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2001-10-09 RGM (2)CONSTANCE O. SMITH SUPERVISOR TELEPHONE: (914) 297.2744 FAX: (914) 297-4558 TOWN OF WAPPINGER MEMO TO: Town Board Attorney to Town Engineer to Town Media FROM: Constance O. Smith RE: WORKSHOP MEETING MONDAY, SEPTEMBER 1.0, 2001 7:30 PM • Compost Odor Complaint ---Highway Department • Resolution authorizing application for Funding Phase 3A • Bond for Town Recreation Center • Poughkeepsie Joint Water—Memorandum of Understanding • Bond Reduction—Andlyn Associates • Meadowood Subdivision ---Memorandum of Understanding • Oakwood Knolls Water District ---set public info meeting • Smithtown Road --Alvarez COS:dly SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 09/10/2001.WS The Workshop Meeting of the Town of Wappinger was held on September 10, 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 Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman (arrived 7:37 p.m.) 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 Correspondence from residents of Oak Park Village complaining of the horrible odor coming from the compost pile kept behind their homes at the Town Highway Department. The odor is unbearable throughout the summer, and they are unable to open their windows at times, or even be in their back yards. They are requesting an immediate solution to this problem, either eliminated, or moved. COUNCILMAN VALDATI questioned Mr. Foster as to what type of materials are placed into the compost pile? Mr. Foster explained that leaves, grass clippings and woodchips. He also informed the Board that the compost pile was checked by the DEC, and the Board of Health. It is all natural vegetation, and it does smell when it deteriorates. COUNCILMAN VALDATI also wished to know if the compost produces any particular type of gas, such as methane? Mr. Foster replied, he did not know but the odor seems to activate when we turn it with the loader to spread it out. Residents do come in every week -end and take some out. COUNCILMAN VALDATI felt that this was a reasonable complaint. Elizabeth Mulligan of 123 Oak Park Terrace was recognized by the Board and explained that they don't smell the odor everyday, but when it does smell, it is horrendous. She wished to know if there is another site in Wappinger to put the compost pile. Further discussion followed. Mr. Foster said he would investigate the possibility of alternate sites NO ACTION TAKEN. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mr. Ruggiero. RESOLUTION AUTHORIZING CWSRF APPLICATION AND AGREEMENT FOR PROJECT FINANCING CLEAN WATER STATE REVOLVING FUND WHEREAS, Town of Wappinger herein called the "Applicant", after thorough consideration of the various aspects of the problems and study of available date, has hereby determined that the project generally described as: Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A and identified as CWSRF Project number(s) C3 -5306-03-00,C3-5306-03-01 and C3-5306-04-00 herein called the "Project" is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and 09/10/2001.WS WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987 (as such may be amended from time to time, the "Water Quality Act"), requires each State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and WHEREAS, the State of New York has, pursuant to the State Water Pollution Control Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as amended (the "CWSRF Act") established in the custody of the New York State Environmental • Facilities corporation (the "Corporation") a water pollution control revolving fund (the "Fund") to be used for purposes of the Water Quality Act; and WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the CWSRF Act; and WHEREAS, the CWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects; NOW THEREFORE BE IT RESOLVED BY the Town Board of the Town of Wappinger as follows: 1. The filing of an application for CWSRF assistance in the form required by the Corporation in conformity with the CWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person is directed an authorized as the official representative of the Applicant to execute and deliver an application for CWSRF assistance, to execute and deliver the Project financing agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Applicant as may be required: Constance O. Smith, Supervisor. 3. The official designated above is authorized to make application for financial assistance under the CWSRF Program for either short-term or long-term financing or both. 4. One (1) certified copy of the Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 625 Broadway, Albany, New York 12207-2997. 5. This Resolution shall take effect immediately. Motion Unanimously Carried 2 09/10/2001.WS The following Resolution was offered by COUNCILMAN PAOLONI who moved its adoption and seconded by Mr. Valdati. A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,496,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK TO PAY THE COST OF THE CONSTRUCTION OF A TOWN RECREATION CENTER ON PARCEL OF TOWN -OWNED PROPERTY LOCATED ON MONTFORT ROAD IN & FOR SAID TOWN WHEREAS, the capital project hereinafter described has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the financing of such capital project NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For Specific object or purpose of paying the cost of the construction of a building of approximately 10,800 gross square feet for use by the Town of Wappinger, Dutchess County, New York, as a Town Recreation Center, such building to be constructed on parcel of Town owned land located on Montfort Road, including the purchase of original furnishings, equipment and apparatus to be used in connection with such building and site improvements and incidental expenses in connection therewith, at a maximum estimated cost of $2,496,000, there are hereby authorized to be issued $2,496,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated costs of such specific object or purpose is $2,496,000, and the plan for the financing thereof is by the issuance of the $2,496,000 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 thirty years, pursuant to subdivision I l(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of 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, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds 3 09/10/2001.WS becoming due and payable in such year. There shall annually be levied on all taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the town of Wappinger, Dutchess, county, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, she 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 purchased of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the town), the date, denominations, maturities and interest payments 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 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 collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if. 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. rd 09/10/2001.WS Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 — 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. Upon this resolution taking effect, the same shall be published in full in the Southern Dutchess Newspaper, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted at follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The resolution was thereupon declared duly adopted. SUPERVISOR SMITH wished to discuss the Poughkeepsie Joint Water Memorandum of Understanding at Executive Session Next is to accept the Bond Reduction for Andlyn Associates (Hilltop Business Park). Jay Paggi, Engineer to the Town explained that his office has calculated the amount of Reduced Bond for roadway and utility construction for the Hilltop Business Park. The Bond has been reduced to reflect work performed to date by the Contractor. The total construction value of the remaining work (adjusted to August 2001 dollars) is $50,215.00. It has been the practice of the Zoning Administrators office to add 20% for necessary administrative costs, which would make the total $60,258.00. The total inspection fee for this project is $7,030 (see original Bond Calculation dated June 11, 2001). COUNCILMAN RUGGIERO moved to accept the Bond Reduction to $60,258.00 as recommended by Mr. Paggi. Seconded by Mr. Paoloni Motion Unanimously Carried SUPERVISOR SMITH wished to take the Meadowood Subdivision Memorandum of Understanding to Executive Session. SUPERVISOR SMITH wished to set a public informational meeting for the Oakwood Knolls Water District for October 22nd at 7:30 p.m. SUPERVISOR SMITH also wished to take the Smithtown Road -Alvarez property to Executive Session. Don Swartz, architect gave a report on the canopy going up in the front of the building. During construction it became apparent that some of the shingles on the roof are in need 5 09/10/2001.WS of immediate repair. It would cost around $100,000 to $110,000 to re -roof the entire building. To repair the roof, would cost $2,000 to $3,000. Discussion followed. COUNCILMAN PAOLONI moved to authorize immediate minor repair on the roof as recommended by Mr. Swartz. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Rizzo of 219 Old Hopewell Road had some questions on the rezone of Alpine. SUPERVISOR SMITH said that this has been scheduled for October 22, 2001. NO ACTION TAKEN Assessor, Linda Tasadfoy wished to have an answer on her letter for reappointment and her request to attend the annual Assessors meeting and training seminar 9/30to 10/3. SUPERVISOR SMITH announced that she would interview Ms. Tasadfoy in Executive Session. Gerald Terwilliger, Comptroller announced that he went over the referendum for Grinnell Library and has come up with some figures for the Board. According to the numbers they are getting and the increase they are asking for, the rate would increase for the Village from $1.08 to $1.27 per thousand for the Homestead Rate. The Town Wide Rate would go from $2.55 to $2.74. Discussion followed. At this time 8:17 p.m. COUNCILMAN BETTINA moved to go into Executive Session to interview Ms. Tasadfoy and to confer with council on Meadowood, Smithtown Road - Alvarez and Poughkeepsie Joint Water. Seconded by Mr. Paoloni Motion Unanimously Carried The meeting reconvened at 9:20 p.m. with all board members present. COUNCILMAN BETTINA moved to authorize Linda Tasadfoy to attend the annual Assessors meeting and training seminar from 9/30/2001 to 10/03/2001 and her legitimate charges be a town charge. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI moved to adopt the Meadowood Subdivision Memorandum of Understanding and authorize the Supervisor to sign. Seconded by Mr. Paoloni Roll Call Vote Supervisor Smith Aye Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Abstain Councilman Paoloni Aye Motion Carried COUNCILMAN Bettina moved to table Poughkeepsie Joint Water -Memorandum of Understanding. Seconded by Mr. Valdati 2 09/10/2001.WS Motion Unanimously Carried COUNCILMAN BETTINA moved to table Smithtown Road, Alvarez. Seconded by Mr. Valdati Motion Unanimously Carried There was no other business to come before the Board. COUNCILMAN BETTINA moved to close the Workshop Meeting, seconded by Mr. Valdati and unanimously Carried. The meeting adjourned at 9:25 p.m. 10 Gloria J. Morse Town Clerk ` 7