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2001-05-29 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 29, 2001 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL, PLEDGE ALLEGIANCE TO FLAG 3. REPORTS OF OFFICERS: Sup/Comet, Bldg. Insp., Zng. Adm., Justice Court, Receiver of Taxes, Assessor, Dog Control Officer, March & April. 4. Accept Minutes: 4/ 9/ 01,Workshop, 4/23/01,Town Board Meeting, 5/14/01 Workshop. 5. PETITIONS & COMMUNICATIONS a. Ralph Holt, Rec. Chairman requests. (1) P.O. $9,880 payable Robert Stobo prep work paving, Schlathaus. (2) P.O. $10,000 payable WCSD transportation for summer programs. (3) $3,000 payable S&S Arts & Crafts (4) P.O's (two) for $4,575 ea., payable to NY Tick Control to spray recreation areas. (5) P.O. $1,525 payable Kurt S. Adler Xmas ornaments, Senior & Children parties. (6) P.O. payable Bill Simione & Associate, Inc. Park -up -grading. (7) P.O. $5,000 Computers (8) Thanks to, Schnorr Plumbing, Restroom at Robinson Lane. (9) Exhaust Fan. b. Request return of escrow (1) Cablevision Inc. (Mediaone) $3,064.62. (2) Dave Alexander, 16 Cady Lane $500. (3) Hamelin Subdivision 188 Smithtown Rd $9.87. (4) Lee Knolls Phase III Paul Hunt $1,092.99. c. Graham Foster, Highway Super. Re: 24 Booth Blvd. d. Linda Tasadfoy, Assessor request for part-time data collector. e. CAMO Pollution reports. (1) Alarms, Cider Mill Loop Storage Tank (2) Water Leak 70 Gold Road (3) Water Service Emerald Building (4) Emergency Water hook-up Emerald Building. f. J. Paggi, Eng. to Town reports. (1) 4/24 Phase 3A Contract #4 (2) 5/1 Atlas Wellfield (3) 5/11 Wapp. Pk. Rd. repaving. (4) 5/11 Doyle Dr.(5) 4/24 Smithtown Rd. (6) 5/15 99- 2 (R) (7) Various Drainage Issues. g. Al Roberts, Attorney re: Tri -Muni Easements. h. Easement Agreement -Ultra Craft Homes (Deanna Estates) i. Bargain & Sale Deed Lombardi Sub, Diddell Road. j. DC Dept of Health re: CWWIA Relocation of 99-2 (R) Capacity k. Computer Proposals Town Clerks Office 1. Litter Complaints, Susan Smith re: Litter on Maloney Road. (2) D. Goldin in. Rubeo Complaint n. Doyle Drive Paving o. Drainage concerns, Apple Blossom/Pine Ridge/Locust Drive/Park Hill Lane p. Drainage, Hackensack Heights Road q. #49 Hamlet Court r. Application Hawking & Peddling Permit Lawrence Valeri s. NYS Dept of Health re: Approval T/W Water Improvement t. Authorize Supervisor obtain proposals Heating/Ventilating u. Notification Fishkill re: PH Changing definitions "Hotel & "Motel". v. Dial -a -Ride report. w. Planning Bd recommendation Cranberry Hills x. Pitney Bowes re: Postage Meter y. Hudson River Greenway Connections z. Piqwon Proposal 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zoning Administrator Report 8. RESOLUTIONS a. Introduce and set Public Hearing for Pooper Scooper Law. b. Adopt Personnel Policy. 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT 05/29/2001.RGM The Regular Town Board Meeting of the Town of Wappinger was held on May 29, 2001 at the town hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the meeting at 7:30 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, 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: Vincent Bettina, Councilman The Supervisor asked all to join in the Pledge of Allegiance to the Flag. REPORTS OF OFFICERS Reports for the month of May were received from the Town Justices, Supervisor/Comptroller, Building Inspector, Receiver of Taxes, Zoning Administrator, Dog Control Officer, March & April, and Assessor COUNCILMAN RUGGIERO moved to accept the reports of officers and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried MINUTES The Minutes of the 4 /09/01 Workshop Meeting, 4/23/01 Town Board Meeting, and 5/14/01 Workshop Meeting, having previously been forwarded to the Board Members, was now placed before them for their consideration. COUNCILMAN PAOLONI moved that the above stated minutes as presented by the Town Clerk be and they are hereby approved. Seconded by Mr. Ruggiero Motion Unanimously Carried The first item for the boards consideration are several requests from Ralph Holt, Recreation Chairman. The Recreation Commission requests permission to obtain a P.O. in the amount of $9,880 payable to Robert D. Stobo to do the prep work for paving at Schlathaus Park. The following bids were received for this work. 1. Bracaden Const. $13,400 2. R.G.H. Const. $11,200 3. DeLeno Bros. Paving & Sealing $11,100 4. Robert D. Stobo $ 9,880 1 05/29/2001.RGM Recreation has discussed this project with the Highway Superintendent, $425 Graham Foster, and Mr. Foster recommends they go forward with the prep $150 work and said that the more use it gets the better it is to lay the paving at a $250 later date. The paving itself will be done by the Highway Department when $100 they are doing their paving work. Since this was not covered in our budget, approval was received at the September 25, 2000 meeting to use Parkland Trust Funds. We therefore would need a budget transfer from Parkland as follows: Increase Revenue Account 2089.OA Other Cultural & Recreation Income and &110.4A Park C/E in amount of $9,880. COUNCILMAN VALDATI moved to authorize the P.O. payable to Robert D. Stobo in the amount of $9,880 to do prep work for paving at Schlathaus. Seconded by Mr. Paoloni Motion Unanimously Carried The Recreation Commission requests permission to obtain a P.O. in the amount of $10,000 payable to the Wappinger Central School district for the transportation charges for the summer playground program and the swim program. The funds are covered in account B-7310.4. COUNCILMAN VALDATI moved to authorize a P.O. in the amount of $10,000 payable to the Wappinger Central School district for the transportation charges for the summer playground program and the swim program. Seconded by Mr. Paoloni Motion Unanimously Carried The recreation Commission requests permission to obtain a P.O. in the amount of $3,000 payable to S.&S. Arts & Crafts to purchase bulk craft items for the various summer playgrounds. This funds for this purchase are in account B-7310.4. COUNCILMAN VALDATI moved to authorize a P.O. in the amount of $3,000 payable to S.&S. Arts & Crafts to purchase bulk craft items for the various summer playgrounds. Seconded by Mr. Paoloni Motion Unanimously Carried In the 2001 Recreation budget A-7110.4 there are funds for the spraying of the recreation areas for the control of ticks. During the May/June time frame the larvae of the ticks are more predominant and therefore we would like to request a P.O. payable to NY Tick Control, Inc., in the amount of $4,575 for the May spraying of the following areas. Castle Point $1,000 Rockingham $ 500 Robinson Lane $1,850 Airport Park $ 300 2 Martz Field $425 Schlathaus Park $150 Quiet Acres $250 Spook Hill $100 05/29/2001.RGM Recreation would also like to request another P.O. in the same amount ($4,575) for the second spraying which will take place in early July. COUNCILMAN VALDATI moved to authorize 2 (two) P.O.'s in the amount of $4,575 each, payable to NY Tick Control, Inc., for the spraying of the recreation areas. Seconded by Mr. Paoloni Motion Unanimously Carried The Recreation Commission requests permission to obtain a P.O. in the amount of $1,525 payable to Kurt S. Adler, Inc., for the little ornaments to be given out at the Townwide Children's party on December 2nd, and the Townwide Senior's party at the Elks on December 5th and 11th, and Senior Center Party at the Villa December 14th. Recreation has checked out A. C. Moore and Michaels and they do not have their line out, so Recreation was unable to obtain a quote at this time. The funds for the Children's party is in Account B-7310.4 $475 The funds for the Senior's party is in Account A-7620.4 $1,050 COUNCILMAN VALDATI moved to authorize a P.O. $1,525 payable to Kurt S. Adler, Inc., for the little ornaments to be given out at the Townwide Children's party on December 2nd, and the Townwide Senior's party at the Elks on December 5th and 11th, and Senior Center Party at the Villa December 14th. Seconded by Mr. Paoloni Motion Unanimously Carried Recreation would like to install a new piece of equipment designed for children 5-12 at the Spook Hill Park. The cost of the equipment is $22,673, installed. In order to move forward, Recreation is in need of Town Board approval without usual three (3) estimates. Mr. Holt has researched a number of vendors offerings and none are exactly the same. They are modular and there is always something different. If approved, recreation would request a P.O. payable to Bill Simione & Associates, Inc. in the amount of $22,673 with the funds to come from B-7310.4 We would also need to effect a transfer from Parkland in the amount of $6,873 for the balance of funds needed for this purchase. Discussion followed COUNCILMAN VALDATI moved to authorize Mr. Holt to put out specs in order to go out to bid for the playground equipment. Seconded by Mr. Paoloni Motion Unanimously Carried Recreation has completed its introduction to the computer, having instructed over 100 participants. These classes were made available to us through the generosity of a company called CIBA. At this point in time, we feel there is a 3 05/29/2001.RGM need to make use of the internet. In order to accomplish this, we feel it is time to acquire more up to date equipment. Recreation requests permission to purchase six (6) new computers. The estimated cost is $5,000. We have in this years budget account A-7620-.2, $2,500 and could find $2,500 in our account A-7620.4 for this purchase. We will work with the comptroller to determine if we could acquire through State sources, and if so at what price. COUNCILMAN VALDATI moved to authorize up to $5,000 for the purchase of six computers as requested by Mr. Holt. Seconded by Mr. Paoloni Motion Unanimously Carried The Wappinger Little League Program uses the building at Robinson Lane as a small fast food restaurant and it has become their largest fund raising. With the amount of activity, it becomes imperative that cleanliness be strictly enforced. The workers asked if a separate restroom could be built inside the building and accessible to the people working the store. Mr. Schnorr of Schnorr Plumbing agreed to construct the new restroom at no cost to the Town. A letter of thanks has been sent to Mr. Schnorr on behalf of the town. COUNCILMAN RUGGIERO moved to accept the memo and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried Recreation has talked to Fire Equipment Maintenance Corp. in regard to replacing the exhaust fan over the stove at Robinson Lane, but they are not interested in doing the job. Mr. Holt has also spoken to Dutchess Restaurant Equipment, who sells vents, but does not install them, but recommended that we go to Imperial Fire Extinguisher Co., Inc., which is the vendor Recreation has picked out. Recreation has not been able to come up with any other source, and requests to go ahead with this. Little League has agreed to pay 50% of the cost. The total cost would be $2,200. These funds are covered in the budget. COUNCILMAN VALDATI moved to authorize $1,100 to cover 50% of the cost for replacement of the exhaust fan for the stove at Robinson Lane. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several requests for the return of escrow. The first is a request from Cablevision, Inc. (Media One) for the return of escrow in the amount of $3,064.62 payable to Mark A. Adamski, CSC Holdings, Inc., 6 Executive Blvd., Yonkers, NY 10701. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $3,064.62 payable to Mark A. Adamski, CSC Holdings, Inc., based on the recommendation of the Zoning Administrator. H Seconded by Mr. Ruggiero 05/29/2001.RGM Motion Unanimously Carried A request from David Alexander, 16 Cady Lane for the return of escrow in the amount of $500 for seeding. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $500 to David Alexander, based on the recommendation of the Deputy Building Inspector. Seconded by Mr. Ruggiero Motion Unanimously Carried A request from Haimelin Subdivision, 188 Smithtown Road for the return of escrow in the amount of $9.87. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $9.87 to Haimelin Subdivision, based on the recommendation of the Zoning Administrator. Seconded by Mr. Ruggiero Motion Unanimously Carried A request from Paul Hunt, 11 Judy Lane, Fishkill, NY, a/k/a Lee Knolls Phase III for the return of escrow in the amount of $1,092.99. COUNCILMAN PAOLONI moved to authorize the return of escrow in the mount of $1,092.99 Paul Hunt, based on the recommendation of the Zoning Administrator. Seconded by Mr. Ruggiero Motion Unanimously Carried As requested by the Town Board, Graham Foster, Highway Superintendent inspected the rear yard complaint at 24 Booth Boulevard. The resident claimed that his rear yard had a town easement that needed maintenance. Mr. Foster found no evidence of an easement. The resident has two natural brooks through his yard. The brook in question drains the wetland on the east side of Booth Boulevard and appears to be running freely in spite of some high vegetation that is growing in it. It appears that the residents leach field is breaking the surface a full two feet above the level of the brook and it appears the problem is the leach field and not the brook. Highway has not worked in this brook in 12 years, and Mr. Foster recommends we do not start. COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Linda Tasadfoy, Assessor requesting permission to hire a part time data collector. 5 05/29/2001.RGM COUNCILMAN VALDATI moved to take this request to a workshop for further discussion. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several memorandums from Mike Tremper of CAMO Pollution. The first memorandum concerns the alarms at Cider Mill Loop. For some reason the automatic dialer system has mechanical failure, the next set point, which is slightly lower than the dialer set point is a local alarm. This alarm notifies the residents in the immediate area that there is a problem, and they can call CAMO to inform us of the problem. Due to the critical nature of water and it's availability, it is his opinion that the backup local alarm is a good safeguard. Mr. Walter Leczinski, who lives next to the tank, recently complained about the backup alarm. CAMO responded immediately, acknowledged the alarm and monitored the situation. Mr. Leczinski feels the alarm is a nuisance and that he should not have to deal with it even for 30 minutes. He was informed that the tank serves thousands of residents and the backup alarm could prevent water outages. He still feel that it is a burden and wants this disconnected. The alarm goes off on rare occasions and only when an emergency conditions exists. He wishes some direction from the board. Discussion followed. COUNCILMAN PAOLONI moved to authorize Supervisor Smith to send a letter to Mr. Leczinski that the alarm is short term, until a new storage tank is erected. Seconded by Mr. Ruggiero Motion Unanimously Carried On April 23, 2001, CAMO Pollution received a phone call from Eric Gardell of 102 Brothers Road regarding high ground water in the area. He explained that the area was normally wet in the spring months, but with the current dry weather conditions being what the where, the area should be drying out. Using state -of -the art leak detection, CAMO located a leak at 70 Gold Road. Further investigation found the leak to be between the curb valve in the front yard and the house. The owner contacted a contractor and he found a substantial leak on the homeowners V service line and made the repair. A follow-up investigation revealed that the water is receding and drying up. CAMO received several calls regarding groundwater in that area, and it appears that those conditions are subsiding with the repair of the leak on the service line at 70 Gold Road. COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Paoloni 05/29/2001.RGM Motion Unanimously Carried The last memo from Mr. Tremper concerns the Emergency Connection of Emerald Technology Solutions to CWWIA. They are having a problem with the water pressure in the building. One option Emerald Management has is to make the necessary repairs to the existing booster station and put it into an operational mode. This would balance the pressure in the building and solve Emerald Management's problems. However, the booster station would be drawing off of Atlas Water at the same point that the Pizzagalli interconnection draws off to pump flow up to the Cider Mill Loop storage tank. It is the opinion of CAMO pollution that the preferable solution to the problem is to connect the Emerald Building to Central Wappinger Water, then a plumbing connection could be made there, and a new water meter, pressure reducing valve, and an RPZ can be installed with a short run of copper pipe, tying it into the existing plumbing at the Emerald Management building. This hook-up would alleviate the existing pressure problems for them and would prevent future problems with the interconnection of Atlas and North Wappinger if, for some reason, Emerald was forced to put their booster station into operation. Mr. Tremper has spoken to the owners of Emerald, and they seem to be satisfied that they will not have to spend the money to renovate and repair the booster station, yet they would have a satisfactory solution for both the operation of the water district and the owners of the Emerald building. When all the new capital improvements for the Central Wappinger & North Wappinger Water Districts are complete, in approximately 18 months to 3 years, the building can return to it's existing tie in. At that point there will be constant pressure on that line also. COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to send a letter to Emerald Building giving them permission to connect to Central Wappinger Water. Seconded by Mr. Paoloni Motion Unanimously Carried Next are several reports from Engineer to the Town, Jay Paggi. The first report of April 24, 2001 concerns the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A, Contract No. 4. In preparing the plans for sewer service to Pleasant Lane, it was discovered that the existing sewer soil lines for the two houses at the top of Pleasant Lane (No. 6 and No.8) are substantially lower than the roadway elevation in this area. After analyzing the surrounding house sewer elevations, this office determined that the most cost-effective way to serve this area was to make the main 9-10 feet deep in this area, to accommodate a majority of the houses via gravity and to provide the two houses in question with individual pumps 7 05/29/2001.RGM if and when they actually connect to the system. This approach is similar to what has been adopted by the Town for various sections of Phase 3A, Contract No. 2 along Losee Road. COUNCILMAN RUGGIERO moved to accept this report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried _ COUNCILMAN VALDATI asked Mr. Paggi if he anticipated blasting, and would that adversely affect the foundations of the homes. Mr. Paggi announced that before blasting occurs, a pre -blast inventory is taken of all the foundation and structures adjacent to the blasting area and documents what's there, unless they are denied access. Mr. Paggi explained that some residents deny access to their homes. At this time Mrs. Clark of 34 Sucich Place was recognized by the board and she informed the board that she did not receive any notice that someone would be coming to her home to take inventory. One day someone came to her home and handed her a letter and explained that he needed access to video tape her home. He had no ID, so, she refused to let him enter. Mr. Paggi explained that the blasting company's insurance company goes around to the homes with a standard form. COUNCILMAN VALDATI moved to authorize Mr. Paggi, to notify the contractor that the Insurance Company must give advance notice to residents before taking inventory of homes. Seconded by Mr. Ruggiero Motion Unanimously Carried The next report of May 1, 2001, concerns the Atlas Wellfield. Due to the disturbance of the ground and the lack of rain, the area has become quite dusty. CAMO pollution fielded calls from residents regarding the dust emanating from the wellfield. Mr. Paggi immediately notified the contractor, Sun Up Enterprises to seed and mulch all areas that had been disturbed under the contract, and upon completion wet them down. He indicated it would be done prior to the end on the week. COUNCILMAN RUGGIERO moved to accept the report and place it on file Seconded by Mr. Paoloni Motion Unanimously Carried Next is a memo of May 11, 2001 concerning the Wappinger Park Road repaving. Mr. Paggi informed the Board the week of June 25th, Merit Construction will have his subcontractor onsite to start the milling operation, and the following week, July 2nd, the Town of Wappinger will pave the streets in Wappinger Park with 3' of binder material. The final topping of the road with 2" of blacktop will be done as soon as the binder is complete and Mr. Foster feels the road is ready to accept the top. 05/29/2001.RGM COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The next report of May 11, 2001 concerns the leachate entering the Town owned drainage ditch just west of Doyle Drive. On May 11, 2001, Mr. Paggi conducted a field test with Daniel O'Connor of the DC Health Department. The discharge contains an orange colored staining in and around the immediate area of the discharge. Qualitive testing was performed by Mr. Paggi last October, and at that time the testing revealed no sanitary sewage in the discharge and/or any volatiles. The discharge was elevated in metals, which led him to believe there was some buried steel, iron, etc. in the general vicinity. Mr. O'Connor advised that he would send a technician to the site, collect samples, and analyze them. They want to insure that there are no public health issues involved with the discharge. Upon completion, the Town Board can decide if further investigation is warranted. Discussion followed. COUNCILMAN RUGGIERO moved to authorize Mr. Paggi to obtain proposals for the Town Board on potential excavating and removal of the discharge. Seconded by Mr. Paoloni Motion Unanimously Carried. COUNCILMAN VALDATI moved to authorize Al Roberts, Attorney to the Town to send an opinion letter on the Towns ability or inability to perform work on private property. Seconded by Mr. Paoloni Motion Unanimously Carried At the March meeting Mr. Paggi was authorized to inspect the existing curve on Smithtown Road approximately 800' east of the intersection of Cooper Road. The field inspection was made on April 23rd with Mr. Foster, Highway Superintendent. The curve has a very short radius and if the posted speeds are not followed accidents can occur. To construct a horizontal curve of the proper radius would require taking enough property on the north side of the road to allow for roadway construction. There is also an existing structure on the lot that is in a state of disrepair. Before going any further, the Town Board might want to make a decision if they wish to pursue this matter further knowing that an entire lot and structure would need to be obtained. COUNCILMAN RUGGIERO moved to table to a workshop until we get an estimated cost from the Mr. Paggi, and an appraisal of the property from Mr. Roberts, Attorney to the Town. Seconded by Mr. Valdati Motion Unanimously Carried 41 05/29/2001.RGM Mr. Paggi presented a status/project schedule for the improvements scheduled in Wappinger Water Improvement 99-2 (R) for the Boards review. COUNCILMAN PAOLONI moved to accept the report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried As instructed at the May 14, 2001 Board meeting, Mr. Paggi made various field inspections with Graham Foster regarding drainage issues. The results are as follows: 6 Dana Place: The field inspection revealed that there was a complaint in the backyard of the above address owned by Mr. Frank Peluso, and the adjacent lot, 4 Dan Place, Mr. Frank Lucas. There was an existing stream or drainage ditch in the rear of the property that drained in a northerly and easterly direction that appeared to have very little grade on it and at times of rainfall would back up onto the properties. Mr. Paggi explained that there was no Town Road runoff involved here and/or Town maintenance responsibilities on the drainage ditch as their appeared to be no drainage easement. We advised the residents that this was a private property matter. 5 Baldwin Lane: There is a 4" PVC drainpipe that exits out onto the street at the north end of the house. The pipe is about 12' off the edge of the pavement and in the winter time creates an icing condition from 5 Baldwin Drive southerly to 9 Baldwin Drive where there is an existing catchbasin. This catchbasin is approximately 220' away. The general grade from the area of the house (s) is toward the street and rather steep. A preferred method of fixing and controlling this problem is to construct a curtain drain on the east side of Baldwin Drive between the 4" PVC and the existing catch basin. This would preclude the point discharge from entering the street, but would also capture the slope runoff before it gets out onto the road. This is a comprehensive approach and an expensive job, therefore we came up with Alternate No. 2. The alternate would include hard -piping the 4" PVC discharge into the trunk storm sewer on the west side of Baldwin Drive. This will effectively remove the flow from that point discharge, but will not have anything to do with controlling the sheet runoff from the slope to the east of Baldwin Drive. With respect as to who is responsible, the Board will need to be advised by the Attorney. The 4" pipe that was installed was installed without a permit and, if asked prior to that installation, our office would have recommended that this pipe be tied into some type of closed storm drain. It is not now. The first and preferred method of this connection (i.e. curtain drain) is a more comprehensive type improvement and the entire cost is not necessary because of the existing drain pipe. Discussion followed. 10 05/29/2001.RGM COUNCILMAN VALDATI move to authorize Mr. Foster to install a curtain drain with the stipulation that the illegal drain be tied into the new system. Seconded by Mr. Ruggiero Motion Unanimously Carried. 24 Booth Boulevard: An inspection was made at 24 Book Boulevard, home of Tibor Daranyi. There is an existing natural drainage pattern that crosses Mr. Daranyi's property on the south side. There is an existing drain pipe that crosses booth Boulevard in front of his house that drains a low area on the east side of the road. A catch basin is on the west side of the road, which drains approximately 500' of roadway on Booth Boulevard. From that point, there is approximately 100' of what appears to be a 24" pipe that terminates just off the rear corner of Mr. Daranyi's house. From there is an open stream to the back of the property. The septic is located just to the north of this existing open stream and is visibly failing. Mr. Daranyi requested that the existing storm pipe be continued approximately 100' in back of the property. He felt that the piping of this existing open ditch would have a positive impact to his existing failing sewage disposal system. We will need an opinion from the Attorney as whose responsibility the extent of the pipe is. There is definitely road runoff getting into this existing ditch, but there appears to be no easement there. Al Roberts Attorney to the Town informed the Board that you can not expend public money to improve private property. COUNCILMAN VALDATI moved to authorize Supervisor Smith send a letter to the resident explaining the town does not go on private property to remedy problems. Seconded by Mr. Ruggiero Motion Unanimously Carried Al Roberts Attorney to the Town presented the following list of Tri -Municipal Easements that have been obtained and are recorded with the Dutchess County Clerk: Contract 1: Henry & Bernice Kowalsky; Michael & Theresa Sciamatore; Stephen & Rosanne Callahan; Nicholas & Irene Ditulli; Keith Capolino; David & Harriet Wood; Kandr Associates, LLC; Contract 2: Estate of Almena R. Niessen by Richard A. Niessen and Patricia Parsons, Co - Executors; Elsie L. Lewis; Bernard L Rullman, Jr. and Helen Rullman f/k/a Helen Verin; Nancy C. Meddaugh (Worley); Mildred Sucich; Alpine Improvement, LLC; Harvey & Wendy Tolin. Just as a reminder, the following easement in Contract 3 have been obtained, but will not be recorded: 11 05/29/2001.RGM The William R. Gray and Elaine S. Gray Irrevocable Trust; William And Virginia Dickerson; Peter Lembeck. Contract 4: Gerald & Judith Webb; Jeffrey Strang & Janet Sullivan; Thomas & Eleanor Sammartino. Overview: All easement have been obtained with regard to Contracts 1, 2, 3 and 4. The only easement outstanding is for Wappinger Associates, which is in Contract 5. COUNCILMAN RUGGIERO moved to accept and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried At this time, Nick Clark of Sucich Place was recognized by the Board to discuss some concerns that he and his neighbors have, related to the regrading of Sucich Place. Mr. Paggi, Engineer to the Town explained that before anything was done, they did sit down with the 4 property owners that needed grading easements and explained what had to be done, what trees needed to come down, what they would replace the trees with, how much the road would be cut down, how much noise to expect during construction, etc. Each of the four people did sign the grading easements. All the bidders were made aware that there were existing wells in front of the houses, and that they needed to take all precautions necessary to protect and maintain those existing wells. To do that, their blasting company purchases an insurance policy, and the insurance company retains a firm to go out and document existing conditions. A substantial amount of qualitative and quantitative in that area was performed. The blaster who is very knowledgeable on the location of these wells, and alters their blasting procedures to allow for this. If you have an existing structure, driveway, gutter, well. The gutter and the well there is no difference. If there is an action that blasts whatever the structure may be, then it is the contractors responsibility to repair it. Mr. Gray who lives on the Corner of Sucich Place & Losee Road informed Mr. Paggi, that since they started blasting he is getting residue in his sinks and his toilet bowl. Who is going to supply him with water until the project is done, until he gets his well. Mr. Paggi stated that this was the first he heard of this problem. Mrs. Clark explained that she to is having the same problem with residue. SUPERVISOR SMITH announced that she would set up a meeting for June 4, 2001, at 7:30 p.m. with the contractor in attendance to discuss the issues. She also requested the residents bring in all their documentation. SUPERVISOR SMITH said she would send a canvass letter to the residents on Sucich Place and Losee Road. 12 05/29/2001.RGM There was some discussion on the lowering of Losee Road. Graham Foster, Highway Superintendent explained that when Mr. Paggi first started planning the project he explained that he was thinking of taking the vertical curve down five feet. Mr. Foster thought it was a great idea then, and he still thinks it's a great idea. We have the opportunity to make the intersection safer. Some of the trees that were cut down were blocking site distance, and at times you could not pull out of Sucich Place without being in danger of pulling out in front of an oncoming car. The vertical curve is almost zero site distance when your are approaching from Old Hopewell Road and you come to the STOP sign. Discussion followed. CORRESPONDENCE from several residents of Doyle Drive requesting to have Doyle Drive paved. Several surrounding roads in the area have been repaved, sometimes twice. Doyle Drive has not been repaved nor have the curbs damaged by plows been repaired. Mr. Foster explained that when he first took office in 1990 he was to put in a 15 year paving plan to pave the worst roads first. In 1992 over $200K was taken out of his budget that was supposed to be used for paving. He does not feel Doyle Drive is the worst road in town at this point. Discussion followed. COUNCILMAN VALDATI moved to authorize Mr. Foster to provide a schedule for paving to the Town Board. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Mr. Rubeo concerning the easement behind his home. In the fall of 1999 Mr. Foster had his men and machines dig out the stream behind the houses at 11, 13, and 15 Doyle Drive and pile the dirt on the properties (without asking permission), and just left the piles of dirt. They came back in the fall and spread rocks in the stream bed so they could drive their truck in the stream. They then proceeded to remove the piles of dirt from his property and that of his neighbor at 15 Doyle Drive. After they left, Mr. Rubeo noticed that they had removed his topsoil in the area where they had the dirt pile. Mr. Foster explained to Mr. Rubeo that he is not finished, because he got snowed out at the end of the year. He needs to go in to regrade and also replace the top soil that was taken out. Mr. Rubeo complained that Mr. Foster had removed one of his trees. Supervisor Smith informed Mr. Rubeo, that when trees, sheds, etc are placed in easements, the town has a legal right to remove them in order to maintain the easements. Mr. Foster explained that he is going back to finish the job after Bulk Pick- up is completed. NO ACTION TAKEN. Requests were received from several of the residents from Rockingham to replace the deteriorating curbs in the development. Discussion followed. 13 05/29/2001.RGM COUNCILMAN RUGGIERO moved to authorize Jay Paggi, Engineer to the Town to perform a desk top study on a curb replacement plan for Rockingham Subdivision. Seconded by Mr. Paoloni Motion Unanimously Carried Next is the easement agreement from Ultra Craft Homes (Deanna Estates). COUNCILMAN RUGGIERO moved to accept the agreement and authorize the Supervisor to sign. Seconded by Mr. Paoloni Motion Unanimously Carried Next is the Bargain & Sale Deed from Lombardi Subdivision, Diddell Road. COUNCILMAN RUGGIERO moved to accept the Bargain and Sale Deed and authorize the Supervisor to sign. Seconded by Mr. Paoloni Motion Unanimously Carried Notification from the Dutchess County Department of Health that they are in agreement with the statement made in Mr. Paggi's recent letter of 4/30/01 CWWIA 99-2(R) regarding relocation of water and the Meadowood Water District. COUNCILMAN PAOLONI moved to accept the correspondence from the Dutchess County Department of Health and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are Computer Proposals for the Town Clerks Office. The first is for software services. Two proposals were received. BAS (Business Automated Services, Inc.) for $8,760, and ACS (Admit Computer Services for $9,163.80. COUNCILMAN VALDATI moved to purchase the software from BAS (Business Automation Services, Inc.) for $8,760 they being the lowest proposal. Seconded by Mr. Paoloni Motion Unanimously Carried Next are proposals for computer hardware. Two proposals were received. COMPUTER ONE consists of a Dell GX200 with Hewlett Packard Printer, Microsoft Office Profession al, Hewlett Packard Scanner and Okidata Microline 320T for a cost of $8,170.88. COMPUTER TWO consists of a Dell GX150 with all the same hardware as above for $6,838.64. Northeast Computer Services recommends COMPUTER ONE for a cost of $8,170.88. COUNCILMAN PAOLONI moved to purchase the Computer One, Dell GX200 from Northeast Computer Services for $8,170.88 based on New York State OGS price list. 14 05/29/2001.RGM 15 Seconded by Mr. Valdati. Motion Unanimously Carried Next is a letter from Susan Smith regarding the litter on Maloney Road from 376 to the entire Ross property. There has been a sink on the side of Maloney for 2 years. A builder on Smith Crossing Road in front of the Julfrank farm has totally destroyed the environment with cars, trucks, equipment, etc. Zoning Administrator Tanya Lukianoff informed the Board that she had driven out there for several weeks, and she could not find any litter, other than a Wendy's coffee cup, however there were some items for bulk pick-up. Discussion followed in regard to getting some community service involved in cleaning up. SUPERVISOR SMITH said she would call Camp Beacon for some volunteers to help clean up some of the roadside areas. As far as the builder on Smith Crossing Road, Ms. Lukianoff said that has all been cleaned up. There is one unregistered car that she could see. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Dione Goldin also complaining about the litter on the sides of the roads. COUNCILMAN PAOLONI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Drainage concerns from residents living along Apple Blossom, Pine Ridge, Locust Drive and Park Hill Lane. Graham Foster, Highway Superintendent explained that this item was addressed several years ago, there is nothing we can do about it, because it's a wet land. He and Mr. Paggi have been out there several times and done some minor work, but they can't go up to the center of the wet land. Even if they did, he can't guarantee success. COUNCILMAN RUGGIERO moved to table to the June workshop. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Jeannine Beahan of 76 Hackensack Heights Road in regard to the drainage problem she is experiencing in the front of her driveway. When the home was built in 1965 the driveway was level with the road. Over the years, the town has resurfaced the road, and now the driveway is much lower than the road, causing water to flow back into the driveway and front of the house. Mr. Foster explained that there is no place 15 05/29/2001.RGM to take the water. If they want, they can drain the water into the wet land that adjoins them, but its on private property. COUNCILMAN RUGGIERO moved to authorize Engineer to the Town and the Highway Superintendent to inspect the area and report back to the Board. Seconded by Mr. Paoloni Motion Unanimously Carried A memorandum from Tatiana Lukianoff, Zoning Administrator requesting the Town Board waive the Building Permit fee for lot #49 Hamlet Court previously lot #24. This involves the return of the fee to the applicant, Ms. Abby Cronin. COUNCILMAN VALDATI moved to waive the Building Permit fee as requested by the Zoning Administrator. Seconded by Mr. Paoloni Motion Unanimously Carried An application for Hawking and Peddling was received from Lawrence Valeri. COUNCILMAN PAOLONI moved to grant the Hawking and Peddling License to Lawrence Valeri, conditionally, based upon BOH certification by Town Clerk. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from the New York State Department of Health that they have received a certification from Charles R. DelBene, Jr., P.E., of Paggi, Martin and DelBene, LLP, consulting Engineers dated May 4, 2001, that the Atlas Wellfield project was built in accordance with plans and specifications approved in their office on October 23, 2000. COUNCILMAN PAOLONI moved to accept the approval of completed works and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Supervisor wishes to obtain proposals for Heating/Ventilation for the Town Hall and Emergency Services buildings. COUNCILMAN VALDATI moved to authorize Supervisor Smith to obtain proposals for Heating/Ventilation for the Town Hall and Emergency Services buildings. Seconded by Mr. Paoloni Motion Unanimously Carried met 05/29/2001.RGM 17 Notification from the Town of Fishkill of an upcoming Public Hearing to be held on May 16, 2001 at 9:30 a.m. for a proposed Local Law entitled, Amendment of 150-2 Changing Definitions of "Hotel" and "Motel". COUNCILMAN PAOLONI moved to accept the notification and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried A Dial -a -Ride report for the first quarter of the year was received from Senior Citizens Director, Kathi DeLisa. COUNCILMAN PAOLONI moved to accept the report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from the Planning Board informing the Town Board that at the April 16, 2001 meeting, a discussion commenced regarding the implementation of a drainage system which Cranberry Hills development will initiate. This drainage system will have a beneficial effect on the neighbors and taxpayers of the Oakwood Knolls development. The Planning Board asked the Town Board to view the presentation by the Cranberry Hill Developers in a very favorable light. COUNCILMAN RUGGIERO moved to table to the June 11th workshop. Seconded by Mr. Paoloni Motion Unanimously Carried Authorization is requested to upgrade the Postage Meter and to replace the Postage Scale located in the Town Clerks office. COUNCILMAN VALDATI moved to upgrade the Postage Meter and replace the Postage Scale in the Town Clerk's office. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Carmella R. Mantello, Executive Director, clarifying some of the information regarding the Greenway role in developing and implementing the Dutchess County compact know as Greenway Connections. COUNCILMAN RUGGIERO informed the Board that he has spoken to the Village of Rhinebeck who had originally opposed the project, and they discovered they were losing funding for grants because they did not accept it. That's one of the reason Wappinger has been looked upon negatively when seeking grants. Al Roberts, Attorney to the Town explained that this is something that needs serious consideration. He spoke with Roger Akeley and seven or eight municipal Attorneys and he suggested that Ian McDonald, who is the County Attorney sit in on the meeting. After Mr. McDonald reads the book, he will arrange to meet with him. NO ACTION TAKEN. 17 05/29/2001.RGM The next item for the Boards consideration is the Piqwon proposal. COUNCILMAN VALDATI moved to discuss the Piqwon proposal in Executive Session. Seconded by Mr. Paoloni Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO reported that the County Legislature voted this evening to adopt the redistricting plan and all the legislators for the Town of Wappinger opposed the plan. This is subject to a permissive referendum. There was discussion on the availability of Counsel when requested by the Dog Control Officer. Mr. Roberts explained that the Supervisor requires all department heads to clear it with her before communicating with him, and in this specific instance there was a problem and Ann Marie spoke to Mrs. Smith while he was in her office. He did not assist her, nor was he asked to help her with the prosecution. He does not know whether Mrs. Smith was asked by Ann Marie to get his assistance in the prosecution. COUNCILMAN RUGGIERO moved to authorize Attorney to the Town to be available to prosecute. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN VALDATI had no reports at this time. SUPERVISOR SMITH in regard to the American Lumber site. She went to the Planner and he sent a positive letter back. The Zoning Administrator also is in support of the project . SUPERVISOR SMITH wished to be authorized to send a letter to the Planning Board in support of the Polich Art Works proposal. COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to send a letter to the Planning Board that the Town Board supports this project. Seconded by Mr. Valdati Motion Unanimously Carried BONDS AND LETTERS OF CREDIT A report was submitted from the Zoning Administrators office for the month of April, on the schedule of Bonds and Letters of Credit on 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. Paoloni Motion Unanimously Carried RESOLUTIONS The following resolution was moved by COUNCILMAN RUGGIERO and seconded by Councilman Paoloni. ff: 05/29/2001.RGM WHEREAS, the Town Board of the Town of Wappinger recognizes that the uncontrolled production, discharge or depositing of canine feces/waste is unsightly, unsanitary and imposes a threat to the health, safety and welfare of the residents of the Town of Wappinger; and WHEREAS the Town Board of the Town of Wappinger had determined that the code of the Town of Wappinger does not contain adequate provisions relating to the prohibition to the canine defecation on public or private property and/or requiring the removal of same whenever it occurs on public or private property within the Town of Wappinger; and WHEREAS, the Town Board of the Town of Wappinger has currently before it a proposed local law with regard to the removal of canine feces/waste be a dog owner and/or person(s) in control of the dog in the Town of Wappinger; and WHEREAS, the Town Board has determined that the proposed action, that is the adoption of a local law prohibiting canine defecation on public or private property, and whenever such canine defecation occurs, requiring the removal of such canine feces/waste by dog owners or person(s) in control of dogs, is a Type II action pursuant to 6 NYCRR 617.5 and Section of the Code of Wappinger, not requiring environmental review pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 in the Code of the Town of Wappinger. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The recitations above set forth are hereby incorporated as if fully set forth herein 2. The Town Board hereby introduces for adoption Local Law # _ of the Year 2001 in the form annexed hereto. 3. The Town Board determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 Section 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that his action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of 2001 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 25th day of June 2001 at 7:25 p.m., and that the Town Clerk is directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: 19 05/29/2001.RGM Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina Absent Joseph Ruggiero Voting Aye Joseph Paoloni Voting Aye The Resolution is hereby duly declared adopted. Next is to adopt the Personnel Policy. COUNCILMAN RUGGIERO moved to adopt the Personnel Policy. Seconded by Mr. Paoloni Motion Unanimously Carried UNFINISHED BUSINESS The five properties in the Alpine rezone. Al Roberts informed the Board that he received a verbal report from Mitch Morris and the department of Audit and Control. There is no procedure to remove property from an improvement area once they have been certified as being included in an area benefited. He recommended the benefit assessments be reduced to a nominal amount. Discussion followed. SUPERVISOR SMITH announced that a workshop is needed to discuss Alpine. At this time 10:45 p.m. COUNCILMAN RUGGIERO moved to go into Executive Session to discuss the Piqwon proposal, seconded by Mr. Paoloni and unanimously carried. The meeting reconvened at 11:22 p.m. with all board members present with the exception of Mr. Bettina. COUNCILMAN RUGGIERO moved to authorize the Attorneys request regarding Piqwon. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize the Attorneys request regarding MVK. Seconded by Mr. Paoloni Motion Unanimously Carried There was no other business to come before the board. COUNCILMAN RUGGIERO moved to close the meeting, seconded by Mr. Paoloni and unanimously carried. The meeting adjourned at 11:24 p.m. /f a Gloria J ors Town erk 20