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1999-03-22 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MARCH 22, 1999 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Mi.nutes: Feb. 22/March 8, 1999 Reg./Workshop,) .( I ", 1'1;' p, ,-`i 4. REPORTS OF OFFICERS; Sup/Comet '.Town .Justices Rece1iver of Taxes Bldg. Insp. Zoning Dept. Fli.ghway Supt. Dog Control Officer 5. PETITIONS & COMMUNICATIONS Recreation Annual Report a. Dr. Mario Villardi re: Tax Parcel- b. arcelb. Jean Gunsch, NYSDOT re: Speed limit Chelsea Rd. C. Request for Return of Escrow from Randolph School $3587.75 d. Notification of Intent to renew Liquor License for Pizza Hut -Rte e. Mark Liebermann & Paul Foody request permission to attend 1999 Hudson Valley Code Enforcement Officials Conference 4/28-4/30 @ $170.00 each. f. J. Paggi, Eng. to twn., Reports: (1) Dana Place drainage (2) Corr. to P. Nedwell, D. Co. Dept. Public Works (3/11)re: Fleetwood/V. Fishkill Water system Interconnect (3) Central Wapp. Water Imp./subd. (3/9) (,:) Stop Sign Pine Ridge Dr.(and Dorothy Land) (5) Phase 3A/Wap Sewer T/T Imp. EFC short term Finan e g. Frank Buyakowski-Satellite Investments -Request to accept MINA DRI E Extension (Oak Ridge Subd) as a Town Road w/G. Foster Recommendat or h. A. Roberts, Attny to Twn. torr. re: (1) Orchard Drive Extension Subdivision (2/26) & (3/5) re: letter of Credit i. Resignation of Michael Franzese as member of Planning Board 4/30 j. Dione Goldin re: litter on Town Roads - Solution? k. G. Foster, H. Supt. re: Speed Bumps 1. Susan Phillips, WCSD Clerk, requesting use of 1.0 voting machines for Election May 18th M. Department of Army re: SEAR process for Tri Muni n. Request from Supervisor for P.O. for Memorial Day services 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT D. Close Report 8. RESOLUTIONS 9. UNFINISHED BUSINESS A. Don Swartz - GREYSTONE report 10.. NEW BUSINESS 11 ADJOURNMENT 03/22/99 RGM The Town Board Meeting for the Town of Wappinger was held on March 22, 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, NY. 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 (arrived at 7:32 p.m.) Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney 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 Meetings of February 22, 1999/March 8,1999, and Workshop Meeting of March 8, 1999, having previously been forward to the Board Members, was now placed before them for their consideration. COUNCILMAN VALDATI moved that the above stated minutes as presented by the Town Clerk be and they are hereby approved. Seconded by Mr. Bettina Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of February were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Building Inspector, Zoning Department, Recreation Annual Report and the Supervisors Annual Financial Report, which was filed with the Town Clerk, Elaine Snowden, on March 22, 1999. COUNCILMAN RUGGIERO moved to accept the reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried PETITIONS & COMMUNICATIONS Correspondence from Dr. Mario Vilardi of Baxtertown Road wishing to meet with the Board to discuss a problem that occurred last year when he went before the Planning Board to discuss subdividing his property. It was brought to his attention that a 50 ft. right of way (which he was under the impression was owned by the Town of Wappinger), was in fact owned by a private individual. The title search indicated that this parcel, which went untaxed for 30 years, was in fact owned by Gallo Brothers Holding Company. Mr. Gallo was under the impression that this parcel was dedicated to the 1 03/22/99 RGM town years ago, in exchange for a water runoff pipe on the property. All efforts to acquire the 50 ft. runway have failed. He is here tonight to get some input from the board, and perhaps come up with a solution to this problem. He was wondering if the town could condemn the property, and take it over, since Mr. Gallo has not paid taxes all these years, and Dr. Vilardi can not get him to sell. Mr. Roberts explained there is no public benefit to condemning the land, and we could not spend public funds, no matter what the cost, and the only purpose here would be to advance your subdivision. Dr. Vilardi is requesting the town to include the property on the tax rolls so there is some incentive for Mr. Gallo to believe he does own the property, and perhaps he can be dealt with. Mr. Gallo is up in years, and he is very hostile. Discussion followed with the Assessor in attendance. COUNCILMAN VALDATI moved to authorize the Assessor, Linda Tasadfoy to investigate further, and advise the town board. Seconded by Mr. Ruggiero Motion Unanimously Carried Dr. Vilardi explained that the spot that he would like to build a house is beyond the Town of Fishkill line which crosses into Wappinger. All his services come from the Town of Fishkill. In order to simplify things, he was wondering if a small section could be annexed to the Town of Fishkill so that he does not have to deal with variances, because it is landlocked. It has no road frontage. COUNCILMAN VALDATI moved to authorize Attorney to the Town, Al Roberts to prepare a written opinion on annexation. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Jean Gunsch, NYSDOT in response to the letter from Joseph Grogan, dated 9/9/98 concerning the request for a speed limit reduction on Chelsea Road, CR 92 between Route 9D and the existing 30 MPH speed limit in the hamlet of Chelsea. A review of this roadway was conducted. As a result, it was found that the majority of the roadway section is conducive to speeds between 40 and 45 MPH. Consequently, a reduction in the existing 40 MPH legal limit would not be appropriate. Discussion followed. COUNCILMAN BETTINA moved to authorize Supervisor Smith set up a meeting with the DOT and Mr. Bettina also in attendance, for further discussion on this matter. Seconded by Mr. Ruggiero Motion Unanimously Carried X 03/22/99 RGM I °Q A request for the return of Escrow funds in the amount of $3,587.75 was received from Randolph School. COUNCILMAN BETTINA moved to authorize the return of Escrow in the amount of $3,587.75 to Randolph School, based on the recommendation of Mark Liebermann, Acting Zoning Administrator. Seconded by Mr. Paoloni Motion Unanimously Carried Notification of intent to renew their liquor license was received from Pizza Hut, located on Route 9 in the Town of Wappinger. COUNCILMAN VALDATI moved to accept the notification and place it on file, with no comment. Seconded by Mr. Ruggiero Motion Unanimously Carried Mark Liebermann and Paul Foody request permission to attend the 1999 Hudson Valley Code Enforcement Officials Conference from 4/28/99 to 4/30/99. The cost will be $170 each. COUNCILMAN VALDATI moved to authorize Mark Liebermann and Paul Foody to attend the Hudson Valley Code Enforcement Officials Conference from 4/28/99 to 4/30/99 and their legitimate expenses to be a town charge. Seconded by Mr. Paoloni Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first report concerns the Dana Place drainage. At the March 8th meeting Mr. Paggi was authorized to draft a joint memo from Mr. Roberts, and Mr. Foster regarding the Dana Place drainage Project. He was asked where the runoff that runs through the rear yard of the Sarno property, which is just off the cul-de-sac of Dana Place, comes from, and whether or not extending the storm drain that now exists on Dana Place to intersect that runoff would have a public benefit. A review of the topographic map of the area and numerous field inspections demonstrate that the runoff in the Widmer Road area and the pond just north of Widmer Road, flows in a northerly direction across the rear of the lots adjacent to Dana Place. This runoff then flows across and through properties fronting on Wildwood Drive and eventually winds up settling in a low spot on Wildwood Drive, approximately 200' east of Dana Place. Therefore, it can be said that this runoff emanates from the Widmer Road area including the roadway itself. If the existing drain pipe on Dana Place is extended to the rear of Sarno Property to intercept the stream, it would, in fact, cut off the flow of water that now gets down and settles in the low area on Wildwood Drive. This, in effect, could provide a public benefit in that drainage facilities would not have to be extended from the 3 \D%, 03/22/99 RGM intersection of Dana Place east on Wildwood Drive to this location and pick it up. It would be a neat and efficient way of intercepting this flow as the flow is rather concentrated at this location. It therefore, can be said that a public benefit would be served. Mr. Paggi gave a ball park figure under $8,500 to perform all the work. COUNCILMAN RUGGIERO moved to authorize Mr. Paggi, Mr. Roberts, and Mr. Foster to prepare necessary papers for easements, for this project, and allocate no more that $8,500 for the total project. Seconded by Mr. Paoloni Motion Unanimously Carried The second report concerns correspondence of 3/11/99 sent to T. Nedwell of the DCDPW regarding the Fleetwood/Village of Fishkill water system interconnect. On March 2, 1999 Nenni Equipment Corp., Inc., was present on Osborne Hill Road for the purpose of connecting the six (6) inch drain line currently discharging to the roads side channel, to the County storm system. The work was performed under the inspection of this office, and completed by 12:30 p.m. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The third report concerns the Central Wappinger Water Improvement subdivision report of 3/9/99. Also at the March 8th meeting the board authorized Mr. Paggi to respond to two requests for water service for two lot subdivisions in the Central Wappinger Water Improvement. One of the requests was on Roberts Road from Mr. and Mrs. Keeler, and the other request was from Jack Railing's office for a two -lot subdivision on Pye Lane. It is his opinion that providing central water from the Hilltop section of the Central Wappinger Water Improvement to a number of two or three lot subdivision is tantamount to providing water service to one larger density subdivision. We therefore, recommend that the Town Board not grant approval of extending water services to these proposals until the source capacity problems that are existing in the CWWIA are straightened out. It is recommended, however, that the applicant pursue the construction of an individual onsite well to provide water supply to the proposed lot. This well would be temporary in nature, and must be approved by the DC Health Department and meet all their individual separation requirements. COUNCILMAN PAOLONI moved to accept the letter. Seconded by Mr. Bettina In 03/22/99 RGM Motion Unanimously Carried At the last meeting, Mr. Paggi and Mr. Foster were authorized to perform a study of Pine Ridge Drive/Rosewood Drive and return back with their recommendations. It is their recommendation that a STOP sign be placed on the intersection of Pine Ridge Drive as it intersects with Rosewood Drive at the northeast corner of the intersection. Also recommended was a proposed STOP sign location at the intersection of Pine Ridge Drive and Dorothy Lane. which was transmitted to the board in a letter dated February 3rd. It is further recommended that the intersection of Pine Ridge Drive and Rosewood Drive be realigned on the northeast corner to better channelize the now of traffic and to provide for efficient location of the sign itself. COUNCILMAN BETTINA moved to authorize Attorney to the Town, Al Roberts prepare the necessary Local Law. Seconded by Mr. Paoloni Motion Unanimously Carried The final memo from Mr. Paggi concerns the Phase 3A/Wappinger Sewer Transmission/Treatment Improvement EFC short term financing. As you are aware, the application to Audit and Control for the above referenced sewer improvement authorization has been submitted and is in the process of being reviewed. With the anticipation of this approval being forthcoming in the latter part of March, Mr. Paggi has started the preliminary planning for financing of the project through the Environmental Facilities Corp. With that in mind, Mr. Paggi is requesting the town board authorize his firm to work along with Al Roberts, Sal Pennini and the town comptroller to submit whatever applications are necessary to effectuate the short term financing. COUNCILMAN VALDATI moved to authorize Mr. Paggi to work with Mr. Roberts, Sal Pennini, and Mr. Terwilliger to prepare the necessary documents in anticipation of obtaining short term financing. Seconded by Mr. Bettina Motion Unanimously Carried A request was received from Frank Buyakowski to accept Mina Drive Extension as a town road. Also received was a memo from Graham Foster, Highway Superintendent stating that he had inspected the road and finds it to be acceptable. COUNCILMAN VALDATI moved to accept Mina Drive Extension as a town road, based on the recommendation of Graham Foster, Highway Superintendent, and subject to receipt and approval of several documents by Attorney to the Town, Al Roberts. Seconded by Mr. Bettina. 5 03/22/99 RGM Motion Unanimously Carried Correspondence from Al Roberts, Attorney to the Town informing the Board that he is in receipt of a Letter of Credit dated February 26, 1999, naming the Town of Wappinger as beneficiary in the amount of $15,440. The Letter of Credit is in proper form and may be accepted by the Town Board as security for the improvements to the Orchard Drive Subdivision. COUNCILMAN RUGGIERO moved to accept the land for the recreation area of Orchard Drive Extension as recommended by Mr. Roberts. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN PAOLONI moved to accept the Letter of Credit for the Orchard Drive Subdivision, as recommended by Mr. Roberts. Seconded by Mr. Ruggiero Motion Unanimously Carried A letter of resignation was received from Michael Franzese, as a member of the Planning Board, effective April 30, 1999. COUNCILMAN BETTINA moved to accept the letter of resignation from Michael Franzese effective April 30th, and authorize the Town Clerk to send him a letter of thanks for dedicated service. Seconded by Mr. Paoloni Motion Unanimously Carried At this time Dione Goldin was recognized, and she wished to address the board with a solution for the litter problem plaguing our town roads. She explained that in Europe, owners of frontage property are required to clean up their property, and if they do not comply, the government cleans it up and charges the property owner. She sited several areas that are in need of clean up and feels that this method may work in our town. Discussion followed, and Mrs. Smith thanked Mrs. Goldin for coming here tonight with her idea. The board will take it to a workshop for further discussion with our attorney. NO ACTION TAKEN AT THIS TIME. Graham Foster, Highway Superintendent presented a report on speed humps as another means to control speeding on the town roads. On 3/9/99, Mr. Foster received information from Jean Gunsch of the DOT concerning the speed humps. She stated that the humps are quite effective in trailer parks, school grounds etc. She is against using them on Kent Road. The humps only appear to be effective when used in series and will effectively slow traffic to 15 mph at the hump and 20 to 25 mph between the humps. The main concern, is if a car is traveling at 55 mph and encounters the hump, it's very 0 � possible to lose control and have an accident. For that reason, Mr. Foster o `f does not recommend them to control speed. COUNCILMAN VALDATI moved to accept the correspondence and place it on file Seconded by Mr. Bettina Motion Unanimously Carried A request from Susan Phillips, District Clerk of Wappinger Central School, for the use of ten (10) voting machines for the Wappinger Central School District Annual Elections to be held on May 18, 1999. COUNCILMAN RUGGIERO moved to authorize the use of ten (10) voting machines to the Wappinger Central School District for their Annual Election to be held on May 18, 1999, as requested by Susan Phillips. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from the Department of Army, Corps of Engineers in regard to the SEQRA Process for the Tri -Municipal Sewer Commission. COUNCILMAN BETTINA moved to table until all board members receive copies of this letter. Seconded by Mr. Valdati Motion Unanimously Carried Supervisor Smith requests a P.O. in the amount of $1,709.95 payable to Budds Party Tents, for the rental of chairs and tents for the Memorial Day services to be held at Schlathaus Park on May 31, 1999. COUNCILMAN RUGGIERO moved to approve a P.O. in the amount of $1,709.95 payable to Budds Party Tents, as requested by Supervisor Smith. Seconded by Mr. Valdati Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN PAOLONI had no reports at this time. COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI received a call from Mr. LeRoy representing another neighbor, Mrs. McCluskey, regarding the Capolino property. SUPERVISOR SMITH informed Mr. Valdati that Don Close goes out at least once a week to investigate and finds nothing. There seems to be a problem. She will send Mark Liebermann out to investigate also. COUNCILMAN BETTINA regarding the Dial -a -Ride. He received a call from a senior citizen that the services had been cut. Supervisor Smith went on to explain, there was a problem when a group of seniors who went to New Hamburg Fire House for their activities on a Wednesday, suddenly were notified that Wednesday was cut out, because they had so many people using 7 03/22/99 RGM Dial -a -Ride. Mrs. Smith went up to transportation and met with them. They have asked the seniors that went three and four times a week to the malls, to cut back to once or twice a week, and now there is room for the seniors to go to New Hamburg for their activities. It is only a temporary situation. She asked the bus company for a number, but the buses they were adding, were for eight hours, and we don't need them for eight hours. Therefor the number has to be changed. Mrs. Smith is meeting with them again, and when she does he will be notified. g , SUPERVISOR SMITH requested Mr. Foster, Highway Superintendent if he had come up with some dates for the Bulk Pickup, as she needs to know in order to get the letters ready for the mailings. SUPERVISOR SMITH on Castlepoint Bathrooms. We need to have CAMO Pollution Control submit a price to get them disinfected as required by the Board of Health. SUPERVISOR SMITH informed the board that she is on a committee for the coalition for mandate reform. In the Governors budget, he has included a reform for the WICKS Program. He has put in 2 million dollars, which would be beneficial to everyone. The assembly and senate are opposed to this. I would like everyone to contact their legislators and encourage them to vote for this. COUNCILMAN VALDATI under Highway. This is the season for intensive roadside work. Have any arrangements been made for the Highway workers to receive the new vaccine for Lymes Disease. If you feel that this would be beneficial for the workers, consider it, and contact the board. Discussion followed. Mr. Foster said he would ask the men if the wished to receive the vaccine, but it would be strictly voluntary. COUNCILMAN BETTINA moved to authorize all department heads allow anyone they feel would be exposed to the ticks in their line of duty, be inoculated, if they so wish. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize the Supervisor to obtain information from Medicus regarding the cost of inoculations for Lymes Disease. Seconded by Mr. Bettina Motion Unanimously Carried BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of February on the schedule of Bonds and Letters of Credit on the various subdivisions, the amounts, expiration dates and call up dates. 8 03/22/99 RGM COUNCILMAN PAOLONI moved to accept Mr. Close's report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried RESOLUTIONS There were no Resolutions on the agenda for tonight. UNFINISHED BUSINESS A report on Greystone was received from Don Swartz, of Cerniglia & Swartz Architects, Planners and Interior Designs. COUNCILMAN VALDATI moved to take to a workshop for further discussion. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO on the Greystone matter. When he attended the Association of Towns, they came across a bill for Clean Air, Clean Water Bond act, that was passed in 1996 and were told there was grant money available in that bond for the purpose of Recreation property, Hudson River Heritage property, and Historical land property, and Greystone would fall under all three category's. This site would be a good candidate to obtain funding to acquire the property. COUNCILMAN BETTINA moved to authorize the Supervisor to contact and investigate if funding is available for the acquisition of Greystone. Seconded by Mr. Valdati Motion Unanimously Carried Some time ago Mr. Foster found out there were grants available for recycling reimbursement. Mr. Paggi has applied for them. If and when we do receive the funds, can we earmark the money for further development of the recycling site? Supervisor Smith answered, if we get it, yes, that was the intent. COUNCILMAN RUGGIERO moved to authorize the Assessor, to prepare a monthly assessment report for the town board, indicating any adjustments that have been made. Seconded by Mr.Valdati Motion Unanimously Carried SUPERVISOR SMITH moved to appoint 1(one) Data Collector for the Assessors Office, at a starting salary of $16,000 per year. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to set one formal meeting a month to discuss the water issue, only. 6' Seconded by Mr. Paoloni 03/22/99 RGM Motion Unanimously Carried NEW BUSINESS COUNCILMAN'S PAOLONI. It has come to his attention that there is a gas station along Route 9 dumping antifreeze into the drains that go into Wappinger Lake. What steps must be taken in order to check to see if this violation is indeed true? Supervisor Smith explained that she would call the DEC and ask them to investigate to see if it is true. COUNCILMAN VALDATI suggested, that since this is a Village matter, a confidential memo should be sent to Mayor Belding informing him that there is going to be an investigation. COUNCILMAN BETTINA had a constituent call him about the public information meeting regarding the new High School for the City of Beacon. He feels that it is important that the paper and the public know that 45% of the residents in the Beacon School District are made up of Town of Wappinger and Town of Fishkill residents. He informed his constituents, that it was a school board issue, not a town issue. He wishes to know if the Supervisor or the Assessor can send a letter out to the Wappinger residents regarding the vote on March 31st for this new school, and he feels they should be informed what effect this vote would have on their taxes. SUPERVISOR SMITH informed Mr. Bettina, that normally we do not get involved in school elections, and informing the residents would be the Councilman's responsibility. Discussion followed. COUNCILMAN BETTINA moved to go to workshop to discuss this issue in depth. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize the Town Board to meet with the Village Board to discuss issues. Seconded by Mr. Ruggiero Motion Unanimously Carried There was no other business to come before the board. COUNCILMAN VALDATI moved to close the meeting, seconded by Mr. Ruggiero and unanimously carried. The meeting adjourned at 8:54 p.m. 10 WOU 66/2;2;/80 Elaine H. Snowden Town Clerk I