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1999-12-27 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER DECEMBER 27, 1999 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Nov. 8, '99 Nov. 22, '99 4. REPORTS OF OFFICERS Sup/Compt, Town Justices Receiver of Taxes i Bldg. Insp. Zng. Adm. Dog Control Officer Assessor Highway Supt.` 5. PETITIONS & COMMUNICATIONS -- a. Dan O'Connor, P.E., DCDO11, commending T/Bd for fast action on Rockingham Water Contamination b. F. Buyakowski request that Town Board accept Farms End Road as a Town Road .c. Resignation of Paul Foody as Building Inspector d. Steve Rosenberg, Scenic Hudson, commending Town Boa4for decision to purchase Greystone e. Councilman Ruggiero re: Blackthron Loop traffic problem f. A. Roberts, Attny to Town, Reports: (1) recommend town accept Deed from Herczeg - small strip along Kent Road (2)Tri Muni 3A Easements G. Foster, H. Supt. corr; (1) Easement -Montfort Woods Rd. (2) Drainage Easement-Schnabl Ct. h. M. Tremper, CAMO, Reports; (1) Emergency Services Bldg. Septic System (2) Rockingham Wellfield Giardia Results (3)Rockingham Water Dist problem i. J. Paggi, P.E., Eng to Twn.; reports: (1) Mid Hudson Dev. Corp. Subd. Red Hawk Hollow Rd. Bond Reduction (2) Oakwood Knolls Wate Dist. (11/1_9/99) (3) Chelsea/Liberty St. Parking (4) Castle Point Landfill Progress Report (12/8/99) (5) Rockingham Drainage 88 Scott Drive j. R. Holt, Rec. Ch. Reports: (1) Maintenance Personnel (2)Bridge at Reese Park k. Requests for return of Escrows from: (1) Keeler Subd. $625.25 (2) Phil -Ton Subd. $823. (3) Astor Home for Children $269.25 (4) Martin & Shari Hilmar, 58A DeGarmo Hills Rd. $500 (5) Andlyn Assoc. Lot #1, Farms End $2,500 (6)Andlyn Assoc. 11 Farms End Rd. $1,000 (7) Andlyn Assoc. Lot #3 Spook Hill Rd. $3,500 (8) Mid Hudson Islamic Assoc. $3,710 (9)E. Ginsberg, Pye Lane Dev. Corp. $1,355.50 1. Richard0'Rourke, Attny w/Keane & Beane Re: PIQWON Inc, 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zoning Administrator Report 8. RESOLUTIONS a. Award Bid for Handicap Assessible Automatic Sliding Doors b. Accept Contract for Soccer and Authorize Supervisor to sign c. Dial -a -Ride Contract - accept and authorize Supervisor to sign d. Authorize Justice Court application e. Introduce Local law for STOP signs and set Public Hearing f. Set ReOrganizational Meeting g. Requests for Transfers from Comptroller 9. UNFINISHED BUSINESS 10. NEW BUSINESS CLOSE MEETING 12/27/99.RGM A Town Board Meeting of the Town of Wappinger was held on December 27, 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order 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: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway, Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Regular Meeting of November 22, 1999, having previously been forwarded to the Board Members, was now placed before them for their consideration. COUNCILMAN RUGGIERO moved that the above stated Minutes as presented by the Town Clerk, be and they are hereby approved. Seconded by Mr. Valdati Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of November were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Building Administrator, Zoning Administrator, and Assessor. COUNCILMAN VALDATI moved to accept the above reports and place them on file. Seconded by Mr. Ruggiero Motion Unanimously Carried PETITIONS & COMMUNICATIONS Correspondence was received from Dan O'Connor, P.E., with the Dutchess County Department of Health, commending the Town Board for the fast action on the Rockingham Water Contamination. COUNCILMAN BETTINA moved to accept the letter of commendation from Mr. O'Connor, and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Frank Buyakowski requesting the Town Board accept Farms End Road as a Town Road. Also received is a letter from Highway 1 12/27/99.RGM Superintendent, Graham Foster informing the Board that he has inspected Farms End Road and recommends the road be accepted as a town road. COUNCILMAN RUGGIERO moved to accept Farms End Road as a town road, based on the recommendation of Graham Foster, pending easement descriptions from Mrs. Devine and, "As -Built" acceptance by Mr. Paggi, Engineer to the Town and Mr. Roberts, Attorney to the Town Seconded by Mr. Valdati Motion Unanimously Carried A letter of resignation has been received from Paul Foody, Building Inspector, effective January 7, 2000. COUNCILMAN BETTINA moved to accept the resignation from Mr. Foody and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN RUGGIERO moved to go to workshop to discuss creation of a Deputy for Zoning/Building Departments. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Steve Rosenberg, Scenic Hudson, commending the Town Board for their decision to purchase Greystone. COUNCILMAN RUGGIERO moved to accept the correspondence from Mr. Rosenberg and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Councilman Ruggiero in regard to the Blackthorn Loop traffic problem. Mr. Ruggiero was contacted by a constituent who lives off Blackthorn Loop who is very concerned about the volume of cars that speed through the neighborhood in the early morning to bypass the traffic light in front of Roy C. Ketcham High School. Residents have made numerous requests to enforce the speed limit, but the Town Patrol has not maintained a steady presence in the area to deter speeding. Several alternatives were discussed with the residents that were in attendance. COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to contact the State Troopers and explain the situation for enforcement during the hours of this problem. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO also moved to authorize Al Roberts, Attorney to the Town to prepare a "No Right Hand" Local Law from Myers Corners Road 2 12/27/99.RGM into Blackthorn Loop during the hours of 6-8 a.m., except school buses, and also authorize the Highway Superintendent to contact the school district to make arrangements to retime the green arrow longer. Seconded by Mr. Paoloni Motion Unanimously Carried Next are several reports from Attorney to the Town, Al Roberts. The first report concerns the Herczeg Subdivision, a small strip along Kent Road. Leo Ritter, attorney to the Herczeg Family has provided Mr. Roberts with a copy of a Title Report. The Title Report indicates that the title to this property is free and clear, and accordingly, recommends the Town accept the deed and have the same recorded as soon as possible. COUNCILMAN VALDATI moved to accept the deed as recommended by Mr. Roberts. Seconded by Mr. Bettina. Motion Unanimously Carried The second report concerns obtaining the necessary easements for Tri - Municipal. The first is the Kowalsky parcel on Old Hopewell Road. • Mr. and Mrs. Kowalski have agreed to give the town the necessary easement; • The Town will relocate an existing storm sewer pipe easement and located it into the same easement area as the sewer pipe. • The Town will construct a sewer lateral to within several feet of the existing house and will install a "Tee -Wye" and remove trees. • The Town will abandon old easement after storm sewer pipe relocated. • Mr. and Mrs. Kowalsky have executed the Agreement, the Easement and the TP -584. Mrs. Smith has executed the Termination of Easement Rights which is to be held in escrow pending completion of the project. COUNCILMAN VALDATI moved to authorize the Supervisor to sign the Agreement, the Grant of Permanent Easement, TP -584 and Ratify and confirm her authority to sign the Termination of Easement Rights. for the Kowalsky parcel. Seconded by Mr. Ruggiero Motion Unanimously Carried The second easement is the Wood parcel on Cayuga Drive. • Mr. & Mrs. Wood have preliminarily indicated they would give the necessary easement to the Town. • Terms - The Wood parcel is relatively small and the following would be required: • Remove existing shed in southeast corner of property. 3 12/27/99.RGM • Remove septic tank and distribution box from easement area and relocated and replace same outside of easement area with 1,000 gallon pre -cast septic tank and distribution box. • Excavate and replace existing patio in easement are.; • Saw cut concrete pad. • Remove portion of driveway to facilitate construction of sewer line and on completion, re -surface entire driveway. • Install sanitary sewer lateral to between 5 and 10 feet from house. Mr. Roberts has forwarded the Agreement, Grant of Easement, TP -584, consent form (to allow location of existing septic tank, etc.) copy of easement map. COUNCILMAN VALDATI moved to approve the Agreement and authorize the Supervisor to sign the Agreement, the Grant of Permanent Easement, and TP -584 for the Wood parcel. Seconded by Mr. Ruggiero Motion Unanimously Carried The third easement is Kandr Associates, LLC ( Hark Plaza Bldg. 2) Mr. Roberts has spoken to Mark Ritter, one of the principals of Kandr, who indicated he would grant the Town the necessary easement. The original Grant of Easement and TP -584 have been delivered to him for signature. The Town must authorize the Supervisor to sign the Easement and the TP - 584. COUNCILMAN RUGGIERO moved to authorize the Supervisor to sign the Easement and the TP -584 for Kandr Associates. Seconded by Mr. Bettina Motion Unanimously Carried The fourth easement is the Callahan parcel, 13 Seneca Lane. Supervisor Smith, Mr. Paggi, and Mr. Roberts met with Mrs. Callahan and preliminary indications are, the easement will be granted. • Terms - Town will construct a 4 inch sewer lateral to facilitate connection to sewer system and remove certain trees within the easement area. • The permanent easement area for the sewer will be limited to the existing drainage easement presently owned by the Town. • The Town must approve the Agreement and authorize the Supervisor to sign the Grant of Permanent Easement, and TP -584. COUNCILMAN VALDATI moved to approve the agreement, and authorize the Supervisor to sign the Grant of Permanent Easement, and TP -584 for the Callahan parcel. Seconded by Mr. Ruggiero Motion Unanimously Carried The fifth easement is for the Sciamatore parcel, 14 Seneca Lane. Supervisor Smith, Mr. Paggi, and Mr. Roberts met with Mr. Sciamatore, and preliminary indications are, that they will grant the necessary easement. 19 12/27/99.RGM Terms - Town will plant approximately 8 evergreen hemlock trees on the north boundary of the permanent easement area. Construct a 4 inch sewer lateral to approximately 5 feet of the Sciamatore house. COUNCILMAN VALDATI moved to approve the agreement and authorize the Supervisor to sign the necessary papers for the Sciamatore parcel. Seconded by Mr. Ruggiero Motion Unanimously Carried The sixth easement is the Ditulli parcel, 3 Cayuga Drive. • Mr. & Mrs. Ditulli have signed the easement and Mrs. Smith has executed the TP -584. • The original easement has been forwarded to the County Clerk's Office for recording. • The Town Board should confirm that Mrs. Smith had the authority to sign the easement and the TP -584. COUNCILMAN VALDATI moved to confirm that Mrs. Smith had the authority to sign the easement and the TP -584. Seconded by Mr. Ruggiero Motion Unanimously Carried The last easement is the Capolino parcel, 109 Old Hopewell Road. • The Capolino parcel is in the parents' Estate. Ken Capolino, the Executor, and Mr. Roberts have had numerous discussions and as of last week, he indicated he would give the Town the easement. Earlier indications were that the Capolino's wanted to be compensated for the easement, and accordingly, an appraisal has been undertaken. The value of the easement was appraised at $980, and the use of the Temporary Easement appraised at $0.13 per day. • Mr. Roberts had previously forwarded to Mr. Capolino, a proposed Agreement for advance payment, proposed easement and TP -584. • Last week, Mr. Capolino indicated he would waive any compensation for the easement. Accordingly, Mr. Roberts is revising the documents and forwarding same to his attorney. • To facilitate matters, the Town Board should authorize acquisition of the parcel at a cost not to exceed $980 and $0.13 per day for the temporary easement, authorize the Supervisor to execute the Agreement for advance payment and the easement and the TP -584. COUNCILMAN VALDATI moved to authorize acquisition of the parcel at a cost not to exceed $980 and $0.13 per day for the temporary easement, authorize the Supervisor to execute the Agreement for advance payment, the easement and the TP -584. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Graham Foster, Highway Superintendent regarding the Easement at Montfort Woods Road. Mr. Foster informed the board that the residents of the west side of the Montfort Woods Road requested him to clean out their easement. Mr. Foster contacted Mr. Paggi's office to identify 5 12/27/99.RGM the easement before starting work. Peter Paggi researched the deeds, and found that the easement is described as following the natural water course, and cannot be staked out by normal survey methods. This would require his crew to follow the path where the water would most likely go. It would be necessary to use an excavator, which would disturb a good size portion of the federal wet land. This cannot be done without a permit. We should look at the cost of getting a permit before proceeding. Also, due to the extent of the work which would need to be done, we could be denied a permit. Discussion followed. COUNCILMAN PAOLONI moved to authorize Engineer to the Town Jay Paggi to contact the Army Corp. of Engineers and take to a workshop. Seconded by Mr. Ruggiero Motion Unanimously Carried The next memo received from Mr. Foster concerns the drainage easement on Schnabl Court. Also enclosed with the memo is a letter from Mr. Albert Capparelli of 6 Schnabl Court thanking Mr. Foster for the opportunity to discuss the drainage problem he and his neighbor, Mr. Bonelli have, even though they cannot come up with a solution agreeable to both parties. Upon meeting with Mr. Capparelli at the site, Mr. Foster explained that he was unable to gain access to the holding pond, because the neighbor at 4 Schnabl Court had planted a tree in the easement, and Mr. Capparelli had planted several trees, built a decorative wall and a retaining wall, to support an elevated driveway easement. This appears to be a disagreement between neighbors. Mr. Capparelli attempted to negotiate a reduction in the width of the easement with Mr. Foster, which is unacceptable. To gain access to the holding pond, in all fairness to both parties, we should insist that any encroachments in our easement be removed. Once that is done the holding pond can be maintained for drainage purposes. Discussion followed. Mr. Roberts, Attorney to the Town explained, if anyone has done something in the easement that is impeding the towns rights, they must be directed to remove it, and remove it immediately. COUNCILMAN RUGGIERO moved to authorize Jay Paggi, Engineer to the Town to confer with Graham Foster to identify easements, and report back to the board with his report. Seconded by Mr. Valdati Motion Unanimously Carried Next are several reports from Mike Tremper of CAMO. The first report concerns the Emergency Services Building Septic System. On December 2, 1999 CAMO received a call to respond to an alarm sounding at the C� 12/27/99.RGM Emergency Services Building. After hand -digging up the access points to the septic tank and pump chamber and having all County resource Management pump out the septic tank, it was found that one of the pumps in the pump chamber had failed. A new pump was installed, the controls and pump operations were checked, and the septic tank was backfilled. It should be noted that the original design of this pump chamber was for a two -pump operation. Investigation revealed that only one of the two pumps was wired to operate. In order to re -wire the system to provide for a normal two -pump lead lag operation, additional wires need to be run to the pump chamber. CAMO Pollution Control, Inc., can provide cost estimates to upgrade the wiring and the control system, and to install a new pump to allow for a typical two -pump operation. However, we have been informed by the Town Engineer that in the near future both the Town Hall and Emergency Services Building will flow to Tri -Municipal. COUNCILMAN VALDATI moved to authorize Jay Paggi, Engineer to the Town to follow up and report back to the Board. Seconded by Mr. Bettina Motion Unanimously Carried The second report concerns the Rockingham Wellfield Giardia results. Recently, the Roberts Mobile Home Park, which falls under the same regulations which the town complied with in 1995, collected samples to obtain the same determination as the Wappinger well fields. As you are aware, these samples indicated that there was a possible giardia problem. The park owner has since applied to the Town to be hooked into the Central Wappinger Water District. As a precaution, CAMO collected samples from two wells at the Hilltop Well Field and two wells at the Rockingham Well Field. The samples from the Hilltop Well Field were clean, and the samples from the Rockingham Well Field found well #1 to have giardia count of 1 per 10 liters and well #2 with a giardia count of 3 per 10 liters. CAMO notified the Health Department, shut down the wells, and began feeding the Rockingham Water system from Hill Top Well Field. In addition, the hydrants in the Rockingham Water District are being flushed to help clean out the water mains. The Rockingham storage tank on Maxwell Place was taken off line and drained. The residents were notified to boil water as a precautionary until negative sample results can be collected from the distribution system. CAMO went from door to door handing out notices with Health Department standard verbiage for "boil water" practices. When negative sample results are received from the distribution system, notices will be hand delivered to residents informing them that the water is 7 12/27/99.RGM satisfactory. Whereas the short-term actions for this case will bring any potential problems under control, the long -rang concerns are more significant. I don't believe we will be able to return the Rockingham wells to service for some time. The system will have to ride on the Hilltop Well Field. COUNCILMAN RUGGIERO moved to accept the report from Mr. Tremper, and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried The last report from Mr. Tremper concerns the Rockingham Wellfield Giardia results. On December 6, 1999 CAMO received notification from the lab that the three samples had come back clean of giardia and cryptosporidium. The "boil water" notice was then lifted. As a follow-up, the Dutchess County Health Department has requested that we sample all Hilltop wells for giardia and cryptosporidium. The short term problem for Rockingham section appear to be over, there are still long term concerns. The condition of the tank is poor. Now that it has been drained, the oxidation process will increase drastically and it will deteriorate much more quickly. If there are plans to rehabilitate this tank, CAMO recommends it be done while the tank is currently out of service. If a drought exists as it did last summer, there will not be enough water at the Hilltop Well Field to satisfy the Rockingham section. COUNCILMAN RUGGIERO moved to accept the report from Mr. Tremper and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried A memo was received from Jay Paggi, Engineer to the Town concerning the Mid -Hudson Development Corporation Subdivision on Red Hawk Hollow Road. Mr. Paggi informed the board that his office has calculated the amount of the bond reduction for roadway extension and utility construction for the six (6) lot subdivision of Lands of Mid -Hudson Development Corporation located at the end of Red Hawk Hollow Road, to reflect work performed up until this date, 11/1/99. The total construction value of the remaining work (adjusted to October, 1999 dollars is $25,337.00. It has been the practice of the Zoning Administrators office to add 20% for necessary administrative costs, which would make the total $30,404. By copy of this letter, Mr. Paggi is requesting the Developer (Chris Solicito) perform the following items: 1) Pave (binder) the ditchline through the existing cul-de-sac. 2) Cut all storm pipe flush with the interior of the catch basins. 12/27/99.RGM COUNCILMAN VALDATI moved to approve the bond reduction for Mid - Hudson Development Corp., Sub., Red Hawk Hollow Road to $30,404.00 as recommended by Mr. Paggi. Seconded by Mr. Ruggiero Motion Unanimously Carried At the last Town Board meeting, Jay Paggi, Engineer to the Town was instructed to research an old file he had on the Oakwood Knolls Water District relative to providing treatment for the existing water supply, and to connect them into Central Wappinger Water Improvement Area. On page 6 of his report it can be seen that the construction costs relative to the installation of a green sand filter were approximately $50K in June of 1986. Engineering costs were approximately $6,700 and O & M costs were approximately $3,210, not including electric cost (estimated to be approximately $124.00 month). It was further reported that the construction cost to replace the existing water storage facility was approximately $28K. An analysis of the construction cost index from June 1986 - November 1999, indicates an increase of approximately 50%. It is therefore advised, that the above numbers, and the numbers included in the 1986 report, would necessarily be increased by 50% to reflect 1999 dollars. In researching the 1991 files for the feasibility of connecting the Oakwood Knolls Water District to the Central Wappinger Water Improvement Area the estimated construction costs would be approximately $100K. Also, the performance of the wells in 1999, relative to 1986, has decreased. Mr. Paggi recommends, if the board is going to pursue a fix in any direction, that it be a connection into the Central Wappinger system. This would take the O & M costs and spread them over a much larger base than the 77 homes, and in the long run provide for a more stable source of water for the residents. Supervisor Smith announced that she was setting up a meeting on Saturday, January 22nd at 9:30 am to discuss the joint city, town water connection and the 99-2 improvement including the Rockingham revision. After the meeting we will go on a tour of the town/city plants. COUNCILMAN RUGGIERO moved to authorize Mr. Paggi to include an addendum to the 99-2 plan to incorporate the Oakwood Knolls Water District into that plan, and also authorize Attorney to the Town, Al Roberts to prepare a legal opinion on the feasibility of tying Oakwood Knolls Water District into the Central Wappinger Improvement Area. Seconded by Mr. Valdati Motion Unanimously Carried The next report from Mr. Paggi concerns the Chelsea/Liberty Street Parking. 41 12/27/99.RGM At the November 22nd Town Board Meeting, the Board discussed a letter they received from the Chelsea Fire Department regarding parking on both sides of Liberty Street and its impact on the safe passage of fire fighting apparatus. The Board authorized Graham Foster and Mr. Paggi to make a field inspection of the above site to determine a possible remedy to the situation. It is recommended that a letter from the Town Board be sent to each of the churches on Liberty Street in Chelsea, asking them not to park along the sides of the street during Sunday and other services, south of the existing churches and fire station. This would allow fire fighting apparatus to proceed southerly from the fire station without interruption. If this does not work voluntarily, then the town may wish to consider the adoption of "No Parking" zones along this section. The Town may also wish to consider asking the two churches to construct off-street parking facilities that could accommodate their needs. COUNCILMAN VALDATI moved to authorize Supervisor Smith to send letters to both churches requesting parishioners not to park along sides of streets during services. Seconded by Mr. Ruggiero Motion Unanimously Carried The next report received from Mr. Paggi is the Castlepoint Landfill Progress Report. The one-year guarantee period runs out on November 4, 1999. Paggi, Martin & DelBene and the Department of Environmental Conservation conducted a final inspection on November 1999, and generated a punchlist of items that the contractor must complete prior to release of his $14,655.00 retainage. The items that need to be completed consist of repairing areas where the cover has eroded or where the grass has not taken, as well as cleaning, fill and/or regrading of drainage ditches. As of this date, Hudson Canyon Construction has performed all remedial work with the exception of regrading the down gradient ditch. In order for the Town to receive the 10% EQBA retainage, the Town must complete the following three (3) items necessary for the DEC to sign off the project. 1. Submit "As Built" drawings of the final in-place cap system. 2. Submit a new deed for the property indicating the time during which the property was used as a landfill, with a brief description of the types and amounts of waste contained within it, and noting that record of the facility are on file with the DEC. 3. Submit a Post Closure Operation and Maintenance Manual including a schedule for 30 years of quarterly testing of the major components which are: 10 12/27/99.RGM a) quarterly visual inspections for damage to cap systems, erosion, leachate, vectors, etc. b) quarterly explosive gas monitoring c) quarterly water quality monitoring for 2 gradient wells (1 rock, 1 overburden) and 1 upgraded well. These test must include one quarter of baseline testing and three quarters of routine testing. COUNCILMAN VALDATI moved to authorize Attorney to the Town, Al Roberts prepare a new deed for the Castle Point Landfill as requested by Mr. Paggi. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize Jay Paggi to prepare Specs for Bid for Post Closure monitoring. Seconded by Mr. Bettina Motion Unanimously Carried The last report concerns the Rockingham Drainage at 88 Scott Drive. At the November 22nd meeting, Mr. Paggi was authorized to make a field inspection of 88 Scott Drive with Highway Superintendent, Graham Foster, as a result of a drainage concern voiced by the resident of the above address. Mr. Paggi made a field inspection of this property in March 1995, and has enclosed a copy for the boards review. A review of the Filed Map 3425 indicates that there is an open stream easement that drains southerly from Carroll Drive along the west side of lot No. 124. The open stream easement makes a 90 degree bend and drains due east toward Scott Drive. From that point, south to Old Hopewell Road along the west side of Lots No. 120, 121, and 122, a 30' wide utility easement is shown. Specific to the lot in question, Lot No. 121, this utility easement takes the form of a swale that drains the runoff from the Carroll Drive cul-de-sac. This easement drains westerly to the intersection of Lot No. 121 and No. 120, then easterly along their common property line through an existing 42" pipe. There appears not to be an easement for that pipe on the Filed Map. A review of the deed might indicate different, and therefor, we feel that this should be directed to the Town Attorney. In Summary: 1. The Town has a 30' wide utility easement along the rear or westerly side of Lot No. 121, the lot in question. 2. During times of rainfall events, there is road runoff from the last 250 + section of the Carroll Drive cul-de-sac that drains to that utility easement. 3. There exists now a shallow grass swale that due to the composition of the existing soil remains rather soft during wet periods of the year. 11 12/27/99.RGM 4. To effectively change the characteristic of the utility easement would require realigning the depth and width of the swale and changing the surface compositions of the swale and/or piping the utility easement. To deepen the swale and change the surface composition and/or pipe the easement would be a rather large capital construction project. In all likelihood capital costs would range between $20-$40 K. This range of difference is because there is a rather broad scope of work that could possibly done. 5. Legal rights and responsibilities will need to be defined for the existing easements and the drainage pipe/structures. 6. The Town Board will need to make a determination at that point what type of change, if any, will be made to this easement other than what has been done the last 30 + years. In making this determination, it is recommended that the board consider past decisions on other open stream easements throughout the Town. COUNCILMAN RUGGIERO moved to authorize Attorney to the Town, Al Roberts to verify existence of easements as outlined by Mr. Paggi. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Jay Paggi, Engineer to the Town to prepare designs to be discussed at a future workshop. Seconded by Mr. Valdati Motion Unanimously Carried Several reports from Ralph Holt, Recreation Chairman. The first is in regard to Maintenance Personnel. Earlier this year Mr. Holt sought and received approval to make an offer of full time employment to John Weber, who has been employed as a part time employee for the past two years. He accepted the offer, and after re-evaluating his financial position determined that the Town salary and his pension were not adequate to meet his financial obligations, and has chosen to give up the Town job. We will immediately begin to search for a suitable replacement. COUNCILMAN RUGGIERO moved to accept the notification from Mr. Holt and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried The next report concerns the Bridge at Reese Park. As you are aware, it has been a number of years since the bridge at Reese Park was destroyed. Mr. Holt is proposing a new bridge. This bridge would be constructed in a more suitable area and would have its support structure made of metal, making its destruction a little more difficult. It would also be set so the RV's would not be able to cross. The estimated cost for this bridge would be eight thousand dollars ($8,000), and we have already secured a grant for $3,300. We did not Iia 12/27/99.RGM use the 1999 funds assigned to Reese Park for $2,600. With these funds and the use of some under -run funds in our budget line A-7110.4 we could cover the cost of the bridge. We request the town boards approval to encumber $4,900 out of A-7110.4, and proceed in the restoration of this bridge in the year 2000. COUNCILMAN VALDATI moved to authorize replacement of the bridge at Reese Park and encumber $4,900 out of A-7110.4, as requested by Mr. Holt. Seconded by Mr. Ruggiero Motion Unanimously Carried The last report from Mr. Holt concerns the utilization of 1999 funds. As we approach the end of the 1999 budget year, our analysis indicates we will be under budget in our B-7310.4 account due to some unplanned lower than expected charges. Recreation would like permission to move approximately $3,700 of this under -run to budget line B-7310.2 and then use these funds to purchase a new children's slide to be put in place at Castle Point Park. The previous slide was damaged during removal, due to work being done on the landfill at the park. COUNCILMAN RUGGIERO moved to authorize $3,700 from B-7310.4 for the purchase of a new children's slide for Castle Point Park, as requested by Mr. Holt. Seconded by Mr. Bettina Motion Unanimously Carried Requests for the return of escrow were received from (1) Keeler Subdivision, $625.25, (2) Phil -Ton Subdivision, $823, (3) Astor Home for Children, $269.25, (4) Martin & Shari Hilmar, 58A DeGarmo Hills Road, $500, (5) Andlyn Associates, Lot #1 Farms End Road, $2,500,(6) Andlyn Associates, 11 Farms End Road, $1,000, (7) Andlyn Associates, Lot #3 Spook Hill Road, $3,500, (8) Mid Hudson Islamic Associates, $3,710, (9) Ed Ginsberg, Pye Lane Development Corp., $1,355.50. COUNCILMAN BETTINA moved to authorize the return of escrow in the amount of $625.25, to Keeler Subdivision, based on the recommendation of Mark Liebermann, Zoning Administrator. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize the return of escrow in the amount of $823, to Phil -Ton Subdivision, based on the recommendation of Mark Liebermann, Zoning Administrator. Seconded by Mr. Ruggiero Motion Unanimously Carried 13 12/27/99.RGM COUNCILMAN VALDATI moved to authorize the return of escrow in the amount of $269.25, to Astor Home for Children, based on the recommendation of Mark Liebermann, Zoning Administrator Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize the return of escrow in the amount of $500, to Martin & Shari Hilmar 58A DeGarmo Hills Road, based on the recommendation of Graham Foster, Highway Superintendent Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize the return of escrow to Andlyn Associates, Lot #1 Farms End Road, in the amount of $2,500, Andlyn Associates, 11 Farms End Road, in the amount of $1,000, and Andlyn Associates, Lot #3 Spook Hill Road, in the amount of $3,500, based on the recommendation of Paul Foody, Building Inspector. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize the return of escrow to Mid - Hudson Islamic Associates, in the amount of $3,710 based on the recommendation of Mark Liebermann, Zoning Administrator. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize the return of escrow to Ed Ginsberg, Pye Lane Development Corp., in the amount of $1,355.50, base on the recommendation of Mark Liebermann, Zoning Administrator. Seconded by Mr. Valdati Motion Unanimously Carried The next item for the Boards consideration is correspondence from Richard O'Rourke, Attorney with Keane & Beane, regarding PIQWON. SUPERVISOR SMITH informed the board that she wished to discuss this correspondence at an executive session at the close of the meeting. COMMITTEE REPORTS COUNCILMAN PAOLONI had no reports at this time. COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI had no reports at this time. COUNCILMAN BETTINA wished to know how the Y -2K looks at this time. Supervisor Smith answered that the Y -2K is coming along, we had a small problem in the Comptrollers area, but it is set now. 14 12/27/99.RGM SUPERVISOR SMITH announced that CAMO Pollution wants everyone to know that they will be on duty 7:30 Thursday night checking all systems. Also on 911, at the next meeting Supervisor Smith will have a resolution prepared with a list of names for the private roads. The county is going to pay for signs for the private roads. At this time SUPERVISOR SMITH introduced County Legislature, Barbara Gutzler from the audience. SUPERVISOR SMITH also announced that that she had receive a letter from John MacDonald requesting the court decision from Cranberry. This request must be referred to Al Roberts, Attorney to the town.. COUNCILMAN RUGGIERO moved to refer the FOIL request regarding the court decision for Cranberry to Al Roberts, Attorney to the Town. Seconded by Mr. Paoloni Motion Unanimously Carried At this time SUPERVISOR SMITH introduced Jack Peluse, of Marshall and Sterling who presented a Workers Compensation Policy Outline to the Town Board. He explained that for the last four years have we have been in a dividend bearing program, but as a result of our loss ratio the past year going to 75%, we are not going to get a dividend, which led him to go out and shop. He has made arrangements for transferring Workers Compensation this ' year, which he estimated would save the Town of Wappinger around $20K LM with no change in benefits. COUNCILMAN BETTINA moved to approve the proposal as outline by Mr. Peluse. Seconded by Mr. Ruggiero Motion Unanimously Carried BONDS & LETTERS OF CREDIT Mark Liebermann, Zoning Administrator, submitted a report for the month of November on the schedule of Bonds and Letter of Credit on the various subdivisions, the amounts, expiration dates and call up dates. COUNCILMAN RUGGIERO moved to accept Mr. Liebermann's report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS Next is to award the bids for the Handicap Assessable Automatic Sliding Doors. Five (5) Bids were received and opened on 12/10/99. The results are as follows: 1. Fourman Construction $39,830 2. William Manfredi Const. Co. $47,950 15 12/27/99.RGM 3. Sun Up Enterprises $49,250 4. M & M Industries LLC $49,436 5. Petra Contracting $68,800 All Bids were reviewed and found to be in acceptable format. Since the low bidder (Fourmen Construction, Inc.), is unknown to this office Mr. Paggi has requested that they provide us with a list of references, which was provided. In speaking with representatives of Sun Up Enterprises, and Fellenzer Engineering regarding the low bidder, Fourmen Construction, Inc., they all responded positively. Mr. Paggi would recommend that the contract for the Handicap Accessible Automatic Sliding Doors and Entry Way Improvements for the Town Hall be awarded to Fourmen Construction, Inc., for $38,830, they being the lowest bidder. By copy of this letter, we have notified Elizabeth Doyle of the DC Department of Planning and gave her a copy of the Affidavit of Publication. COUNCILMAN RUGGIERO moved to award the bids for the Handicap Assessable Automatic Sliding Doors and Entry Way Improvements for the Town Hall, to Fourmen Construction, Inc., for $39,830, upon the recommendation of Jay Paggi, Engineer to the Town, they being the lowest bid. Seconded by Mr. Bettina Motion Unanimously Carried Next is to accept the Soccer Contract for the year 2000 and authorize the Supervisor to sign. COUNCILMAN VALDATI moved to accept the Soccer Contract for the year 2000, and authorize the Supervisor to sign. Seconded by Mr. Bettina Motion Unanimously Carried Next for the Boards consideration, is to accept, and authorize the Supervisor to sign the Dial -a Ride Agreement for 2000 with Dutchess County. COUNCILMAN RUGGIERO moved to accept the Dial -a -Ride Agreement for 2000 with Dutchess County, and authorize the Supervisor to sign. Seconded by Mr. Bettina Motion Unanimously Carried The next item for the Boards consideration is to authorize the Justice Court to apply for a grant. COUNCILMAN RUGGIERO moved to authorize the Justice Court to apply for the grant. Seconded by Mr. Bettina Motion Unanimously Carried 16 12/27/99.RGM Next is to introduce the Local Law for STOP signs at Thornacres Drive with Caroline Drive East and West, Caroline Drive West with Thornacres Drive, Caroline Drive East with Thornacres Drive, Farms End Road with Ardmore Drive, Orchard Drive with Farms End Road, and Parkhill Drive with Moccasin View Road, and set a Public Hearing. The following Resolution was moved by COUNCILMAN RUGGIERO and seconded by Mr. Bettina. WHEREAS, the Town Board has received several request to make Thornacres Drive with Caroline Drive East and West, Caroline Drive West with Thornacres Drive, Caroline Drive East with Thornacres Drive, Farms End Road with Ardmore Drive, Orchard Drive with Farms End Road, and Parkhill Drive with Moccasin View Road, as full stop intersections. WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent and Engineer to the Town concur that such intersections be designated full stop intersections. 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 # of the year 2000 in the form annexed hereto. 3. The Town Board hereby determines that he enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and Section 117-5 of the Code of the town of Wappinger and, accordingly, the Town Board hereby expressly determines that his action is not an action that requires review pursuant to the provisions of the New York State 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 #_ of 2000 be held at the Town Hall, 20 Middlebush road, Wappingers Falls, New York, on the 10th day of January, 2000 at 7:20 p.m., and that 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 Aye IIIA Joseph Ruggiero, Councilman Voting Aye 12/27/99.RGM Joseph Paoloni, Councilman Voting Aye The resolution is hereby duly declared adopted. Next is to set the date for the Reorganizational Meeting. SUPERVISOR SMITH wished to set the Reorganizational Meeting for January 3, 2000, at 7:30 P.M. The year end meeting is tonight. It was so noted that, as this is the Annual Meeting, the next item on the Agenda is therefore to be considered as the final accounting to close the Books. It provides for the final transfer of funds to cover any expenditures, overdrawing any accounts and to encumber funds for expenditures for which billing has not yet been received. Therefore, Gerald Terwilliger, Comptroller has forwarded the following transfer of funds for Town Board approval for an orderly closing of the 1999 Books. General Town Wide Fund - A Increase 1330.40A Tax Collection/C.E. $2,178.16 1680.40A Central Data Process/C.E. 19,116.14 1930.40A Judgements/Claims Tax Certs. 21,150.64 Increase 599A Appropriated Fund Balance $42,444.94 To properly charge accounts for chargeback from Dutchess County, approved by Town Board November 8, 1999. Increase 1380.40A 1420.4A 1420.41A 1440.4A Decrease: Coupon Fees Attorney Tax Attorney Engineer 1910.40A Unallocated Insurance To transfer funds to cover expenditures. Increase 1220.10A Supervisor/P.S. 1315.10A Comptroller/P.S. 1330.10A Tax Collection/P.S. Increase 1620.41A Telephone 1620.45A Miscellaneous 1670.40A Central Printing & Mailing 1680.40A Central Data Processing Decrease 1620.40A Central Hudson 1110.10A Justice Court/P.S. 19990.40A Contingent Account To Transfer funds to cover expenditures/encumbrances General Part -Town B Increase 1940.40B Purchase of Land 599B Appropriated Fund Balance 1,000.00 14,500.00 3,400.00 1,000.00 19,900.00 2,000.00 3,500.00 3,500.00 2,000.00 5,000.00 4,000.00 6,000.00 7,000.00 9,000.00 10,000.00 49,348.56 49, 348.56 F 11 12/27/99.RGM Town Board approval of purchase land from Dutchess County 10/12/99. Increase 1420.41B Codification 500.00 1440.40B Engineer 17,000.00 3410.40B Fire Prevention/C.E. 1,500.00 3620.20B Bldg. Dept./Equipment 200.00 3620.40B Bldg. Dept./C.E. 1,600.00 8015.40B Zoning Dept./C.E. 1,500.00 9050.80B Unemployment Insurance 3,000.00 9730.70B B.A.N. Interest 3,700.00 Decrease 1990.40B Contingent Account 26,000.00 9060.80B Hospital & Medical Insurance 3,000.00 To Transfer fund to cover expenditures/encumbrances Increase 1430.40E Personnel/C.E. 625.00 599B Appropriated Fund Balance 625.00 For additional services provided by Amtek Human Resource Consultants Zoning Administration. COUNCILMAN VALDATI moved to authorize the above transfers and encumbrances as requested by Comptroller, Gerald Terwilliger, and authorize any blanket approval to balance any accounts that may be necessary to balance out 1999. Seconded by Mr. Bettina Motion Unanimously Carried UNFINISHED BUSINESS Correspondence from Graham Foster, Highway Superintendent in regard to the problem with neighborhood children playing in the salt shed at the highway department. On Friday night 12/17/99, one or more of them climbed on the roof trusses and took out several of the bulbs in the lights. This is a very dangerous place for children to play. Mr. Foster is going to get several quotes for a gate. In the meantime he has installed two lengths of chain link fence to keep them out, and has notified Dutchess County Sheriffs Office and the Village Police Department requesting additional patrols. SUPERVISOR SMITH announced that the Dutchess County Sheriff will be relocating their substation to the Dutchess County Airport. Our people will be relocating their also, and wish to know if they can park the Town Patrol vehicles at the airport substation. Discussion followed. COUNCILMAN VALDATI moved to allow the Dutchess County Sheriff to park the Town Patrol vehicles at the new airport substation. Seconded by Mr. Bettina Motion Unanimously Carried 19 12/27/99.RGM There was some discussion on extending the operation at the recycle center to Wednesday morning also. Currently the recycle center is only open on Saturday from 9:00 to 12:00. Supervisor Smith informed the Board that she has the personnel ready to work on Wednesday. Discussion followed. COUNCILMAN PAOLONI moved to extend the operation at the recycle center on Wednesdays as well as Saturdays from 9:00 to 12:00 starting in the year 2000. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI wished to be brought up to date on Alpine and Mr. Kellogg. SUPERVISOR SMITH explained that Mr. Kellogg is no longer involved with Alpine, there are new owners. Perhaps we should contact them and speak to them first. Discussion followed. COUNCILMAN RUGGIERO moved to schedule, on the next workshop, January 10th, the introduction of a Local Law that Mr. Roberts prepared several months ago, to rescind the rezoning for Alpine. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN VALDATI also had a question regarding Craig O'Donnell. Mr. O'Donnell had some questions regarding protocol being followed in negotiations in terms of the Planning Board, his involvement and requirements made upon him. We have received all the necessary documents from both parties. Since that time nothing has been done. There must be closure. Mr. Valdati would like the board members to think about this before the next workshop meeting so we can resolve this matter. At this time, 9:25 p.m. COUNCILMAN VALDATI moved to go into Executive Session to discuss PIQWON. Seconded by Mr. Ruggiero Motion Unanimously Carried The meeting reconvened at 9:52 p.m. with all Board Members present. COUNCILMAN VALDATI made a motion to deny an extension for PIQWON, Inc., as requested by Mr. O'Rourke of Keane & Bean, P.C. Seconded by Mr. Ruggiero Motion Unanimously Carried There was no other Business to come before the Board. COUNCILMAN VALDATI moved to close the Town Board Meeting, seconded by Mr. Bettina and unanimously carried. The meeting closed at 9:53 p.m. 20 12/27/99.RGM Elaine H. Snowden Town Clerk 21