2001-11-26 RGMAGENDA
TOWN BOARD TOWN OF WAPPINGER
NOVEMBER 26, 2001
7:30 P.M.
1. SUPERVISOR CALL TO ORDER
2. ROLL CALL, PLEDGE ALLEGIANCE TO FLAG
3. REPORT OF OFFICERS: Receiver of Taxes, Super/Compt., Building Inspector, Zoning
Administrator, Justice Court, Dial- A- Ride -Report, Assessors Report, Dog Warden Report
4. Accept Minutes, Town Board Meeting October 22, 2001
5. PETITIONS & COMMUNICATIONS
a. Tracy Cole, 6 Martin Dr. re: waive late fee on water bill.
b. Jodi Turner 6 Hearthstone Dr. re: waive late fee penalty water bill.
C. K & W Kneave 8 Glen Brook Ct re: low gpm's at well
d. L. & W. McCluskey re: Capolino Special Use Permit Application
e. Hughsonville Fire Dist. request for use of Voting Machine 12/11/01
f. CAMO re: (1) Contract renewal (2) Terrorist Threat Adv. Town water systems (3) Low Wtr.
Pressure Oakwood Water Dist. (4) Water Main Break, Scott Drive.
g. Al Roberts, Atty to Town (1) Castor Alverez, Jr. 178 Smithtown Rd (2) Andrew Perry 27
Robert Lane C.O. (3) Bourbon Property, Dugan Lane
h. Zvi Segal re: Dedication of Phase II Sherwood Heights
i. Poval Engineering, PLLC re: Shamrock Hills Subdivision
j. Dutchess County Dept Health re: Anvil Court Water Main Ext. Approval
k. Emanuel Saris, re: Notice of Settlement (1) Advance Advisory Corp vs T/W (2) Rawls vs T/W
(3) Turco vs. T/W (4) Herbert Redl vs T/W
1. Ralph Holt, Chairman Recreation re: Personnel Policy
in. Ralph Holt, Chairman Recreation requests for P.O.'s (1) $3,000 payable to Dutchess Metal,
Chelsea Boat Ramp improvement (2) $1,136.65 payable to EZ Instant shelter (3) P.O. $2,800
payable BSN for new bleacher
n. Request for return of Escrow (1)Susan & Mark Bohlinger 39 Morgan Court $1,000, driveway
(2) Richard Sieglmund, 20 Carmel Heights, $1,000, Driveway. (3) Honey Bear Day Care
Center 48 Old Rte 9 $237.70, Site Plan escrow. (4) R & L Taylor 6 Plaza Rd $50 variance app.
fee (5) A&D Basile 3 David Loop $50 variance app fee.
o. Notification of intent to renew liquor licenses from (1) Villa Borghese, Widmer Road (2) Cross
Court Tennis Club, New Hackensack Rd.
P. G. Foster, Highway Superintendent memos (1) Complaint 197 Osborne Hill Road. (2) List of
Town Roads requiring major reconstruction (3) Doyle Drive Ooze (4) List of Private Road
signs received. (5) J. Paggi correspondence of June 6, 1989 re: Nicomedus Drainage Rt. 376 &
Diddell Road.
q. Jay Paggi, Engineer to Town Reports. (1) 11/5/01 Alpine Wells (2) 10/29/01 WST/TIA Phase 3A,
Contract No. 5 re: Amy Clear (3) 10/30/01178 Smithtown Road (4) 10/30/01 Rockingham
Curbs (5) 10/4/01 WST/TIA Tri -Muni Sewer Plant Expansion Schedule (6) 10/16/01 WST/TIA
Phase 3A Contract No.3 Various Field Inspections (7) 11./14/01 Kablaoui Sub- division St.
Nicholas Road (8) 10/8/01 Accept & set PH Wappinger Park Water Connection to CWWIA
(99-211) Feasibility Study (9) 9/21/01 Accept and move to Workshop, Preliminary Map,
Plan and Report WST/TIA Phase 3B (10) 7/21/01 Accept and set PH Fleetwood II Water
District Map, Plan and Report (11) Accept and set PH Oakwood Knolls Water District Map,
Plan and Report.
r. Meadowood Water Filtration Facility Full Environmental Assessment Form Part 1.
S. Application for Change of Zone, Atlantic Mortgage Bankers, Ltd.
t. Accept Deeds for Highway #1 and #2, Reese subdivision, Ketchamtown Road w/Title Report
and Title Insurance..
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
Zoning Administrators Report
8. RESOLUTIONS
a. Consider Adoption of Benefit Assessment Rolls for all Water & Sewer Districts & Improvement
Areas.
b. Adopt Bond Resolution for purchase of Highway Equipment 2001
9. UNFINISHED BUSINESS
a. Gals
b. Sal Morello, salary reimbursement
C. Appoint Assessor
NOTICE• YEAR END MEETING TO BE HELD THURSDAY, DECEMBER '27,2001 AT 7:30
11/26/2001.RGM
The Regular Meeting of the Town Board of the Town of Wappinger was held
on November 26, 2001 at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York. Supervisor Smith called the Meeting to order at 7:30 p.m.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
Joseph Paoloni, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Albert Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
REPORTS OF OFFICERS
Reports for the month of October were received from the Town Justices,
Supervisor/Comptroller, Building Inspector, Zoning Administrator, Receiver
of Taxes, Dog Warden, Dial -A -Ride and Assessor.
COUNCILMAN RUGGIERO moved to accept the reports and place them on
file.
Seconded by Mr. Valdati
Motion Unanimously Carried
The Minutes of the Town Board Meeting of October 22, 2001, having
previously been forwarded to the Board Members, was now placed before
them for their consideration.
COUNCILMAN BETTINA moved that the above stated minutes as presented
by the Town Clerk be and they are hereby approved .
Seconded by Mr. Paoloni
Motion Unanimously Carried
Correspondence from Tracey Cole of 6 Martin Drive requesting the Town
Board to waive a late fee penalty. She has been living on Martin Drive for 8
years and has never been late with a bill. She claims she never received this
one. Discussion followed.
COUNCILMAN PAOLONI moved to waive the late fee penalty as requested
by Mrs. Cole.
Seconded by Mr. Bettina
Motion Unanimously Carried
Correspondence from Jodi Turner of 6 Hearthstone Place, informing the
Receiver of Taxes that she never received her last bill and had no idea her bill
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was late. She is requesting to have her late fee penalty waived. Discussion
followed.
COUNCILMAN PAOLONI moved to waive the late fee penalty as requesting
by Mrs. Turner.
Seconded by Mr. Bettina
Motion Unanimously Carried
Correspondence from Mr. & Mrs. Neave of 8 Glen Brook Court informing the
Board that current gpm's of their well is 1.5 and has been since moving into
their home. If the town plans on hooking up water in the near future, they
wish their neighborhood be considered for this as soon as possible.
COUNCILMAN PAOLONI moved to accept the correspondence and place it
on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence from Mr. & Mrs. McCluskey 2430 Route 9D in regard to
their concerns over the Special Use Permit requested by Keith Capolino. In
the application outdoor storage of more than one vehicle is requested. For
the past several years, they have been trying to have the town assist them
with their complaint of a commercial business being operated directly behind
their home. They are concerned that if Special Use permit is granted the
operation of the commercial business in a residential area will continue.
Should Mr. Capolino's request be approved, they are requesting the approval
stipulate the type of vehicles to be stored (and/or operated) and that such
specification exclude approval of construction vehicles. Ms. Lukianoff,
Zoning Administrator explained that the Town Board received a letter dated
October 18th, which stated that Mr. Capolino in 1999, was court ordered to
apply for a Special Use Permit, and he had not done so. She gave him the
options to clean up the property or apply for a Special Use Permit. His
application is on the Planning Board agenda for December.
COUNCILMAN BETTINA moved to accept the correspondence and place it
on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence from Diane C. Birney , District Secretary for Hughsonville
Fire District, with a request for the use of a Town Voting Machine for their
annual upcoming District Election, to be held December 11, 2001.
COUNCILMAN RUGGIERO moved to approve the request from the District
Secretary, for the use of a Town Voting Machine for their upcoming election
on December 11, 2001.
0
Seconded by Mr. Paoloni
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Motion Unanimously Carried
Next are several memos from Mike Tremper of CAMO Pollution Control. The
first is a memo requesting the Town renew the existing agreement between
the Town of Wappinger and CAMO Pollution Control, Inc.
COUNCILMAN RUGGIERO moved to authorize Mr. Tremper forward a copy
of the contract to Al Roberts, Attorney to the Town for his review.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The next memo concerns Terrorist Threat Advisory for the Town Water
Systems. As you are aware, the New York State Health Department has
forwarded a letter to the Town containing recommendations to protect
municipal water systems from possible terrorists. We are in compliance
when it comes to fences, locks etc., but the lockdowns of the water systems
are not designed as top security or to prevent access of someone who is
seriously determined to gain access for possible sabotage of the system.
COUNCILMAN VALDATI moved to authorize the Town Patrol to tour the
water systems with Mr. Tremper and present recommendations.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The next memo concerns the low water pressure experienced at the Oakwood
Water District on November 9, 2001 and the measures that were taken to
correct the situation.
COUNCILMAN PAOLONI moved to accept the memo and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Mr. Tremper also reported that a water main break occurred on November 6,
2001 on Scott Drive at 12:30 p.m.. CAMO responded immediately and upon
investigation, found a water main leak. It was necessary to shut off the
section of the water main in order to repair it. The leak was repaired at
approximately 8:30 p.m. and CAMO began the process of restoring water to
the Rockingham Development.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Several Reports from Al Roberts, Attorney to the Town. The first report
concerns the Castor Alvarez Jr. property on 178 Smithtown Road. As
instructed, Mr. Roberts contacted Mr. Alverez's son, Steve, and attempted to
negotiate a downward price on the lot. Mr. Alverez is elderly and disabled
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and his son, Steve is his spokesman. Steve indicated, on behalf of his father,
that they were not interest in losing the entire property because of
sentimental reasons, but would be willing to convey enough land so that the
road could be straightened out provided there was enough land remaining to
place the well, trailer and septic. After inspecting the site with Mr. Foster, it
was determined that there is a possibility that Mr. Alverez's proposal would
work. It would require additional survey work by Jay Paggi's office. It
should be pointed out that the lot is located in a R-80 District (2 acres) and
the lot is already substandard. Both he and Mr. Foster recommend that this
alternative be explored.
COUNCILMAN BETTINA moved to authorize Mr. Paggi to perform a survey
and return with recommendations.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is a reply Mr. Roberts sent to Mr. Andrew Perry of 27 Robert Road, in
regard to a Certificate of Occupancy that was issued to Mr. Perry in 1999 and
the problems he has experience with LMD Homes and Gardens. He informed
Mr. Perry that the Town of Wappinger Building Inspector is not a Guarantor
of the quality of construction by a private contractor. His function is to
inspect for general compliance with the State's Building Code, and not meant
as a guarantee of the proper construction or quality of materials and
workmanship by the private contractor. He also explained that the Courts of
this State have consistently held that neither a Building Inspector nor the
municipality which he serves is liable for negligence in the exercise of the
discretion involved in granting a Certificate of Occupancy or for failure to
uncover violations during an inspection.
COUNCILMAN RUGGIERO moved to accept the correspondence and place it
on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
The last report from Mr. Roberts concerns the Borbon Property located on
Dugan Lane. Mr. Roberts reported that he and Mr. Foster viewed the
property and as best as he can determine sees no responsibility on the part of
the Town. The portion of Mr. Borbon's property that is flooding has a hallow
surrounded by several hills. It would appear that water would naturally
gravitate to this low depression. The Town has a drain culvert which
discharges into this hollow. According to Graham Foster and Jay Paggi, the
drainage pipe has been there for at least 15 years. It is hard to determine
whether the pipe adds any water, but most of the water in the area would
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flow to this depression in any event. This is a private problem to be resolved
by Mr. Borbon.
COUNCILMAN RUGGIERO moved to authorize Mr. Robert to send a letter
to Mr. Borbon explaining that this is a private problem and the Town is not
responsible.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Correspondence from Zvi Segal in regard to the dedication of Phase II of
Sherwood Heights. Mr. Segal was requested by the Engineer to the Town
and the Highway Superintendent to prepare the last portion of Sherwood
Heights so it can be dedicated to the Town of Wappinger. All legal
documents for this section requested by the Town Attorney were submitted to
the Town of Wappinger in September of 1997 prior to the issuance of any
building permits. Mr. Paggi explained that he and Graham Foster went out
to look at the work that was done that is acceptable, however they felt that
there was additional work needed to be done prior to the town accepting the
road. If the work is done and the proper paper work has been filed with the
Town according to Mr. Roberts, then it can be accepted at the December
Workshop or December Town Board Meeting. Mr. Roberts said he checked
his old files, and he had previously approved this back in 1998. The original
deeds are in the Town Clerks office and there was an offer of dedication filed
in the County Clerks office.
COUNCILMAN RUGGIERO moved to table this request to the December
10th Workshop.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Correspondence from Povall Engineering PLLC explaining they are presently
preparing the Final Environmental Impact Statement for the Shamrock Hills
Subdivision, a proposed 42 lot subdivision located on Old Hopewell Road.
They wish to know the present status of town water and sewer improvements
as related to the project area.
141W
COUNCILMAN RUGGIERO moved to refer questions to Engineer to the
Town, Jay Paggi.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Correspondence from Dutchess County Department of Health approving the
North Wappinger Water District, Anvil Court Water Main Extension. By
issue of the letter, authorization is issued to operate the system.
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COUNCILMAN PAOLONI moved to accept the correspondence and place it
on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Notification from Emanuel Saris Tax Attorney for the Town, advising
Notices of Settlement and Orders for: Advance Advisory Corp. vs. Town of
Wappinger; Rawls vs. Town of Wappinger; Turco vs. Town of Wappinger;
Herbert Redl vs. Town of Wappinger. Attorney to the Town, Al Roberts
advised the Town Board that this should be discussed in Executive Session.
CORRESPONDENCE from Ralph Holt, Recreation Chairman regarding the
Personnel Policy that was adopted by the Town Board May 29, 2001. "The
Town designates certain holidays during which the town offices will be closed
for business and full and part time employees scheduled to work on a holiday
will be paid at a regular rate". Mr. Holt feels that part time employees
should be paid for Election Day and other upcoming holidays if they are
normally scheduled to work those days.
COUNCILMAN VALDATI moved to table to the next Workshop for
discussion.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next are several requests for P.O.'s from Ralph Holt, Recreation Chairman.
The Town of Wappinger is looking to move forward on the next improvement
phase of the Chelsea Boat Ramp. We would like approval for permission to
obtain a P.O. payable to Dutchess Metal in the amount of $3,000 from
account A-7110.4 (It should be noted that $2,000 of the $3,000 requested will
be re-couped via the remainder of the original $10,000. Hudson River Grant
#H30:OOA). The only vendor to handle this request has been Dutchess Metal.
He has researched various manufacturing mills at our request, and they have
come up with $750 per finished panel. We require four panels which will give
us a surface area of 12 ft. x 24 ft. when married together and put in place.
COUNCILMAN RUGGIERO moved to authorize a P.O. payable to Dutchess
Metal in the amount of $3,000 for the Chelsea Boat ramp improvement.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Recreation requests permission to obtain a P.O. payable to Flaghouse, Inc., in
the amount of $1,136.65 for the purchase of an EZ Instant shelter which is
10'x 20'. This shelter can be used for our Halloween and Christmas parties
and also during our summer playground program. At the present we have
been renting a shelter. We have checked with U.S. Games and S.& S. Sports.
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They only have the 10'x 10' shelters. The funds would come from B-7310.4
account
COUNCILMAN RUGGIERO moved to authorize a P.O. payable to
Flaghouse, Inc., in the amount of $1,136.65 for the purchase of an EZ Instant
shelter, the funds to come from B-7310.4 account.
Seconded by Mr. Paoloni
4.
Motion Unanimously Carried
Recreation has been replacing some of the older bleachers that have become a
safety hazard. It is their hope to continue upgrading until all the older ones
have been replaced. Mr. Holt is requesting permission to obtain a P.O.
payable to BSN in the amount of $2,800 which includes shipping. The funds
for this purchase are in account B-7310.2. The following quotes were received
and all have an estimated 15% shipping charge added to cost.
Flaghouse $3,256.95
BSN $2,249.00
U.S. Games $2,250.00
S. & S. Sports $1,348.88 (does not have side &
back rails)
COUNCILMAN RUGGIERO moved to authorize a P.O. payable to BSN, in
the amount of $2,800 as requested by Mr. Holt.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Next are several requests for the return of escrow. The first is a request
from Susan & Mark Bohlinger, 39 Morgan Court $1000 for driveway.
COUNCILMAN RUGGIERO moved to authorize the return of escrow in the
amount of $1,000 based on the recommendation of the Highway
Superintendent.
Seconded by Mr. Paoloni
Motion Unanimously Carried
A request from Richard Siegmund ,20 Carmel Heights for return of escrow in
the amount of $1,000 for driveway.
COUNCILMAN RUGGIERO moved to authorize the return of escrow in the
r.r amount of $1,000 based on the recommendation of the Highway
Superintendent.
s
Seconded by Mr. Bettina
Motion Unanimously Carried
A request from Jeff & Janet Strang, Honey Bear Day Care, 48 Old Route 9
for return of escrow in the amount of $237.70 for site plan.
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COUNCILMAN RUGGIERO moved to authorize the return of escrow in the
amount of $237.70 based on the recommendation of the Zoning
Administrator.
Seconded by Mr. Bettina
Motion Unanimously Carried
A request from Robert & Linda Taylor, 6 Plaza Road for return of escrow in
the amount of $50 for variance application fee.
COUNCILMAN RUGGIERO moved to authorize the return of escrow in the
amount of $50 based on the recommendation of the Zoning Administrator.
Seconded by Mr. Bettina
Motion Unanimously Carried
A request from Anthony & Donna Basile, 3 David Loop for return of escrow
in the amount of $50 for variance application fee.
COUNCILMAN RUGGIERO moved to authorize the return of escrow in the
amount of $50 based on the recommendation of the Zoning Administrator.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Notification of intent to apply for a Liquor classification change was received
from Giuseppe Porco, Villa Borghese, 70 Widmer Road., Wappingers Falls.
COUNCILMAN RUGGIERO moved to accept the notification and place it on
file without comment.
Seconded by Mr. Bettina
Motion Unanimously Carried
Notification of intent to renew their liquor license was received from Ron
Young, Manager of Cross Court Tennis Club, 204 New Hackensack Road,
Wappingers Falls.
COUNCILMAN RUGGIERO moved to accept the notification and place it on
file without comment.
Seconded by Mr. Bettina
Motion Unanimously Carried
Several reports from Highway Superintendent. The first concerns Mr.
Hanna of 197 Osborne Hill Road complaining that his driveway was not
repaired properly after the Fleetwood water line was installed. This project
was funded by the Fleetwood District on a County road, and Mr. Foster was
not involved in the restoration. The project was supervised by Jay Paggi,
Engineer to the Town and his inspectors. Mr. Paggi was asked to inspect the
driveway with Mr. Foster and report his findings to the board. Mr. Foster
informed Mr. Hanna, that the only way he could perform any work on his
driveway would have to be at the request of the Town Board, based on the
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recommendation of Mr. Paggi. Mr. Paggi inspected the driveway and felt the
repair on the driveway was adequate.
COUNCILMAN PAOLONI moved to accept the correspondence and place it
on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
At the last meeting Mr. Foster was requested to prepare a list of the ten
roads that he would recommend for major reconstruction in the future, along
with a very rough estimate of cost. He does not consider the following roads
dangerous and, as long as the suggested road signs are observed, are safe.
1.
Wheeler Hill Road
$1,000,000
2.
Smithtown Road
500,000
3.
Maloney
750,000
4.
Diddell Road
500,000
5.
St. Nicholas Road
400,000
6.
Macfarlane Road
750,000
7.
Pine Ridge Drive
600,000
8.
Old Troy Road
450,000
9.
Stoneykill Road
600,000
10.
Widmer Road
600,000
11.
Ketchamtown Road
600,000
Mr. Foster expanded the list to 11 roads due to similarities. With the proper
funds, the list could easily be expanded to 30 or 40 roads Removing all our
vertical and horizontal curves, along with widening the roads will not
necessarily improve the quality of life for our residents. Past history has
resulted in road improvements of this type resulting in increased speeds.
Please consider the character or our rural community and how all our
"country" roads being made straight and wide would affect our town
COUNCILMAN RUGGIERO moved to take to a future workshop.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Next is a report on the Doyle Drive Orange Ooze. Mr. Fosters men dug
several holes in the rear yard of Doyle Drive looking for the source of the
orange material. At the extreme rear portion of the yard approximately 100'
from the ditch we still found traces of the orange material. This leads Mr.
Foster to believe the source is somewhere in the rear yards of Scott Drive.
This area is laced with fences, not easily accessible and has underground
telephone wires.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
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Notification from Mr. Foster of a list of private roads that have received road
signs. The signs have green letters with a white background. We are
entitled to a rebate for each of these signs.
COUNCILMAN RUGGIERO moved to accept the notification of private road
signs that were placed by Mr. Foster and place it on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The last item from Mr. Foster pertains to Mr. Paggi's memo dated June 6,
1989 in regard to the Nicodemus drainage Route 376 and Diddell Road that
has just been brought to his attention. The problem has not gone away, and
we should have Mr. Paggi's office obtain the permits needed to do the job.
COUNCILMAN RUGGIERO moved to table to the December 101h Workshop
for further discussion.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Next are several reports from Jay Paggi, Engineer to the Town. At the
October 29, 2001 Mr. Paggi was authorized to take a look at the wells that
supply the existing Alpine Shopping Center to see if it may be a sound idea to
tie the into the Town system.
COUNCILMAN VALDATI moved to take to the December 10th Workshop for
further discussion.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The next report concerns the Wappinger Sewer Transmission/Treatment
Improvement Area Phase 3A, Contract No. 5. We recently replaced and
expanded the existing sewer on South Avenue to the Village line as part of
the above reference project, and had the Contractor connect the existing
house lateral connection to the new sewer main as they were encountered.
All the houses connected to the old sewer main were successfully connected to
the new sewer main except one; House #2516. One the residents, Amy Clear
was concerned that her house was not connected to the new sewer main, but
remained on the existing old main. To allay her fears a test was conducted,
and proves that her house is still connected to the old sewer main. Since we
did not come across the existing sewer lateral to this house, we left a stub
pipe for future connection to the new sewer main. When the homeowner
wishes to connect to the new sewer they have a pipe connection at their front
property. In the mean time the house is connected to the old sewer.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Paoloni
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Motion Unanimously Carried
Mr. Paggi informed the Board that he is in receipt of Al Roberts letter of
October 29, 2001, regarding 178 Smithtown Road. As a point of clarification,
his firm has not been authorized to determine if Mr. Alvarez's proposal was
viable by preparing detailed engineering plans, and therefore, is not pursuing
the matter.
COUNCILMAN RUGGIERO moved to accept the correspondence and place
it on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
Mr. Paggi is also in receipt of Al Roberts letter of October 29, 2001, regarding
the Rockingham Curbs. Please be advised that the calculations done in our
previous correspondence utilized a term of 20 years. If the term of the bond
for the entire debt of the construction of the Rockingham Curbs was reduced
to 10 years, the impact on the "B" Fund line item would necessarily change.
Mr. Paggi recommends that a 10 year bond amortization schedule be given
by Sal Pennini, the Town's bonding advisor, and that the impact of that
annual cost be analyzed by Town Comptroller, Jerry Terwilliger.
COUNCILMAN RUGGIERO moved to take to December 10th Workshop for
further discussion.
Seconded by Mr. Bettina
Motion Unanimously Carried
On an inquiry by Karl Siedenwurm of DLC Management, Joseph Stankavage
Design Engineer with Paggi, Martin & DelBene spoke to Dr. Kumar of
Eustance and Horowitz regarding the Wappinger Sewer
Transmission/Treatment Improvement Area Tri -Municipal Sewer Plant
Expansion Schedule. According to Dr. Kumar, they expect construction of the
Tri -Municipal Sewage Treatment Plant to be compete in March of 2001. At
that time, the Town may begin allowing properties in Phase 3A of the
Wappinger Sewer Transmission/Treatment Improvement Area to connect
into the trunk Line.
COUNCILMAN RUGGIERO moved to accept the information and place it on
file.
Seconded by Mr. Bettina
Motion Unanimously Carried
Mr. Paggi also presented a report on the Various Field Inspections performed
for the Wappinger Sewer Transmission/Treatment Improvement Area/Phase
3A, Contract No. 3.
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COUNCILMAN RUGGIERO moved to accept the report on the Various Field
Inspections and place it on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Mr. Paggi, in conjunction with the Town Highway Superintendent, conducted
a field inspection of the Kablaoui Subdivision on St. Nicholas Road. Based on
the inspection, his office has calculated the amount of the revised bond for
roadway and utility construction for the Kablaoui Subdivision (plans dated
last revised 6/14/99). The Bond has been reduced to reflect all improvements
,
installed and approved as of this date. The total construction value of the
remaining work (adjusted to November 2001 dollars) is $69,672.31. It has
been the practice of the Zoning Administrator's office to add 20% for
necessary administrative costs, which would make the total $83,606.77. A
number of issues were raised at the time of inspection which we recommend
be transmitted to the project Owner for response. Underground utilities
have been installed within the snow removal easement in violation of
easement agreement dated January 7, 2000. Also there are two or three
homes occupied now on this street, and the snow plowing was not performed
in a timely fashion. He would recommend that the owner provide the Town
with the name and contact number of the sub -contractor that will be
responsible for the snow plowing. Most importantly that the Town Highway
Specifications require that, unless waived by the Town Board, within two
years from the issuance of the first building permit, the developer must
complete all required improvements. Before the Board reduced the Bond
amount, he would recommend that the Owner be required to submit an "As -
Built" Plan indicating that the improvements are all located with the town
right -a -way. Discussion followed.
COUNCILMAN PAOLONI moved to table until all issues have been resolved.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next is to accept the feasibility of extending the service area of the Central
Wappinger Water Improvement Area (99-2R) to provide water to the
Wappinger Park Water District, as well as a portion of the Old Route 9
commercial corridor and set a Public Hearing.
COUNCILMAN VALDATI moved to table until we hear from the Bonding
Council.
Seconded by Mr. Bettina
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Motion Unanimously Carried
11/26/2001.RGM
Next is to accept Mr. Paggi's Map, Plan and Report for the next Phase of the
Wappinger Sewer Transmission/Treatment Improvement Area, tentatively
known as "Phase 313".
COUNCILMAN VALDATI moved to accept and table to a workshop.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is to accept and set a Public Hearing for the Fleetwood II Water District
Map, Plan and Report
COUNCILMAN VALDATI moved accept the Map, Plan and Report, table
the Public Hearing and authorize Al Roberts to contact Bonding Council.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is to accept and set a Public Hearing for the Map, Plan and Report for
the Oakwood Knolls Water District.
COUNCILMAN PAOLONI moved to accept the Map, Plan and report, table
the Public Hearing and authorize the Al Roberts to contact Bonding Council.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Notification from Curt Lavalla of Chazen Engineering & Land Surveying
Co., P.C. advising that the accompanying Full Environmental Assessment
Form, Part 1 Preliminary Site Plan, Visual Analysis and Notice of Intent to
serve as Lead Agency for the Meadowood Water Filtration Facility have been
submitted for the Boards consideration. They are seeking the Board initiate
action to seek Lead Agency status with regard to this SEQR action which
amends prior environmental work which was done before the arrangement
for their client to provide water to the Town.
COUNCILMAN VALDATI moved to establish the Town of Wappinger as
Lead Agency.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A application was received from Atlantic Mortgage Bankers Ltd. for rezoning
of Route 9 property.
COUNCILMAN BETTINA moved to establish an escrow account in the
amount of $2,500. Move to refer this application to the Town Planning
Board and Dutchess County Department of Planning for their review and
recommendations.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
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11/26/2001.RGM
Accept the Deeds for Highway #1 and #2, Reese Subdivision, Ketchamtown
Road with Title Report and Title Insurance.
COUNCILMAN BETTINA moved to accept the Deeds for Highway #1 and #2,
Reese Subdivision, Ketchamtown Road with Title Report and Title Insurance.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COMMITTEE REPORTS
COUNCILMAN VALDATI had no reports at this time.
COUNCILMAN BETTINA had no reports at this time.
COUNCILMAN RUGGIERO had no reports at this time.
COUNCILMAN PAOLONI had no reports at this time.
SUPERVISOR SMITH reported that her car broke down the other day. Mr.
Foster explained that it was the tie -rods, and it is in the garage now, being
repaired.
BONDS AND LETTERS OF CREDIT
Tatiana Lukianoff, Zoning Administrator, submitted a report for the month
of October on the schedule of Bonds and Letter of Credit on the various
subdivisions, the amounts, expiration dates and call up dates.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
RESOLUTIONS
A Public Hearing having been held on November 13, 2001, to accept the
Benefit Assessment Rolls for the Water & Sewer Improvement Areas and
Districts as prepared by the Assessor, the matter was now placed before the
Board for their consideration.
COUNCILMAN VALDATI moved to accept the Benefit Assessment Rolls to
be levied in 2002 as prepared by the Assessor for the following: Ardmore
Water Improvement Area, Central Wappinger Improvement Area,
Cranberry Water Improvement Area, Fleetwood Water District, Myers
Corners II Water District, North Wappinger Water District, Oakwood Knolls
Water District, Tall Trees Water Improvement Area, Wappinger Park Water
District, Wappinger Water Improvement Area 99-1, Wappinger Water
Improvement 99-2, Central Wappinger Sewer Improvement Area, Fleetwood
Sewer District, Mid -Point Sewer District, Rockingham Farms Sewer District,
Wappinger Sewer Transmission Treatment Improvement Area #1,
Wappinger Sewer Transmission Treatment Improvement Area #2,
Wappinger Sewer Transmission Treatment Phase 3A, Watch Hill Sewer and
Wildwood Sewer District.
14
Seconded by Mr. Ruggiero
11/26/2001.RGM
Motion Unanimously Carried
Supervisor Smith informed the Board that we must accept the following
Resolution and set a Public Hearing.
The following Resolution was offered by COUNCILMAN RUGGIERO who
moved its adoption and set the Public Hearing for December 10th at 7:25 p.m.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $250,000
BONDS OF THE TOWN OF WAPINGER, DUTCHESS COUNTY, NEW
YORK, FOR THE ACQUISITION OF VARIOUS MACHINERY AND
APPARATUS FOR CONSTRUCTION AND MAINTENANCE
PURPOSES FOR USE BY THE HIGHWAY DEPARTMENT IN AND
FOR SAID TOWN
WHEREAS, the applicable provisions of the State Environmental Quality
Review Act have been complied with to the extent required with respect to
the above -titled purpose;
BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess
County, New York as follows:
Section 1. The financing of the acquisition of various machinery and
apparatus for construction and maintenance purposes for use by the Town
Highway Department in and for said Town, a class of objects or purposes, is
hereby authorized.
Section 2. The maximum estimated costs of such class of objects or
purposes is $250,000, and the plan for the financing thereof is by the issuance
of $250,000 bonds of said Town hereby authorized to be issued therefore
pursuant to the Local Finance Law.
Section 3. It is hereby further determined that the period of probable
usefulness of the aforesaid class of objects or purposes is five (5) years,
pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local
Finance Law. It is hereby further determined that the maximum maturity of
the bonds herein authorized will not exceed five years, and that the foregoing
is not an assessable improvement.
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 bonds herein authorized, including renewals of
such notes, is hereby delegated to the Town 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 Town Supervisor,
consistent with the provisions of the Local Finance Law.
Section 5. The faith and credit of said Town of Wappinger, Dutchess
County, New York, are hereby irrevocably pledged for the payment of the
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11/26/2001.RGM
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.
Section 5. Subject to the provisions off this Resolution and of the Local
Finance Law, and pursuant to the provisions of 30.00 relative to the
authorization of the issuance of bond anticipation notes or renewals thereof,
and of 50.00 and 56.00 to 60.00 of the Local Finance Law, the powers and
duties of the Town Board relative to authorizing the issuance of any notes in
anticipation of the sale of the bonds herein authorized, or the renewals
thereof, and relative to prescribing the terms, form and contents and as to the
sale and issuance of the bonds herein authorized, and of any notes issued in
anticipation of the sale of said bonds or the renewals of said. Notes, are
hereby delegated to the Town Supervisor, as the chief fiscal officer of the
Town. The Town Supervisor may sell such bonds at public or private sale, at
a discount or premium, at fixed or variable rates of interest or at no interest
whatsoever, or as capital appreciation bonds, and with such amortization of
principal as the Town Supervisor shall determine is most favorable to said
Town, and in compliance with any rules of the State Comptroller applicable
thereto. 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. The Town Supervisor, in the
event it is determined to issue variable rate bonds, is hereby authorized to
enter into such agreements as said officer finds reasonable to facilitate the
issuance, sale, resale and repurchase of such bonds, as authorized under
Section 54.90 of the Local Finance Law. The Town Supervisor is also
authorized to enter into such agreements and take such other action as my be
necessary or appropriate and lawful to assure that interest on the bonds and
notes authorized hereby will not be includable in the gross income, for federal
income tax purposes, of the recipients thereof.
Section 7. The validity of such bonds and bond anticipation notes my be
contested only if:
1) Such obligations are authorized for an object or purpose for which said
Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with, and
an action, suit or proceeding contesting such validity is commenced
within twenty days after the date of such publication or
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11/26/2001.RGM
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 8. This resolution, which is effective immediately, shall be
published in summary in the Southern Dutchess News, the official
newspaper, together with a notice of the Town Clerk in substantially the
form provided in Section 81.00 of the Local Finance Law.
Seconded by Mr. Paoloni
The question of adoption of the foregoing resolution was duly put to a vote on
roll call, which resulted as follows:
Constance Smith, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Aye
Joseph Ruggiero, Councilman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The resolution was thereupon declared duly adopted
UNFINISHED BUSINESS
Next is the GALS rezone. COUNCILMAN PAOLONI said he spoke to Dan
Wery today and Dan said the proper paper work will be in within the next
few days.
COUNCILMAN PAOLONI moved to table the GALS rezone to the December
10th Workshop for further review.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is a request from Sal Morello's Deputy Building Inspector for a salary
reimbursement for the time he was employed as the Building Inspector.
COUNCILMAN BETTINA moved to table discussion to the December 10th
Workshop with Mr. Morello in attendance.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
At this time 8:35 p.m. COUNCILMAN BETTINA moved to go into Executive
Session to discuss personnel and Notices of Settlement.
The meeting reconvened at 9:00 p.m. with all board members present.
The following actions were taken at he Executive Session.
COUNCILMAN RUGGIERO moved to accept the following Notices of
Settlement and Orders received from Mr. Saris and place them on file. (1)
Advance Advisory, Corp vs. Town of Wappinger; (2) Rawls vs. Town of
Wappinger; Turco vs. Town of Wappinger; (3) Herbert Redl vs. Town of
Wappinger.
Seconded by Mr. Paoloni
17
11/26/2001.RGM
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption.
RESOLVED that Linda Tasadfoy be and she hereby is appointed to fill the
vacancy of Assessor for the Town of Wappinger which has occurred by reason
of expiration of her term of office, and
IT IS FURTHER RESOLVED, that Linda Tasadfoy is hereby appointed as
Assessor for a term which shall expire on the 30th day of September, 2007.
Seconded by Mr. Bettina
ROLL CALL VOTE
VOTE
Constance Smith, Supervisor
Aye
Robert Valdati, Councilman
Aye
Vincent Bettina, Councilman
Aye
Joseph Ruggiero, Councilman
Nay
Joseph Paoloni, Councilman
Nay
Motion Carried
There was no other business to come before the Board.
COUNCILMAN RUGGIERO moved to close the Town Board Meeting,
seconded by Mrs. Smith and unanimously carried.
The meeting adjourned at 9:10 p.m.
Gloria J. se
Town Cl
11
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