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1997-06-23 RGMAGENDA i TOWN BOARD TOWN OF WAPPINGER I JUNE 23, 1997 7;30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL I PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: May 26, 1997 - June 9, 1997 4. REPORTS OF OFFICERS Sup/Compt Town Justices Receiver of Taxes I Bldg. Insp. Zng. Adm. Dog Control Officer Highway Supt. 5. PETITIONS & COMMUNICATIONS I a. Richard Cullen ,re: drainage problem at front of his property on i Cedar Hill Rd. b. Mary Abruzzo, 21 Peters Rd. re: inclusion in Sewer District c. Beth Doyle, Community Dev. Adm. re: Choice of Options for Community Development Block Grant Program, 1998 - 2000 d. Gail Bennett, Pres. Bd. of Managers for Montclair Town houses re. Tri Muni Phase 3A and Traffic Statistics e. NYSDOT Jean Gunsch, C.E. re: Traffic Conditions -Route 9D at Montclair Town Houses f. Requests for return of escrow funds from: (1) James & Lisa Emanuele, Lane Gate, Lot #21, $3,000 (2) Barnside Construction � $4,165.75 g. J. Paggi, Eng. to Town, reports: (1) Dutchess Medical Arts Bldg. Connecting to Wappinger Park Water System (2) Svi Segal/Sherwood Heights bond h. Michael Gelante, Frederick Clark Assocs., re: STOP and YIELD signs i. Memo from M. Tremper re: Fleetwood Water District water j. A. Roberts, Attny to town reports: Media One Cable rate increase i k. Thos. Logan, Assessor, re: Oakwood reimbursement 1. D. Close requests permission to attend schooling June 27th 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT a. Zoning Adm. report b. A. Roberts, report re: Evergreen Estates 8. RESOLUTIONS a. Authorizing Old Troy Road Project b. Consider Rockingham Farms Sewer District facilities improvements 9. UNFINISHED BUSINESS a. Arlene Cole re: Easement Trench -Rockingham Farms b. Graham Foster, H. Supt., re: Pagers and radio equipment ,I i 10. NEW BUSINESS Flavormatic Corp. re: water and sewer rates 11. ADJOURNMENT i i REMINDER: PUBLIC HEARING - ROCKINGHAM FARMS SEWER DIST. FACILITIS IMPROVEMENTS 7:15 P.M. 062397.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on June 23, 1997 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 Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina (arrived at 9:05 P.M.) June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town (arrived at 8:30 P.M.) Graham Foster, Highway Superintendent Joseph Grogan of Paggi & Martin P.E. The Supervisor requested all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Regular Meeting of May 29, 1997 and the Bi -Monthly Meeting of June 9, 1997 having previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILWOMAN VISCONTI moved that 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 May were received from the Town Justices, Supervisor/Comptroller, Building Inspector, Receiver of Taxes, and Dog Control Officer. COUNCILWOMAN VISCONTI moved to accept the reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried PETITIONS & COMMUNICATIONS Correspondence from Richard T. Cullen of 374 Cedar Hill Road, regarding an on-going drainage problem he has had in from of his home. Several letters were sent to Mr. Foster, Highway Superintendent who contacted Attorney to the Town, Al Roberts, and Engineer to the Town, Jay Paggi. Mr. Foster indicated there is nothing he can do. Since that time, two auto accidents have occurred due to the rut caused by the drainage. Mr. Foster went on to explain that Mr. Cullen lives at the bottom of Cedar Hill, and the water runs all the way from the corner of Dorothy Hts., all the way down to his property. There is really no way to get rid of it. The water that does run across, runs on the immediate shoulder of the road, about three feet in front of his driveway. 1 '062397.RGM The Highway men blacktopped last year. Since that time the Storm Drain has been cleaned, and he spoke to Mr. Cullen in November and agreed to cut a hole in the berm at the top of the hill, which has since been done. His men have not been able to do any road maintenance, due to the five weeks spent on the storm clean up, and the last seven weeks have been dedicated to the Spring cleanup. He has done all he can do for now, except for putting another blacktop swale down along some of the side where the erosion has occurred. Last year he paved the immediate shoulder of the road, which is the first part of his driveway. The water is going to continue to run beyond his driveway, but does not run in his driveway. There is nothing more to be done short of spending tens of thousands of dollars out there to put in drainage, to make sure the water goes under his driveway instead of across it. COUNCILWOMAN VISCONTI moved to refer Mr. Foster, Highway Superintendent contact Mr. Cullen, and reiterate what he has done, and what he expects to do. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is a letter from Mary Abruzzo of 21 Peters Road, requesting that the area between Old Hopewell and Route 82 off All Angels Hill Road be provided Town Sewer & Water. Their septic systems are old and should they fail, would have nowhere for new systems to drain into. Mrs. Abruzzo is requesting that her area be among the first to be considered in the next phase of installing Town Sewer & Water. Supervisor Smith informed the Board that she called Mrs. Abruzzo on this matter. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence and a Resolution from Beth Doyle, Community Development Administrator regarding the choice options for the Community Development Block Grant Program, 1998-2000 and if the Town wishes to participate. A RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF DUTCHESS FOR THE PURPOSE OF UNDERTAKING A COMMUNITY DEVELOPMENT PROGRAM PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND THE HOME INVESTMENT PARTNERSHIPS PROGRAM OF TITLE II OF THE NATIONAL AFFORDABLE HOUSING ACT OF 1990. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption, and authorized the Supervisor to sign. 2 y. 062397.RGM WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized, under Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Program of Title II of the National Affordable Housing Act of 1990, to make grants to states and other units of general local government to help finance Community Development Programs, and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more other municipal corporations, to apply for, accept and expend funds made available by the Federal government, either directly or through the state, pursuant to the provisions of any Federal Law which is not inconsistent with the statutes or constitution of this State, in order to administer, conduct or participate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation, and WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Program of Title II of the National Affordable Housing Act of 1990, and "Eligible Activities: thereunder are not inconsistent with the statutes or constitution of the State, and WHEREAS, a number of municipalities have requested Dutchess County's participation and the County of Dutchess has determined that it is desirable and in the public interest that it make application for Community Development Block Grant funds as an Urban County, and WHEREAS, participation by the County of Dutchess as an Urban County in Community Development Program requires that the Municipality of the TOWN OF WAPPINGER, and the County of Dutchess cooperate in .. undertaking, and assist in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 9 and 17 of the New York Constitution, and WHEREAS, the Board deems it to be in the public interest for the Municipality of the TOWN OF WAPPINGER to enter into a Cooperation Agreement with the County of Dutchess for the aforesaid purposes, now, therefore, be it RESOLVED, that the SUPERVISOR be and hereby is authorized to execute a Cooperation Agreement attached hereto for the three year period 1998, 1999, 2000 between the Municipality of the TOWN OF WAPPINGER and the County of Dutchess for the purpose of undertaking a Community Development Program pursuant to Title I of the Housing and Community Development Act of 1974, as amended and the HOME Investment Partnerships Program of Title II of the National Affordable Housing Act of 1990. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Gail Bennett, President, Board of Managers with Montclair Townhouse Condominiums, concerning the Tri -Municipal Phase 3A. She indicated that the response from the Town indicated what they would be facing, and it was not possible, at this time to commit Montclair to Phase 3A. �3 062397.RGM COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence from Jean T. Gunsch, C.E. with a follow up to Mrs. Smith's meeting on March 28, 1997 with Albert J. Bauman, Regional Director and Jeff Wickeri, Assistant Regional Traffic Engineer, during which a number of items relative to traffic conditions on Route 9D in the vicinity of Montclair Townhouses was discussed. In regard to the request for a speed limit reduction, we must stand by our previous decision, as outlined in the October 16, 1996 letter to Supervisor Smith, that a reduction in the 45 MPH speed limit would not be appropriate. Although Route 9D is striped as a no passing zone in this area, it is our understanding that there is concern about the northbound motorists illegally passing vehicles that are stopped for a left at the driveway. To reinforce the no passing restriction, which should help to alleviate the Towns concern, they will install a DO NOT PASS sign on the northbound Route 9D, just south of the driveway, as soon as workload permits. COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith send a letter to Mrs. Gunsch requesting the removal of the broken yellow passing lines north on 9D approaching Ketchamtown Road, and south on 9D approaching Montclair. Also a double yellow line from Hughsonville to Old State Road. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Valdati wish to go on record as stating he was very displeased with the results of the meetings, there were many legitimate points to bring up, but we received very little for our efforts. SEVERAL requests for the return of Escrow. The first request was from James & Lisa Emanuele, Lane Gate Lot #21 for $3000. COUNCILWOMAN VISCONTI moved to approve the return of escrow to James & Lisa Emanuele, Lane Gate Lot #21 for $3,000 upon the recommendation of Building Inspector and Highway Supervisor. Seconded by Mr. Valdati Motion Unanimously Carried The next request for the return of Escrow in the amount of $3,797.75 was received from Barnside Construction. Notification from Barnside Construction stating they are withdrawing their application for rezoning has been received also, and the voucher reflects all the charges deducted. 4 062397.RGM COUNCILWOMAN VISCONTI moved to approve the return of escrow in the amount of $3,797.75 to Barnside Construction, based upon the recommendation of the Building Inspector, and the voucher to reflect other charges deducted. Seconded by Mr. Ruggiero Motion Unanimously Carried Several reports from Jay Paggi, Engineer to the Town. Sitting in for Mr. Paggi is Joseph Grogan of Paggi & Martin. The first report concerns Dutchess Medical Arts Building. Mr. Paggi received a number of calls from the Dutchess Medical Arts Building and contractors wishing to give the owners of this building a price to connect to the Wappinger Park Water system. As you recall, tenancy for this connection was approved sometime ago, and a proposed contract was went on to them. They are in need of the sketch that was drawn by his office for the connection. Mr. Paggi recommends the Town get all the contracts signed before releasing the sketches. In addition to signing the contract, the Dutchess Medical Arts Building was to set up a $750 escrow account for inspection service during construction of the water service connection and should be done prior to the issuance of the permit. COUNCILWOMAN VISCONTI moved to authorize Attorney to the Town Al Roberts inform Dutchess Medical Arts that contracts must be signed before sketches can be released. Seconded by Mr. Ruggiero Motion Unanimously Carried The next report concerns the Sherwood Heights Road Bond. At the request of Svi Segal, Mr. Pages office has calculated the amount of the road bond for the last two remaining sections of the Sherwood Heights subdivision. COUNCILMAN VALDATI moved to table this item until such time as Mr. Paggi hears from Mr. Segal. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence from Michael Galante, of Frederick P. Clark Associates, with a print of the " Existing Intersection Traffic Control', which shows STOP and YIELD signs throughout the Town. He has highlighted in yellow, the signs where the Town currently has a local law. Also highlighted in red, where there is a local law for STOP or YIELD sign, however, no sign in the field. Also, please note that in some cases, there is also a YIELD sign shown in a local law, where currently there are STOP signs. It is possible that the YIELD sign local law was superseded by a STOP sign local law. STOP signs on Town roadways which intersect with County roadways were not 5 ' 062397.RGM highlighted since these traffic control signs are apparently controlled by the County. COUNCILWOMAN VISCONTI moved to place this on a workshop for further review of the recommendations, and make a decision from there. Seconded by Mr. Valdati Motion Unanimously Carried A Memo from Mike Tremper of CAMO Pollution Control with a reminder that we have reached the time of year where the operation of the Fleetwood Water District becomes very critical. CAMO Pollution Control has been closely monitoring the system since early May. With the forecast of a continuation of very warm weather for the upcoming week, CAMO has begun to truck water to help supplement the water supply. It should be noted that this is approximately the same time of year that it became necessary to truck water in 1996. CAMO is planning to follow a similar schedule as last year to supplement the water supply. COUNCILWOMAN VISCONTI moved to accept Mr. Tremper's memo and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Supervisor Smith informed the Board that she had sent out warning letters to the residents of Fleetwood to conserve water. The media will be notified. If the hot weather continues, a water ban will be initiated. At the May 29th Town Board Meeting, Attorney to the Town Al Roberts was authorized to go over the contract of Media One regarding the cable programming rate increases. According to the Cable Television Franchise Agreement between the Town and Media One Cable, service rates and changes imposed by Media One Cable are subject to the approval of the Town. The Town's approval is subject to the provisions of State and Federal law. According to the Cable Television Franchise Agreement between the Town and Media One Cable, service rates and changes imposed by Media One Cable are subject to the approval of the Town. The Town and Media One must first comply with the provisions contained in 47 Code of the Federal Regulations Part 76(n). These regulations provide that the Town can only review the rate increase after it has received two (2) complaints that the increase is excessive, from two subscribers residing within the Town, excluding the Village of Wappingers Falls. The complaints must be received by the Town within 45 days of the date of the notice of the rate increase to subscribers. The only criteria that the Town can use to evaluate whether the D 062397.RGM rate increases are appropriate is limited to those contained in the Federal Guidelines under 47 Code of Federal Regulations Part 76. COUNCILMAN VALDATI moved to accept Mr. Roberts report and place it on file for now. Seconded by Mrs. Visconti Motion Unanimously Carried Next is a letter from Tom Logan, Assessor with an appraisal of the Oakwood Sewer plant located at the rear of Pattie Place, Town of Wappinger. There will be no land value estimated for this parcel as the appraisal question is the building value. The Building is a Butler type structure measuring 60 feet by 18 feet. The front portion of the structure is a garage area of approximately 360 square feet with an entrance provided by an overhead door. The remaining area of 720 square feet is equipped as an office and testing lab for Sewer Operations and has all normal services, (electric, telephone, water, heat and sanitary). The Building is 25 years old and in fair condition for the age and use the building has experienced. Reproduction cost new at $40 a sq. ft. $43,200.00 Less 2%s% yearly depreciation (62.5%) 27,000.00 Residual value 16,200.00 Less 10% for location 1,620.00 Estimated value $14,580.00 COUNCILWOMAN VISCONTI moved to accept the appraisal as prepared by Mr. Logan, and authorize Attorney to the Town Al Roberts to prepare the Resolution. Seconded by Mr. Ruggiero Motion Unanimously Carried A request from Don Close, Zoning Administrator, for permission to attend the Planning Federation Spring Regional Training Class to be held on June 27, 1997 at New Paltz College. Per State Code Enforcement regulations, Mr. Close must attend 24 hours each year. COUNCILMAN VALDATI moved to approve the request of Don Close, Zoning Administrator to attend the Planning Federation Spring Regional Training Class to be held on June 27, 1997 at New Paltz College, and his legitimate expenses to be a Town charge. Seconded by Mrs. Visconti Motion Unanimously Carried Next is a request from Ralph Holt, Chairman of Recreation for permission to hire John Weber as a full time replacement to work with Steve Tompkins at the Recreation Department. As you know, John Vorndran retired from the Town Recreation last year. Mr. Vorndran was one of the two full time 7 062397.RGM employees. Mr. Holt advertised in the Southern Dutchess News and received resumes from seven candidates. Mr. Weber has the qualifications to handle the job. He has had experience with the equipment being used, and seems very bright and strong. Mr. Holt would like to hire John Weber part time for July and August and if at the end of that time he works out, make him a full time employee. Mr. Holt would recommend we start John at $17,500 per year. COUNCILMAN RUGGIERO moved to authorize Mr. Holt, Recreation Chairman, to hire John Weber as a full time employee to the Town Recreation Department, at a salary of $17,500 per year. Seconded by Mr. Valdati Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI announced that the Village now has a left hand arrow on the Stop light at the corner of East Main and South Avenue. He wished to thank the DOT. COUNCILWOMAN VISCONTI had no reports a this time. SUPERVISOR SMITH informed the Board that estimate for a Bug Deflector that was damaged by one of our Highway Trucks, is $84.72. COUNCILMAN VALDATI moved to authorize Supervisor Smith to forward the estimate for the damaged Bug Deflector, to the Insurance Company. Seconded by Mrs. Visconti Motion Unanimously Carried BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of May on the subdivisions, the amounts, expiration dates and call up dates. Mrs. Visconti questioned Mr. Close on the expiration and call up date for O'Donnell Development Corporation, they were expired, had they been renewed. Mr. Close replied O'Donnell had been renewed, but he would check further on this. COUNCILWOMAN VISCONTI moved to table Mr. Close's report until it has been verified that O'Donnell Development Corporation has been renewed. Seconded by Mr. Valdati Motion Unanimously Carried When Attorney to the Town Al Roberts submitted his report on Evergreen Estates he inadvertently omitted the estimate from RGH Construction, Inc. (Roger Humeston) in his letter to the Town dated June 9, 1997. A copy of the estimate is enclosed. Based on conversation with Jay Paggi, a substantial amount of work identified in the Phase I estimate has already been completed. The remaining work, essentially the holding pond, the control f i 0 062397.RGM structure, blacktop, binder and top, total approximately $112K. This is consistent with the information Jay Paggi reported at the Town Board Meeting. The present bond in effect is more than sufficient to cover these costs. This topic is still opened. COUNCILWOMAN VISCONTI moved to table Mr. Roberts report on Evergreen Estates to the July 14th meeting. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS The next item on the agenda for the Boards consideration is to authorize the Old Troy Road Project. At this time Attorney to the Town, Al Roberts requested the Board table until he has a chance to meet with Mrs. Reese. COUNCILMAN VALDATI moved to table to the next meeting as requested by Mr. Roberts. Seconded by Mrs. Visconti Motion Unanimously Carried A Public Hearing having been held for the purpose of paying the cost of the increase and improvement of the facilities of the Rockingham Farms Sewer District, in the Town of Wappinger, the matter of its adoption was now placed before the Board for their consideration. There was no action taken at the at the Public Hearing. The Resolution to authorize the expenditure of $118,000, from Rockingham 448902.84 Account, for the collapsed sewer line was adopted at the Special Meeting of June 18, 1997. COUNCILWOMAN VISCONTI moved to agree to the position taken at the last Town Board Meeting whereby the Kent Road /All Angels Hill sewer line repair will be paid by the $118K, from interest, per the presentation from Ann Buckley at the last Town Board Meeting, and authorize the work for the Rockingham Collapsed Sewer line, per map, plan and report that was presented by Engineer to the Town, Jay Paggi. Seconded by Mr. Ruggiero Motion Unanimously Carried UNFINISHED BUSINESS Additional correspondence from Arlene Cole, 4 Scott Drive, regarding the rats living in the easement trench that borders her property. Once again reminding the Town, if Town workers do anything to disturb the nests causing them to migrate to her property, she is putting the Town on notice. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried 062397.RGM Mr. Foster, Highway Superintendent was authorized to investigate the cost of providing radio communications equipment for the Building, Zoning and Fire Departments. Mr. Foster contacted A-1 Communications and Nycomco who provided him with quotes for the rental of their equipment. The radios offered by A-1 cannot access the Highway frequency, and during emergencies would not be able to communicate. The radios offered by Nycomco would not access Dutchess County Fire, but they would give Mark Liebermann, Fire Inspector an additional radio for this purpose, free of charge with the contract. In order to offer a more competitive contract, Nycomco will offer the Town a six year contract at $39 per mobile and $59 per base. This will carry the Building Department contract through the end of the current Highway contract, and at that point negotiate a new combined contract for the entire Town. In dealing with Nycomco for 71/2 year, Mr. Foster has never had a problem. Their response to calls for service for Highway, Town Patrol and the Zoning Administrator have been excellent. Mr. Foster highly recommends Nycomco to provide the radio communications equipment for the Town. COUNCILMAN VALDATI moved to sign the contract with Nycomco to provide the radios and base set for Building, Zoning and Fire upon the recommendation of Mr. Foster. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Foster was also requested to look in Alpha Numeric pagers by Mr. Bettina. Mr. Foster wished to provide the report when Mr. Bettina was present so he could explain the features between the Alpha Numeric and Straight Numeric. COUNCILMAN VALDATI moved to table Mr. Fosters report for the pagers at such time when Mr. Bettina were present. Seconded by Mrs. Visconti Motion Unanimously Carried At this time SUPERVISOR SMITH wished to speak on the Rockingham Drainage Easements, and the accident that occurred when an automobile hit the home of Mr. & Mrs. DeMelo of 6 Drew Court. Mr. & Mrs. DeMelo were very shaken up by the accident and are requesting the Town to plant 6 trees in addition to the guardrails that have been placed in the easements. They feel the trees will provide for more safety. Supervisor Smith informed the Board that the trees would cost $100 each. At this time 8:30 P.M. Jay Paggi arrived at the meeting, and explained to the Board exactly where the trees would be placed 062397.RGM COUNCILMAN RUGGIERO moved to authorize six (6) additional trees be placed in the DeMelo back yard at 6 Drew Court, at a cost of $ 600.00. Seconded by Mrs. Visconti Motion Unanimously Carried As you all know, Mrs. Visconti has been working, along with Jim Hammond, the County Legislature in regard to the removal of Diddell Road Overpass on Maloney Road. It is very dangerous. Mrs. Visconti has been contacted by several of the residents who are working on a petition, if needed, for the removal of the Overpass. Due to the efforts of Mrs. Snowden, sending a letter to Mr. Steinhouse, and others, we have received responses, and are now moving ahead. Attorney to the Town, Al Roberts received from Anthony DeRosa, Chief Assistant Attorney for Dutchess County, a draft of a proposed contract, which he as reviewed. After lengthy discussion with Mr. DeRosa, they have come to a conceptual agreement on the items that would be favorable to both the Town and the County, since this is a joint venture. Because the County Legislature will be meeting on July 14, 1997, Mrs. Visconti would like Mr. Roberts to place this matter on their agenda at this time, in order to get this project completed before the beginning of the school year in September. If there are no objections, Mrs. Visconti would like to authorize Mr. Roberts to move ahead, as long as the items that have been discussed this evening have been documented. Supervisor Smith had some concerns, because we never had a formal meeting with the entire Board present. Mr. Foster informed the Board that Corbin Excavating had agreed to truck and remove the material and debris at no cost to the Town, except for the expense of labor required to load the material onto Corbin's truck. Mrs. Smith had a question on the stones, could we arrange to get the stones to fill in on the Dean property. Also, Mrs. Smith thought their Engineers were going to come up with a cost for each of us. Mr. Foster explained it would cost $10,000 to $20,000, depending on the amount of time for removal, and would come out of his Road Maintenance Budget. The original estimate was much less material because we had proposed a one on three slope. However, they have requested a five percent slope, which is a much generous slope for the purpose of bicycle paths. Also, Mrs. Smith wished to know if we can get a contract from Corbin Excavating stating they will remove the material and debris free of charge. Mr. Roberts explained that this arrangement should be committed to writing. He also informed the Board that this item must be placed back on the Town's agenda again. The only thing that Mr. Roberts hoped to get accomplished was to have the authority to negotiate the terms of the contract. Mrs. Smith reminded Mr. Roberts that he was given that authority at the May 12th meeting. When Mr. Ruggiero 11 062397.RGM questioned Mr. Roberts on removal of the debris, Mr. Roberts explained that the County is going to demolish the Overpass, and the Town is going to remove it. Mr. Foster has made the arrangements for a third party do the removal, but he must hire a backhoe or a tractor to fill the dump trucks. What we need to do between now and the 14th is to get all these details put together in proper form, have a proposed contract or commitment sent to us from the third party, and a budget from Mr. Foster, so money is earmarked from his budget to perform the work. Mr. Ruggiero was questioning the demolition of the overpass. Why must the Town be responsible for the carting away of the debris? Mrs. Visconti explained, this is a joint project, and we can get this safety hazard removed, Mr. Foster, was able to get the third party agreeing to remove the debris free of charge. Mr. Ruggiero felt the connection should go through the County and the third party. Mrs. Visconti explained that if we did not handle this project as a joint venture, it would remain a safety hazard forever, and not move forward. Mrs. Visconti said her constituents are really hurting, this is very important to them. Mr. Roberts went on to explain that it is a County right of way, and a Town Road. The County basically controls those type of intersections, and have proposed to do the demolition if the Town handles the removal. If the Town is in agreement, and accepts the contract, it will be done. If the Town does not accept it under those terms, it won't be done. Supervisor Smith explained, we are not doing this job, its the County's. We agreed verbally, that it is a Town road and they have to be up to our specs. The County, not the Town is paying to take the overpass down. Mr. Foster went on to explain that the original estimate for the project several years ago was in excess off $100K, each, for each tunnel, and we are looking at $40 K for the entire project The Town is only paying for loading equipment to remove the concrete At this time 9:05 P.M. Mr. Bettina arrived. COUNCILWOMAN VISCONTI moved to table the vote on the Diddell Road overpass project to the June 30th meeting for further discussion. Seconded by Mr. Ruggiero Motion Unanimously Carried Earlier in the meeting discussion for the cost of pagers was tabled until Mr. Bettina were present. Mr. Bettina arrived at 9:05 P.M., and Mr. Foster wished to address the issue now. Mr. Foster had spoken with Page, NY, who currently provide numeric pagers to the Highway Department under a lease agreement on State Contract at the rates of $4.50 a pager, per month. Currently, Building, Zoning, and Fire Inspectors are renting numeric pagers. An alpha numeric pager under the same agreement is $13.45 a pager, per 12 Ii Y 062397.RGM month. Mr. Bettina went on to explain the benefits of the alpha numeric pagers to the Board. COUNCILMAN VALDATI moved to authorize the purchase of the alpha numeric pagers from Page, NY, upon the recommendation of Mr. Bettina. Seconded by Mr. Bettina Motion Unanimously Carried NEW BUSINESS Supervisor Smith introduced Ronald Back, owner of Flavormatic who wished to address the Board. At the time of his closing on Flavormatic, he was not aware that he was getting charged for 22 sewer connections when he only needed one sewer connection. Since that time he negotiated with the Town Board to pay a $750 per quarter. He was very happy with the outcome at that time, but was not able to enjoy the benefits very long, due to the increase in the sewer rates. Mr. Back feels it is very unfair to him, having to pay the increase in rates. When he negotiated with the Town for $750 per quarter, he was under the impression that it was a fixed amount. When he received his bill, he contacted Supervisor Smith and she said she would look into it. In the mean time, it slipped their minds, and Mr. Back received a $100 late charge penalty. He has since paid the fine, and that is the reason he is here tonight. He does not mind paying his fair share. He and the Town negotiated a settlement, and he received no benefits. He is being billed as a resident. A meter was installed to record the amount of water actually going into the sewer district. It was determined that Flavormatic discharged the equivalent of one house. The Town informed Mr. Back that they could not reduce his sewer bill to (1) one house, because it would put a burden on all the other residents in the district. There was a general discussion by the Board, and Jay Paggi, Engineer to the Town informed Mr. Back that he is in Rockingham Sewer district, and this is the only non- residential establishment in the district. Mr. Back asked if the other manufacturing concerns in the other districts pay the same amount as he does Mr. Paggi went on to explain that they pay on a benefit unit basis, not a flow basis. How many units does the same size building pay. Mr. Paggi explained that is done on a advalorem basis, so quite a bit. Mr. Valdati said before he could even consider any type of reduction he would have to see how much advalorem was involved here as opposed to one home, two homes, three homes. Then he would see if this operation, based on its advalorem basis, is getting fair consideration. Mrs. Smith said she would get all the information to the Board Members and get back to Mr. Back before his September bill for further discussion. 13 062397.RGM COUNCILMAN VALDATI moved to credit the $100 penalty that was charged to Flavormatic, to the next sewer bill. Seconded by Mrs. Visconti Motion Unanimously Carried At this time Mr. Valdati announced that the Town Board had received a letter of resignation from Assessor, Tom Logan. Mr. Logan will be resigning as of July 12, 1997. Mr. Logan has worked for the Town for 26 years. The Town appreciates and recognizes the many years of service that Mr. Logan has given to the Town of Wappinger. COUNCILMAN VALDATI moved to accept the notification of Mr. Logan's resignation, effective July 12, 1997 and place it on file.. Seconded by Mrs. Visconti Motion Unanimously Carried There was no other Business to come before the Board. COUNCILMAN VALDATI moved to close the Town Board Meeting, seconded by Mrs. Visconti, and Unanimously Carried. The Town Board Meeting Closed at 9:30 P.M. Elaine H. Snowden Town Clerk 14 062397.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 23, 1997 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, for the purpose of paying the cost of the increase and improvement of the facilities of the Rockingham Farms Sewer District, in the Town of Wappinger, consisting of the reconstruction of the sewer lines at All Angels Hill Road, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith. The maximum estimated cost of the aforesaid increase and improvement of the facilities of Rockingham Farms Sewer District in the Town is $116,000, and the plan for the financing thereof is the issuance of serial bond and bond anticipation notes prior thereto.. SUPERVISOR SMITH opened the Meeting at 7:20 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina (arrived at 9:05 P.M.) June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town (arrived at 8:30 P.M.) Graham Foster, Highway Superintendent Joseph Grogan of Paggi & Martin P.E. The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Meeting). No action was taken at this Public Hearing, as the Town Board, at the Special Meeting of June 18, 1997 voted to authorize the expenditure of the interest ($118,000), that had been earned from the Rockingham 448902.84 Account to pay for the collapsed sewer line in the Rockingham District. There were no other comments or questions. COUNCILWOMAN VISCONTI moved to close the Public Hearing, seconded by Mr. Ruggiero, and Unanimously Carried. Motion Unanimously Carried The Public Hearing closed at 7:22 P.M. Elaine H. Snowden Town Clerk 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING IN THE MATTER OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE ROCKINGHAM FARMS SEWER DISTRICT IN THE TOWN OF WAPPINGER, D.C., NY STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 11, 1997, your deponent posted a copy of the attached Notice of Public Hearing in the Matter of the Increase & Improvement of the Facilities of the Rockingham Farms Sewer District, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me the c,� 3 day of , 1997 NOTARY PUBLIC i i1 Irl c j or or Newyolkr County ( 7 bow Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, NtioCEs PPUSLICiJ ARN° Town of Wappinger. gown QIVENtlWpN gni � ETown 'o� ME NO NN,,.. Joan Miller Mlddlebuah'f4t71 e .................................................. of the Fell., NewtYork, in .M i pry 23rd"day of Juq;i Town of Wappinger, Dutchess County, New York, o'dodc,P.M., Pr Ing on or ph"oe°`. being duly sworn, says that he is, and at the several irp on al. • of PrA n g he'far..eea nookkee er oft Improvement of lM feIlltUe oq times hereinafter was the �............... ttheFlo-- pherrtFarrgb6el er N�# r • • . • • • . • ..... . d,. Tawn af,Weppinper, Q�heee7 of the SOUTHERN DUTCHESS NEWS, a Ooww".N�w1QpriceVKMMt# jdTbwrr �«+saura stn.rt_ ate, "'Me newspaper printed and published every Wednesday men loneness, and.IDoldPnt�119p in the Town of Wappinger, Dutchess County, New mens and eltplitteee kr The ON east York, and that the annexed NOTICE was duly atn. aloneaW inwwi �ytd provement-„of'�111N,1fapylfleo o Rockinohamaarms8,w�r published in the said newspaper for .QnQ...weeks the Town Its s116,000, ndthefor else the a the financing pa twwmWd kp cote of Kriel � successively in each week, commencing on the al noa 0011han t M” capllei; ftFW� lw ...Ut7. h. day of ..June.......... 19 . and on the tideter mined to be an Unlisted Action pwq sk ro "" rp�'deM ent of rnons of En Now following dates thereafter, namely on Yo8laa Depertm, mental Conservation promulgated Pursuant to the State Environmemd ..................... . Oualfly Review Act, which the Town BoaWill �.ndetermined, rrs~propoid and ending on the ..��,th..... day of .June..... any Ipnlllcant,erry ronmentr eReote. , . !At said puWI0Mgagngy*q b " 19.9 both days inclusive. In 00" 19.27 kR.r.b y subim thenar thereof. Dated:Fall, 1997 Tape, °BYORDFai tiE. t30AR0OFTHETOWN .. .. ••• '••• ••••••••••.••••.••.. 'D ESS*COUNTY, NEW YOR Subscribed and sworn to before me this ............. day of .......................... 19..... AI k3EK T" PA, (,T' l"I......................................... NOTARY POEM, 51;1;1 of 111'•11 YORK Notary Public QUAL 1111,,1 i II "1' y 3'I 14 s.2101(10 r,OMNISS141B kRLS My commission expires ...... ,%...........