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2000-05-22 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 22, 2000 7:30 P.M. ---------------- 1. --------------- 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Reg. April 24th Workshop May 8th 4. REPORTS OF OFFICERS Sup/Compt Town Justices Receiver of Taxes Bldg. Insp. Zng. Adm. assessor H. supt. Dog Control Officer Recreation annual Report Village of Fishkil.l Consumer Confidence Report 5. PETITIONS & COMMUNICATIONS a. Frank Buyakowski re: acceptance of 100 ft. extension of Farms End Rd. b. Sergeant G. Corbett, D.C. Sheriffs Office re: Local Law for Violations of. the NYS V & T Law for Town to receive all monetary fines c. Michael Tremper, CAMO, Report on Water Transferral from Atlas to Central Wappinger Water d. R. Holt, Ch. Rec. Comm. requests for P.O.'s for: (1) Staples for folding Chairs $990 (2) Playground Tee Shirts, Anaconda Sports $3,218 (3) Backhoe Attachment, Pine Plains Tr cto $10,684 (4) Mower, Pine Plains Tractor $16,596(6)0 f e. G. Foster, H. Supt., re: Footbridge, Lake Oniad f. Kevin Jeffreys, Northeast Computor Services, re: Network Server Hard drive g. Kathy DeLisa Memo to R. Holt, Ch. Rec. Comm. re: SIPP Program continuation h. Wm Crane, Esq. re: Jeffrey and Belinda Wilkinson Claim of undermining damage due to discharge of drain waters onto Claimants property 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zng. Dept. report 8. RESOLUTIONS a. Introduce Local Law for Amendment to Local Law #2 - One way on Blackthorn Loop except School Buses b. Bids for Landscaping, etc. 9. UNFINISHED BUSINESS 1.0. NEW BUSINESS 11. ADJOURNMENT 05/22/2000.RGM The Regular Town Board Meeting of the Town of Wappinger was held on May 22, 2000 at the town hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the meeting at 7:35 p.m. 1 Present: Constance Smith, Supervisor Robert Valdati, Councilman Joseph Ruggiero, Councilman (arrived 7:40 p.m.) 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: Vincent Bettina, Councilman The Supervisor asked all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Regular Town Board Meeting of 4/24/2000 and Workshop Meeting of 5/08/2000, having previously been forwarded to the Board Members, was now placed before them for their consideration. COUNCILMAN VALDATI moved that the above stated Minutes as presented by the Town Clerk be and they are hereby approved. Seconded by Mr. Paoloni Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of April were received from the Town Justices, Supervisor/Comptroller, Building Inspector, Receiver of Taxes, Zoning Administrator, Dog Control Officer, Recreation Annual Report, Highway Superintendent, Assessors Report and Village of Fishkill Consumer Confidence Report. COUNCILMAN PAOLONI moved to accept the reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried PETITIONS & COMMUNICATIONS A request from Frank Buyakowski for the towns acceptance of a 100 foot extension of Farms End Road. Mr. Roberts does not recommend acceptance, because the easements to the water and sewer line have yet to be procured from the property owners, and its the developers responsibility to transfer the lines and the necessary right of ways with the road. Mr. Buyakowski explained he is not here for acceptance of the road, he is here tonight with an 1 05/22/2000.RGM update. Since January when the road was accepted, pending easement descriptions, he had deeds prepared and easements drawn up. They were then given to the residents. The residents spoke to their attorneys, and so far, no one has signed. I don't think they fully understand the situation he explained, the whole thing is in limbo. Anything that can be done will be appreciated. Discussion followed. COUNCILMAN VALDATI moved to authorize Supervisor Smith to send letters to the property owners requesting their cooperation in regard to procuring easements to the water and sewer lines. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Sergeant Gary Corbett of the Dutchess County Sheriffs Office, in regard to the possibility of outside funding to support the Town Patrol. Numerous cities, villages and towns have ordinances which mirror the NYS Vehicle and Traffic Law. These jurisdictions receive all the monetary fines imposed by the courts rather than the fines going to New York State. At present, the Town of Wappinger receives $10 on every conviction for violation of the NYS Vehicle and Traffic Law. Enacting local ordinances for these violations and enforcing them rather that the state law would allow for the entire fine to return to the Town of Wappinger. COUNCILMAN RUGGIERO moved to table to the June 12th workshop for further discussion. Seconded by Mr. Paoloni Motion Unanimously Carried The Town of Wappinger Comptroller had requested CAMO research the amount of water that has gone through the Pizzagalli Interconnection during 1999 for the proper bill backs. This interconnection allows water to flow back from Hilltop and, if necessary, to pump from Atlas to Hilltop. During the year of 1999, a net of 4 million 625 thousand gallons was pumped from Atlas to Hilltop. COUNCILMAN VALDATI moved to accept Mr. Tremper's report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several requests for P.O.'s from Ralph Holt, Recreation Chairman. The first is a request to obtain a P.O. payable to Staples in the amount of $990 for folding chairs. COUNCILMAN RUGGIERO moved to authorize a P.O. payable to Staples in the amount of $990 for folding chairs, as requested by Mr. Holt. 4 05/22/2000.RGM 3 Seconded by Mr. Valdati Motion Unanimously Carried Next is a request for a P.O. payable to Anaconda Sports up to $4,000 for Playground Tee Shirts for the children attending the 6 summer playgrounds. Two bids were received, Millman's T -Shirt Factory, $3,450 and Anaconda Sports for $3,218. We received quotes for 858 adult and children's shirts which were ordered last year, and the bids are as follows: Millman's T -Shirt Factory, $3,450 and Anaconda Sports for $3,218. Since at this time we are not sure of the number of children that will register and their exact sizes and the fact that playground time is getting close, we used last years number as a comparison figure. These funds are in Recreation Account B-7310.4 COUNCILMAN VALDATI moved to authorize a P.O. payable to Anaconda Sports up to $4,000 for Playground Tee Shirts, as requested by Mr. Holt. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is a request for a P.O. payable to Pine Plains Tractor in the amount of $10,684 for a Backhoe attachment. This is the only bid that was received. The cost for this piece of equipment would come from the Town's fund balance and the funds have been transferred to the Recreation Equipment Account A-7710.2. COUNCILMAN VALDATI moved to authorize a P.O. payable to Pine Plains Tractor in the amount of $10,684 for a Backhoe attachment, as requested by Mr. Holt. Seconded by Mr. Ruggiero Motion Unanimously Carried A request for a P.O. payable to Pine Plains Tractor in the amount of $16,596 for a Mower. Only one bid was received The bid covers the cost of the mower only and because the manufacturer is in the process of changing the vacuum attachment it was only included as an estimate. Since we need this attachment we propose the following: Accept the bid for the mower and proceed to acquire as soon as possible. (This mower is needed badly.) We also propose that as soon as the new attachment is available we accept Pines Plains Ford Tractor as the supplier and purchase the vacuum. It was stated at the meeting of the Board on March 13, 2000 that both the mower and attachment would be covered from the Town's A Fund and this money has been transferred to Recreation Equipment account A-7110.2 COUNCILMAN PAOLONI moved to authorize a P.O. payable to Pine Plains Tractor in the amount of $16,596 for a Tractor, as requested by Mr. Holt. 3 Seconded by Mr. Ruggiero 05/22/2000.RGM Motion Unanimously Carried The last is a request for a P.O. for a "second" round of Tick Spraying for the various town parks. In discussing this with the New York Tick Company, it was decided that we should concentrate the spraying to the May and June time frame. This is when the tick larvae is found and it is hoped that we can destroy the larvae before they can grow into adult ticks. With this in mind, Mr. Holt would like to request a P.O. in the amount of $4,575 payable to the New York Tick Company for a second spraying to take place in June. The funds are in recreation Account A-7110.4 COUNCILMAN VALDATI moved to authorize a P.O. in the amount of $4,575 payable to the New York Tick Company for a "second" spraying to take place in June. Seconded by Mr. Ruggiero Motion Unanimously Carried Some time ago, Highway Superintendent, Graham Foster was asked about the possibility of his department building a footbridge across the outlet brook of Lake Oniad. Kent Road/Lake Oniad area is a very popular spot for walking. The area in question is the northerly intersection of Kent and Lake Oniad. At this particular spot, the road curves and a guide rail prevents walkers from stepping off the road surface. This puts walkers, especially our seniors and residents with stroller and baby carriages, in a very dangerous situation. Building a footbridge behind the guide rail could relieve this danger. Mr. Foster is requesting the Town Board to authorize Mr. Paggi's office to lay out our right of way from Playa Road northerly to the intersection of Kent and Lake Oniad Road Drive. Lake Oniad is private. The bridge can be built at a minimal cost to taxpayers. Discussion followed. COUNCILMAN RUGGIERO moved to authorize Jay Paggi, Engineer to the Town to investigate and report back to the board on the feasibility of a footbridge. Seconded by Mr. Valdati Motion Unanimously Carried A report from Kathi DeLisa, Senior Citizen Director on the Senior Injury Prevention Program (SIPP). Now that the study is complete, the Office for the Aging has donated the weights so that we may continue the program on an ongoing basis. Eileen Manning, Regina Waldron, Maria Borges and Kathi have all been trained to teach this program. We feel this program is beneficial to the health and welfare of our Seniors. We are going to continue the program and have added some Seniors who were on waiting list. Since 51 05/22/2000.RGM there is a large interest in this program, we have adjusted the OFA release form, doctor's approval forms, etc. to read: TOWN OF WAPPINGER. COUNCILMAN VALDATI moved to accept report from Kathi DeLisa and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from William Crane, Esq., regarding Jeffrey and Belinda Wilkinson's Notice of Claim against the Town of Wappinger concerning flood and undermining damage emanating from drainage pipe(s) installed under the bed of Diddell Road. COUNCILMAN VALDATI moved to refer this Notice of Claim to the Town's Seconded by Mr. Paoloni Motion Unanimously Carried Mr. Paoloni wished to discuss the drainage problems on Smith Crossing Road. Mr. Foster explained that there are two houses on the west side of the road that have ditches along the front of the property on the edge of town property. They also have driveway culverts. The driveway culverts (invert and outlets) are below the inlet of the pipe going across Smith Crossing Road, and the water just sits there, it can not drain itself. Mr. Foster explained that the driveway culverts were installed improperly. Discussion followed. COUNCILMAN PAOLONI moved to authorize Jay Paggi, Engineer to the Town and Graham Foster to inspect the Smith Crossing site (Goldstein) and report back to the town board. Seconded by Mr. Ruggiero ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Valdati Nay Councilman Bettina Absent Councilman Ruggiero Aye Councilman Paoloni Aye Motion Carried COMMITTEE REPORTS COUNCILMAN PAOLONI had no reports at this time. COUNCILMAN RUGGIERO explained that the last section of the Personnel Handbook is almost completed and they will be submitted to the board for review, and then we can distribute them to all the town employees. One item that should be addressed is the dental plan. Several employees approached Mr. Ruggiero on this issue. 9 05/22/2000.RGM COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to investigate several dental plans for the town employees and report back to the board for review. Seconded by Mr. Valdati COUNCILMAN VALDATI had no reports at this time. SUPERVISOR SMITH had several items she wished to discuss. The first is 18 Fenmore Drive. The owners wish to hook into the town sewer, but the lateral is under a large tree within the town right-of-way. The previous owners of the house planted the tree. The cost to remove the tree is $230. Discussion followed. COUNCILMAN RUGGIERO moved to authorize the Supervisor to make arrangements to have the tree removed. Seconded by Mr. Paoloni Motion Unanimously Carried Supervisor Smith announced that she had received a phone call from the American Legion and they are donating a flag for the Middlebush Cemetery. They are requesting permission to hook up electric lights on the flagpole. Central Hudson informed Mrs. Smith that it would cost the town less than $50 a year. COUNCILMAN VALDATI moved to authorize the American Legion permission to hook up electric lights on the flagpole at the Middlebush Cemetery. Seconded by Mr. Ruggiero Motion Unanimously Carried Supervisor Smith on the proposed expansion of the Wappinger Central School District. She had some concerns on the impact of the planned expansion on the towns water system and would like to schedule a meeting with the school representatives. Discussion followed. COUNCILMAN VALDATI moved to authorize Supervisor Smith to schedule a meeting with WCSD and send an explanatory letter. Seconded by Mr. Ruggiero Motion Unanimously Carried Matt Rudikoff presented the Environmental Assessment Form on Greystone for the towns review. He gave a brief explanation of the contents of the EAF. It goes over maintenance obligations, financial, how the town might use the property etc. Many of the buildings are in fairly stable condition and could be boarded up to protect the historic character of buildings, until the town has made a decision on what it intends to do. There were no substantial environmental hazards. The idea of this review is to see if it answers all your C:l 05/22/2000.RGM questions. The architectural report did not get into the cost of maintaining the facility as is. There are ongoing sources of money for this kind of a project. The fact that many of buildings are handicap accessible opens up the door for even more financing. The Hudson River Improvement Fund sets priorities for physically handicapped accessibility. The cost to the taxpayers would be $.11 per thousand. COUNCILMAN VALDATI moved to accept the Environmental Assessment Form for Greystone as presented, and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried BONDS & LETTERS OF CREDIT A report was submitted from the Zoning Administrators office for the month of April on the schedule of Bonds and Letters of Credit on various subdivisions, the amounts, expiration dates and call up dates. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried RESOLUTIONS The following Resolution was offered by COUNCILMAN RUGGIERO who moved its adoption, and seconded by Mr. Paoloni WHEREAS, by Local Law #_ of the year 2000 the Town Board amended Section 230-40 of the Code of the Town of Wappinger by prohibiting right hand turns at the most westerly intersection of Blackthorn Loop with Myers Corners Road between the hours of 6:00 a.m. to 8:00 a.m., Monday through Friday from January 1, to June 30 and Monday through Friday from September 1 to December 31; and WHEREAS, THE Town Board has determined that school buses should not be prohibited from making right hand turns as above indicated and elects to amend Section 230-40 of the Code of the town of Wappinger accordingly NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The recitations above set forth are hereby incorporated as if fully set forth herein. 2. The Town Board hereby introduces for adoption Local Law #2 of the year 2000 in the form annexed hereto. 3. The Town Board determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and Section 117 of the Code of the Town of Wappinger and, accordingly, the town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State 7 05/22/2000.RGM Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to Chapter 117 of the code of the town of Wappinger or pursuant to 6 NYCRR Part 617. BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #2 of 2000 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 121h day of June, 2000 at 7:15 p.m., and the Town Clerk is directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of the adoption of the foregoing Resolution was duly put to a vote on roll Call which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Motion Unanimously Carried Next is to accept the bids for the landscaping of the town hall and town properties. Two bids was received. 1) Ground Works $34,525.00 which does not include items #3,4,5,& 6. 2) Lehigh Lawns and Landscaping $10,565.00 SUPERVISOR SMITH moved to award the bid for the landscaping of the town hall and town properties, to Lehigh Lawns and Landscaping for $10,565.00, they being the lowest bid. Seconded by Mr. Ruggiero Motion Unanimously Carried UNFINISHED BUSINESS Supervisor Smith wished to be authorized to set up an escrow account for $15,000 with the Poughkeepsie Joint Water Project Board, to be used to defray the cost of its consultants regarding the feasibility and contract preparation costs of the sale of water to the Town of Wappinger. Discussion followed. COUNCILMAN VALDATI moved to authorize the Supervisor to set up an escrow account with the Poughkeepsie Joint Water Project Board in order to enter into preliminary discussions. Seconded by Mrs. Smith ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Valdati Aye Councilman Bettina Absent 05/22/2000.RGM Councilman Ruggiero Nay Councilman Paoloni Nay Motion Defeated COUNCILMAN VALDATI moved to authorize $648.76 payment to Fishkill Building Inspector, George McCann, for work performed for the Town of Wappinger Building Department. Seconded by Mr. Ruggiero Lo. Motion Unanimously Carried In December of 1999 a letter of resignation was received from Building Inspector, Paul Foody informing the Board that he would be leaving on January 7, 2000. Mr. Foody had accumulated comp time which he is now requesting compensation. Supervisor Smith is submitting the following letter to Mr. Foody, for the boards review denying his request. Dear Mr. Foody: At the Town Board Meeting held on May 8, 2000 the Town Board voted not to compensate you for the comp time reimbursement you requested. It is the practice of the Town, that comp time be used or it is lost. You were advised to use your time in January of 2000, but you left the towns employ in January 2000 and therefor forfeit the time. D COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to send the above letter to Mr. Foody denying comp time reimbursement. . Seconded by Mr. Paoloni ir Motion Unanimously Carried COUNCILMAN RUGGIERO wished to schedule a workshop for June 12th to discuss the Kent Road site problems. NEW BUSINESS COUNCILMAN VALDATI informed the board that the residents are complaining about a truck on Chelsea Road with a "For Sale" sign on it that appears to be on state property. Discussion followed. Supervisor Smith said she would check with the Zoning Administrator and get back to him. COUNCILMAN VALDATI on the Service Station on Old Hopewell Road. It is an eyesore and needs to be spruced up. The old "Rafters" is also in disrepair. Mr. Paggi explained, that the "Rafters" is presently before the Planning Board at this time. COUNCILMAN RUGGIERO on the power failure. Old Hopewell Road, Spook Hill Road, and All Angels Hill Road still have some street lights out. Perhaps Central Hudson should be contacted. Councilman Ruggiero also received a call from a constituent in regard to a fence that was put in place by the Town when the Rockingham Drainage was installed. The county also placed a guide rail up at that time. There seems to be a 25-35 foot space D 05/22/2000.RGM where the guide rail ends and the fence begins. The fence has been hit several times with cars coming off the road. Can we request the county to extend the guide rail to protect the backyard from the cars coming off Old Hopewell Road? Mr. Paggi explained, that there are regulations that govern the guide rail, and that guide rail is extended as far east as it can go. The purpose of the guide rail, is if there is a slope adjacent to the highway with a grade of greater than a 1 on 3, its there to protect rollovers. There was also some discussion on the condition of the fence. Perhaps some community service volunteers can paint it. COUNCILMAN RUGGIERO also wished to address cleaning up of the silt from the many easements. Mr. Foster explained that the in order to permanently clean the easements would be a tremendous undertaking, more equipment would be needed at a tremendous cost. In some cases the equipment can't get into the easements. Discussion followed. Supervisor Smith suggested a workshop for further discussion. COUNCILMAN RUGGIERO informed the board that he received complaints from the Wildwood neighborhood that the center easement is a doggie haven. People are walking their dogs in the easement and it is creating a nuisance. Is there a town law that addresses the pooper scooper. Attorney to the Town, Al Roberts explained that we have to adopt a pooper scooper ordinance. He is not sure if we have one in place. Even if we do, it will be a question of enforcing it. Mr. Roberts will look into it. The last item COUNCILMAN RUGGIERO wished to address is Dial -a -Ride. Last year we expanded the number of buses we have on Wednesday for Dial - a -Ride. There seems to be a problem. The bus ride from Widmer Road to the Mall took three hours. We need to schedule a workshop with the Office of the Aging to expand the service. COUNCILMAN PAOLONI on the use of electronic traffic controls. Supervisor Smith said the county is going to buy several and the Town of Wappinger will contract them out from the county. COUNCILMAN PAOLONI also asked Mr. Paggi for an update on the box culverts on DeGarmo Hill Road. Mr. Paggi explained that he is waiting for the DEC to get back to us and the resident to agree on either one culvert or two culverts. CORRESPONDENCE from Al Roberts, Attorney to the Town in regard to appealing the PIQWON ruling. If we wish to appeal we must do it by the 5th of June. Mr. Roberts explained that it should also be referred to Dan Wery, Town Planner to coordinate an environmental review, and recommendation to the board. Supervisor Smith announced that she would refer it to Mr. Wery. Discussion followed. Mr. Roberts also explained that the applicant must also post sufficient escrow to cover the SEQRA analysis. 10 05/22/2000.RGM COUNCILMAN RUGGIERO moved to authorize Mr. Roberts to draft a letter to Mr. Elders informing him what actions the town is planning to take. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to have only one meeting for the months of July and August, 2000 to be held on the second Monday of the month. Seconded by Mr. Paoloni There was no other business to come before the Board. COUNCILMAN RUGGIERO moved to close the Town Board meeting, seconded by Mr. Paoloni and unanimously carried. The meeting adjourned at 9:15 p.m. Elaine H. Snowden Town Clerk 11