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1997-02-24 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 24, 1997 7:30 p.m. i' 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL ! PLEDGE ALLEGIANCE TO FLAG i 3. Accept Minutes Reg. Jan. 27, 1997 I I� 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Bldg. Insp. Zug. Adm. Highway Supt. Poughkeepsie Wappinger LaGrange Joint ! Landfill Project - Financial Statement -year end -12/31/96 5. PETITITIONS & COMMUNICATIONS a. b. C. d. e. f. 9. h. i. J. k. 1. NYSDOT Regional Planning & Program Manager R. Peters, re: Pedestrian facilities Route 9 to toute 9D Vassar Rd. D. McHoul, Director, Office of the Aging Re: Senior Citizen Picnic Greenway Conservancy re: Grant Agreement -Greenway Trail Thos. Eastwood, Sup. of New Business services Central Hudson, RE: Castle Point Recreation Site Mr. & Mrs. Win. Roth, Martin Drive, Re:Drainage Ditch in back Yard Diane Rainey, Director, Continental Cablevision re:Customer Billing Michael Tremper, CAMO, Re: Sewer & Water Laterals 67 Myers Corner Rd. - M. Schnorr property Karl J. Balone, Little League, invitation for Opening Day Ceremonies Emanuel Saris, Attny for Certiorari matters, re Marshfield Ent. M. Rudikoff, MDRA, re: 1997 Rate Schedule and SEQR Status for Tri -Muni- Negative Declaration determination of Non -Significance Village of Wappingers Falls (1) Requests permission to use 3 Voting Machines for March 18th Election (2) recommendation to change Town Ward 1 - Dist. 1 Polling Location to American Legion Hall Notification of Intent to renew or apply for Liquor Licenses from: Shadowbrook, Inc (Chelsea) - Frank Nola, Inn at Osborne Hill - Frank Marinaro, for HomeTown Buffet, 1271 Route 9 Dutchess County Dept. of Health: (1) Hindu Samaj Sewer Main Ext. (2) Oak Ridge Subdivision Wewer & Water main Extensions M. Tremper, CAMO, re: Lead & Copper Monitoring Rockingham,CWWIA G. Foster, H. Supt. re: (1) 1996 Poughkeepsie Asphalt Bill (2) Equipment replacement (3)Bulk Recycling Pickup (4) Easter Rd./ Circle Drive Complaint Justice Court Memo re: Local Law Enforcement Assistance Grant progl:am Salvatore Pennini, Public Finance Associates, Inc. re:Contract J. Paggi, Eng. To Town Reports: (1)Property Survey for Dean Property (2) Rockingham Storm Drainage Project 2/11/97 and Rock Quantities 2/4/97 (3) Tri Muni Sewer Comm. 2/5/97 (4) Rainfall Data - 1996 A. Roberts, Attny to Twn, Reports: (1) Draft Map Plan & Report Proposed Combined Wappinger Water Imp. Area. (2) Tri -Muni Phase 3A Professional Contracts (3) Opinion re: conflict of interest or incompatibility between two positions (4) Dutchess Co. Waste Water Authority w/Town Water Study Accept Engineer to Towns' Draft Map, Plan, & Report on Proposed Combined Wappinger Water Improvement Area Accept Engineer to Towns' Interim Map, Plan, and Report Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A Consider Highway Bids for Road Aggregates, Bituminous Concrete, etc. Fuel and Gas 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zoning Adm. Report 8. RESOLUTTONs a. Introduce Local Law on 0 &.M Rates for Fleetwood Water Dist b. Introduce Local Law for Amendments fo Senior Citizen Exemptions C. Inroduce Local Law for Veterans Exemptions 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT 022497.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on February 24, 1997 at the Town Hall, at 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 8:30 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer 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 Meeting of January 27, 1997 having previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILWOMAN VISCONTI moved that he 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 January were received from the Town Justices, Building Inspector, Zoning Administrator, Superintendent/Comptroller, Highway Superintendent, Poughkeepsie/ Wappinger/Lagrange Joint Landfill Project - Financial Statement year end 12/31/96. COUNCILWOMAN VISCONTI moved to accept the reports and place them on file. Seconded by Mr. Ruggiero Motion Unanimously Carried PETITIONS & COMMUNICATIONS A response from the NYSDOT regarding the Towns December 16, 1996 letter to Regional Director Albert J. Bauman requesting that the proposed sidewalk along Route 9 and pedestrian crossing of Wappinger Lake be a Department priority. Given the Department's resource constraints it is more resource efficient for them to progress this work as one project than as two 1 022497.RGM separate projects. They are awaiting a decision by the Poughkeepsie Dutchess County Transportation on funding before proceeding. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Douglas McHoul, Director, Dutchess County Office for the Aging regarding plans for the Senior Citizen Picnic. They are requesting in each community a sponsor, or several sponsors to pick up the $2.50 per person cost for the picnics. COUNCILWOMAN VISCONTI moved to approve $2.50 each for attendees to attend the picnic, and authorize Supervisor Smith to notify Mr. McHoul. Seconded by Mr. Valdati Motion Unanimously Carried Next is the Hudson River Valley Greenway Grant Agreement in the amount of $2,500,to be used for the purchase of trail markers and a trailhead interpretive sign. COUNCILMAN VALDATI moved to authorize the Supervisor to sign the Hudson River Valley Greenway Grant Agreement. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Thomas Eastwood, Supervisor of New Business Services for Central Hudson Gas & Electric Corporation with his proposals for the Castle Point Recreation Site. If the Town provides the trench, sandpadding and backfill from Central Hudson Pole #34278 (north of the park) to an agreed upon location in the park, Central Hudson would provide the primary cable, fiberglass box pad and transformer to serve the park. Under these conditions, there would be no other charges from Central Hudson. Mr. Foster, Highway Superintendent explained to the Board, that he inspected the area and didn't see any way you could put an underground cable through there. He informed the Board that there used to be poles there at one time, and could not understand why Central Hudson could not put poles up again. Supervisor Smith explained, that we have tried to get easements for several years, and if we do not use this money we will lose it. Attorney to the Town Al Roberts explained that if there were no easements to begin with and then the poles were removed, the adverse possession ceased, and consequently they would have to get new easements. 2 022497.RGM COUNCILWOMAN VISCONTI moved to accept the correspondence pending a meeting between Attorney to the Town, Al Roberts, Engineer to the Town Jay Paggi, Graham Foster, Mr. Eastwood of Central Hudson, Ralph Holt, and Supervisor Smith. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Mr. & Mrs. William Hoth of 49 Martin Drive regarding a problem he and a neighbor have had with a drainage ditch that runs along the backs of both properties. In the ten years he has lived in the house, there has not been any maintenance work done to the drainage ditch. When the homes on Martin Drive were built, an easement of 20 feet was given for the purpose of drainage. The easement was never deeded to the Town. If the Town would correct the problem, he would deed to the Town, the right to enter his property to maintain adequate water surface water drainage. Graham Foster, Highway Superintendent informed the Board that he inspected the area, and there is no easement and no recording of an easement. There is no easement recorded on the filed map. He told Mr. Hoth there was nothing he could do. He explained to Mr. Hoth what steps he could take to correct the problem. COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith to send a letter to Mr. & Mrs. Hoth informing them that there is no easement and the Town is not responsible. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Diane Rainey, Director of Continental Cablevision, informing the Board that customers will begin receiving, later this month a minor adjustment due to an increase in the FCC fee. The fee will increase from $0.04 to $0.05, and will continue at this level for the next seven months until the FCC determines the next fee amount and schedule. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Mike Tremper of CAMO Pollution. Some time ago it was determined that the property at 67 Myers Corners Road (Schnorr) was in both the Town's Water and Sewer Districts. The installation of the hookups to the property is the Town's responsibility. After discussing this matter with the DCDPW, it was determined that the construction of both the M 022497.RGM sewer and water hookups must be submitted. He is requesting that the Town Engineer be authorized to draw up the plan for submission to the DCDPW. COUNCILWOMAN VISCONTI moved to authorize Engineer to the Town Jay Paggi to draw up the plan for submission to the DCDPW as requested by Mike Tremper, of CAMO Pollution. Seconded by Mr. Valdati Motion Unanimously Carried An invitation to attend the Opening Day ceremonies from Karl J. Balone, Manager of the Town of Wappinger Little League Softball. Opening Day is scheduled for April 19th, with a rain date of April 26th. It is understood that the Town makes the arrangements for Sloper Willen to be in attendance on Opening Day. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Emanuel Saris, Attorney, submitted correspondence regarding the Town of Wappinger v. Marshfield Enterprises, Inc. Mr. Saris was contacted by Paul Haynes, Attorney, with respect to the above referenced tax certiorari matter. He has now offered a reduction to $500K from $855K. His client also seeks a concomitant refund for the two years at issue. You will recall that previous negotiations, conferences and workshops rendered offers of reduction to $350K and almost inexplicably to $250K. COUNCILMAN VALDATI moved to take to an Executive Session workshop with Mr. Saris in attendance. Seconded by Mrs. Visconti Motion Unanimously Carried Matthew D. Rudikoff, President of MDRA, submitted a copy of his 1997 Rate Schedule, however, they will apply 1996 Rate Schedule to current work projects with the Town of Wappinger. Also submitted was a State Environmental Quality Review status for Tri -Municipal Sewer Commission Negative Declaration Determination of Non -Significance. COUNCILWOMAN VISCONTI moved to accept the 1997 Rate Schedule from MDRA, and the SEQR status for Tri Municipal Sewer Commission Negative Declaration Determination of Non -Significance, and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried H 022497.RGM Leo Lowney, Village Clerk for the Village of Wappingers requests permission for the use of three (3) Voting Machines for their upcoming elections to be held on March 18, 1997. COUNCILMAN VALDATI moved to approve the request of Leo Lowney for the use of 3 Voting Machines for the Village Elections to be held on March 18, 1997. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Lowney also informed the Board that Mesier Homestead, which is located in Ward 1 District 1 would no longer be available for General Primaries and Elections, and indicated the Town could use instead, the American Legion Hall. Mr. Lowney informed the Board that the Village has a long term lease on the American Legion Hall, which located on 7 Spring Street, and have the authority for its use as a polling facility. COUNCILMAN VALDATI moved to designate the American Legion Hall, 7 Spring Street as a polling location for Ward 1 District 1. Seconded by Mrs. Visconti Motion Unanimously Carried Notice of intent to renew liquor licenses were received from Shadowbrook, Inc., Chelsea Road, Chelsea NY, and Frank Nola d/b/a The Inn at Osborne Hill, 150 Osborne Hill Road. Notice of intent to apply for a liquor license was also received from Frank Marino FFP Inc., Home Town Buffet, 1271 Route 9 Wappingers Falls. COUNCILWOMAN VISCONTI moved to accept the notices of intent to renew liquor licenses from Shadowbrook, Inc., Chelsea, Frank Nola, Inn at Osborne Hill, and intent to apply for a liquor license from Frank Marinaro for Hometown Buffet, and place them on file, without comment. Seconded by Mr. Bettina Motion Unanimously Carried Two pieces of correspondence from Dan O'Connor, P.E with the Dutchess County Department of Health. The first concerns the Hindu Samaj Sewer Main Extension on Brown Road. Mr. O'Connor advised the Board that the Certificate of Construction Compliance, dated January 21, 1997 was received from Engineer to the Town, Jay Paggi which was approved on April 24, 1994. Based on this, a Permit -to -Operate is hereby issued under Article 19 of the Dutchess County Sanitary Code. Engineer to the Town Jay Paggi informed the Board that he has not accepted the Sewer Lateral constructed on Hindu Samaj. They see infiltration coming down from their newly constructed �1 022497.RGM Sewer Lateral from the church to the street. They plugged it off and informed Hindu Samaj, until they fix it we will not hook them up. The second item concerns the Oak Ridge Subdivision Sewer and Water Main Extensions. A Certificate of Construction Compliance dated January 17, 1997 was received from Engineer to the Town Jay Paggi which was approved on December 31, 1996. A Completed Works Approval is hereby issued under Section 5-1.22(d) Part 5 of the N.Y.S. Sanitary Code for the sewer main extension. COUNCILWOMAN VISCONTI moved to accept the correspondence from Mr. O'Connor regarding Hindu Samaj and the Oak Ridge Subdivision Sewer & Main Extensions and place them on file. Seconded by Mr. Ruggiero Motion Unanimously Carried A memo from Mike Tremper, CAMO Pollution Control, on the Lead & Copper Monitoring of Rockingham Farms Section, CWWIA. The Rockingham Farms Section of CWWIA found a higher than acceptable amount of samples above the new standards. The New York State Health Department required that the Town provide a public notification to the residents of the Rockingham Farms section, and the Town Engineer provided a study for chemical addition to help form a percipient over the pipes to prevent the leaching out of lead and copper. Within the time frames and guidelines of the Health Department, the Town Engineer study was approved and the chemical addition was implemented within the CWWIA budget and began in March 1995. The Health Department guidelines and standards call for another round of sampling a minimum of six months after chemical addition has begun. In the 4th quarter of 1996 CAMO Pollution Control, Inc., collected a round of lead and copper samples from the Rockingham Farms section of CWWIA. Per protocol, 20 samples are collected from 20 homes; three lead samples and four copper samples were above the limit. Of the 1993 initial samples, 7 were over on lead and 7 were over on copper. Despite the improvement, to be acceptable per the Part 5 Drinking Code, only 2 out of 20 are allowed over the limit. At this time, CAMO is going to increase the chemical addition, allow for the time to take effect, and collect additional samples. CAMO has discussed this matter with the DC Health Department, and they are very satisfied with this approach to resolving the lead and copper problem. Their only request is that until the chemical addition has had enough time to coat the pipes, that we have another notification. D 022497.RGM COUNCILWOMAN VISCONTI moved to accept Mr. Tremper's memo, and place it on file, with the understanding that CAMO notify the residents, as requested by the DC Health Department. Seconded by Mr. Valdati Motion Unanimously Carried Several requests from Graham Foster, Highway Superintendent for the Boards Consideration. The first concerns a 1996 bill from Poughkeepsie Asphalt. Highway recently received their final bill from Poughkeepsie Asphalt for the year ending 1996. They had an open purchase order #307 for over $1,000 and anticipated a final bill for less than that amount. Due to a computer problem, Poughkeepsie Asphalt neglected to bill the Town for paving that was done on Brown Road in November. There were several open purchase orders in the Fall for paving, and more than enough to cover Brown Road. Since we were not billed ,we closed out all our purchase orders in December, except for #307. Mr. Foster is requesting that this bill of $5,820.65 to Poughkeepsie Asphalt be paid out of their 1997 budget. COUNCILMAN VALDATI moved to authorize payment of $5,820.65 payable to Poughkeepsie Asphalt from the 1997 budget. Seconded by Mrs. Visconti Motion Unanimously Carried The second request from Mr. Foster is for permission to go out to bid for two new trucks to replace Truck #16 and Truck #1. Truck #16 is a 1981 Chevrolet with approximately 150K miles on it with a cracked block between cylinders 1 and 2. Truck #1 is a 1967 Chevrolet in very poor condition. COUNCILMAN RUGGIERO moved to authorize Mr. Foster to go out to bid for two new trucks to replace Truck #16 and Truck #1. Seconded by Mrs. Visconti Motion Unanimously Carried The third item Mr. Foster wished to be discussed with the Board is the Bulk Recycling Pickup. Over the years we have continued to provide this service with a tremendous drain on Highway resources. Mr. Foster wished to go over an alternative with the Town Board for their consideration. COUNCILWOMAN VISCONTI moved to take this to the March 10th workshop for further discussion. Seconded by Mr. Bettina Motion Unanimously Carried The last item Mr. Foster wished to discuss with the Town Board concerns complaints from several residents on Easter Road/Circle Drive. The first 7 022497.RGM complaint involves private property owned by Mr. James Botch, which is not in our jurisdiction. Mr. Bosch stated recent grading of his neighbor's property was causing him problems. Mr. Foster recommended Mr. Bosch contact Mr. Close, Zoning Inspector to see if Town regulations regarding grading permits were followed. The second complaint concerns Mr. & Mrs. Morris. Their property has a negative grade from the west side of Circle Drive which causes road water to drain toward their home. In the Spring I agreed to catch the water with swales and berms to prevent water from draining down their driveway. Mrs. Chudkosky who lives on the south side of Circle Drive is experiencing a similar complaint which causes water to drain on her property, and I agreed to install a series of berms and swales to prevent this in the Spring. I also had a complaint from Mr. Campbell. His complaint also involved private property on the Bosch right of way to Easter Road, which is not within our jurisdiction. SUPERVISOR SMITH informed the Board that she would contact Mr. Campbell and inform him that his property is not within our jurisdiction. COUNCILWOMAN VISCONTI moved to accept Mr. Fosters reports and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried Next is a copy, along with five additional cover pages of the proposed Grant Award between the Division of Criminal Justice Services and the Town of Wappinger. COUNCILMAN VALDATI moved to authorize the Supervisor to accept the funds. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is a contract from Salvatore T. Pennini, of Public Finance Associates, Inc. Mr. Pennini provides financial advisory services to the Town of Wappinger. COUNCILWOMAN VISCONTI moved to accept the contract from Mr. Pennini and authorize the Supervisor to sign. Seconded by Mr. Valdati Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first A report concerns the Property Survey for the Dean Property. Mr. Paggi submitted a copy of the survey map and description for the parcel of land that 022497.RGM the Town is purchasing known as the Dean property located on Old Route 9 in the Town of Wappinger. COUNCILWOMAN VISCONTI moved to accept and place on file. Take to Executive Session after meeting, with Attorney to the Town, Al Roberts, in attendance. Seconded by Mr. Valdati Motion Unanimously Carried The second report concerns the Rockingham Drainage Project. As per their correspondence of December 30, 1996, the New York State Emergency Management Office notified the Town that the Rockingham Storm Drainage Project was not eligible to receive funding under the Hazard Mitigation Grant Program. They did, however, suggest that he Town investigate possible funding availability under the recently enacted "1996 Clean Water/Clean Air Bond Act", also referred to as the Environmental Quality Bond Act (EQBA). When Mr. Paggi questioned Bill Nechamen of the NYSDEC if projects that are already under construction would be eligible for funding, he replied he did not know, but would raise the question with the Executive Board currently preparing the program. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Next is Mr. Paggi's weekly report as to the rock quantities excavated at the Rockingham Drainage Project. As of Friday, January 31, 1997, approximately 1,315 feet or 59% of the pipe had been installed by the Contractor, Cal -Mart. To this date approximately 3,454 cubic yards of rock has been excavated. This is equal to approximately 62% of the rock that was included in the base bid of the contract. (5,500 c.y.). COUNCILMAN VALDATI moved to accept Mr. Pages weekly report, and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Mr. Paggi's February 5, 1997 minutes on the Tri -Muni Sewer Commission meeting that he attended on Tuesday February 4, 1997. He also informed the Board that he would be attending a special meeting on February 18, 1997 to discuss the transfer of the contract from Mid -Hudson Pollution Control to ST Environmental Services. COUNCILWOMAN VISCONTI moved to accept Mr. Pages minutes on the Tri -Muni Sewer Commission Meeting that he attended and place them on 41 022497.RGM file, and also authorize Attorney to the Town Al Roberts to follow up on Dr. Kumar and report back to the Town Board. Seconded by Mr. Valdati Motion Unanimously Carried The final report received from Mr. Paggi concerns monthly rainfall data collected at Poughkeepsie, New York by the Northeast Regional Climate Center. This data is a copy of the years 1948 through and including 1996. This data can shed a lot of light on our sewage infiltration problems and flooding problems during the latter part of 1995 and all of 1996. COUNCILWOMAN VISCONTI moved to accept the rainfall data and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Several reports from Attorney to the Town, Al Roberts. First is the Draft Map Plan and Report for the proposed combined Wappinger Water Improvement Area. Prior to the review of the Report Mr. Roberts noted that on page 15, an estimated attorney's fee was included in the projects costs. Mr. Roberts was not contacted to prepare an estimate of his fees. He is not sure of the nature or extent of legal work that will be required. His only concern is that this particular project may require some litigation, either in the form of condemnation or challenges to the formation of the Improvement Area. Mr. Roberts wished the Board to be aware, that the fee was established with input from his firm and wish to review the nature and extent of services before the budget number is confirmed. COUNCILMAN VALDATI moved to accept the report and schedule for a workshop. Seconded by Mr. Bettina Motion Unanimously Carried The second report concerns the Tri -Municipal Phase 3A Professional Contracts. At the February 4, 1997 Tri -Municipal Board Meeting, the Commission awarded the Professional Contracts. The Town of Wappinger was to have an opportunity to comment on the Professional Contracts before the Commission awarded them. It is the opinion of Mr. Roberts that the Commission awarded the Contracts prematurely inasmuch as the Town of Wappinger has yet to adopt the Map Plan and Report, finalize the boundaries of the Improvement Area, completed SEQRA, or adopted a Public Interest Order authorizing the Improvement. Mr. Roberts is looking to the Board for direction as to how to proceed. 10 022497.RGM COUNCILMAN RUGGIERO moved to authorize Mr. Roberts send a letter to Commission, stating he feels that Professional Contracts were awarded prematurely. The Board to follow up with a workshop. Seconded by Mr. Bettina Motion Unanimously Carried Next is a response from Mr. Roberts to a recent request from Supervisor Smith for an opinion as to whether the Director of the Recreation Commission could also serve as a member of the Zoning Board of Appeals. The question is whether there is a conflict of interest or incompatibility between the two positions. Research indicates that no such conflict exits and that there is no incompatibility in the duties to be performed; further, there is no control of one position over the other. In similar situations, the Attorney General has rendered opinions finding that a member of the Town Board of Zoning Appeals can serve as the Commissioner of a Town Water District or as a Town Assessor (Opinions Attorney General 82-15 and 86-39). COUNCILWOMAN VISCONTI moved to accept Mr. Roberts opinion letter and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The final report from Mr. Roberts concerns the Agreement between the Town of Wappinger and Dutchess County Waste Water Authority. COUNCILMAN VALDATI moved to take this to a workshop for further discussion. Seconded by Mr. Bettina Motion Unanimously Carried Next is to accept Engineer to the Town, Jay Paggi's Draft Map, Plan, and Report on Proposed Combined Wappinger Water Improvement Area. COUNCILMAN VALDATI moved to accept the Mr. Paggi's Draft Map, Plan and Report on the Proposed Combined Wappinger Water Improvement Area for discussion purposes. Seconded by Mrs. Visconti Motion Unanimously Carried Next is to accept Engineer to the Town, Jay Paggi's Interim Map, Plan and Report for the Wappingers Sewer Transmission/Treatment Improvement Area Phase 3A. COUNCILM VALDATI moved to accept Mr. Paggi's interim Map, Plan, and Report for the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A and place it on file. 11 Seconded by Mr. Bettina 022497.RGM Motion Unanimously Carried Upon the recommendation of Graham Foster, Superintendent of Highways, the Wappinger Bid Report for 1997 was presented to the Town Board for their consideration. GASOLINE AGWAY PETROLEUM Per Gallon, Regular Unleaded .7930 87 octane RFG Per Gallon, Unleaded Plus .8198 89 octane RFG The Superintendent recommends the bid for Gasoline be awarded to Agway Petroleum Corp. FUEL OIL Per Gallon #2 Diesel Fuel BOTTINI .139 .139 The Superintendent recommends the bid for Fuel Oil and Diesel Fuel be awarded to Bottini. LIQUID CALCIUM Per Gallon JAMES REED MAGNESIUM CHLORIDE NY BITUMINOUS PROD. Per Gallon .82 The Superintendent recommends the bid for liquid calcium be awarded to James Reed and the bid for magnesium chloride be awarded to NY Bituminous Prod. BITUMINOUS CONCRETE POUGH ASPH PACKAGE PAVEMENT IA TOP 27.90 No Bid 1AC TOP 27.90 No Bid lA Binder 27.00 No Bid 2A Binder 27.00 No Bid lA Base 27.00 No Bid Cold Mix No Bid 38.50* *Due to the volatility of Asphalt prices, cold mix prices will vary base on the enclosed escalation cause. The Highway Superintendent recommends the bid for Bituminous Concrete be awarded to Poughkeepsie Asphalt and Cold Mix be awarded to Package Pavement. CRUSHED STONE The Highway Superintendent recommends the bid for crushed stone be awarded to Blacktop Maintenance Corp. with Corbin as backup. 12 rf 022497.RGM RUN OF BANK GRAVEL The Highway Superintendent recommends the bid for run of bank gravel be awarded to Route 82 Sand and Gravel, with Corbin as backup. WASHED GRAVEL The Highway Superintendent recommends the bid for washed gravel be awarded to Route 82 Sand & Gravel with Clove as backup. ITEM 4 The Highway Superintendent recommends the bid for Item 4 be awarded to Clove. SNOW/ICE AGGREGATE The Highway Superintendent recommends the bid for snow/ice aggregate be awarded to Clove with Corbin as backup. TOP SOIL The Highway Superintendent recommends the bid for top soil be awarded to Corbin with BTM as backup. STANDARD HIGHWAY & TRAFFIC SIGNS STOP SIGNS E.S.P. CHEMUNG 30" 19.50 24.08 24" 17.00 18.44 The Highway Superintendent recommends the bid for stop signs be awarded to E.S.P. EXTRUDED ALUM. ST. SIGNS E.S.P. CHEMUNG 6 x 24 13.75 18.58 6 x 30 13.75 18.58 6 x 36 13.75 18.58 The Highway Superintendent recommends the bid for all extruded aluminum street signs be awarded to E.S.P. SQUARE OR DIAMOND REG. SINGS E.S.P. CHEMUNG 12 x 18 6.10 7.49 18 x 24 12.25 14.23 24 x 24 16.30 18.98 24 x 30 20.50 23.68 12 x 36 12.25 14.23 24 x 36 24.50 35.98 30 x 30 25.40 29.47 36 x 36 36.80 42.86 48 x 48 65.40 78.28 The Highway Superintendent recommends the for all square and diamond regulatory signs be awarded to E.S.P. 13 022497.RGM SIGN POSTS E.S.P. CHUMUNG 8'U Channel posts 21b. 5.97 6.24 4" U Channel starter posts 2 lb. 3.20 3.12 U Channel post caps 4.25 4.34 Extruded Cross pieces ( alum) 4.25 4.34 6' Delineators 1.2 lb. 2.69 3.17 The Highway Superintendent recommends the bid for posts and delineators be awarded to E.S.P. He also recommends the bid for 4' starter posts be awarded to Chemung. 1997 TOWN RECYCLING BULK PICKUP Only one bid was received and the Highway Superintendent recommends we award the bid the Royal Carting Service. (see below) PROPOSAL We the undersigned propose to furnish the Town of Wappinger a Town Clean-up bid as follows: 1. $78.50 per hour/truck and driver 24.10 per hour/laborer 2. 65.00 per ton 125.0 per pull 3. 0.00 per ton disposal 125.0 per pull 4. N/A 5. 75.00 per ton (passenger car tires) 125.0 per pull BIDDER: ROYAL CARTING ADDRESS: P.O. Box 1209 HOPEWELL JUNCTION, NY 12533-1209 BASINS E.S.P. VELLAN BROS. 24 x 24 150.00 No Bid 30" ------- it 36" 190.00 it 30 x 48 ID Concrete Basins it 24" ------- it 30" 200.00 " 36" ------- it 42" 225.00 it The Superintendent of Highway recommends the bid for Basins be awarded to E.S.P. MANHOLE LIDS E.S.P. VELLANO BROS 14 022497.RGM Solid 13/8" thick 24" 58.00 No Bid 25 3/ " 70.00 " 26" No Bid " The Superintendent of Highway recommends the bid for Manhole Lids be awarded to E.S.P. MANHOLE RISERS E.S.P. VELLANO BROS For 13/8" thick manholes 2" x 24" 49.00 No Bid 2" x 25 3/8 No Bid " 2" x 25 3/ 54.95 " The Superintendent recommends the bid for manhole risers be awarded to E.S.P. WATER VALVE BOX RISERS E.S.P. VELLANO BROS 6 x 1 No Bid No Bid 6 x 2 99" 6 x 3 " " 7 V2 x 1 5.50 No Bid 7 Y2 x 2 8.75 " 7Y2 x3 12.00 " The Superintendent of Highway recommends the bid for water valve box risers be awarded to E.S.P. GRATES AND FRAMES E.S.P. VELLANO BROS 24 x 24 GRATE with FRAMES 94.00 86.00 30 x 48 224.00 215.00 30 x 30 117.00 96.00 The Superintendent of Highway recommends the bid for grates and frames be awarded to Vellano Brothers. He also recommends E.S.P. be awarded the backup bid. CULVERT PIPE CORRUGATED METAL VELLANO BROS CHEMUNG E.S.P. 12" - 16 ga. 4.32 4.58 3.65 15" - 16 ga. 5.38 5.73 4.49 18" - 16 ga. 6.43 6.84 5.39 24" - 14 ga 9.94 10.58 8.50 30" - 14 ga. 12.38 13.18 10.70 36" - 12 ga. 20.15 21.44 17.90 48" - 12 ga. 26.74 24.97 23.50 60" - 10 ga. 40.65 43.28 37.00 6" per£ 1.97 2.13 1.69 8" per£ 3.12 3.36 2.28 10" perf. 3.89 4.19 3.48 Bands Same as 1" of pipe Same as 1" Same as 1" 15 022497.RGM A.D.S. REG 12" 2.30 2.619 2.5001 15" 3.32 3.979 3.8001 18" 5.11 5.989 5.7101 24" 8.37 9.579 9.1301 A.D.S. N12 12" 2.76 2.879 2.75001 15" 3.52 3.879 3.70001 18" 5.51 5.919 5.65001 24" 8.37 9.069 8.65001 30" 13.68 14.449 13.84001 36" 17.35 18.098 17.25001 CORRUGATED METAL The Superintendent of Highway recommends the bid for corrugated metal be awarded to E.S.P with Vellano Bros. As backup. Chemung would be backup for 36" - 12 ga. A.D.S. REG The Superintendent of Highway recommends the bid for A.D.S Reg. Be awarded to Vellano Bros. With E.S.P. as backup A.D.S. N12 The Superintendent of Highway recommends the bid for A.D.S. N12 be awarded to E.S.P. for 12' and 36' and to Vellano Bros. For 15", 18", 24" and 30" with each other as backup. COUNCILMAN BETTINA moved to award the Bids as recommended by the Highway Superintendent, Graham Foster. Seconded by Ruggiero Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI on Highway. Reported that residents are still bringing Christmas trees to the recycling center. There is a great resource of mulch if anyone wishes to pick some up. COUNCILWOMAN VISCONTI had no reports at this time. COUNCILMAN BETTINA gave a short report on the Association of Towns meeting that he attended, and informed the Town Board that all the Resolutions were approved. 16 022497.RGM At this time SUPERVISOR SMITH announced that Dawn Idema, passed the Civil Service test for Assessors Aid. She was provisional, and we can now appoint her permanently. COUNCILMAN VALDATI moved to appoint Dawn Idema, to the permanent position of Assessors Aid Seconded by Mr. Ruggiero Motion Unanimously Carried SUPERVISOR SMITH reported she received the proposed CHIPS allocation. It's only a proposal, we don't know what we are going to get at this point. BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of January on the Subdivisions, the amounts, expiration dates, and call up dates. COUNCILWOMAN VISCONTI moved to accept Mr. Close's report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS The introduction of a proposed Local Law on O & M rates for the Fleetwood Water District was placed before the Board. Supervisor Smith informed the Board that she would like to set a Special Meeting on March 10, 1997 at 7:25 P.M to set a Public Hearing. COUNCILWOMAN VISCONTI moved to introduce the following Local Law for the increase of rates for the Fleetwood Water District. LOCAL LAW NO.—OF THE YEAR 1997 AMENDING LOCAL LAW NO. 2 OF THE YEAR 1985 LOCAL LAW NO. 5 OF THE YEAR 1988, AND LOCAL LAW 4 OF THE YEAR 1994, WITH RESPECT TO THE FLEETWOOD WATER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, as follows: Section 1. Section 1 of the Local Law No. 4 of the year 1994 is to be amended as set forth herein below: The owner shall be obligated to pay the minimum charge of $48.40 each quarter, and regardless of consumption of water for said quarter, provided said owner is connected to the system at any time during the quarter. In excess of 14,143 gallons, consumption is billable at the rate of $2.50 per 1,000 gallons. Section 2. All other provisions of Local Law 4 of the year 1994 are hereby ratified with respect to water rates and the prior laws otherwise confirmed. 17 022497.RGM Section 3. This Local Law shall take effect upon adoption and as provided by Municipal Home Rule Law. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI moved to introduce the following Local Law amending the Senior Citizens Exemption. LOCAL LAW OF 1997 TOWN OF WAPPINGER This Local Law amends the provisions of the following local laws providing for partial exemptions of real property owned by certain persons with limited income who are 65 years of age or older by implementing the provisions of Chapter 991 of the Laws of 1983, Chapter 756 of the Laws of 1986, Chapter 471 of the Laws of 1990, Chapter 166 of the Laws of 1992, chapter 261 of the Laws of 1994, and Chapter 139 of the Laws of 1996: Local Law No. 1 of 1967 Local Law No. 5 of 1977 Local Law No. 2 of 1980 Local Law No. 6 of 1980 Local Law No. 7 of 1982 Local Law No. 8 of 1983 Local Law No. 4 of 1986 Section 2(b) of Local Law No. 4 of 1986 Local Law No. 3 of 1991 Local Law No. 11 of 1992 Local Law No. 2 of 1995 BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, as follows: SECTION 1: Section 2(b) of Local Law No. 1 of 1967, as amended by Section 2 of Local Law No. 5 of 1977, Local Law No. 2 of 1980, Local Law No. 8 of 1983, and Section 2(b) of Local Law No. 4 of 1986, Local Law No. 3 of 1991, Local Law No. 11 of 1992, and Local Law No. 2 of 1995 is further amended to read as follows: Section 2(b): In order to be eligible for a 50% tax exemption, the income of the owner or the combined income of the owners of the property shall not and may not exceed the sum of Eighteen Thousand Five Hundred ($18,500.00) Dollars for the income tax year immediately preceding the date of making the application for exemption. The income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the preceding calendar year. 022497.RGM Where title is vested in either the husband or the wife, their combined income may not exceed such income. Such income shall include social security and retirements benefits, interest, dividends, net rental income, salary or earnings, and the net income from self-employment, but shall not include a return of capital gifts or inheritances. Rental income and self- employment shall not be reduced by an allowance for depreciation. SECTION 2: Section 20 of Local Law No. 8 of 1983, Local Law No. 4 of 1986, Local Law No. 3 of 1991, Local Law No. 11 of 1992, and Local Law No. 2 of 1995 is hereby amended as follows: Section 20: If the income of an eligible property owner or the combined income of the owners of the property exceeds the sum of $18,500 for the income tax year immediately preceding the date of making the application for tax exemption and is not greater than $26,899.99, said owner shall be entitled to a partial exemption as follows: INCOME NET EXCEEDING EXEMPTION $ 0 - 18, 500.00 50% 18,500.00- 19,499.99 19,500.00- 20,499.99 20,500.00- 21,499.99 21,500.00- 22,399.99 22,400.00- 23,299.99 23,300.00- 24,199.99 24,200.00- 25,099.99 25,100.00- 26,000.00- 25,999.99 45% 40% 35% 30% 25% 20% 15% 10% 5% Section 3: This Local Law shall take effect immediately upon filing as provided by Municipal Home Rule and shall be applied retroactively from January 1, 1997. The following resolution was moved by COUNCILMAN VALDATI and seconded by Mr. Bettina. WHEREAS, The Town Board granted a real property tax exemption to the extent of 50% of the assessed valuation of real property owned by persons over the age of sixty-five years whose combined annual income does not exceed the sum of $17,500 in enacting Local Law #2 of 1995 pursuant to enabling legislation of Chapter 261 of the Laws of 1994; and WHEREAS, Chapter 261 of the Laws of 1994 has been amended by Chapter 139 of the Laws of 1996 to provide for a higher maximum income eligibility level and certain additional partial exemptions; and 19 022497.RGM WHEREAS, this is a Type II Action pursuant to NYCRR Part 617.50(20), and is exempt from SEQRA review. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law of the Year 1997 in the form annexed hereto. 2. The Town Board has reviewed the intended action with respect to NYCRR Part 617, and hereby determines that the intended action requires no determination of impact on the environment. BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #_ of the Year 1997 to be held at the Town Hall on the 24th day of March, 1997, at 6:50 o'clock in the afternoon and that the Town Clerk is directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor voting Aye June Visconti, Councilwoman voting Aye Robert Valdati, Councilman voting Aye Vincent Bettina, Councilman voting Aye Joseph Ruggiero, Councilman voting Aye The Resolution is hereby duly declared adopted. i Next is to introduce the Local Law increasing maximum exemptions allowable to Veterans. COUNCILMAN RUGGIERO moved to introduce the following Local Law, seconded by Mr. Bettina. LOCAL LAW OF 1997 TOWN OF WAPPINGER A Local Law to increase the maximum tax exemptions allowable to Veterans under New York State Property Tax Law 458-a(2)(a), (2)(b), and (2)©. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: This Local Law shall be know and cited as Town of Wappinger Local Law No. of 1997 increasing the maximum tax exemptions allowable to Veterans by New York State Real Property Tax Law 458-a(2)(a), (2)(b), and (2)©. Section 2: Legislative Intent. This Local Law provides that the maximum tax exemptions allowable to Veterans by New York State Real N11 022497.RGM Property Tax Law 458-a(2)(a), (2)(b), and (2)0 shall be increased, since it is in the best interests of the Town and its residents to increase such exemptions. Section 3: Definitions. All terms used herein are consistent with definitions set forth in New York State Real Property Tax Law 458-a(1). Section 4: Pursuant to the authority set forth in New York State Real Property Tax Law 458-a(2)(d)(ii), the maximum tax exemptions allowable to Veterans shall be increased as follows: a. the exemption for qualifying residential real property shall not exceed $18,000.00, or the product of $18,000.00 multiplied by the latest state equalization rate for the Town of Wappinger, whichever is less (the latest equalization rate is Seventy One (71%) Percent; 71% multiplied by $18,000.00 is equal to $12,780.00; and b. in addition to the exemption provided in paragraph (a) of this section, where the Veteran served in a combat theater or combat zone of operations, as documented by the award of the United States Campaign Ribbon or Service Medal, the additional exemption for qualifying residential real property shall not exceed $12,000.00, or the product of $12,000.00 multiplied by the latest state equalization rate for the Town of Wappinger, whichever is less (the latest equalization rate is Seventy One (71%) Percent; 71% multiplied by $12,000.00 is equal to $8,520.00; and c. in addition to the exemptions provided in paragraphs (a) and (b) of this section where the Veteran received a compensation rating from the United States Veterans Administration or from the United States Department of Defense because of service connected disability, the additional exemption for qualified residential real property shall not exceed $60,000.00, or the product of $60,000.00 multiplied by the latest state equalization rate, whichever is less (the latest equalization rate is Seventy One (71%) Percent; 71% multiplied by $60,000.00 is equal to $42,600.00). Section 5: This Local Law shall take effect immediately upon adoption and filing as provided by the Municipal Home Rule Law and shall be applied retroactively from January 1, 1997. The following resolution was moved by COUNCILMAN RUGGIERO and seconded by Mr. Bettina. WHEREAS, New York State Real Property Tax law 458-a(2)(a), (2)(b), and (2)0 allows partial tax exemptions to Veterans owning qualified residential real property; and 21 022497.RGM WHEREAS, Chapter 477 of the Law of 1996 authorizes each Town to adopt a Local Law to increase the maximum exemptions; and WHEREAS, this is a Type II Action pursuant to NYCRR Part 617.5©(20), and is exempt from SEQRA review. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law #_ of the Year 1997 in the form annexed hereto. 2. The Town Board has reviewed the intended action with respect to NYCRR Part 617, and hereby determines that the intended action requires no determination of impact on the environment. V0 BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of the Year 1997 to be held at the Town Hall on the 24th day of March, 1997 at 6:55 o'clock in the afternoon and that the Town Clerk is directed to post and publish notice of the Public Hearing in form annexed hereto. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor voting Aye June Visconti, Councilwoman voting Aye Robert Valdati, Councilman voting Aye Vincent Bettina, Councilman voting Aye Joseph Ruggiero, Councilman voting Aye The Resolution is hereby duly declared adopted. The following Resolution was moved by COUNCILWOMAN VISCONTI as drafted, and seconded by Mr. Valdati WHEREAS, Barnside Construction Corp. (hereinafter "Barnside"), 114 Old Route 9, Fishkill, New York 12524, has submitted an application requesting that a 2.076 acre portion of property that it owns, containing in all approximately 33.9 acres, and located on the south side of New York State Route 376, approximately 800 feet east of Myers Corners Road in the Town of Wappinger, Dutchess County, said parcel being identified as tax grid number 6358-03-414490, be rezoned from R-40 1 Family Residence (R-40) to Highway Business (HB); and WHEREAS, the aforementioned 2.076 acre parcel is vacant and undeveloped; and WHEREAS, the application for rezoning is made so as to accommodate a proposal for a metered concrete truck operation; and 22 022497.RGM WHEREAS, the proposed structure will resemble a barn and will house sand and stone aggregate materials as well as concrete truck which can meter small quantities of concrete; and WHEREAS, the cement incident to the proposed business will be stored in a silo attached at the back of the building so that there will be no outdoor storage of materials; and WHEREAS, the balance of the 33.9 acres of property will remain zoned R-40 and will be developed and used by the Applicant as a one -family residence; and WHEREAS, the majority of the remaining 31.8 acres of property is in the flood -plain of Sprout Creek; and WHEREAS, the Town Board has requested an advisory opinion from the Town of Wappinger Planning Board prior to formally considering the proposed rezoning as requested by Applicant. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines that it is in the public interest to formally consider the application of Barnside to rezone a 2.076 acre portion of a parcel of land, identified as tax grid number 6358- 03-414490, from R-40 1 Family Residence (R-40) to Highway Business (HB) pursuant to the application previously submitted. 2. The Town Board hereby determines that the application to rezone the subject property from R-40 to HB is made in connection with a proposal to operate a custom concrete business thereon and to utilize the remaining 31.8 acres as the Applicant's residence. 3. The Town Board hereby further determines that the Town of Wappinger Planning Board will be required to grant site plan approval and subdivision approval in conjunction with this Application, and that the Town of Wappinger Planning Board is, accordingly, an interested agency pursuant to Article 8 ECL and the related Title 6 Part 617-NYCRR, and Local Law No. 6 of 1992 of the Town of Wappinger. 4. The Town Board hereby further determines, PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6, PART 617- NYCRR that the following are involved agencies: a. The Town of Wappinger Planning Board b. Dutchess County Department of Health c. New York State Department of Transportation d. New York State Department of Environmental Conservation 23 022497.RGM 5. The Town Board hereby further determines that he proposal to rezone the 2.076 acre parcel is a Type 1 Action pursuant to Town of Wappinger Local Law No. 6 of 1992 and pursuant to Article 8 ECL and the related Title 6 Part 617-NYCRR, and, as such, is an action in which there are other involved agencies. 6. The Town Board hereby further determines that pursuant to Article 8 ECL and the related Title 6 Part 617-NYCRR that the subject action requires a mandated coordinated review by all involved agencies. 7. The Town Board hereby further directs the Town Clerk, with assistance from Zoning Administrator, to forward a copy of this resolution, and the annexed application to all involved agencies, as above noted for the purposes of establishing a LEAD AGENCY to coordinate the SEQRA review: the Town Board indicates its preference that the Town of Wappinger Planning Board assume LEAD AGENCY in this matter, however, in the event said planning Board fails or refuses to act as LEAD AGENCY, the Town Board Hereby indicates its preference to assume LEAD AGENCY. 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 Vincent Bettina, Councilman voting Aye Joseph Ruggiero, Councilman voting Aye Robert Valdati, Councilman voting Aye June Visconti, Councilwoman voting Aye The Resolution is hereby duly declared adopted. UNFINISHED BUSINESS Gerald diPierno has been appointed Recreation Director and he has indicated that he would like to join the NYS Retirements System. Since he is salaried and part time, the Town Board has to determine the number of hours that constitute a standard day for this position so that the correct number of days can be reported for his retirement. He has no set hours and the job requires more hours at certain times of the year. He does attend the monthly recreation meeting. COUNCILWOMAN VISCONTI moved to amend the January 27, 1997 Resolution of the appointment of Gerry diPierno by setting his salary at $8,156, and authorize the Supervisor to calculate a formula that would constitute a standard day for purposes of reporting for his retirement. RXI Seconded by Mr. Valdati 022497.RGM Motion Unanimously Carried COUNCILWOMAN VISCONTI moved to authorize the Supervisor to use this same formula calculating for part timers. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI on Wheeler Hill Road. The top of the hill has a very dangerous narrow crest with a diminished site distance, do the Engineer or Highway Superintendent have any plans to remove this serious problem. Mr. Foster, Highway Superintendent said he had spoken to the Engineer to the Town, Jay Paggi to prepare a plan to give to Mark Kelly, the CEO of Greystone. He would present the plan to his associates and show them what we have proposed for that area. Mr. Foster went on to explain exactly what would have to be done. COUNCILMAN VALDATI moved to authorize Engineer to the Town Jay Paggi, prepare a plan for Wheeler Hill Road to submit to the Greystone Board to review. Seconded by Mr. Ruggiero Motion Unanimously Carried Engineer to the Town, Jay Paggi, informed the Board, just for the record, this plan is as per Mr. Fosters request. It is not an overall road improvement. Mr. Foster informed the Board, that we may also need a written easement from Greystone. COUNCILMAN RUGGIERO regarding the pedestrian easement that exist between Roberts Road and Norman Court. He would like to establish a policy to have it cleared. Also April 19, 1997 the Chamber of Commerce has volunteered to clean up the Highway on Myers Corners Road, and Supervisor Smith volunteered Mr. Ruggiero for the Towns portion. COUNCILMAN BETTINA received an anonymous call that someone has been dumping off between Lawrence Farms and Greenfly Swamp. He is concerned that there may be hazard waste being dumped on the site. Supervisor Smith said she has sent the Zoning Administrator out there to inspect the site. He will report back at a workshop session. COUNCILMAN VISCONTI regarding the flow into Tri -Muni. Supervisor Smith informed her it would be in March. Also did we ever refund the money to Claudio Gilberti. Mrs. Smith said no, it was refunded to North American Utilities. NEW BUSINESS 25 022497.RGM COUNCILMAN VALDATI had a question; Across the street from Greenbaums & Gillhooley's, there is a lot being used for parking by one of the dealerships on that strip. He is not certain if that is in their site plan to be used as a permanent feature of their operations. He would like that researched. Supervisor Smith said she would have it researched by the Zoning Administrator. COUNCILMAN VALDATI also indicated that we include all Department Heads be in attendance at all the Town Board Meetings. Supervisor Smith said she would send out a Memo to all the Department Heads. At this time, Graham Foster Highway Superintendent notified the Town Board, just in case anyone questions what is being done in the Deer Run Vondran area. We have a drainage easement that goes from Deer Run to Vondran and from Vondran down to VonHagen farm. This is one of our major sewer lines and has not been maintained in 30 years. We have had some infiltration of roots into the system. We are cleaning out the area to give CAMO access to the area. At this time, 9:40 COUNCILWOMAN VISCONTI moved to go into Executive Session, seconded by Mr. Bettina. Motion Unanimously Carried The meeting reconvened at 10:00 P.M. with all Board Members present. There was no action to be taken at the Executive Session. COUNCILWOMAN VISCONTI moved to close the Town Board Meeting, Seconded by Mr. Bettina and Unanimously Carried. The Meeting closed at 10:00 P.M. 26 Elaine H. Snowden Town Clerk