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2003-10-27 RGMTOWN OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to Flag SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-2744 FAX: (845) 297-4558 Monday, October 27, 2003 7:30pm Wappinger Town Hall AGENDA Receipt and Approval of Minutes September 22, 2003 Regular Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2003CL-329 to 200CL-337 Discussions: Mantilla Paper Road Request Cablevision Presentation - Roger Connor TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Resolutions: 2003-250 Resolution Authorizing Bid for 99-2R Contract 7 2003-251 Resolution Authorizing Purchase Order for Recreation Snow Plow 2003-252 Resolution Authorizing the Dedication of Carmel Heights 2003-254 Resolution Authorizing Change Order No. 1 for 99-2R Contract 6 2003-255 Resolution Adopting Preliminary Budget and Setting Public Hearing 2003-256 Resolution Awarding Bid for 99-2R Contract 7E 2003-257 Resolution Accepting Correspondence Log 2003-258 Resolution Authorizing the Naming of Hillcrest Court New Business/Comments Adjournment 10/27/2003.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on October 27, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Absent: Joseph Paoloni, Councilman The Supervisor asked all to join in the Pledge of Allegiance to the Flag RECEIPT & APPROVAL OF MINUTES The Minutes of the Regular Meeting of September 22, 2003 having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilman Colsey moved to accept the above stated Minutes as submitted by the Town Clerk be and are hereby approved. Seconded by Councilman Valdati Motion Unanimously Carried SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. Councilman Colsey moved to suspend the rules for purposes of public comment on agenda items. Seconded by Councilman Valdati Motion Unanimously Carried CORRESPONDENCE LOG 2003 -CL -329 TI 2003 -CL -337 (See Attached Sheet) DISCUSSIONS: • Mantilla Paper Road Request. The road in question is located off Cider Mill Loop between houses #145 and #149. The property is a paved road which the Highway Department does not recognize as a town road and there are no public records naming the owner of the property. Due 1 10/27/2003.RGM to its status as a "paper road," it is not maintained or plowed The road is currently being used as a communal dumping area even thought a "No Dumping $500 sign has been posted. Within the past week Mr. Mantilla has witnessed the dumping by professional services of waste macadam, concrete mix and backhoe loads of dirt as well as cleared trees. The road is also used as a parking lot and a place for people to loiter in their cars. It is has become quite an eyesore. Mr. Mantilla is requesting the town allow him to acquire the property or prevent further traffic on the road by removing the existing black top and planting grass. Attorney to the Town, Al Roberts informed the board that he is waiting for the title search to find out who the last owner was. If its unneeded property, the town board would have the right to sell it for its value. • Cablevision Presentation. Mr. Rooney, a representative of Cablevision went over a proposal for the reinstatement of News Center 6. The proposal is laid out in the memorandum of understanding that was attached to the September letter. It states that within 90 days of the memorandum execution by all the affected municipalities, which are listed on the schedule on the back, Cablevision would reinstate the news service within 90 days. The cost associated with the news would be approximately $350,000 per year which works out to $.58 per month for each subscriber. The memorandum further states that any advertising revenues that are purchased on news programming would be considered an offset to the news production costs in the future. Councilman Valdati said it was mentioned that any revenue gendered by advertising during that block of time would be offsetting the cost of production, is that correct?. Mr. Rooney replied, "Yes". The memorandum of understanding also caps the amount that cablevision can pass through an increase on an annual basis to the subscribers 2% a year. Councilman Valdati also wished to know if there was any way to see what revenues have been for News Center 6 over the past five years. Mr. Rooney replied that it was not significant in the terms of advertising dollars. It was a cost reduction move. Mr. Bettina said he would like to look at the numbers. Mr. Rooney answered that this agreement gives you the right to look at the numbers in the future. The board members wished to look at the past numbers. Mr. Rooney said he would be glad to sit down with the board to see if they could do that. He was not sure that there was anything in the franchise which would obligate them to turn over any specific advertising. Supervisor E 10/27/2003.RGM Ruggiero informed the board, it was his understanding, that in order to go forward with this news program, 15 other municipalities would need to adopt this memorandum of understanding. Supervisor Ruggiero requested Mr. Rooney to gather all the data for the board members and once that is supplied, it will be placed on the agenda again. RESOLUTION NO. 2003-250 RESOLUTION AWARDING CONTRACT FOR WAPPINGER WATER IMPROVEMENT AREA 1999-2(R) CONTRACT NO. 7 The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the advertisement for bids for Wappinger Water Improvement Area 1999-2(R) Contract No. 7 was published in the Southern Dutchess News and Poughkeepsie Journal newspapers on October 8, 2003; and WHEREAS, bids were opened on October 21, 2003 and reviewed by Gloria J. Morse, Town Clerk of the Town of Wappinger; and WHEREAS, Joseph E. Stankavage, P.E. of Paggi, Martin & Del Bene, Engineer to the Town of Wappinger, 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 Wappinger Water Improvement Area — 1999-2 (R) Contract No. 7 is hereby awarded to Waltech Construction Co. doing business at 203 Route 17M, Middletown, New York for the price of Seven Hundred and Sixty Eight Thousand, Nine Hundred and Ninety Two Dollars ($768,992.00) in accordance with the award recommendation letter dated October 22, 2003 from Joseph Stankavage, P.E. of Paggi, Martin & Del Bene, Engineers to the Town of Wappinger, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of 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 Joseph Paoloni, Councilman Voting Absent Christopher Colsey, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-251 3 10/27/2003.RGM RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR SNOW PLOW FOR RECREATION TRUCK The following resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, the Recreation Committee has recommended the purchase of snow plow for their truck to assist in snow removal at the various parks; and WHEREAS the Recreation Commission received bids as follows: Hudson River Truck and Trailer $3,050 Hoselton Chevrolet $3,199 King Truck Equipment Not available WHEREAS, the Recreation Committee has requested a purchase order in the amount of Three Thousand, Fifty Dollars ($3,050.00) payable to Hudson River Truck and Trailer. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of Three Thousand, Fifty Dollars ($3,050.00) payable to Hudson River Truck and Trailer from Capital Equipment HMM7110.2, in accordance with a letter dated October 16, 2003 from Ralph Holt, Recreation Chairman, 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 Joseph Paoloni, Councilman Voting Absent Christopher Colsey, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-252 RESOLUTION ACCEPTING ROADS, EASEMENTS, UTILITIES AND OTHER IMPROVEMENTS TOGETHER WITH ACCEPTING A PERFORMANCE AGREEMENT AND MAINTENANCE AGREEMENT SECURED BY LETTERS OF CREDIT IN CONNECTION WITH THE CARMEL HEIGHTS SUBDIVISION The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, Z&M Development Corp. has previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision map entitled "Carmel Heights Subdivision" prepared by Richard Barger, P.E. dated September 24, 1982, and as may have been revised from time to time thereafter; and r 10/27/2003.RGM WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval, by Resolution dated March 21, 1983 subject to, and conditioned upon, fulfillment 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, Town Law §277 requires a developer of a 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, Z&M Development Corp. has completed all of the improvements required by the Resolution of Subdivision Approval, except for the installation of a detention pond as per plans prepared by Taconic Design Consultants dated November 26, 2001 and November 28, 2001, copies of which are on file in the Building Department of the Town of Wappinger; and WHEREAS, Z&M Development Corp. is unable to complete the installation of the aforementioned detention pond at the present time because weather conditions will not permit such completion; and WHEREAS, Z&M Development Corp. has agreed to complete the detention pond by July 2004 and to secure its obligation to guarantee the installation of the detention pond, Z&M Development Corp. has executed a Performance Agreement secured by a Letter of Credit issued by the Bank of New York in the sum of Thirty Five Thousand Dollars ($35,000.00) and personally guaranteed by Zvi Segal in favor of the Town of Wappinger; and WHEREAS, the Town Board has determined it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Carmel Heights Subdivision, to accept the roads, easements, utilities and other improvements that have been constructed to date; and WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, Z&M Development Corp. is required to guarantee that the quality and workmanship of the improvements accepted by the Town will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to secure the obligations to guarantee the quality and workmanship of the improvements, Z&M Development Corp. has executed a Maintenance Agreement secured by a Letter of Credit issued by the Bank of New York in the sum of One Hundred and Thirty Seven Thousand, Two 5 10/27/2003.RGM Hundred and Eight Dollars ($137,208.00) in favor of the Town of Wappinger, which is twenty percent of the original Performance Bond. 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 residents of the Town of Wappinger, particularly the residents of the Carmel Heights Subdivision, to accept the roads, easements, utilities and other related improvements made and constructed in connection with said Subdivision, with the exception of the detention pond which is to be constructed prior to July 2004. 3. The Town Supervisor, Joseph Ruggiero, the Town Clerk, Gloria Morse, the Engineer to the Town, Joseph E. Paggi, Jr., and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements, and any other related documents previously offered for dedication to the Town and held by the Town Clerk, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary to effectuate such recording and/or filing. 4. The Performance Agreement executed on October 8, 2003 by Z&M Development Corp., and personally guaranteed by Zvi Segal, with an address at 12 Plaza Road, Town of Wappinger, Dutchess County, New York, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty of completion of the construction, installation of the detention pond above described. 5. The Letter of Credit issued by the Bank of New York, bearing number S00048666 and issued in favor of the Town of Wappinger in the sum of Thirty Five Thousand Dollars ($35,000.00) securing the obligations set forth in the Performance Agreement, is hereby accepted as security for the Performance Agreement. 6. The Maintenance Agreement executed on October 8, 2003 by Z&M Development Corp. with an address at 12 Plaza Road, Town of Wappinger, Dutchess County, New York, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty that the quality and workmanship of the improvements will be free from defects in materials and workmanship for a period of one (1) year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. 1.1 10/27/2003.RGM 7. The Letter of Credit issued by the Bank of New York bearing number 50004665 and issued in favor of the Town of Wappinger in the sum of One Hundred and Thirty Seven Thousand, Two Hundred and Eight Dollars ($137,208.00) securing the obligations set forth in the Maintenance Agreement, is hereby accepted as security for the Maintenance Agreement. Voting Aye Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Paoloni, Councilman Voting Absent Christopher Colsey, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-254 RESOLUTION AUTHORIZING COMPLETION CHANGE ORDER NO. 1 FOR 99-2R CONTRACT NO.6 The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene have approved Completion Change Order No. 1 for Wappinger Water Improvement Area -1999-2R as per a letter dated October 15, 2003, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth ate incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves completion change order No. 1 dated October 15, 2003 to Wappinger Water Improvement Area - 1999 -2R, Contract No. 6 between the Town and Grant Street Construction in the amount of Two Thousand, Seven Hundred and Forty -Eight and 63/100 ($2,748.63) for the reasons set forth in the letter dated October 15, 2003 from Charles DelBene of Paggi, Martin & DelBene 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 Joseph Paoloni, Councilman Voting Absent Christopher Colsey, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-255 RESOLUTION APPROVING PRELIMINARY BUDGET FOR FISCAL YEAR 2004 AND DIRECTING A PUBLIC HEARING THEREON 7 10/27/2003.RGM The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, the Town Supervisor, as Budget Officer, pursuant to Section 106 of the Town Law has presented the Tentative Budget to the Town Board for review, examination and possible revision; and WHEREAS, the Town Board has reviewed same and has made changes thereto deemed reasonable and appropriate. 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. Pursuant to and in accordance with the provisions of Section 106 of the Town Law and other applicable provisions of law, the annexed detailed statement of estimated expenditures and revenues be and the same is hereby approved and adopted as the Preliminary Budget of the Town of Wappinger for the fiscal year beginning January 1, 2004. 3. The Preliminary Budget adopted herein shall forthwith be filed in the Office of the Town Clerk in the Town of Wappinger where it shall be available for public inspection. 4. The Town Board of the Town of Wappinger shall meet at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 6th day of November, 2003 at 7:30 p.m. and then and there shall hold a Public Hearing upon such Preliminary Budget. 5. The Town Clerk of the Town of Wappinger shall give Notice of such Public Hearing in the format attached hereto by publishing Notice thereof in the Southern Dutchess News, the official newspaper of the Town of Wappinger, and also in the Poughkeepsie Journal, at least five (5) days prior to November 6th and the Town Clerk shall cause a copy of said Notice to be posted on the sign board of the Town no later than five (5) days before the scheduled Public Hearing. 6. This Resolution shall take effect immediately. 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 Joseph Paoloni, Councilman Voting Absent Christopher Colsey, Councilman Voting Aye The Resolution is hereby duly declared adopted. 0 10/27/2003.RGM RESOLUTION NO. 2003-256 RESOLUTION AWARDING CONTRACT FOR WAPPINGER WATER IMPROVEMENT AREA 1999-2(R) CONTRACT NO. 7(E) The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the advertisement for bids for Wappinger Water Improvement Area 1999-2(R) Contract No. 7(E) was published in the Southern Dutchess News and Poughkeepsie Journal newspapers on October 8, 2003; and WHEREAS, bids were opened on October 21, 2003 and reviewed by Gloria J. Morse, Town Clerk of the Town of Wappinger; and WHEREAS, Joseph E. Stankavage, P.E. of Paggi, Martin & Del Bene, Engineer to the Town of Wappinger, 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 Wappinger Water Improvement Area — 1999-2 (R) Contract No. 7(E) is hereby awarded to Sausto Contracting, Inc. doing business at 2 Cove Road, Rhinebeck, New York for the price of Two Hundred and Fifty Two Thousand, Dollars ($252,000.00) in accordance with the award recommendation letter dated October 22, 2003 from Joseph Stankavage, P.E. of Paggi, Martin & Del Bene, Engineers to the Town of Wappinger, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of 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 Joseph Paoloni, Councilman Voting Absent Christopher Colsey, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-257 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. �07 10/27/2003.RGM 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 Joseph Paoloni, Councilman Voting Absent Christopher Colsey, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-258 RESOLUTION TO AUTHORIZE THE NAMING OF HILLCREST COURT The following resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, John Goetz has requested that a private road in the Keenan Acres Subdivision be named to Hillcrest Court. 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 names the private road for the Keenan Acres Subdivision Hillcrest Court in accordance with the written request dated October 27, 2003 from John Goetz to Hon. Joseph Ruggiero. 3. 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 Joseph Paoloni, Councilman Voting Absent Christopher Colsey, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS/COAUdENTS Councilman Valdati wished to know the status of the Fire Vessel purchase. Mr. Roberts explained that he had received quite a bit of information which is in draft form and will be circulated for board review. Councilman Valdati also wished to if we had received any of the Agendas from the Village. Mrs. Morse replied that we had not, and we had just received the Towns Agenda prior to tonight's meeting. Councilman Valdati is requesting the Town Clerk to send our agendas to the 10 G' 10/27/2003.RGM Village of Wappinger and request the Village to send their agendas to us so we may work more closely together. Councilman Bettina announced that some of his signs has been stolen, and the individual was caught. There was no other business to come before the board. Councilman Bettina moved to close the meeting seconded by Councilman Colsey and unanimously carried.. The meeting adjourned at 7:55 p.m. Gloria J. Morse Town Clerk 11 Town Board Correspondence Log Document # To From Date Received Re Agenda 2003CL - 0329 !,'seph Ruggiero, Supervi Heather Kitchen 9/10/03 9/11/03 Monthly Report 10/27/2003 2003CL- O330 Joseph Ruggiero, Supervi Micheal P. Tremper, CA 9/23/03 9/25/03 Roy C. Ketcham Highschool and Myers Corners El 10/27/2003 2003CL- 0331 Joseph Ruggiero, Supervi Carl S. Wolfson, Town Ju 9/10/03 9/11/03 Monthly Report 10/27/2003 2003CL - 0332 Joseph Ruggiero, Supervi Patricia Maupin, Reciever 9/1/03 9/10/03 Monthly Report 10/27/2003 2003CL - 0333 Town of Wappinger William R Steinhause, C 9/19/03 9/23/03 County Exec. Takes steps in securing Water Syste 10/27/2003 2003CL-0334 Town of Wappinger Twin Lakes Sportsmen 9/19/03 9/24/03 Twin Lakes Sportsmen Renewing Liquor License 10/27/2003 'i003CL -0335 Town of Wappinger William R Steinhause, C 9/30/03 10/02/03 County Executive Announces Grant to Combat Se 10/27/2003 2003CL -. Q336 Joseph Ruggiero, Supervi Emanuel Saris 9116/03 9/19/03 Amico Chelsea Ridge, LLC v. Town of Wappinger 10/27/2003 2003CL - p337 Joseph Ruggiero, Superiv Emanuel Saris 9/24/03 9/25/03 Sherwood Condominiums I & II v. Town of W appi 10/27/2003 Thursday, October 23, 2003 Page 1 of 1