2001-10-09 RGMCONSTANCE O. SMITH
SUPERVISOR
TELEPHONE: (914) 297-2744
FAX: (914) 297-4558
October 2, 2001
MEMO TO:
FROM:
TOWN OF WAPPINGER
REVISED
Town Board
Attorney to Town
Engineer to Town
Media
It
Constance O. Smith
RE: WORKSHOP MEETING
TUESDAY, OCTOBER 9, 2001
7:30 PM
* Group Workcamp
9/17/01
*
Wildwood Subdivision
7/10/01
*
Repair/Replace Curbs Rockingham
6/22/01
*
Sherwood Heights Letter of Credit
*
Andlyn/Hilltop Business Accept Bond
*
Dugan Lane Drainage Complaint
*
Fusco Drainage Easement complaint
*
Weidmer Drainage
9/13/01
*
Hawking & Peddling
8/17/01
*
Apple Blossom/Pine Ridge
3/25/01
*
Planning/Bldg/Zoning Software
.7/18/01
*
Smithtown Road (Alvarez)
8/28/01
*
Kalister request
8/5/01
COS:dly
SUPERVISdR'S OFFICE
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, NY 12590.0324
NO OTHER BUSINESS SHALL COME BEFORE THE BOARD.
10/09/2001.WS
The Workshop Meeting of the Town of Wappinger was held on October 9,2001
at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York.
Supervisor Smith opened the meeting at 7:30 p.m.
Present:
Constance Smith, Supervisor
Vincent Bettina, Councilman (arrived at 7:40)
Joseph Ruggiero, 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:
Robert Valdati Councilman
Group Workcamp of Dutchess County. Mr. Roberts, Attorney to the Town
was authorized to comment on the proposed resolution supporting the Group
Workcamp of Dutchess County. The Workcamp will be undertaking minor
repairs for low income senior citizen and handicap families in Dutchess
County including the town of Wappinger. The Town's primary exposure
would be in waiving all requirements for Building Permits and fees. Under
no circumstances can Mr. Roberts recommend that the Town waive
requirements for Building Permits. The Town could waive fees in
appropriate circumstances however, criteria should be established for the
waiver of fees. Under most circumstances, cosmetic changes, such as
painting, would not require a Building Permit nor any involvement from the
Town. The installation of handicap facilities would have to comply with the
Building Code. In a nutshell, we don't have enough information, and we
don't know how they want us to assist. More information would be required
from them before the Town could support this project.
COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to contact
Committee Chairman, Gerald Richardson, explaining the Board cannot
accept the agreement as drafted, but would be willing to work with this group
under different terms.
Seconded by Mr. Paoloni
Motion Unanimously Carried
At the June meeting correspondence was received from Bruce Pearson of
Wendy Drive requesting to purchase a piece of property located at the end of
Wendy Drive that ends approximately seventy-five feet from his property.
He is requesting the town consider selling this unused piece of land to him to
enhance his property. Mr. Roberts informed the board that the property is
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not needed, is unused and has not been maintained by the Town in thirty
years and recommends the Town sell it. Mr. Foster said that we would also
need least 15 feet of right -of way.
COUNCILMAN RUGGIERO moved to authorize Mr. Roberts to obtain an
appraisal for negotiation purposes (at the expense of Mr. Pearson) and
authorize Mr. Paggi and Mr. Foster to work in conjunction with Mr. Roberts
on this matter.
Seconded by Mr. Bettina
Motion Unanimously Carried
Repair/Replace Curbs in Rockingham. Mr. Roberts informed the board that
this would be a town charge, but the town has the right to decide what type
of curbs would go in. In his memo of June 12, 2001 Mr. Paggi reported that
the total cost per tax payer have been calculated for two (2) scenarios for the
construction of the Rockingham curbs. The total project cost would be
$2,000,000.00. A benefit unit analysis of the 383 home in Rockingham
showed that a 20 year bond would have a per benefit unit cost of between
$450 and $500 per year
per house. If the same bond was placed in the "B" Fund budget, it would
increase the rate from $2.54 to $2.74. This would mean an increase of
approximately $29. Discussion followed.
COUNCILMAN RUGGIERO moved to authorize Jay Paggi research cost of
replacing curbs in Town Hall to be included in curbing bond and authorize
Attorney to Town to research into life of bond for curbs.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Next is the Sherwood Heights Letter of Credit/Zvi Segal. Mr. Roberts
informed the board that the Bond has expired.. The work has been
completed, but not accepted. by the Town. Mr. Paggi explained that around
the 10th when or about the bond was about to expire, Mr. Segal contacted him
to say he had completed the pavement to the satisfaction of Mr. Foster.
There is minor work yet to be done. Discussion followed..
COUNCILMAN BETTINA moved to authorize the Zoning Administrator
request Mr. Segal to supply the Town with appropriate Bond immediately to
replace line of credit that was in place.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Next is to accept the Andlyn/Hilltop Business Bond in the amount of $60,258.
Mr. Roberts explained that he had reviewed the performance agreement and
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the letter of credit and he finds them to be acceptable. We had previously
authorized the acceptance of the easements both site and drainage. The map
can be filed and simultaneously with the filing of the map the easements will
be recorded.
COUNCILMAN RUGGIERO moved to accept the Bond from Andlyn
Associates in the amount of $60,258.
Seconded by Mr. Bettina
Motion Unanimously Carried
Dugan Lane Drainage complaint from Mr. Pablo Barbon of a street drainage
pipe that drains directly into the rear/side yard and floods with water and
waste rendering his yard useless. Mr. Foster explained that when Peters
Road was put in many years ago, the water was drained off to a wooded area.
Now Mr. Barbon had made that into an extension of his lawn and it is still
draining there. We can't cut the pipe off because there is no other place to go.
Short of getting a drainage easement from him and piping it the full length of
his property, he does not know what to do. It was not a problem as long as it
was a wooded area, but now he has made it into a lawn. Discussion followed.
COUNCILMAN BETTINA moved to authorize Attorney to the Town and
Engineer to the Town together with Mr. Foster take a field trip to assess the
situation and report back to the Town Board..
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A letter from Mr. & Mrs. Fusco in regard to a drainage easement complaint.
Mrs. Fusco was recognized by the board. Her concern here tonight was the
state of the easement. They have been working on this ever since they
bought the home. They were reassured that it was going to be cleaned up,
straightened up and the banks were going to be reinforced, etc. None of this
has happened.. It was supposed to be a stream to gather rain water, and the
only thing it gathers is garbage. The only kind of water that is in the
easement is of an oily nature. They are concerned with it becoming a
breeding ground.. After sending several letters, the vegetation was cut down
but was not picked up, so the easement got clogged up even more. Mr.
Foster informed the Board that he had already given the board an estimate
based on Mr. Paggi's numbers of what it would cost. If you wish to consider
that money in the budget, that's up to the board. If you start one area, you
are going to have to do the others. The previous owners of the home have
told Mr. Foster that the drain is in better condition now than when they lived
there. Back in the early 90's in excess of $100,000 was spent on this ditch,
and it did not help. Mr. Ruggiero felt that there is work that can be done to
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clean up this easement due to the fact that when the Monaco's lived there,
the recommendation from the Engineer was to place rip- rap along the banks
to prevent future erosion. Mr. Foster said that based on Mr. Paggi's 1998
estimate it would cost around $140 per foot and there is 150 foot of ditch. To
do the work they are demanding would be roughly $21,000.
COUNCILMAN RUGGIERO moved to authorize work be performed based on
the recommendation of Mr. Paggi's report of 1998 i.e., clean the easement of
all debris, clean the streambed to better define the channel and rip -rap be
placed along the bank to prevent further erosion and the monies be used from
surplus to perform the work.
Seconded by Mr. Bettina
Motion Unanimously Carried
COUNCILMAN RUGGIERO moved to authorize Mr. Paggi to come up with a
definitive answer on how he would like to proceed with this.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is the Weidner easement 27 Shale Drive. Mr. Foster explained that on
his original visit to the site, the culvert was not visible and he was not sure
what the problem was. CAMO checked for a water leak and found nothing.
It now appears that the resident has an old galvanized driveway culvert,
which is no longer used. The culvert appears to be badly rusted and blocked
at both ends. The problem may be compounded by the possibility of the roof
drains being piped to this culvert. In order to fix it the pipe must be removed
and reroute the footing drain into our town drainage system, which is on site,
rebase the driveway and re -blacktop approximately 8 feet of the driveway. It
is on the town right of way. Discussion followed.
COUNCILMAN RUGGIERO moved to authorize Highway Superintendent to
correct and maintain the pipe on Shale Drive.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Hawking and Peddling.
COUNCILMAN BETTINA moved to table until Zoning Administrator is
available to discuss.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Drainage concerns on Apple Blossom/Pine Ridge Road.. Mr. Paggi was
authorized to make a field inspection in May of 1999 of the area with
Highway Superintendent, Graham Foster, in order to determine why the
existing low area in the rear of the homes on Pine Ridge Drive and Apple
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Blossom Lane was filling up to a higher elevation than homeowners have
experienced in the past. The field inspection was made starting in the rear of
Apple Blossom Lane and ending at Park Hill Drive. It would appear from the
inspection that there were no artificial impediments to the water backing up,
such as the construction of a dam. However, it was their opinion that the
reason for the backing up of the waters to a higher elevation was the overall
stream condition. Over the years it appears that the stream has been filled
in and clogged with debris, silt, logs, sticks, etc. While out on the field
inspection, five minutes work with a hand shovel dramatically improved the
flow in the specific area of this stream. It is Mr. Paggi's recommendation,
that a regular stream maintenance program on this stream and other larger
streams in the town be initiated to prevent this type of situation from
occurring. As a follow-up, in the same year, Mr. Paggi did a follow-up
investigation with the DEC to make sure that this was not a classified
stream and or wetlands. The DEC informed him it was not a classified
stream north to Park Hill Lane or designated State wet land so therefore he
recommends that the stream maintenance be limited to the area between
Pine Ridge/Apple Blossom and the north side of Park Hill. Mr. Paggi
recommends that before Mr. Foster enters into any stream maintenance,
north of Park Hill between there and Apple Blossom, the Army Corp of
Engineers had to be contacted to see if they have any jurisdiction over these
waters prior to the maintenance. If they say no, then Mr. Foster can go in
and maintain and open up that stream. If they say yes, that means it needs
to be by action of a permit.
COUNCILMAN BETTINA moved to authorize Jay Paggi contact the Corp of
Engineers and if jurisdictional authority is granted., Mr. Paggi work with
Mr. Foster to prepare an estimate for the Town Boards review.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Planning/Building/Zoning Software. COUNCILMAN BETTINA moved to
table.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Smithtown Road/Alvarez property. Supervisor Smith explained that we need
to make a decision as to whether we are going to take the property or not.
We got an appraisal of $57,500, and Mr. Roberts was supposed to negotiate
further. Mr. Roberts explained that he did not go any further, because he
was under the impression that several of the Board members did not want to
spend the money. Mr. Ruggiero said he did not want condemnation of the
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property. However, if Mr. Alvarez were willing to sell it to the town, he
would consider doing the road job. He thinks there are other roads in the
town that may better suit us to spend funds on. Mr. Paoloni wished to have
Mr. Foster prioritize a list of roads in the town according to safety that are in
need of repair.
COUNCILMAN RUGGIERO moved to refer to Al Roberts, to negotiate with
the owner.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Several months ago correspondence was received from Joseph Kalister
informing the board that he was a senior citizen living on a fixed income and
could no longer afford to pay the taxes on a small parcel of land located in the
Town of Wappinger. Therefore, he has decided to relinquish all claim to the
parcel of land and allow the county to assume ownership.
COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to
respond, instructing Mr. Kalister to send a letter to Dutchess County in order
to relinquish all claims to the property.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The position of Animal Control Officer having been vacated by reason of
resignation of Ann Marie Buck, was now placed before the Board.
The following Resolution was offered by COUNCILMAN RUGGIERO who
moved its adoption.
RESOLVED that Jerald Owen be and he hereby is appointed to fill the
vacancy of Animal Control Officer for the Town of Wappinger which has
occurred by reason of the resignation of Ann Marie Buck, and
IT IS FURTHER RESOLVED, that this position in the Town be and the same
hereby is fixed and established at the following annual rate of $13,954.00,
prorated, to be paid every Friday throughout the year.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Supervisor Smith announced that at the last meeting $2,000 was authorized
to repair the roof near the canopy, and it only cost $ 763.52 which was under
the amount we authorized.. There is a section under the canopy that was
going to have colored stone. It was suggested that instead of stone, concrete
be installed. It would cost $2,328.66 more. Does the board wish to have the
concrete instead of the stone installed..
COUNCILMAN PAOLONI moved to authorize $2,328.66 for concrete under
the canopy instead of the stone.
C:
Seconded by Mr. Ruggiero
10/09/2001. W S
Motion Unanimously Carried
There was no other business to come before the board.
COUNCILMAN RUGGIERO moved to close the meeting, seconded by Mr.
Bettina and unanimously carried.
The meeting adjourned at 9:00 p.m.
Gloria J.o se
Town Cl
7