Report that was created for
Meadowood needs to be revised. Mr. Bodendorf also wished to know who
should be responsible for making the revision and bear the cost. The original
Map, Plan and Report was prepared by Mr. Paggi, Engineer to the Town.
Mr. Paggi explained that if Mr. Domber is authorized to amend the Map,
Plan and Report a Town Board resolution is needed authorizing the change
to the Map, Plan & Report.
2
05/28/2002.RGM
COUNCILMAN VALDATI moved to authorize Mr. Domber to amend Map,
Plan and Report at no cost to the Town.
Seconded by Mr. Paoloni.
Motion Unanimously Carried
FRASER ASSOCIATES
Roger Murman Vice President of Fraser Architectural and Planning firm
informed the Board that his company is proposing to do the master planning
assignment for the Greystone Estates. His company will be the primary
contact for the town throughout the project. They will conduct site and
utility analysis, site designs, produce reports, and be the liaison with the
Town of Wappinger. They also bring a good amount of experience to the field
of Master Planning and historic preservation. Ted Kolankowski, Project
Manager of Fraser Associates explained that part of their plan was how to
pay not only for the project, but their costs to do the planning as well. He
explained that the town can use the value of the purchase price of the
property as a match for the project. The Town would not have to use any of
their funds. Most projects require match. The vision that Fraser Associates
has of the master plan for Greystone is a comprehensive coordinated
document that has three facets. The fiscal facet, cultural/ art and financial.
The team members here tonight will contribute their own expertise to those
facets in a coordinated manner. The fiscal facet will contain a conceptual site
and architectural plan. Along with that they will suggest phasing and will
include budget estimates for those phases. SUPERVISOR RUGGIERO
explained that the resolution before the Town Board tonight would be just for
Grant writing. We also have a $280,000 Grant sitting in the County which is
ours to apply for and actually applied for two years ago. As part of the grant
we must turn over the easement at Greystone as part of the Master Plan.
COOPER ROAD MOBILE HOME PARK
Keith Gullery is here tonight to representing his mother-in-law, Mrs.
Tibbetts the owner of the Mobile Home Park. Mr. Gullery has been
managing the park since 1986. A request was received to add an additional
mobile home in the park. Mrs. Tibbetts had informed Mr. Gullery, that in
the past there were mobile homes on the one deeded section toward the
Delgado property. It was later discovered that the mobile homes that were
on that property back in 1971 were removed because under the R-20 zoning
they were illegal. What Mr. Gullery was intending to do was place two
double wides there. He is here tonight to ask the Town Board for permission
to place the two double wides in that location. The Zoning Administrator
explained that she was approached by Mr. Gullery regarding a building
permit for a new double wide trailer on an existing (predating zoning) Cooper
3
05/28/2002.RGM
Road Mobile Home Park. The park is presently comprised of three lots each
with their own grid, totaling 3.26 acres. When speaking to Mr. Gullery, he
indicated that some homes had previously been removed, and he thought that
this new home would be a replacement for the home that had been removed.
The area is in an R-20 zone. It is a legal non -conforming use, because it
predates zoning. At the time there were 13 trailers that were grandfathered
in, but in 1971 there were 17 trailers, therefore there was a required removal
of 4 of those trailers, which Mr. Gullery spoke of. In researching this issue,
Mr. Roberts explained that Dan Wery, Town Planner, said that this proposal
is not permitted under the zoning. There are three acres translating to 7
dwelling units on that parcel. There are already 13, and with a request for
another unit, the degree of nonconformity would be increased. Discussion
followed. REQUEST DENIED
CORRESPONDENCE LOG 2002 -CL - 0308 TO 2002 -CL - 0425
SEE ATTACHED SHEETS)
COUNCILMAN PAOLINI wished to remove Correspondence 2002- 341 from
the Correspondence Log for discussion.
RESOLUTION NO. 2002-166
RESOLUTION AUTHORIZING PLACEMENT OF
CORRESPONDENCE ON FILE
The following Resolution was introduced by COUNCILMAN COLSEY and
seconded by Councilman Paoloni.
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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
An application for a Hawkers and Peddlers license from Mahmoud
Abuirmailah was placed before the Board this evening for their consideration.
Mr. Colsey wished to know why a letter from the Board of Health was not
attached to the application. Mrs. Morse explained that the applicant was
only going to sell pre-packaged ice cream. Discussion followed.
COUNCILMAN BETTINA moved to accept the application, pending
confirmation from Attorney that the application is complete.
Seconded by Councilman Colsey
:11
n
05/28/2002.RGM
Motion Unanimously Carried
RESOLUTION NO. 2002-148
RESOLUTION TO AUTHORIZE MARRIAGE LICENSE FEE
INCREASE
The following Resolution was introduced by SUPERVISOR RUGGIERO and
seconded by Councilman Bettina
WHEREAS, the Town Clerk currently charges Twenty Dollars ($20.00) to
issue a Marriage License; and
WHEREAS, New York Domestics Relations Law §15 provides that a Town
Clerk is authorized to charge Fifteen Dollars ($15.00) for issuance of a
Marriage License; and
WHEREAS, New York Domestics Relations Law §14-a provides that a Town
Clerk is authorized to charge Ten Dollars ($10.00) for issuance of a
Certificate of Marriage.
NOW, THEREFORE, BE IT RESOLVED, that Gloria J. Morse, Town
Clerk to the Town of Wappinger, is hereby authorized to charge a combined
fee of Twenty Five Dollars ($25.00) for the issuance of a Marriage License
and a Certificate of Marriage.
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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-149
RESOLUTION TO AUTHORIZE THE HIGHWAY DEPARTMENT TO
RECONSTRUCT CURVE ON SMITHTOWN ROAD PURSUANT TO
TOWN ENGINEER'S PLANS AND SPECIFICATIONS
The following Resolution was introduced by COUNCILMAN BETTINA and
seconded by Councilman Valdati.
WHEREAS, the Town desires to straighten a roadway curve located at 178
Smithtown Road; and
WHEREAS, Joseph E. Paggi, Jr., Engineer to the Town of Wappinger, has
prepared a preliminary design plan dated April 3, 2002 to straighten and
reconstruct the aforementioned roadway curve; and
WHEREAS, Graham Foster, Superintendent of Highways to the Town of
Wappinger, has estimated the cost of straightening and reconstructing the
aforementioned roadway curve based upon the preliminary design plan
5
05/28/2002.RGM
prepared by Joseph E. Paggi, Jr., Engineer to the Town of Wappinger dated
April 3, 2002 to be Fifty Thousand Dollars ($50,000.00).
NOW, THEREFORE, BE IT RESOLVED, Joseph E. Paggi, Jr., Engineer to
the Town of Wappinger, is hereby authorized to prepare construction plans
and specifications for the road realignment near 178 Smithtown Road in the
Town.
BE IT FURTHER RESOLVED, that the Highway Department to the Town
of Wappinger is hereby authorized to construct the road improvements to
Smithtown Road pursuant to said plans and specifications.
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 Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-150
RESOLUTION TO AUTHORIZE BIDDING FOR TICK CONTROL
SPRAYING
The following Resolution was introduced by COUNCILMAN PAOLONI and
seconded by Councilman Bettina
WHEREAS, the Recreation Committee recommends the spraying of the
Town of Wappinger Recreation Areas for the control of ticks; and
WHEREAS, the Recreation Committee anticipates the cost of said tick
control spraying to exceed Eight Thousand Dollars ($8,000.00).
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the
Recreation Committee, Ralph J. Holt, is hereby authorized to prepare bidding
specifications for the spraying of Town of Wappinger Recreation Areas for the
control of ticks, and upon completion of said specifications to authorize same
to be let for public bid in accordance with the Town of Wappinger's
Procurement Policy and the letter dated April 8, 2002 from Ralph J. Holt the
Town Board Members.
BE IT FURTHER RESOLVED, that Joseph E. Paggi, Jr., P.E., Engineer to
the Town of Wappinger, is hereby authorized to assist in the preparation of
said specifications.
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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
N
05/28/2002.RGM
RESOLUTION NO. 2002-154
RESOLUTION AWARDING CONTRACT FOR ROAD STRIPING
The following Resolution was introduced by COUNCILMAN COLSEY and
seconded by Councilman Valdati
WHEREAS, the advertisement for bids for road striping of Town roads was
published in the Southern Dutchess News and Poughkeepsie Journal
newspapers on April 8, 2002; and
WHEREAS, bids were opened on April 30, 2002 and reviewed by the
Superintendent of Highways of the Town of Wappinger, Graham Foster; and
WHEREAS, the Superintendent of Highways of the Town of Wappinger,
Graham Foster, has provided an award recommendation to the Town Board.
NOW, THEREFORE, BE IT RESOLVED, that the contract for striping of
Town roads is hereby awarded to Atlantic Pavement Marking, Inc. doing
business at 15 Industrial Road, Prospect, Connecticut 06712, for the price of
$222.00 per mile, in accordance with the award recommendation letter dated
May 1, 2002 from the Superintendent of Highways of the Town of Wappinger,
Graham Foster, to the Town Board.
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 Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-155
RESOLUTION TO APPROVE PAYMENT FOR BUS
TRANSPORTATION
FOR SUMMER PLAYGROUND AND SWIM PROGRAMS
The following Resolution was introduced by COUNCILMAN PAOLONI and
seconded by Councilman Bettina
WHEREAS, the Recreation Committee of the Town of Wappinger requests
authorization to hire the Wappinger Central School District to provide bus
transportation for the Town's summer playground program and swim
program.
NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the
amount of Ten Thousand Dollars ($10,000.00) made payable to Wappinger
Central School District, from Recreation Account No. B-7310.4, for bus
transportation for the Town's summer playground program and swim
program, in accordance with the letter dated May 1, 2002 from Ralph J. Holt,
7
05/28/2002.RGM
Chairman of the Town of Wappinger 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 Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-156
RESOLUTION NAMING THE PRIVATE ROAD
LOCATED AT 188 SMITHTOWN ROAD AS MAPLE PATH
The following Resolution was introduced by COUNCILMAN BETTINA and
seconded by Councilman Valdati.
WHEREAS, in order to comply with the Dutchess County Enhanced 9-1-1
Response Program, the Town must name public and private roads within the
Town; and
WHEREAS, Robert and Barbara Haimelin, Matthew and Lisa Talaber, and
Donald and Loretta Denardo are the owners of the three (3) properties
sharing access to Smithtown Road over an unnamed private roadway located
at 188 Smithtown Road; and
WHEREAS, said owners have requested that the unnamed private roadway
be named Maple Path; and
WHEREAS, Fire Inspector to the Town of Wappinger, Mark Liebermann,
concurs that the unnamed private roadway located at 188 Smithtown Road
should be renamed Maple Path.
NOW, THEREFORE, BE IT RESOLVED, that the unnamed private road
located at 188 Smithtown Road is hereby named Maple Path for all purposes,
pursuant to the letter dated May 1, 2002 from Fire Inspector to the Town of
Wappinger, Mark Liebermann, to 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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-157
RESOLUTION TO AUTHORIZE PAYMENT FOR USE OF
THE DEER HILL CONFERENCE CENTER POOL
The following Resolution was introduced by COUNCILMAN VALDATI and
seconded by Councilman Bettina.
0
11
05/28/2002.RGM
WHEREAS, the Recreation Committee of the Town of Wappinger requests
authorization to rent the Deer Hill Conference Center pool from June 27,
2002 to August 10, 2002 for the Town summer swim program.
NOW, THEREFORE, BE IT RESOLVED, that two (2) payments are
approved in the amount of Four Thousand Dollars ($4,000.00) each, made
payable to Deer Hill Conference Center, from Recreation Account No. B-
7310.4, for use of the Deer Hill Conference Center pool facilities from June
27, 2002 to August 10, 2002 for the Town summer swim program in
accordance with the letter from Ralph J. Holt, Chairman of the Recreation
Committee to the Town of Wappinger, 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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-158
RESOLUTION TO APPOINT KENNETH BROWN TO THE
TOWN BOARD OF ASSESSMENT REVIEW
The following Resolution was introduced by COUNCILMAN VALDATI
and seconded by Councilman Bettina.
WHEREAS, there has been a vacancy on the Town of Wappinger Board of
Assessment Review since the term of Member Kenneth Brown expired
September 30, 2001;
WHEREAS, Keith Carlson, Chairman of the Board of Assessment Review,
has recommended the reappointment of Kenneth Brown to the Town of
Wappinger Board of Assessment Review.
NOW, THEREFORE, BE IT RESOLVED, that Kenneth Brown is hereby
re -appointed to the Town of Wappinger Board of Assessment Review to the
five (5) year term expiring September 30, 2006.
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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-160
RESOLUTION TO APPROVE THE PURCHASE OF WATER METERS
FOR THE WATER/ SEWER BILLING DEPARTMENT
7
05/28/2002.RGM
The following Resolution was introduced by COUNCILMAN VALDATI and
seconded by Councilman Colsey.
WHEREAS, the Building Department regularly maintains an inventory of
new water meters; and
WHEREAS, the Building Department currently has only three (3) water
meters left in inventory; and
WHEREAS, Everett J. Prescott, Inc. located at 198 Ushers Road, Round
Lake, New York 12151 is the Town of Wappinger's sole source for the supply
of said water meters.
NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the
amount of Six Thousand, Nine Hundred and Forty Two Dollars ($6,942.00)
for the purchase of seventy-eight (78) water meters from Everett J. Prescott,
Inc., in accordance with the letter dated May 6, 2002 from Deb Brown, Water/
Sewer Billing Department, 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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 164 2002
RESOLUTION TO DEFEND LAWSUIT AGAINST THE TOWN BY
ALPINE IMPROVEMENT, LLC
The following Resolution was introduced by COUNCILMAN BETTINA and
seconded by Councilman Colsey.
WHEREAS, the Town of Wappinger and the Town Board of the Town of
Wappinger have been served with a Summons and Complaint, Index No.
2002/1991, by Alpine Improvement, LLC; and
WHEREAS, the Town Board of the Town of Wappinger, by its attorneys,
Vergilis, Stenger, Roberts, Pergament & Viglotti, have reviewed said
Summons and Complaint; and
WHEREAS, the Town Board of the Town of Wappinger, after due
deliberations, finds that it is in the best interest of the Town to defend
against said lawsuit.
NOW, THEREFORE, BE IT RESOLVED, that Albert P. Roberts of
Vergilis, Stenger, Roberts, Pergament & Viglotti, Attorney to the Town of
Wappinger, is hereby authorized to take all legal steps necessary to defend
the Town of Wappinger and the Town Board of the Town of Wappinger in the
10
05/28/2002.RGM
lawsuit captioned Alpine Improvement, LLC against the Town of Wappinger
et al., Index No. 2002/1991.
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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-165
AUTHORIZING THE TOWN BOARD OF THE TOWN OF WAPPINGER
TO SUBMIT A 2002 ENVIRONMENTAL PROTECTION FUND GRANT
APPLICATION TO THE NEWYORK STATE OFFICE OF PARKS,
RECREATION AND HISTORIC PRESERVATION FOR THE
CARNWATH MANSION AT GREYSTON ESTATE
The following Resolution was introduced by COUNCILMAN PAOLONI and
seconded by Councilman Bettina.
WHEREAS, the Town Board of the Town of Wappinger will submit a 2002
EPF application for the Town to receive EPF grant funds; and
WHEREAS, in addition to applying for such funds, the Town of Wappinger
will provide matching funds not to exceed 50% of the total project cost; and
WHEREAS, the Supervisor of the Town of Wappinger has requested
authorization to fine grant application to the New York State office of Parks,
Recreation and Historic Preservation for the purpose of preserving Carnwath
Mansion.
NOW THEREFORE, BE IT RESOLVED, that Joseph Ruggiero, Supervisor of
the Town of Wappinger, is hereby authorized and directed to file an
application for funds from the New York State Office of Parks, Recreation
and Historic Preservation in accordance with the provisions of Title 9 of the
Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air
Bond Act of 1996, in the amount not to exceed $5,000,000, and upon approval
of said request to enter into and execute project agreement with the State for
such financial assistance to the Town of Wappinger.
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
Aye
JOSEPH P. PAOLONI, Councilman Voting
Aye
CHRISTOPHER J. COLSEY, Councilman Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002- 172
11
05/28/2002.RGM
RESOLUTION TO AUTHORIZE GRANT APPLICATIONS FOR
THE GREYSTONE ESTATE
The following Resolution was introduced by COUNCILMAN VALDATI and
seconded by Councilman Bettina.
WHEREAS, the Town of Wappinger recently purchased a 99 acre estate
property located on Wheeler Hill Road in the Town of Wappinger, commonly
known as the "Greystone Estate"; and
WHEREAS, the Town of Wappinger desires to investigate development
opportunities for the property and develop a Master Plan for its use; and
WHEREAS, J. Kenneth Fraser and Associates have submitted a proposal to
assist the Town in applying for various Grants to supplement the
development costs for the property.
NOW, THEREFORE, BE IT RESOLVED, that the firm of J. Kenneth
Fraser and Associates with an office at 22 High Street, Rensselaer, New York
12144 is hereby retained to prepare applications for and in the name of the
Town of Wappinger for the following grant funding at a total cost not to
exceed Twenty Five Thousand Dollars ($25,000.00):
Program Due Date Requested
Funds
Environmental Protection Fund 6/14/02 $350,000.00
NYS Council on the Arts Architectural
Planning & Design 3/1/03 $ 10,000.00
Certified Local Government Program Open $ 20,000.00
Preservation League of New York Spring 2003 $ 15,000.00
Hudson River Improvement Fund Summer 2002 $ 20,000.00
Greenway Communities Open $ 25,000.00
Quality Communities or Small Cities Technical
Assistance Fall 2002 $ 25,000.00
Local Waterfront Revitalization Program 6/14/02 $ 20,000.00
10 Private Foundations Open $ 50 000.00
Local "Match Pool" 12/31/02 $ 50,000.00
National Endowment for the Humanities ? $ 10,000.00
National Endowment for the Arts -Save America's
Treasures April 2003 $ 250,000.00
BE IT FURTHER RESOLVED, that Supervisor Joseph Ruggiero is
authorized to enter into a written Contract with J. Kenneth Fraser and
Associates to undertake such work at a cost not to exceed Twenty Five
Thousand Dollars ($25,000.00), the form of said contract to be acceptable to
12
05/28/2002.RGM
the Attorney to the Town and shall contain terms consistent with other
contracts between the Town and professionals employed by the Town.
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
Aye
JOSEPH P. PAOLONI, Councilman Voting
Aye
CHRISTOPHER J. COLSEY, Councilman Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-167
RESOLUTION ENDORSING SPORTS MUSEUM HALL OF FAME
ROAD RACE
Graham Foster, Highway Superintendent had some concerns because the
runners will be running in both directions on Losee Road at the same time,
and we could not close the roads to local traffic. He felt it would present a
dangerous condition. Mr. Foster informed Mr. Ennesser, that this should
have come through him first. Discussion followed. Mr. Ennesser said he
would work up the logistics and run them by Mr. Foster for his input.
COUNCILMAN BETTINA moved to table R2002- 167, seconded by
Councilman Colsey and unanimously carried.
RESOLUTION NO. 2002-168
RESOLUTION AUTHORIZING THE ISSUANCE OF $205,000 SERIAL
BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW
YORK TO PAY THE COST OF THE INCREASE AND IMPROVEMENT
OF THE FACILITIES OF THE OAKWOOD KNOLLS WTE DISTRICT
IN SAID TOWN
The following Resolution was introduced by COUNCILMAN VALDATI and
seconded by Councilman Paoloni.
WHEREAS, pursuant to the proceedings heretofore duly had and taken in
accordance with the provisions of Section 202-b of the Town Law, and more
particularly an order dated May 28, 2002, the Town Board of the Town of
Wappinger, Dutchess County, New York, has determined it to be in the
public interest to increase and improve the facilities of the Oakwood Knolls
Water District in said Town, at a maximum estimated cost of $205,000; and
WHEREAS, said capital project, as proposed, has been determined to be a
Type II Action pursuant to the regulations of the New York state Department
of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which regulations state that Type II
Actions will not have a significant effect on the environment ;and
WHEREAS, it is now desired to authorize the financing of such capital
project; and NOW, THEREFORE, BE IT
13
05/28/2002.RGM
RESOLVED, by the Town Board o the Town of Wappinger, Dutchess County,
New York, as follows:
Sectionl. For specific object or purpose of paying the cost of the
increase and improvement of the facilities of the Oakwood Knolls Water
District in the Town of Wappinger, Dutchess County, New York, consisting of
the purchase and installation of an eight inch ductile iron pipe water main
from the interconnection of Spookhill Road and Myers Corners Road to the
intersection of Roberts Lane and Myers Corners Road for the purpose of
connecting the Oakwood Knolls Water District to the Central Wappinger
Water Improvement Area to provide a new source of water supply for the
Oakwood Knolls Water District, including the purchase an installation of
pressure reducing facilities, interconnections and new residential water
meters and the disconnection and abandonment of the existing components of
the Oakwood Knolls source supply and storage systems, including incidental
expenses in connection therewith, there are hereby authorized to be issued
$205,000 serial bonds of said Town pursuant to the provisions of the Local
Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of
said specific object or purpose is $205,000, and that the plan for the financing
of the aforesaid specific object or purpose is by the issuance of the $205,000
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 40 years, pursuant to
subdivision 1 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, an
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 to the payment of the
principal of and interest on such obligations 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 obligations becoming
due and payable in such year.
14
05/28/2002.RGM
Section 6. Such bonds shall be in fully registered form and shall be
signed in the name of the Town of Wappinger, Dutchess County, New York,
by the manual of facsimile signature of the Supervisor and a facsimile of its
corporate seal shall be imprinted or impressed 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,
conduction 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 he shall deem best for the interest of the
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 purchaser of
such bonds, who shall bot be obliged to see to the application of the purchase
money.
Section 8. All 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 it Supervisor, providing
for the manual countersignature of fiscal agent or of a designated official of
the Town), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other
issues, shall be determined by the Supervisor. It is hereby determined that it
is to be 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 an 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 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
15
05/28/2002.RGM
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 to commence within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of
the Constitution.
Section 10. This resolution shall constitute a statement of official
intent for purposed of Treasury Regulations Sections 1.150 — 2. Other
than as specified in this resolution, no monies are, or are reasonably
expected to be, reserved, allocated on long term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose
described herein.
Section 11. This resolution which takes effect immediately shall be
published in the Southern Dutchess News, the official newspaper,
together with notice of the Town Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-169
RESOLUTION AUTHORIZING ATTORNEY AND ENGINEER TO
DESIGN IMPROVEMENTS AND TO PROCEED TO BID ON
PROPOSED IMPROVEMENTS OF FACILITIES FOR THE OAKWOOD
KNOLLS WATER DISTRICT
The following Resolution was introduced by COUNCILMAN COLSEY and
seconded by Councilman Bettina.
WHEREAS, the Town Board has previously adopted a Map, Plan and Report
for an increase and improvement of facilities for the Oakwood Knolls Water
District, proposing to interconnect the Oakwood Knolls Water District to the
Central Wappinger Water Improvement Area; and
WHEREAS, the Town Board conducted a Public Hearing on the proposed
improvements on February 28, 2002 at 7:45 p.m.; and
WHEREAS, at the Town Board's regular meeting on May 28, 2002 at 7:30
p.m. prevailing time, the Town Board adopted a Public Interest Order
authorizing the increase and improvement of the facilities of the Oakwood
05/28/2002.RGM
Knolls Water District in accordance with the aforementioned Map, Plan and
Report; and
WHEREAS, at the Town Board's regular meeting on May 28, 2002 at 7:30
p.m. prevailing time, the Town Board adopted a Resolution authorizing the
issuance of Two Hundred and Five Thousand Dollars ($205,000.00) serial
bonds of the Town of Wappinger to pay the costs of the increase and
improvement of the facilities at the Oakwood Knolls Water District as set
forth in the aforementioned Map, Plan and Report; and
WHEREAS, the Resolution authorizing the issuance of Two Hundred and
Five Thousand Dollars ($205,000.00) serial bonds of the Town of Wappinger
also directed that a copy of the Resolution be published in the official
newspaper of the Town in accordance with §81 of the Local Finance Law
(Estoppel Notice).
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.
Twenty-one (21) days after the date of publication of the Resolution
authorizing the issuance of Two Hundred and Five Thousand Dollars
($205,000.00) serial bonds of the Town of Wappinger, the firm of Paggi,
Martin & Del Bene, LLP with an office at 54-56 Main Street, Poughkeepsie,
New York, Engineers to the Town of Wappinger and the Oakwood Knolls
Water District, are hereby authorized to undertake the design and
preparation of the plans and specifications of the improvements set forth in
the aforementioned Map, Plan and Report and upon completion of the plans
and specifications, said Engineers are authorized to advertise same for bid in
accordance with the provisions of §103 of General Municipal Law of the State
of New York and the Town of Wappinger Procurement Policy.
Albert P. Roberts of the firm Vergilis, Stenger, Roberts, Pergament &
Viglotti, LLP, Attorneys to the Town, is hereby authorized to undertake such
legal work as is necessary to implement the work set forth in the
aforementioned Map, Plan and Report.
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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-170
17
05/28/2002.RGM
RESOLUTION AUTHORIZING HYDRO -GEOLOGICAL STUDY
The following Resolution was introduced by COUNCILMAN VALDATI and
seconded by Councilman Paoloni.
WHEREAS, over the course of the last several years there have been three
(3) gasoline and/ or petroleum spills on three (3) separate properties located
at the intersection U.S. Route 9 and Old Hopewell Road in the Town of
Wappinger; and
WHEREAS, there are numerous public water supplies, residential wells
and one (1) public water system in the near vicinity of these gasoline and/or
petroleum spills; and
WHEREAS, recent water tests at the Wappinger Park Water District have
indicated that one well tested at 1 part per billion of MTBE in the water
supply and a second well tested at 4.7 parts per billion of MTBE in the water
supply; and
WHEREAS, the Town Board wishes to determine whether the gasoline and/
or petroleum spills have impacted the drinking water of the Town's residents;
and
WHEREAS, the Town Board wishes to conduct a hydro -geological study in
the vicinity of U.S. Route 9 and Old Hopewell Road to determine ground
water movement in the area of these spills and its effect on MTBE and/ or
other contaminant infiltration's into the drinking water in said vicinity; and
WHEREAS, the firm of Leggette, Brashears & Graham Professional Ground
Water and Environmental Engineering Services, with an office at 126
Morrison Turnpike, Trumbull Connecticut 0661, in a qualified engineering
firm specializing in hydro -geological studies and is capable of doing the
necessary testing to determine the ground water movement.
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.
Supervisor Joseph Ruggiero is hereby authorized to retain the firm of
Leggette, Brashears & Graham Professional Ground Water and
Environmental Engineering Services to conduct a hydro -geological study to
determine ground water movement in the vicinity of U.S. Route 9 and Old
Hopewell Road in the Town of Wappinger and to further determine the
effects of ground water movements on MTBE and other contaminate
infiltration into the drinking water supplies in the vicinity of U.S Route 9 and
Old Hopewell Road.
Supervisor Joseph Ruggiero is hereby authorized to enter into a Contract
with such engineering firm for the services above specified and to enter into a
in
05/28/2002.RGM
Contract for same at a cost not to exceed Twenty Five Thousand Dollars
($25,000.00) for such study and report.
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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2002-171
RESOLUTION AUTHORIZING BUDGET ADJUSTMENT AND
TRANSFERS
The following Resolution was introduced by COUNCILMAN VALDATI and
seconded by Councilman Bettina.
WHEREAS, the Comptroller to the Town of Wappinger, Gerald A.
Terwilliger, has recommended certain amendments to the budget as set forth
in a memo dated May 20, 2002.
NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The recitations above set forth re incorporated in this Resolution as
if fully set forth and adopted herein
2. The Town Board Hereby authorizes the following amendments to
the Town of Wappinger Budget adopted for the calendar year 2002:
(a) General Fund ---Budget Amendment
Increase A1410.200 Town Clerk Equipment $ 2,000.00
A1410.499 Records Management Consultant 10,000.00
Increase A0599 Appropriated Fund Balance 12,000.00
To adjust budget for Resolution #79-2002 adopted by T/Board
January 28, 2002.
(b) General Fund – Budget Amendment
Increase Al110.199
Justice Court P.S.—Comp time
$ 3,000.00
A1220.199
Supervisor P.S. ---Comp time
2,100.00
A1315.199
Comptroller P.S. ---Comp time
2,500.00
A1330.199
Tax Collector --- Comp time
1,000.00
A1410.199
Town Clerk --- Comp time
950.00
A1620.199
Building Main P.S. Comp time
1,600.00
A7020.199
A7110.199
Culture/Rec P.S. ---Comp time
Park P.S. ---Comp time
750.00
2,500.00
A7620.199
Sr. Citizen/Rec P.S. –Comp time
1,500.00
A9030.800
Social Security
990.00
A9035.800
Medicare
230.00
Increase A0599
Appropriated Fund Balance
$17,120.00
To adjust
budget change in policy for Compensatory Time.
The foregoing was put to
a vote which resulted as follows:
19
05/28/2002.RGM
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman
Voting
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION 2002 NO. 173
RESOLUTION ADOPTING LOCAL LAW AMENDING
THE TOWN OF WAPPINGER VEHICLES AND TRAFFIC CODE
DESIGNATING STOP INTERSECTIONS
The following Resolution was introduced by COUNCILMAN PAOLONI and
seconded by Councilman Valdati.
WHEREAS, a Resolution was duly adopted by the Town Board of the Town
of Wappinger introducing a proposed Local Law entitled "Local Law No. #8 of
the Year 2002, Amending the Town of Wappinger Code Designating Stop
Intersections" for consideration of adoption by the Town Board; and
WHEREAS, a Public Hearing was duly advertised in the Southern
Dutchess News, the official newspaper of the Town; and
WHEREAS, a Public Hearing was held on May 28, 2002 and all parties in
attendance were permitted an opportunity to speak on behalf of or in
opposition to said proposed Local Law or any part thereof; and
WHEREAS, the Town Board determined that the proposed Local Law was
not subject to environmental review; and
WHEREAS, the Town Board of the Town of Wappinger after due
deliberation, finds that it is in the best interest of the Town to adopt said
Local Law.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the
Town of Wappinger hereby adopts the Local Law entitled "Local Law No. 8 of
the Year 2002, Amending the Town of Wappinger Code Designating Stop
Intersections", a copy of which is attached hereto and made a part of this
Resolution; and
BE IT FURTHER RESOLVED that the Town Clerk is directed to enter
said Local Law and the minutes of this meeting into the Local Law book for
the Town of Wappinger and to give due notice of the adoption of said Local
Law to the Secretary of State of New York.
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
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
20
05/2812002.RGM
NEW BUSINESS
COUNCILMAN VALDATI wished to comment on the Gas Station at the
corner of Old Hopewell Road and Route 9. It is very unsightly. Is there
anything being done about this? Al Roberts, Attorney to the Town informed
the board that he does have a memo coming out on the Gas station that he
wishes Supervisor Ruggiero to see first before discussing it.
COUNCILMAN BETTINA on the Chelsea Desk top study, he wished to get
that going and have the water options include the Chelsea Ridge Apartments.
COUNCILMAN COLSEY on the architects letter regarding the leak over
entrance canopy. SUPERVISOR RUGGIERO announced that it has been
repaired at no cost to the town.
COUNCILMAN PALONI wished to know the next step as far as sewers is
concerned. Jay Paggi, Engineer to the Town explained that we are supposed
to get a response back from the commission
COUNCILMAN PAOLONI had a question on CL -2002-0341, Baracci
complaint. In his response to the Town Board from Mr. Roberts, Attorney to
the Town explained, discharging firearms within 500 feet of a residence is a
State Law. Unfortunately, there is a general exemption for pistol
associations which preexisted surrounding developments. This matter should
be reported to the Pistol Association of St. Nicholas Road. Several years ago,
they did take some measures to further ensure that no stray bullets would
escape the range. To his knowledge, this is the first complaint since those
changes were made.
SUPERVISOR RUGGIERO wished to know if there were any further
comments or questions from the public on any item that was not on the
Agenda.?
A resident of Brothers Road was recognized, and she complained about the
deep ditch next to her home, without a cover and filled with water.
She was wondering if there was something that could be done. Discussion
followed. Mr. Foster explained that it was not a big job and could be done.
He would inspect the area and report back to the Town Board.
There was no other business to come before the Board.
COUNCILMAN BETTINA moved to close the meeting, seconded by
Councilman Valdati and unanimously carried.
The meeting adjourned at 9:55 p.m.
Gloria J. M s
Town Cler
21
Town Board Correspondence Log
Document # To
From
Date
Received
Re
Agenda
2002CL - 0308 Town Board
Graham Foster
4/5102
4/5/02
Fire Hydrant At Highway
5/27/2002
2002CL - 0309 Jon Adams
Emanuel Saris
2/11/02
2/14/02
Rawls Leisure Living
5/27/2002
2002CL-0310 Mike Tremper
Charles Del Bene
4/5/02
4/10/02
Phase 3A
5/27/2002
2002CL - 0311 Karl Seebruch
Joseph Paggi
4/5/02
4/9/02
Gunderud
5/27/2002
2002CL - 0312 Gary Corbet
Joseph Ennesser
4/7/02
4/9/02
Park Destruction
5/27/2002
2002CL - 0313 Louis Viglotti
AI Roberts
4/8/02
4/9/02
Fire Hydrant
5/27/2002
2002CL - 0314 Joseph Ruggiero
Joseph Paggi
4/10/02
4/12/02
Cranberry
5/27/2002
2002CL - 0315 Peter Chemeff
Al Roberts
4/10/02
4/12/02
Cranberry
5/27/2002
2002CL - 0316 Joseph Ruggiero
Joseph Paggi
4/9/02
4/12/02
Wappinger Park Water Improvement
5/27/2002
2002CL - 0317 Andrew Mihans
Joseph Ennesser
4/12/02
4/12/02
Town of Wappinger Community Day
5/27/2002
2002CL - 0318
CAMO
4/12/02
T of W Average Daily Flow
5/27/2002
2002CL - 0319
William Steinhaus
4/11/02
4/15/02
News Release
5/27/2002
2002CL - 0320 Carol Rusig
Al Roberts
4/11/02
4/15/02
Building Permit and CO
5/27/2002
2002CL - 0321 Gloria Morse
Patricia Hohmann
4/10/02
4/15/02
Reapportionment Meeting
5/27/2002
2002CL - 0322
Zoning and Planning Boa
4/1/02
4/15/02
Monthly Report
5/27/2002
2002CL - 0323 Joseph Ruggiero
Michael Tremper
4/5/02
4/9/02
Wappinger Park Water Main Bypass
5/27/2002
2002CL - 0324 Joseph Ruggiero
Carl Wolfson
4/18/02
4122/02
Local Speed Ordianance
5/27/2002
2002CL - 0325 Supervisor & Town Boar
Barbara Roberti
4/19/02
4/22/02
Performance Motors
5/27/2002
2002CL - 0326 Planning Board
Joseph Paggi
4/18/02
4/22/02
Shamrock Hills Subdivision
5/27/2002
Tuesday, May 21, 2002 Page 1 of 6
Document # To
From
Date
Received
Re
Agenda
2002CL - 0327 Montclair Condominium
Karl Seebruch
4/22/02
4/22/02
Violations
5/27/2002
2002CL - 0328 Town Clerk
Susan Miller
4/19/02
4/22/02
Public Hearing
5/27/2002
2002CL - 0329 Joseph Ruggiero
Al Roberts
4/18/02
4/19/02
Executive Order no. 1
5/27/2002
2002CL - 0330 Town Board
Joseph Paggi
4/15/02
4/19/02
City of Pough Water Treatment
5/27/2002
2002CL - 0331 Peter Cherneff
Gloria Morse
4/23/02
4/23/02
Cranberry Hills
5/27/2002
2002CL - 0332 Supervisor & Town Boar
Peter Paggi
4/22/02
Spookhill Recreation
5/27/2002
2002CL - 0333 Town Board
Barbara Roberti
4/19/02
4/22/02
Fees for Zoning
5/27/2002
2002CL - 0334 Supervisor
Padma Reichwald
4/17/02
Fundraiser
5/27/2002
2002CL - 0335 Joseph Ruggiero
Al Roberts
4/15/02
4/16/02
Recycling Center
5/27/2002
William Steinhouse
Single Family Home Shortage
5/27/2002
2002CL - 0336 Supervisor
2002CL - 0337 Dan O'Connor
Michael Tremper
4/18/02
5/27/2002
2002CL - 0338 Lukianoff, Ruggiero, Rob Lawrence Rabine
4/12/02
4/18/02
Jacob Lavian
5/27/2002
2002CL - 0339 Joseph Ruggiero
Mark Liebermann
4/19/02
Montclair Condos
5/27/2002
2002CL - 0340 Joseph Ruggiero
Don Swartz
4/23/02
4/23/02
Vehicle Accident of 4/16/02
5/27/2002
2002CL - 0341 Joseph Ruggiero
Al Roberts
4/1/02
4/3/02
Boracci Complaint
5/27/2002
2002CL - 0342 Joseph Berger
Charles DelBene
4/15/02
4/16/02
Phase 3A
5/27/2002
2002CL - 0343
Gloria Morse
4/8/02
4/16/02
4/8 Summary
5/27/2002
2002CL - 0344 Town Clerk
Town of LaGrange
4/15/02
4/16/02
Public Hearing
5/27/2002
Cellular 911 Calls
5/27/2002
2002CL - 0345 Supervisors and Mayors
Joan Pagones
2002CL - 0346 Lawrence Rabine
Al Roberts
4/22/02
4/23/02
Performance Motors
5/27/2002
2002CL - 0347
William Steinhouse
4/19/02
4/23/02
Highway Cleanup
5/27/2002
Tuesday, May 21, 2002
Document # To
From
Date
Received
Re
Agenda
2002CL - 0348 Richard Cantor
Al Roberts
4/22/02
4/23/02
Constance Smith
5/27/2002
2002CL - 0349 Al Roberts
Joseph Paggi
4/15/02
4/19/02
Sherwood Heights
5/27/2002
2002CL - 0350 Supervisor & Town Boar
Peter Chemeff
4/16/02
4/18/02
Cranberry Hills
5/27/2002
2002CL - 0351 Joseph Ruggiero
Charles DelBene
4/15/02
4/19/02
Phase 3A
5/27/2002
2002CL - 0352 Michael Tremper
Peter Paggi
4/14/02
4/19/02
Tall Trees
5/27/2002
2002CL- 0353 Gregory Supple
Al Roberts
4/16/02
4/19/02
Fleetwood
5/27/2002
2002CL - 0354 Constance Smith
Comptrollees Office
1/7102
4/19/02
Health Insurance Premium for 2002
5/27/2002
2002CL - 0355 Fishkill Watershed Super
David Burns
4/17/02
4/19/02
Symposium
5/27/2002
2002CL - 0356 Daniel Stone
Joseph Paggi
4/26/02
4/29/02
DC Air Prot Land Fill
5/27/2002
2002CL - 0357 Al Roberts
Joseph Paggi
4/26/02
4/29/02
Sherwood Heights Subdivision
5/27/2002
2002CL-0358 Richard Cantor
Al Roberts
4/25/02
4/29/02
Constance Smith
5/27/2002
2002CL - 0359 Joseph Ruggiero
Craig Kominoski
4/29/02
Revised Residentioal Assessment ratio
5/27/2002
2002CL - 0360 Carl Wolfson & Joseph R
AI Roberts
4/24/02
4/29/02
Speed Limit Local Law
5/27/2002
2002CL - 0361 Melina Makris
Florence Graff
4/24/02
4/24/02
Speaking for Conservation
5/27/2002
2002CL - 0362 Supervisor
Roger Akeley
4/24/02
Riverhead Has Plan to Save Space
5/27/2002
2002CL - 0363 Town
Jennifer Cocoaa
4/24/02
4/26/02
Telecommunications Towers
5/27/2002
2002CL - 0364 Supervisor
Joseph Paggi
4/24/02
4/27/02
Myers Elm. Sewer
5/27/2002
2002CL - 0365 Supervisor
DC Executive
4/23/02
4/27/02
Median Price for Homes in Rockland
5/27/2002
2002CL - 0366 Town of Wappinger
CH Energy Group
4/02
Storm Preparation and Electric Service
5/27/2002
2002CL - 0367 Graham Foster
Joe Ennesser
4/23/02
4/25/02
Dock Installation
5/27/2002
2002CL - 0368 Zoning and Building
Graham Foster
4/23/02
4125/02
Town Right of Way's
5/27/2002
Tuesday, May 21, 2002 Page 3 of b
Document # To
From
Date
Received
Re
Agenda
2002CL - 0369 Joseph Ruggiero
Don Swartz
4/23/02
4/25/02
Vehical Accident
5/27/2002
2002CL - 0370 Town Clerk
Susan Miller
4/22/02
4/25/02
Public Hearing
5/27/2002
2002CI. - 0371 Joseph Ruggiero
Phil Giapoti
4/25/02
4/25/02
Spookhill Recreation
5/27/2002
2002CL - 0372 Tatiana Lukianoff
Mark Liebermann
5/1/02
5/1/02
Elgen Assoc.
5/27/2002
2002CL - 0373 Rec. Director Applicants
Ralph Holt
4/30/02
5/2/02
Applications
5/27/2002
2002CL - 0374 William Steinhaus
Supervisor
4/30/02
5/2/02
News Release
5/27/2002
2002CL- 0375 Neil Winner
Joseph Stankavage
5/1/02
5/2/02
992R4
5/27/2002
WCSD
5/2/02
Meeting
5/27/2002
2002CL - 0376
2002CL - 0377 Planning Board
Joseph Paggi
4/29/02
5/2/02
Cranberry Hills
5/27/2002
2002CL - 0378 Daniel O'Connor
Joseph Paggi
4130/02
5/2/02
Pondview Ejector Station
5/27/2002
2002CL - 0379 Al Roberts
Joseph Paggi
5/1/02
5/2/02
Kablaoui Subdivision
5/27/2002
5/6/02
Bring Hudson River Water to Residents
5/27/2002
2002CL - 0380 Supervisor
Scott chase
2002CL - 0381 Supervisor
Roger Connor
4/29/02
5/3/02
Cablevision
5/27/2002
2002CL - 0382 Joseph Ruggiero
Charles DelBene
4/30/02
5/3/02
Phase 3A Resident Concerns
5/27/2002
2002CL - 0383 Graham Foster
W. Stephen Capowski
5/2/02
5/6/02
Mosquito Control
5/27/2002
2002CL - 0384 Gerald Terwilliger
Charles DelBene
5/2/02
5/6/02
Phase 3A
5/27/2002
2002CL - 0385 Gloria Morse
Thomas Madison
5/2/02
5/6/02
Resolution 136
5/27/2002
2002CL - 0386 David Compagni
Charles DelBene
5/7/02
5/7/02
Phase 3A
5/27/2002
2002CL-0387 Robert Valdati
Charles DelBene
4/29/02
5/1/02
Phase 3A
5/27/2002
2002CL - 0388
Recreation Committee
4/2/02
5/8/02
April Minutes
5/27/2002
2002CL - 0389 Peggy Roe
Joseph Paggi
4/30/02
5/2/02
Martz Field
5/27/2002
Page 4 of
Tuesday, May 21, 2002
Document # To
From
Date
Received
Re
Agenda
2002CL- 0390 Town Clerk
Kathleen Williams
4/25/02
5/1/02
Public Hearing
5/27/2002
2002CL - 0391 Town Board
Building Inspector
5/1/02
5/1/02
Building Inspectors Report
5/27/2002
2002CL - 0392 Joseph Ruggiero
Michael Tremper
4/25/02
4/30/02
Joint Landfill Tire Removal
5/27/2002
2002CL - 0393
Gloria Morse
5/1/02
Minutes of 4/8/02 Wprkshop
5/27/2002
2002CL - 0394 HOA Members
Gena Rudikoff
5/7/02
5/10/02
Woodhill Green Public Water Supply
5/27/2002
2002CL - 0395 Joseph Ruggiero
Joseph Ennesser
4/29/02
5/10/02
Boat Ramp
5/27/2002
2002CL - 0396 Joseph Ruggiero
Peter Paggi
5/10/02
5/10/02
Spookhill Recreation Center
5/27/2002
2002CL - 0397 Neil Winner
Joseph Stankavage
5/9/02
5/10/02
99-21Z
5/27/2002
2002CL - 0398 Ralph Holt
Peter Paggi
5/8/02
5/10/02
Spookhill Road Recreation Site
5/27/2002
2002CL - 0399
William Stenhaus
5/7/02
5/10/02
Ground Breaking for New Aircraft Hangers at DC
5/27/2002
2002CL - 0400 David Compagni
Charles Del Bene
5/7102
5/10/02
Phase 3A
5/27/2002
2002CL - 0401 Ralph Marinaccio
Peter Paggi
5/8/02
5/10/02
Anvil Court
5/27/2002
2002CL - 0402 Joseph Ruggiero
Thomas Griffan
4/26/02
5/9/02
Certificate of Frachise Assessment
5/27/2002
2002CL - 0403 Mark Reisman
Al Roberts
4/24/02
4/25/02
Montclair
5/27/2002
2002CL - 0404 Town Board
Joseph Stankavage
5/6/02
5/8/02
Pase 3A
5/27/2002
2002CL - 0405 Joseph Ruggiero
Gov.Pataki
5/7/02
5/13/02
Code Modifications
5/27/2002
2002CL - 0406 Supervisor Ruggiero
Roger Akeley
5/13/02
5/15/02
Service Road
5/27/2002
2002CL - 0407 Joseph Ruggiero
Joseph Paggi
5/14/02
5/15/02
Tall Trees Water
5/27/2002
2002CL - 0408 Tatiana Lukianoff
Joseph Paggi
5/13/02
5/15/02
E&S Overhead Doors
5/27/2002
2002CL- 0409 Joseph Ruggiero, Graham Al Roberts
5/13/02
5/15/02
Fire Hydrant
5/27/2002
2002CL - 0410 Gloria Morse
Stephen Saland
5/8/02
5/13/02
Resolution 2002-136
5/27/2002
Page 5 of
Tuesday, May 21, 2002
Document # To
From
Date
Received
Re
Agenda
2002CL - 0411 Town Clerk
Dorothy Mekeel
4!30/02
5/13/02
Com P Proposal
Comprehensive Plan re
5/27/2002
Darlene Bellis
5/13/02
Public Hearing
5/27/2002
2002CL - 0412
2002CL - 0413 Joseph Ruggiero
Michael Tremper
5/10/02
5/13/02
Tall Trees Wells Redevelopment
5/27/2002
2002CL - 0414 Joseph Ruggiero
Peter Paggi
5/10/02
5/13/02
Spook Hill Rec. Site
5!27!2002
2002CL - 0415 John Lathrop
Don Swartz
5/13/02
5/13/02
Entry Canopy Leak
5/27/2002
2002CL - 0416 Peter Chemeff
Gloria Morse
5/10/02
Cranberry Hills
5/27/2002
5/8/02
5/10/02
Arby's Rest. Application for Conceptual Review
5/27/2002
2002CL - 0417
Headlee Management
2002CL - 0418 Supervisor
Peter Cannito
5/5/02
5/10/02
One Day Get Aways
5/27/2002
Public Hearing
5/27/2002
2002CL - 0419
Metro Transportation Aut
2002CL - 0420 Thomas Schiesel
Michael Tremper
5/6/02
5/10/02
water leak
5/27/2002
2002CL - 0421 Supervisor &Board
Heather Kitchen
5/6/02
5/10/02
April 2002
5/27/2002
2002CL - 0422
Receiver of Taxes
4/02
5/10/02
Monthly Report
5/27/2002
2002CL - 0423 Supervisor and Board
Carl Wolfson
5/7/02
5/10/02
April 2002
5/27/2002
2002CL - 0424 Mike Ostrow
Tatiana Lukianoff
5/7/02
5/10/02
Friendly Mercedes
5/27/2002
2002CL - 0425 Town of Wappinger
NYSDEC
5/13/02
'Greer Toyota
5/2712002
Page 6 of 6
Tuesday, May 21, 2002
05/28/2001.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
May 28, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the proposed Local Law Amending the Town of Wappinger
Vehicles & Traffic Code Designating STOP signs.
Supervisor Ruggiero opened the meeting at 7:30 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Christopher Colsey, Councilman
Joseph Paoloni, Councilman
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town.
Gloria J. Morse
The Town Clerk offered for the record, the Affidavit of Posting and
Publication duly signed and notarized. (These Affidavits are attached hereto
and made part thereof the Minutes of this Hearing).
At this time, SUPERVISOR RUGGIERO introduced Graham Foster,
Highway Superintendent. Mr. Foster explained that he was contacted by
several residents on the Gold Road area. Upon inspection, he recommended a
STOP sign at the intersection of Dose & Brothers Road at both ends where it
intersects with Brothers Road. Also on Gold Road where it comes onto
Brothers, and also on Shale Drive where it comes on to Montfort Road. They
are all T intersections and come under STOP sign regulations.
SUPERVISOR RUGGIERO wished to know if there were any questions or
comments from the audience regarding the placement of the STOP signs.
Jackie Alfano of Brothers Road would recommend a STOP sign on the
intersection of Dose Road and Brothers Road, on Brothers Road in order to
prevent the cars from speeding down the hill. Mr. Foster answered that in
the past he has gone on record as not recommending STOP signs to control
speed. There have been some cases where the Town Board has erected STOP
signs on Kent Road, Alpert Drive and Tor Road, but they were not
recommended by the town professionals or his office. Herb Ilker of 17 Shale
Drive was in favor of the Stop sign on Shale and Montfort, but feels there is a
site problem when coming out of Shale to Montfort. If you don't stop you will
get hit. Most of the drivers already stop there now. He would recommend
the Town to consider taking a foot or two off the top of that hill to give you
longer site distance on the left hand side so you can see the cars coming down
the hill. He does not know why it has not been proposed earlier.
COUNCILMAN RUGGIERO said that this was a very good point, and we
could look into improving the line of site in that area. Joe Cash of 35
1
05/28/2001.PH
Montfort Road felt the stop sign would do nothing. People have to stop
anyway to turn right or left. He waits outside with his children for the
school bus in the morning and has seen many near misses. Cars traveling
south on Montfort going down the hill don't see the people trying to come out
of Shale. There are also trees hampering the site distance. Mr. Foster
informed Mr. Cash that after he called in regards to the brush, it was
removed and there is the best possible site distance you can get now
measured 12 feet back on Shale Drive looking north on Montfort. Mr.
Vivalda who lives on the corner of Montfort and Shale felt a stop sign should
be there but did not feel it would work. The problem is the dip just before the
little hill coming down to Shale Drive. Many of the cars are driving 50 mph
or faster. Mr. Foster explained that this has been compounded by the fact
that New York State would not let the Town lower the speed limit on
Montfort Road. If we were able to lower the speed limit to 30 mph as we had
tried several years ago, it would have helped the situation. Now you can
legally drive at 40 mph. Mr. Foster said he and Jay Paggi, would go and
inspect the site.
There were no further comments or questions from the audience.
COUNCILMAN PALONI moved to close the Public Hearing, seconded by
Councilman Bettina and unanimously carried.
The Public Hearing closed at 7:45 p.m.
Gloria J. Morse
Town Clerk
X
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF
NOTICE OF PUBLIC HEARING ON
LOCAL LAW AMENDING TOWN OF
OF WAPPINGER, VEHICLES &
TRAFFIC CODE DESIGNATING
STOP INTERSECTIONS
STATE OF NEW YORK)
)ss:
COUNTY OF DUTCHESS)
POSTING
GLORIA J. MORSE, being duly sworn deposed and says:
That she is duly elected, qualified and acting Town Clerk of the Town of
Wappinger, County of Dutchess and State of New York. That on May 10,
2002 deponent posted a copy of the attached notice of Public Hearing on
the proposed Local Law Amending the Town of Wappinger Vehicles and
Traffic Code designating Stop intersections, on the sign board
maintained by your deponent in her office in the Town Hall of the Town
of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County,
New York.
GLORIA J. MO E
Town Clerk
Town of Wappinger
Sworn to before me the
day of , 2002
NOTARY PUBLIC
ALBERT P. ROBERTS
NOTARY PUBLIC, State of New York
Qualified in Dutchess County
Commission Expires feb.'28.20
4d %
NOTICE OF PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN that the
Town Board of the Town of Wappinger
will conduct a PUBLIC HEARING on
the 28 day of May, 2002, at 7:30 p.,.
I v 7,,
at the Town Hall, Town of Wappingsr,
20 Middlebush Road,. Wappingers
Falls, Newyork, at which time all par-
J
t i j1" 1
i
ties In interest and citizens shall have
an opportunity to be heard as to
whether the TOM Board of the Town
of Wappinger shall adopt a proposed
Local Law entitled 'Local Law No.
of the Year 2002, Amending the
Town 01WIPPIngerVehicles andTraf-
fic Code Designating Stop Intersec-
tions.'
PLEASE TAKE FURTHER NOTICE
that the Purpose and Intent of the pro -
Posed Local Law is to amend the
T—'s Vehicles and Traffic Code des.
ignating the east end of Dose Road
where it Intersects with Brothers
Road, the west and of Dose Flood
where It Intersects with Brothers
Road, the west end of Gold Road
where it intersects with Brothers
Road, and at the east end of Shale
Drive where it intersects with Montfort
Road as full stop Intersections
ALBERT M. OSTEN
PLEASE TAKE. FURTHER NOTICE
NOTARY PUBLIC, STATE OF NEW YORK
that the T— Board has determined
that pursuant to 6 NYCFIR 617.5 (a)
QUALIFIED IN 0111(:ilr�;S COUNTY
(20) the Proposed adoption of the
aforementioned Local Law is a Type
14-8240760
11 action not requiring environmental
COMMISSION EXPIRES JUN 1 5
review Puursuantto the State Enviror,
mentalQuality Review Act (SEORA)
or pursuant to Local Law No, 6. of
1992 and, a000rdlngly, no environ.
mental review has been undertaken.
PLEASE TAKE FURTHER NOTICE
that copies of the proposed Local
Law No — of the Year 2002 are
available for review and inspection at
the Office of the Town Clerk on week-
days from 8:30 a.m. to 4:00 p.m., at
the Town Hall, 20 Middlebush Road,
Wappingers Falls, Now York.
Dated: May 10, 2002
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
I WAPPINGER
GLORIA J. MORSE, TOWN CLERK