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2001-04-23 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 23, 2001 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL, PLEDGE ALLEGIANCE TO FLAG 3. REPORTS OF OFFICERS: Sup/Compt, Bldg. Insp., Zng. Adm., Justice Court, Receiver of t Taxes, Assessor 4. Accept Minutes: March 12, 2001, Workshop Meeting, March 26, 2001, Town Board Meeting 5. PETITIONS & COMMUNICATIONS a. Recognition of Firemen Beale & Kramer of Hughsonville. b. Notification of intent to renew liquor license from Hudson's Ribs & Fish c. Request for return of escrow funds (1) Don Rhea 156 Diddell Road $35. (2) Frank Buyakowski, Airport Business Center $1,451. (3) J&M Management Bakery, Airport Drive $2,184.62 d. G. Foster, Highway Superintendent (1) request permission to attend annual Highway School, June 3rd 4th 5th of 2001. (2) Left over paving from 2000. e. Zoning Administrator (1) Greer Toyota (2) Letter of thanks f. Ralph Holt, Recreation Chairman requests. (1) P.O. $3,000 payable to Ecological Specialties Corp. new interface for docks Chelsea. (2) P.O. $8,000 payable to Deer Hill Conference Center, Summer swim program. (3) P.O. $4,200 payable Sign Language; to list recreation and community events. (4) Recreation funding summary. (5) Request park utilization for Summer Program. (6) Reappointment to Recreation Commission. (7) P.O. $1,345.62 S&S Arts & Crafts Playground Supplies g. Joe Ennesser re: Reese Park educational program. h. Debra Brown, Water/Sewer Billing re: request to order 78 water meters @ $89 each plus $150 for shipping. Total $6,942 i. Susan Phillips District Clerk, WCSD, request use of eight (8) vote machines for annual election on Tuesday May 15, 2001. j. Al Roberts, Attorney to Town. (1) 3/26/01 Labieniec Subdivision. (2) 3/30/01 Conflict (3) 4/9/01 Cell Tower -Stealth Technology k. Jay Paggi, Engineer to Town reports. (1) 3/21/01 Wappinger Water Improvement 99- 1(E) Hudson Valley Electrical Const. & Management, Contractor vs Netter Thomas 01/05/01. (2) 3/27/01 WST/TIA Phase 3A, Contract 2. (3) 3/30/01 Evergreen Drive/Wappinger Water Improvement 99-2(R). (4) 4/5/01 Oakwood Knolls Water District. (5) 4/9/01 Emergency Generators Various Water/Sewer Districts. (6) Degarmo Hills Rd Culvert Replacement/Haas 1. Rubeo Complaint in. Dutchess County 4/6/01 re: CWWIA Hilltop Water Storage Tank #2 n. Justice Court re 4/3/01 re : Computer purchase. o. Matt McMahon, CAC re: impacts of road salt on aquifers. p. McCann re: Swimming pool. q. Tri Muni re: Roof repair cost. r. New York State Parks re: Grant denial s. Mayor Belding Village of Wappingers Falls letter of thanks. t. Sal Peninni, Financial Planner Opinion. u. Vecchio request to hook into town water. 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zoning Administrators Report 8. RESOLUTIONS a. Award Bid for Entrance Canopy. b. Award Bid Wappinger Sewer Transmission Treatment Phase 3A Contract 3. c. Award Bid Wappinger Sewer Transmission Treatment Phase 3A Contract 4. d. Adopt increase in maximum estimated cost of improvements proposed for T/W Sewer Transmission/Treatment Improvement Area No 3A. e. Adopt Local Law "Prohibition of Open Burning". f. Award Highway Equipment Bids. 9. UNFINISHED BUSINESS 10. NEW BUSINESS —Accept Red Hawk Hollow Property 11. ADJOURNMENT 04/23/2001.RGM The Regular Town Board Meeting of the Town of Wappinger was held on April 23, 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 Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman (arrived at 7:40 p.m.) Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney 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 March were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Building Inspector, Zoning Administrator, and Assessor. COUNCILMAN RUGGIERO moved to accept the reports and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried MINUTES The Minutes of the Workshop Meeting of March 12, 2001 and Regular Town Board Meeting of March 26, 2001, having previously been forwarded to the Board Members, was now placed before them for their consideration. COUNCILMAN RUGGIERO moved that the above stated minutes as presented by the Town Clerk be and they are hereby approved. Seconded by Mr. Bettina Motion Unanimously Carried At this time Supervisor Smith introduced Fire Chief Beale, and Assistant Chief Kramer of Hughsonville. We have the honor in the Town of Wappinger to acknowledge these young men who risked their lives in the line of duty on February 6th, 2001. The town presented the firefighters with plaques and on behalf of State Senator Steve Saland, presented a Legislative Resolution adopted by the New York State Senate and Assembly. A representative from Attorney General Eliot Spitzer's office was also present and presented the firefighters with Certificates of Merit for their bravery. Notification of intent to renew a liquor license was received from Hudson's Ribs & Fish, 1099 Route 9, Fishkill New York. COUNCILMAN BETTINA moved to accept the notification from Hudson's 1 04/23/2001.RGM Ribs and Fish and place it on file without comment. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several requests for the return of escrow. The first is a request from Don Rhea, 156 Diddell Road in the amount of $35. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $35 to Mr. Rhea, based on the recommendation of the Building Inspector and Zoning Administrator. Seconded by Mr. Ruggiero Motion Unanimously Carried The next request is from Frank Buyakowski, Airport Business Center for the return of escrow in the amount of $1,451.00 COUNCILMAN RUGGIERO moved to authorize the return of escrow in the amount of $1,451.00 to Mr. Buyakowski, based on the recommendation of the Zoning Administrator. Seconded by Mr. Paoloni Motion Unanimously Carried The last request was received from J & M Dutchess Management Bakery, Airport Drive, for the return of escrow in the amount of $2,184.62. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $2,184.62 to J & M Dutchess Management, based on the recommendation of the Zoning Administrator. Seconded by Mr. Ruggiero Motion Unanimously Carried. Graham Foster, Highway Superintendent requests permission to attend annual Highway School in Ithaca New York from June 3rd to June 5th. COUNCILMAN BETTINA moved to approve the request of Mr. Foster to attend the annual Highway Superintendents Conference from June 3rd to June 5th and his legitimate expenses charged to the town. Seconded by Mr. Paoloni Motion Unanimously Carried Mr. Foster presented the following list of road which were scheduled for paving in 2000, which were prepared but not paved. It was expected that his project would be funded from the "B" fund. The estimated cost for these roads is $255,000. Since Highway does not have any funds budgeted for capital blacktop in their 2001 budget, they will have to transfer this amount from "B" to "DB". In addition to these roads, Mr. Foster has also scheduled Wappinger Park roads for complete restoration. This work will be done in conjunction with the work Mr. Paggi is scheduling with Merritt Construction. 2 04/23/2001.RGM The anticipated cost of this project is $150,000. This money will also have to be transferred from the "B" fund to "DB". 3 1. Marlorville Road 1,000 T 2. Fieldstone Loop 340T 3. Fieldstone Blvd. 850 T 4. Alpert Drive 800T 5. Tor Rd (partial) 500 T 6. Sylvia Drive 350T 7. Sarah Drive 90 T 8. Granger Place 200T a 9. Rich Drive 200T 10. Rowell Lane 500T 11. Davies Drive 500T 12. Edgehill Dr. 340T 13. Carroll Drive 200 T (partial) (partial) COUNCILMAN RUGGIERO moved to adopt the list of left over paving schedule from 2000 and authorize transfer of up to $585,000 to complete the paving as requested by Mr. Foster. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Tatiana Lukianoff, Zoning Administrator. The first is in regard to Wappinger Toyota. Ever since assuming the position of Zoning Administrator, Tatiana has been made aware of the excess lighting at the auto dealership. She contacted Cindy Greer, owner of the premises, in order to ascertain what was being done to remedy the situation. Her position and argument was that no new poles had been installed nor any stronger bulbs and the bulbs being new, gave off stronger light. Ms. Greer indicated that the new owners of the franchise planned to submit a full-blown site plane which would include proposed new construction. Tatiana informed Ms. Greer that until the present concerns of lighting, drainage and congested parking areas to the west are addressed, no new site plans can be submitted. Ms. Greer returned to the Planning Board for the November 20th meeting and was told to return in January with a revised lighting plan. Tatiana is hopeful that by blocking any new work at the site we will be able to make them conform significantly quicker. Discussion followed. COUNCILMAN PAOLONI moved to accept the report from Ms. Lukianoff, and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried A letter of thanks from the Zoning Administrator the opportunity of attending the Effective Zoning Administration Techniques Zoning Course that. She came away feeling she had gained in theoretical as well as practical knowledge. COUNCILMAN PAOLONI moved to accept the correspondence and place it on file. 3 04/23/2001.RGM Seconded by Mr. Ruggiero Motion Unanimously Carried Several requests from Ralph Holt, Recreation Chairman. The first is permission to obtain a P.O. in the amount of $3,000 payable to Ecological Specialties Corporation for new interface for the docks at Chelsea. The funds for this project are in Recreation Account A-7110.4. They specialize in docks and dock interfaces and have performed all the work on our docks. COUNCILMAN BETTINA moved to authorize a P.O. in the amount of $3,000 payable to Ecological Specialties Corporation for new interface for the docks at Chelsea as requested by Mr. Holt. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is permission to obtain P.O.'s totaling $8,000 payable to Deer Hill conference Center for the use of their pool facilities from June 25th, to August 9th 2001 for the summer swim program. These funds will be payable in two installments of $4,900 due on or before Wednesday, June 20, 2001 and Wednesday, July 18, 2001. The funds are allocated in the B-7310.4 account. COUNCILMAN PAOLONI moved to authorize P.O.'s totaling $8,000 payable to Deer Hill conference Center for the use of their pool facilities from June 25th, to August 9th 2001 for the summer swim program. Seconded by Mr. Ruggiero Motion Unanimously Carried During a storm in 2000, Recreation lost (1) of the signs at Schlathaus Park that listed scheduled recreation events, as well as other community events. This is a significant loss to our ability to get information to our residents. We were unable to replace this sign in 2000, but we now have the (3) bids required to determine the contractor. 1. Sign Language $4,200.00 2. K K Signs $4,990.00 3. Gloebe Neon Sign Co. $5,860.00 Mr. Holt requests approval to move forward and accept the bid of Sign Language at $4,200, they being the lowest bid. Our problem is a little more complicated in that Recreation no longer has the needed resource and if funding is not available elsewhere, we request to be allowed to use dollars from the Parkland Fund Account. COUNCILMAN PAOLONI moved to authorize a P.O. in the amount of $4,200 payable to Sign Language, as recommended by Mr. Holt and Funds to come from the Parkland Fund Account. Seconded by Mr. Ruggiero Motion Unanimously Carried Ll 04/23/2001.RGM A memo from Mr. Holt providing a summary review of where recreation dollars are spent. A budget is established each year, but some times we get caught up in the detail and don't gain a fair understanding of its major components. Total dollars assigned to recreation to manage are $563,022. These resources are spent as follows: 1. Summer Programs $165,542.00 2. Senior Citizen Program 88,671.00 3. Playground & Recreation Centers 45,150.00 4. Maintenance 221,834.00 5. Administration (Holt, Roe, Comm.) 41,825.00 $563,022.00 COUNCILMAN VALDATI moved to accept the memo from Mr. Holt and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried A request from Mr. Holt for permission to make some changes to the number of Town parks for the Summer Programs. He feels the changes will provide safety and increased flexibility to both parents, children and recreation workers. They wish to close Evans Camp for safety reason and Robinson Lane, due to low enrollment. COUNCILMAN VALDATI moved to approve the changes to the number of parks to be utilized for the Summer Program, as requested by Mr. Holt. Seconded by Mr. Paoloni Motion Unanimously Carried Notification from Ralph Holt, Chairman of the Recreation Committee that his term of office is due to expire on May 1, 2001, and he is interested in serving another 5 year term. SUPERVISOR SMITH announced that any appointments that are available must be advertised in the newspapers and she forgot to place the ad in the newspaper as required.. COUNCILMAN VALDATI moved to table until position is advertised as required. Seconded by Mr. Bettina. Motion Unanimously Carried The last request from Recreation is permission to obtain a P.O. in the amount of $1,345.62 payable to S & S Arts and Crafts for various playground supplies (checkers, whistles, jumbo erasable calendars, markers, 2 -way radios, weather radio) for the various playground sites. The funds for this purchase will come from B-7310.4. COUNCILMAN PAOLONI moved to authorize a P.O. in the amount of $1,345.62 payable to S & S Arts and Crafts for various playground supplies k, 04/23/2001.RGM (checkers, whistles, jumbo erasable calendars, markers, 2 -way radios, weather radio) for the various playground sites, as requested by Mr. Holt. Seconded by Mr. Ruggiero Motion Unanimously Carried Notification from Joseph Ennesser in regard to status of the Reese Park education program. The Committee has taken on as a Park Director/Interpreter, Mr. Chris Iversen, an educator from the Randolph School. COUNCILMAN RUGGIERO moved to accept the notification from Mr. Ennesser, and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Debra Brown, Water/Sewer advising the Town Board that the supply of water meters is low and the "Spring" building season is here, therefore she is requesting permission to order 78 water meters with remotes at a cost of $89 per meter for a total cost of $6,942 (plus approximate freight charges of $150). E J Prescott Inc., (aka Sensus Technologies) is the SOLE SOURCE for these meter and remotes. COUNCILMAN VALDATI moved to authorize the purchase of 78 water meters, with remotes for a total cost of $6,942, plus freight charges, as requested by Debra Brown. Seconded by Mr. Ruggiero Motion Unanimously Carried A Request from Susan Phillips, District Clerk of Wappingers Central School, for the use of eight (8) Voting Machines for the Wappinger Central School District Annual Election to be held on Tuesday, May 15, 2001. COUNCILMAN PAOLONI moved to authorize the use of eight (8) voting machines to Wappinger Central School District for their Annual Election to be held on Tuesday, May 1, 2001. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Al Roberts, Attorney to the Town in connection with the Labieniec Subdivision. Enclosed was a proposed Deed conveying certain road frontage to the Town of Wappinger, together with TP -584 and RP -5217. The documents are all in order, and Mr. Roberts recommends that the Town Board accept this strip of land as per Planning Board approval. Mr. Roberts also reviewed the Title Report No. LHF-D-2977, File No. 803-D-1077 and find this Title is satisfactory for the Town's purpose. COUNCILMAN RUGGIERO moved to authorize acceptance based on the recommendation of Mr. Roberts. C:3 Seconded by Mr. Valdati 04/23/2001.RGM Motion Unanimously Carried Correspondence from Al Roberts, Attorney to the Town in regard to certain conflicts with his firm. SUPERVISOR SMITH wished to discuss this matter in Executive Session at the end of the meeting. NO ACTION TAKEN. For the Boards information, from Al Roberts, Attorney to the Town, an article that was contained in the March 26, 2001 New York Law Journal regarding "Stealth" technology and cell towers. This may be something the Board may wish to consider for future applications. COUNCILMAN PAOLONI moved to accept the information and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first report concerns the Netter Thomas claim. On March 20th, 2001, Mr. Paggi's office received a call from the above resident on Helen Drive., regarding a claim against the contractor which occurred during the construction phase of Wappinger Water Improvement 99-1(E). Mrs. Thomas indicated the contractor's (Hudson Valley Electrical Construction & Management) insurance adjuster had been to her house, evaluated the damages and offered her a settlement for said damages. Before accepting a settlement, Ms. Thomas wants an engineering evaluation performed to certify that there will be no adverse impacts to her yard in the future. Mr. Paggi feels this claim lies in the hands of the insurance agency. Al Roberts, Attorney to the Town explained that nobody could guarantee something like this if there is ultimately a claim. In the absence of proof there is nothing we can do to forecast the future. Discussion followed. COUNCILMAN BETTINA moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is an update report on the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A, Contract No. 2. In regard to the blasting on Losee Road and its potential of impact on the adjacent wells, blasting operations have been postponed until the blasting company, the construction company, and his office is confident that the method of rock removal is acceptable, and that the potential for any damage to wells has been minimized. COUNCILMAN VALDATI moved to accept the report and place it on file. 7 04/23/2001.RGM Seconded by Mr. Ruggiero Motion Unanimously Carried The next report concerns the Evergreen Drive/Wappinger Water Improvement 99-2(R). One of the scheduled improvements is the construction of dedicated tank line from the Atlas Wellfield up to the Cider Mill Loop Water Storage Facility site. As part of this route, we are traversing the newly constructed subdivision road called "Evergreen Drive". The final pavement is not on this street as of yet, but is scheduled form sometime this year. Mr. Paggi wishes to schedule the installation of this pipe quickly so as not to interfere with the pavement of road. Discussion followed. COUNCILMAN RUGGIERO moved to authorize Attorney to the Town Al Roberts draft a letter to the Planning Board outlining the Boards intent to delay the paving of Evergreen Drive and place the money in escrow until such time that we are ready to pipe Evergreen Drive for the Water Improvement Contract. Seconded by Mr. Paoloni Motion Unanimously Carried At the last Town Board meeting, Mr. Paggi's office was authorized to prepare a desk top analysis of what it would cost to tie the Oakwood Knolls Water District into the Distribution system of the Central Wappinger Water Improvement. The total capital cost required to make the connection without the installation of meters would cost $145,000. The total capital cost to make the connection with the installation of meter would cost $192,000. Utilizing net level debt service, a term of 20 years, and an interest rate of 6% would mean a per benefit unit cost for the completion of the project without installation of meters of approximately $150. If we include the installation of the meters the per benefit unit cost would be approximately $200. COUNCILMAN RUGGIERO moved to authorize Jay Paggi, Engineer to Town, to prepare map, plan and report for the Oakwood Knolls Water District to discuss at the June workshop. Seconded by Mr. Paoloni Motion Unanimously Carried At the last Town Board meeting, Mr. Paggi was authorized to compile a list of the necessary emergency generators as recommended by CAMO Pollution Control, and determine what the project cost and per benefit unit cost would be for each District. The total construction cost which includes the equipment, installation and contingencies would come to $525,000 plus engineering fees, legal fees/financial fees and survey fees for a total project cost of $613,000. Also included in the report, Mr. Paggi calculated the 20 year bond at 6% level debt service, plus the benefit unit cost for each E:3 04/23/2001.RGM 601 sewer/water district. Mr. Paggi also calculated the cost of a 5 year BAN at 5%. COUNCILMAN BETTINA moved to take to the June workshop for further discussion. Seconded by Mr. Paoloni Motion Unanimously Carried LM The last report from Mr. Paggi concerns the Degarmo Hills Culvert Replacement/Hass. Mr. Paggi informed the Board that Mr. & Mrs. Hass wanted reassurance from the Town, if the contractor while performing the contract, damages their house. Mr. Roberts explained that Charlie DelBene indicated that Mr. & Mrs. Haas are now willing to accept the contractors insurance. The contractor was not able to proceed, because we did not have the easement from Mr. Haas. Discussion followed. COUNCILMAN RUGGIERO moved to authorize Attorney to the Town, Al Roberts draft a letter to Mr. & Mrs. Haas outlining the Towns Liability and responsibility. Seconded by Mr. Paoloni Motion Unanimously Carried Graham Foster, Highway Superintendent explained that the only reason we are going down on the Haas property to start with, is his Engineer gave the town incorrect information on the elevations. If those elevations had been accurate, Mr. Haas would never have received a C.O. We received erroneous information that was signed off by an Engineer in 1989 or 1990. To compound the problem Mr. Haas installed a culvert later on based on that erroneous information. This is the culvert the town is going to spend $26K to replace. Discussion followed. COUNCILMAN RUGGIERO moved to authorize Al Roberts, Attorney to the Town to look into the feasibility of proving damages for alleged malpractice of fraudulent documents provided to the Town. Seconded by Mr. Paoloni Motion Unanimously Carried A letter of complaint was received from Edward Rubeo, of 13 Doyle Drive in regard to the problems he has experienced with Mr. Foster and the Highway Department. Mr. Foster informed the board that he had spoken to Mr. Rubeo and this matter will be taken care of. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried 601 04/23/2001.RGM Correspondence was received from the Dutchess County Department of Health informing the Board that the plans, engineers report and specifications submitted by Paggi, Martin and DelBene for the CWWIA Water Storage Tank #2 was approved on 4/2/2001, providing they followed their conditions of approval. COUNCILMAN PAOLONI moved to accept the correspondence from the Dutchess County Department of Health, and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from the Justice Court requesting permission to place an order, according to state bid for the computer equipment and printers they listed in their equipment budget for 2001. As stated in their budget proposal, the Justice Court was able to obtain by grant, one computer, but need to upgrade the remaining 4 workstations and printers. The approximate cost through the state would be $1,100 per Dell PIII 733 computer and $960.22 per HP 2100TN laser printer totaling $7,280. The total equipment allotment is $7,800. COUNCILMAN RUGGIERO moved to authorize the state bid of $7,800 for computer equipment as requested by Justice Court. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Matt McMahon, PhD., on the impact of road salt on the acquifers. Discussion followed. COUNCILMAN PAOLONI moved to accept the correspondence from Mr. McMahon, and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Michael McCann of 12 Partners Road requesting the Town Board consider installing a community swimming pool for the residents of the Town of Wappinger. COUNCILMAN PAOLONI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The following are Bids that were opened on March 21, 2001 for the Tri -Muni Roof Replacement Waste Water Treatment Facility for the Town of Poughkeepsie, Village of Wappingers Falls, Dutchess County, NY. Contractor Bid Amount Non Bid Coll. Bond 1. Henderson — Johnson $105,483 0 2. Hydrade Insulators, Inc. 3. D'Onofrio General Const. Corp 4. Everfoam Insulation System 5. S.D. Carruthers Sons, Inc. $ 73,800 72,900 66,474 66,400 04/23/2001.RGM COUNCILMAN RUGGIERO moved to authorize the Comptroller to dispatch a memo to the Town Board advising where funds are to come from, before authorizing towns portion. Seconded by Mr. Bettina Motion Unanimously Carried Notification from the New York State Office of Real Property Services informing Supervisor Smith that the Town of Wappinger has been denied Maintenance Aid for the year 2000. COUNCILMAN VALDATI moved to accept the notification and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried A letter of thanks from Mayor Raymond Belding, for the assistance of Sal Morello at the Industrial Park in the Village. COUNCILMAN PAOLONI moved to accept the letter of thanks from Mayor Belding and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Next is an opinion letter from Financial Advisor for the Town of Wappinger, Salvatore T. Pennini. COUNCILMAN BETTINA moved to accept the opinion letter and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Lynn Vecchio requesting the town to speed up its process in supplying water to all the residents before the problem becomes critical. Discussion followed. COUNCILMAN VALDATI moved to authorize Supervisor Smith send a letter to Ms. Vecchio that no water facilities are available at this time. Seconded by Mr. Paoloni Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN PAOLONI had no reports at this time. COUNCILMAN RUGGIERO on the sign at the entrance of Rockingham Farms. Someone drove over it, can the town do something about getting it repaired. Mr. Foster explained that the town never gets involved in that. Its 11 04/23/2001.RGM something that we have always had handled by the residents. NO ACTION TAKEN. The following Resolution was offered by COUNCILMAN RUGGIERO, who moved its adoption, and seconded by Mr. Paoloni TOWN OF WAPPINGER WHEREAS, the Town of Wappinger currently has five members representing it in the Dutchess County Legislature; three members whose districts comprise solely from within the Town, and two members whose districts comprise in part of the Town as well as shared with other municipalities, and WHEREAS, the Dutchess County Legislature, is charged with the responsibility to reapportion the seats of the County Legislature after the decennial United States census is officially completed, and WHEREAS, the Dutchess County Legislature, has appointed a reapportionment committee to draft a map, and local law that would define the County Legislative districts for the next decade, and WHEREAS, on April 17th, a draft plan of the reapportionment of the Dutchess County Legislature has been laid on the desk of the Dutchess County Legislature without it being voted on by the Legislature's Reapportionment Committee, and without any public input or comment being heard on that plan, and WHEREAS, said draft legislative plan reduces the Town of Wappingers representation in the County Legislature while other municipalities of equal population have not seen a change or reduction in their representation, causes an unfair shift in representation and limits the effect the Town of Wappinger in the Dutchess County Legislature, WHEREAS, said plan causes many incumbent legislators in the Southern Dutchess area to face each other in primaries or in the general election which could have the result of eliminating many female incumbent legislators from serving in the Legislature. NOW THEREFORE BE IT RESOLVED, that the Town of Wappinger Town Board expresses it opposition to the reapportionment plan of the Dutchess County Legislature that was introduced on the April 17th meeting of the County Legislature, and BE IT FURTHER RESOLVED, that the Town of Wappinger Town Board calls on the Dutchess County Legislature to disapprove its draft plan and to draft a reapportionment plan for the County Legislature that is equitable to all municipalities, promotes fairness to all incumbent legislators, without prejudice to anyone person's sex, race, religion, or political affiliation. ROLL CALL VOTE: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman VOTE Aye Aye Aye Aye Aye This resolution is thereupon declared duly adopted. 12 04/23/2001.RGM COUNCILMAN RUGGIERO moved to authorize Town Clerk to send adopted Resolution with Town Seal, to Dutchess County Legislature. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN VALDATI asked Mr. Foster how the Bulk Clean-up was going. Mr. Foster replied that, unfortunately the ad that was placed in the paper is the same ad used in the early 90's, so now we are now collecting wood. We had not been picking it up the last 3-4 year. People do not read. The wood is supposed to be in 4' lengths, and bundled so two men can pick it up. We go by and pick up all the metal, and two days later all the metal is back again. It is a horrendous job, and we fought it for twelve years. They don't put the items out in time, they mix the piles when they put them out. When you take the combustibles off the following week, all the metal is on the bottom. Discussion followed. COUNCILMAN BETTINA had no reports at this time. SUPERVISOR SMITH wished to thank Vincent Bettina on behalf of the town, for providing personnel for the upgrade of dugouts at Robinson Lane. SUPERVISOR SMITH reported that Phi-Ton/Domenicus water on Osborne Hill Road has been authorized by the Village of Fishkill and Dutchess County and they are working on the hook-up. She also receive a letter from the Village of Fishkill informing us, that in the future we won't have to call them when we need a hook-up. The house south of Phi -Ton has also been polluted and they are writing a letter to us and the Board of Health, requesting to be hooked in. She called Fishkill, and they informed her they are going to put in Well #7. When they put in the new well, they will give the Town the opportunity to renegotiate for more water for the Woodhill area. COUNCILMAN BETTINA moved to authorize Jay Paggi, Engineer to the Town to prepare a map plan and report to extend the district from the Fishkill Town line to Fleetwood. Seconded by Mr. Ruggiero Motion Unanimously Carried SUPERVISOR SMITH explained that another area of pollution is in the Stoezel Mobile Home Park off Route 376. The owner has put in filters, and water is being delivered by tanker. The DEC is also providing the money from the Super Fund for the mobile home park on 376. Discussion followed. COUNCILMAN PAOLONI moved to authorize Jay Paggi, Engineer to the Town to prepare a desk top study, and also include Russell Road. Seconded by Mr. Ruggiero Motion Unanimously Carried BONDS AND LETTERS OF CREDIT 13 04/23/2001.RGM A report was submitted from the Zoning Administrators office for the month of March, 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. Bettina Motion Unanimously Carried RESOLUTIONS COUNCILMAN RUGGIERO move to table awarding the bid for the Entrance Canopy for the Town Hall because the bids had not been received from Don Swartz. Seconded by Mr. Paoloni Motion Unanimously Carried Next is to award the bids for the Wappinger Sewer Improvement Transmission/Treatment Improvement Phase 3A, Contract No.3. The bids for the project were opened on April 20, 2001. The results are as follows. 1) Grant Street Construction, Inc. $1,283,000.00 2) Blacktop Maintenance Corp. $1,297,927.00 3) Whitney Trucking, Inc. $1,439,000.00 4) Sun Up Enterprises, Inc. $1,912,458.10 Mr. Paggi's office has reviewed the bids and finds them to be in proper format, and mathematically correct. Mr. Paggi's office recommends that the contract be awarded to the low bidder, Grant Street Construction, in the amount of $1,283,000.00 and that the Supervisor be authorized to sign the Contract after Al Roberts, Attorney to the Town clears the performance bond, insurance papers and easement acquisitions. COUNCILMAN RUGGIERO moved to award the bid for the above referenced project to Grant Street Construction in the amount of $1,283,000.00 as recommended by Jay Paggi, Engineer to the Town. Seconded by Mr. Paoloni Motion Unanimously Carried Next is to award the bids for the Wappinger Sewer Improvement Transmission/Treatment Improvement Phase 3A, Contract No.4 The bids for the project were opened on April 20, 2001. The results are as follows. 1) Grant Street Construction, Inc. $579,000.00 2) Blacktop Maintenance Corp. $595,987.50 3) H. Osterhoudt Excavating, Inc, $610,788.00 4) Sun Up Enterprises, Inc. $694,993.50 Mr. Paggi's office has reviewed the bids and finds them to be in proper format, and mathematically correct. Mr. Paggi's office recommends that the contract be awarded to the low bidder, Grant Street Construction, in the 14 04/23/2001.RGM amount of $579,000.00 and that the Supervisor be authorized to sign the Contract after Al Roberts, Attorney to the Town clears the performance bond, insurance papers and easement acquisitions. COUNCILMAN VALDATI moved to award the bid for the above referenced project to Grant Street Construction in the amount of $579,000.00 as recommended by Jay Paggi, Engineer to the Town. Seconded by Mr. Ruggiero Motion Unanimously Carried The following resolution was offered by COUNCILMAN RUGGIERO who moved its adoption, seconded by Councilman Valdati A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO AN INCREASE IN THE MAXIMUM ESTIMATED COST OF IMPROVEMENTS PROPOSED FOR TOWN OF WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA PHASE 3A IN SAID TOWN. WHEREAS by proceedings heretofore duly had and taken pursuant to the provisions of Article 12-C of the Town Law, and, particularly, a public interest resolution dated and duly adopted on January 25, 1999, the Town Board of the Town of Wappinger, Dutchess County, New York, has established the Town of Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A has authorized capital improvements therefor at a maximum estimated cost of $ 10,400,000; and WHEREAS, on December 14, 2000, bids for the capital improvements proposed to be constructed for Town of Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A were taken and based upon the lowest bids submitted by responsible bidders the maximum estimated cost of such improvements must be increased from $10,400,000 to $10,900,000, an increase of $500,000; and WHEREAS, a revised map, plan and report including an estimate of cost relating to such capital improvements, has been duly prepared by Paggi, Martin & Del Bene LLP, competent engineers duly licensed by the State of New York, which have been filed in the Office of the Town Clerk of said Town where the same are available during regular business hours for examination by any person or persons interested in the subject matter thereof, and WHEREAS, the capital improvements proposed to be constructed for Town of Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A have not changed from either those approved in the aforesaid public interest resolution dated January 25, 1999 or from those described the original map, plan and report dated September 14, 1998 as set forth in the aforesaid revised map, plan and report dated January 30, 2001 ; and 15 04/23/2001.RGM WHEREAS, said amended estimated cost is greater than one-tenth of one per centum of the full valuation of taxable real property in the area of the Town of Wappinger outside of any villages and therefor an application to the Office of the State Comptroller for approval of such maximum estimated cost, as amended, will be required; and WHEREAS, the establishment of the Town of Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A and the capital improvements proposed therefor, have been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which, as proposed, the Town Board has determined will not have any significant effects on the environment; and WHEREAS, an order was duly adopted by said Town Board on February 26, 2001, reciting the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed methods of financing to be employed, the fact that said revised map, plan and report, including an amended estimate of cost, were on file in the Town Clerk's office for public inspection and specifying the 26th day of March 2001 at 7: 15 o'clock P.M., local time, at the Town Hall, in Wappinger Falls, New York in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the increased cost of the establishment of Wappinger Sewer Transmission/Treatment Improvement Phase 3A and said revised map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same, and WHEREAS notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209-q of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said revised map, plan and report and the evidence given at said public hearing; and WHEREAS Section 209-q(5) of the Town Law requires, under the circumstances applicable, an application to be made to the Office of the State Comptroller for permission to increase the cost of the establishment of Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A; and WHEREAS, said Town Board is required to make the determinations required by Section 85.3(b)(1) I of the New York Code of Rules and Regulations prior to making such application and to direct the Town Clerk to 16 04/23/2001.RGM file such application with the Office of the State Comptroller for permission to 17 increase the cost of the establishment of Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A; and WHEREAS, the Town Board has caused such application to be prepared and has reviewed said application; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section I. Upon the evidence given at the aforesaid public hearing it is hereby found and determined as follows: (a) The application to the Office of the State Comptroller attached hereto as Exhibit A and hereby made a part hereof was prepared at the direction of this Town Board and this Town Board believes its contents to be accurate; (b) The establishment of the Wappinger Sewer Trans mission/Treatment Improvement Area Phase 3A at the increased cost of $10,900,000 is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof, (c) All the property and property owners within the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A as described in the preambles hereof, are benefited thereby; and (d) All the property and property owners benefited are included within the limits of the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A. Section 2. The Town Clerk shall, within ten (10) days after the adoption of this resolution, file certified copies of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, together with the application by this Town Board in duplicate for permission to increase the cost of the establishment of the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A provided for by subdivision 5 of Section 209-q of the Town Law of the State of New York. Such application shall be executed by and on behalf of the Town Board by the Supervisor of the Town and verified by the Supervisor and shall be completed in the form, and shall contain such information, as shall be prescribed by the regulations of the Office of the State Comptroller. Section 3. This resolution shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Supervisor Smith Voting Aye Councilman Valdati Voting Aye Councilman Bettina Voting Aye Councilman Ruggiero Voting Aye 17 04/23/2001.RGM Councilman Paoloni Voting Aye The resolution was thereupon declared duly adopted. Next is to award Highway Equipment Bids for the year 2001 for the Town of Wappinger. CHIPPER -1 Westchester Tractor $31,960.00 Mobark of N.E. $33,263.00 The Superintendent recommends the bid for the chipper be awarded to Westchester Tractor. DUMP TRUCK -2 Healy International $70,000.00 Arkel Motors $87,350.00 The Superintendent recommends the bid for the 2 Dump Trucks be awarded to Healy International. MULTIPURPOSE BODIES/PLOWS - 2 Roberts Equipment Amthor Welding Dutchess Diesels $69,969.00 $63,572.00 $61,984.00 The Superintendent recommends the bid for the 2 Multi Purpose Bodies/Plows be awarded to Dutchess Diesels. MEDIUM DUTY DUMP TRUCK - 1 * Poughkeepsie Chevrolet $32,296.00 PICK UP TRUCKS - 2 * Poughkeepsie Chevrolet $43,875.00 The Superintendent recommends we award the bid for the Medium Duty Dump Truck and the Two Pickup Trucks to Poughkeepsie Chevrolet. *Note: Three additional General Motors dealers, Hudson G.M.C., Healy Chevy and Gallagher Trucks did not bid. COUNCILMAN RUGGIERO moved to adopt all the above Highway Bids upon the recommendation of the Highway Superintendent. Seconded by Mr. Bettina Motion Unanimously Carried UNFINISHED BUSINESS Next is to accept the Planning Services agreement from Frederick P. Clark, for the Town Planning Board for 2001, and authorize the Supervisor to sign. COUNCILMAN RUGGIERO moved to accept the Planning Services agreement from Frederick P. Clark for the Planning Board for 2001, and authorize Supervisor Smith to sign. Seconded by Mr. Bettina Motion Unanimously Carried In F, F� 04/23/2001.RGM The next item for the Board consideration is the classification of Danielle Lent of the Justice Court. Supervisor Smith explained that Danielle did pass the test and she is provisionally appointed to the Clerks position. She spoke to Civil Service and they felt that her position should be left at the Clerks position rather than take her up to the next level, because she would be required to take another test. Discussion followed. COUNCILMAN BETTINA moved to classify Danielle Lent of Justice Court to a step 4 at a salary of $18,394. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN RUGGIERO on the agreement for the Domber wells. Mr. Roberts was authorized to negotiate with Mr. Domber's Attorney, has it been signed yet. Mr. Roberts said that it was not. He was away, and there are still some issues. This will be on the next workshop. COUNCILMAN VALDATI on 9D near the power lines, the two service stations, there are a tremendous amount of cars that are stored there. The Zoning Administrator informed him that a Site Plan is coming. Mr. Valdati also wished to know the status of A & W Salvage Processors. The Zoning Administrator said that they are up for an inspection May 3rd. NEW BUSINESS The last item for the Boards consideration is the Red Hawk Hollow property. COUNCILMAN PAOLONI moved to deed the abandoned cul de sac to the residents and authorize the Supervisor to sign. Seconded by Mr. Valdati Motion Unanimously Carried At this time, 9:25 p.m., COUNCILMAN BETTINA moved to go into Executive Session to discuss certain conflicts pertaining to Attorney Al Roberts, and his firm, seconded by Mr. Valdati and unanimously carried. The meeting reconvened at 10:05 p.m. with all board members present. COUNCILMAN BETTINA moved to place on file, the Attorneys letter dated March 30, 2001 pertaining to a conflict. Seconded by Mr. Paoloni There was no other business to come before the board. COUNCILMAN BETTINA move to close the meeting, seconded by Mr. Valdati and unanimously carried. The meeting adjourned at 10:07 p.m. G oria J. e Town Cle IR1