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2000-03-27 RGMi AGENDA TOWN BOARD j TOWN OF WAPPINGER MARCH 27, 2000 7:30 P.M. SUPERVISOR CALL MEETING TO ORDER i r 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES: Feb. 18th Sp. Feb. 28 Reg. March 13th WS! 4. REPORTS OF OFFICERS: Sup/Compt Twn Justices Rec. of Taxesi Bldg. Dept. Zng. Adm. Assessor H. Supt. Dog Control Office, Grinnell Library Quarterly Report Sedore, O'Sullivan, et al Audit report for 1998 ' 5. PETITIONS & COMMUNICATIONS a. Dianne Wiebe, Ex. Dir. Christmas in April re: request for trash disposal assistance b. Ken Brown, re: illegal signs posted in Town C. Roger & Karon Perry, Osborne Hill Rd. re: Flooding d. NYS Office of Real property Services re: Residential Assessment Ratio e. GS & Associates re: Hookup to water on Osborne Hill Rd., w/corr. from Eng. to Town J. Paggi f. Notification of intent to renew liquor license by JTG Enterprise, Inc. - AKA Jets Place, Myers Corners Rd. .g. M. Liebermann, Zng Adm. request to attend Code Enforce ment Conference 5/3 thru 5/5 in Fishkill; and, Town Judge Morse and Staff request participation in Tele- conference 3/27 h. P. Hohman, D. Co. Clerk to Legislature re: adopted Resolution for Sign Law in conjuction with 911 1 i. Memo from Comptroller Terwilliger requesting authorization to purchase 2 Hewlett Packard Laser Jet Printers from State Bid j. Request for Return of Escrow funds from Pizzagalli Dev. Co. for $371.75 k. F. Buyakowski requests acceptance of Mina Drive as a town road and release of maintenance Bond of $31,402 1. R. Holt, Ch. Rec. Comm. re: jl) request for approval of Bid for Clay for a field at Robinson Lane, and approval of P.O. for same $1,625. (2)Award Bid and seek P.O. for EnvironClean Porta Potty Rentals (3) Request workshop w/Twn Bd. for various subjects. (4) Joseph Ennesser re: Reese Park Footbridge m. J. Paggi, Eng. to town reports: (10 Farms End Rd. (2) 14 Carroll Dr./DiDonato drainage (3)Wapp. Sewer Imp. #4 (4) Federal Wetlands Delineation - Montfort Woods Rd., w/report from MDRA (5) Drainage;Brothers Rd/ Gold Rd./Montfor Woods rd. n. Graham foster, H. Supt. Memos: (10 request to go to bid for excess Equiptment (2)Keenan Acres Subd. (3) Bids for Stripping & Bituminous Concrete o. M. Tremper, CAMO Corr. (1) Milky Water Complaint (2) Tree removal - Tall Trees p. Hindu Samaj Walkathon-May 7th (on Brown Rd.) requests guidelines q. Scenic Hudson - Support Conservation & Reinvestment Act r. Sam Lincoln, re: "No Littering" signs on Route 9D 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zng. Adm. Reports - Jan. & Feb. i� AGENDA I� March 27, 2000 lPage 2 - Con't 8. RESOLUTIONS A. Consider adoption of Local Law for STOP sign -Kent Rd. b. ". Fraiw•is Horgpitai for Employee �. Assimbwnce Progaam, and Auth%vi.ze Supervisor to sign C. Appointment of Building Inspector d. Appointment of Fire Inspector i 9. UNFINISHED BUSINESS �I a. Request from V. Francese for reimbursement of over- payment on Health Insurance b. Alternate Sites for Group Home I !110. NEW BUSINESS 1111. ADJOURNMENT ,I REMINDER: PUBLIC HEARING ON L.L. FOR STOP signs -Rent Rd. f i; I at 7:20 P.M. *** THERE WILL BE INTERVIEWS FOR BUILDING INSPECTOR 6:30 P.M. I . EXECUTIVE SESSION TO DISCUSS TAX..CERTORARIS WITH E. SARIS, is. I� at conclusion of meeting. i �, i 03/27/2000.RGM The Regular Town Board Meeting of the Town of Wappinger was held on March 27, 2000 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 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 UNFINISHED BUSINESS COUNCILMAN RUGGIERO moved to discuss alternate sights for the proposed RSS group home at the start of the meeting. Seconded by Mr. Bettina Motion Unanimously Carried SUPERVISOR SMITH announced that four (4) alternate sites had been presented to the Board. Route 376 a/k/a the Becker property 20 Hackensack Heights Losee Road New Hackensack Road SUPERVISOR SMITH wished to have Route 376 withdrawn because it backs up to another group home already established on Dogwood Road, COUNCILMAN PAOLONI wished to have Hackensack Heights withdrawn, because of potential problems with flooding and drainage. COUNCILMAN RUGGIERO asked Mr. Roberts, Attorney to the Town what is the next step, if the BOH determines that the Osborne Hill Site is not suited because of drainage, swamp, mosquito's etc. Mr. Roberts answered that the BOH is not going to look into this property in terms of drainage or mosquito's. They are going to make a determination solely on the basis of whether they can get sufficient water and septic on site. If it is determined that that the site is not suited, then RSS will have to start the process all over again and locate another site. Resident Kilkenny asked, if the municipality decided the site is not suitable, then how can RSS build? Jay Paggi, Engineer to the Town explained, that if and when an application is made the Health Department will consider constraints for putting a sub - service sewer disposal system including its affect on the neighboring properties. However, they have identified and codified the requirements for 1 03/27/2000.RGM affect on adjacent properties. They are minimum separation between their proposed septic and adjacent wells and minimum separation between their proposed well and the adjacent septic. Ms. Kilkenny wished to know who do they go to for help, if the town can't help them. Is there anything about draining Green Fly Swamp. Mr. Paggi replied "no", Green Fly Swamp is protected by the DEC. Ms. Kilkenny explained that drains were installed in the swamp when Route 9 was expanded, and someone filled them in. Mr. Bettina explained to Ms. Kilkenny, we are bound by the law. He asked Mr. Paggi to explain what alternative actions we do have to help these residents on Osborne Hill Road. Mr. Paggi explained that he and a co-worker went out to inspect Mr. & Mrs. Perry's property last week, and walked back of the property as far back as they could, and they made a determination that the flooding that's occurring in the Perry's area is hydraulically connected to the Green Fly Swamp. It is a "designated wet land", and we cannot go in there. That swamp drains to a drainage system on the west side of Route 9 in the general vicinity of Lawrence Farms. From there it travels through a series of pipes and open ditches and crosses Route 9 proceeds north to the Attorneys Office then flows back across Route 9 to an open ditch on the west side of Route 9 eventually crossing Osborne Hill Road and going down a large ditch on the side of Viscount Liquor Store. The whole series of pipes and ditches is in a state of disrepair. As that water level and the storm drain system rises and falls, it effects the elevation in Green Fly Swamp, which in turn effects the elevation in water in the rear of the properties along the east side of Osborne Hill Road. Perhaps the board could authorize Mr. Paggi and Mr. Foster to spend some time documenting exactly what is in the Route 9 area, what condition its in and present these facts to the DOT. COUNCILMAN VALDATI moved to authorize Jay Paggi, Engineer to the Town and Graham Foster Highway Superintendent to investigate the drainage in the Route 9 area so we may present all these facts to DOT. Seconded by Mr. Bettina Motion Unanimously Carried. Mr. Hartman was recognized by the board, he explained that given all the facts, documented for 33 years he would ask, forget district boundaries and vote for the alternate sites because it is the right thing to do for these people. He would like to see a unanimous vote. A resident of 125 Osborne Hill wished to know, if they bring in fill at 131 and make it higher than his property, and there is a heavy rain, and the water comes back from the swamp, who is responsible? Mr. Paggi responded that he did not know, he is not proposing to build there, the state is. Another resident wished to know if 2 03/27/2000.RGM RSS cannot get potable wells what do they do. Mr. Roberts, Attorney to the Town answered, that they would not be able to get a building permit or a CO unless they have water on site. COUNCILMAN BETTINA explained, that residents of the alternate sites will not be given the same opportunity to speak or be heard as the people of Osborne Hill. We do not write the law, Governor Cary set that law in action. COUNCILMAN BETTINA moved to consider all the alternate sites for submission to RSS. Seconded by Mr. Ruggiero At this time, 8:47 p.m. COUNCILMAN RUGGIERO moved to go into Executive Session to confer with Legal Council, because some of the alternate sites were just handed to him tonight, and he is not familiar with them. Seconded by Mr. Paoloni Motion Unanimously Carried The meeting reconvened at 9:07 p.m. with all Board Members Present. COUNCILMAN BETTINA moved to consider all the alternate sites for submission to RSS. Seconded by Mr. Ruggiero ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Valdati Nay Councilman Bettina Aye Councilman Ruggiero Nay Councilman Paoloni Nay Motion Defeated PETITIONS & COMMUNICATIONS Due to the lateness of the hour, the Supervisor selected only a few items of importance off tonight's Agenda for the Boards consideration. Mark Liebermann, Zoning Administrator requests permission to attend the 2000 Hudson Valley Code Enforcement Officials Conference from 5/3/00 to 5/5/00 in Fishkill. The conference counts toward the required 24 hours of in service training required to maintain New York State certification in Code Enforcement, and the total cost is $170. COUNCILMAN BETTINA moved to authorize Mark Liebermann to attend the Hudson Valley Code Enforcement Officials Conference from 5/3/00 to 5/5/00, and his legitimate expense to be a town charge. Seconded by Mr. Ruggiero Motion Unanimously Carried 3 03/27/2000.RGM Judge Gloria Morse and her staff request permission to attend the Satellite Teleconference offered by the NYS Office of the State Comptroller and the Office of Court Administration on 3/27/00. The registration fee is $10 per person. COUNCILMAN BETTINA moved to authorize Judge Gloria Morse and her staff to attend the Satellite Teleconference offered by the NYS Office of the State Comptroller on 3/27/00, and their legitimate expense to be a town charge. Seconded by Mr. Ruggiero Motion Unanimously Carried A memo from Comptroller Terwilliger requesting authorization to purchase 2 (two) Hewlett Packard Laser Jet 2100 TN Printers under NYS Bid Contract Award No. 533e, Group 75502 at $860.81 each. Funds have been budgeted in A -General Fund, Accounts 1330.2A and 1315.2A respectively to cover the purchase. Two quotes for Printers were received: Northeast Computer Services @ $892 ea. Comark Government & Education Sales @935 ea. COUNCILMAN RUGGIERO moved to authorize the purchase two Hewlett Packard Laser Jet Printers from State Bid at @ $860.81 ea. as requested by Mr. Terwilliger, they being the lowest bid. Seconded by Mr. Valdati Motion Unanimously Carried Next are several requests from Ralph Holt, Recreation Chairman. The first is permission to obtain a P. O. in the amount of $2,500 payable to Southern Industrial Sand for 75 Tons of clay for the recreation fields at Robinson Lane. The following are prices received as of the end of January for the purchase and delivery of the clay, but because of the fuel prices being so unstable, no one would commit to a guaranteed price. Since we have been dealing with Southern Industrial Sand for several years, we feel that they might be willing to work with us during this difficult time. They are also responsible in making their deliveries. U.S. Silica/formally Unimin Corp and Morie Corp. $31.95 T Southern Industrial Sand 32.25 T Red Wing Properties Does not carry this type of clay COUNCILMAN RUGGIERO moved to approve a P. O. in the amount of $2,500 payable to Southern Industrial Sand for 75 T of clay for the recreation fields at Robinson Lane, as recommended by Mr. Holt. Seconded by Mr. Bettina Motion Unanimously Carried 4 03/27/2000.RGM Recreation requests approval to add additional top of the line clay to a field at Robinson Lane. They have discovered this clay will outlast the cheaper clay and at the same time provide a better and safer surface to play on. The fine quality of this clay justifies the study. Mr. Holt is requesting a P.O. in the amount of $1,625 for 25 tons of clay payable to Partac Peat Corporation. COUNCILMAN RUGGIERO moved to authorize a P.O. in the amount of $1,625 payable to Partac Peat Corp., for 25 tons of clay as requested by Mr. Holt. Seconded by Mr. Bettina Motion Unanimously Carried The last request from Mr. Holt is to obtain P.O.'s payable to Enviro Clean to Porta Potty for the following porta john rentals for the year 2000. Robinson Lane $ 852.00 Airport Park 1,452.00 Rockingham Park 1,104.00 Boat Ramp 345.00 Castle Point 414.00 Schlathaus Park 600.00 Quiet Acres 138.00 Hughsonville Area Playground 138.00 The following are the quotes receive for the year 2000. Regular Unit Handicapped Unit A-1 Portable Toilets $75.00 $125.00 EnviroClean Porta Potty $69.00 $150.00 M. & O. Sanitation $75.00 $125.00 The total cost for the season is $5,043.00 for Enviro Clean and $5,025.00 for M. & O. and A-1, showing a difference of $18.00. Recreation is requesting permission to award the bid to Enviro Clean, as they have been used in the past and are responsible in delivering, pick up and cleaning. A-1 has also been used in the past, but there is no question that Enviro Clean did better job in upkeep and cleanliness. Mr. Holt expects the Town to be using additional portajohns during the year for Community Day, the Senior Citizen Picnic and Special Tournaments at Robinson Lane, which will ultimately make Enviro Clean the lowest responsible bidder. COUNCILMAN BETTINA moved to authorize P.O.'s payable to Eviro Clean Porta Potty, they being the lowest responsible bidder, as recommended by Mr. Holt. Seconded by Mr. Ruggiero Motion Unanimously Carried A report from Jay Paggi, Engineer to the Town on the Wappinger Sewer Improvement Area No. 4. Mr. Paggi is in the process of preparing plans and specs for providing sanitary sewer service to Four Fields Road, a private road 5 03/27/2000.RGM on the north side of Myers Corners Road, just east of Kent Road. Currently, the DCDPW is in the process of making significant improvements to Myers Corners Road in this area. This may be an opportune time to have their contractor place the sanitary sewer main under Myers Corners Road and not have to deal with it after their improvements are complete. With that in mind, Mr. Paggi contacted John Tekben of the DCDPW and asked him his opinion on this matter, and he wholeheartedly agreed and would ask his contractor for a price for the work within their county right-of-way. Mr. Paggi is requesting authorization to provide the DCDPW with the necessary sketch for the work to be done, and authorization to agree to pay their contractor the sum of money to construct this main. The work will need to be done in any event, and if done after the improvements are made to Myers Corners Road, would cost significantly more. A preliminary estimate of the additional necessary work to be performed after the DCDPW is complete is in the range of $50K. COUNCILMAN VALDATI moved to authorize Engineer to the Town, Jay Paggi to provide the DCDPW with the necessary sketch for the work to be done, and authorization to agree to pay their contractor the sum of money to construct this main. Seconded by Mr. Ruggiero Motion Unanimously Carried Highway Superintendent, Graham Foster would like permission to advertise the following excess Highway Equipment out to bid: 1. 1973 Chevy Dump Truck 2. 1983 Chevy Pick-up 3. Air Compressor 4. Cement Mixer 5. Roller COUNCILMAN RUGGIERO moved to authorize Mr. Foster to Advertise for bid, the excess equipment for the Highway Department. Seconded by Mr. Valdati Motion Unanimously Carried The following is a result of bids for Blacktop and Road Striping: Blacktop There were two tie bids at $28.00/ton F.O.B. from Tilson and Thalle Industries. Since Tilson is the closest to the garage, Mr. Foster recommends the bid be awarded to Tilson with Thalle Industries as a backup. Striping 03/27/2000.RGM Mr. Foster only received one bid for striping, from Atlantic Pavement Marking for $202 per mile and recommends we award the bid to them. COUNCILMAN RUGGIERO moved to award the bid for the blacktop to Tilson at $28/ton as recommended by Mr. Foster Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN VALDATI moved to award the bid for the stripping to Atlantic Pavement Marking at $202 per mile, as recommended by Mr. Foster. Seconded by Mr. Ruggiero Motion Unanimously Carried RESOLUTIONS Due to the failure of notice of Publication being printed in the newspaper, the local law for the establishment of a STOP sign on Kent Rd & Central Ave., a second Public Hearing was necessitated. COUNCILMAN RUGGIERO moved that the Public Hearing for the Local Law for the STOP sign on Kent & Central Ave. be reset for April 24, 2000 at 7:15 p.m. Seconded by Mr. Bettina Motion Unanimously Carried The Civil Service position of Building Inspector having been vacated by reason of resignation of Paul Foody was now placed before the Board. COUNCILMAN BETTINA offered the following Resolution and moved its adoption: RESOLVED that John Kruse be and hereby is appointed provisionally to the Civil Service position of Building Inspector for the Town of Wappinger and, BE IT FURTHER RESOLVED, that the annual salary for this classified Civil Service position in the town be and the same hereby is fixed and established at the following annual rate of $33,736, prorated, to be paid every Friday throughout the year. Seconded by Mr. Valdati Motion Unanimously Carried SUPERVISOR SMITH informed the board that Mr. Kruse will start on May 1St. Next is to fill the Civil Service position of Fire Inspector. SUPERVISOR SMITH offered the name of John Ricci to fill this position. Mr. Ruggiero explained that he would like the opportunity to interview Mr. Ricci. The board extended this opportunity to Mr. Muro so in all fairness he feels Mr. Ricci should be also be interviewed with all board members present. SUPERVISOR SMITH explained, at the time the interview was 7 03/27/2000.RGM conducted for Mr. Ricci, none of the Board Members showed, up and Mr. Ruggiero was the only one who called. COUNCILMAN RUGGIERO moved to table the appointment of Fire Inspector until Mr. Ricci has been interviewed by the entire board. ROLL CALL VOTE Supervisor Smith Councilman Valdati Councilman Bettina Councilman Ruggiero Councilman Paoloni Nay Aye Aye Aye Aye Motion Carried At this time 9:25 p.m. COUNCILMAN BETTINA moved to go into Executive Session to discuss Tax Certioraris with Emanuel Saris Esq., seconded by Mr. Ruggiero and unanimously carried. The meeting reconvened at 9:45 p.m. with all Board Members present. There was no action taken at Executive Session. There was no other business to come before the Board. COUNCILMAN RUGGIERO moved to close the Town Board Meeting seconded by Mr. Bettina and unanimously carried. The meeting closed at 9:46 p.m. Elaine H. Snowden Town Clerk 9- F�