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1997-01-27 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JANUARY 27, 1997 7:30 p.m. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes Reg. Dec. 23, 1996 Reoranizational Jan. 2, 1997 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Receiver of Taxes Bldg. Insp. Zng. Adm. Highway Supt. (Dec.18-96) Dog Control Off 5. PETITIONS & COMMUNICATIONS j - k. 1. Correspondence from Association ofTowns-Resolutions for Annual meets Corr. from NYS Emergency Management Office Re: Application for HMGP for Rockingham Farms Storm Drainage System Dutchess Co. Dept. of Health re: Oak Ridge Subdiv. Water & Sewer Main Extension T. Logan, Assessor request permission to attend Seminar by NYSAA at Mt. Kisco Request for the return of Escrow Funds from John Baisley, Candle- light Landscaping -$852.50 Mr. & Mrs. Reynoso, Pine Ridge Dr. re: Town Water being drained on to their property NYS Dept. Transportation, A. Bauman, Reg. Dir. Corr. to Senator Saland & Assembyman Miller re: T/W concers w/Traffic conditions on Rte 9D in vincinty of Montclair Town Houses T. Logan, Assessor, Corr. re: Alternative Veterans Law and Senior Citizen Exemption increase for Bd consideration G. Foster, Highway Supt., (1) recommendations for awarding Bids for disposal of excess Highway equip. (2) Corr. re: LaDue Property on Smithtown Rd. (3) Meeting w/Johnston Sweeper (4) Easement at 3 Edgehill Dr. (5) Report on Village Sand/Salt usage & inventory (6)Authorize Supt. to go to Bid for Rd. Aggregates, fuel Oil, Etc. Louis D'Antoni, Diddell Rd., Complaint re: Tunnel R. Holt, Rec. Comm.Ch. reports & requests: (1) Electric l Castle Pt�. (2) Recreation Committee Stipend Policy (3) Increase Summer program fees (4) Request approval for Certificates of Insurance to forward to respective Schools (5) Request approval for P.O. for Chelsea Bodt Ramp for $6,000. (6) Request for P.O. approval for WCSD Custodial services at Myers Corners Elementery School J. Paggi, Eng. to Twn., Reports on: (1) Evergreen Estates to Mr. Close (2) Environmental Assessment form Tri -Muni Sewer Commission Wastewater Treatment Plant Expansion for the T/W Phase 3A Sewer Imp. 1/7/97 (3) Tri -Muni Expansion Phase I & II -1/15/97 (4) Rockingham Drainage Project 1/2/97, 1/7/97 (5) Rockingham Drainage Project Rock Quantities 1/1.0/97 (6) Edgehill Drive Drainage Concerns (7) Property South of Schuele Drive Term Expires for Victor Fanuele, Zoning Bd. of Appeals member-5yr tett D. Close, Zng. Adm. Memo re: Suggestion for amendment to verbage for, Special Use Permits for Gas Filling Stations, Etc. Application for a Change of Zone for one lot (2.076A) out of a 33.9A Parcel from R-40 to HB from Barnside Construction Corp. Curtis Rymer letter requesting Town to accept Extension of Woodlawn Court as a Town Rd. Sheriff Scoralick letter addressed to Town Court Accident Report on Highway Employee NYSDEC re: Notice of Permit Discontinuance for Oakwood STP Paul V. Cuomo, P.E. re: Jimmy Smith, Macfarlane Rd., wants to build dwelling in HO Zone where residences are not allowed Mary Efantes re: School Sign on Pye Lane for daughters pre-school Memorandum from Matthew Rudifkoff re: Revsions to the TMSC Phase 1 3A Expansion EAF of Dec. 27, '96 I I 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT a. Zng. Adm. Report b. Curtis Rymer Maintenance Bond (Letter of Credit) AGENDA - Con't TOWN BOARD - TOWN OF WAPPINGER j Jan. 27, 19Q7 Page 2 8. RESOLUTIONS a. Vacancy in position of Director of Recreation b. Agreement w/ Village of Wappingers Falls on Dog Control Officer c. D. Hagstrom, Attny, re: Authorizing settlement for Hark Assoc. `w/ corr. from E. Saris, Towns' Council d. DEAN Prgperty/Estate of Seigel (1) Authorize Eng. to Town to prepare survey of property (2) Bonding Resolutions from Willkie, Farr & Gallagher e. Consider adoption of Local Law for Sewer & Water 0 & M Rates Rockingham Farms - Wapp. sewer Imp. #1 & Fleetwood Water f. Application for Atlas Water District Extension - Cedar Ridge Subdivision g. Dutchess Co. Dept. of Health re: Authorized operation of Hindu Sumaj water main extension h. Accept Frederick Clark Associates Consultant services Contract for Planning Board, and Authorize Supervisor to sign i. Accept Lehigh maintenance agreement for emergency services bldg J. McGrath, Basciani & Associates, Inc. Appraisal Report re: Partial Taking of Property of Hans Smit, Wheeler Hill Rd. T/W 9. UNFINISHED BUSINESS a. Cly Realty authorize Attorney to Town to respond b. Shady Acres Mobile Hope Park - Authorize Supervisor to reply c. Frederick Clark Associates - Draft Traffic Analysis consider acceptance !! 10. NEW BUSINESS 11. ADJOURNMENT �I I REMINDER: PUBLIC HEARINGS ON LOCAL LAWS FOR 0 & M RATES BEGIN AT 7:15 P.M. i r. II I' 012797.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on January 27, 1997 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 8:15 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Lo 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 December 23, 1996, and the Reorganization Meeting of January 2, 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. Bettina Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of December were received from the Town Justices, Building Inspector, Zoning Administrator, Superintendent/Comptroller, Highway Superintendent, Dec. 18, 1996, Animal Control Officer for Nov. and Dec. COUNCILMAN RUGGIERO moved to accept the reports and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried PETITIONS & COMMUNICATIONS Correspondence from the Association of Towns Resolutions for the Annual Meeting. COUNCILWOMAN VISCONTI moved to be in agreement of all the Resolutions as recommended by the Association of Towns and direct our delegate, to vote accordingly. �J 012797.RGM Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from the NYS Emergency Management Office, regarding the application for Rockingham Farms Storm Drainage System informing the Town, that based on the score given the application, the Project Review Board did not recommend that the application be forwarded to the Federal Emergency Management Agency for funding. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to make another application for the project and table to a workshop with Mr. Paggi in attendance with his figures. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from the Dutchess County Department of Health regarding the Oak Ridge Subdivision Water and Sewer Main Extension. The DCDH informed the Board that the plans, Engineer's report and specs submitted by Mr. John E. Railing for the project were approved. The water main extension is approved under Section 5-1.22 of Part 5 of the New York State Sanitary Code and the sewer main under Section 19.3 of the Dutchess County Sanitary Code. Also submitted were the twelve (12) conditions for approval. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Tom Logan, Assessor, requests permission to attend a Seminar by NYSAA at Mt. Kisco Holiday Inn on January 17, 1997. There will be no dollar cost to the Town for the attendance as the State will reimburse Mr. Logan for a course providing continuing education. COUNCILWOMAN VISCONTI moved to approve Mr. Logan's request to attend the NYSAA on January 17, 1997. Seconded by Mr. Bettina Motion Unanimously Carried Also requests from Mark Liebermann, Fire Inspector and Charles Ricotta, Building Inspector, for permission to attend an in service training course relating to MOBILE HOME AND MODULAR HOMES: THE CODE ENFORCEMENT OFFICIALS RESPONSIBILITY, on March 6, 1997, from 9AM to 4PM at the Rockland County Fire Training Center in Pomona. There is no cost for this course and will count as six hours training towards 2 012797.RGM the mandatory twenty four hours per year that is required by 19 NYCRR in order to retain Code Enforcement certification by the State of New York. COUNCILWOMAN VISCONTI moved to approve the requests of Mr. Liebermann and Mr. Ricotta to attend the in service training course on March 6, 1997. Seconded by Mr. Bettina Motion Unanimously Carried A request for the return of Escrow Funds was received from John Baisley, Candlelight Landscaping for $ 852.50. COUNCILWOMAN VISCONTI moved to approve the return of Escrow to John Baisley for $852.50, based on the recommendation of Donald Close, Zoning Administrator. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Mr. & Mrs. Reynoso, Pine Ridge Drive, informing the Town of their concerns of town water being drained onto their property. Mr. Foster, Highway Superintendent explained to the Board that he inspected the area and there is nothing he is going to do. Their property is adjacent to a swamp that goes all the way back to Park Hill Drive. They live in a low area that sits in the base of Pine Ridge Drive and everything runs down hill and sits in a wet land all the way to the Fishkill line over by Park Hill Drive. There is nothing we can do short of draining the swamp. COUNCILWOMAN VISCONTI moved to authorize Mr. Foster to send a letter to Mr. & Mrs. Reynoso explaining we are not planning to do anything. Seconded by Mr. Bettina Motion Unanimously Carried New York State Department of Transportation Regional Director, A. Bauman, with correspondence to Senator Saland & Assemblyman Miller regarding the Town of Wappinger concerns with traffic conditions on Route 9D in vicinity on Montclair Town Houses. Mr. Bauman said there were no warrants for the installation of the signal since there are adequate gaps currently occurring in Route 9D traffic to allow for the safe ingress and egress of motorists at the Montclair Townhouse drive. Second, the strict enforcement of the existing speed limit on Route 9D would alleviate most of the concerns of the residents of the Townhouses. Accordingly, the assistance of the Town in contacting the local police in order to establish routine enforcement would be appreciated. Mr. Valdati felt this is a dangerous situation that cannot be ignored. 3 012797.RGM COUNCILMAN VALDATI moved to take this to a workshop and invite Senator Saland, Assemblyman Miller, and members of the DOT to attend. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Tom Logan, Assessor regarding Alternative Veterans Law and Senior Citizen Exemption increase for the Boards consideration. Mr. Logan informed the Board that Legislation enacted by NYS amending Section 458-a RPTL Alternative Veterans Law provides three option for the Town Board to consider and adopt. The Town Board may do nothing and leave the original exemption limit as it currently exists or adopt a high limit. If the Town Board increase the limit from 12K to 18K the Veteran will have his exemption on the 1997 Town Roll increased to: Active Duty $12,800 Combat Area $8,530 VA Disability $8,530 The dollars cost to the Town due to increased exemption is estimated to be $44,000 should the higher limit of $18K be adopted. COUNCILMAN VALDATI moved to adopt the increased Veterans exemption limit to $18k as recommended by Mr. Logan, Town Assessor. Seconded by Mr. Ruggiero Motion Unanimously Carried The second item to be addressed is to raise the Senior Citizens Exemption from $16,500.00 to $18,500.00. $18,500.00 & Under 50% 18,500.01 - 19,499.99 45% 19,500.00 - 20,499.99 40% 20,500.00 - 21,499.99 35% 21,500.00 - 22,399.99 30% 22,400.00 - 23,299.99 25% 23, 300.00 - 24,199.99 20% 24,200.00 - 25,099.00 15% 25,100.00 - 25,999.99 10% 26,000.00 - 26,899.00 5% COUNCILWOMAN VISCONTI moved to authorize Attorney to the Town Al Roberts prepare a local law for the Senior Citizen Exemption and if needed prepare the necessary papers for the Veterans exemption. Seconded by Mr. Bettina Motion Unanimously Carried Next are several reports and requests from Graham Foster, Highway Superintendent. The first item for the Board consideration is to award the Bids for the disposal of excess Highway equipment. Mr. Foster I F� F- .3- 012797.RGM recommends we accept the bids from RGH Construction for the 1983 pickup truck for $225 and the Van for $50, they being the lowest. Mr. Foster also recommends we accept the bid from Ron Blake for $75 for the roller, he being the lowest . COUNCILWOMAN VISCONTI moved to award the bids for the excess highway equipment to RGH construction and Ron Blake, they being the lowest bidders, upon the recommendation of Graham Foster. Seconded by Mr. Bettina Motion Unanimously Carried The next report from Mr. Foster concerns the LaDue property on Smithtown Road. The driveway required ZBA approval because it violated our Zoning regulations for maximum grade and Highway specs for paving. Mr. Foster requested certification from Mr. Ladue's Engineer as to the stability of the slope on the edge of his driveway. Mr. Fosters position remains the same. If Mr. Ladue's Engineer will not certify the slope as a professional, why should we. In Mr. Fosters opinion, this slope is not stable as evidence by the rocks and the Town would be liable for allowing this condition to exist. Mr. Ladue should be forced to stabilize the slope he created and provide proof from his Engineer that the slope is now stable and no danger to the traveling public. COUCILWOMAN VISCONTI moved to authorize Attorney to the Town, Al Roberts look over the file, and if he is in agreement with Mr. Foster, send a letter to Mr. Ladue, requesting him to correct the violation. Seconded by Mr. Bettina. Motion Unanimously Carried Next is Mr. Fosters report on the meeting with the Johnston Sweeper People. Mr. Foster met with the President, Jack Conrad, and Mr. Conrad confirmed he would extend our factory warranty from 3/2/97 through 12/31/97 due to the many problems the sweeper incurred. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The next report from Mr. Foster concerns the easement on 3 Edgehill Drive. As you may recall, on 12/26/96 dirt was delivered as per agreement to the above resident. At the request of the resident we removed the dirt. During the removal of the material the lawn was damaged, and due to the time of the year, we were unable to topsoil and seed. The situation was explained to the resident, who became excited and abusive on the phone. After speaking with the Supervisor it was agreed to ask Engineer to the Town 5 012797.RGM Jay Paggi to check if the easement in question was ever deeded to the Town. In checking, Mr. Paggi discovered it was never deeded to the Town. COUNCILWOMAN VISCONITI moved to authorize Attorney to the Town, Al Roberts send a letter to the residents at 3 Edgehill Drive informing them that the easement in question does not belong to the Town. Seconded by Mr. Bettina Motion Unanimously Carried The next report from Mr. Foster is for the Village Sand/Salt Usage and Inventory as of January 1, 1997. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Valdati. Motion Unanimously Carried Mr. Foster requests permission to go bid for his annual supplies of gas, oil, liquid calcium, road aggregates ,etc. COUNCILWOMAN moved to authorize Highway Superintendent, Graham Foster to go to Bid for his annual supplies of gas, oil, liquid calcium, road aggregates, etc. Seconded by Mr. Bettina Motion Unanimously Carried A request from Mr. Louis D'Antoni of 101 Diddell requesting the Supervisor to do all she can to correct the dangerous conditions that exist on Diddell Road tunnel. At this time Councilwoman Visconti presented a letter that she wished to send to James Hammond, County Legislature, with pictures for him to review of the unsafe conditions that exist and requesting his help in having this project moved to the highest PRIORITY. SUPERVISOR SMITH moved to send the letter, with the pictures to James Hammond. Seconded by Mrs. Visconti Motion Unanimously Carried Next are several requests from Ralph Holt, Chairman of Recreation. The first request from Mr. Holt is in regard to a grant that the Town received to provide electric power to the Castle Point recreation area. Although the grant was receive in 1994 nothing has been done yet, and several letters have been sent to the D.C. Planning Board for extensions. We have been told that all clearances have not been obtained from Central Hudson to install additional poles along River Road and into Castle Point. The Recreation Committee is requesting the Town to take an official position on this hold. ?,7 012797.RGM COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith send letters to Paul Ganci and John Mack requesting their help on this matter. Seconded by Mr. Bettina Motion Unanimously Carried Next is Mr. Holt's proposal for the stipend policy for members of the recreation committee, in order to remain consistent with other Town Boards/Committees. COUNCILWOMAN VISCONTI moved to take Mr. Holt's proposal to a workshop. Seconded by Mr. Bettina Motion Unanimously Carried The next request from Mr. Holt is to increase the fees for the Summer Programs. COUNCILWOMAN VISCONTI moved to take Mr. Holt's request to raise the fees for the summer programs to a workshop. Seconded by Mr. Bettina Motion Unanimously Carried Also a request for the Town to approve the new Certificates of Insurance for use of the Wappinger Junior High School, Myers Corners School, and Sheafe Road School for recreation programs. To provide liability coverage for the Town's recreation activities. COUNCILWOMAN VISCONTI moved to authorize the Certificates of Insurance to provide liability coverage for Wappinger Junior High, Myers Corners School, and Sheafe Road School for recreation programs, as requested by Mr. Holt. Seconded by Mr. Valdati Motion Unanimously Carried In December the Board approved a request from Mr. Holt to encumber $4,000 towards the Dock at the Chelsea Boat Ramp. We need to authorize the builder, Ecological Specialties Corporation, to go ahead with the project. We therefore are requesting permission to obtain a P.O. in the amount of $6,000, the amount in the 1997 budget A-7110.4 and balance needed to proceed with this plan. COUNCILWOMAN VISCONTI moved to approve a P.O. in the amount of $6,000 payable to Ecological Specialties Corporation to go ahead with the project as requested by Mr. Holt. Seconded by Mr. Bettina Motion Unanimously Carried The last request from Mr. Holt is permission to obtain a P.O. in the amount of $1,296 payable to Wappinger Central School District, for Custodial 7 012797.RGM Services for the Saturday Morning Boys and Girls Gymnastics Program, to be held from January to May 1997. COUNCILWOMAN VISCONTI moved to approve a P.O. in the amount of $1,296 payable to Wappinger Central School District for Custodial Services for the Saturday Morning Gymnastic Program, as requested by Mr. Holt. Seconded by Mr. Valdati Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first report concerns the Evergreen Estates. As per Graham Foster's request, Mr. Paggi made a field inspection of the fill that was being brought into Section I and II of Evergreen Estates Subdivision. Further inspection of the site revealed that they are filling in unknown areas of the Phase II section of the Subdivision. As there were no survey markers available, I do not know what areas were being filled. In any event, it was close to the proposed roadway. This area should not be filled without the benefit of a grading plan and/or proper engineering or surveying. When the owner called, I advised him of that and he stated he would stop filling that area. Upon further inspection it was noted that tires, wood, trees, plastic pipe, frozen material, organic materials, and other such material that is not conducive to proper fill for the roadway construction were present and would need to be removed prior to any construction or subsequent acceptance by the Town. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The second report concerns the Environmental Assessment Form for Tri - Muni Sewer Commission Wastewater Treatment Plant Expansion for the Town of Wappinger Phase 3A Sewer Improvement. After reviewing the document, Mr. Paggi found two inconsistencies. The remainder of the document is consistent with all former discussions, documents and information relative to the expansion. COUNCILWOMAN VISCONTI moved to accept Mr. Paggi's report, with corrections, and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The third report is in reference to the Tri -Muni Expansion Phase I and II. It was originally scheduled to be completed during the summer of 1996. As the Contract was being done, it became evident that the date was not going to be met due to equipment problems. There was a series of substitutions E 012797.RGM _ t requested by the Contractor and additional review time by the engineer was necessary. Based on the current schedule, the work will be completed in late November. Initial flow is projected to begin early January 1997. Mr. Paggi recommends the Town initiate some type of correspondence with the Commission as to the status of the project, and when the flows are allowed to be received. COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith send a letter to the Commission requesting the status of the project. Seconded by Mr. Ruggiero Motion Unanimously Carried Also correspondence from Cal Mart Enterprises regarding the Rockingham Drainage Project. The contractor is requesting to clear and grub, level, drill and blast the north side of Hopewell Road. A provision in the contract states that the Contractor may not do this work anywhere in excess of five days in advance of the pipe crew. We therefor recommend that they be allowed to start the clearing and grubbing work on January 15, 1997, assuming that the pipe crew will start on or about March 1, 1997. Also assuming that the preliminary work has been completed in an acceptable manner. COUNCILMAN RUGGIERO moved to waive the contract as recommended by Mr. Paggi and allow the contractor to start the clearing and grubbing work on January 15, 1997. Seconded by Mrs. Visconti Motion Unanimously Carried Next is Mr. Paggi's weekly reports, 1/7-1/10/97 as to the rock quantities excavated, as work progresses on the Rockingham Drainage Project. We are under projection. COUNCILMAN BETTINA moved to accept Mr. Paggi's weekly reports and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried The last report concerns the ownership of property South of Schuele Drive which arose during the previous Town Board Meeting. Investigation of ownership reveals that as of December 26, 1996, the lot in question, as well as the easement from said lot to Schuele Drive are still owned by the estate of Eugene Schuele and not the Town of Wappinger. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried 41 012797.RGM The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Victor Fanuele be and he hereby is appointed to fill the vacancy as a member of the Zoning Board of Appeals of the Town of Wappinger which has occurred by reason of expiration of his term of office, and IT IS FURTHER RESOLVED, that the said Victor Fanuele is hereby appointed to the Zoning Board of Appeals for a term which shall expire on the 18t day of February, 2002. Seconded by Mr. Bettina Motion Unanimously Carried A Memo from Donald Close, Zoning Administrator, with some suggestions for amendment to verbiage for Special Use Permits for Gas Filling Stations and Convenience Retail Stores to create a more level of competition. COUNCILWOMAN VISCONTI moved to table and forward memo to Dan Wery for input. Seconded by Mr. Bettina Motion Unanimously Carried Next is an application for a change of Zone for one lot (2.076A) out of a 33.9A Parcel from R-40 to HB from Barnside Construction Corporation. COUNCILWOMAN VISCONTI moved to forward application to Dutchess County Department of Planning and Wappinger Falls Planning Board, for their revue and recommendations, and authorize Attorney to the Town Al Roberts, prepare the Resolution. Seconded by Mr. Bettina Motion Unanimously Carried The next item for the Boards consideration is a request from Curtis Rymer, to accept the extension of Woodland Court as a Town Road. Deeds, easements, etc. have all been posted with the Town Clerk. Graham Foster, Highway Superintendent, has also recommended the road for acceptance. COUNCILWOMAN VISCONTI moved to accept the extension of Woodland Court as a Town Road, based on the recommendation of Highway Superintendent, Graham Foster, subject to all Maintenance Bonds being in place. Seconded by Mr. Bettina Motion Unanimously Carried Next is a letter from Sheriff Scoralick addressed to the Town Court in regard to improving security and safety of the court. Sheriff Scoralick is requesting the Town of Wappinger to provide a secure and private area for the custody of prisoners in the court. Taking a serious look at this M] 012797.RGM problem and making plans to provide a secure prisoner area is important for the town of Wappinger. COUNCILWOMAN VISCONTI moved to accept the correspondence from Sheriff Scoralick, and address this issue at the March workshop. Seconded by Mr. Bettina Motion Unanimously Carried Next, is an accident report from the Highway Superintendents Office that occurred on Ketchamtown Road, on January 13, 1997. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from New York State Department of Environmental Conservation with a Notice of Permit Discontinuation/Deletion for Oakwood Knolls STP. Because the Department did not receive a response to its October 30, 1996 "Notice of Intent to Discontinue/Delete" the above referenced permit, SPDES permit number NY -0021598 is no longer in effect. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Paul Cuomo, P.E. Consulting Engineer representing Jimmy Smith, MacFarland Road, Town of Wappinger. Mr. Smith is presently zoned HO and is proposing to build a two bedroom dwelling, which is not permitted in the HO Zone. Supervisor Smith informed the Board that she called applicant and informed that he must file for a rezone application. COUNCILWOMAN VISCONTI moved to accept correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Mary Efantes, 43 Pye Lane, requesting the Town to install a "warning" children's sign for her daughter nursery school. Because of the curve on the road, drivers are not aware of the nursery school on Pye Lane. It creates a dangerous situation with children crossing the road. Mr. Foster informed the Board that a "Children at Play" sign had already been installed. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. 11 Seconded by Mr. Bettina 012797.RGM Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI had no reports at this time. COUNCILMAN BETTINA had no reports at this time. COUNCILWOMAN VISCONTI had no reports at this time. BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of December on the schedule of Bonds and Letters of Credit on the various subdivisions, the amounts, expiration dates, and call up dates. Also submitted was a Letter of Credit from Curtis Rymer. COUNCILWOMAN VISCONTI moved to accept Mr. Close's report for the month of December and the Letter of Credit from Curtis Rymer and place them on file, subject to receipt of the Maintenance Bond, to accompany the Letter of Credit from Mr. Rymer. Seconded by Mr.Valdati Motion Unanimously Carried RESOLUTIONS The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Gerald diPierno be and he hereby is appointed to fill the vacancy of the position of Recreation Director for the Town of Wappinger Recreation Committee which has occurred by reason of the resignation of Bernard Reimer, and IT IS FURTHER RESOLVED, that the said Gerald diPierno be and he hereby is appointed to fill such vacancy of the Recreation Committee and his annual salary shall be prorated at $7,000 per year. Seconded by Mr. Bettina ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Ruggiero Nay Councilman Valdati Aye Councilman Bettina Aye Councilwoman Visconti Aye Motion Carried There was some discuss prior to the vote, and Mr. Ruggiero remarked, although there were three potential candidates that were qualified to handle the position, Mr. Holt, Chairman of Recreation recommended Mr. James Allen to possess the best overall qualifications. 12 91, r 012797.RGM The next item for the Boards consideration is to approve the Dog Control Services Agreement between the Town of Wappinger and the Village of Wappingers Falls. COUNCILMAN VALDATI moved to approve the Dog Control Services Agreement between the Town of Wappinger and the Village of Wappingers Falls, and authorize the Supervisor to sign and forward to the Mayor. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from David D.Hagstrom, Attorney, with the proposed Order of Settlement and Stipulation for Hark Associates as per agreement, with correspondence from Emanuel Saris recommending the settlement. COUNCILWOMAN VISCONTI moved to authorize Emanuel Saris, Attorney in charge of Tax Certiorari to proceed with settlement for Hark Associates. Seconded by Mr. Valdati Motion Unanimously Carried Next is the resolution relative to the purchase of the Seigel Property. The following resolution was moved by COUNCILWOMAN VISCONTI and seconded by Mr. Valdati. WHEREAS, the Town Board presently owns property located off Old Route 9 in the Town, upon which it maintains buildings, garages and other facilities for use by the Town of Wappinger Highway Department, together with salt storage facilities owned and operated jointly by the Town of Wappinger and the Village of Wappingers Falls for use by there respective Highway Departments and a recycling facility for use by Town residents, (hereinafter referred to as "Highway Department Property"); and WHEREAS, the Town Board has determined that additional lands are required to adequately provide for the Townwide recycling operations which are currently performed at the Highway Department; and WHEREAS, a parcel of property owned by the Estate of Samuel Seigel is located adjacent and contiguous to the aforementioned Highway Department Property, which is more particularly described in Exhibit "A' attached hereto, which is hereafter referred to as the "Seigel Property;" and WHEREAS, the Town Board has agreed to purchase said property for the sum of One Hundred Fifty Thousand ($150,000.00) Dollars, subject to the terms and conditions stated in a written Contract of Sale, a copy of which is attached hereto marked and designated Exhibit "B;" and WHEREAS, the purchase of this property is further subject to the terms and compliance with the conditions contained in a Bond Resolution which is intended to be introduced and adopted immediately following the 191 012797.RGM adoption of this Resolution, which Bond Resolution is subject to a Permissive Referendum in accordance with 35 of the Local Finance Law; and WHEREAS, the Town Board has undertaken an environmental review of the Seigel Property and has employed the firm of Chazen Environmental Services, Inc. to undertake a Phase 1 and Phase 2 Environmental Study of the subject premises, which studies have revealed that here are no physical signs of hazardous materials or contaminated soils present on the site; and WHEREAS, the Town Board is desirous of purchasing the subject premises in accordance with the terms stated in the proposed Contract, a copy of which is attached as Exhibit 2. NOW THEREFORE, BE IT RESOLVED as follows: 1. The Town Board hereby incorporates the recitations set forth above as if fully set forth at length herein. 2. The Town Board hereby declares that it is in the public interest to purchase the premises described in Exhibit 1 attached hereto in accordance with the conditions and provisions contained in the proposed Contract attached as Exhibit 2. 3. The Town Board of the Town of Wappinger has reviewed the intended action (the purchase of the Seigel Property) with respect to the provisions set forth in 6 NYCRR (SEQRA) and the provisions of Local Law No. 6 of the year 1992 and hereby determines that the intended action is an "Unlisted Action." 4. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself LEAD AGENCY PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6, PART 617 - NYCRR. 5. The Town Board has caused to be prepared and completed Part 1, Part 2, and Part 3 of a long form EAF for this project, in the form annexed hereto. 6. Based on its review of the EAF and the information contained in the attachments thereto, the Town Board hereby determines that there are no environmental impacts associated with this action and the Town Board hereby makes a Negative Determination of Significance for this project. 7. The Town Board hereby authorizes and directs the Town Supervisor, Constance O. Smith to execute the proposed Contract of Sale, in substantially the same form as attached hereto as Exhibit 2, as well as to undertake any action and to execute any 14 012797.RGM and all documents, forms, and instruments that may be required to effectuate the sale and transfer of said property to the Town of Wappinger. 8. The Town Board further authorizes the firm of Paggi and Martin, Professional Engineers and Surveyors, to undertake a survey of the subject premises. 9. The Town Board further directs Albert P. Roberts, Attorney to the Town of Wappinger, to make application for title insurance to insure the Town of Wappinger for the principal amount of One Hundred Fifty Thousand ($150,000.00) Dollars. The question of adoption of the forgoing resolution was duly put to a vote on roll call which resulted as follows: Constance Smith Voting Aye Robert Valdati Voting Aye June Visconti Voting Aye Joseph Ruggiero Voting Aye Vincent Bettina Voting Aye Resolution is hereby declared duly adopted. The next item for the Boards consideration is to approve the Bonding Resolutions from Willkie, Farr & Gallagher for the Seigel Property. The following resolution was offered by COUNCILWOMAN VISCONTI, who moved its adoption, and seconded by Mr. Valdati. A RESOLUTION AUTHORIZING THE ISSUANCE OF $150,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF A PARCEL OF LAND OF APPROXIMATELY 2.755 ACRES ADJACENT TO THE TOWN HIGHWAY DEPARTMENT FACILITY OFF OLD ROUTE 9 IN AND OF THE TOWN. WHEREAS, the capital project hereinafter described has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the acquisition of a parcel of land of approximately 2.755 acres adjacent to the 15 012797.RGM Town Highway Department facility off Old Route 9 in and for the Town of Wappinger, Dutchess County, New York, for use by said Department, including incidental expenses in connection therewith, there are hereby authorized to be issued $150,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $150,000, which such specific object or purpose is hereby authorized at said maximum estimated costs, and that the plan for the financing thereof is by the issuance of the $150,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 21(a) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the Chief fiscal officer. Such notes shall be of such terms, forms and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all taxable real property of said Town -a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County New York by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and 16 012797.RGM award the bonds in such manner as she shall deem best for the interests of said town; provided, however that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturity and interest payment dates, place or places of payment and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds and any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and any an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. 17 012797.RGM Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution taking effect, the same shall be published in full in SOUTHERN DUTCHESS NEWS, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Smith Councilman Bettina Councilman Ruggiero Councilman Valdati Councilwoman Visconti Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The resolutions was thereupon declared duly adopted. A Public Hearing having been held with respect to establishment of Water Rates in the Fleetwood Water District, the matter of its adoption was now placed before the Board for their consideration. COUNCILMAN BETTINA moved to table to adjourned Public Hearing, February 10th . Seconded by Mrs. Visconti Motion Unanimously Carried A Public Hearing having been held for the establishment of Sewer Rates for the Wappinger Sewer Improvement Area #1, that matter of its adoption was now placed before the Board for their consideration: COUNCILWOMAN VISCONTI moved to adopt Local Law # as follows: LOCAL LAW # OF THE YEAR 1997 A LOCAL LAW AMENDING LOCAL LAW #5 OF 1976 LOCAL LAW #14 OF 1984, LOCAL LAW #10 OF 1985 LOCAL LAW #10 OF 1988, LOCAL LAW #1 OF 1991 LOCAL LAW #2 OF 1992, LOCAL LAW #13 OF 1992 AND LOCAL LAW #2 OF THE YEAR 1996 ESTABLISHING SEWER RATES IN THE WAPPINGER SEWER IMPROVEMENT AREA #1 BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Section 2 of Local Law #2 of 1996 is hereby amended to read as follows: 012797.RGM 19 SECTION 2. The following Sewer Rates are hereby amended to read as follows: A. RESIDENTIAL Each residential unit connected to the System $440 annually and payable on a quarterly basis. SECTION 3. This Local Law shall take effect upon adoption and filing as provided by Municipal Home Rule. ,., Seconded by Mr. Valdati ROLL CALL VOTE VOTE 1*4W Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Bettina Aye Councilwoman Visconti Aye Motion Unanimously Carried A Public Hearing having been held for the increase of Operation and Maintenance fees, for the Rockingham Sewer District, the matter of its adoption was now placed before the Board for their consideration. COUNCILWOMAN VISCONTI moved to adopt Local Law # as follows: LOCAL LAW NO # OF THE YEAR 1997 AMENDING LOCAL LAW # 12 OF THE YEAR 1984, LOCAL LAW #9 OF 1988, LOCAL LAW #5 OF 1994 AND LOCAL LAW #1 OF 1996 WITH RESPECT TO THE ESTABLISHMENT OF SEWER RATES FOR THE ROCKINGHAM SEWER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: SECTION 1. Any and all prior laws establishing sewer rates for the Rockingham Sewer District with respect to residential uses is hereby repealed, only with respect to sewer rates and the prior laws otherwise confirmed. SECTION 2. The following sewer rates are hereby established for the Rockingham Sewer District. A. Residential 1. Each residential unit connect to the system: Lo $400 annually and payable on a quarterly basis. SECTION 3. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. Seconded by Mr. Valdati ROLL CALL VOTE VOTE 19 012797.RGM Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Bettina Aye Councilwoman Visconti Aye Motion Unanimously Carried Next is a petition from Joel Hanig, attorney, with an application for the Atlas Water District Extension No. 1. for Cedar Ridge Subdivision. COUNCILWOMAN VISCONTI moved to table this application to the expanded district project. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Dan O'Connor, P.E. for the Dutchess County Department of Health with regard to Hindu Samaj Water Main Extension. A Certificate of Compliance has been received from Engineer to the Town, Jay Paggi, and Badey and Watson, P.C. for the above referenced project, which was approved on April 24, 1994. Based on this, a Completed Works Approval has been issued under Section 5-1.22 (d) Part 5 of the NYS Sanitary Code. This letter may be used as the authorization to operate the water systems. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Next is to approve the proposal for Planning Consulting Services for the Planning Board for 1997, from Frederick P. Clark Associates, Inc. COUNCILWOMAN VISCONTI moved to approve the proposal for Planning Consulting Services for the Planning Board for 1997, from Frederick P. Clark Associates, Inc., based on the recommendation of the Planning Board, and authorize the Supervisor to sign. Seconded by Mr. Bettina Motion Unanimously Carried The maintenance agreement for the Emergency Services Building was received from Lehigh Lawns & Landscaping for the 1997-1997 Snowplowing Season. COUNCILWOMAN VISCONTI moved to approve the maintenance agreement from Lehigh Lawns & Landscaping for the 1996-1997 Snowplowing Season, and authorize the Supervisor to sign. Seconded by Mr. Bettina Motion Unanimously Carried 20 012797.RGM Next is the Appraisal Report from McGrath, Basciani & Associates for the Partial taking of Property of Hans Smit, 134 Wheeler Hill Road, Town of Wappinger, Dutchess County, New York. COUNCILWOMAN VISCONTI moved to accept the appraisal report and authorize Engineer to the Town Jay Paggi, and Attorney to the Town Al Roberts, to prepare the necessary papers for the acceptance of the property. Seconded by Mr. Valdati Motion Unanimously Carried UNFINISHED BUSINESS As a result of the November 25, 1996 Town Board Meeting, at which Mrs. Yanitelli of CLY Realty voiced her concern regarding the escrow account and process of subdividing the parcel of land she owns on Smithtown Road, Engineer to the Town, Jay Paggi researched the amount of bills incurred for the entire year of 1995 for the project. Mr. Paggi has carefully accounted for each hour and is ready to stand by the amount of the bill and the hours charged. COUNCIWOMAN VISCONTI moved to authorize Attorney to the Town Al Roberts, respond to Mrs. Yanitelli of CLY Realty. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Shady Acres Mobile Home Park. COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith to send a letter advising them to find something within the zone of East Fishkill. Seconded by Mr. Bettina Motion Unanimously Carried The next item for the Boards consideration is a Draft of the Traffic Analysis prepared by Frederick Clark Associates. Mr. Ruggiero said he is in support of the analysis, but we should try to recover the cost of the study from future developers or sub -divisions through planning fees, etc. COUNCILWOMAN VISCONTI moved to table this to the next workshop pending comments from Highway Superintendent, Graham Foster. Seconded by Mr. Bettina Motion Unanimously Carried Next is a memo from Carl Amburgey, Town Patrol, for additional funding for the New Town Patrol Car. Prior to 1995 the marked Police Package Vehicles came through with all emergency lights as part of the package. Since then, this equipment has been deleted and is now optional. Mr. Amburgey is requesting an additional $3,000 to have the necessary equipment installed by the dealer on the Town Patrol vehicle. Supervisor 21 012797.RGM Smith informed the Board these funds would come out of B Fund, Contingency. COUNCILWOMAN VISCONTI moved to authorize the additional $3,000 to have the necessary equipment installed on the Town Patrol Car. Funds to come out of B Fund, Contingency. Seconded by Mr. Bettina. Motion Unanimously Carried The last item for the Boards consideration is authorization for $2,114.34 to pay the tax bill for the Town, due to the loss of Benefit Units. These funds to come from A Fund, Contingency. COUNCILWOMAN VISCONTI moved to authorize $2,114.34 to pay the tax bill for the Town, due to the loss of Benefit Units. Funds to come from A Fund, Contingency. Seconded by Mr. Bettina Motion Unanimously Carried At this time Supervisor Smith informed the Board that a new circulator had to be installed last week in the Town Hall at a cost of $763. It was five years old and no longer under warranty. COUNCILMAN RUGGIERO on taking minutes at the workshop meetings. There was some discussion as to having the minutes taken. Mr. Roberts, Attorney to the Town gave an opinion that a work shop meeting is a Town Board Meeting, regardless of whether you vote or not. Mrs. Snowden Town Clerk said yes, that is correct, but there are no Minutes, unless you actually move to take official action. Up to this particular point in time the Board has never done that. They have opted only for discussion, which is perfectly legitimate and perfectly legal. Mrs. Snowden has advertised that the Workshops are legal working meeting. Depending on what your talking about, as far as Minutes, we might want to discuss that further. Mrs. Snowden informed the Board that she would have no problem being there, if you do official Town work yes, there are to be Minutes of that particular proceeding. However, if you want a verbatim of your Minutes, you are not going to get them directly. As you noticed tonight, many people were talking, and neither of us could get the names. You may have to hire someone to transcribe verbatim and I will take out the Town's Official Minutes, so they are acceptable as Minutes. Town Law indicates that they are to be available several weeks after it has been done. Mrs. Snowden informed the Board that she will not guarantee any verbatim in any particular length of time. You will not get them before the official Minutes are done. 22 012797.RGM NEW BUSINESS COUNCILMAN BETTINA received a phone call from a resident who would not give his name, he said there was illegal dumping in back of Lawrence Farms. Engineer to the Town, Jay Paggi, informed the Board that the site north of Lawrence Farms, which is Hudson's Ribs and Fish, was constructing a sewer system and they infringed on the wet lands and DEC caught them and they were sited. Mr. Paggi received formal notification today. That fill went up to Andy Metzger's subdivision. COUNCILWOMAN VISCONTI regarding subdivision fees for Recreation. They want to increase them from $1,500 to $2,000 per lot. Also, if a new subdivisions comes in and has 3 or 4 lots, exempt the first two lots. Is there anything in writing. Mrs. Smith said no, but we started those fees, and never finished, because Don Keller passed away. Charlie Ricotta hasn't had a chance to go through them and that is one of the items to be discussed. COUNCILMAN VALDATI on the southeast corner of Old Hopewell Road where the old Service Station once was. It is very untidy, can we get the Zoning Administrator to call the owners to clean up the area. 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 10:00 P.M E ainenowden Town Clerk PAI 012797TH A Public Hearing was held by the Town Board of the Town of Wappinger on January 27, 1997 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law amending Local Law #2 of the year 1985, Local Law # 5 of 1988, and Local Law #4 of 1994 with respect to the establishment of water rates in the Fleetwood Water District. Supervisor Smith opened the Hearing at 7:15 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman (7:20 P.M.) Vincent Bettina, Councilman (7:30 P.M.) 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 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 of the Minutes of this Meeting). The rate shall be increased from $35.00 per quarter to $60.00 per quarter effective the 1/1/97-3/31/97 service period. The minimum gallons allowed (14,143 gal) will remain the same, as well as the overage rate ($1.00/1,000 gallons). Supervisor Smith went on to explain the reason for the increase, one being for trucking the water into the district. Supervisor Smith informed the residents that we are looking into other options. One possibility is to hook in with the Village of Fishkill, Atlas Water that we purchased a few years ago. The intent eventually was to have a Town wide water district. There is also a problem at the Wappinger Park, Indian Village Development. We are also looking into expanding the Route 9 Corridor. We have to do it because 187 people could never afford to get water down there. We do not have that study and the figures yet. We drilled a well, and it failed, and we are trucking the water in. SUPERVISOR SMITH asked if there were any questions or comments from the audience. Ken Duxbury of Barbara Lane was recognized by the Board, and he felt that someone has been dragging their feet. We were promised that something would be done. SUPERVISOR SMITH explained, every time we get an option, we realize that no one can afford it. So we keep on looking. Mr. Paggi explained, that a presentation was made at the October workshop meeting, and the dollars presented to the Board, were not acceptable to them. They 1 012797TH asked Mr. Paggi to expand the scope of the report to make it more of a Town wide approach rather that focusing specifically on Fleetwood. Residents asked why Highway was not trucking water in with their truck. Mr. Foster went on to explain, we do have a stainless steel truck. If it were used for trucking water, that's the only thing the truck could be used for. The Highway would have to take it out of service. It would be to costly. Mr. Paggi went on to explain that we have to site minimum of two, to four new wells to drill to feed this area. The scope is larger than servicing just the Fleetwood area. Mr. Paggi reminded the residents that the budget is for the whole year. If there is any overage it goes to the district. He went on to explain how they came up with the costs. Another concern the residents expressed the financial burden for people .who live alone or on a fixed income. The residents also wished the Board to give them numbers showing how much everything was going to cost, and where the funds would be going. Mr. Duxbury reminded Mrs. Smith, at last summers meeting she was going to look into minimum usage. Was that ever looked into. Mr. Paggi answered yes, and it was presented to the Board. It justified the minimum charge. You have fixed costs for the district, when you divide the fixed costs by the number of users it comes very close to the minimum charge being utilized for the Fleetwood Water District. COUNCILMAN VALDATI agreed with the residents, there should be figures made available for the Board and the Residents, because this is a significant amount of money. He suggested the Town Board have another meeting and present numbers. Mr. Taverns of Fleetwood Drive, asked what the next step would be in solving the Fleetwood Water problems. SUPERVISOR SMITH announced that we would be having a presentation by Engineer to the Town, Jay Paggi in March. Mr. McGinnis of Kretch Circle suggested drilling another well near the right of way near Kretch Circle. It is far enough away, and if you drill deeper, perhaps you may get a good producing well, and it may not cost as much. Mr. Paggi, said that a study had been made among residents at the top of Observe Hill, where the Town owns some land, to see how successful they were in getting water out, and the amount of water they reported that they got out of their wells would not have helped the district. A 20 gallon a minute well is needed, twelve to thirteen hours a day. The residents only got five to eight gallons a minute. He went on to explain to the residents what steps are being taken at this time. Resident, Andrew Hartman asked why not have the whole town pay several dollars more in taxes, and have the funds available for future problems, should they arise so as not to burden one district. Attorney to the Town Al Roberts, explained why this could not be done at this time. SUPERVISOR SMITH informed the residents that Mr. 4 012797TH s_ Paggi would have all the information for us in March, and our Workshop Meeting in March is the 2nd Monday of the month. You are all welcome to attend. SUPERVISOR SMITH thanked all the residents for attending the Public Hearing and said that they would continue the Public Hearing and present the numbers to the residents. COUNCILMAN RUGGIERO moved to adjourn the Public Hearing to date and time certain, February 10, 1997 at 7:30 P.M. Seconded by Mrs. Visconti Motion Unanimously Carried The Public Hearing adjourned at 8:10 P.M. Elaine H. Snowden Town Clerk 3 012797TH � A Public Hearing was held by the Town Board of the Town of Wappinger on January 27, 1997 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law amending Local Law #5 of 1976, Local Law #14 of 1984, Local Law #10 of 1985, Local Law #10 of 1988, Local Law #1 of 1991, Local Law #2 of 1992, Local Law #13 of 1992 and Local Law #2 of 1996 establishing Sewer Rates for Wappinger Sewer Improvement Area #1. Supervisor Smith opened the Hearing at 8:14 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 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 of the Minutes of the Meeting). The rate shall decrease from $120 per quarter flat rate to $110 per quarter flat rate starting 1/1/97-3/31/97 . Supervisor Smith asked if there were any questions or comments from the audience. There were none. COUNCILWOMAN VISCONTI moved to close the Public Hearing. Seconded by Mr. Bettina The Public Hearing closed at 8:15 P.M. Motion Unanimously Carried Elaine H. Snowden Town Clerk 012797TH `x7 A Public Hearing was held by the Town Board of the Town of Wappinger on January 27, 1997, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law amending Local Law #12 of 1984, Local Law #9 of 1988, Local Law #5 of 1994 and Local Law #1 of 1996, with respect to the establishment of Sewer Rates for the Rockingham Sewer District. Supervisor Smith opened the Hearing at 8:15 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 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 of the Minutes of this Meeting). The rate shall be increased from $85 per quarter flat rate to $100 per quarter flat rate starting the 12/1/96-2/28/97 service period. At this time, Mr. Ruggiero commented that we should push for negotiations. SUPERVISOR SMITH said she was waiting for Mike Dungan to call back for a meeting with all of us. Supervisor Smith asked if there were any questions or comments from the audience. There were none. COUNCILWOMAN VISCONTI moved to close the Public Hearing. Seconded by Mr. Bettina The Public Hearing closed at 8:16 P.M. Motion Unanimously Carried Elaine H. Snowden Town Clerk