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1994-12-27 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER DECEMBER 27, 1994 YEAR END MEETING 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes Regular Nov. 28th Specials Nov. 7th Dec. 12th -1994 4. REPORTS OF OFFICERS: Sup/Compt. Town Justices Receiver of Taxes Bldg. Insp. Zng. Adm. Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. MEMO from P. Maupin, REc. of Taxes, Re: imposition of charge for sending deliznquent Tax Notices b. Mr. & Mrs. Jas. Hogan, 11 Elizabeth Terr. re: discarded household items dumped at Larissa Lane & Elizabeth Terr Cul de Sacs c. Request for return of Escrow fee from Karen Feola, $500 for Grading & Seeding d. Roger Akeley, Comm. D. Co. Dept P1ang, re: Loop bus service e. Correspondence by Linda Smith & Connie Smith re: Conclusion of ARC Residence Location 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT 8. RESOLUTIONS -a. Comptroller - Transfers for year end accounts and Encumbrances b. Set Date for Re -Organizational Meeting c. Declare Jan. 2, 1995 Town Holiday ',._d. Consider adoption of Local laws for amended 0 & M for: Central Wappinger Water, Fleetwood Water, Rockingham Sewer, Mid Point Park Sewer, & Watch Hill Water e. Consider adoption of Tri Municipal amended Bonding Amount --f. Request for Transfer of funds for Justice Ct. employee wages ---g. Introduce and set Public Hearing on STOP Signs h. Amending Employees Vacation Policy i. Change Order for Manfredi - Emergency Services Building 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. CLOSE REMINDER: PUBLIC HEARING at 7:00 P.M. 941227.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on December 27, 1994 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 7:35. P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. MINUTES The Minutes of the Regular Meeting of November 28th, Special Meeting of November 7, 1994, Special Meeting of December 12, 1994, and Special Meeting of August 8, 1994, having previously been forwarded to the Board Members, were place before them for their consideration. COUNCILWOMAN VISCONTI stated that there was a correction in the Minutes of December 12, 1994. Her name was omitted from the roster. Also a correction on page 7 of the November 28, 1994 meeting. It should read Rock Road, not Namoth Road. COUNCILWOMAN VISCONTI moved that the above stated Minutes, as submitted by the Town Clerk be and they are hereby approved as corrected. Seconded by Mr. Ruggiero Motion Unanimously Carried Mr. Incoronato questioned Mrs. Smith regarding a list of concerns submitted by residents of Rockingham to the Town Board at the November 28th meeting. Had they been delivered to recreation? Mrs. Smith responded yes. Also was Mr. Suarez, Page 1 941227.RGM President of the Soccer Club going to be at the next Workshop. Mrs. Smith responded that he would attend the January or February Workshop. REPORTS OF OFFICERS Reports for the month of November were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Building Inspector, Zoning Administrator Officer. The report of the Dog Control Officer had not been received for the month of November, and Mrs. Smith said she would remind Mrs. Buck of her responsibilities. COUNCILWOMAN VISCONTI moved to accept the above stated reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried MR. INCORONATO questioned Mr. Foster on the TEG violations that were discussed at the November Meeting. It was noted on Mr. Levenson's Report for November that it closed on November 7th. Mr. Foster responded that the TEG violation is still pending. Mr. Incoronato noted that Mr. Levenson's report should indicate that the TEG Violation is still PENDING. PETITIONS AND COMMUNICATIONS The first item presented to the Board was a Memo from Trish Maupin, Receiver of Taxes. Mrs. Maupin stated that Chapter 680 amended Real Property Tax Law, #987 states that the charge for sending delinquent tax notices is optional with each local government. Such Local law or resolution could impose a charge of up to $2.00. At present Mrs. Maupin is charging a $1.00 fee per notice charge. She would like some direction from the Board at this time. The following Resolution was offered by COUNCILWOMEN VISCONTI who moved its adoption: RESOLVED, that the Receiver of Taxes impose a $2.00 charge to send out delinquent notices as required, under section 987 of Page 2 the Real Property Tax Law. Seconded by Mr. Incoronato 941227 . RGM Motion Unanimously Carried Mrs. Maupin also requested authorization to deposit the Realty Tax Money collected in 1995 into an Interest Bearing Account. COUNCILMAN VALDATI moved to authorize Mrs. Maupin, Receiver of Taxes to deposit the Realty Tax Money collected in 1995 in an Interest Bearing Account. Seconded by Mrs. Visconti Motion Unanimously Carried Next is a letter from Mr. & Mrs. James Hogan of 11 Elizabeth Terrace complaining about discarded household items being dumped at Larissa Lane & Elizabeth Terrace Cul de Sacs. COUNCILMAN INCORONATO moved to have Mr. Levenson investigate the situation and issue violations for the illegal dumping. Seconded by Mr. Ruggiero Motion Unanimously Carried A request for the return of Escrow Funds in the amount of $500.00 was received from Karen Feola of 52 Red Hawk Hollow to secure the completion of various improvements on the above mentioned property. COUNCILMAN VALDATI moved to approve the return of escrow funds as stated, based on the recommendation of the Building Inspector, Don Keller. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence was received from Roger Akeley, Commissioner of the Dutchess County Department of Planning, to confirm that the Dutchess County LOOP System plans to continue its service along New Hackensack Road, All Angels Hill Road, and Old Hopewell Road COUNCILMAN INCORONATO moved to accept the correspondence and place it on file. Page 3 Seconded by Mr. Ruggiero 941227.RGM Motion Unanimously Carried Correspondence was also received from Lynn Smith of ARC, with regrets that she could not extend the time frame on the Dogwood Hill Road residence as requested by the neighbors, in their memo to Supervisor Smith. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI had no reports at this time. COUNCILMAN INCORONATO had no reports at this time. COUNCILWOMAN VISCONTI had no reports at this time. SUPERVISOR SMITH reported that she attended a Public Hearing that was held in the Town of Fishkill. It concerned a project to open up a cul de sac on the borderline of Fishkill & Wappingers for fire trucks. Otto Klassen, a builder has requested to rezone. The problem is a Mandated Water Tank that would have to be erected 120' high and 64' across. The residents are not very happy. The builder would give the water tank to the Town of Fishkill. The next day, Supervisor of Fishkill Joan Pagones contacted Mrs. Smith and announced they were going to pull the project. Mrs. Smith stressed that we should keep our eyes open as to where this mandated Water Tank for Brinkerhoff would be placed. BONDS AND LETTERS OF CREDIT Mr. Levenson's report on the schedule of Bonds and Letters of Credit was received. Mrs. Smith explained to the Board that the Bond on Mocassin View Drive terminated and was released. Page 4 941227.RGM COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's Report on the schedule of Bonds and Letters of Credit and place on file. Seconded by Mr. Incoronato Motion Unanimously Carried RESOLUTIONS The following transfer for year end accounts and encumbrances was received from Comptroller, Ann Buckley. Increase Decrease Misc. Bld 1620.45A $150.00 Rep Town Auto 1620.43A $150.00 Miscellaneous line item was going over budget due to expense of supplying water to Seniors Room. The following purchase orders are in the system and have been approved by the Town Board. If the services have not been performed or supplies received by December 30, 1994, please authorize the Comptroller to encumber the following: PO #262 Rudy Angelo Electric to rebuild signal light Acct 3310.4A at Middlebush Rd & Old Route 9. $4,000.00 PO #293 Executive Office Systems Computer Acct 1680.2A Hardware for Justice Court $2733.50 PO #294 Executive Office Systems Computer Acct 1680.2A Hardware & Software for Recreation Dept. $3500.00 PO #300 Ira Conklin & Sons: 2 gasoline Tanks Acct 5132.4A for Highway Department PO #305 D. Silvestri & Sons: Furnace for Acct 5132.4A Highway Garage $5521.00 $4050.00 COUNCILWOMAN VISCONTI moved to authorize the Budget amendments as requested by the Comptroller, Ann Buckley. Next item is to set the Date for the Reorganizational Meeting. SUPERVISOR SMITH set the Reorganizational meeting for January 4, 1995 at 6:00 P.M. Also on that same night Mrs. Smith requested that the Board Members plan to stay and extra 1/2 hour Page 5 941227.RGM for an executive work session on escrow procedures. Next is to authorize January 2, 1995 as a Town Holiday. COUNCILMAN VALDATI moved to declare January 2, 1995 as a Town Holiday. Seconded by Mrs. Visconti Motion Unanimously Carried A Public Hearing having been held on December 13, 1994 for the increase of operation and maintenance fees for the Central Wappinger Improvement Area, the matter of its adoption was now placed before the Board for their consideration. COUNCILMAN INCORONATO moved to Adopt Local Law # as follows: LOCAL LAW # OF THE YEAR 1994 AMENDING LOCAL LAW NO. 9 OF THE YEAR 1985, LOCAL LAW NO. 9 OF THE YEAR 1987, AND LOCAL LAW NO. 6 OF THE YEAR 1993 ESTABLISHMENT OF WATER RATES FOR THE CENTRAL WAPPINGER WATER IMPROVEMENT AREA BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior local laws establishing water rates for the Central Wappinger Improvement Are with respect to residential uses is hereby repealed, only with respect to water rates and the prior laws are otherwise confirmed. SECTION 2. The following Water rates are hereby established for the Central Wappinger Water Improvement Area: A. Residential 1. Now all metered $25.00 per quarter for all users up to and including 2,500 cubic feet of water 2. In the event usage exceeds 2,500 cubic feet, the charge shall be $ .64 per 100 cubic feet additional over the minimum. SECTION 3. This Local Law shall take effect upon adoption and as provided by the Municipal Home Rule Law. Seconded by Mr. Valdati Roll Call Vote: Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Incoronato Councilwoman Visconti Page 6 Vote Aye Nay Aye Aye Aye Motion Carried 941227.RGM 1' COUNCILMAN INCORONATO also moved to have Town Engineer determine what the fixed and variable water costs are so we can revise the schedule accordingly to adequately reflect the charges that should be made for the minimum consumer and thereby encourage conservation of water. Seconded by Mr. Valdati Motion Unanimously Carried A Public Hearing having been held on December 13, 1994 for the increase of operation and maintenance fees for the Fleetwood Water District, the matter of its adoption was now placed before the Board for their consideration. COUNCILMAN INCORONATO moved to Adopt Local Law # as follows: LOCAL LAW # OF THE YEAR 1994 AMENDING LOCAL LAW NO. 2 OF THE YEAR 1985 AND LOCAL LAW NO 5. OF THE YEAR 1988 WITH THE RESPECT TO FLEETWOOD WATER DISTRICT SECTION 1. Section 1 of Local Law No. 5. of the year 1988 is to be amended as set forth herein below: The owner shall be obligated to pay the minimum charge of 64W thirty-five dollars ($35.00) 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 $1.00 per 1,000 gallons. SECTION 2. All other provisions of Local Law No. 5 of the year 1988 are hereby ratified with respect to water rates and the prior laws otherwise confirmed. SECTION 3. This local Law shall take effect upon adoption and as provided by Municipal Home Rule. Seconded by Mr. Valdati Roll Call Vote: Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Incoronato Councilwoman Visconti Vote Aye Nay Aye Aye Aye Motion Carried A Public Hearing having been held on December 13, 1994 for the increase of operation and maintenance fees for the Rockingham Sewer District, the matter of its adoption was now placed Page 7 941227.RGM before the Board for their consideration. COUNCILMAN INCORONATO moved to Adopt Local Law # as follows: LOCAL LAW # OF THE YEAR 1994 AMENDING LOCAL LAW NO. 12 OF THE YEAR 1984, AND THE LOCAL LAW NO. 9 OF THE YEAR 1988, 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 connected to the system: $300.00 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: Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Incoronato Councilwoman Visconti Vote Aye Nay Aye Aye Aye Motion Carried A Public Hearing having been held on December 13, 1994 for the increase of operation and maintenance fees for the Mid -Point Park Sewer District, the matter of its adoption was now placed before the Board for their consideration. COUNCILMAN INCORONATO moved to Adopt Local Law # as follows: LOCAL LAW # OF THE YEAR 1994 AMENDING LOCAL LAW NO. 15 OF THE YEAR 1984, LOCAL LAW NO. 8 OF THE YEAR 1988, AND LOCAL LAW 12 OF THE YEAR 1992 WITH RESPECT TO THE ESTABLISHMENT OF SEWER RATES FOR THE MID -POINT PARK 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 Mid -Point Park Sewer District with respect to Page 8 941227.RGM 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 Mid -Point Park Sewer District. A. Residential 1. Each residential unit connected to the system: $560.00 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: Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Incoronato Councilwoman Visconti Vote Aye Nay Aye Aye Aye Motion Carried A Public Hearing having been held on December 13, 1994 for the increase of operation and maintenance fees for Watch Hill Water district, the matter of its adoption was now placed before the Board for their consideration. COUNCILMAN INCORONATO moved to Adopt Local Law # as follows: LOCAL LAW # OF THE YEAR 1994 AMENDING LOCAL LAW NO. 1 OF THE YEAR 1979 AND LOCAL LAW NO 11. OF THE YEAR 1980 AND LOCAL LAW 6. OF THE YEAR 1985 WITH RESPECT TO THE MINIMUM CHARGES FOR CONSUMPTION WITH USE OF WATER FOR THE WATCH HILL WATER DISTRICT SECTION 1. Effective the second District fiscal quarter of the year 1995, the following rates shall be charged: The owner shall be obligated to pay the minimum charge of forty-five dollars ($45.00) 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 2,500 cu. ft. consumption is billable at the rate of $1.40 per 100 cu. ft. SECTION 2. All other provisions of Local Law No. 11, of 1980 are hereby ratified with respect to water rates and the prior laws otherwise confirmed. SECTION 3. This local Law shall take effect upon adoption and as provided by Municipal Home Rule. Seconded by Mr. Valdati Roll Call Vote: Page 9 Vote Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Incoronato Councilwoman Visconti Aye Nay Aye Aye Aye Motion Carried 941227.RGM A Public Hearing having been held on December 27, 1994 in the matter of the Application of the Town Board, Town of Wappinger for the Permission of the State Comptroller to Approve an increase in the maximum amount to be expended in connection with the establishment of the Wappinger Sewer Transmission/Treatment Improvement in the Town of Wappinger, County of Dutchess and State of New York, the matter of its adoption was now placed before the Board for their consideration. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: TOWN OF WAPPINGER NEGATIVE DECLARATION RESOLUTION REQUEST TO THE NEW YORK STATE COMPTROLLER TO APPROVE AN INCREASE THE MAXIMUM FUNDING AMOUNT FOR THE WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT WHEREAS, the town of Wappinger as Lead Agency completed an environmental review in accordance with 6 NYCRR Part 617 in March 1991, in connection with the formation of a Town of Wappinger Sewer Improvement: and WHEREAS, a companion environmental review , for a 1MGD expansion of the Tri -Municipal sewer Plant, for which the Tri -Municipal Sewer Commission was the Lead Agency, was completed in February 1991 and updated in November 1993: and WHEREAS, the Town of Wappinger conducted an environmental review of an amendment to the July 10, 1991 Agreement to permit the early entry of a portion of the effluent resulting from the proposed sewer improvement prior to the completion date of the expansion called for in the agreement and determined that said change would have no significant environmental impact; and Page 10 941227.RGM WHEREAS, the Tri -Municipal Sewer Commission also conducted and environmental review of the early entry agreement and declared that the change in schedule would not have a significant impact on the environment; WHEREAS, the aforementioned environmental records for the existing environmental reviews are incorporated, by reference, herein and made a part hereof; and WHEREAS, the Town of Wappinger and the Tri -Municipal Sewer Commission (TMSC) entered into an intermunicipal agreement on July 10, 1991 to expand the Commission's waste water treatment facility pursuant to Article 5G of the General Municipal Law to treat 1 million gallons per day (MGD) of additional sewage generated from the Town of Wappinger Sewer Transmission/Sewer Improvement Phases I and II (WST/TI); and WHEREAS, due to regulatory delays, the project implementation schedule was extended for approximately two years and after bidding, the sum total of the contracts from the four lowest responsible bidders exceeded bond authorization by approximately $2.6 million: and WHEREAS, the maximum borrowing authorization needs to be amended in the amount of $2,610,054 million as a result of bids received by the Tri -Municipal Sewer Commission; and WHEREAS, the Town of Wappinger is in the process of seeking authorization from the New York State Comptroller, Department of Audit and Control, to borrow the required funds, NOW THEREFORE BE IT RESOLVED, that the Town of Wappinger Town Board hereby determines that the request to the New York State Comptroller to approve an increase in the maximum funding amount to be expended for the Wappinger Sewer Transmission/Treatment Improvement will not alter any of the previous findings as established in the aforereferenced existing environmental review records, which are considered a part hereof; and Page 11 941227.RGM BE IT FURTHER RESOLVED, that the Town of Wappinger Town Board determines that the proposed action, as described above, will not result in significant adverse environmental impacts and that no additional SEQR review is required. Seconded by Mr. Incoronato Roll Call Vote Vote Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution duly adopted The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO A PROPOSED SEWER IMPROVEMENT AREA, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, KNOW AS THE WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA IN SAID TOWN. WHEREAS, an amended map, plan and report have been duly prepared, including an estimate of cost, in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the construction and installation of various sewer improvements to serve a benefited area in said Town outside the Village of Wappingers Falls, including, but not limited to, the construction of transmission facilities, to be used in combination with existing sewer trunk lines, for the purpose of delivering sewage within Phase One and Phase Two of the Wappinger Sewer Transmission/Treatment Improvement Area to the existing Tri -Municipal Pumping Station located in the Village of Wappingers Falls for further transmission through existing and proposed facilities to the Tri -Municipal Wastewater Treatment Facility, and the construction of an addition to the Tri -Municipal Wastewater Treatment Facility, for the purpose of treating sewage generated, initially, from Wappinger Sewer Improvement Area No. 1 and the Rockingham Farms Sewer District Page 12 941227.RGM with future expansion that will, ultimately, treat sewage generated from the entire Wappinger Sewer Transmission/Treatment Improvement Area, all for the Wappinger Sewer Transmission /Treatment Improvement Area; and WHEREAS, the establishment of the Wappinger Sewer Transmission/Treatment Improvement Area and the capital project proposed therefor, have been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as proposed, the Town Board has determined will not have any significant effects on the environment; and WHEREAS, it now appears that in order to complete the aforesaid improvements an additional $2,610,054.00 must be expended therefor and that the maximum estimated cost thereof is now determined to be $19,630.054; and WHEREAS, an order was duly adopted by said Town Board on December 12, 1994, reciting the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed methods of financing to be employed, the fact tat said amended map, plan and report, including an amended estimate of cost, were on file in the Town Clerk's office for public inspection and specifying the 27th day of December, 1994, at 7:00 o'clock P.M., local time, at the Town Hall, in Wappinger Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the increased cost of the establishment of Wappinger Sewer Transmission/Treatment Improvement Area and said amended map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly Page 13 941227.RGM published and posted in the manner and within the time prescribed by Section 209-q of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said amended map, plan and report and the evidence given at said public hearing; and WHEREAS, said Town Board is required to make determinations required by Section 209-q of the Town Law and to direct the Town Clerk to file an application with the Office of the State Comptroller for permission to increase the cost of the establishment of the Wappinger Sewer Transmission/Treatment Improvement Area; and WHEREAS, the Town Board has reviewed said application; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The application to the Office of the State Comptroller attached hereto as Exhibit A and hereby made a part hereof was prepared at the direction of this Town Board and this Town Board believes its contents to be accurate; b) The establishment of the Wappinger Sewer Transmission / Treatment Improvement Area at the increased cost of $19,630.054 is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof; c) All the property and property owners within the Wappinger Sewer Transmission/Treatment Area, as described in the preambles hereof, are benefited thereby; and d) All the property and property owners benefited are included within the limits of the Wappinger Sewer Transmission/ Treatment Improvement Area. Section 2. The Town Clerk shall, within ten (10) days after the adoption of this resolution, file certified copies of this Page 14 941227.RGM resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, together with the application by this Town Board in duplicate for permission to increase the cost of the establishment of the Wappinger Sewer Transmission/Treatment Improvement Area as provided for by subdivision 5 of Section 209-q of the Town Law of the State of New York. Such application shall be executed by and on behalf of the Town Board by the Supervisor of the Town and verified by the Supervisor and shall be completed in the form, and shall contain such information, as shall be prescribed by the regulations of the Office of the State Comptroller. Section 3. This resolution shall take effect immediately Roll Call Vote: Vote Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted A request for a transfer of funds for Justice Court for its part time employees was received. The Court is trying to meet all of the new legislative requirements and time constraints, with its existing personnel, resulting in the need for additional man hours by part time employees. In order not to be over budget in expenditures line item 1110.1A, Personal Services -Justice Court, the following budget amendments are requested: Increase Revenue: Line 2401A -Interest and Earnings $5,145.00 and Line 2260A -STOP D.W.I. $1,635.00 Increase expenditure; 1110.1A Personal Services -Justice Court $6.780.00 COUNCILMAN VALDATI moved to authorize the above transfer of funds as requested by the Justice Court to cover the salaries of the part-time personnel. Seconded by Mrs Visconti Page 15 941227.RGM Motion Unanimously Carried Mrs. Visconti had some concerns. When the court clerk was hired, it was understood that the court was to give up its part time employees. Mrs. Smith explained that they got rid of all but one. Mrs. Smith further explained that she did check into the hours of the part time employee and they are just under the wire. According to Civil service law, an employee can't work any more that 17 hours. Mrs. Visconti felt that there should be a workshop to discuss this further. Mr. Valdati made the recommendation that the department heads should meet with Town Board Members and go over all records of attendance for various employees. A Public Hearing having been held on November 7, 1994 on the proposed Local Law amending local law #6 of 1991 regulating traffic within the Town of Wappinger by designating additional STOP Streets and intersections at, Wendy Road & Wildwood Drive, Russ Place & Wildwood Drive, Brian Place & Wildwood Drive, Dana Place & Wildwood Drive, Robin Lane & Kent Road. The matter of its adoption was now placed before the Board for their consideration. COUNCILMAN INCORONATO moved to adopt Local Law # of 1994 as follows: LOCAL LAW # OF THE YEAR 1994 A LOCAL LAW AMENDING LOCAL LAW #6 OF THE YEAR 1991 AS AMENDED BY LOCAL LAWS #11 & #12 OF THE YEAR 1991, LOCAL LAW #7 OF THE YEAR 1993, AND LOCAL LAW #3 OF THE YEAR 1994 REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF WAPPINGER Section 1. ADDITIONAL FULL STOP STREETS Section 3 of the Local Law #6 of the Year 1991, a "Local Law Regulating Traffic and Parking within the Town of Wappinger: as amended by Local Law #11 of 1991, Local Law #7 of 1992, Local Law #4 & #7 of 1993, and Local Law # of 1994 is further amended by the adoption of the following additions, revisions and amendments to said section by adding the following as designated full stop street and intersections: Wendy Road at its intersection with Wildwood Drive; Russ Place at its intersection with Wildwood Drive; Brian Place at its intersection with Wildwood Drive; Page 16 941227.RGM Dana Place at its intersection with Wildwood Drive; and Robin Lane at its intersection with Kent Road. Section 2. RATIFICATION. Except as specifically modified and amended by the adoption of the additions, revisions, modifications and amendments set forth above, Local Law #6 of the year 1991 "A Local Law Resulting Traffic and Parking Within the Town of Wappinger", as amended is hereby ratified, confirmed and readopted Section 3. SEVERABILITY. In the event any portion of this Local Law is declared to be unenforceable by a Court of competent jurisdiction, all of the remaining portions shall continue in full force and effect. Section 4. EFFECTIVE DATE. This Local Law Shall Take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Seconded by Mrs. Visconti Motion Unanimously Carried After the Vote, several residents were recognized by the Board with their comments on the above proposed Local Law. Mr. Sardo of Dana Place, felt the STOP signs would not eliminate the problem. Mr. Cortellini of Russ Place felt that stop signs not needed on feeder Road. Mr. Valdati explained to the residents, that if our professionals felt that STOP Signs were necessary for safety of residents and we ignored that, the Town would be liable for ignoring a safety situation. The following resolution was offered by COUNCILMAN VALDATI, who moved its adoption: WHEREAS, the Town Board has recently received a recommendation from the Superintendent of Highways to establish the following full stop street: Crabapple Lane at its intersection with Applesauce Lane. WHEREAS, the Town Board has determined that it is in the best interest of the public health, welfare and safety of the people of the Town of Wappinger to designate and formally establish the aforementioned full stop street. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Page 17 941227.RGM 1. The Town Board hereby introduces for adoption Local Law # of the Year 1995 in the form annexed hereto. 2. 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. 3. The Town Board has caused to be completed Part 1 and Part 2 of the short form EAF for this project in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR, and hereby determines the intended action will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and the Town Clerk is further directed to provide for the filing and distribution of same as provided by law. BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of the Year 1995 to be held at the Town Hall on the 23rd day of January, 1995 at 7:10 P.M. o'clock and that the Town Clerk is direct to post and publish notice of the public hearing in the form annexed hereto. Seconded by Mrs. Visconti ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following resolution was offered by COUNCILMAN VALDATI, who moved its adoption: Page 18 941227.RGM WHEREAS, the Town Board has recently received a recommendation from the Superintendent of Highways to establish the following full stop street: Rock Road its intersection with Pye Lane. WHEREAS, the Town Board has determined that it is in the best interest of the public health, welfare and safety of the people of the Town of Wappinger to designate and formally establish the aforementioned full stop street. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law # of the Year 1995 in the form annexed hereto. 2. 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. 3. The Town Board has caused to be completed Part 1 and Part 2 of the short form EAF for this project in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR, and hereby determines the intended action will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and the Town Clerk is further directed to provide for the filing and distribution of same as provided by law. BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of the Year 1995 to be held at the Town Hall on the 23rd day of January, 1995 at 7:20 P.M. o'clock and that the Town Clerk is direct to post and publish notice of the public hearing in the form annexed hereto. Page 19 941227.RGM Seconded by Mrs. Visconti ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The next item for the Boards consideration is to amend the following Employees Vacation Policy. VACATION: The following vacation plan is for full-time employees, and was implemented in 1990 for new employees: 1 Week after first 6 months; 2nd week after 1 year of service 3 weeks after 5 years of service 4 weeks after 10 years of service 5 weeks after 15 years of service Vacation time will not be before required number of years for such vacation entitlement are completed, Vacation is earned on anniversary date. UNUSED VACATION: Vacation may be accumulated to a maximum of 15 working days. APPROVAL: in order to assure all departments will be properly staffed, request for vacation should be submitted to the Department Head for approval. Where a conflict of dates prohibits proper staffing for any office, dates will be assigned on the basis of seniority. Individuals wishing to change their scheduled time may do so, providing such change does not interfere with the regular work flow of any department. Any request for more than 3 consecutive weeks, must go before Town Board for approval with comments from Dept. Head. COUNCILWOMAN VISCONTI moved to amend the employee vacation Policy, with the Addition; Any vacation request must be made one week in advance in writing. Seconded by Mr. Ruggiero Page 20 941227.RGM Motion Unanimously Carried The next and final item for the Boards consideration is the Change Order from Manfredi Construction for Rock excavation in the amount of $12,105.00, for the rear parking area of the Emergency Services Building COUNCILMAN INCORONATO moved to approve the Change Order from Manfredi Construction for Rock excavation for the rear parking area of the Emergency Services Building in the amount of $12,105.00. Seconded by Mrs. Visconti Motion Unanimously Carried UNFINISHED BUSINESS Because of Site conditions, The O'Donnell Development Corporation has requested the Board grant a permanent & temporary Water & Sewer Easements. Mr. Roberts explained to the Board that it was done under the supervision of Engineer to the Town Jay Paggi. All the necessary papers were in order. COUNCILWOMEN VISCONTI, moved to grant approval for a permanent & temporary easement for The O'Donnell Development Corporation based on the recommendation of Mr. Roberts Attorney to Town. Seconded by Mr. Incoronato Motion Unanimously Carried Correspondence was received from Graham Foster regarding the acceptance of Lane Gate Road, Astor Hill Road and Baker Court. as Town Roads. Mr. Foster has inspected the above Roads, and finds them acceptable as Town Roads. Mr. Roberts, Attorney to the Town also informed the Board that a site condition existed and an additional 8' arc was requested at the southerly terminus of the cul de sac on the main road. COUNCILWOMAN VISCONTI moved, to accept Lane Gate Road, Astor Hill Road, and Baker Court as Town Roads, based on the recommendation of the Highway Superintendent, Graham Foster and Page 21 Attorney to Town Al Roberts. Seconded by Mr. Incoronato 941227.RGM Motion Unanimously Carried COUNCILMAN RUGGIERO questioned Mr. Paggi on his airplane trip over Spook Hill Road to take photos of area. Mr. Paggi informed the Board that the photos are in and the next step is to do control work. COUNCILMAN VALDATI asked on the status of the water for fire protection at the Town Highway. Mr. Valdati was informed that the tanks are in and there is a connection for water. Attorney Al Roberts said there was a problem and the Town does not have the necessary easements yet. It Should be resolved by the end of next month. NEW BUSINESS SUPERVISOR SMITH gave a report on Insurance. The premiums for 1994 were $143,000 and will be $98,000 for 1995. Mrs. Smith is now looking into our Workers Comp. Insurance. We are presently with the County under Consortium and our premiums in the last three years went from $60,000.00 per year to $90,000.00 per year. If we agree to go with Marshall and Sterling on our own and get out of the County, the premiums would be $53,220.00 guaranteed for two years. It would be a great savings. COUNCILMAN INCORONATO moved to authorize supervisor to get out of the County and go with Marshall Insurance for our Workers Comp. Insurance. Seconded by Mr. Valdati Motion Unanimously Carried At this time 8:37 P.M. COUNCILMAN RUGGIERO moved to go into Executive Session. Seconded by Mrs. Visconti. Page 22 Motion Unanimously Carried 941227.RGM The Meeting Reconvened at 9:07 P.M will all Board Members present, there was no action to be taken from the Executive Session. There was no other business to come before the Board. COUNCILWOMAN VISCONTI moved to close the Town Board Meeting. Seconded by Mr. Incoronato and Unanimously Carried The Meeting closed at 9:07 P.M. E aine H. Snowden Town Clerk Page 23 941227 -PH A Public Hearing was held by the Town Board of the Town of Wappinger on December 27, 1994 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the Tri -Municipal Bonding amendment. Supervisor Smith opened the Meeting at 7:00 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Jr., 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). At this time, Supervisor Smith introduced several people from the Tri -Municipal Commission. Chairman, Jim Bain, Attorney, Anthony Quartararo, Engineer from Hayward & Pakan, Don Tomlins, Plant Administrator, Pete Witko, Accountants, Jim Sedor & Mark O'Sullivan, Commissioner Treasurer, Robert Juliano, & Environmental Administrator, Matt Rudikoff. Mrs. Smith explained that this Public Hearing was simply to inform the people of our intention to increase the maximum amount previously approved in 1989. Because of inflation it was determined that the total project cost for the expansion would exceed the original authorization by $2,610.054.00 from the original estimates. She further explained that the increase to residents will be minimal. Even with the higher price tag, Mrs. Smith explained that the customers in the two districts will pay less for construction costs than what was projected in 1991. The cost of the average user was estimated at $423.23 a Page 1 941227.PH year for expansion of the Tri -Municipal plant, but because that estimate was based on the town paying a higher interest rate on the loan than it will actually pay, the average user will be charged closer to $350.00 per year. At this time Mrs. Smith turned the hearing ovar to Jim Bain, Chairman of the Commission Mr. Bain outlined the increases in Bid costs and other areas of projects as related to this hearing. Basically costs were determined on 1990 Bids, and due to inflation, and delays, costs for the expansion would exceed the original authorization by $2.6 million. Engineer to the Town Jay Paggi gave a brief historical background of the sewer district, what it encompasses, and the three districts. He further explained, If we are to exceed the original amount authorized by the controller, an additional application is necessary, along with this Public Hearing. An amended map plan was drafted in 1994, it detailed the increases, the amounts that will be applied for, the reasons for the increase, and the net affect on the Residents. The cost per benefit unit for the capital costs associated with the Tri -Municipal Expansion has decreased from $338.60 to $279.11 Mr. Incoronato had some was concerns regarding the 33% increase how did it happen in four years. Mrs. Smith explained that part of it was due to inflation, the economy, items that were added and them taken out. Engineer to the Town Jay Paggi also explained, because of items required by regulatory agency, inflation, change in bidding dynamics in area. Bids came in 1 million over what we expected. These are several of the reasons for the overrun. Councilman Ruggiero commented that perhaps this was a bad time to have a Public Hearing, due to the holiday, only 6 people were present for this Public Hearing. Mrs. Smith informed Mr. Ruggiero, that there is a time frame to hold the Public Hearing, once the notice of publication is in the newspaper. Mrs. Smith asked if ther were any further question or comments Page 2 941227. PH from the audience. Mr. Hank DiMarco was recognized by the Chair and commented that he was well satisfied with the engineers report. State bids are coming in higher. The project is needed, and the longer the wait the more it will cost. Mr. Bain commented that the SRF loan is & fixed amount, we had spent unplanned money as a result of changes that were made. There were no further comments or questions regarding the Tri -Municipal Bonding Amendment. COUNCILWOMAN VISCONTI moved to close the Public Hearing seconded by Mr. Incoronato, and unanimously carried. The Public Hearing closed at 7:30 P.M. Elaine H. Snowden Town Clerk Page 3 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY; NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE IMPROVEMENT OF THE SEWER SYSTEM IN THE TOWN OF WAPPINGER DUTCHESS COUNTY, NY, IN THE AREA OF THE TOWN OUTSIDE OF THE VILLAGE OF WAPPINGERS FALLS, KNOWN AS THE WAPPINGER/SEWER/TRANSMISSION TREATMENT IMPROVMENT AREA, AND THE MAXIMUM AMOUNT PROPOSED TO BE EXPENDED THEREFOR --------------------------------- STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT POSTING OF ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on December 17, 1994 your deponent posted a copy of the attached notice of Public Hearing in the matter of the Improvement of the Sewer System in the Town of Wappinger, Dutchess County, New York, in the area of the Town outside of the Village of Wappingers Falls, known as the Wappinger Sewer Transmission/Treatment Improvement Area, and the Maximum Amount Proposed to be Expended Therefor, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York. CIA. 4Eai4ne. Snowden Town Clerk Town of Wappinger Sworn to before me this day of December 1994 .LIYr�.�sl Notary Pu is valm J. LEVENSON NOt� P1- — State of New York No. 4MI42 pusimled In putnsrn County pommission Expires AP61 200 Page 18 Southern Dutchess News 914197-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 t AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. .... Joan Miller of the ........................................ Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ........ of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for ..one „weeks successively in each week, commencing on the ...21st day of December .. 19.94 and on the following dates thereafter, namely on .................... and ending on the .. 1st day of .,Dec: 1994. both days inclusive. Subscribed and sworn to before me this ... 2,1 s t. , day of..Dec ... 1 � •94D ............ Notary Public My commission expires .............GH. �tAE'� 'NOTARY PUBLIC, STATE OF WIN YORK OUALIFIiO It! C!C'ta.';SS COUNTY # 14-118552,'C2 Ci?MMISNON EXPIW OXIi At. ai� 0 03-008 ,T"hw Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION Stats of New York County of Dutchess City of Poughkeepsie Rita Lombardi . of the City of Poughkeepsie. Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper foorne insert weeks sucessively, in each week, commencing on the 17th. day of Dec. 19 94 and on the following dates thereafter, namely, on: And ending on the day of '19 both days inclusive. Subscribed and sworn t before e thi C) day o 19 L'L— Notary Public My commission expires d