2005-11-28 RGMMonday, November 28, 2005
7:30 p.m.
Wappinger Town Hall
AGENDA
AMENDED
Call to Order, Salute to Flag
Suspension of Rules for Public Comment on Agenda Items
Receipt and Approval of Minutes
September 26, 2005 Regular Meeting
September 28, 2005 Special Meeting
October 5, 2005 Special Meeting
October 26, 2005 Special Meeting
October 28, 2005 Special Meeting
November 14, 2005 Workshop
November 16, 2005 Special Meeting
Correspondence Log
2005CL-328 to 2005CL-355
Discussions
• Obercreek—Reese Property—Ray Woobie
• CWWI Water Cost Analysis—Jay Paggi
• Carnwath Farms Roof Restoration—Don Swartz
• Performance Appraisals—Ronnie Travers
• Minutetraq—Daryl Blowes
RESOLUTIONS
2005-160 Resolution Accepting Correspondence Log
2005-161 Resolution Authorizing Escrow Refund for 74 Losee Road
2005-162 Resolution Authorizing Bids for Highway Flusher Truck Tank &
Sander Spreaders
2005-163 Resolution Accepting the First Reduction in the Security Posted
for Meadowood Subdivision, Parcel I, Section II
2005.164 Resolution Rejecting Bids for Highway Garage Generator
New Business/Comments
Adjournment
11/28/2005.RGM
The Regular Meeting of the Town Board of the Town of Wappinger was held
on November 28, 2005, at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 pm.
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman (arrived at 7:40 p.m.)
Maureen McCarthy, Councilwoman
Joseph Paoloni, Councilman
John C. Masterson, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts Attorney to the Town
Graham Foster, Highway Superintendent
SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS
Councilwoman McCarthy moved to suspend the rules for purposes of public
comment on agenda items, seconded by Councilman Valdati and
unanimously carried.
RECEIPT AND APPROVAL OF MINUTES
The Minutes of the September 26, 2005 Regular Town Board Meeting,
September 28, 2005 Special Meeting, October 5, 2005 Special Meeting,
October 26, 2005 Special Meeting, October 28, 2005 Special Meeting,
November 14, 2005 Workshop Meeting, and November 16 Special Meeting,
having previously been forwarded to the Board Members, was now placed
before them for their consideration.
Councilwoman McCarthy moved to accept the Minutes and place them on
file, seconded by Councilman Paoloni and unanimously carried.
CORRESPONDENCE LOG: 2005 -CL -328 to 2005 -CL -355
(see attached)
DISCUSSIONS:
• Obercreek-Reese Property—A presentation for the development of
land owned by the Reese Family was introduced to the Town Board.
Alex Reese said he wished to preserve most of the property's existing
landscape and character while pursuing residential developments. He
went on to explain the plans he had envisioned for the development of
the property and introduced concepts to protect open space.
• CWWI Water Rate Cost Analysis—Jay Paggi, Engineer to the Town
introduced a new rate structure for the central water system for the
2006 Calendar year based on the budget adopted by the Town Board.
He explained the proposed new rate is due to the amount of water
pumped, the sharp increase in electric costs to run the water districts,
and the decrease in the available surplus revenue funds to offset
budget increases. It is proposed that commercial rates be $90.00 per
1112812005.RGM
quarter for the first 18,700 gallons. Overage cost would be $2.40 per
1,000 gallons for water consumed between 18,700 and 250,000 gallons
and $3.20 per 1,000 gallons over 250,000. It is also proposed that the
residential minimum rate be increased to $39.00 for the first 18,700
gallons with an overage rate of $1.60 per 1,000 gallons. Mr. Paggi
further recommends that the revenues be analyzed at the end of the
second quarter to determine if they are inline with the amount of
revenues needed to be raised. Also discussed was the replacement of
all the old water meters in order to get more accurate readings.
• Carnwath Farms Roof Restoration—Don Swartz of the Swartz
Architectural Group gave an update on the roof restoration for
Carnwath Farms. Mr. Swartz went over several roof replacement
options and recommendations based on maintenance level, warranty
period and typical lifespan of the material.
• Performance Appraisals—Ronnie Travers went over the scope of
services that would be provided by AMTEK in order to assist the Town
in providing appraisals for Town Employees. She would get the
department heads together when doing the appraisals and analyze
results before sitting down with employees. She also feels self
appraisal is important when evaluating employees. When results are
received the board would need some guidance in determining what to
do and pay should be based on performance rather than longevity.
She cautioned the board not to let this appraisal take on a union scale
environment which is automatic. She suggests developing all the tools
in January and the evaluations in August and recommends informing
the employees to expect a change.
• Minutetraq gave a presentation on a software solution that deals with
the creation of agenda items, the approval process, the creation of
agendas, generating the minutes, letters that go out, legal notices,
input from department heads, and councilmember's, and pulls it all
together in a unified system. What Minutetraq is designed to do is
bring the work flow into one consistent cohesive process where there is
documentation and proper work flow to create efficiencies permitting a
paperless society. The cost to implement the system would cost $6,100
for 5 licenses and $1,500 a year maintenance fee after that. Fifteen
hours of online training would also be included in the cost of the
software.
RESOLUTION NO. 2005-160
RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON
FILE
Pq
11/28/2005.RGM
The following Resolution was introduced by Councilwoman McCarthy and
seconded by Councilman Valdati.
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:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Aye
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO 2005-161
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS
FOR 74 LOSEE ROAD
The following Resolution was introduced by Councilman Valdati and
seconded by Councilwoman McCarthy.
WHEREAS, on or about February 14, 2005 Mr. John Cojocaru deposited Two
Thousand Five Hundred and 00/100 ($2,500.00) with the Town of Wappinger
for paving of a driveway on 74 Losee Road, and
WHEREAS, Mr. John Cojocaru has requested a refund in the amount of Two
Thousand Five Hundred and 00/100 ($2,500.00) and has been recommended
by George Kolb, Director of Code Enforcement to the Town of Wappinger, in
his letter dated November 9, 2005, and Highway Superintendent Graham
Foster in his letter dated November 10, 2005 to the Town Board Members.
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. Payment is approved in the amount of Two Thousand Five Hundred
Dollars and 00/100 ($2,500.00) made payable to Mr. John Cojocaru,
Account Number 2004-0474 for the refund of the unused escrow funds
deposited for the property located at 74 Losee Road.
The foregoing was put to a vote which resulted as
follows:
Joseph Ruggiero, Supervisor
Voting
Aye
Robert Valdati, Councilman
LW Vincent Bettina, Councilman
Voting
Voting
Aye
Aye
Maureen McCarthy, Councilwoman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2005-162
3
1112812005.RGM
RESOLUTION AUTHORIZING HIGHWAY SUPERINTENDENT TO
PURCHASE A TANK FOR FLUSHER TRUCK AND SANDER SPREADER
The following Resolution was introduced by Councilman Bettina and
seconded by Councilwoman McCarthy.
WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent,
has requested a purchase order in his letter dated November 14, 2005 a copy
of which is attached hereto, to purchase a tank for a flusher truck which only
one bid was received and two spreaders for sander which has received two
bids, and
WHEREAS, Graham Foster, Highway Superintendent, has received the bids
as follows:
Tank for Flusher Truck Price
Amthor Welding $20,830.00
Spreaders/Sanders Price
Hudson River Truck & Trailer $6,414.00 each
Chemung Supply $ 6,842.00 each
NOW, THEREFORE, BE IT RESOLVED, Highway Superintendent Graham
Foster has been authorized to repair a tank for a flusher truck and repair two
spreaders for sanders.
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 Twenty
Thousand Eight Hundred Thirty dollars and 00/100 ($20,830.00)
payable to Amthor Welding, and purchase order in the amount of Six
Thousand Eight Hundred Forty Two dollars and 00/100 from account
number DB -5130.203 in accordance with letter dated November 14,
2005 from Graham Foster, Highway Superintendent to the Town of
Wappinger.
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
Aye
Maureen McCarthy, Councilwoman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2005-163
RESOLUTION ACCEPTING THE FIRST REDUCTION IN THE SECURITY
POSTED FOR MEADOWOOD SUBDIVISION, PARCEL I, SECTION II
The following Resolution was introduced by Councilman Valdati and
seconded by Councilwoman McCarthy.
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11/28/2005.RGM
WHEREAS, Meadowoods Investors, LLC has made application to the Town
of Wappinger Planning Board to approve a subdivision of lands more
particularly described in subdivision Section II, Parcel I, Meadowoods
Subdivisions prepared by Lawrence J. Paggi dated August 1, 2002 and
subsequently revised from time to time; and
WHEREAS, the Town of Wappinger Planning Board granted final conditional
subdivision approval by resolution dated February 2, 2004 subject to and
conditioned upon completion of the conditions set forth in the aforementioned
resolution and subject to certain improvements being made and constructed
as set forth in the aforesaid subdivision map and related contract drawings
all in accordance with the Town of Wappinger subdivision regulation zoning
code, highway specifications and rules and regulations of the Town; and
WHEREAS, Town Law 277 requires that a developer of a proposed
subdivision guarantee the construction, installation and dedication of
improvements required by the resolution of subdivision approval prior to
issuance of any building permits; and
WHEREAS, Meadowood Investors, LLC has previously posted a Performance
Agreement secured by an Irrevocable Letter of Credit in favor of the Town of
Wappinger to guarantee the construction of the required improvements; and
WHEREAS, the Performance Agreement executed on December 14, 2004 by
Meadowood Investors, LLC with an address at PO Box 310, LaGrangeville,
NY 12540, as Obligor, in favor of the Town of Wappinger as Obligee, and
secured by an Irrevocable Letter of Credit in the original amount of One
Million, Seven Hundred and Seventy Five Thousand Dollars ($1,775,000.00)
was accepted by the Town Board pursuant to Resolution No. 2004-371 at a
regular meeting held on December 20, 2004 as security for the obligation set
forth in the Performance Agreement; and
WHEREAS, Joseph E. Paggi, Jr., P.E. Engineer to the Town has
recommended a reduction in the security to be posted to secure completion of
the construction of the remaining roadways and improvements to the sum of
Two Hundred Fifty Six Thousand Eight Hundred Dollars ($256,800.00),
pursuant to a letter dated November 11, 2005, a copy of which is affixed
hereto as Exhibit "A"; and
WHEREAS, by adoption of this Resolution the Town Board hereby authorizes
a reduction in the Irrevocable Letter of Credit to the Sum of $256,800.00.
NOW, THERREFORE, 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. The Town Board hereby accepts the reduced bond calculation prepared
by Engineer to the Town, Joseph E. Paggi, Jr. and further authorizes
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1112812005.RGM
the acceptance of a revised Irrevocable Letter of Credit issued in favor
of the Town of Wappinger in the sum of $256,800.00 as security for the
Performance Agreement previously executed.
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 Aye
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2005-164
RESOLUTION REJECTING ALL BIDS FOR HIGHWAY GARAGE
EMERGENCY GENERATOR INSTALLATION
The following Resolution was introduced by Councilman Bettina and
seconded by Councilwoman McCarthy.
WHEREAS, the Town Board has previously entered into a contract with
Fellenzer Engineering, LLP to perform engineering services for the design of
a new Emergency Electrical Generator System for the Town Highway
Garage; and
WHEREAS, pursuant to said contract Fellenzer designed plans and
specifications for the Highway Garage Emergency Electrical Generator
System; and
WHEREAS, an invitation to bid was published in the Poughkeepsie Journal
on September 7, 2005; and
WHEREAS, in consequence of the bid process, two bids were received and
Pantel Contracting was determined to be the lowest responsible bidder; and
WHEREAS, the Town Board has determined it is in the best interest of the
residents of the Town of Wappinger to finance the installation of this
emergency electrical generator system by the Town's issuance of serial bonds;
And
WHEREAS, the appropriate Bonding Resolutions has yet to be adopted by
the Town Board; and
WHEREAS, the published invitation to bid expressly reserved unto the Town
Board the right to reject any and all bids and re -advertise for new bids.
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. The Town Board hereby determines that it is in the best interest of the
citizens of the Town of Wappinger to finance the costs of the
construction and installation of the Highway Garage Emergency
n
11/28/2005.RGM
Electrical Generator System and the Town Board hereby intends to
adopt the appropriate Bonding Resolution on or after January 1, 2006.
3. The Town Board hereby elects to reject any and all bids and re -
advertise for new bids after the adoption of an appropriate Bonding
Resolution.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
r Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Aye
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
There was no other business to come before the Board.
Councilman Bettina moved to close the meeting seconded by Councilwoman
McCarthy and unanimously carried.
The meeting adjourned at 9:50 p.m.
N
C
John C. Masterson
Town Clerk
Town Board Correspondence Log
Document #
To
From
Date
Received
Re Agenda
Meadwood Parcel 1 Section 1 -Letter of Credit
11/28/2005
2004CL - 0328
Joseph Ruggiero, Supervi
Tatiana Lukianoff, Zonin
9/12/05
9/14/05
Monthly Report for August 2005
11/28/2005
2004CL - 0329
Joseph Ruggiero, Supervi
Patricia Maupin, Reciever
2004CL - 0330
Joseph Ruggiero, Supervi
Florence Graff
10/10/05
10/12/05
Resignation Letter from CAC
11/28/2005
2004CL - 0331
Joseph Ruggiero, Supervi
Tatiana Lukianoff, Zonin
9/1/05
10/31/05
Zoning and Planning Board Report for September
11/28/2005
2004CL - 0332
Joseph Ruggiero, Supervi
Marco Caviglia
10/20/05
10/20/05
Prosectutions as of October 11, 2005
11/28/2005
2004CL - 0333
Dutchess County Dept of
Graham Foster, Superinte
11/2/05
11!09/05
Passing Zone CR28 Old Hopewell Road
11/28/2005
2004CL - 0334
Joseph Ruggiero, Supervi
George Kolb, Director of
11/2/05
11/09/05
October 2005 Monthly Report
11/28/2005
2004CL - 0335
Joseph Ruggiero, Supervi
Joe Kovalsk��, EMS coord
10/24/05
10/24/05
Response Times for 9/14/05-9/30/05
Res P
11/28/2005
2004CL - 0336
James T. Hammond, Chai
Bradford Kendall, Chairm
10/5/05
10/5/05
NAVA ACT
11/28/2005
2004CL - 0337
Joseph Ruggiero, Supervi
Heather Kitchen, Town Ju
10/12/05
10/12/05
Court Cases for the month of September 2005
11/28/2005
2004CL - 0338
Joseph Ruggiero, Supervi
William SteinHaus, Dutc
9/30/05
9/30105
Municipal Recreation Funds for 2006
P
11/28/2005
2004CL - 0339
Joseph Ruggiero, Supervi
George Kolb, Director of
10/6/05
Monthly Report for September 2005
11/28/2005
2004CL - 0340
Mr. John Kozak
Joseph Ruggiero, Supervi
10/19/05
Realtor Signs
11/28/2005
2004CL - 0341
Hon. Joel Miller
Robert Dennison, Region
10/12/05
10/20/05
Litter on Route 9
11/28/2005
Zoning & Planning Report for the month of Oct 20
11/28/2005
2004CL - 0342
Joseph Ruggiero, Supervi
Tatiana Lukianoff, Zonin
1111105
2004CL - 0343
John C. Masterson, Town
Tatiana Lukianoff; Zonin
10105
11/09/05
Schedule of Performance & Maintenance Bonds
11/28/2005
2004CL-0344
Joseph Ruggiero, Supervi
Patricia Maupin, Reciever
9/05/05
9/05/05
Reciever ofTaxes Monthly Report for September 0
11/28/2005
Page 1 of 2
Wednesday, November
23, 2005
i
I
Document #
To From
Date
Received
Re
Agenda
2004CL- 0345
John C. Masterson, Town Outback Steak House Ki
10/7/05
10/11/05
Renewal of Liquor License
11/2812005
2004CL - 0346
Town Board and Supervsi Joseph Kovalksy, EMS C
9/12/05
9112/05
Weekly Report 9/12/05-9/25/05
11/28/2005
2004CL - 0347
L.eggette, Brashers & Gra Joseph E. Stankavage
9/27/05
9/29/05
Town of Wapppinger Rockingham Wellfeild
11/28/2005
2004CL - 0348
Town Board Graham Foster, Highway
9/30/05
10/04/05
Inventory of Highway Machinery
11/28/2005
2004CL - 0349
Cablevision of Wappinger Jacylyn A Brilling
9/28/05
Temporary Operating Authority expiration
11/28/2005
2004CL - 0350
Planning Board Joseph Paggi, Town Engi
10/3105
10/3/05
Verizon -308 Baxtertown Road
11/28/2005
2004CL - 0351
John C. Mastersopn, Tow Tatiana Lukianoff, Zonin
9/28/05
9/28/05
Schedule of Performance Bonds
11/28/2005
2004CL - 0352
Joseph Ruggiero, Supervi Tatiana Lukianoff, Zonin
9/21/05
9/26/05
Renewed Performance Bonds
11/28/2005
2004CL - 0353
John C. Masterson, Town Glen F. Kubista
9/20/05
9/12105
JAI Grocery Inc.
11/28/2005
2004CL - 0354
Joseph Ruggiero, Supervi 'Marco Caviglia
9/15105
9/15/05
Prosecutions as of Sept. 13, 2005
11/28/2005
2004CL - 0355
Joseph Ruggiero, Supervi Carl S. Wolfson, Town Ju
9119105
9/20/05
Town Justice Report fpr August 2005
11/28/2005
Page 2 of 2
Wednesday, November 23, 2005