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2007-02-26 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting February 26th, 2007 8:00 PM Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 8:00 PM Meeting called to order on February 26th, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Minutes Approval 1. Monday, January 22, 2007 III. Correspondence Log 2007-58. Resolution Authorizing the Acceptance of the Correspondence Log IV. Public Portion V. Discussion A. Fleetwood Water District Rates - Jay Paggi B. Carnwath Farms - Don Swartz C. Workplace Violence Act - Judy Mayle D. Robinson Lane Fencing - Bruce Lustig VI. Resolutions 2007-51. Resolution Authorizing Purchase Order for Recreation for Fencing for Robinson Lane Tabled 2/12/2007 7:30 PM 2007-59. Resolution Authorizing Town Clerk to Attend Conference 2007-60. Resolution Authorizing Purchase Order for Portable Restroom Rentals 2007-61. Resolution Authorizing Bids for the New Hackensack Road Water Main Extension 2007-62. Resolution Authorizing Highway Superintendent to Advertise for Bids for Various Highway Supplies 2007-63. Resolution Calling a Public Hearing on the Increase and Improvement of the Facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York 2007-64. A Resolution Authorizing the Replacement of Fuel Tanks at Certain Town Facility Sites, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $40,000 and Authorizing the Issuance of $40,000 Serial Bonds of Said Town to Pay the Cost Thereof. 2007-65. Resolution of Support for Explore NY 400 VII. New Business VIII. Adjournment Town of Wappinger Town Board Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson (845) 297-5771 Monday, February 26th, 2007 8:30 PM Town Hall Call to Order Supervisor Ruggiero called the Meeting to order at 8:30 PM. Attendee Name ; Oizatan i Title j Status i Arrived _I Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Minutes Approval 1. Monday, January 22nd, 2007 2. Motion To: approve the Minutes for 01-22-07 and place them on file RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Correspondence Log RESOLUTION: 2007-58 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007 Pes/Aye No/Nay Abstain Absent 0 Adopted Joseph RuWero Voter ® ❑ ❑ ❑ ❑ Adopted as Amended _. William Beale _- m Voter -� ® �_r-� ❑ _.._ ❑ ❑ LL ❑ Defeated Vincent Bettina Voter ® 1 1 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder ® + ❑ ❑ ❑ Joseph Paoloni Initiator ® i ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26th, 2007 The Resolution is hereby duly declared adopted. Public Portion Supervisor Ruggiero opened the floor for public comment on the agenda items at 8:32 PM. There were no comments from the public. Town of Wappinger Page I Printed 3/912007 Town Board Meeting Minutes February 26, 2007 V. Discussion A. Fleetwood Water District Rates - Jay Paggi Supervisor Ruggiero opened the discussion at 8:33 PM. Jay Paggi, Town Engineer, then began to discuss the topic. Back around March of 2006, the Village of Fishkill raised the rates that it charges the Town of Wappinger for bulk water purchase for the Fleetwood Water District. The old rate was $10.73 per thousand cubic feet. The new rate is $13.42 per thousand cubic feet. That necessitated a raise in the rate that the Town of Wappinger charged the Fleetwood residents for the calendar year 2007. The rate increased from $48.40 to $57.85. It was a raise of $9.45. Councilman Bettina asked what Mr. Paggi attributes the increase to. Mr..Paggi replied that it is solely attributed to the raise in the rate that the Village of Fishkill charges the Town of Wappinger for bulk purchase. Supervisor Ruggiero added that, last year, the Town used fund balance to help offset the unanticipated rate increase. Discussion followed. Mr. Paggi went on to say that the rate that the Village of Fishkill charges the Town of Wappinger is the same rate that it charges the residents of the Village of Fishkill. Supervisor Ruggiero asked if there were any Fleetwood residents in attendance. There were none. He then closed the discussion at 8:35 PM. B. Carnwath Farms - Don Swartz Supervisor Ruggiero opened the discussion at 8:35 PM. Don Swartz, of The Swartz Architectural Group, was present to update the Board on the progress at Carnwath. Mr. Swartz used a slideshow to help illustrate the repairs made and current conditions at the Mansion. Councilman Paoloni asked if the condition of the roof was sound enough that the new wood would not be ruined from rain and snow. Mr. Swartz answered that they had done some temporary patching prior to the onset of winter. He was not aware of any water coming in. Mr. Swartz continued with the presentation. At the conclusion of the slideshow, Mr. Swartz, Larry Holzapfel of QuES&T, and Joe Manfredi of William Manfredi Contruction Corp. discussed the next steps to be taken. Councilman Bettina asked how much the Town has spent to date. Mr. Paggi replied that, including the fencing for the Mansion, the construction work on the first floor by Manfredi, the abatement work done on the first floor by ACA, the testing done by QuES&T on the first floor and the soft -costs for Don Swartz's office, Di Salvo Ericson Group and Paggi, Martin & Del Bene, the total is approximately $145,950. Councilman Bettina followed up by asking for a running tally, from the time of purchase of the building, of the costs to clean these buildings. Councilman Beale asked if the windows in the building were in tact or needed to be replaced. Mr. Swartz replied that they are no worse now than when they were covered up. They would be serviceable, but he would not plan on using them permanently. Councilman Beale then asked if anyone noticed any structural issues that arose from all of the new snow that has fallen. Mr. Manfredi answered that he didn't see much snow on the roof or any water coming in. Mr. Swartz turned the discussion to the Carriage House. He provided the Board with a handout and began discussing the actions taken since last presentation. At the last Board Meeting, the Board asked that estimated expenses be provided for discussion at this week's Meeting. Mr. Swartz provided the estimates and discussed them in detail. He compared the cost of repairing the structure with replacing the building with a new one. The existing Carriage House is approximately 6400 square feet. The plans for a new structure call for a Carriage House measuring about 1800 square feet. The grand total of demolishing the existing Carriage House and replacing it with a new Carriage House is $1,165,465. The grand total to renovate the existing Carriage House is $1,107,186. Councilman Paoloni stated that it all depends on what the $804,300 building will look like. Councilman Bettina added that he would have to see a rendering to make the decision. Mr. Swartz described what the building would look like. Councilman Beale stated that he didn't want the Town Board to bite off more than it could chew. The Mansion project is going to be such a large project and the Carriage House could be a large project as well. He thinks it may have come to the point where the Town should think about focusing on one building. If he had to choose one, it would be the Mansion. Councilman Paoloni mentioned that the renovated building would be triple the size of the new building, which has a value to it regardless of the given use. Supervisor Ruggiero replied that the Town is currently using the building as a storage site for equipment, but that doesn't mean that's the intended long-term use. During the Master Plan discussions, different ideas were discussed as far as possible uses for the Carriage House. Discussion followed. Councilman Bettina stated that he did not want to spend any more money without seeing what it would look like. Councilwoman McCarthy asked what led to the decision to fill in over 40 windows. Mr. Swartz replied that they would need to either put a window back in it or fill it in. In terms of long-term maintenance, and because there is no need for that much sunlight, it would be best to fill the windows. Councilwoman McCarthy brought up the point that future uses of the building, according to the Master Plan, may be limited if the windows were filled with brick. Councilman Beale asked if the contractors felt confident that the structure has not shifted with all of the snow Town of Wappinger Page 2 Printed 3/9/2007 Town Board Meeting Minutes February 26, 2007 fall. Mr. Manfredi replied that snow has come in on the second floor but he has not noticed any shifting. Councilman Bettina then commented that, if the building has not collapsed by now, it is not going to collapse. Mr. Manfredi confirmed that it would not collapse assuming there wasn't any further rotting of the wood and that the shoring is corrected. The hip work has to be done immediately though. Supervisor Ruggiero added that he was worried during the snowstorm before last that the building would not be able to handle the snow load. He feels that the Town is on "borrowed time". Councilman Bettina pointed out that the Galleria Mall, built by today's standards, had a collapse during these last snow storms, yet the Mansion is still standing. He went on to say that he was led to believe that the Mansion was in imminent danger of collapsing. Mr. Swartz asked Mr. Conlon if there was anything to make him change his opinion of the Carriage House roof. Mr. Conlon replied that there wasn't. Supervisor Ruggiero asked Mr. Conlon if he felt that the building was not in imminent danger of collapse. Mr. Conlon replied that he could not rationalize a sensible mechanism that the roof is holding itself up with. He explained that the tension ring, which binds the roof together, has been destroyed by deterioration. He added that something is holding the roof up, but he cannot rationalize what it is. Mr. Manfredi commented that he would not walk in the building. Councilman Bettina then stated that he would like to see a sketch of what was being proposed. He'd like to know what the Town would be doing with the building. He didn't want to build the Carriage House just for the sake of building it. Supervisor Ruggiero commented that the Board has adopted the plan calling on the different visions for each of the buildings. In the meantime, he added, the Board needs to give the contractors direction to either knock the building down for $200,000 or to do the emergency work for $88,000. Councilman Bettina asked again that a sketch of how the money is being spent be submitted. Supervisor Ruggiero replied that he agreed, but added that the sketch needs to be submitted quickly. They can come in for a Special Board Meeting. Mr. Manfredi pointed out that the proposed Carriage House would look a lot like the Emergency Services Building adjacent to the Town Hall. Mr. Bettina again stated that he would like to see the sketch before spending any more money on it. Discussion followed. Councilman Beale asked when the three floors and the ceiling of the third floor would be completed. Mr. Manfredi replied that he hoped to be done by the end of March. He observed that the second floor was in great shape and was hoping that the third floor was as well. There is no telling what the third floor ceiling will look like though. Councilman Beale asked if it was feasible for the Board to wait for the emergency work in the Mansion to be completed to see what the total expenditures are going to be. Councilwoman McCarthy asked if the emergency work had to be completed in a certain amount of time for it to be considered emergency. Supervisor Ruggiero replied that she was correct. She added that she thought the projects were going to be done in tandem and is frustrated that that is not happening. Mr. Swartz explained that they have been working on the projects in tandem. The design work is done and they are now waiting on authorization to proceed. Supervisor Ruggiero explained that the Board asked for a cost comparison analysis between demolition and reconstruction. Councilman Paoloni stated that he did not think that was part of the conversation on the 27`h of January. Discussion followed. Mrs. McCarthy commented that there are two options. Either the building needs to be razed or the workers need the green light to begin the work. Mr. Swartz added that Mr. Manfredi would be ready to start on the $88,000 repairs within two days. Councilwoman McCarthy stated that she would like to be able to tell him to start. Councilman Paoloni pointed out that this vote was not on the agenda. He went on to say that it needed unanimous consent to be added. Supervisor Ruggiero replied that it did not. Councilman Paoloni suggested that the Board continue to discuss the issue, but he was not prepared to vote at the moment. Supervisor Ruggiero asked what information the Board needed that wasn't available at the moment. Councilman Beale answered that, in an ideal world, he would like to know how much will be spent on the Mansion before making the decision on the Carriage House. Councilman Bettina said that he is not going to rush into the decision. He would like to see the sketch and was not willing to vote on this at this meeting. Discussion followed. Councilman Paoloni commented that he was sure this was already decided on at the January 27`h meeting. Supervisor Ruggiero agreed and read the resolution that was adopted at that meeting. He then directed the contractors to begin the $88,000 emergency renovation of the Carriage House. Councilman Paoloni asked if the statement that the emergency situation at the Mansion was still not over because they haven't yet reached the third floor is still correct. Mr. Conlon stated that he has not yet assessed the second or third floor or the roof. Supervisor Ruggiero added that the State of Emergency still exists in the Mansion. Councilman Beale asked if the fencing could come down after the $88,000 work was completed. Supervisor Ruggiero replied that, ideally, it could. Mr. Manfredi went on to remind the Board that they had the fence for six months. It could stay up because it is going to be a construction site anyway. Mr. Swartz asked if the Board needed any more information on the Carriage House at the time. Supervisor Ruggiero replied that it did not but Mr. Swartz was to provide the sketch that was previously asked for. Councilman Paoloni commented that he would like to walk the area to aid with discussion on what to do with the building. Discussion on when the walk-through should take Town of Wappinger Page 3 Printed 3/9/2007 Town Board Meeting Minutes February 26, 2007 place followed. Supervisor Ruggiero then closed the discussion at 9:47 PM. C. Workplace Violence Act - Judy Mayle Supervisor Ruggiero opened the discussion at 9:47 PM. Judy Mayle, of the law firm Donoghue, Thomas, Auslander & Drohan, was present to discuss the Workplace Violence Act. Last year, the Legislature changed the regulations under Labor Law 27(b) to implement workplace violence programs. It requires that all municipalities adopt some sort of program or risk assessment by March 4th, 2007. Mrs. Mayle provided the Board with copies of a Workplace Violence Policy, a Workplace Violence Prevention Program and other various attachments such as an employee survey. Generally, all municipalities are required to do a risk assessment. They are to do a physical survey of the facilities and identify what factors might exist that would expose the employees to violence, homicide or assault. The second component of the Law states that any municipality employing twenty or more full-time individuals must, in tandem, adopt a Workplace Violence Prevention Policy Program. Those Towns would identify a program that trains employees on how to recognize and deal with violence in the workplace. They would also establish a policy on what the Town would do in terms of addressing workplace violence. Mrs. Mayle then gave examples of what might be considered areas and conditions of high risk. She also mentioned ways in which those scenarios may be addressed. The Board would have to decide who would be responsible to implement the program on a daily basis, who would be responsible of taking reports if there were any incidences, and who would do the actual risk assessment and the physical surveys. It is also important to note that the risks are not only present within the walls of the particular facilities. There are also risks on the road for example. Discussion followed. Mrs. Mayle clarified the March 4th deadline. Councilwoman McCarthy asked if the Labor Department provided training. Mrs. Mayle suggested that the Board could contact the Town's insurance carriers. They could help do the actual assessment of the buildings. Any security firm or police agency that the Town may deal with could help with the security assessment. Since there were no further questions from the Board, Supervisor Ruggiero closed the discussion at 9:57 PM. D. Robinson Lane Fencing - Bruce Lustig Supervisor Ruggiero opened the discussion at 9:57 PM and introduced Bruce Lustig, a Town of Wappinger Recreation Commission member. Mr. Lustig is the acting Chairman while Mr. Holt is on vacation. Supervisor Ruggiero notified Mr. Lustig that the Board had some questions about the fencing Resolutions when they were on the agenda for the last meeting. Councilman Paoloni remarked that there were two Resolutions. He had no issue with the Robinson Lane fencing issue and it would have probably gone through if not for all of the questions about the Castle Point Park fencing Resolution. Supervisor Ruggiero clarified that his office omitted the Castle Point Resolution from this agenda. Mr. Lustig explained the need for the fencing at Robinson Lane and that it was a safety issue. The Town had built a new dugout at Holt Field and could not use the field without this safety fence. Councilman Paoloni again stated that he had no issue with this particular project. Supervisor Ruggiero asked if Mr. Lustig could speak about the Castle Point Park fencing project. Mr. Lustig answered that he did not know the particulars, but he did know that the Town was in the process of rehabilitating the fields at Castle Point. It would be beneficial to put a fence in the outfield. The Town has old fencing at Robinson Lane that could be utilized. Supervisor Ruggiero asked how the Town had unused fencing laying around. He asked what was taken down that resulted in this supply of old fencing. Mr. Lustig replied that he wasn't sure. Councilman Paoloni added that the bids were not consistent. Some firms bid using new fencing and others bid to.use old fencing. Councilman Paoloni recommended moving forward with the Robinson Lane Resolution while leaving the Castle Point Resolution tabled. Supervisor Ruggiero closed the discussion at 10:00 PM. VI. Resolutions 1. Motion To: untable resolution 2007-51 RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: VincentBettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 4 Printed 3/9/2007 Town Board Meeting Minutes February 26, 2007 RESOLUTION: 2007-51 Resolution Authorizing Purchase Order for Recreation for Fencing for Robinson Lane WHEREAS, the recreation committee has requested a purchase order for installing fencing at Robinson Lane, and WHEREAS, the recreation Commission received bids as follows: DiPiet Fence Co. Inc. $1,220.00 A-1 Fence Co. Inc. $1,591.00 Mid -Hudson Fence Co. $1,740.00 WHEREAS, the Recreation Committee has requested a purchase order in the amount of One Thousand, Two Hundred Twenty and 00/100 Dollars ($1,220.00) payable to DiPiet Fence Co. Inc. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of One Thousand, Two Hundred Twenty and 00/100 Dollars ($1,220.00) payable to DiPiet Fence Co. Inc. from Account T-33 ( Park Land Trust and Agency), in accordance with a letter dated February 5th, 2007, from Joseph Ennesser. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007 -SI, 0 YWAye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ r ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled d Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn MaureS!jMcqarthy Seconder 0 ❑ l.. ❑ ❑ Withdrawn Jos h Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-59 Resolution Authorizing Town Clerk to Attend Conference WHEREAS, Town Clerk Chris Masterson has requested authorization to attend the New York State Town Clerks Association Annual Conference to be held April 29th to May 2nd in Rochester, New York. THEREFORE, BE IT RESOLVED, That Town Clerk Chris Masterson is hereby authorized to attend the New York State Town Clerks Association Annual Conference to be held April 29th to May 2nd in Rochester, New York at a cost not to exceed Four Hundred Forty-one Dollars and 00/100 ($441.00). The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES4007-59 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter ® 1 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ Tabled efeated Vincent Bettina Voter ® f ❑ i ❑ ❑ ❑ ❑ Maureen McCarthyInitiator 0 ❑ l.. ❑ ❑ Withdrawn - Joseph Paoloni Voter 0 � ❑� � _ ❑ Dated: Wappingers Falls, New York February 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-60 Resolution Authorizing Purchase Order for Portable Restroom Rentals WHEREAS, the Recreation Committee has requested a purchase order for the rental of Portable Restrooms, and Town of Wappinger Page 5 Printed 3/9/2007 Town Board Meeting Minutes February 26, 2007 WHEREAS, the Recreation Commission received bids as follows: Regular Units Handicap Units Total for Year Portable Restroom Rentals $62.50 a month $82.50 a month $5,175.00 Superior Sanitation $79.00 a month $124.00 a month $6,837.00 EnviroClean Porta Potty $85.00 a month $170.00 a month $7,905.00 Jones Septic No Reply WHEREAS, the Recreation Committee has requested a purchase order in the amount of Five Thousand One Hundred Seventy Five Dollars and 00/100 ($5,175.00) to Portable Restroom Rentals NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of Five Thousand One Hundred Seventy Five Dollars and 00/100 ($5,175.00) to Portable Restroom Rentals from Accounts A-7110.404, and B-7310.409 in accordance with a memo dated February 21 st, 2007, from Ralph Holt, Chairman to the Recreation Commission. The foregoing was put to a vote which resulted as follows: vote Rword - ResoinHon RES -2007 60 Deputy Town Clerk of the Town of Wappinger for the New Hackensack Road Water Main Extension; and WHEREAS, bid were received as follows: Thomas Gleason, Inc. $253,300.00 Nenni Equipment Co. Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter m ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder m ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator ® ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-61 Resolution Authorizing Bids for the New Hackensack Road Water Main Extension WHEREAS, bids were opened on February 20, 2007, and reviewed by Denise Macio, Deputy Town Clerk of the Town of Wappinger for the New Hackensack Road Water Main Extension; and WHEREAS, bid were received as follows: Thomas Gleason, Inc. $253,300.00 Nenni Equipment Co. $354,925.00 Grant Street Construction, Inc. $439,439.00 HB Wiltse Excavating $446,999.00 Coyle Industries, Inc. $448,875.00 Jablonski Excavating $528,320.00 DBen Ciccone, Inc. $619,300.00 WHEREAS Joseph Stankavage, of Paggi, Martin and DelBene, has provided an award recommendation to the Town Board NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Contract for the New Hackensack Road Water Main Extension is hereby awarded to Thomas Gleason, Inc. for an amount not to exceed Two Hundred Fifty- three Thousand, Three Hundred Dollars ($253,300.00) in accordance with the award recommendation letter dated February 21, 2007, from Joseph Stankavage of Paggi, Martin and DelBene, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said contract on behalf of the Town of Wappinger. Town of Wappinger Page 6 Printed 3/9/2007 Town Board Meeting Minutes February 26, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record;,- Resolution RES -2007.61 ❑ Adopted _. Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter® 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter ® ❑ ❑ ❑ 0 Tabled Vincent Bettina Initiator ® 1 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Next: Mar 12, 2007 8:30 PM Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-62 Resolution Authorizing Highway Superintendent to Advertise for Bids for Various Highway Supplies WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has requested in his letter dated January 25th, 2007, a copy of which is attached hereto, to go out to bid for various supplies and services for the Highway Department for 2007 NOW, THEREFORE, BE IT RESOLVED, Highway Superintendent Graham Foster has been authorized to go out to bid for various supplies and services for the Highway Department for 2007. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007.62 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 3 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 { ❑ ❑ ❑ ❑ d Maureen McCarthy Voter 0 ! ❑ i ❑ 11 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-63 Resolution Calling a Public Hearing on the Increase and Improvement of the Facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York (the "Water District"), being the construction of a water main extension along New Hackensack Road, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $335,000; and WHEREAS, said capital project 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 ("SEQRA"), the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects and the documentation relating to SEQRA is available in the office of the Town Clerk for inspection during normal office hours; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Water District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, in Wappinger, New York, Town of Wappinger Page 7 Printed 3/9/2007 Town Board Meeting Minutes February 26, 2007 in said Town, on March 121}i, 2007, at 7:30 P.M., Prevailing Time, on the question of the increase and improvement of the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2007.63 Adopted Yes/Aye No/Nay Abstain Absent ® Jos h RuUiero Voter_ El ❑ ❑ ❑ 11 Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated __._ _-- Vincent Bettina _. Voter 0 ❑ _. ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ JosehPaoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-64 A Resolution Authorizing the Replacement of Fuel Tanks at Certain Town Facility Sites, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $40,000 and Authorizing the Issuance of $40,000 Serial Bonds of Said Town to Pay the Cost Thereof. BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The replacement of fuel tanks at certain Town facility sites, in and for the Town of Wappinger, Dutchess County, New York, including removal of existing tanks and other incidental expenses in connection therewith, is hereby authorized at a maximum estimated cost of $40,000. Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of $40,000 serial bonds of said Town hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. 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 the 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 5. Subject to the 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, form 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 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of Town of Wappinger Page 8 Printed 3/9/2007 Town Board Meeting Minutes February 26, 2007 such Town. 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 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. 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 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. Section 8. 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 9. This resolution, which takes effect immediately, shall be published in full or summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 8 1. 00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record = Resolution RES -3047-64 0 Adopted Yes/Aye { No/Nay Abstain Absent ❑ Adopted Amended Joseph Ruggiero Voter El ❑ ❑ ❑ as William Beale Voter ® I ❑ ❑ ❑ d ❑ Tabled Vincent Bettina seconder ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator ® I ❑ ❑ ❑ Joseph Paoloni Voter ® 1 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-65 Resolution of Support for Explore NY 400 WHEREAS, the New York State Hudson -Fulton -Champlain Quadricentennial Commission was established under Chapter 590 of the Laws of 2002, to plan, develop and coordinate the 400th anniversary in 2009 of the voyages of exploration made by Henry Hudson and Samuel de Champlain as well as the 200th anniversary of Robert Fulton's steamship voyage up the Hudson River; and WHEREAS, these historic voyages of exploration in 1609 would change the world forever and lead to the European settlement of the New World and the innovation of steam travel and commerce in 1807, establishing the Hudson River and Lake Champlain as a corridor of trade, communication, politics and ideas, and that further, this vital north -south corridor of water created other water links such as the Champlain and Erie Canals, which provided opportunities inland and encouraged the westward movement through these water routes; and WHEREAS, the State and the Federal governments recognize the voyages of exploration and invention to be of historical importance and significance to New York State and the nation and recognize the tradition to observe these contributions made by Hudson, Fulton and Champlain by commemorating these events in 2009. NOW, THEREFORE, BE IT RESOLVED that as an Explore NY 400 Community, the community may use the Explore NY 400 logo, link to the Explore NY 400 website, and may be eligible for either state or federal grant money to assist in Quadricentennial planning, events, and legacy projects; and BE IT FURTHER RESOLVED that the Town of Wappinger supports the mission of the Hudson -Fulton -Champlain Commission and requests designation as an Explore NY 400 Community, and will be an active partner by establishing an Explore NY 400 Committee, and will cooperate to its fullest with the Commission in making the 400th anniversary a successful historic New York State event. Town ofWappinger Page 9 Printed 3/9/2007 Town Board Meeting Minutes February 26, 2007 The foregoing was put to a vote which resulted as follows: Mata--Reaoi ti Rmlation R 207-0' Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter• ® ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ l7 ❑ Withdrawn Joseph Paolom Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26th, 2007 The Resolution is hereby duly declared adopted. VII. New Business 1. Beale New Business Councilman Beale discussed the situation that occurred on Tuesday, February 20th, 2007. There was an incident at Applebee's Restaurant in which a person fell and was injured. Instead of calling 911, someone called the seven digit direct phone number to Mobile Life Service Support, Inc. This person also happened to work part-time for Mobile Life. Mobile Life then responded to the call. This is a practice that Mobile Life is practicing not only in Dutchess County, but in Orange County as well. Mobile Life has a Certificate of Need for the region and can, under the New York Department of Health, respond to any call in the County as long as Legislation has not been passed prohibiting them. Councilman Beale added that Long Island has passed legislation to put an end to this type of practice. Supervisor Ruggiero further explained this specific situation. There were two calls that were placed at the scene. One call was to 911 and the other was to Mobile Life. TransCare responded to the scene first, but a confrontation between the two service providers then took place. Councilman Beale commented that making direct calls to Mobile Life circumvents the 911 system, which takes away the ability to include all agencies that need to be notified of the situation. Supervisor Ruggiero asked the Town Attorney to look into drafting a Law that sets standard operating procedures. Councilman Beale agreed that this would be beneficial, but added that the Town needs to make a statement against this practice. He went on to say that this goes against all ethics in the EMS field. Councilman Beale was contacted by the Mobile Life supervisor. That Mobile Life supervisor stated that he would not change the way that they are operating. Councilwoman McCarthy asked if the Town should also be working with the Dutchess County Legislature on this. Councilman Beale replied that he has been in touch with Legislator Rolison, Chairman of the Public Safety Committee. He agrees that this is an issue that the County Legislature can assist with. Legislator Higgins, whose area of representation includes sections of Wappinger, has mentioned to Councilman Beale that he would be interested in co -sponsoring this legislation. Al Roberts, Attorney to the Town, recommended filing a complaint to the authorizing agency that gave Mobile Life the certificate of need. Discussion followed. Councilman Beale then discussed the situation that occurred at the Montclair Townhouse Complex on Valentine's Day. He asked if the Town was obligated to look at the other buildings in the complex. George Kolb, Director of Code Enforcement, explained how the Town is obligated and the steps that are currently being taken to act in accordance with those obligations. Discussion followed. Jay Paggi, Engineer to the Town, asked to comment on the situation at Montclair. On September 11th, 2005, Mr. Paggi received a phone call from the Supervisor directing him to meet Mr. Travis at Montclair in response to reports of an explosion. Several emergency agencies and utility companies also responded to the scene. Mr. Paggi inspected the units that were in question. He determined that the failures in the brick and plaster walls did not occur that morning. They were rather old cracks. He then inspected the attic area. He did not observe any failures that had happened that morning. He did observe that the roof was "wavy". He did not think that that had anything to do with the reports of an explosion. He did think that it had to do with the pitch of the roof and the fact that the fascia boards were pushed out. Mr. Paggi noted those conditions and recommended that someone follow up on it. Supervisor Ruggiero asked if this report was passed off to Mr. Travis, Code Enforcement Officer, and Mark Liebermann, Fire Inspector. Mr. Paggi replied that he gave it to Mr. Travis and not Mr. Liebermann. Supervisor Ruggiero clarified that Mr. Travis then handed the issue off to Mr. Liebermann. Councilman Bettina asked Mr. Paggi if he ever followed up on the issue. Mr. Paggi replied that he did not. Supervisor Ruggiero pointed out that neither Mr. Travis nor Mr. Liebermann work for Mr. Paggi. The recommendation was in the report but was never acted on. Mr. Paggi explained that those Town employees did not have a responsibility to get back to him or his firm. Discussion followed. Town of Wappinger Page 10 Printed 3/9/2007 Town Board Meeting Minutes February 26, 2007 2. Bettina New Business Councilman Bettina brought up the situation at Whitegate Condominiums. Mr. Paggi stated that during the afternoon of Monday, February 19'h, 2007, he received a phone call from Supervisor Ruggiero. Supervisor Ruggiero informed Mr. Paggi that there was an incident at the condos. Mr. Paggi met Mark Liebermann, Town Fire Inspector, and Glenn Kramer, of Hughsonville Fire Department, at the scene. They went into building 18 and proceeded to inspect the building. He reported obvious failures in the building. Three or four units on the east side of the building were vacated. He noticed "similar, but better" conditions in buildings 19 and 20. Mr. Paggi recommended that each building in Whitegates be studied by an engineer. He attached a two week timeline for that report. Councilman Bettina asked which engineer would be doing that report. George Kolb, Director of Code Enforcement, replied that it was Mr. Ninni. Councilman Bettina then mentioned that he had received calls from constituents expressing concern over the Chelsea Ridge complex. The residents are claiming that new roofs are being installed. They are concerned after seeing all of the reports of roof failures in the area. Councilman Bettina asked if permits have been filed and if the Town is overseeing the work. Mr. Kolb replied that he would check with Mr. Liebermann. 3. Ruggiero New Business Supervisor Ruggiero thanked the Board for coming to the "40 Under 40" Awards Ceremony. VIII. Adjournment 1. Motion To: adjourn at 10:36 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 10:36 PM. J n C.asterson Town Clerk Town of Wappinger Page 11 Printed 3/9/2007