2004-01-26 RGMMonday, January 26, 2004
7:30pm
Wappinger Town Hall
AGENDA
Call to Order
Roll Call, Salute to Flag
Receipt and Approval of Minutes
December 8, 2004 Workshop
December 22, 2003 Town Board Meeting
January 5, 2004 Reorganization Meeting
Suspension of Rules for Public Comment on Agenda Items
Correspondence Log
2004CL-001 to 2004CL-013
Public Hearing:
Cedar Knolls Road Construction
Resolutions:
2004-65 Resolution Accepting Reduction in the Bond Amount Secured by a Cash
Deposit for the Keenan Acres Subdivision
2004-66 Resolution Introducing Local Law for Temporary Construction and Sales
Trailers
2004-67 Resolution Authorizing Purchase of Land Located on Smithtown Road for
Highway Widening Purposes
2004-68 Resolution to Authorize the Prosecution of Town Code Violations
2004-69 Reserved
2004-70 Resolution Authorizing the Issuance of $850,368 Serial Bonds for the Town
of Wappinger, to Pay Said Town's Share of the Cost of the Closure of the
Poughkeepsie-Wappinger Joint Landfill
2004-71 Resolution Making Determination and Approval of Meadowood Water
District
2004-72 Resolution Authorizing Rental Rates for Highway
2004-73 Resolution Authorizing Road Name Changes
2004-74 Resolution Authorizing the Furtherance of Potential Acquisition of
Cranberry Hills Subdivision
2004-75 Resolution Accepting Correspondence Log
2004-76 Resolution Authorizing the Highway Superintendent to Go Out To Bid for
Various Items
Executive Session:
Resolutions:
2004-77 Resolution Making Certain Determinations with Respect to the Construction
and Improvement of Lakeside Drive in the Cedar Knolls Subdivision
2004-78 Resolution Providing for the Holding of a Special Town Election for the
Purpose of Submitting a Proposition on the Question Approving or
Disapproving a Resolution Making Certain Determinations with Respect to
the Construction and Improvement of Lakeside Drive
2004-79 Resolution Designating Election Officials for a Special Town Election
New Business/Comments
Adjournment
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The Regular Meeting of the Town Board of the Town of Wappinger was held on
January 26, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New
York. Supervisor Ruggiero opened the meeting at 8:16 p.m.
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Maureen McCarthy, Councilwoman
Joseph Paoloni, Councilman
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts Attorney to the Town
Graham Foster, Highway Superintendent
Gloria J. Morse, Town Clerk
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
PUBLIC HEARING:
Cedar Knolls Road Construction
RECEIPT AND APPROVAL OF MINUTES
The Minutes of the Workshop Meeting of December 8, 2003, Town Board Meeting of
December 22, 2003 Meeting and Reorganization Meeting of January 5, 2004 having
previously been forwarded to the Board Members, were now placed before them for
their consideration.
Councilman Paoloni moved to accept the above stated Minutes as submitted by the
Town Clerk be and they are hereby approved.
Seconded by Councilwoman McCarthy
Motion Unanimously Carried
SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA
ITEMS
Councilman Bettina moved to suspend the rules for purposes of public comment on
agenda items.
Seconded by Councilman Paoloni
Motion Unanimously Carried
CORRESPONDENCE LOG 2004 -CL -001 TO 2004 -CL -013
(See Attached Sheets)
RESOLUTION NO. 2004-65
RESOLUTION ACCEPTING REDUCTION IN THE BOND AMOUNT
SECURED BY A CASH DEPOSIT FOR THE KEENAN ACRES
SUBDIVISION
The following Resolution was introduced by Councilwoman McCarthy and seconded
by Councilman Paoloni.
WHEREAS, MIDA Development Corp. has made application to the Town of
Wappinger Planning Board to approve a subdivision of lands more particularly
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described in Subdivision Plan entitled "Keenan Acres" prepared by Civil
Technologies & Engineering, P.C. dated June 29, 1999, and subsequently revised
from time to time; and
WHEREAS, the Town of Wappinger Planning Board granted Final Conditional
Subdivision Approval, by Resolution dated August 5, 2003 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 Regulations, Zoning Code,
Highway Specifications, and Rules and Regulations of the Town; and
WHEREAS, Mid -Hudson Holdings, L.L.C. now owns the property and intends to
complete development of the subdivision as required by the Resolution of Final
Conditional Subdivision Approval dated August 1, 2003; and
WHEREAS, Town Law §277 requires that a developer of a proposed subdivision to
guarantee the construction, installation, and dedication of the improvements
required by the Resolution of Subdivision approval, prior to issuance of any building
permits; and
WHEREAS, Mid -Hudson Holdings, L.L.C. has previously posted a Performance
Agreement together with a bank or certified check made payable to the Town of
Wappinger to guarantee the construction of the required improvements; and
WHEREAS, the Performance Agreement executed on September 18, 2003 by Mid -
Hudson Holdings, L.L.C. with an address at P.O. Box 636, Fishkill, New York
12524, as Obligor, which Performance Agreement was personally guaranteed by
John Goetz, and secured by a cash deposit in the sum of Three Hundred and Ninety
Thousand, Two Hundred and Thirty Three Dollars ($390,233.00), by bank or
certified check made payable to the Town of Wappinger, securing the obligations set
forth in the Performance Agreement, was accepted by the Town Board pursuant to
Resolution 2003-218 at a regular meeting held on September 22, 2003 as security
for the obligations set forth in the Performance Agreement; and
WHEREAS, Mid -Hudson Holdings, L.L.C. has completed some of the required
improvements, and
WHEREAS, by letter dated January 15, 2004, a copy of which is affixed hereto as
Exhibit "A", Engineer to the Town, Joseph E. Paggi, Jr. recommended a reduced
bond amount to complete the construction of the remaining roadways and
improvements said reduced bond amount totaling the sum of Two Hundred Eighty -
Six Thousand One Hundred Fifty Dollars ($268,150); and
WHEREAS, the difference between the original cash deposit and the reduced bond
amount is One Hundred Twenty -Two Thousand Eight -Three Dollars ($122,083).
NOW, THEREFORE, BE IT RESOLVED, as follows:
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The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
The Town Board hereby accepts the reduced bond calculation prepared by Engineer
to the Town, Joseph E. Paggi, Jr., and further directs Supervisor, Joseph Ruggiero
and Town Comptroller, Jerry Terwilliger, to reimburse Mid -Hudson Holdings,
L.L.C. One Hundred Twenty -Two Thousand and Eighty -Three Dollars ($122,083)
representing the difference between the original cash bond deposited and the
reduced bond amount required.
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. 66-2004
RESOLUTION INTRODUCING LOCAL LAW NO. OF 2004LOCAL LAW
AMENDING THE TOWN CODE OF THE TOWN OF WAPPINGER, SECTION
240 ZONING, SCHEDULES OF USE REGULATIONS — RESIDENTIAL
DISTRICTS AND SCHEDULE OS USE REGULATIONS NONRESIDENTIAL
DISTRICTS, &ADDING A NEW SECTION 240-27.19 TEMPORARY
CONSTRUCTION AND SALES TRAILERS
The following resolution was moved by Councilman Paoloni and seconded by
Councilwoman McCarthy.
WHEREAS, the Town Board of the Town of Wappinger has determined that the
Town code, Chapter 240 Zoning, Schedule of Use Regulations — Residential Districts
and Schedule of Use Regulations — Nonresidential Districts, should be amended, and
a new Section 240-27.1, Temporary Construction and Sales Trailers, should be
added, to permit temporary construction and sales trailers in association with new
construction in the Town and to establish regulations and standards pertaining
thereto to protect public safety, property values, and to avoid and minimize any
associated nuisances (the "Proposed Action"); and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law Part 617
NYCRR (commonly known as "SEQRA) via Local Law No. 6 of 1992 (the Town's
environmental quality review law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has reserved its right to make its Determination of
Significance pursuant to SEQRA until the conclusion of the Public Hearing to be
held on the adoption of the proposed amendments;
NOW, THEREFORE, BE IT RESOLVED, as follows:
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1. The Town Board of the Town of Wappinger hereby introduces for consideration
of its adoption proposed Local Law No. of 2004 in the form annexed hereto;
except as specifically modified by the amendments contained therein, the Zoning
Law as originally adopted and amended from time to time thereafter are to
remain in full force and effect and is otherwise to be ratified, readopted and
confirmed.
2. The Town Board hereby schedules a public hearing regarding the adoption of the
annexed proposed Local Law No. _ of 2004 for 7:30 p.m. on the 23rd day of
February, 2004, and the Town Clerk is hereby directed to publish notice thereof
in the Town's official newspapers not less tan ten (10) days prior to said public
hearing date.
3. The Town Board hereby directs the Town Clerk to act as follows with respect to
the proposed Local Law:
a. To serve a copy of this resolution, the annexed proposed Local Law, and the
public hearing notice to the municipal clerk of each abutting municipality not
less than ten (10) days prior to said public hearing;
b. To serve a copy of this resolution, the annexed proposed Local Law, and the
public hearing notice to the Dutchess County Department of Planning and
Development for advisory review in accordance with Section 239 of the
General Municipal Law; and
c. To distribute a copy of this resolution, the annexed proposed Local Law, and
the public hearing notice to the Town of Wappinger Planning Board for its
review and recommendation pursuant to Section 240-112 of the Zoning Law
prior to said public hearing.
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. 67-2004
RESOLUTION TO AUTHORIZE PURCHASE OF LAND LOCATED ON
SMITHTOWN ROAD FOR HIGHWAY WIDENING PURPOSES
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Paoloni
WHEREAS, the Superintendent of Highways to the Town of Wappinger, Graham
Foster, has recommended that the roadway curve located on Smithtown Road near
the premises known as 178 Smithtown Road be improved and straightened; and
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WHEREAS, the straightening of the curve necessitates the purchase of a portion of
the property known as 178 Smithtown Road and may possibly also require the
purchase of additional lands and/or grading easements of properties adjacent to 178
Smithtown Road; and
WHEREAS, Joseph E. Paggi, Jr., Engineer to the Town of Wappinger, has
prepared the metes and bounds description of those properties needed to be
purchased by the Town to improve and straighten the road at or near 178
Smithtown Road so as to enable the Town to improve, straighten and reconstruct
the aforementioned roadway curve pursuant to Resolution No. 2002-141; and
WHEREAS, Albert P. Roberts, Attorney to the Town, has negotiated the purchase
of the necessary land and/or easement rights from the property owners to improve,
straighten and reconstruct the aforementioned roadway curve pursuant to
Resolution 2002-142 ; and
WHEREAS, Donald McGrath of McGrath, Basciani and Associates, Inc., pursuant
to Resolution 2002-146, has prepared an appraisal and further determined the fair -
market value of the land and/or easement rights to be purchased from the affected
property owners is Twenty -Thousand Dollars ($20,000.00); and
WHEREAS, Albert P. Roberts, Attorney of the Town, requires authority from the
Town Board to finalize the purchase of the necessary land and/or easement rights
from the property owners to improve, straighten and reconstruct the
aforementioned roadway curve.
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 Town Board hereby determines that it is in the best interests of
the residents of the Town of Wappinger to purchase for the sum of
Twenty -Thousand Dollars ($20,000.00) the necessary land and/or
easement rights to effectuate the improvement and/or straightening of
the road near the premises known as 178 Smithtown Road, as more
fully described by the metes and bounds description of those properties
to be purchase prepared by Joseph E. Paggi, Jr., Engineer to the Town,
attached hereto and made a part hereof as Exhibit "A".
3. BE IT FURTHER RESOLVED, that the Town Board hereby
authorizes Albert P. Roberts, Attorney of the Town, to take whatever
steps as necessary to effectuate the Town's purchase of the
aforementioned parcel for Twenty -Thousand Dollars ($20,000.00) from
the property owners, Castor Alvarez, Jr., Nancy Elena Alvarez, Mary
Ann Alvarez, Roger DeVries, Kimberly A. Sterople and Alan Scalone,
including the coordination and management of the closing of title as
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well as any and all related activities in furtherance of concluding the
acquisition of the aforementioned parcel.
4. BE IT FURTHER RESOLVED, that Supervisor to the Town, Joseph
Ruggiero, Jr., is hereby authorized and directed to take whatever steps
are necessary to effectuate the purchase of the aforementioned parcel,
including the authority to execute a voucher in a sum not to exceed
Twenty -Thousand Dollars ($20,000.00) for fee disbursement to the
aforementioned property owners.
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. 2004-068
RESOLUTION TO AUTHORIZE THE PROSECUTION OF TOWN
CODE VIOLATIONS
The following resolution was introduced by Councilwoman McCarthy and seconded
by Councilman Bettina.
WHEREAS, the Town's administrative staff specifically the Zoning Administrator,
Building Inspector, Fire Inspector, and Dog Control Officer, have required legal
assistance in the prosecution of violations of the various provisions of the Town
Code, Local Laws and Ordinances.
NOW, THEREFORE, BE IT RESOLVED, that Attorney Marco Caviglia with an
office located at 2610 S. Avenue, Wappingers Falls, New York, is hereby authorized
to provide legal assistance to the Town's administrative staff as well as to prosecute
violations of the Town Code, Local Laws, and Ordinances in any Court having
jurisdiction of the Town Code, Local Laws, and Ordinances including town of
Wappinger Justice Court, New York State Supreme Court, or any other Court
assigned by a Justice of the Supreme Court.
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. 2004-070
BOND RESOLUTION DATED JANUARY 26, 2004.
A RESOLUTION AUTHORIZING THE ISSUANCE OF
$850,368 SERIAL BONDS OF THE TOWN OF
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WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO
PAY SAID TOWN'S SHARE OF THE COST OF THE
CLOSURE OF THE SO-CALLED POUGHKEEPSIE-
WAPPINGER JOINT LANDFILL LOCATED AT THE
DUTCHESS COUNTY AIRPORT.
The following Resolution was offered by Councilman Valdati, who moved its adoption,
seconded by Councilwoman McCarthy.
WHEREAS, by Intermunicipal Agreement dated January 19, 1970, as supplemented
by Intermunicipal Agreement dated September 11, 2003, the Town of Poughkeepsie,
the City of Poughkeepsie, the Town of Wappinger, the Village of Wappingers Falls and
the Town of LaGrange operated and maintained a joint sanitary landfill located at the
Dutchess County Airport, commonly known as the Poughkeepsie-Wappinger Joint
Landfill;
WHEREAS, each of the aforesaid municipalities have executed an Order on Consent
with the New York State Department of Environmental Conservation, Department of
Environmental Conservation Order On Consent File No. R3-20020628-75, pursuant to
which such municipalities have agreed to undertake certain closure and remedial
actions with respect to the Poughkeepsie-Wappinger Joint Landfill, all in accordance
with a certain Closure Investigation Report approved by the Department of
Environmental Conservation; and
WHEREAS, all conditions precedent to compliance with the aforedescribed Order On
Consent and actions to be undertaken in accordance therewith have been complied
with or otherwise satisfied; and
WHEREAS, it is now desired to authorize the issuance of serial bonds to pay the Town
of Wappinger's share of the cost of undertaking the closure and remedial measures set
forth in the aforesaid Order On Consent, which aggregate cost of such compliance is
estimated to be $6,000,000 and said Town's share of such aggregate cost is estimated
to be $850,368; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New
York, as follows:
Section 1. For the specific object or purpose of paying the Town of Wappinger's
share of the cost of the closure and remedial measures to be undertaken at the so-
called Poughkeepsie-Wappinger Joint Landfill, in accordance with the Order On
Consent described in the preambles hereof, in and for the Town of Wappinger,
Dutchess County, New York, including incidental drainage and other incidental
improvements and expenses in connection therewith, there are hereby authorized to
be issued $850,368 serial bonds of said Town pursuant to the provisions of the Local
Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of the
aforesaid specific object or purpose is $850,368, and that the plan for the financing
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thereof shall be by the issuance of the $850,368 serial bonds authorized pursuant to
this bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is twenty years, pursuant to subdivision 6-b of
paragraph a of Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein authorized will
exceed five years.
Section 4. Subject to 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 5. Such bonds shall be in fully registered form and shall be signed in
the name of the Town of Wappinger, Dutchess County, New York, by the manual or
facsimile signature of its Supervisor, and a facsimile of its corporate seal shall be
imprinted or impressed thereon and may be attested by the manual or facsimile
signature of its Town Clerk.
Section The powers and duties of advertising such bonds for sale, conducting
the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as she shall deem best for the interests of said Town, including, but not limited to the
power to sell said bonds to the New York State Environmental Facilities Corporation;
provided, however, that in the exercise of these delegated powers, she shall comply
fully with the provisions of the Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall
be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to
the application of the purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining annual debt service and all matter related thereto, prescribing whether
manual or facsimile signatures shall appear on said bonds, prescribing the method for
the recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the Town by the facsimile signature of the Supervisor,
providing for the manual countersignature of a fiscal agent or of a designated official
of the Town), the date, denominations, maturities and interest payment dates, place
or places of payment, and also including the consolidation with other issues, shall be
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determined by the Supervisor. It is hereby determined that it is to the financial
advantage of the Town not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
Town shall determine.
Section 8. The power to issue and sell notes to the New York State
Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance
Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form
and contents as may be prescribed by said Supervisor consistent with the provisions of
the Local Finance Law.
Section 9. The Supervisor is hereby further authorized, at his or her sole
discretion, to execute an application, a project financing and loan agreement, and any
other agreements with the New York State Department of Environmental
Conservation and/or the New York State Environmental Facilities Corporation,
including amendments thereto, and including any instruments (or amendments
thereto) in the effectuation thereof, in order to effect the financing or refinancing of
the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a
serial bond or note issue of said Town in the event of the sale of same to the New York
State Environmental Facilities Corporation.
Section 10. The intent of this resolution is to give the Supervisor sufficient
authority to execute those agreements, instruments or to do any similar acts
necessary to effect the issuance of the aforesaid serial bonds or notes without resorting
to further action of this Town Board.
Section 11. The faith and credit of said Town of Wappinger, Dutchess County,
New York, are hereby irrevocably pledged to the payment of the principal of and
interest on such obligations 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 obligations becoming due and payable in such year. There shall
annually be levied on all the taxable real property in said Town a tax sufficient to pay
the principal of and interest on such obligations as the same become due and payable.
Section 12. 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
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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 13. 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 14. This resolution, which takes effect immediately in accordance with
the provisions of Section 35.00(b)(4) of the Local Finance Law and with the aforesaid
Order On Consent described in the preambles hereof, shall be published in full, in the
Poughkeepsie Journal and Southern Dutchess News, the official newspapers, together
with a notice of the Town Clerk in substantially the form provided in Section 81.00 of
the Local Finance Law.
The question of adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
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 2004-71
A RESOLUTION MAKING CERTAIN DETERMINATIONS IN
RELATION TO AND APPROVING THE ESTABLISHMENT OF
THE PROPOSED MEADOWOOD WATER DISTRICT IN THE
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK,
PURSUANT TO ARTICLE 12-A OF THE TOWN LAW.
The following Resolution was introduced by Councilman Valdati and seconded
by Councilwoman McCarthy.
WHEREAS, a map, plan and report, including an estimate of cost have been prepared
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
establishment of a proposed Water District in the Town of Wappinger, Dutchess
County, New York, to be known as the Meadowood Water District (the "Water
District"); and
WHEREAS, said map, plan and report dated June 24, 2002, as amended August 11,
2003, were prepared by Paggi, Martin & DelBene, LLP, competent engineers duly
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licensed by the State of New York, and have been filed in the office of the Town Clerk
of said Town, where the same are available during regular office hours for
examination by any persons interested in the subject matter thereof; and
WHEREAS, the properties to be included within the Water District consist of
approximately forty-one single family residential lots located at the southwestern
intersection of Old Hopewell Road (Dutchess County Route 28) and All Angels Hill
Road (Dutchess County Route 94), as described in Exhibit A attached hereto and
hereby incorporated herein; and
WHEREAS, the source of water supply for the Water District will be the Wappinger
Water Improvement Area 99-2(R) to which the facilities of the Water District will
connect; and
WHEREAS, there are no improvements proposed for, and no capital cost to, the Water
District as the developer of the Meadowood area shall be responsible for the
installation of all water mains and appurtenances at its expense; and
WHEREAS, there are no hook-up fees proposed to the typical property in the Water
District; and
WHEREAS, the estimated cost of the Water District to the typical property (single
family home) therein for such capital cost is zero, and the cost to the typical property
therein for operation and maintenance is estimated to be $262 in the first year in
which operation and maintenance and other charges and expenses are to be paid,
which includes an annual cost of approximately $130 to be paid to Wappinger Water
Improvement Area 99-2(R) for debt reduction; and
WHEREAS, a detailed explanation of the manner by which were computed said
estimated first-year costs to the typical property in the Water District is contained
within the aforesaid map, plan and report which has been filed in the office of the
Town Clerk where the same are available during regular office hours for examination
by any person interested in the subject manner thereof; and
WHEREAS, the establishment of the Water District has been determined to be a
"Type II Action" pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental
Quality Review Act, the implementation of which as proposed, will not result in any
significant environmental effects; and
WHEREAS, an order was duly adopted by said Town Board on November 10, 2003,
reciting a description of the boundaries of said District, the fact that no improvements
are proposed and that no amount is proposed to be expended for said improvements,
the fact that said map, plan and report were on file in the Town Clerk's office for
public inspection and specifying the 8th day of December, 2003, at 7:30 o'clock P.M.,
Prevailing Time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New
York, in said Town, as the time when and the place where said Town Board would
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meet for the purpose of holding a public hearing to consider the establishment of said
Meadowood Water District and said map, plan and report filed in relation thereto and
to hear all persons interested in the subject thereof concerning the same;
WHEREAS, notice of the aforesaid public hearing was duly published on November
15, 2003 and posted on November 13, 2003 in the manner and within the time
prescribed by Section 209-d of the Town Law, and proof of publication and posting has
been duly presented to said Town Board;
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 map, plan and report and the
evidence given at said public hearing; 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 notice of hearing was published and posted as required
by law and is otherwise sufficient;
b) All the property and property owners within said
proposed District are benefited thereby;
c) All the property and property owners benefited are
included within the limits of said proposed District; and
d) The establishment of said proposed District is in the public
interest.
Section 2. The establishment of the Meadowood Water District in the Town
of Wappinger, Dutchess County, New York, to be bounded and described as hereafter
set forth, is hereby approved.
Section 3. Said District shall be bounded and described as set forth in
Exhibit A attached hereto and hereby made a part hereof.
Sectio The Town Clerk shall, within ten (10) days after the adoption date
of this resolution, publish in the official newspaper and post on the official signboard
of the Town, a notice which shall set forth the date of adoption of this resolution and
the full text hereof.
Section 5. This resolution is adopted subject to permissive referendum.
The question of the adoption of the foregoing resolution was duly put to a vote
on roll call, which resulted as follows:
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
MA
01/26/2004.RGM
JOSEPH PAOLONI, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2004-072
RESOLUTION AUTHORIZING RENTAL OF RECYCLING EQUIPMENT
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Paoloni.
WHEREAS, Highway Superintendent Graham Foster has requested authorization
to rent equipment for the purpose of recycling compost, and
WHEREAS, Mr. Foster has received bids from Stump -N -Wood Recycling, and Clove
Excavators, and
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. Highway Superintendent Graham Foster is hereby authorized to
rent equipment for the purpose of recycling compost from Stump -N -
Recycling and Clove Excavators as follows:
Stump -N -Wood Recycling
Daily Combo w/Bandit Beast Recycler $600 per day
Daily Combo w/ Stump Shear $1900 per day
Clove Excavators
TRUCKS
10 WHEEL DUMP TRUCK $ 85.00 PER HR
TRACTOR TRAILER DUMP 95.00 PER HR
TRACTOR TRAILER-FLOWBOY 95.00 PER HR
TRACTOR TRAILER-LOWBED 95.00 PER HR
TRACTOR TRAILER-LOWBED 50 TON 105.00 PER HR
TRACTOR TRAILER-FLOWBOY 40 TON 105.00 PER HR
BULLDOZERS
TD7 $ 80.00 PER HR
TD15 WITHOUT RIPPER 135.00 PER HR
TD25 WITHOUT RIPPER 190.00 PER HR
TD25 WITH RIPPER 230.00 PER HR
GRADERS
CATERPILLAR 120 $103.00 PER HR
CATERPILLAR 670 103.00 PER HR
ROLLERS
1 TON ROLLER $ 70.00 PER HR
BOMAG 75.00 PER HR
HYSTER 3-5 TON 75.00 PER HR
DYNAPAC DOUBLE DRUM VIBRATORY 90.00 PER HR
RAYGO VIBRATORY 95.00 PER HR
DD90 INGERSOL RAND 105.00 PER HR
13
01/26/2004.RGM
LOADERS
550 INTERNATIONAL 5 YARD $145.00 PER HR
BACKHOES
FORD 555A/655A
$ 75.00 PER HR
JOHN DEER 790
125.00 PER HR
CATERPILLAR 322
125.00 PER HR
JOHN DEER 710 W/ROCK HAMMER
125.00 PER HR
COMPRESSOR WITH JACK HAMMER
$ 85.00 PER HR
SWEEPER FERGUSON SWEEPER
$ 65.00 PER HR
ROADWIDNER
$120.00 PER HR
LABOR
$ 40.00 PER HR
CHAINSAW WITH OPERATOR
$ 45.00 PER HR
PLATE WACKER WITH OPERATOR
$ 50.00 PER HR
BLACKTOP SAW WITH OPERATOR
$ 50.00 PER HR
SAW BLADES
25.00 PER HR
3 INCH TRASH PUMP
$ 60.00 PER HR
6 INCH PUMP
$ 70.00 PER HR
CURBER
$ 75.00 PER HR
SKIDSTEER LOADER WITH PLANER
$135.00 PER HR
PIPE OR PAVING VAN
$255.00 PER HR
LEAFBLOWER WITH OPERATOR
$ 50.00 PER HR
ESCORT
$ 60.00 PER HR
* ALL HOURLY RATES INCLUDE OPERATORS
* AN ADDITIONAL $15.00 PER HOUR WILL BE CHARGED FOR WORK
TO BE DONE ON A WEEKEND OR HOLIDAY
* AN ADDITIONAL $15.00 PER HR. WILL BE CHARGED FOR WORK
OVER 8 HRS.
BACKHOES $ 85.00 PER HR
FORD 555A/655A
$135.00 PER HR
JOHN DEER 790
135.00 PER HR
CATERPILLAR 322
135.00 PER HR
JOHN DEER 710 W/ROCK HAMMER
135.00 PER HR
ROADWIDNER $125.00 PER HR
LABOR $ 45.00 PER HR
CURBER $ 85.00 PER HR
14
I
SKIDSTEER LOADER W/PLANNER
PIPE OR PAVING VAN
01/26/2004.RGM
$155.00 PER HR
$255.00 PER DAY
* ALL HOURLY RATES INCLUDE OPERATOR AT PREVAILING WAGES
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. 2004-73
RESOLUTION TO AUTHORIZE THE NAMING OF MEADOWOOD SECTION
1 AND 2 TO WHITES CORNER LANE, MEADOWOOD LANE AND
TRUFFLE RIDGE ROAD
The following Resolution was introduced by Councilwoman McCarthy and seconded
by Councilman Paoloni.
WHEREAS, Mark Liebermann, fire Inspector to the Town of Wappinger, has
requested that Meadowood Section 1 (Tax Grid No. 6257-04-863284) to be named to
Whites Corner Lane and Meadowood Section 2 (Tax Grid No. 6257-04948229) to be
named Meadowood Lane and Truffle Ridge Road by written request dated October
21, 2003 to the Town Supervisor Joseph Ruggiero.
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. The Town Board hereby names
Meadowood Section.1 (Tax Grid No. 6257-04-863284) be named to Whites
Corner Lane and Meadowood Section 2 (Tax Grid No. 6257-04-948229) be
named Meadowood Lane and Truffle Ridge Road by written request dated
October 21, 2003 to the Town Supervisor Joseph Ruggiero.
2. The Town Clerk is hereby directed to notify the Dutchess County
Enhanced 911 program of said road name change.
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. 2004-074
RESOLUTION AUTHORIZING THE FURTHERANCE OF POTENTIAL
ACQUISITION OF CRANBERRY HILLS SUBDIVISION
15
01/26/2004.RGM
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilwoman McCarthy
WHEREAS, the Town Board wishes to obtain information concerning the
environmental, engineering, legal and related areas concerning the potential
acquisition of certain property known as the Cranberry Hills subdivision, and
WHEREAS, such inquiry will require use of the Town Planner, Town Engineer,
Town Attorney, and Special Counsel to the Town Board,
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby authorizes Frederick P. Clerk, the town Planner,
Paggi, Martin & DelBene, the Engineer, Vergilis, Stenger, Roberts,
Pergament & Viglotti, LLP, the Town Attorney and Marco Caviglia, Esq.,
Special Counsel, to inquire into and advise he Town Board concerning the
environmental, engineering, legal, and related information which may be
required in furtherance of the potential acquisition of property know as the
Cranberry Hills Subdivision.
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. 2004-75
RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON
FILE
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilwoman McCarthy
BE IT RESOLVED, that the letters and communications itemized on the attached
Correspondence Log are herby 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. 2004-076
RESOLUTION AUTHORIZING THE HIGHWAY SUPERINTENDENT TO
ADVERTISE BIDS FOR FUEL, AGGREGATES, AND VARIOUS SUPPLIES,
AND FOR THE RECYCLE CENTER AND BULK PICKUP
16
01/26/2004.RGM
The following Resolution was introduced by Councilwoman McCarthy and seconded
by Councilman Paoloni.
WHEREAS, Highway Superintendent Graham Foster has requested permission to
advertise for bids for various highway items including fuel, aggregates, supplies,
recycle center materials and bulk pickup items, in accordance with his letter dated
January 20, 2004 to the Town Board.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
1. The Town Board hereby authorizes Highway Superintendent Graham
Foster to advertise for bids for various highway items including fuel,
aggregates, supplies, recycle center materials and bulk pickup items, in
accordance with his letter dated January 20, 2004 to the Town Board.
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. 2004-077
RESOLUTION MAKING CERTAIN DETERMINATIONS WITH RESPECT
TO CONSTRUCTION & IMPROVEMENT OF LAKESIDE DRIVE IN THE
CEDAR KNOLLS SUBDIVISION
(tabled)
RESOLUTION NO. 2004-078
RESOLUTION PROVIDING FOR THE HOLDING OF SPECIAL TOWN
ELECTION FOR PURPOSE OF SUBMITTING A PROPOSITION ON THE
QUESTION APPROVING OR DISAPPROVING A RESOLUTION MAKING
CERTAIN DETERMINATIONS WITH RESPECT TO THE CONSTRUCT &
IMPROVEMENT OF LAKESIDE DRIVE
(tabled)
RESOLUTION NO. 2004-079
RESOLUTION DESIGNATING ELECTION OFFICIALS FOR A SPECIAL
TOWN ELECTION
(tabled)
NEW BUSINESS
Councilman Valdati wished to thank Mark Liebermann, Fire Inspector for
responding to a call at an establishment that was using an outdoor fire pit inside
their establishment and for issuing a summons.
Supervisor Ruggiero moved to designate Tom DellaCorte and Rick Harrison as the
representatives to the Association of Towns, seconded by Councilman Bettina and
unanimously carried.
17
01/26/2004.RGM
At this time, 8:25 p.m. Councilman Paoloni moved to go into Executive Session to
discuss the ambulance situation, seconded by Councilwoman McCarthy and
unanimously carried.
The meeting reconvened at 9:26 p.m. with all board members in attendance.
There was no action taken in Executive Session.
Councilman Bettina moved to close the meeting seconded by Councilman Valdati
and unanimously carried.
The meeting adjourned at 9:27 p.m.
a
Gloria,' ors
Town erk
W;
'orrespondence
Agenda
Number
From
To
Date
Received
Re:
Date
upery sor Joseph
Town Justice Court
2004-1
Thomas Davis
Ruggiero, and Town
12/30/2003
1/5/2004
Prosecutions
1/26/2004
Ruggiero, and Town
2004-2
Sedor & Company
Board
7/3/2004
1/5/2004
Auditing Report
1/26/2004
Renewal of Liquor
2004-3
Villa Borghese
Town Clerk
12/19/2003
1/5/2004
License
1/26/2004
Letter in regards to
Mike Murphy, Public
Supervisor Joseph
Speeding and Cross
2004-4
Works Comm.
Ruggiero
12/30/2003
1/5/2004
Walk
1/26/2004
Tatiana
Lukianoff,Zoning
Memo: Building Pecmit
2004-5
Administrator
Amy & John Goetz
12/22/2003
12/22/2003
Application # 21968
1/26/2004
Loewen Development of
Wappingers Falls, LP v.
Superivisor Joseph
Assessor of the Town of
2004-6
Emanuel Saris
Ruggiero
12/17/2003
12/22/2003
Wappinger, et al.
1/26/2004
Albert Roberts, Town
Absolute Property
2004-7
Attorney
Maurice Salem, Esq.
12/19/2003
Management, Inc.
1/26/2004
2004-8
CAC
Town of Wappinger
12/18/2003
CAC year end report
1/26/2004
Carl S. Wolfson, Town
Superivisor Joseph
2004-9
of Wappinger
Ruggiero
12/12/2003
12/22/2003
Town Justice Report
1/26/2004
Ron Young, Manager
Gloria Morse, Town
Renewal of Liquor
2004-10
Cross Court Tennis
Clerk
12/5/2003
12/22/2003
License
1/26/2004
Letter to Supervisor
Ruggiero in regards to
Fire Chief Glenn
Superivisor Joseph
Kramer's concern about
2004-11
Marie Liebermann
Ruggiero
1/15/2004
Alamo Ambulance.
1/26/2004
Members for attending
meeting in regards to
Kevin Ronk, Vice
Supervisor Joseph
improvements Alamo
2004-12
President of Alamo
Ruggiero
1/22/2004
1/23/2004
has made.
1/26/2004
MayorLgwrence's letter
of suppok to the Town
of Wappinger in
Regards to actions
Mayor Calvin Supervisor Joseph
taken against Alamo
2004-13
'Lawrence Ruggiero
12-Jan
111
Ambulance Corp.
1/26/2004
01/26/2004.PH
An adjourned Public Hearing was held by the Town Board of the Town of
Wappinger on January 26, 2004 at the Town Hall, 20 Middlebush Road,
Wappingers Falls, New York in respect to the construction and improvement
of Lakeside Drive in the Cedar Knolls Subdivision in the Town of Wappinger
Supervisor Ruggiero opened the meeting at 7:30 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Christopher Colsey, Councilman
Joseph Paoloni, Councilman
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Gloria J. Morse, Town Clerk
The Town Clerk offered for the record, the Affidavits of Posting, Publication
and Mailing duly signed and notarized. (These Affidavits are attached hereto
and made part thereof the Minutes of this Hearing).
Supervisor Ruggiero announced that last month we had a public hearing
calling for a special election for the Bonding of $535,000 for the road
construction project in Cedar Knolls, which is currently a private road owned
by the residents of that street. Attorney to the Town, Al Roberts explained
that Tom Rothman, Bond Counsel for the Town has provided the board with
a series of resolutions, one in particular if the board so chooses at the
conclusion of the Public Hearing. They would adopt the resolution that the
proposed improvements are in the public interest and that's followed by a
second resolution authorizing a special election. Attorney Rothman has also
provided a separate opinion letter. What must be understood is that only
property owners abutting the road are eligible to vote. If a husband and wife,
joint tenant or tenant in common, each person on the deed would be entitled
to one vote, except if is a partnership or a corporation the partnership or
corporation would be entitled to one vote. Owners of multiple parcels would
only be entitled to one vote, not one per parcel, but one vote collectively for all
the parcels. Supervisor Ruggiero announced that in other words this evening
when we close the public hearing the board can consider voting on the
Resolution, adopting calling for the Special Election. If the board adopts the
Special Election we have to set the date between 60 and 75 days from tonight.
Councilman Paoloni felt the Resolution was not clear in regard to the district
versus a town wide bond. Councilman Bettina felt if the people were to pay
for this project they should know how much. At this time Supervisor
1
01/26/2004.PH
Ruggiero wished to open the floor for comments or questions from the
audience. Mrs. DeLuca of 23 Lakeside Drive acknowledged change was
needed. . Bob Washburn of 7 Lakeside Drive felt if this road is not safe for
vehicles to get into Lakeside then he felt the residents were not receiving the
same benefits as other tax payers. He felt that there was something that
could be done without putting the burden on the 14 families that live on that
road. Sooner or later the road will become impassable and someone is going
to get hurt. He is a taxpayer and he is not receiving water or sewer. Fire
trucks and ambulances have a problem getting into Lakeside. Supervisor
Ruggiero explained that this project was brought before the town to help you
fix the road, and we are willing to do that. However, you live on a private
road, and you don't pay water or sewer tax. You are part of the fire district
and you pay taxes to them. All the taxes you mention have nothing to do
with this road. This road has been a private road for 70 or 80 years. The
taxes you pay to the town go toward recreation, library, town wide
ambulance. The people who own the road have been negligent in taking care
of the road and if you have problems with neighbors there is a civil remedy
that could address this. Now you come to us. This a legal and only way we
can take over the road. This is something that has been asked of us and we
have looked into it. If the residents say no, it stops. Al Roberts said as a
practical matter, when there is a common easement used by many people,
there is a civil remedy for the maintenance of that easement for those people
who do not contribute to the maintenance. You would have to enforce that.
This subdivision was created many years ago and it would not be permitted
today. The procedure we are following is the only remedy that is available to
you as taxpayers bringing this up to a standard that the town could
maintain. Everyone is going to have to cooperate if this going to take effect.
There is no other way to do this other than the way that has been proposed to
you. Mr. DeLuca felt that this is an extreme safety hazard and you can't lay
$500,000 on 14 people. Everyone is not going to be in favor of paying $2,500
per year. Something is going to happen on that road and we are going to
come back and tell you we told you so. Some one is going to need an
ambulance and no one will be able to get in. The Supervisor reiterated that
if the residents vote this down, we walk away. He is not imposing anything
upon you. If there was a legal way he could do this, he would do it. He
received a phone call from the Montclair Homeowners Association because
they want to repave their road.. They would have to pay to repave it. They
went to their State Assemblyman for help to fund the cost of repaving the
private road and there was nothing he could do, because it was a private
2
01/26/2004.PH
road. Mike Classy of 28 Lakeside wished to know how the town arrived at
the figures for the cost of widening the road. Mr. Paggi explained that we
have taken the tax map and scaled some distances, made some general
assumptions on width of the road, drainage improvements that will be
necessary, and the county entry way on New Hackensack Road. We have
applied unit prices that we have realized on other projects that we have done
in this town and other towns and we generated a ball park figure as a
starting point. Councilman Valdati informed Mr. Classey that we must go
with the lowest bid to be competitive. Councilman Bettina said he would
have a hard time placing the resolution on the ballot until we have a hard
number as to cost. Mr. Roberts explained we can't give costs until there is
an analysis. Until the specific plans are completed and the Engineer gets out
there and determines what has to be done. We already know based on the
survey and information that has been supplied that we have encroachments
into the 50 foot right-of-way. There are some homes that are actually built
either right on and/or have garages that are built within the right-of-way so
we don't have a clear path going from the county road back in there. He went
back there with the Highway inspector and from a non engineering point of
view it would be somewhat difficult to get a cul-de-sac at the end without
impinging on the peoples property. We need to adopt the resolutions first,
authorize the vote and then we can authorize the map, plan and report. Mr.
Foster said another thing to be considered are the wells on the property, trees
that must be cut down and concrete pillars that must be removed. Ann
Marie Sweetland of 25 Lakeside is aware of the changes to be made, but
wants more information before agreeing to this. People are seeing $535,000
and its scaring them away because they have no other information to make a
decision on.
Councilman McCarthy moved to postpone voting on these resolutions
(No.#77, #78 and #79) to go ahead with this project until we can provide the
residents of this community with some very basic, easy to understand
information on the impact of the ball park figure not to exceed $535,000.
Seconded by Councilman Valdati and unanimously carried.
There were no other comments or questions from the audience.
The Public Hearing closed at 8:15 p.m.
Please see attached as per Joseph Ruggiero
lori se
Tow erk
3
Gina Basile
From: Joe Ruggiero
Sent: Monday, February 02, 2004 9:31 AM
To: Gina Basile
Subject: FW: January 26 Town Meeting re: Lakeside Drive (Cedar Knolls)
CEDARKNOLLS.doc
(25 KB)
Please give copy of statement to the Town Clerk so these comments are added
nto the record.
----Original Message -----
From: Messinger, LisaImailto: Lisa. Messinger@metmuseum. org]
Sent: Sunday, January 25, 2004 10:13 AM
To: supervisor@townofwappinger.us; wappsupv@townofwappinger.us
Subject: January 26 Town Meeting re: Lakeside Drive (Cedar Knolls)
Dear Mr. Ruggiero:
I am unable to attend the Town Meeting on Monday, January 26 when the discussion of the
Lakeside Drive road will be continued, but would like to have the following statement
entered into the official record.
I, Lisa Messinger (owner of 13 & 17 Lakeside Drive), would like to reiterate my objection
to any proposal that would turn over ownership of Lakeside Drive to the Town of Wappingers
Falls. Should this be the eventual outcome of this hearing, I will not willingly turn
over any property covered in my deed of land ownership (which I believe extends into the
center of the road). I also object to the Town spending any money on engineering studies
that will result in the road being widened from its present width, and also object to the
Town issuing any bond that will increase my current taxes.
Please refer to my previous statement (attached below) for a fuller explanation of my
objections.
<<CEDARKNOLLS.doc>>
Thank you.
E sincerely,
�Itisa Messinger
13 & 17 Lakeside Drive
Wappingers Falls, NY 12590
TOwN CLERK
My name is Lisa Messinger and my family has owned a home in Cedar Knolls
(Lakeside Drive) for almost 50 years. There is a special character and quality to this
community, which developed as an enclave of summer homes along a dead end
road. Over the course of time, all of the houses along the road were converted for
year round use and the road went from dirt to paved. With few exceptions all of the
homes maintain their own wells, although a community well and pump continue to
be used by some of the properties. As a private community, the care and repair of
Lakeside Road has been managed through a Residence Association and the
voluntary collection of annual road dues.
While I fully accept that there are more full-time residents on the road and that their
access needs have changed, I do not believe that the concerns of the community —
public safety, snow removal, and road maintenance — can or should be resolved by
asking the Town of Wappinger to assume ownership and responsibility for the road.
Nor do I think it is in the best interest of the Town or the community to expend the
hundreds of thousands of dollars suggested by the preliminary cost estimate to widen
and pave the road, because the final result will never meet the hopes or expectations
expressed by residents at previous community meetings.
As proposed, the Town would evaluate the feasibility of widening the road to 18 feet
in an effort to create a path wide enough for emergency vehicles to travel. While all
of the houses on the lower portion of the road are easily accessible now, there is a
problem at the top of the hill and the dead-end portion of the road. I understand and
agree with the community's concern about safety, but widening the entire road is
unnecessary. It is my belief that the Cedar Knolls community should share the cost
of widening only the section of the road at the top of the hill for better access to the
houses closest to the cul-de-sac. However, even with a wider roadway, the issue of
emergency vehicles getting out again will not be resolved, because the road dead -
ends into a private drive.
By widening the road in an attempt to solve one safety concern, I strongly believe
that you are creating another safety concern — speeding cars. Today, the road is one
lane with a 10-15 mile speed limit. To my knowledge there has never been an
accident on the road. However, if the road is widened and paved to accommodate
two lanes and the speed limit increased to 25 or 30 miles, as has been suggested, you
will be creating a very dangerous condition for vehicular and pedestrian traffic.
People drive too fast on the road in its current condition. Providing better conditions
to speed has the potential for accidents, property damage, and harm to anyone
walking on the road, especially since there are no paved sidewalks.
The second issue raised as a justification for turning the road over to the Town is
snow removal. Lakeside Drive is a dead-end road serving a handful of homes. My
sister is trained as a City Planner and currently works for a major urban public
transportation authority. As she has pointed out, the Town of Wappinger must
always be concerned about allocation of resources, especially for activities that have
a degree of uncertainty to them, like the amount of snow that will fall during the
course of the winter. Lakeside Drive is not a primary or secondary road; we are at
best a tertiary road, one that would fall at the bottom of long list of roads that would
need to be plowed in the event of a snowstorm. So it is not likely that our road
would be plowed immediately after a snow fall, even if the Town owned it.
Therefore, if one of the purposes of turning over the road in hopes of getting quicker
snow removal than from the private contract service we now employee — this is not
likely or reasonable to expect.
There are other unexplored variables that I believe will ultimately significantly
increase the cost of this project and create undue hardships for individual residents
because their wells, driveways, and front entrances are in the path of the new road.
Additionally, some of the property closest to New Hackensack Road has been
identified as wetlands, which raises concerns about the ability to claim this land for
road widening.
The issues we confront at Cedar Knolls about road conditions and safety are
community ones that should be solved by the community working together and not
by asking the Town try and fix our problems because of a lack of cooperation on the
part of some property owners. I believe the community has legal options they may
be able to pursue against those property owners that do not pay their fair share of the
road dues, which we have not explored or exhausted.
I commend the great community energy that has gone into seeking the Town's
support for this effort, but I believe this energy should be directed towards getting the
property owners who don't pay to contribute their rightful share to upgrade,
maintain, and improve the road, including widening the road at the top of the hill. It
would seem to be unreasonable to assume that individuals who fail to pay the
nominal road dues ($150.00 annually) or even those who are contributing members
of the community will be happy about paying the significant increase in property
taxes that will result from this work. For those on fixed incomes or for those who
maintain these residences as second homes (as we do), this will be an additional
financial burden.
I do not believe it is in the best interest of the Town to invest the resources to pursue
this matter. On behalf of my family, I thank the Town for their interest in our
community's well-being, but I wish to make known my opposition to any further
action or study by the Town on this matter.
Thank you for the opportunity to provide this information.
Sincerely,
Lisa Messinger
13 & 17 Lakeside Drive
Cedar Knolls
Wappingers Falls, NY 12590