1999-04-26 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
APRIL 26, 1999
7:30 P.M.
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1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minuets March 22, 1999 April 12, 1999
4. REPORTS OF OFFICERS: Sup/Compt. Town Justices Receiver of Taxes
Bldg. Insp.. Zoning Dept. Highway Supt. Dog Control Officer
5. PETITIONS & COMMUNICATIONS
a. Al & Donna Cappelli re: Diddell Rd. - Completion of Tunnel project
b. Scott Sabatelle re: repair of curb along his property -29 Split Tre
c. Notification of intention to apply for liquor licenses from: (1)
Cross Court, Inc. Louis Dimock, Owner (2) Denny Deng, Inc. by
T. Gonzalez, Rep. (Old Dynasty)
d. application for Hawking & Peddling Licdnse by Adam L. Albin, for
Ice Cream Truck
e. Graham Foster, H. Supt. request permission to attend H. Supt.
Conference 6/6/-6/9 at Ithaca, NY
f. Planning board Vacancey - unexpired term of M. Franzese to 1/l/00
g. Ho -Ming & Brenda Lee, 16 Quarry Dr. request for "Deaf Child" Sign
h. L. Tasadfoy Assessor request for engaging outside consultant to
appraise several "delicate" parcels
i. M. Serino, Attny, representin Mr. & Mrs. E. Oliviere, re: their
concerns relating to their position in "Alpine" rezoning
,j. Padma Reichwald, Ch. Hindu-Samaj Fundraising Walk-a-thon
k. Request for return of Escrow Fee by Fred Straub of Modu-Craft
Homes, Inc., 21 Hi -View Rd. -$1,000
1. Vacancy on Recreation committee -Jaynes Chappas Term Expires 5/1/99
(5 Year term)
m. R. Holt, Rec. Comm. Ch. request fo: (1) revisit some Recreation
Plans (2) P/T/Emergency Help for Senior Center (3) R.V.'s at
Reese Park (4) Request for P.0's for: Deer Hill Conf. Center -
Ecological Specialties Corp - Hyde Park Painting & Decorating, Inc,
S & S Arts & Crafts - and, Flaghouse
n. Peter Paggi, re: RobinsonLane Recreation Site Water System - Bid
o. J. Paggi, P.E., Eng to Town, Reports: (1)Post Closure monitoring
Castle Point Landfill (3/19/99 (2) W.C.School Dist/Pizzagalli
Bldg (3/19) (3) Kent Rd. (3/19) (4) Interim Plot Plan (5) Fishkj
fleetwood Water interconnect (3/26 & 4/1) (6)W.S. Trans/Treat
Imp. Area Phase 3A -Short Term Financing 6/5) (7) W.S. Trans/Treat,
Imp, Area Phase 3A (4/16)
p. M. Tremper, CAMO, re: Castle Point restrooms
q. Zoning Bd. of Appeals, Notice of Public Hearing, re: Neaves Land-
scaping Inc. - Interpretation
r. Bill Farrell, Pres.Elect, Little League - update report to T/Board
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
a. Approve 'Surety Bond for Evergrren Subdivision II
b. Approve Surety and for Oak Ridge Sect. I, Mina Drive
8. RESOLUTIONS
a. Introduce Local Law for STOP signs at Dorothy Lane & Pine Ridge Dr
and set Public Hearing
b. Introduce Local law for increase for Senior Citizens Tax Exemptions
and set Pubic Hearing
c. MEMO from Comtroller requesting authorization to loan on a short
term basis from B Fund to WS Trans/Treat. IA Phase 3A Capitol
project (4/9/99)
9. UNFINISHED BUSINESS
a. J. Paggi, Eng to Town, Report on MacDonald Property inquiry (4/6/9
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AGENDA - Town of Wappinger
Page 2 - Con't
April 26, 1999
9. UNFINISHED BUSINESS Cont
b. Frederick P. Clark re: Outdoor Firing Range - Draft Zoning
Amendment proposed
c. Lehigh Proposal for Grounds Maintenance
10. NEW BUSINESS
11. ADJOURNMENT
04/26/99.RGM ►11
The Regular Town Board Meeting of the Town of Wappinger was held on
April 26, 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 (arrived at 7:35 p.m.)
Joseph Ruggiero, Councilman
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts, Attorney to the Town
Graham Foster, Highway Superintendent
Absent:
Joseph Paoloni, Councilman
Elaine H. Snowden, Town Clerk
Mr. Paoloni sent a Fax, advising the Supervisor that he would be unable to
attend tonight's meeting for personal reasons.
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
MINUTES
The Minutes of March 22, 1999 and April 12, 1999, having previously been
forwarded to the board members was now placed before them for their
consideration.
COUNCILMAN RUGGIERO moved to accept the above stated Minutes as
submitted 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 March were received from the Town Justices,
Supervisor/Comptroller, Receiver of Taxes, Building Inspector, Zoning
Department, Highway Superintendent, and Dog Control Officer.
COUNCILMAN RUGGIERO moved to accept the reports and place them on
file.
Seconded by Mr. Valdati
Motion Unanimously Carried
PETITIONS & COMMUNICATIONS
Correspondence from Al & Donna Cappelli residents that live off Diddell
Road. They have had many concerns since the old railroad bridge was taken
down. Cars have pulled in back and ruined what grass was planted, people
dumping garbage, and several "do not litter signs" have been taken down.
They wish to know if the town was planning to complete the work, perhaps
with guard rails to prevent anyone from driving up there.
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COUNCILMAN RUGGIERO moved to refer this letter to Highway
Superintendent, Graham Foster for comments.
Seconded by Mr. Valdati
Motion Unanimously Carried
Correspondence from Scott Sabatelle regarding the repair of the curb that
runs along side of his property on 29 Split Tree Drive, and the flooding it has
caused to his house. On March 14, 1999 a snow plow hit and destroyed the
curb that ran along the side of his property. He called Highway, and was
told, "on the first nice day" they would repair the curb. On March 21, 1999
after a very heavy rain storm all the water that runs into the drain ran into
his yard, and as a result, the ground floor of his home became flooded,
causing a great deal of damage. He called Highway again, and was told that
"as soon as the black top plant opens", they would be out. He is requesting
the town to send someone out to do a temporary repair. He stated that the
repairs to his home are going to be expensive, and feels the town should be
held responsible. Mr. Foster said he met with the previous owner of the
property in 1990 and told him he did not have a problem with the town road,
he had a problem with his gutters, dropping water into the low area and
staying there. He presented some options then, and in the mean the house
was sold to Mr. Sabatelle and now Mr. Sabatelle is experiencing problems.
Mr. Foster went out to the property in the rain the other day and put dye in
the road and no town water was going on the property, it was going into the
catch basin, even with the curb being damaged. The water is coming off the
roof. Mr. Sabatelle was recognized by the board, and indicated that he has
lived in the home for two years, and never had a water problem. Mr. Foster
stated that he would "repair" the curb when the black top plant opens. Mr.
Sabatelle presented some pictures of the damage caused by the water. Mr.
Bettina reiterated, the "dye" test is used by the professionals. Discussion
followed.
COUNCILMAN VALDATI moved to authorize Engineer to the Town Jay
Paggi inspect the area, and report back with his findings.
Seconded by Mr. Bettina
Motion Unanimously Carried
Notification on intention to apply for liquor licenses was received from Louis
Dimock, owner of Cross Court, Inc., and J. Gonzales, representing Denny
Deng, Inc., formally Dynasty Restaurant.
COUNCILMAN BETTINA moved to accept the notifications of intent to
apply for liquor licenses from Cross Court, Inc., and Denny Deng, Inc. and
place on file with no comment.
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Seconded by Mr. Valdati
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Motion Unanimously Carried
Next is an application for a Hawkers and Peddlers License from Adam L.
Albin for an ice cream truck. Everything seems to be in order.
COUNCILMAN BETTINA moved to approve the Hawkers and Peddlers
License for Adam L. Albin.
Seconded by Mr. Valdati
Motion Unanimously Carried
Graham Foster, Highway Superintendent, requests permission to attend the
annual Highway Superintendents Conference to be held from June 6, 1999,
to June 9, 1999, at Ithaca, New York.
COUNCILMAN VALDATI moved to approve the request of Mr. Foster to
attend the annual Highway Superintendents Conference from June 6-9, and
his legitimate expenses charged to the town.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
An unexpired vacancy on the Planning Board has occurred due to the
resignation of Michael Franzese. Supervisor Smith announced that we have
had not had the interviews for this position yet, and there are six candidates,
so she will set the interviews prior to the May 10th meeting.
NO ACTION TAKEN.
Correspondence from Ho -Ming and Brenda Lee of 16 Quarry Drive
requesting "Deaf Child Sign" be placed on her road. She has a son who is
profoundly deaf.
REFERRED TO GRAHAM FOSTER TO HANDLE.
Correspondence from Mark Serino, Attorney representing Ernesto and
Concetta Olivieri of 207 Old Hopewell Road in regard to a contract which
they had entered into for the sale of the above property to Alpine Company of
Poughkeepsie. The contract expired on March 31, 1999. Mr. Kellogg of
Alpine advised Mr. & Mrs. Olivieri that Alpine would not be purchasing the
Olivieri property due to Alpine's inability to obtain financing to purchase the
parcel. However, they intend to continue with their rezoning plan regarding
property adjacent to the Olivieri's property. Mr. & Mrs. Olivieri are
concerned about the construction project in relation to their property.
Apparently the plan is to rezone the entire area as commercial property. The
Olivieris want assurance that Alpine will not trespass on their property, that
setbacks and buffer zones will be established between the Alpine and Olivieri
properties, and that Alpine will live up to its contractual obligation to fence
in the Olivieri property. Supervisor Smith explained that this is not really a
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Town matter. Attorney to the Town also went on to explain that the property
has already been rezoned, and will eventually be deferred to the Planning
Board for site plan approval. There were conditions in the rezoning that
required Alpine to do a number of things, including consolidating parcels.
What ever contractual dispute may exist between the Olivieris and Alpine
may have an impact on the overall development. Until such time as there is
a site plan presented, this is a bit premature and mute. There is nothing the
town board can do at this point, because the property has been rezoned. At
this time Mrs. Olivieri was recognized by the board. She told the board that
Mr. Kellogg informed them that they were going to scale down the project,
and no longer needed the property. The contracted with Alpine also stated
that if they reneged, a fence would be erected. Mr. Roberts said part of the
problem is between Mr. & Mrs. Olivieri and Alpine. The rezoning was
specifically conditioned on a number of items being implemented when the
site plan was presented and ultimately approved. The Olivieris feel that they
have not been protected with the contract that was presented to them by
Alpine. She is requesting protection from the board.
COUNCILMAN VALDATI moved to authorize Attorney to the Town Al
Roberts confer with Mr. Kellogg's Attorney specifically regarding the
conditions of rezoning the town has in place and what effect this has on the
requirements that the town has imposed on Alpine for the proposed
development.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence from Padma Reichwald, Chairman of the Hindu Samaj, Inc.,
notifying the Town they are sponsoring a Walk-A-Thon on May 22, 1999, for
the benefit of disabled children. It will start at 1:30 p.m. and conclude at
3:00 p.m. Al the walkers will start from the parking lot of the Hindu Samaj
Temple on Brown Road and walk down Brown Road, come up the same road
and end the walk in the same parking lot.
COUNCILMAN BETTINA moved to accept the correspondence and place it
on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Request for the return of Escrow Funds was received from Fred Straub of
Modu-Craft Homes, Inc., for Driveway at 21 Hi View Road, in the amount of
$1,000.
COUNCILMAN VALDATI moved to authorize the return of the above
Escrow Funds to Fred Straub, for Driveway at 21 Hi View Road, in the
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amount of $1,000, upon the recommendation of the Building Inspector, Paul
Foody.
Seconded by Mr. Bettina
Motion Unanimously Carried
The term of James Chappas as a member of the Recreation Commission is
about to expire on May 1, 1999, and he has indicated that he wishes to serve
on the Commission for another term. The Recreation Commission
recommends that Mr. Chappas be appointed to another 5 year term.
COUNCILMAN VALDATI moved to advertise for other applicants for
position.
Seconded by Mr. Bettina
Motion Unanimously Carried
Correspondence from Ralph Holt indicating that there are still two items that
did not make it through the plan process, that are high priority should
funding become available. If funding becomes available, we would like:
(1) Paving of parking lot at Spook Hill and basketball courts at Spook Hill
and South Fowlerhouse Road.
(2) Addition of a trailer to our equipment inventory.
COUNCILMAN RUGGIERO moved to table to the May 10th workshop
meeting.
Seconded by Mr. Valdati
Motion Unanimously Carried
Correspondence from Ralph Holt requesting permission to build a small list
of willing and available people that could be used to back fill or be brought in
for emergency situations. We should be in a position to handle sickness and
vacations without the panic that presently exists. Although we have
approval for one (1) more full time person, as of this writing, I recommend we
put together this stand by list.
COUNCILMAN RUGGIERO moved to set up interviews for stand by lists.
Seconded by Mr. Valdati
Motion Unanimously Carried
Correspondence from Mr. Holt informing the board that a town resident
located on South Avenue whose property abuts Reese Park has complained
that the section of the park nearest her home has become unbearable due to
the noise of the RVs that are running through the park. The town resident
has stated she is at her wits end and something must be done. She indicated
she had spoken to the Town Board in the past and the problem still exists.
Mr. Holt informed her that he would touch base with the Town Patrol and
seek their help. If there are any suggestions, please pass them on.
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Discussion followed. NO ACTION TAKEN, SUPERVISOR SMITH TO
RESEARCH LAWS AND REPORT BACK TO THE BOARD.
Next are several requests from Mr. Holt for the following P.O's.
The Recreation Commission requests permission to obtain P.O's totaling
$7,500 payable to Deer Hill Conference Center for the use of their pool
facilities from June 28, 1999 to August 12, 1999. These funds will be payable
in two installments of $3,750, due on or before Monday, June 21, 1999 and
Monday, July 19, 1999. The funds are allocated in the B-7310.4 account.
COUNCILMAN VALDATI moved to authorize the two P.O's. totaling $7,500
payable to Deer Hill Conference Center for the use of their pool, the funds to
come out B-7310.4 account.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The Recreation Commission request permission to obtain a P.O. payable to
Ecological Specialties Corporation in the amount of $1,750, for the
construction of a 3'x16' aluminum non skid gangway with handrails. The
walkway will replace the old wooden one which came up short at high tide.
The new walkway will also have a handrail for safety and in compliance with
handicap regulations.
COUNCILMAN RUGGIERO moved to approve the P.O. in the amount of
$1,750 payable to Ecological Specialties Corporation for the construction of a
Tx 16' aluminum non skid gangway with handrails, as requested by Mr.
Holt.
Seconded by Mr. Valdati
Motion Unanimously Carried
The Recreation Commission requests permission to obtain a P.O. in the
amount of $2,000 payable to Hyde Park Painting & Decorating, Inc. This
will be to supply all necessary labor, material and equipment to prep and
paint the exterior wood siding, soffits and fascia boards on the maintenance
barn. Three quotes were received, Hyde Park Painting & Decorating being
the lowest. The funds to come out of A-7110.4.
COUNCILMAN RUGGIERO moved to approve the P.O. in the amount of
$2,000, payable to Hyde Park Painting & Decorating for the purchase of
supplies to prep and paint the exterior of the maintenance barn. The funds
to come out of A-17770.4
Seconded by Mr. Bettina
Motion Unanimously Carried
The Recreation Commission requests permission to obtain a P. 0. in the
amount of $2,200 payable to S. & S. Arts & Crafts for the purchase of bulk
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arts and crafts supplies for the 6 town playground sites. The funds for this
purchase to come from Recreation Account B-7310.4
COUNCILMAN VALDATI moved to approve the P.O. in the amount of
$2,200 payable to S. & S. Arts & Crafts for supplies for the 6 town
playground sites. The funds to come from Recreation Account B-7310.4.
Seconded by Mr. Bettina
Motion Unanimously Carried
The Recreation Commission requests permission to obtain a P.O. in the
amount of $1,550 payable to Flaghouse for the purchase of supplies for the 6
area summer playgrounds. The funds for this purchase are in Recreation
Account B-7310.4
COUNCILMAN RUGGIERO moved to approve the P.O. in the amount of
$1,500 payable to Flaghouse for the purchase of supplies for the 6 area
summer playgrounds. The funds to come out of Recreation Account B-7310.4.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is a memo from Peter Paggi of Paggi, Martin & DelBene. As directed by
the Town Board, his office has solicited bids from qualified firms to perform
Phase 1 (investigative) water quantity and quality analysis for the Robinson
Lane Recreation Site water system. Requests for proposals were sent to four
qualified local firms and the only proposal received was from P.F. Beal &
Sons in the amount of $1,260. Everything seems to be in order. Therefore,
Mr. Paggi recommends we accept the proposal from P.F. Beal & Son, for
$1,260 they being the only bid.
COUNCILMAN BETTINA moved to accept the proposal for the Robinson
Lane Recreation Site Water System from P.F. Beal & Son for $1,260, as
recommended by Mr. Paggi.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next are several reports from Jay Paggi, Engineer to the Town.
The first report concerns the Post -Closure Monitoring Castlepoint Landfill.
Construction for closure was completed in the Fall of 1998, and the
Engineer's certification of Construction Compliance was submitted to the
New York State Department of Environmental Conservation on 11/23/98. In
order to remain in compliance with the Town's Consent Order, and as
required under the Local Government Mandate Relief Program, the Town is
responsible for submitting a Post -Closure Monitoring and Maintenance
Operations manual to the DEC for approval. The specifics of the Manual
must satisfy the applicable provisions of 6NYCRR Part 360. If the Board so
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desires, his office could investigate the various options available to the Town
relative to Post -Closure monitoring and care of the landfill.
COUNCILMAN RUGGIERO moved to take to Workshop.
Seconded by Mr. Bettina
Motion Unanimously Carried
The next report from Mr. Paggi concerns the Wappinger Central School
District/Pizzagalli Building 992.
COUNCILMAN VALDATI moved to take the report to a Workshop.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The next report concerns Kent Road. On his March 17th letter, Mr. Paggi
indicated he previously measured site distances on Kent Road in the fall of
1988, specifically at Central Ave. and Applesauce Lane. On Central Ave.,
looking south, the site distance in 1988 is essentially the same as it is now.
Looking from the north, the site distance is changed, due to intersection
improvements at Central Ave. and Kent Road by the Highway Department.
There was a significant amount of clearing done, and site distance improved
from 116 to 432 feet. The site distance at Applesauce Lane in 1988 was
reported at 745 feet, one way, and 458 feet the other way. That has not
changed, the only difference is that there is a new street directly across from
Applesauce Lane. As a follow up to Mr. Pages March 17th, 1999 letter
regarding Kent Road in which he indicated the stopping sight distances at
two intersections along Kent Road, please be advised that it is our general
opinion that STOP signs should not be installed for the sole purposes of
controlling the speed of the motorists. Graham Foster, Highway
Superintendent stated that comments have also been received from the Jean
Gunsch, NYS Engineer, indicating, if we install a STOP sign to control
speed, and cause an accident, we can be held liable. It has also been
recommended by the Uniform Traffic Manual. It is not an accepted method.
Discussion followed as to what options would be acceptable to control speed,
such as police presence etc.
COUNCILMAN RUGGIERO moved to authorize Carl Amburgey send in a
weekly schedule, by geography, of his patrol, to the Town Board and discuss
further at a May 10th workshop.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next is Mr. Paggi's report on the Interim Plot Plan. Several years ago, the
Town Board entertained a motion to adopt a procedure that would require a
contractor building a house to submit an interim plot plan after the
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foundation is complete prior to any framing. This plot plan will show the
horizontal setbacks to all property lines and the elevation of the first floor
and garage floor. The reasoning behind this was that we were and are
finding numerous houses being shifted horizontally and vertically after the
issuance of an approved plot plan. We are then forced into accepting
something different than what was approved at the beginning of the building
process. The submission of this interim plot plan prior to any framing would
insure that the house is in the right place both horizontally and vertically.
We discussed this at our Building/Zoning meeting of March 18th, 1999, and
all present were in favor of initiating this procedure.
COUNCILMAN BETTINA moved to take to a workshop.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The next report concerns the Fishkill/Fleetwood Water Connection. On
January 12th, 1999 Mr. Paggi reported to the Town Board that there will be
an additional piece of hardware that was to be installed in the Village of
Fishkill Pump Station that will mitigate the pressure concerns itemized in a
former letter dated January 7th, 1999. This variable frequency drive was to
be designed and installed within certain time periods as specified by the DC
Health Department approval. It has not been installed at this point in time.
Mr. Paggi is requesting Jack Railing and/or the Village of Fishkill when the
variable frequency drive will be installed so that the pressure realized at our
point of entry will be significantly lower and somewhat more stable.
COUNCILMAN BETTINA moved to accept the report and place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Paggi presented his report on the Short Term Financing for Phase 3A of
the Wappinger Sewer Transmission/Treatment Improvement Area meeting
that he was authorized to attended on March 9th, 1999, and the items that
were discussed at said meeting
COUNCILMAN VALDATI moved to accept the report and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The last report concerns the meeting of April 15th, 1999 that Mr. Paggi
attended with representative of the Tri -Municipal Sewer Commission and the
New York State Department of Environmental Conservation regarding the
Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A
expansion.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
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Seconded by Mr. Bettina
Motion Unanimously Carried
Next is a Memo from Mike Tremper, CAMO Pollution. Mr. Tremper is in
receipt of a letter dated February 26, 1999 from Peter Pages office,
requesting a cost estimate for services to be performed at the Castlepoint
restroom. The cost for CAMO Pollution Control, Inc., to provide the services
outline would be $725. This cost would include the following:
1. Collection of raw well samples for coliform, inorganic, principal organic
compounds, and a coliform sample after chlorination.
2. Disinfecting of the well, chlorine contact tank and pressure tank per
AWWA standards.
3. The set up of the chlorination system for operational services to begin. At
that time we will also go over the set up with a representative from the
Recreation Department.
COUNCILMAN RUGGIERO moved to authorize CAMO Pollution Control,
Inc., to perform the work.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is a notice of Public Hearing from the Zoning Board of Appeals
regarding the Neaves Landscaping Inc., seeking an Interpretation of Article
IV, Section 420.2.34 - Warehouse and Storage.
COUNCILMAN BETTINA moved to accept the notice of Public Hearing from
the Zoning Board of Appeals, and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is an update report from Bill Farrell, President Elect of the Town of
Wappinger Little League.
At this time 8:45 p.m., COUNCILMAN BETTINA moved to go into Executive
Session to discuss Recreation.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The meeting reconvened t 9:15 p.m. with all board members present. There
was no action taken at the Executive Session.
At this time Donald Stein a member of the CAC, presented a Model
Ordinance Binder for Wet Lands, and Water Body from the Dutchess County
Environmental Management Council to the Town Supervisor, and to Philip
DiNonno, Chairman of the Planning Board.
COMMITTEE REPORTS
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The first thing Supervisor Smith wished to report is the Town of Wappinger
received a check from the NYSDEC in the amount of $247,250.11, which
represents 90% of the total eligible reimbursement amount for the
Castlepoint Landfill Closure Project. She would like to thank Pete Paggi for
the many hours he worked on this in order for the town to receive the
reimbursement.
SUPERVISOR SMITH moved to authorize the Town Clerk to send Peter a
letter of thanks for all the time he spent on this project.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
At the last meeting, Mr. Bettina requested Supervisor Smith to set up an
appointment for him with Jean Gunsch of the NYSDOT regarding lowering
the speed limit on Chelsea Road. The appointment is set for 10:00 a.m. on
Monday May 3rd at the NYSDOT on Burnett Blvd.
A MEMO was received from Elaine Snowden, Town Clerk informing Mrs.
Smith that due to the increased fees in playground registration, and hunting
fees, approval is requested to accept checks up to $75.
COUNCILMAN RUGGIERO moved to authorize the Town Clerks office to
accept checks up to $75.
Seconded by Mr. Valdati
Motion Unanimously Carried
SUPERVISOR SMITH announced that at the May 10th workshop we need to
discuss the Y2K.
SUPERVISOR SMITH announced that she has been notified that Mediaone
will be raising their rates. She contacted them regarding the increase, and
they informed her that they are entitled to have an annual increase.
COUNCILMAN RUGGIERO gave a report on the Personnel Committee.
They have been meeting for 3 months compiling a Personnel Handbook for
Town Employees. We have completed about 2/3 of the draft, and will be
sending it to the Town Board around June.
COUNCILMAN RUGGIERO was invited to a committee meeting by
Recreation do discuss the lights on Robinson Lane. They have been working
very hard trying to get as many volunteers as possible. As you know the
materials are very costly, and they are trying to get an electrician to provide
work at cost.
COUNCILMAN VALDATI had a question on Highway. Can someone, bring
items to the "Highway Garage" during the Spring Clean up? Mr. Foster
replied that he tries to discourage this practice. The only time it would be
allowed, is if some one has metal they forget to put out, and there are still
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dumpsters available up at Highway, they would be allowed to bring it up. It
is not done on a regular basis.
COUNCILMAN VALDATI also wished to know if funds could be used to
develop n recreation land, something that is going to be used for recreation,
such as a teen center? Supervisor Smith answered, yes, if its to be used for
recreational purposes. Mr. Roberts explained that it would have to be a
community center that could be used for teens, senior citizens, etc.
COUNCILMAN BETTINA had no reports.
SUPERVISOR SMITH was requested to look into any Grants that might be
available for Greystone, and informed the Board she has found one. It is
called Open Space. They purchase the property, and sell it back to you, and
the reason for that is to give you time to prepare all the necessary work the
government has to get. We qualify for it. We will be receiving the
application under the Clean Water, Clean Air Open Space. We can get as
much as $250 K and more if its on the Historical Preservation List. She also
spoke to the NYS Parks Taconic Offices in Staatsburg, and they to are
interested in giving us assistance. They will be sending us an application
later in the year.
BONDS & LETTERS OF CREDIT
In accordance with the Resolution and direction of the Town Board at the
meeting of April 12, 1999, Andlyn Associates has provided the Town of
Wappinger with a surety bond for Evergreen Subdivision II issued by Utica
Mutual Insurance Company bond number SU2926695 in the amount of
$47,424.
COUNCILMAN RUGGIERO moved to approve the surety bond for Evergreen
Subdivision II issued by Utica Mutual Insurance Company in the amount of
$47,424.
Seconded by Mr. Bettina
Motion Unanimously Carried
In accordance with the Resolution and direction of the Town Board at the
meeting of April 12, 1999, Andlyn Associates has provided the Town of
Wappinger with a surety bond for Oak Ridge Subdivision Section 1 - Mina
Drive issued by Utica Mutual Insurance Company, bond number SU2926692
in the amount of $31,402.
COUNCILMAN RUGGIERO moved to approve the surety bond for Oak
Ridge Subdivision Section -1 Mina Drive issued by Utica Mutual Insurance
Company in the amount of $31,402.
Seconded by Mr. Bettina
Motion Unanimously Carried
12
04/26/99.RGM
Mark Liebermann, Acting Zoning Administrator submitted a report for the
month of March on the schedule of Bonds and Letter of Credit on the various
Subdivisions, the amounts, expiration dates and call up dates.
RESOLUTIONS
Next is to introduce the Local Law for STOP Signs at Dorothy Lane & Pine
Ridge Drive, and set a Public Hearing.
The following Resolution was moved by COUNCILMAN BETTINA and
seconded by Councilman Ruggiero.
WHEREAS, Town Board has recently receive a recommendation for the
Superintendent of Highways and the Engineer to the Town to Establish the
following full stop streets.
Pine Ridge Drive at its intersection with Rosewood Drive at the northeast
corner, and
Pine Ridge Drive at its intersection with Dorothy Lane.
WHEREAS, the Town Board had determined that it is in the best interest
of the public health, welfare and safety of the People of the Town of
Wappinger to designate and formally establish the aforementioned full stop
streets.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS
1. The Town Board hereby introduces for adoption Local Law #_ of the
Year 1999 in the form annexed hereto.
2. The Town Board hereby determines that the proposed action, that is
the introduction of the aforementioned Local Law, is Type II action as
defined in 6 NYCRR 617.5(c)(16) 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 Local Law
#6 of 1992 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 1999 to b held
at the Town Hall 20 Middlebush Road, Wappingers Falls, New York on the
10th day of May, 1999 at 7:25 p.m., and that the Town Clerk be directed to
post and publish notice of the Public Hearing in the form annexed hereto.
The question of adoption of the foregoing Resolution was duly put to a vote on
roll call, which resulted as follows.
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
13
voting aye
voting aye
voting aye
voting aye
131
., 04/26/99.RGM
Joseph Paoloni, Councilman -------- absent
The Resolution is hereby duly declared adopted.
Next is to introduce a Local Law for Increase for Senior Citizen Tax
Exemptions and set a Public Hearing.
The following Resolution was moved by COUNCILMAN BETTINA and
seconded by Councilman Ruggiero.
WHEREAS, it has come to the attention of the Town Board of the Town of
State Legislature has increased the level of
WaPP ing er that the New York
income at which municipalities may offer property tax relief to senior
citizens, and has also provided for an offset of senior citizen income by all
medical and prescription drug expenses actually paid, which were not
reimbursed or paid for by insurance, and;
WHEREAS, the Town Board has determined that senior citizens make a
significant contribution to the quality of life in the Town of Wappinger and
that this additional tax relief will provide benefit to the Town's senior
citizens and to the Town as a whole.
NOW, THEREFORE, be it resolved as follows:
1. The Town Board hereby introduces for adoption Local Law No. _ of
1999 in the form annexed hereto.
2. The Town Board hereby determines that the enactment of the
aforementioned Local Law is a Type II action as defined in 6 NYCRR
617.5(c)(20) and, accordingly, the Town Board hereby expressly
determines that this action is not an action that requires review
pursuant to the provisions of New York State Environmental Review
Act (SEQRA) or pursuant to Local Law 6 of 1992 or pursuant to 6
NYCRR Parts (17).
Be it hereby resolved that the Town Board hereby schedules a Public
Hearing on the Proposed Adoption of Local Law No. _ 1999 to be held at the
Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 10th day
of May, 1999, at 7:30 p.m., and the Town Clerk be directed to post and
publish Notice of the Public Hearing in the form annexed hereto.
The question of adoption of the foregoing Resolution was duly put to a vote on
roll call, which resulted as follows:
Constance Smith, Supervisor voting aye
Robert Valdat, Councilman voting aye
Vincent Bettina, Councilman voting aye
Joseph Ruggiero, Councilman voting aye
Joseph Paoloni, Councilman -------- absent
The Resolution is hereby duly declared adopted.
14
04/26/99.RGM
A Memo was received from the Comptroller, Gerry Terwilliger requesting
authorization to loan on a short term basis from B Fund (Part Town General
Fund) to Wappinger Sewer Transmission/Treatment Improvement Area
Phase 3A Capital Project, $200 K to cover anticipated costs between April
and August of 1999. These funds will be returned to the B Fund (Part Town
General Fund) when short term financing is received from the
Environmental Facilities Corporation in late August 1999.
COUNCILMAN VALDATI moved to authorize the loan of $200 K on a short
time basis from B Fund to Wappinger Sewer Transmission/Treatment
Improvement Area Phase 3A Capital Project to cover anticipated costs
between April and August of 1999, as requested by Mr. Terwilliger.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Supervisor Smith informed that board that authorization is needed to pay the
following invoices incurred in 1998, but were not received until 1999. (1)
Brady Power Equipment $45.98; (2) Brady Power Equipment $21.55; (3)
Poughkeepsie Chevrolet $22.31.
COUNCILMAN RUGGIERO moved to authorize payment of the above
invoices as requested by Mrs. Smith.
Seconded by Mr. Valdati
Motion Unanimously Carried.
Supervisor Smith announced that Carl Amburgey applied for a $5,000 grant
for Radar, Speed and Seat Belt Enforcement, and they gave $500. We must
adopt the resolution in order to receive the funds.
The following Resolution was offered by COUNCILMAN RUGGIERO who
moved its adoption.
RESOLUTION
WHEREAS, the Federal Government through the Federal Highway
Safety Program has made funds available to the State and units of Local
Government under Section 401(c) of Public Law 89-564, as amended, to assist
them in establishing coordinated highway safety programs, and
WHEREAS, Governor's Traffic Safety Committee has been given the
authority to review local programs and allocate funds to local applicants, and
WHEREAS, the Town of Wappinger is desirous of participating in such a
program and has developed the following project: Radar, Speed, Seat Belt
Enforcement Program, in accordance with the guidelines and objectives of the
Governor's Traffic Safety Committee.
NOW THEREFORE, BE IT RESOLVED:
15
04/26/99.RGM
1. that Carl Amburgey, Director of Town Patrol, be and hereby is
authorized to file an application with Governor's Traffic Safety
Committee in order to receive funds for participation in the said
project in the Town of Wappinger; and
2. that he authorized to enter into a grant agreement with the Governor's
Traffic Safety Committee, pursuant to the above mentioned program.
3. that Constance Smith, Supervisor of T/W, be and hereby is authorized
to advertise for bids and award contracts in accordance with this
application.
Seconded by Mr. Valdati
Motion Unanimously Carried
UNFINISHED BUSINESS
Next is Mr. Pages report on the MacDonald Property.
At the Town Board meeting of March 8th, 1999 Mr. Paggi was asked to review
a letter written by John MacDonald to the Town regarding charges to the
Wappinger Sewer Improvement Area No. 1 and the Wappinger Sewer
Transmission Improvement Area, Phase 1. Mr. MacDonald lives just north of
Myers Corners Road with no frontage on Town and/or County Roads, and no
direct access to a sewer line. It is obvious that at some point in time, the
then Town Board, decided to reduce his sewer charge for Wappinger Sewer
Improvement Area No. 1 to 1/3 of a benefit unit. I can only assume that this
was because there was no direct access to a sewer line. At the present time,
there is still no direct access to a sewer line; however, Mr. MacDonald raised
the question of why he is charged a factor of 1.0 (or 100%) for Phase 1 of the
Wappinger Sewer Transmission/Treatment Improvement Area. This is a
question the Town Board will need to discuss and come to some type of a
decision for the MacDonalds. If you extend the logic that the former Town
Board used, the percentage should be reduced. I believe this should be a
decision made now and past practices should not be relied on. In his memo,
Mr. MacDonald used some analogies to the Cranberry Hills situation.. There
are some differences between his situation and Cranberry Hills, and they are
obvious. The reason Cranberry Hills assessment was temporarily reduced for
Wappinger Sewer Improvement Area No. 1. was due to lack of capacity, not
availability of the sewer line adjacent to the property. Mr. MacDonald also
states that there was at some later point in time a sewer line laid from
Oakwood Knolls to the rear of Cranberry Hills property. This is not correct
either, and it is definitely not why Cranberry Hills has been assessed a factor
of 1.0 or (100%) for the Wappinger Sewer Transmission Treatment
Improvement. The question is, should Mr. MacDonald be charged a ratio of
16
04/26/99.RGM
1.0 (or 100%) for the Wappinger Sewer Transmission/Treatment
Improvement Area. Discussion followed.
COUNCILMAN RUGGIERO moved to reduce the assessment on Mr.
MacDonalds property for Transmission 1 & 2 on the next assessment roll to
1/3 of the existing benefit unit.
Seconded by Mr. Valdati
Motion Unanimously Carried
As requested from Frederick Clark, for the review and consideration of the
Town Board, a set of draft amendments to the Zoning Law which would
establish regulations for outdoor firing ranges.
COUNCILMAN VALDATI moved to take to a future workshop.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The following is a letter of commendation for Part Time Deputy Sheriff
Michael Mazzacone from T.C. Amburgey, Director of Patrol.
April 17, 1999
From January 1, 1998, through December 31, 1998, Deputy Michael
Mazzacone worked 82 tours of duty for the Wappinger Town Patrol. During
this time, Deputy Mazzacone in addition to his regular patrol duties
patrolling the town property, residential areas, public Highways and
business areas, he made 26 arrests for DWI, plus numerous other summons
for speeding, parking and other Vehicle and Traffic Law Violations, including
violation of the ABC Law. Deputy Mazzacone is commended for a job well
done. A copy of this letter will be sent to headquarters to be placed in his
folder.
COUNCILMAN RUGGIERO moved to place in Town Board Minutes and
authorize the Town Clerk to send a letter to Mr. Mazzacone.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next is to approve the contract between the Town of Wappinger and Paggi,
Martin and Del Bene, for Professional Engineering and Land Surveying
services for the Wappinger Sewer Transmission/Treatment Improvement
Area, Phase 3A. Also included in the contract is a scope of services that will
be provided.
COUNCILMAN BETTINA moved to approve the contract between the Town
of Wappinger and Paggi, Martin and Del Bene, for professional services, and
authorize the Supervisor to sign.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
1ir1
'- ''
04/26/99.RGM
Also needed for approval is a contract between the Town of Wappinger and
Sal Pennini of Public Finance Associates, Inc. Mr. Pennini will provide
financial advisory services in connection with the financing of Tri -Municipal
Phase 3A through the Clean Water State Revolving Loan Fund.
COUNCILMAN BETTINA moved to approve the contract and authorize the
Supervisor to sign.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COUNCILMAN RUGGIERO informed the board that he received a call from
Nick DeLuccia regarding Farms End Road. They are currently in the process
of trying to get building permits for the subdivision, and ran into a temporary
snag. The issue at hand was a retaining wall that was placed on the blue
print for improving Carol Devine's driveway. Mr. Paggi, Engineer to the
Town wished the board to be informed that there was a change in plan by
adding the retaining wall before the issuance of any Building Permits.
COUNCILMAN RUGGIERO moved to authorize the Building Department to
release the Building Permits for the Farms End Road Subdivision.
Seconded by Mr. Bettina
Motion Unanimously Carried
COUNCILMAN RUGGIERO also wished to discuss a letter he received from
Linda Tasadfoy, Assessor regarding personnel in the office. Katherine
Garrison started in September of 1997. As of January of 1998, all non-
management employees were granted a $2,000 plus 3% increase and
Katherine was not. Since that time Data Entry Operators that were hired a
year after Kathy are being paid the same salary. Due to the unfairness of
this situation, Ms. Tasadfoy, is requesting the Town Board grant Katherine
Garrison this raise. She is actively seeking a job elsewhere, and Ms. Tasadfoy
informed the board that another person in the office is also resigning,
because the salaries are so low. She can't hold on to employees because of the
low salary. It would cost more money to rehire people, and retrain them. Mr.
Bettina asked if the assessments that have not been taken care of, would
more that offset the salary increase? Ms. Tasadfoy answered, yes! Mr.
Ruggiero asked, if we granted the $2,000 increase would she stay?
SUPERVISOR SMITH reminded the board that a salary study was going to
be discussed at a workshop.
COUNCILMAN VALDATI moved to authorize we grant Kathy Garrison the
$2,000 raise, the funds to come out of Fund Balance.
Seconded by Mr. Ruggiero
Supervisor Smith voting abstain
Councilman Valdati voting aye
LN
4Z7
Councilman Bettina
Councilman Ruggiero
Councilman Paoloni
voting aye
voting aye
------- absent
Motion Carried
04/26/99.RGM
COUNCILMAN RUGGIERO moved to authorize the Assessor to advertise for
the part time position of Assessor Aide being vacated.
Seconded by Mr. Valdati
Motion Unanimously Carried
COUNCILMAN VALDATI requested the Assessor if she would go back one
year and prepare a list of revenues that were lost by the town and forward
them to the Board Members at her earliest convenience.
COUNCILMAN RUGGIERO questioned Al Roberts, Attorney to the Town on
the Hamlet Court drainage solution he proposed to Mr. Foster. Mr. Ruggiero
received a call from a constituent who is aware that we no longer have a
Zoning Administrator, and does not want this to fall through the cracks. Can
we have someone from the our Zoning/Building Department go out there
tomorrow and tell him he should cease doing anything until he hears from
the town. SUPERVISOR SMITH said this issue should be discussed at a
workshop. NO ACTION TAKEN.
COUNCILMAN RUGGIERO on insurance for volunteers who wish to assist
the town. At one time we were informed that we could not get insurance for
any who does volunteer work. However, when he spoke to Jack Peluse, he
was informed that there is a Rider we may obtain for any volunteer willing
to paint the town hall, internship, or whatever needs to be done. It would be
for a limited liability, but we need to authorize the Supervisor to follow up.
COUNCILMAN RUGGIERO moved to authorize the Supervisor to follow up
the Rider Insurance for Volunteers.
Seconded by Mr. Valdati
Motion Unanimously Carried
COUNCILMAN RUGGIERO questioned Mr. Roberts, Attorney to the Town
on the codification, where are we? Mr. Roberts answered that everything was
sent to Code Publishers, and 2-3 months is needed to put everything in final
form.
COUNCILMAN RUGGIERO questioned Supervisor Smith on the Personnel
Salary Study. Supervisor Smith informed Mr. Ruggiero that she went up to
Dutchess County Personnel last week and asked them to give her a letter as
to what portion the consultants can do. They said they cannot, they are not
authorized and they don't have the ability to do all of them. Even though the
consultants said they could do it, they can't do the classifications. The
04/26/99.RGM
classification must be performed by DC Personnel. The County will send us
a letter as to the cost. SUPERVISOR SMITH informed the board that at the
last meeting Mr. Bettina requested her to look on the list titled "
Zoning/Building Inspector", classification, and there is no such title. However
some Villages and Towns create the title themselves.
COUNCILMAN RUGGIERO informed Mr. Foster that he has three
constituents within his neighborhood who use a motorized wheel chairs.
They wish to know if there is any way the town could erect a "Caution" sign
in that area to notify drivers so they may drive with extra caution. Mr.
Foster replied that he could place an advisement sign on the roads. He will
get together with Mr. Ruggiero for the name of the roads to place an
advisement sign.
COUNCILMAN RUGGIERO INFORMED Mr. Foster that he received a
letter from Anthony Nostros, Richard Martin and John Piston about cleaning
out easements behind Tor Road and Alpert Drive. The town did some work
there several years ago and it helped the situation, but now things have
gotten overgrown again, is there anyway you can put this on your "to do" list
for the spring? Mr. Foster replied that he must get the equipment in, and
award the bid. Right now, he is very busy with the spring clean up.
There was no other business to come before the board.
COUNCILMAN VALDATI moved to close the meeting, seconded by Mr.
Bettina, and unanimously carried.
The meeting adjourned at 10:15 p.m.
by Florence Hannon
I -P- q-vt.c-, A�
Elaine H. Snowden
Town Clerk
20
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