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2000-12-06 RGMCONSTANCE O. SMITH SUPERVISOR TELEPHONE: (914) 297.2744 FAX: (914) 297-4558 December 6, 2000 TOWN OF WAPPINGER MEMO TO: Town Board Attorney to 'town Engineer to Town Media FROM: Constance O. Smith RE: WORKSHOP MEETING MONDAY, DECEMBER 11, 2000 7:30 PM Tax Cert Update ------Manny Saris Discussions: Burn Ordinance -----set Public Hearing Richard Rose—Water Problem Red Hawk Hollow Road Acceptance J. McCarthy ----solution Domber Well Update ----amend application Senior Center schedule Garden Home Ruling Tattoo Law White Gate Easement Executive Session: Personnel Court Appeal NO OTHER BUSINESS SHALL COME BEFORE'TI-IE BOARD. COS:dly 4--eect 116 SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590.0324 12/11/2000.WS The Workshop Meeting of the Town of Wappinger was held on December 11, 2000, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the meeting at 7:35 p.m. Present: Constance Smith, Supervisor Vincent Bettina, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent Absent: Robert Valdati, Councilman Joseph Ruggiero, Councilman The Supervisor asked all to join in the Pledge of Allegiance to the Flag. At this time 7:40 p.m. COUNCILMAN PAOLONI moved to go into Executive Session to discuss Tax Litigation's and Personnel. Seconded by Mr. Valdati Motion Unanimously Carried The meeting reconvened at 8:25 p.m .with Supervisor Smith, Mr. Bettina and Mr. Paoloni present. COUNCILMAN BETTINA moved to authorize Attorney to the Town, Al Roberts to send a letter to a Highway Employee discussed in regard to his absences and inform him that conditions of the CSEA contract, Article IX Section #9 stipulates that he either return to work by a given date or he will be terminated as a Town Highway employee. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN PAOLONI moved to authorize Attorney to the Town, Al Roberts to file a Notice of Appeal for MVK. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN BETTINA moved to authorize the Supervisor and members of the negotiating committee to sign CSEA contract once it is ratified by the members. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN PAOLONI moved to authorize Attorney to the Town Al Roberts to commence with the advance payment agreement with Whitegate, and in event that it is rejected, proceed with condemnation. 1 Seconded by Mr. Bettina 12/11/2000.WS Motion Unanimously Carried Next was to introduce and set a Public Hearing for the Open Burning Local Law. Supervisor Smith announced that the draft Mr. Roberts presented needs more teeth. Discussion followed. Supervisor Smith requested Mr. Roberts to come up with a stronger draft and the Board would go over it at a workshop. NO ACTION TAKEN. Correspondence from Richard Rose in regard to problems that arise when ever CAMO Pollution flushes the Hydrants in the Atlas Water District. The flushing causes air and water to blast in his toilet, faucets, and water softener. His water softener is ruined again, due to the flushing. Mike Tremper of CAMO explained that the problem was due to pressure changes, so whenever they flush hydrants, it makes the problem worse. One thing that will help alleviate the problem is when the town goes through with the second line of improvements and everyone rides off the Cider Mill Loop storage tank area He will have steady pressure, but the ultimate solution will be that, plus a water main up the street with a hydrant on the end, so they can flush the hydrant. Jay Paggi, Engineer to the Town estimated the cost to install the main and hydrant would be around $13,000. COUNCILMAN PAOLONI moved to authorize Jay Paggi, Engineer to the Town to work up a more precise estimate to perform the work Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from John Goetz, Mid Hudson Development informing the Board that he has recently completed the extension of Red Hawk Hollow Road and would like the Town Board to consider dedication of this new road to the Town. He has been in touch with Jay Paggi, Engineer to the Town, Al Roberts, Attorney to the Town and Graham Foster, Highway Superintendent and it appears everything is in place for dedication. Mr. Paggi informed the board that the work appears to have been done in substantial conformance with the approved subdivision map, and that the As -Built is acceptable to his office. It should be noted that the As -Built shows a scaled cul-de-sac diameter of approximately 83 feet. As you know this is below the Town Highway Specification of 85 feet. His office went out and made a field inspection and did three (3) measurements showing the actual diameter is in excess of 85 feet, and therefore acceptable. If the Board is so inclined, on the final acceptance of the deed, there shall be a maintenance bond in the amount of $2,524.26 placed with the Town for maintenance for the above roadway for one (1) year, and there should also be a small performance bond 2 12/11/2000.WS in the amount of $5,000 to be maintained with the Town to insure the execution of clearing the pavement in the existing cul-de-sac and topsoiling and seeding of the area. Highway Superintendent also recommends acceptance of Red Hawk Hollow Road as a town road subject to a $2,526.26 maintenance bond and a $5,000 performance bond and releasing the old performance bond. COUNCILMAN PAOLONI moved to accept Red Haw Hollow Road as a Town Road based on the recommendation of Highway Superintendent Graham Foster, subject to receiving a maintenance bond in the amount of $2,526.26 and performance bond in the amount of $5,000 and releasing the old performance bond. Seconded by Mr. Bettina Motion Unanimously Carried A request for return of escrow funds for driveway, in the amount of $3,000 was received from Patricia Benson of 61 Red Hawk Hollow Road. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $3,000 to Patricia Benson based upon the recommendations of Deputy Building Inspector, Sal Morello and Highway Superintendent, Graham Foster. Seconded by Mr. Bettina Motion Unanimously Carried A memo was received from Graham Foster, Highway Superintendent, Jay Paggi, Engineer to the Town, and Al Roberts, Attorney to the Town in regard to a claim made by Joan McCarthy, 402 Cedar Hill Road and June & Rudy Bleakly, 400 Cedar Hill Road. As authorized on October 24, 2000, Al Roberts, Jay Paggi, and Graham Foster met with Ms. McCarthy at her residence on 402 Cedar Hill Road. Also in attendance was her neighbor, June Bleakley of 400 Cedar Hill Road, as well as John Andrews, Engineer. If you recall, Mr. Foster had eliminated a vertical curve on Cedar Hill Road at a point where the McCarthy & Bleakley driveways entered onto Cedar Hill Road. To eliminate the curve Mr. Foster had filled in road frontage given to the Town in connection with the Nurzia Subdivision. By elimination of the vertical curve, the new road is some ten to eleven feet lower. In order to provide access to the McCarthy residence, an "S" shaped access was created by Mr. Fosters department. This resulted in two ninety degree turns. Ms. McCarthy strenuously objected to this means of access because of the already existing steep grade to her driveway. She was concerned that delivery trucks and emergency vehicles would have difficulty getting to her home. Mrs. Bleakley had similar concerns. The Bleakley driveway is extremely steep 3 12/11/2000.WS and requires different considerations. All present concurred that the reconfiguration of the road was needed. However, it was also conceded that the access points to both residences would have to be reconfigured. Jay Paggi and John Andrews both agreed on a proposed solution, survey and topographical work would be needed to properly engineer the new driveway access points. Accordingly, Jay Paggi must be authorized to perform the necessary survey work and design work in order to reconfigure the driveway. Ms. McCarthy and the Bleakleys would be required to give the Town temporary easements so the Town could effectuate any necessary work. Al Roberts instructed Ms. McCarthy to file Notices of Claim against the Town for Change of Grade. This would permit the Town to enter into a Settlement Agreement to resolve the issue. COUNCILMAN PAOLONI moved to authorize Jay Paggi, Engineer to the Town to perform the necessary survey work and design in order to reconfigure the driveway. Seconded by Mr. Bettina Motion Unanimously Carried Jay Paggi, Engineer to the Town gave an update on the Domber Wells. At the last meeting he reported that the new wells are capable of pumping approximately 300 gallons of water per minute. In all likelihood, it will be redeemed under the influence of surface water of Sprout Creek. With that in mind, he recommends that the wells be filtered to meet codes. He presented the cost of three filters to the board, siting that we must plan on the most costly alternative, and if need be we would already have authorization to spend that much money, and then amend the application to Audit and Control for the highest number. Discussion followed. Mr. Paggi said he would proceed and amend the Map, Plan and Report. The next item on the agenda is the proposed Community Center. Supervisor Smith wished to table discussion on the Community Center at this time because two of the Board members are absent tonight. COUNCILMAN BETTINA moved to table discussion on the proposed Community Center. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Mr. Rothman, of Willkie Farr & Gallagher regarding the imposition of special assessments. On November 28, 2000 the Court of Appeals issued its decision in Garden Homes Woodlands Company &c Appellant v. Town of Dover &c., Respondent, et al., Defendant (2000 NY Int. 132), in which the Court held that notice given solely by publication, as 12/11/2000.WS specifically authorized in Section 239 of the Town Law, of a public hearing called to consider the imposition of special assessment for a town improvement district does not satisfy the due process requirement of the United States Constitution. The Court in Garden Homes invalidated the special assessment. Mr. Rothman strongly recommends that in all future proceeding for the establishment of special districts, extensions thereto, improvement areas and in any other similar instance where special assessments will ultimately be levied, notice of the public hearing in connection with such proceedings be made by, among other methods, mailing such notice to each property owner. Discussion followed. COUNCILMAN PAOLONI moved to authorize Supervisor Smith send a letter on behalf of the Town Board, to Senator Saland and Assemblyman Miller, requesting the New York State Attorney General Appeal this ruling to the Supreme Court of the United States. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN PAOLONI moved to authorize Al Roberts, Attorney to the Town to draft procedures. Seconded by Mr. Bettina Motion Unanimously Carried Next is to discuss laws regulating Tattoo and Body Piercing. Discussion followed. COUNCILMAN PAOLONI moved to authorize Dan Wery, Town Planner to pursue. Seconded by Mr. Bettina Motion Unanimously Carried At this time SUPERVISOR SMITH announced that she wished to set the Reorganizational Meeting for Wednesday, January 3, 2001 at 7:00 p.m. There was no other business to come before the board. COUNCILMAN BETTINA moved to close the meeting, seconded by Mr. Paoloni, and unanimously carried. The meeting closed at 9:07 p.m. Elaine H. Snowden Town Clerk 5