2000-06-26 RGM2"
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
June 26, 2000
7:30 P.M.
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes Reg. May 22, 2000 Workshop June 12, 2000
4. REPORTS OF OFFICERS: Sup/Compt Town Justices Receiver of Taxes
Bldg. Insp. Zng. Adm. Assessor H. Supt. Quarterly Report from
Grinnell Library Dog Control Officer
5.5. PETITIONS & COMMUNICATIONS
q•
r.
Application for a Change of Zone - Tim Hunt by JBR Const. c/o Jeff
Hunt - for 1061 Rte 376 from R-40 to HB Highway Bus. (for 1 lot onl)
Tom L. Lewis, Real Est. Rep for STEWARTS, Re: consider Ordinance
Amendment as relates to Gas Stations - w/ Petitions
Timothy Underwood, DBA Robbies Deli re: request to have deli inclu
in Sewage Imp. Area as a Tenant.
M. Tremper, CAMO, Memo re: Sewer Lateral @ 13 Dara Lane
Ismay (Force) Czarnecki, resignation from Town Board of Assessment
Review
Memo from Trish Maupin, Rec. of Taxes re: DC OCIS dropping support
of Tax Office Gilection Software in 2001
T/Justice Gloria Morse requests permission to attend Office of Cour
Adm. Advanced Training Seminar July 23-July25 at Pottsdam
Denise Bertolino request for return of $200 due to denial of ZBA
for variance
T/Clerk was served with Notice of Petition in the matter of
Imperial Improvements LLC vs T/W ZBA/Plug Bds & Martins Foods
Ralph Holt, Ch. Rec. Comm. re:(1) Request to rebid Walkway at Reese
Park (2) Gift to Rec. from disbanded softball League (3)
Schlathaus Paving -Driveway & Parking Area (4) Signs for REWARD mon
(5) Requests for P.0's - Bus Transportation $9,000 -- S & S Arts
& Crafts $2,500 -- Southern Industrial Sand $850 -- First Aid Kits
for Playgrounds $900 -- 18 Mats for 6 Playgrounds $3,213.80 --
Flagpole for Airport Park $1,600 (low bid)
Joe Ennesser, Bldg Comm. Ch., Re: Sports Museum
G. Foster, H. Supt. Memos: (1) Schedule of Rental Rates for yr 20
Equipment (2) Loaning equipment to Town of Fishkill H. Dept.
(3) Sabre Lane/Gabriella Rd. Easement (4) Revision of Bid report
re; Crushed Stone
J. Paggi, P,E., Eng. to Town, Reports: (1) Castle Point Landfill
5/17/00 & 5/31/00 corr. (2) Rockingham Well Field (5/31/00)
(3) Wildwood Lot #1 (5/25/00) w/ letter from Frank Lucas (4)
77 Smith Crossing Rd. and 28 -30 Smith Crossing Rd. Drainage (Mr.
G. E. Schappert) (5) Deanna Estates (6/5/00)
Dominick Fornabaio - 99 Spookhill Rd., water problem
Bids for Excess Highway Equipment
Zammiello Easement - All Angels Rd. Subdivison-accept Utility &
water easements.
Hudson River Greenway Compact - T/Poughkeepsie - re: T/PK as
Lead Agency.
Request for return of escrow for Seeding from ronald & Dawn Bracchl
$1,500.
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
Zng. Adm Report
8. RESOLUTIONS
a. Rail Trail - request to County to designate as a high priority item
b. Greystone
C. Community Development Program - accept and authorize Sup. to sign
M d. Set Escrow for City/T/W water expenses for feaibility study
e. L. Tassadfoy, Assessor Clerical Error - consider waiving penalty
67 Sherwod Hghts.
f. F.P. Clark Associates -Planning Services Agreement for 2000 &
Authorize Supervisor to sign
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06/26/2000.RGM
The Regular Town Board Meeting of the Town of Wappinger was held on
June 26, 2000 at the town hall, 20 Middlebush Road, Wappingers Falls, New
York. Supervisor Smith called the meeting to order at 7:45 p.m.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
Joseph Paoloni, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
MINUTES
The Minutes of the Regular Meeting of 5/22/2000, and Workshop Meeting of
6/12/2000, 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. Paoloni
Motion Unanimously Carried
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 and Quarterly Report from Grinnell
Library
COUNCILMAN VALDATI moved to accept the reports and place them on
file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
PETITIONS & COMMUNICATIONS
At this time, Supervisor Smith wished to have a motion to go out of order and
place Greystone as the first order of business.
COUNCILMAN RUGGIERO moved to place Greystone as the first order of
business.
Seconded by Mr. Bettina
Motion Unanimously Carried
Supervisor Smith announced that the residents who signed in and wished to
speak would be allowed to present their views on Greystone, but first she
wished to introduced Environmental Consultant, Matt Rudikoff to give a
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quick presentation on Greystone. Mr. Rudikoff explained that he was
retained by the town Board to make a review of the proposed acquisition of
Greystone so that the action the Town Board is considering making complies
with the New York State Environmental Quality Review Act. The law states
that the town prior to taking any action must look into all the environmental
impacts. The study was completed and presented to the Board for their
review last month. The study looks over traffic, cost to the town,
maintenance obligations etc. As a result of this document the town has
requested Mr. Rudikoff to prepare a Negative Declaration. Which means
that upon reviewing all the questions and issues, there is a reasonable
determination that whatever impacts, negative they may be, are outweighed
by the environmental benefits.
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Bettina
RESOLUTION
TOWN OF WAPPINGER TOWN BOARD
ISSUANCE OF A NEGATIVE DECLARATION
PURCHASE ACQUISITION OF GREYSTONE PROPERTY
WHEREAS, the Town of Wappinger is considering the purchase acquisition,
in fee simple, of the Greystone Property to conserve and preserve the
property for public uses an to accommodate the Town's recreational and
government needs (hereinafter referred to as the "proposed action"); and
WHEREAS, the approximately 99.6 acre Greystone Property is located on
the westerly side of Wheeler Hill Road, Town of Wappinger, Dutchess County
(Parcel ID 6057-03-487186), within an R-80 One -Family Residential Zoning
District; and
WHEREAS, the Greystone Property was formerly a seminary and contains
several buildings, including a multi -person residential structure, a former
chapel, a pavilion, remnants of nineteenth century mansion, barns and other
buildings used for administrative and grounds keeping purposes; and
WHEREAS, the Greystone Property is the last remaining large parcel of
land in the Town of Wappinger with Hudson River views which should be
preserved for the benefit of the public and which can be used for a variety of
recreational and governmental purposes; and
WHEREAS, the Town is desirous of acquiring this property to conserve it
and prevent it from being sold to a private entity for residential or other
development and to preserve it for the public for its recreational and
governmental purpose potential while preserving the historic character of the
property, its panoramic vistas and the Town's historical and geographical
association with the adjacent Hudson Rover; and
WHEREAS, the proposed action is an Unlisted action pursuant to Article 8
of the Environmental Conservation Law, and Title 6, Part 617 NYCRR
(commonly known as "SEQRA" ), and pursuant to Chapter 117 of the Town of
Wappinger Code; and
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WHEREAS, on February 14, 2000 the Town Board determined that this
action is an action for which there are no other involved agencies and further
confirmed its status as lead agency for this action; and
WHEREAS, materials submitted in support of this action include:
< The Greystone Report building Study, as prepared by Cerniglia
Swartz, P.C. dated October 26, 1998.
< Summary Appraisal Report, as prepared by McGrath, Basciani &
Associates, Inc., dated July 7, 1998.
< Phase I Environmental Site Assessment Report, as prepared by The
Chazen Companies, dated April 20, 2000;
< Survey of property, as prepared by Ernest Martin, Jr., L.S., Paggi,
Martin & DelBene, L.L.P., dated March 2000, revised May 2, 2000;
< Full Environmental Assessment Form, as prepared by Matthew D.
Rudikoff Associates, Inc., dated May 4, 2000, revised May 22, 2000;
< Operating Cost and Capital Improvement information supplied by
Greystone Programs, Inc.; and
WHEREAS, the Town Board is familiar with the property and is local and
has considered the materials provided in support of this action, including the
expanded EAF, environmental site assessment, property survey, and the
other materials listed above;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Wappinger hereby determines, pursuant to SEQRA 6 NYCRR Part 617, that
the proposed Unlisted action will not have a significant adverse effect on the
environment and the preparation of an Environmental Impact Statement will
not be required; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of
Wappinger hereby issues the attached Negative Declaration which lists the
reasons relied on to support its SEQRA determination of non -significance and
so directs the Town Clerk to distribute it as proscribed by SEQRA.
Motion Unanimously Carried
At this time Supervisor Smith wished to let several of the residents be heard
regarding the purchase of Greystone. The first speaker on the list was
Charles Cortellino who explained that he was neither for, or against the
purchase of Greystone, but had some questions about water & sewer. Mr.
Ruggiero explained that Greystone has its own water & sewer system, its
own emergency power system for the property, a fall out shelter. This
property falls into so many different categories so far as cost and where the
money will come from. Because the property is along the Hudson River, it
falls under the American Heritage Act. Because of the historic mansion on
the property, we can get Federal grants. We can also get ADA grants
because it is the only handicap accessible park along the river. By making
this small investment is an open door for the Town of Wappinger in an area
that we have never had before. If we purchase this property, Greystone will
be leasing it from the town for $7,500 per month for two years, which is more
than we would be paying in our budget for the Serial Bonds. Stanley Zuk, a
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resident of 224 Wheeler Hill Road opposes the purchase. Rosemary DelPeccio
wished to know if all the property was usable. Supervisor Smith answered,
yes. John Schepp of 179 River Road said we need a plan in place before we
spend the money to make sure all of the taxpayer are aware of what they are
going to pay in taxes. George Brannen felt it was a good idea for future use.
Mary Schmalz was in favor of the purchase, we need open space for balance.
Joanne Ianni, Pat Cheetham, Ralph Holt, William Haas, Frances Reese, Ed
Wisnewski Edna Winters, June Weyland, Hilda Stafford, Wendy Stafford,
Glen Thompson, Joe Ennesser and Alex Reese were all in favor of the
purchase of Greystone. Supervisor Smith informed the audience that she had
applied for eight grants as of today.
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption and seconded by Mr. Bettina.
A RESOLUTION AUTHORIZING THE ISSUANCE OF
$2,085,300 SERIAL BONDS OF THE TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK TO PAY THE COST
OF THE ACQUISITION OF A PARCEL OF LAND OF
APPROXIMATELY 99.6 ACRES COMMONLY KNOWN
AS THE "GREYSTONE PROPERTY" ON WHEELER HILL ROAD
AND THE BUILDINGS THEREON IN AND FOR THE TOWN
WHEREAS, the capital project hereinafter described has been determined to
be an Unlisted Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the
State Environmental Quality Review Act, a long form Environmental
Assessment Form has been prepared in connection therewith and the Town
Board has determined that the implementation of such capital project, as
proposed, will not result in any significant environmental effects; and
WHEREAS, it is now desired to authorize the financing of such capital
project;
NOW, THEREFORE, BE IT RESOLVED, BY THE Town Board of the Town
of Wappinger, Dutchess County, New York, as follows:
Section 1. For the objects or purposed of paying the cost of the
acquisition of a parcel of land of approximately 99.6 acres commonly known
as the "Greystone Property" on Wheeler Hill Road in and for the Town of
Wappinger, Dutchess County, New York, a specific object or purpose, at a
maximum estimated cost of $1,251,180, and the buildings thereon, a class of
objects or purposes, at a maximum estimated cost of $834,120, for use as a
recreational area and general municipal purposes, including, in each case
incidental expenses in connection therewith, there are hereby authorized to
be issued $2,085,300 serial bonds of the Town of Wappinger, Dutchess
County, New York, pursuant to the provisions of the Local Finance Law.
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Section 2. It is hereby determined that the aggregate maximum
estimated cost of such objects or purposes is $2,085,300, which such objects or
purposes is hereby authorized at said maximum estimated cost, and that the
plan for the financing thereof is by the issuance of the $2,085,300 serial
bonds of said Town authorized to be issued pursuant to this bond resolution,
allocated to each object or purpose in accordance with the maximum
estimated cost of each stated in Section 1 hereof.
Section 3. It is hereby determined that the period of probable usefulness
of the aforesaid acquisition of land is thirty years, pursuant to subdivision
21(a) of paragraph a of Section 11:00 of the Local Finance Law and that the
period of the probable usefulness of the aforesaid acquisition of buildings is
fifteen years, pursuant to subdivision 11(c) of paragraph a of Section 11:00 of
the Local Finance Law. It is hereby further determined that the maximum
maturity of the serial bonds herein authorized will exceed five years.
Section 4. Subject to the provisions of the Local Finance Law, the
power to authorize the issuance of and to sell bond anticipation notes in
anticipation of the issuance and sale of the serial bonds herein authorized,
including renewals of such notes, is hereby delegated to the Supervisor, the
chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said Supervisor,
consistent with the provisions of the Local Finance Law.
Section 5. The faith and credit of said Town of Wappinger, Dutchess
County, New York, are hereby irrevocably pledged for the payment of the
principal of and interest on such bonds as the same respectively become due
and payable. An annual appropriation shall be made in each year sufficient
to pay the principal and interest on such bonds becoming due and payable in
such year. There shall annually be levied on all the taxable real property of
said Town a tax sufficient to pay the principal of and interest on such bonds
as the same become due and payable.
Section 6. Such bonds shall be in fully registered form and shall be
signed in the name of the Town of Wappinger, Dutchess, County, New York,
by manual or facsimile signature of the Supervisor and a facsimile of its
corporate seal shall be imprinted thereon and may be attested by the manual
or facsimile signature of the Town Clerk.
Section 7. The powers and duties of advertising such bonds for sale,
conducting the sale and awarding the bonds, are hereby delegated to the
Supervisor, who shall advertise such bonds for sale, conduct the sale, and
award the bonds in such manner as she shall deem best for the interests of
said Town; provided, however, that in the exercise of these delegated powers,
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she shall comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of municipal
bonds. The receipt of the Supervisor shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of
the purchase money.
Section 8. All other matters, except as provided herein relating to such
bonds, including determining whether to issue such bonds having
substantially level or declining annual debt service and all matters related
thereto, prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership of said
bonds, appointing the fiscal agent or agents for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of the Supervisor, providing
for the manual countersignature of a fiscal agent or of a designated official of
the Town), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other
issues, shall be determined by the Supervisor. It is hereby determined that it
is to the financial advantage of the Town not to impose and collect from
registered owners of such serial bonds any charges for mailing, shipping and
insuring bonds transferred or exchanged by the fiscal agent, and, accordingly,
pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of the
Local Finance Law and shall otherwise be in such form and contain such
recital of validity clause provided for in section 52.00 of the Local Finance
Law and shall otherwise be in such form and contain such recitals in addition
to those required by section 52.00 of the Local Finance Law, as the
Supervisor shall determine.
Section 9. The validity of such bonds and bond anticipation notes may
be contested only if :
1) Such obligations are authorized for an object or purpose for
which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially
complied with, and an action, suit or proceeding contesting
such validity is commenced within twenty days after the date
of such publications, or
3) Such obligations are authorized in violation of the provisions of
the Constitution.
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Section 10 This resolution shall constitute a statement of official intent
for purposes of Treasury Regulations Section 1.150 - 2. Other than as
specified in this resolution, no monies are, or are reasonably expected to be,
reserved, allocated on a long term basis, or otherwise set aside with respect
to the permanent funding of the object or purpose described herein.
Section 11 Upon this resolution taking effect, the same shall be
published in full in Southern Dutchess News, the official newspaper, together
with a notice of the Town Clerk in substantially the form provided in Section
81.00 of the Local Finance Law.
Section 12 This resolution is adopted subject to permissive referendum
in accordance with Section 35.00 of the Local Finance Law.
Roll Call Vote
Supervisor Smith Aye
Councilman Valdati Aye
Councilman Bettina Aye
Councilman Ruggiero Aye
Councilman Paoloni Aye
Resolution thereupon declared duly adopted.
Prior to voting, COUNCILMAN VALDATI said the most difficult thing he
finds as being a representative of the people is to do his job, not for just now,
but to look at the big picture and do what is good for the future. Things like
rr
this make our community valuable, and makes Wappinger a desirable place
to live.
COUNCILMAN BETTINA added that as a life long resident of Chelsea he
understands change is inevitable, but he does believe people have the right to
preserve property. He believes that this property is a valuable piece of
property and thanked all the residents and media for coming out tonight to
air their thoughts.
COUNCILMAN RUGGIERO wished to thank all the residents of the Town of
Wappinger who came out tonight to express their support of the project. This
is one of the proudest moments of his seven years as a member of the Town
Board.
COUNCILMAN PAOLONI said this will preserve a historic site, and it also
makes it possible to adopt and centralize the river front theme some day.
More importantly it provides a main town park for seniors and teens with a
river view, and someday river access.
SUPERVISOR SMITH wished to thank all the residents who came out
tonight in support of the Greystone purchase.
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At this time Barbara Gutzler, County Legislature was recognized by the
Board. Ms. Gutzler wished to discuss the headline in the Southern Dutchess
News which claimed that the DMV would be closing its office in the Town of
Wappinger. She wished to inform the residents that the County Clerk made
no attempt to inform the Dutchess County Legislature of this action. Ms.
Gutzler wished to inform the audience that she does not support this.
Dutchess County Clerk Anderson was also recognized by the board and he
wished to defend his decision to moved the DMV department. Mr. Anderson
claimed all of the DMV offices were operating in the black, except the DMV
office in Wappinger. Wappinger has been operating in the red for a number
of years, largely due to the fact of high rent in the current location. He is
getting a lot of pressure from the Legislatures to maintain this office in the
black. That was the thrust for his inquiry into moving this office. Nothing
has been decided, he apologizes for the headlines in the Southern Dutchess
News. Its not his fault, that's what they reported.
At this time 8:35 p.m. Supervisor wished to call a 5 minute recess.
The board returned from recess at 8:50 p.m. with all board members present.
The first item on the agenda is an application for a Change of Zone from Tim
Hunt by JBR Construction c/o Jim Hunt for one lot on 1061 Route 367 from
R-40 to HB Highway Business.
COUNCILMAN VALDATI moved to forward the application to Dan Wery,
Town Planner, and the Town Planning Board for their revue and
recommendations
Seconded by Mr. Bettina
Motion Unanimously Carried
Correspondence from Tom L. Lewis, the Real Estate representative for
STEWARTS, requesting the Town to consider and Ordinance Amendment as
related to Gasoline Stations, w/petitions. Discussion followed
COUNCILMAN BETTINA moved to refer to Master Plan Committee
Seconded by Mr. Paoloni
Motion Unanimously Carried
Correspondence from Timothy Underwood DBA Robbies Deli, requesting to
have his deli included in the Sewage Improvement Area as a tenant.
COUNCILMAN VALDATI moved to authorize the Supervisor to send letter
requesting applicant to install a water meter to determine water usage first.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence from Mike Tremper of CAMO Pollution in regard to the
Sewer Lateral problems at 13 Dara Lane. Since her plumber snaked out her
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line, she has had no further problem. However, on May 3, CAMO TV'd the
sewer line to ensure there was no broken pipes under the road. Based on a
review of the TV inspection of the sewer lateral, there appears to be no
reason to excavate the sewer lateral or main for any further repairs.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
A resignation was receive from Ismay (Force) Czarnecki as a member of the
Board of Assessment Review.
COUNCILMAN BETTINA moved to accept the resignation and place it on
file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
A memo was received from the Receiver of Taxes, Trish Maupin, informing
the board that the Dutchess County OCIS is dropping support of Tax Office
Collection Software in 2001.
COUNCILMAN PAOLONI moved to accept the memo and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Town Justice Gloria Morse requests permission to attend Office of Court
Administrative Advanced Training Seminar to be held July 23rd to July 25th
at Pottsdam.
COUNCILMAN PAOLONI moved to authorize Judge Gloria Morse to attend
the Seminar to be held July 23rd to July 25th at Pottsdam and her legitimate
expenses be a town charge.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A request from Denise Bertolino for return of $200 due to the denial of a
variance from the Zoning Board of Appeals. Discussion followed.
COUNCILMAN RUGGIERO moved to refer to the Zoning Board of Appeals
for comments.
Seconded by Mr. Bettina
Motion Unanimously Carried
The Town Clerk was served with a Notice of Petition in the matter of
Imperial Improvements LLC vs the Town of Wappinger, Zoning Board of
Appeals, Planning Board and Martins Foods.
COUNCILMAN RUGGIERO moved to refer the above Notice of Petition to
Al Roberts, Attorney to the Town to defend.
Seconded by Mr. Paoloni
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Motion Unanimously Carried
Next are several requests from Ralph Holt, Chairman of Recreation.
The first request is to rebid the walkway at Reese Park. The formal bids for
the construction of the new walkway at Reese Park was to be opened on June
14, 2000 at 11:00 a.m. Since there were no bids received for the work, Mr.
Holt is requesting permission to rebid this project.
COUNCILMAN VALDATI moved to authorize Mr. Holt to rebid for the
construction of new walkway at Reese Park.
Seconded by Mr. Bettina
Motion Unanimously Carried
Recreation received a gift of $996.51 from a disbanded softball league that
played games at the Town Park at Castle Point. There is no restrictions on
the use of the gift. Therefore, Recreation requests permission to place two
aluminum benches at the Castle Point fields with a small brass tag place on
them recognizing this gift. The following bids were received:
U.S. Games In ground Aluminum 15' bench $444.70 ea. plus shipping.
Flaghouse In ground Coated Steel 8' bench $348.95 ea. plus shipping.
Game Time In ground Coated Steel 8' bench $254.00 ea. plus shipping.
Mr. Holt requests approval to purchase (2) benches from U.S. Games for
$447.70 ea.
COUNCILMAN VALDATI moved to authorize Recreation to purchase (2)
benches for Castle Point from U.S. Games G $447.70 ea.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The existing pavement at Schlathaus Park has been deteriorating for some
and is now approaching a dangerous situation. Recreation request
permission to use $28,000 of Parkland funds and proceed to go out to bid to
pave both driveway and the parking areas. We had included this in our
request for inclusion in the items we had hoped to get funded in the town's
bond plan. Mr. Holt requests permission to go out to bid for the paving of the
driveway and parking area of Schlathaus Park. Discussion followed
COUNCILMAN RUGGIERO moved to refer to Graham Foster, Highway
Superintendent to inspect with Mr. Holt and report back to the board
Seconded by Mr. Paoloni
Motion Unanimously Carried
At the April 24th meeting, the Town Board moved to authorize the posting of
signs for the Apprehension and Conviction of violators destroying Park
property as follows:
REWARD OF $500 FOR
INFORMATION LEADING TO THE
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APPREHENSION & CONVICTION OF
VIOLATORS REGARDING USE & DESTRUCTION
OF PARK PROPERTY BY MOTORIZED VEHICLES
By Order of T.O.W. Town Board
Recreation has received a price of approximately $100 per sign and estimates
that we will need about 12 signs. The Recreation Commission had not
planned for this item in the 2000 budget. Please advise.
COUNCILMAN VALDATI moved to approve $1,200 for the purchase of 12
signs as requested by Mr. Holt.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The Recreation Commission requests permission to obtain a P.O. payable to
Wappinger Central School District in the amount of $9,000 for bus
transportation for the children in the summer program and in the swim
program at Deer Hill. The funds are allocated under account B-7310.4.
COUNCILMAN PAOLONI moved to authorize a P.O. payable to Wappinger
Central School District in the amount of $9,000 for bus transportation for the
children in the summer program and in the swim program at Deer Hill.
Seconded by Mr. Bettina
Motion Unanimously Carried
The Recreation Commission requests permission to obtain a P.O. payable to
S. & S Arts and Crafts in the amount of $2,500 for the purchase of various
arts and craft supplies for the 6 summer playground locations. The funds for
this purchase are in Recreation Account B-7310.4.
COUNCILMAN PAOLONI moved to authorize a P.O. payable to S. & S Arts
and Crafts in the amount of $2,500 for the purchase of various arts and craft
supplies for the 6 summer playground locations.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The Recreation Commission requests permission to obtain a P.O. in the
amount of $850 payable to Southern Industrial Sand for the purchase of 25T
of clay for the fields at Robinson Lane. The rain this Spring has caused
havoc with the fields. Southern Industrial Sand is the Company that the
Town Board had approved at the March 24th Town Board Meeting for the
purchase of Clay. The funds for this purchase are in A-7110.4.
COUNCILMAN PAOLONI moved to authorize a P.O. in the amount of $850
payable to Southern Industrial Sand for the purchase of 25T of clay for the
fields at Robinson Lane.
Seconded by Mr. Bettina
Motion Unanimously Carried
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At the April 10th Town Board workshop, approval was given to purchase First
Aid Kits for each of the 6 playgrounds, with the funds coming from the "B"
fund balance. Recreation requests permission to obtain a P.O. in the amount
of $900 payable to U.S. Games to cover the purchase and shipping of 5 of
the kits. The prices are as follows:
U.S. Games $160.15 plus shipping
BSN $160.15 plus shipping
Flaghouse $169.95 plus shipping
COUNCILMAN PAOLONI moved to authorize a P.O. in the amount of
$900 payable to U.S. Games to cover the purchase and shipping of 5 of the
kits.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
At the April 10th Town Board workshop, approval was given to purchase mats
(3) for each of the 6 playgrounds, with the funds coming from the "B" fund
balance. Recreation requests permission to obtain a P.O. in the amount of
$3,213.80 payable to U.S. Games to cover the purchase and shipping of 18
mats. The prices are as follows:
U.S. Games $159.10 ea. plus shipping
BSN $159.10 ea. plus shipping
Flaghouse $266.34 ea. plus shipping
COUNCILMAN PAOLONI moved to authorize a P.O. in the amount of
$3,213.80 payable to U.S. Games to cover the purchase and shipping of 18
mats (3) for each of the 6 playgrounds.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The Recreation Commission request permission to obtain a P.O. in the
amount of $1,600 payable to Flags over America for the purchase of a
flagpole to be installed at Airport Park. The funds for this purchase are in
recreation account A-7110.2. The following are prices received for this
purchase.
Flagpole Shipping Total Price
The Flag Guys $1,555 $275 $1,825
Carrot Top Industries $2,150 $130 $2,280
Flags Over America $1,600 No Charge $1,600
COUNCILMAN PAOLONI moved to authorize a P.O. in the amount of
$1,600 payable to Flags over America for the purchase of a flagpole to be
installed at Airport Park.
Seconded by Mr. Ruggiero
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06/26/2000.RGM
Motion Unanimously Carried
Correspondence from Joe Ennesser, Building Commissioner Chairman with a
proposal to erect Sports Museum in the Town of Wappinger. Discussion
followed.
COUNCILMAN BETTINA moved to accept the correspondence and place it
on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Several memos were received from Graham Foster, Highway Superintendent.
The first is a list of rental rates for highway equipment for the year 2000.
COUNCILMAN VALDATI moved to accept the year 2000 rental rates for
highway equipment and place on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The Town of Fishkill Highway Department has requested our loaning them
our paver for this construction season. They will be responsible for any
maintenance and/or repairs required while they have the machine, and will
make it available to us if we need it. Discussion followed regarding liability.
COUNCILMAN PAOLONI moved to authorize the loan of the paver to the
Town of East Fishkill Highway Department with a inter -municipal
indemnity agreement prepared by Attorney to the Town, Al Roberts.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next is Mr. Fosters report on the Sabre Lane/Gabriella Road easement.
Several years ago, the Town accepted a drainage easement from the residents
of the above roads. Several times we have attempted to route the pipe in this
easement with marginal results. Once again, the pipe is not draining due to
the infiltration of roots from nearby trees and the poor condition of the pipe.
It will be necessary to replace this pipe during this construction season. This
project will require the removal of some of the trees in the easement. This
will affect some of the backyard privacy, but it cannot be helped. We will
make every effort to save as many trees as possible.
COUNCILMAN PAOLONI moved to accept the report and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Mr. Foster furnished the following revision of the Bid report for crushed stone
The bid for Item 4 of the report was awarded to Blacktop Maintenance in
error. They did not bid on this item. The figure was entered in the wrong
column. The award should go to Clove Excavators at $9.25 a ton
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06/26/2000.RGM
COUNCILMAN RUGGIERO moved to accept the revised Bid report for
crushed stone as presented by Mr. Foster and place it on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Next are several reports from Jay Paggi, Engineer to the Town.
The first report concerns the post closure monitory results for Castlepoint
Landfill. As a follow-up and subsequent discussions with Conrad Geoscience
the recent round of landfill gas monitoring did not indicate that methane is
escaping from beneath the landfill cap except through vent pipes as designed.
We agree that recreation activities should be moved to an area farther from
the vents until a more complete assessment of potential hazards can be
made. For those vents at which methane exceeded the lower explosive limit
(LEL), we recommend that further evaluation be completed by a safety
professional trained and equipped to determine whether a potential fire or
explosive hazard exist at those points given the proximity to foot traffic and
other activities. In the past, Mr. Paggi has contracted with firms such as
Field Safety Corp. to conduct such evaluations. Mr. Paggi has spoken with
Michael Ziskin of Field Safety Corp. and he is prepared to assist with the
Castle Point Landfill. Discussion followed.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
The next report concerns the Rockingham Wellfield. Mr. Paggi was
authorized to investigate the potential of doing the hydrogeological study for
the Rockingham Wellfield. He contacted Leggette, Brashears & Graham the
following day and met them on the field to discuss the same. They have
provided Mr. Paggi with a proposal for the towns review. It should be noted
that the prices quoted are for a Phase 1 hydrogeologic study and not for well
construction. Mr. Paggi recommends that the town retain Leggette,
Brashears & Graham to perform this study. This will allow the Town to
have a firm number for the normal and safe yield of the existing Rockingham
Wellfield. COUNCILMAN RUGGIERO wished to know if the board would
want to approach Mr. Domber to see if he would consider going back to his
second original proposal back to 24 units if we assume the construction of
those wells and we include that into whatever development we want to do.
Discussion followed.
COUNCILMAN RUGGIERO moved to authorize Engineer to the Town, Jay
Paggi, Attorney to the Town, Al Roberts, and Supervisor Smith to meet with
Mr. Domber to discuss the above proposal.
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Seconded by Mr. Valdati
06/26/2000.RGM
Motion Unanimously Carried
COUNCILMAN RUGGIERO moved to authorize Mr. Paggi to look into a
hydrogeolic study with LGB for up to $13,500 and report back to the board.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Paggi is in receipt of a letter from Frank Lucas of 4 Dana Place dated
May 22nd, 2000 regarding a driveway culvert on Lot No. 2 near the Wildwood
Subdivision. The condition has been noted by our office previously and
correspondence has been sent to the Building Department (letter dated May
17th 2000). Mr. Paggi is also sending a copy of this letter to Mr. Lucas
showing him that the culvert will be lowered prior to any issuance of
Certificate of Occupancy.
COUNCILMAN VALDATI moved to accept the correspondence and place it
on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
The next report concerns 77 Smith Crossing Road. As requested, a field
inspection was made with Mr. Foster in attendance. We reviewed existing
files, and it was stated that night, the town was in error initially. After
reviewing the files Mr. Paggi reported in his letter that there was no error on
the part of the town during the mid 80's. The plot plans showed that the
driveway culverts that were installed were at the same level as the roadway
culvert and that is what the towns issuance of a C.O was based on. Mr.
Paggi inspected the ditches four times over the last month. He tried to do it
the day after a rain storm and it seems within a day after the rain those
ditches dried up to nothing. It was decided that Mr. Foster would perform
routine maintenance on the culverts, ditchline, culvert discharges, etc. to
make sure everything is clean and running free, and would reassess if any of
the roadway culverts could be lowered to better drain the west side of the
road.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The last report concerns at #28, and #30 Smith Crossing Road, drainage. Mr.
G.E. Schappert wished to inform the board of the severe flooding problems
that occur after a good rain storm. A large 30 by 30 foot pond is formed when
it rains and can remain stagnate for some time. There is a high risk of
mosquito's breeding in the pond creating a health problem. He is requesting
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06/26/2000.RGM
the town's help. Mr. Paggi inspected the area and explained that the
elevation of that pond is the same elevation of the culvert under the railroad
bridge that was put in around 1900. The pond has been there for quite some
time. There is nothing the town can do.
COUNCILMAN VALDATI moved to authorize Mr. Paggi, to send a letter to
the petitioner with and explanation of his study.
Seconded by Mr. Bettina
Motion Unanimously Carried
At the April town board meeting Mr. Paggi was requested to determine what
the cost would be to reroute the sanitary sewer line from Roberts Road down
to Rosewood Court. His office has estimated that the cost to perform the
work at $116,000 ($22,800 for materials and $93,200 for labor). This
represents a total installed cost of approximately $140 per linear foot.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next is correspondence from Dominic Fornabaio of 99 Spook Hill Road in
regard to water problems. Mr. Fonabaio met with Mr. Paggi and was
informed that the builder was going to take care of the problem and redirect
the stream that was never on his property, but is now. Since the meeting a
tree has fallen into his yard. Mr. Paggi explained, that he contacted Mr.
Humeston, the developer, and he informed Mr. Paggi he would go in there
and remove the stump where the tree fell down, and repair the stone wall.
The developer has not been able to perform any work, because the back yard
is very wet, and he is waiting for it to dry out. Mr. Paggi spoke to the
developer last Friday morning and he thought he might be able to get in
there this weekend perform the work. Mr. Paggi will follow up with Mr.
Humeston and report back to the board when it is completed.
COUNCILMAN RUGGIERO moved to accept the correspondence and place it
on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The following are the results of the June 16th bids for excess highway
equipment.
1) 1973 Chevrolet Dump Truck - This vehicle was listed incorrectly in the
notice as a 1973 instead of 1967. There were 2 bids on this Truck
George Silvestri $150
Timothy A. Paraskeva $252
2) 1983 Chevrolet Pick-up
Tom Masch $372
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06/26/2000.RGM
Timothy Paraskeva $152
John Barry $350
3) 1988 Chevrolet Cavalier
Timothy Paraskeva
$35
4) Ton Roller
Dennis J. Craig
$511
George Silvestri
Timothy Paraskeva
$100
$252
5) Air Compressor
Dennis J. Craig
$411
George Silvestri
$225
Timothy Paraskeva
$102
Highway Superintendent, Graham Foster recommends all items be awarded
to the Highest bidders.
COUNCILMAN PAOLONI moved to award the bids for the above excess
highway equipment to all the highest bidders, upon the recommendation of
Graham Foster, Highway Superintendent.
Seconded by Mr. Bettina
Motion Unanimously Carried
The next item for the boards consideration is to accept the Utility and Water
easements for the Zammiello subdivision off All Angels Hill Road.
COUNCILMAN RUGGIERO moved to accept the Utility and Water
easements for the Zammiello subdivision off All Angels Hill Road.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is the Hudson River Greenway contract from the Town of Poughkeepsie
informing the Town that the Town of Poughkeepsie is Lead Agency.
COUNCILMAN VALDATI moved to accept the Hudson River Greenway
contract from the Town of Poughkeepsie as Lead Agency and place it on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is a request from Ronald and Dawn Bracchi for the return of $1,500
escrow for seeding.
COUNCILMAN VALDATI moved to authorize the return of escrow in the
amount of $1,500 to Ronald & Bracchi upon the recommendation of Building
Inspector, John Kruse
Seconded by Mr. Bettina
Motion Unanimously Carried
COMMITTEE REPORTS
COUNCILMAN PAOLONI had no reports at this time.
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06/26/2000.RGM
COUNCILMAN RUGGIERO had no reports at this time.
COUNCILMAN VALDATI announced that Grinnell is going to have an open
house on July 9th. .
COUNCILMAN BETTINA had no reports at this time.
SUPERVISOR SMITH had no reports at this time.
BONDS & LETTERS OF CREDIT
A report was submitted from the Zoning Administrators office for the month
of May 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 BETTINA moved to memorialize the County to keep the
Bureau of Motor Vehicles office in the Town of Wappinger and authorize
Supervisor Smith to send a letter to the County Clerk and County Executive
on behalf of the Town Board.
Seconded by Mr. Valdati.
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN RUGGIERO who
moved its adoption.
WHEREAS, there is a continuing awareness of the benefits of recreational
activities not only upon the physical well being, but also upon the quality of
life, and
WHEREAS, a unique opportunity exists to establish a premier recreational
Trail along the County right of way known as the Maybrook Corridor, and
WHEREAS, 2.38 plus miles of this corridor runs through the Town of
Wappinger and is extremely suitable for a Rail Trail, and
WHEREAS, there is an outpouring of public support for such a trail,
NOW THEREFORE, BE IT RESOLVED, that the Town of Wappinger
Town Board requests establishment of a Rail Trial be designated as a high
priority item by the County.
Seconded by Mr. Bettina
Roll Call Vote
Supervisor Smith
voting
aye
Councilman Valdati
voting
aye
Councilman Bettina
voting
aye
Councilman Ruggiero
voting
aye
Councilman Paoloni
voting
aye
Resolution Adopted
06/26/2000.RGM
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption and seconded by Mr. Bettina
RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO
ENTERING INTO AN AGREEMENT WITH THE COUNTY OF
DUTCHESS FOR THE PURPOSE OF UNDERTAKING A
COMMUNITY DEVELOPMENT PROGRAM PURSUANT TO TITLE I
OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974, AS AMENDED, AND THE HOME INVESTMENT
PARTNERSHIPS PROGRAM OF TITLE II OF THE NATIONAL
AFFORDABLE HOUSING ACT OF 1990
WHEREAS, the Secretary of Housing and Urban Development of the United
States is authorized, under Title I of the Housing and Community
Development Act of 1974, as amended, and the HOME Investment
Partnerships Program of Title II of the National Affordable Housing Act of
1990, to make grants to states and other units of general local government to
help finance Community Development Programs, and
WHEREAS, Section 99-h of the General Municipal Law of the State of New
York grants to any municipal corporation the power, either individually or
jointly with one or more other municipal corporations, to apply for, accept
and expend funds made available by the Federal government, either directly
or through the state, pursuant to the provisions of any Federal law which is
not inconsistent with the statutes or constitution of this State, in order to
administer, conduct or participate with the Federal government in programs
relating to the general welfare of the inhabitants of such municipal
corporation, and
WHEREAS, Title I of the Housing and Community Development Act of 1974,
as amended, and the HOME Investment Partnerships Program of Title II of
the National Affordable Housing Act of 1990, and any "Eligible Activities"
thereunder are not inconsistent with the statutes or constitution of the State,
and
WHEREAS, a number of municipalities have requested Dutchess County's
participation, and the County of Dutchess has determined that it is desirable
and in the public interest that it make application for Community
Development Block Grant funds as an Urban County, and
WHEREAS, participation by the County of Dutchess as an Urban County in
the Community Development Program requires that the Municipality of the
TOWN OF WAPPINGER, and the County of Dutchess cooperate in
undertaking, and assist in undertaking, essential community development
and housing activities, specifically those activities authorized by statutes
enacted pursuant to Article 9 and 17 of the New York Constitution, and
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06/26/2000.RGM
WHEREAS, the Board deems it to be in the public interest for the
Municipality of the TOWN OF WAPPINGER to enter into a Cooperation
Agreement with the County of Dutchess for the aforesaid purposes, now,
therefore, be it
RESOLVED that the SUPERVISOR be and hereby is authorized to execute
a Cooperation Agreement attached hereto for the three year period 2001,
2002 and 2003 between the Municipality of the TOWN OF WAPPINGER
and the County of Dutchess for the purposes of undertaking a Community
Development Program pursuant to Title I of the Housing and Community
Development Act of 1974, as amended, and the HOME Investment
Partnerships Program of Title II of the National Affordable Housing Act of
1990.
ROLL CALL VOTE
Supervisor Smith Aye
Councilman Valdati Aye
Councilman Bettina Aye
Councilman Ruggiero Aye
Councilman Paoloni Aye
Resolution Adopted
Next is to set the Escrow for City of Poughkeepsie/Town of Wappinger water
expenses for a feasibility study.
COUNCILMAN VALDATI moved to authorize the Town of Wappinger to set
up an escrow account in the amount of $15,000 for City of
Poughkeepsie/Town of Wappinger water expenses feasibility study.
Seconded by Mr. Bettina
Roll Call Vote vote
Councilman Valdati Aye
Councilman Bettina Aye
Councilman Ruggiero Nay
Councilman Paoloni Nay
Supervisor Smith Aye
Motion Carried
Prior to the vote, Mr. Ruggiero explained that his vote not be interpreted
against the Town of Wappinger or its residents. He has worked very hard in
order to get water in the town. His concerns are the safety of the Hudson
River water. He has done much research on this issue. The EPA has only
done environmental studies in regards to eating the fish. He EPA has not
done a study yet to determine the long term effects of drinking water from
20
06/26/2000.RGM
the Hudson River on humans. Mr. Paoloni also felt that there were health
concerns on the safety of Hudson River water, even though its processed.
It has come to the attention of the Assessors Office that a clerical occurred in
21
processing RP -554 application for corrected tax bill. This office is asking the
Town Board to waive any penalty fee of $100.16 for Linda Martin of 67
Sherwood Heights, property ID 6258-04-864138. It appears that the
did to the in time to for a
application not get county real property process
corrected tax bill, therefore, Dutchess County Real Property has instructed
this office to have Linda Martin pay her property tax bill as is, with waived
penalty fee's and then a refund of taxes can be applied for, RP -556. Linda
Martin is entitled to Veterans exemptions for serve, combat and disability,
which have been processed for the 2000 tax roll.
COUNCILMAN VALDATI moved to wave the penalty fee in the amount of
$100.16 for the clerical error for Veterans exemption for Linda Martin, 67
Sherwood Heights as requested by Assessor, Linda Tasadfoy.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Next is to accept the Planning Service Agreement with Frederick P. Clark
Associates for the year 2000 and authorize the Supervisor sign.
COUNCILMAN VALDATI moved to accept the Planning Service Agreement
iw..
with Frederick P. Clark Associates for the year 2000 and authorize the
Supervisor sign.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
UNFINISHED BUSINESS
COUNCILMAN PAOLONI. At the last workshop we discussed a
recommendation to the Planning Board to remove an access road off a Pye
Lane subdivision. The side road was put in for purpose of fire and traffic flow
throughout that subdivision. Mr. Paoloni has been to a number of Planning
Board meeting regarding the proposed 263 single family homes in
Cranberry, and yet there is no access road to Myers Corners Road.
Discussion followed.
COUNCILMAN RUGGIERO moved to meet with the Planning Board, Town
Planner and Engineer to the Town to discuss Mr. Paoloni's proposal for a
third access to Cranberry, via Myers Corner Road to alleviate any potential
problems.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
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06/26/2000.RGM
NEW BUSINESS
COUNCILMAN BETTINA with some concerns from Mr. & Mrs. Sheppard
over their assessment. Mr. Bettina is requesting the assessor to look into
this. The Assessor explained that Mrs. Sheppard did come in and the
improvements that she mentioned were removed from the property, which
reduced the assessment by $12,000. The reason the assessment went up was
because there was an apartment added in the garage that was finished off
and that's part of the reason for increase in assessment. Discussion followed.
Supervisor Smith said she would set up an appointment for the Sheppards to
come in to meet with the Assessor, Mr. Bettina, Tax Attorney, Emanuel Saris
and herself to look into this.
COUNCILMAN RUGGIERO explained that Farms End Road is experiencing
a lot of vandalism, and he wants the town patrol to patrol the area.
There was no other business to come before the Board.
COUNCILMAN BETTINA moved to close the Town Board meeting seconded
by Mr. Valdati and unanimously carried.
The meeting adjourned at 10:16 p.m.
Elaine H. Snowden
Town Clerk
22