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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 1 10/09/2001.WS 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 X 10/09/2001.WS 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 3 10/09/2001.WS 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 4 10/09/2001.WS 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 5 10/09/2001.WS 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