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1999-07-26 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JULY 26, 1999 7:00 p.m. — — — — — — — — — — — — — — — 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. PETITIONS & COMMUNICATIONS a. Highway Bids for Pick -Up Truck b. Approve moving a MEO employee to HMEO for Highway Easement Cleaning C• Requests for return of Escrow Funds from: (1) WILRO Construction for 44 Mina Dr. $500 (2) Michael & Sue Schwartz, 11 Robinson Lane, $1,000 d. Requests for Hawking & Peddling Licenses from: (1) 3elar.].- epic ( 2 ) John Manwaring ( 3 ) Brian Manwaring e. Notification of Intent to apply for Liquor License from DellaCalce's Rest. Terry Speaks, Pres. Middlebush.. 4. RESOLUTIONS a. 1996 for Clean Water/Clean Air Grant - Bond Act b. 1999 Hudson River Valley Greenway Grant - EPA Fund C. 1999 Acquisition Grant Program d. Recreation - Authori..zing Supervisor to file an application for Funds for Reese Park Development 5. PUBLIC PARTICIPATION DISCUSSION Mobil Home Assessments 6. MOVE TO GO INTO EXECUTIVE SESSI(1N Discussion with Tax Attorney on particular Certiorari against Town 7. ADJOURNMENT 07/26/99.RGM The Regular Town Board Meeting of the Town of Wappinger was held on July 26, 1999, at the town hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:00 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman (arrived at 7:30 p.m.) Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Linda Tasadfoy, Assessor Gerald Vergilis, Acting Attorney to the Town Emanuel Saris, Tax Attorney Graham Foster, Highway Superintendent Absent: Al Roberts, Attorney to the Town The Supervisor asked all to join in the Pledge of Allegiance to the Flag. PETITIONS & COMMUNICATIONS The first item for the boards consideration is to approve the bid for the pick- up truck for the Highway Department. Three bids were received, Mt. Kisco Chevy, for $26,995, Gallagher Truck Center, $27,395, and Hyde Park Motors $28,205. Mr. Foster informed the board that the bid from Hyde Park Motors was received as a fax at the town hall and not in a sealed envelope. He does not feel this satisfies our requirements. The other two bids were opened by the Deputy Town Clerk from sealed envelopes. Mr. Foster recommends we award the bid to Mt. Kisco Chevy for $26,995, they being the lowest bid. COUNCILMAN BETTINA moved to award the bid to Mt. Kisco Chevy for $26,995 as low bidder, upon the recommendation of Graham Foster, Highway Superintendent. Seconded by Mr. Paoloni Motion Unanimously Carried A memorandum from Graham Foster, regarding the cleaning of the easements in the town. Since the new equipment for the easements will require a HMEO to run it, he will need to upgrade one of his MEO employees to HMEO. There are enough funds in the 1999 budget to do this and the total head count will be the same. Mr. Foster explained that they must go by seniority. COUNCILMAN RUGGIERO moved to upgrade an MEO employee to an HMEO position as requested by Mr. Foster. Seconded by Mr. Paoloni Motion Unanimously Carried 07/26/99.RGM Requests for the return of escrow funds were received from, (1) WILRO Construction for 44 Mina Drive, $500. (2) Michael & Sue Schwartz, 11 Robinson Lane, $1,000. COUNCILMAN RUGGIERO moved to authorize return of the above escrow funds to, (1) WILRO Construction, 44 Mina Drive, $500. (2) Michael & Sue Schwartz, 11 Robinson Lane, $1,000, based on the recommendations of the Building Inspector, Paul Foody, and Highway Superintendent, Graham Foster. Seconded by Mr. Paoloni Motion Unanimously Carried Requests were received for a Hawking & Peddling license from Brian Manwaring, and John Manwaring. They are planning to sell ice cream for All American Ice Cream. Correspondence was received from Mark Liebermann, acting Zoning Administrator, in which he informed the board that All American Ice Cream has appeared in Justice Court on July 13th, 1999 and entered a guilty plea of peddling without a permit and paid a $100 fine. The remaining six summons were granted an Adjournment Contemplating Dismissal for a six month period, and if the company violates any portion of the Peddling and Hawking Law within the six month period, a new summons will be issued and the charges granted under the ACD will be re -opened. Mr. Liebermann recommends approval of the licenses. COUNCILMAN RUGGIERO moved to approve the requests to obtain a Hawking & Peddling License for Brian Manwaring, and John Manwaring to sell ice cream for All American Ice Cream, upon the recommendation of Mr. Liebermann, acting Zoning Administrator. Seconded by Mr. Paoloni Motion Unanimously Carried Notification of intent to apply for a Liquor License was received from Terry Speaks, President of DellaCalce's Restaurant, Middlebush Road. COUNCILMAN RUGGIERO moved to accept the notification of intent to apply for a Liquor License for DellaCalce's Restaurant and place it on file without comment. Seconded by Mr. Bettina Motion Unanimously Carried A Memo from Graham Foster informing the board of his intention to begin the cleaning of the town drainage and sewer easements. Some of the easements are easy to follow, but others have been neglected for so long that there is no longer a clearly defined ditch to follow. Therefore he doesn't know if he is cleaning the easement or private property. We should consider 2 07/26/99.RGM having Jay's office identify and stake out the easements. We should also have a clear policy as to our position on access. We are being hampered by fences, bridges, structures, planted trees, and bushes. The fences, bridges and structures have been built over a period of 30 years and have never been an issue until now. The trees and bushes have been allowed to mature on manicured lawns where we must cross with a vehicle on tracks. COUNCILMAN RUGGIERO moved to authorize Engineer to the Town, Jay Paggi, to survey all the easements, as needed. Seconded by Mr. Bettina Motion Unanimously Carried RESOLUTIONS The following Resolution was offered by COUNCILMAN BETTINA who moved its adoption and authorize the Supervisor to sign. The 1996 Clean Water/Clean Air Bond Act - Title 3 Section 56-0303 Water Quality Improvement Projects and Environmental Protection Fund Article 17-14 Environmental Conservation Law 104-134. WHEREAS, the Town of Wappinger herein called the "Municipality", after thorough consideration of the various aspects of the problem and study of available date, has hereby determined that certain work, as described in its application and attachments, herein called the "Project", is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; NOW, THEREFORE, BE IT RESOLVED, by the Wappinger Town Board 1. That Constance O. Smith, Town Supervisor or such person's successor in office, is the representative authorized to act in behalf of the Municipality's governing body in all matters related to State assistance under ECL Article 561, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance; 2. That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project and that funds will be available to initiate the Projects field work within twelve 3 07/26/99.RGM (12) months of written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance Payments; 4. That this Resolution take effect immediately. Seconded by Mr. Paoloni Motion Unanimously Carried The following Resolution was offered by COUNCILMAN PAOLONI who moved its adoption and authorized the Supervisor to sign. 1999 HUDSON RIVER VALLEY GREENWAY GRANT PROGRAM CLEAN WATER/CLEAN AIR BOND ACT RESOLVED, that Constance O. Smith, as Supervisor of the Town of Wappinger, is hereby authorized and directed to file an application on behalf of the Town of Wappinger, for funds from the Hudson River Valley Greenway in accordance with the provisions of Title 3 of the Clean Water/Clean Air Bond Act and/or the Hudson River Valley Greenway Act (Article 44, Environmental Conservation Law) in an amount not to exceed $ , and, upon approval of said request, enter into and execute a project agreement with the Hudson River Valley Greenway for such financial assistance to the Town of Wappinger for acquisition of the Greystone property. Seconded by Mr. Ruggiero Motion Unanimously Carried The following Resolution was offered by COUNCILMAN PAOLONI who moved its adoption, and authorize the Supervisor to sign. 1999 ACQUISITION GRANT PROGRAM ENVIRONMENTAL PROTECTION FUND AND CLEAN WATER/CLEAN AIR BOND ACT RESOLVED, that Constance O. Smith as Supervisor of the Town of Wappinger, is hereby authorized and directed to file an application on behalf of the Town of Wappinger, for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 and/or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $ , and, upon approval of said request, to enter into and execute a project agreement with the State for such financial assistance to the Town of Wappinger for acquisition of the Greystone Property. Seconded by Mr. Ruggiero Cd 07/26/99.RGM Motion Unanimously Carried The following Resolution was offered by COUNCILMAN RUGGIERO who moved its adoption, and authorize the Supervisor to sign. RESOLVED, that Constance O. Smith, Supervisor of the Town of Wappinger, Wappingers Falls, New York, is hereby authorized and directed to file an application for funds from the Hudson River Greenway in accordance with the provisions of Title 3 of Clean Water/Clean Air Bond Act and/or the Hudson River Valley Greenway Act (Article 44, Environmental Conservation Law) in an amount not to exceed the designated grant amount of $6,250.00, and upon approval of said request to enter into and execute a project agreement with the Hudson River Valley Greenway for such financial assistance to this municipality of the Wappinger Greenway Trail. Seconded by Mr. Bettina Motion Unanimously Carried At this time 7:20 p.m. COUNCILMAN BETTINA moved to go into Executive Session, with Emanuel Saris, Tax Attorney in attendance, to discuss a Certiorari against the Town. Seconded by Mr. Ruggiero Motion Unanimously Carried The meeting reconvened at 7:30 p.m. with all board members present. COUNCILMAN BETTINA moved to authorize Emanuel Saris, Tax Attorney to accept the Tax Certiorari settlement discussed in Executive Session. Seconded by Mr. Valdati Motion Unanimously Carried PUBLIC PARTICIPATION DISCUSSION At this time Supervisor Smith turned the meeting over to Linda Tasadfoy, Assessor for the Town of Wappinger. Recently the owners of mobile homes have been reassessed for their mobile homes. Ms. Tasadfoy was here to explain the rules and regulations of the STAR program, and or Veterans Exemptions which are taxed individually, and how the mobile home parks are assessed generally. Supervisor Smith announced that she would go around the room and Ms. Tasadfoy would answer the questions and comments from the audience. Christine McWilliam of Scribo Road wished to know why mobile homes were being singled out to be reassessed as opposed to stick built homes. Ms. Tasadfoy answered that stick built homes have all been assessed, anything that was built last year has been assessed, and anyone that has done any improvements on their property has been reassessed. She also explained, that the mobile home park has building permits that are outstanding since 5 07/26/99.RGM 1988. Many mobile homes have come in and gone out. As of 1954 there was a law that was enacted that said mobile homes were supposed to be assessed. The value of the homes were supposed to be added to the property of the mobile home park owner. Where once there was a blanket tax assessment, each mobile home is assessed on size, and age. She also explained that on some of the older homes, the assessment has gone down, and on the larger, new homes, the assessment has gone up. Mr. Doblink of Pye Lane contended that in the building code book that there was a difference between the manufactured homes and mobile home. Ms. Tasadfoy explained that she had a letter from Governor Pataki's Office which states, " the value of any trailer or mobile home shall be included in the assessment of land on which it is located, provided, however, that either the trailer or mobile home or the land on which it is located is entitled to any exemption other than STAR. Such trailers or mobile homes shall be separately assessed in the name of the owner thereof. Simply put, if a mobile home owner locates his or her mobile home on land owned by another, the value of that mobile home must be included in the land assessment, unless either the mobile home owner, or land owner is titled to one or more exemptions. One resident asked if the assessment of various housing, be it mobile, residential or commercial, is required to be reassessed also. Ms. Tasadfoy answered, that according to the law she is to look at every property every year and look at the assessed value and if there is problem, either to high or to low, she is to correct the assessment. Janet Duffy of 41 Sunset wished to know, on page 3 of the rules and regulation of the Star Program, how the enhanced STAR works by exempting the first $50,000 of assessed value for each home. Ms. Tasadfoy explained, if you are 65 and over, make under $60K, and your mobile home is worth $20K, then that would be the amount of the exemption. If your mobile home was worth $40K that would be the amount of the exemption. Most of the residents were under the impression that the STAR program was going to reduce everyone's taxes. Dolores Cologna of Wappingers Falls Mobile Home Park explained that she does not live in her trailer at this time, she is presently renting it, how does that affect her. Ms. Tasadfoy explained, unfortunately, until such time as you move back into your mobile home, your are not eligible for the STAR program. A resident of 130 Pye Lane explained that he had lived in his trailer for 8 years and the data on his trailer is incorrect, wouldn't that change his assessment. Ms. Tasadfoy announced that anyone can come in and check the information on their mobile home, and if there are mistakes in their data, she will correct it. A resident of Sunset Park explained that the data on his mobile home was also incorrect. Ms. Tasadfoy explained that 0 07/26/99.RGM the trailers were assessed by using a Blue Book type value, its a reconstruction cost you, less depreciation, and that is NYS cost manual that came into her office in 1986 when the re -value was done. She did take all the information from him and did give him a ball park figure as to what the assessment would be dropped to. There is a procedure to follow. Residents feel that the method of taxing the mobile home owners is unfair. Their homes depreciate, and they are being punished. Ms. Tasadfoy answered that she is merely following state law that stipulates mobile parks must be assessed by each individual home on the property. Pat Way said the assessor has the incorrect age on her mobile home. Ms. Tasadfoy explained that when the data collector came around, and the owner was not at home he estimated the year. She informed all the owners, that they could come into her office and check the data cards for accuracy and if there are any corrections to be made, she will correct them. One resident wished to know why some of the mobile home owners did not have to pay any school tax. Ms. Tasadfoy answered that they had the enhanced STAR exemption and it covered the value of the mobile home and the school tax becomes zero. Mr. Lynch of 122 Pye Lane explained that he is a senior citizen, and he will be paying $662 in school taxes. Grace Lynch of Pye Lane feels that they are being assessed as much as homes with basements, etc., and they don't even own the land. COUNCILMAN BETTINA asked Emanuel Saris, Tax Attorney, did he know of any relief we could provide for these people. Mr. Saris explained, no, the presumption is made that the final rule is accurate as a matter of law. COUNCILMAN BETTINA explained that our hands are tied as council people on the town board. Resident of 24 Scribo Road wished to know how a home can be assessed separate from land. Ms. Tasadfoy explained, that she is merely following the law. Simply put, if a mobile home owner locates his or her mobile home on land owned by another, the value of that mobile home must be included in the assessed value. COUNCILMAN VALDATI explained from what he understands, if you are not asking for an exemption, then the assessment is applied to the owner of the mobile home park, not the owner of the mobile homes. The owner of the mobile home park therefore has to deal with this and make his payment accordingly. In some cases if it decreases, his portion will decrease. If it increases then the owner of the park will have to pay a higher share of taxes. That does not mean, as far as the tax bill, that anyone who has not received a tax bill who has not applied for STAR or Veterans will start receiving a tax cut. There will be no tax bill as he understands it. If someone does apply, then they should get back all tax dollars that are included in there rental fee from the mobile park it 07/26/99.RGM owner. If you get a STAR reduction, not only will you get your normal fee from your rental fee back that was applied to taxes, you should also receive the benefit of the reduction back from the mobile park owner. Ms. Tasadfoy explained, that according to state law, the owner of the park is responsible for the taxes, and any reductions received from the STAR exemption has to be passed back on the mobile home owners. One of the residents on Pye Lane wished to know if the mobile home owners would be receiving their own tax bill. Ms. Tasadfoy explained, that according to the law the only way you can receive your own tax bill, is if you are entitled to a Senior Citizen exemption or Veterans exemption. COUNCILMAN VALDATI also informed the residents that if Mr. Rawls, the owner of the park believes that his assessments are not fair and correct, he can present an inquiry to the town, and at that time the town board, with the Attorney present, would make a decision. Graham Foster, of Sunset Park wished to know why mobile home owners got assessed at 100% and the rest of the town did not. Ms. Tasadfoy answered that there were many properties in the town that did not get building permits in the last 5-7 years, that were reassessed, because there were items that were caught in the office. Ben of Scribo Road said that when the park owner gets taxed on larger mobile homes he raises the lot rent. The Assessor informed the residents that since 1988, Roberts Running Creek has put up 31 new double wide mobile homes. They have never been added to the assessment. One of the residents wished to know if there was a grievance board they could go to, or is it just the owner of the lot who can go. Ms. Tasadfoy replied, "anyone that has a separate assessment for Veterans or Senior Citizens may come into the grievance board and grieve their assessed value". All others need to go through the owner of the park. COUNCILMAN RUGGIERO made a motion to direct the Assessor send out the data collectors again, to collect correct data in all mobile home parks in the Town of Wappinger. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN BETTINA announced that it is important to let the data collectors know that he should verify the serial number or the year of the model for accuracy, so we can have the correct information to deal with the board of assessment review. COUNCILMAN VALDATI said perhaps the data collectors can contact the local park owner to accompany them, and answer any questions if needed. The owner of Birchwood Park said he was home when the data collector came around, and offered help, but was told he could handle things himself. 07/26/99.RGM COUNCILMAN VALDATI instructed Ms. Tasadfoy to inform the data collector to request the park owners to accompany them whenever possible. SUPERVISOR SMITH wished to thank all the residents for coming out tonight. She explained that what Ms. Tasadfoy did was correct by law, but could have been handled differently. The meeting closed at 8:55 p.m. Elaine H. Snowden Town Clerk 0