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2002-06-19 SPMEn '"1 06/19/2002.SPM A Special Meeting of the Town Board of the Town of Wappinger was held on June 19, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. The purpose of the Special Meeting is to award a contract for Tick Spraying for the Town Parks, informational meeting to discuss Tall Trees and Montclair Water Improvement Area and to discuss Cranberry Subdivision. SUPERVISOR RUGGIERO opened the meeting at 7:40 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived 8:55 p.m.) Christopher Colsey, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Mike Tremper, CAMO Pollution David Stolman, Town Planner Absent: Joseph,Paoloni, Councilman RESOLUTION NO. 2002-199 v� �c) �l..... RESOLUTION AWARDING CONTRACT FOR TICK CONTROL SPRAYING The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Recreation Committee recommends the spraying of the Town of Wappinger Recreation Areas for the control of ticks; and WHEREAS, the Recreation Committee has received bids for tick control spraying at Castle Point Recreation Area, Rockingham Park, Robinson Lane Park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area; and WHEREAS, Ralph J. Holt, Chairman of the Town of Wappinger Recreation Committee, 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 tick control spraying in June 2002 at Castle Point Recreation Area, Rockingham Park, Robinson Lane park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area is hereby awarded to Waverly Pest Control doing business at P.O. Box 1231, Wappingers Falls, NY 12590, for the price of 1 VIM.1 `W 06/19/2002.SPM Four Thousand, Four Hundred and Ninety Five Dollars ($4,495.00), from Recreation Account No. A-7110.4, in accordance with the award recommendation letter dated June 5, 2002 from Ralph J. Holt, Chairman of the Town of Wappinger Recreation Committee, to Supervisor Joseph Ruggiero. 3. The Contract for tick control spraying in late July/early August 2002 at Castle Point Recreation Area, Rockingham Park, Robinson Lane park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area is hereby awarded to Waverly Pest Control doing business at P.O. Box 1231, Wappingers Falls, NY 12590, for the price of Four Thousand, Four Hundred and Ninety Five Dollars ($4,495.00), from Recreation Account No. A-7110.4, in accordance with the award recommendation letter dated June 5, 2002 from Ralph J. Holt, Chairman of the Town of Wappinger Recreation Committee, to Supervisor Joseph Ruggiero. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Joseph Paoloni, Councilman Voting Absent Christopher Colsey Voting Aye The Resolution is hereby duly declared adopted. • Tall Trees & Montclair Water Improvement Area. SUPERVISOR RUGGIERO explained that when he first came into office in January it came to his attention that there was a severe water problem facing the residents of Montclair Condominiums. He was given a leaflet that was distributed to the residents and was made aware that water had been trucked into Montclair since late fall. He was told this situation had been going on for several months. For several years wells along the Route 9 corridor have been experiencing problems in keeping up with the well production that they traditionally had, as we are seeing in the Chelsea Ridge Apartments, Montclair, Fleetwood, and Tall Trees area. We are now looking into possible solutions. The Town Board has authorized the Engineer to the Town to provide a Desk Top Study in order to bring water to that region for the Montclair and Tall Trees area, because they seemed to be under the most duress at the time of our study. This is in the early stages of planning and is step one in a series of fifteen or twenty steps in order to implement such a plan. It must first go to Albany and be approved by the State Comptroller and then to Audit and Control to see if K N"60 06/19/2002.SPM it is a viable plan. The district would have to be approved and then we would have to go out to bond. We are some twenty to thirty months away from this being a reality if we decide to go forward. Supervisor Ruggiero had received numerous calls since January regarding the water problem in the Montclair area. Due to a severe drought in early winter and up until recently, he has had staff meetings once a week with the town professionals to get an update on the status of each of the Towns water districts. We have eight districts in the Town, and of the eight districts, it was reported that the well production in the Tall Trees District was marginal and there was concern if production keeps declining we may have to truck water to Tall Trees. He has been issuing an Executive Order declaring a water emergency in that district. It is the only municipal district that is under a mandate to ban outside water use. At this time, Jay Paggi, Engineer to the Town gave a presentation on the proposed extension of the Joint City/Town of Poughkeepsie Water System that would serve the Tall Trees Water District area of 82 users and allow the connection of 296 users in Montclair. Mr. Paggi explained that a drought condition had existed over the last several years, and was due to the amount of water available in the geographic area of the western portion of Wappinger. The aquifer can only hold so much water. We know historically, in this area that there have been problems with municipal water supplies that have bed rock wells. Mr. Paggi explained the proposed improvements would consist of 8" diameter ductile iron pipe from the Town of Poughkeepsie to the existing Tall Trees System (2,500 LF); a subsurface stream crossing of the Wappinger Creek; a booster pump station; 8" diameter ductile iron pipe from the Tall Trees tank site to the proposed Montclair tank site (500 LF); a 200,000 gallon elevated storage tank; 82 individual meters; one master meterpit for Montclair; and 60 individual pressure reducing valves. The total capital cost to construct the proposed improvements are estimated to be $1,975,000. It is estimated that the Tall Trees Water District would comprise a total of 378 benefit units. He explained that this was the most environmentally sound route for providing a long term water supply to Tall Trees and Montclair area. Mr. Paggi went over the cost to each homeowner for the proposed water connection. According to the most recent data available, the projected District benefit units are as follows: • Existing Tall Trees District 82 Single Family Residential Units x 1.0 B.0 ........................82.0 B.U. • Montclair Townhouses 296 Condominium Apartment or Multi -Family Dwelling x 1.0 B.U. 296. 3 no �.r ``" ' 06/19/2002.SPM TOTAL PROJECTED BENEFIT UNITS ===378.0 B.U. Mr. Paggi also explained that the operation and maintenance charge is proposed to be paid for on an as use basis. If you are a single individual or a retired couple and you use less water than a household with 3-4 children, you would pay for what you actually used. Montclair would have its own Master Meter. One of the residents of Montclair wished to know about the production of the new well. Mr. Paggi explained that he was informed that the well was nearing completion and they ran a well drillers test off the back end of the truck. They were awaiting a final flow confirmation test from that well. Many of the residents of Montclair wished to know why they were here tonight. Supervisor Ruggiero explained that this is just a planning stage. He wished to get the information out as to what we are looking to do and whether there are viable solutions and alternatives. Rhonda Brown of 20F Alpine Drive wished to know if in fact the Montclair wells are producing, will they be mandated to connect to the system. Supervisor Ruggiero answered that we must look at the information in front of us. If we get indications that this is solvable we will reconsider our position. Right now we are taking a study of the area. We built a second well in Fleetwood to solve the problem and within a year it failed. Your new well may fail in a year, and then we may be back here again. Jeff Morgan of 10 Alpine wished to know if this was just a bail out for Tall Trees because they can't afford to go into it alone? Supervisor Ruggiero explained that there was a depletion in the rock aquifer in the well system. We were coming out of a drought, yet Tall Trees was still experiencing a production capacity problem When we were studying this, Montclair was still trucking water. Many of the residents felt the shortage was due to the recent drought and the reason they wanted Montclair to hook into the water system was to benefit Tall Trees. Mr. Paggi explained that studies have shown that water production in the bedrock wells in and around Montclair and Tall Trees have been declining for several years. A resident of 36 Alpine wished to know why they were not given an option before being charged double their common charges due to the water situation. Supervisor Ruggiero explained that this question would have to be directed to your board, the town has nothing to do with the common charges. Richard Kane, the operator of the Montclair Water System said that at the time they were trucking water, they were looking into solutions and were not aware the town was looking into solving this solution. Mr. Paggi also explained that if given the authorization today it would take at least 2 years to get the system up and running. Mrs. Khorosh of 19 H Alpine said they were told that the project was mandatory because the Montclair Board of Directors has an 4 ,%We - `"'W 06/19/2002.SPM interest to participate in this. Supervisor Ruggiero explained that when he sat down with the Montclair Board of Directors they said it would need to go before the residents for a vote. Supervisor Ruggiero told the Board that the Town government has the power to create these districts, but we do not wish to force this project if the tenants do not want it. At the time we were doing this, it was not known what the well tests would reveal. If the test came back a failure, wouldn't you want the town to put in a system in. The only thing we are doing tonight is to educate you and getting input. This is a very critical issue and we are handling this the best way we can. Mrs. Khorosh also wished to know where the water tank would be installed. Mr. Paggi informed her that it has been determined that there are three possible locations on the Montclair property and one on the Tall Trees property that would suffice for the location of this tank. The tank would hold 200,000 gallons of water which is two days usage for both these systems and would be 25 feet in diameter and approximately 60 feet in height. The height is determined by the elevation of the highest unit in Montclair, which is unit 15. Vicki Starr of 24 E was not happy about the tanks. Mrs. Mohamed of 32 A felt that the tank would be to costly. Mr. Morgan of 10 A wished to know how the residents are going to be compensated for the property that he tank will be on not to mention the eyesore. Supervisor Ruggiero explained that is something that will have to be worked out between the Montclair Association and the town. One of the residents was concerned if they were hooked up to Town of Poughkeepsie water they would be exposed to PCB. Mr. Paggi answered that he questioned the health department on the quality of the city water, and it was reported to him that there has never been any detection of PCB in the finished water from the Town or City of Poughkeepsie water plant. Paul Chapman of 30D Alpine wished to know when the last drought occurred. Mr. Paggi explained that the summer of 1998 was the lowest flow ever recorded in the Wappinger Creek that he knows. The drought of 1999-2000 continued, we didn't have much snow, and the snow melting effects the water supply. Since April of this year it has been very wet. It is cyclical. The water in the aquifer is fine, but we have been drawing it out faster than its replenished. These are the trends we are seeing. Mr. Reisman, Attorney representing the Board of Managers for the Montclair Condominiums informed the residents that the Board received a call in March or April about the possibility of expansion of this district. The roll of the Board of Managers is to do things which are in the best interest of the complex. Given the recent problems, if officials from the Town of Wappinger wish to talk to us, the 5 "*W '-0' 06/19/2002.SPM Board has an obligation to listen to what the town has to say. He attended a meeting where this plan was introduced and the position of the board is it wants to listen. If the unit owners elect to participate voluntarily ilote at some point in the future. • Next is an update from Peter Cherneff, Attorney for the Cranberry Subdivision. The Town Code has an unusual provision in it. It talks about benefits of cluster zoning The conservation subdivision which is section 219.19B of the town law says that at the written request of the applicant to the town board the planning board may be authorized to modify the zoning regulations to permit a cluster zone. He was here tonight to bring the board up to date as to where they are. The Planning Board has approved the lot count of 232 based on a conventional layout. The Planning Board recently granted a negative declaration regarding SEQRA. The Planning Board also requested Cranberry to show a cluster plan for certain parts of the subdivision proposal, which they have responded to. The board saw all the details of the application in March, and we are now at the point where the Planning Board needs authority from the Town Board to proceed. At this time, Al Roberts requested Mr. Cherneff to explain the lot size and how the individual lot size will work in context with open spaces. John Kellard of Kellard Engineering explained that 40% of the lots have a minimum width of 80 feet and 30% with a width of 100 ft. Mr. Cherneff explained that many of the lots are oversized to take in wet lands, wet lands buffer areas, or conservation areas. Supervisor Ruggiero said his only concern was doing assessments with the benefit unit calculations when we do sewer. Anything over two acres incurs additional benefit units, and we have had residents in the past who have had 8-9 acres and some of them are wet lands. One of the issues Mr. Roberts wished to clarify was a topic of going out to Myers Corners Road. The planning board voted against it, but several of the Board members indicated a preference to go that route. The other issue was the $1.2 million contribution toward the water pipe originally offered two years ago. Mr. Cherneff answered that the Supervisor asked about contributing toward the water, and he answered that this issue was no longer on the table. As far as the Myers Corners Road connection, it has been debated in the planning board and voted down twice. However, from the applicants point of view they are willing to do that, even though it is not shown on the map, because they own the property. The Planning Board stated, in the absence of connecting to Myers Corners Road, that there were improvements that could be made to the Widmer Road 0 *-0' 06/19/2002.SPM intersection, which the developer has agreed to do. Its one or the other, but not both. Mr. Cherneff explained that the offer to contribute to the water was very early on in the process at a time when they were not certain there was going to be water provided to this subdivision. At the time, in order to expedite the application, they had offered to build the infrastructure that was necessary to serve this site and a value was placed on it, but there was never an offer of funds to be paid to the town. Mr. Paggi wished to know if the developer is going to plan a scheme to go before the planning board. Mr. Cherneff replied, yes. Supervisor Ruggiero also wished to know the advantage of clustering. Mr. Cherneff explained when you have a design that saves space, that varies the layouts, it has been determined to be advantageous. In addition it gives the developer the opportunity to sell a variety of different houses and appeal to a broader market. The issue of sidewalks and curbs was also addressed. Mr. Paggi informed the board that there will be nineteen thousand linear feet of sidewalks. David Stolman of Frederick Clark commented that one of the benefits of cluster housing versus conventional subdivision is that we would not be approving architectural plans or renderings if this were a conventional subdivision. There is more control over cluster than conventional subdivision. Councilman Valdati wished to know the minimum price of the homes and. the maximum price. Mr. Cherneff answered, he had no idea, but if he had to guess, the developer is in no position to build low income housing. At this time Supervisor Ruggiero requested Mr. Roberts to explain the Local Law process involved with clustering. Mr. Roberts explained the law identifies three types of cluster subdivisions. This comes under a conservation subdivision. It has to come back to the town board for enabling legislation to permit the planning board to approve a cluster. This must be done by local law or ordinance. Because ordinances are a more cumbersome process we do everything by local law. You must identify the topics you want addressed in the local law authorizing the cluster. It would have to be on ten days notice, have the public hearing and then you decide whether or not you wish to adopt it. It then gets filed with the secretary of state and the process is completed. It then goes to the planning board and they act accordingly. The planning board then issues preliminary approval. Mr. Cherneff felt it was unusual that specific authorization has to be given. At this time 10:10 p.m. Councilman Bettina moved to into executive session to confer with attorney, seconded by Councilman Colsey and unanimously carried. 7 **WW `od 06/19/2002.SPM The meeting reconvened at 10:40 p.m. with all board members in attendance. Councilman Valdati moved to authorize Attorney to the Town prepare a cluster subdivision local law for Cranberry Hills, LLC to include the following: 1. An architects review for Town Board by phases. 2. Construction of road to Myers Corners Road on Phase II. 3. Establish sidewalk, lighting and drainage districts. 4. Landscaping plan by phases. 5. Home Owners Association documents and deed restrictions. 6. Separate lighting plan for streets. 7. Trail system through conservation area to be approved. Seconded by Councilman Bettina Motion Unanimously Carried There was no other business to come before the board. Councilman Valdati moved to close the Special meeting seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 10:48 p.m. Gloria J. Morse Town Clerk E:3