1999-06-14 RGMCONSTANCE O. SMITH
SUPERVISOR
TELEPHONE: (914) 297.2744
FAX: (914) 297-4558
June 9, 1999
MEMO TO:
TOWN OF WAPPINGER
Town Board
Attorney to Town
Engineer to Town
Media
FROM: Constance O. Smith
RE: WORKSHOP AGENDA
JUNE 14, 1999 7:30PM
VOTING:
SUPERVISOR'S OFFICE
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, NY 12590.0324
* Authorize Engineer to proceed with Combined Water Map, Plan
and Report
• Authorize Attorney to assist Fire Inspector with search warrant
DISCUSSIONS:
• Rawls Complaint
• Sewer I & I & Flow Figures
• DeGarmo Hills Culvert
• Murray Problem
• Tower ---Cellular One C, a-'' ce- -
NO OTHER BUSINESS SHALL COME BEFORE THE BOARD.
COS:dly
06/14/99.WS
The Workshop Meeting of the Town of Wappinger was held on June 14, 1999,
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, Councilmen
Elaine H. Snowden, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts, Attorney to the Town
Graham Foster, Highway Superintendent
Paul Foody, Building Inspector
The first item for the boards consideration is to authorize the Engineer to the
Town, Jay Paggi, proceed with the Combined Water Map, Plan and Report.
Discussion followed.
COUNCILMAN RUGGIERO moved to table at this time.
Seconded by Mr. Bettina
Motion Unanimously Carried
The next item for the boards consideration is to authorize the Attorney to the
Town, Al Roberts to assist the Fire Inspector, Mark Liebermann, in obtaining
a search warrant for the former Shapiro Salvage Yard on Route 9 D. Mr.
Roberts explained, that upon inspection of the Salvage Yard, Mr.
Liebermann has discovered many violations, some which are very serious.
Mr. Liebermann has written a very lengthy report, many of which are safety
related as well as license related. He was particularly concerned about the
dangerous open items. In any event, he was precluded from going back to the
property, which would require him to obtain a search warrant to perform a
further inspection. Supervisor Smith announced that the owner of the
Salvage Yard called her and informed her that he does not want anyone from
the town on his property again. Discussion followed.
COUNCILMAN BETTINA moved to authorize Al Roberts, Attorney to the
Town to assist Mr. Liebermann in obtaining a search warrant and any
litigation beyond the search warrant in order for the property to be inspected
for any irregularities.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A memorandum was received from Graham Foster, Highway Superintendent
in regard to the bid that was awarded for the pick-up truck for the Highway
Department. The bid was awarded to Hyde Park Motors they being the
1
06/14/99.WS
lowest, and the salesman noted some items which did not meet our specs.
Since these items were not substantial items, Mr. Foster recommended we
award the bid and we placed the order for the vehicle which was in stock at
the factory. After receiving a call that the vehicle was in, and upon
inspection, Mr. Foster discovered it didn't have the following items which
were in our specs. These items were not noted by the salesman.
1. Engine min 350/5.7 - Actual - 318/5.2
2. Tires - Mud & Snow - Actual - All Season
3. Outdoor Air Temp - Actual -None
The cost of these three items that were left out would be an additional
$921.00. Mr. Foster feels that the above items that were left out are needed.
Mr. Foster contacted the next lowest bidder (Poughkeepsie Chevy) and it's too
late for him to honor his bid. Mr. Foster suggests we cancel the order with
Hyde Park Motor, and re -bid the truck.
COUNCILMAN VALDATI moved to authorize Mr. Foster to cancel the order
with Hyde Park Motors and re -bid for the truck.
Seconded by Mr. Ruggiero
Motion Unanimously Carried.
There was some discussion in regard to department heads attending the
meetings.
COUNCILMAN PAOLONI moved to require all department heads attend
both the workshop and town board meetings.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
At this time Robert Rawls owner of several mobile home parks in the Town of
Wappinger was recognized. Mr. Rawls had some concerns over the
reassessment of his mobile home parks. Until the new assessor came in,
there was a policy of establishing a general value on the mobile homes,
depending on the park, and it was in the range of $5,000 to $7,000 multiplied
by the number of units and came up with a general assessment on the
mobile homes and figured on an income basis, the value of the property. The
new assessor came through and measured all the homes and came up with
values that range from roughly the old assessment which was $5,000 to some
cases $35,000. Mr. Rawls claims that the assessor did this because of the
STAR program. In checking with the county records, he discovered that no
other assessors raised the assessments because of the STAR program. There
was no across the board increase in assessments. On his three parks, the
increases ran from 26% to 121%. The people who are impacted by this are
the owners of the mobile homes. Because of the way the state law is written,
they have no legal rights. He must speak on their behalf. None of the
2
06/14/99.WS
Condos or Apartment complexes were raised. His question is how come we do
not have 100% assessment and equalize it so everyone pays his fair share.
Discussion followed. NO ACTION TAKEN
COUNCILMAN VALDATI made a motion that the assessor be in attendance
at the very next meeting specifically for Mr. Rawls.
Seconded by Mr. Bettina
Motion Unanimously Carried
COUNCILMAN PAOLONI made a motion that the assessor submit a short
term priority plan in terms of her being assessor.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Jay Paggi, Engineer to the Town went over the Sewer I & I flow figures for
April and May of 1999. He presented a flow chart and explained that over
the last nine months, we have been between 36-42% of the flow per quarter.
Our dry weather flow which we have experienced about six out the last
thirteen months brings us down to 36% figure. As the flow increases, because
of infiltration inflow, our percentage goes up to 38%. We then pay about $5K
more a quarter. We pay about $15K above, per quarter, because of
infiltration inflow. Discussion followed.
COUNCILMAN BETTINA moved to table to another workshop.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Next is Mr. Paggi's report on the DeGarmo Hills Road culvert. He explained
that one of the culverts is under capacity, so when it rains hard, it backs up
on the east side of DeGarmo Hills Road, floods several areas and flows over
DeGarmo Hills Road. Occasionally, the road is under 6-8" of water. This is
one of the projects that was approved for a grant that we submitted last year.
When we got into the design of this culvert we sized it, and found out that
instead of two 36" pipes, that it needed a concrete box culvert the size
rectangular 15' wide and Thigh. He feels that if he puts in this upsized
properly sized culvert on DeGarmo Hills Road, and that flow is allowed to
come down the stream, when it hits the culvert installed by a Mr. Haas in
1995, it will back up and potentially cause a negative impact on his
structure. Discussion followed.
COUNCILMAN PAOLONI moved to remedy the situation and increase the
size of the Haas culvert adding additional capacity to meet the increase flow
rate that is expected to pass through the DeGarmo culvert project.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
El
06/14/99.WS
Next is the Murray Problem. Mr. Roberts, Attorney to the Town had issued a
opinion to the town board on February 8, 1999, indicating that the Murrays
had relocated their driveway without the appropriate approval of the town
Highway Superintendent. We subsequently discussed this at a workshop
session and it appears that the Murrays may have been mislead by some
representatives of the town and it was deferred to Mr. Roberts for a
resolution, which he issued. After reviewing the circumstances surrounding
this matter, Mr. Roberts sent a letter to the Murrays and informed them that
they would be permitted to keep the relocated driveway under the following
conditions:
1. Since the relocated driveway is located over a town utility
easement, in the event that town, contractors or subcontractor
require access to the easement resulting in damage or disturbance
to the driveway, the town would not be held responsible for any
such damage or disturbance.
2. The unused portions of the old driveway should be removed in the
area, raked and seeded, and an amended certificate of occupancy be
issued identifying the circumstances under which the driveway was
relocated indicating that the town would not be responsible for any
damage to the driveway in the event the town exercises its rights to
the utility easement.
Mr. Roberts explained that there is also an existing water line easement
which has been covered with a flower bed and that should be covered in the
resolution, because he is concerned about future purchasers of the property.
COUNCILMAN RUGGIERO read the following letter from Mr. & Mrs.
Murray.
Dear Honorable Members:
First we would like to take the opportunity to say we appreciate the time the
town has taken on this matter.
Secondly, our major concern is about perceived unused portions of the old
driveway. There are no unused portions of our driveway. It is our intention
to use all paved areas for parking.
Thirdly, we would request that the members treat the utility easement
uniformly throughout Hamlet Court. We would presume that any
requirements put forth to our property, would also be applied to all
structures located within neighboring Sanitary PVC pipe easements and
subsequently any changes to CO's would be applied consistently to all lots in
the subdivision. Parenthetically this should apply likewise to all water
easements on all lots in the subdivision.
Discussion followed.
COUNCILMAN RUGGIERO moved to table issue until such time as he can
go out to Hamlet Court and inspect the entire area for violations.
4
06/14/99.WS
Seconded by Mr. Paoloni
Motion Unanimously Carried
At this time, 9:14 p.m., COUNCILMAN PAOLONI moved to go into
Executive Session to discuss Craig O'Donnell.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The meeting reconvened at 11:49 p.m. with all board members
There was no action taken at the Executive Session.
There was no other business to come before the board.
COUNCILMAN BETTINA moved to close the meeting, seconded by Mr.
Ruggiero and unanimously carried.
The meeting adjourned at 11:50 p.m.
dl 0.-k,"
Elaine H. Snowden
Town Clerk
I