Loading...
1999-04-12 RGMTOWN OF WAPPINGER CONSTANCE O. SMITH SUPERVISOR TELEPHONE: (914) 297.2744 FAX: (914) 297.4558 April 7, 1999 MEMO TO: Town Board SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 Attorney to Town Engineer to Town Assessor Recreation Media FROM: Constance O. Smith RE: WORKSHOP AGENDA MONDAY, APRIL 12, 1999 7:30 PM 7:30 PM Pace vs Town of Wappinger & Just Exteriors 7:40 PM Piqwon Application 7:50 PM Lehigh Proposal 8:00 PM Assessor's Computer Request Assessor's Outside Assessment Request Veteran's & Sr. Exemptions 8:20 PM Lyme Disease Shot Update 8:30 PM Maintenance Bonds/Letters of Credit 9:00 PM Recreation: Addis Complaint Policy for recognition of deceased contributors to recreation Recreation Pees/Interim Plot Plan Executive Session (Little League) 9:30 PM Shamrock Subdivision (Previous town bd. Appearances 5/23/98 -7/27/98-8/24/98-11/23/98-12/14/98-1/11/99-3/8/99- 3/22/99) 04/12/99.WS The Workshop Meeting of the Town of Wappinger was held on April 12, 1999, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the meeting at 7:35 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: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent Supervisor Smith announced that the Town of Wappinger was authorized by Audit and Control to proceed with the Phase 3A. The following Resolution was offered by COUNCILMAN RUGGIERO who moved its adoption, and seconded by Mr. Valdati A RESOLUTION AUTHORIZING THE ISSUANCE OF $9,970,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF SEWER IMPROVEMENT FOR TOWN OF WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA NO. 3A OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-c of the Town Law, and more particularly an order dated January 15, 1999 and the approval of the Comptroller of the State of New York on April 6, 1999, the Town Board of the Town of Wappinger, Dutchess County, New York, has established the Town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A; and WHEREAS, it is now desired to authorize the issuance of $9,970,000 serial bonds of said Town to pay the cost of a sewer improvement for said Area; and WHEREAS, the capital project hereinafter described, as proposed, has 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 it has been determined will not have any significant effects on the environment; and WHEREAS, it is now desired to provide funding for such sewer improvement; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1 04/12/99.WS Section 1. For Class of objects or purposes of paying the cost of the construction of sewer improvements, consisting of additions to the Tri - Municipal Treatment plant and construction of a pump station and generator as well as collector, transmission and force maine, including original furnishings, equipment, machinery, apparatus, appurtenances, land or rights -in land and incidental improvements and expenses in connection therewith, to serve a benefited area in said Town, to be known as Town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A, at a maximum estimated cost of $9,970,000, there are hereby authorized to be issued $9,970,000 serial bonds of said Town pursuant to the Provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said class of objects or purposes is by the issuance of the $9,970,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years pursuant to subdivision 4 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. 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 the manual of facsimile signature of its Supervisor, and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attached by the manual or facsimile signature of its Town. Section 6. 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, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State M 04/12/99.WS Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchase of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. 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 matter 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 (an 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, 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 recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine Section 8. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms, for and contents as may be prescribed by said Town consistent with the provisions of the Local Finance Law. Section 9. The Supervisor is hereby further authorized, at her sole discretion, to execute an application, a project financing agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a serial bond or note issue of said Town in the event of the sale of the same to the New York State Environmental Facilities Corporation. 3 04/12/99.WS Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resort to further action of this Town Board. Section 11. The faith and credit of said Town of Wappinger Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due There be the and payable. shall annually apportioned and assessed upon several lots and parcels of land within said Town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A which the Town Board shall determine and specify to be especially benefited by the improvements, and amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of advalorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 12. 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 publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 13. This resolution shall constitute a statement of official intent for purposes of Treasury Regulation Section 1.150-2. Other than 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 14. This resolution which takes effect immediately shall be published in full in the Southern Dutchess News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye 4 , � T- 04/12/99.WS Vincent Bettina, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The resolution was thereupon declared duly adopted. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mr. Bettina. RESOLUTION AUTHORIZING CWSRF APPLICATION AND PROJECT FINANCING AND LOAN AGREEMENT Resolution authorizing the execution and filing of an application and execution and delivery of a Project Financing and Loan Agreement and other documents necessary for CWSRF assistance. WHEREAS, the Town of Wappinger, Dutchess County, New York herein call the "Borrower", after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A and identified as CWSRF Project Number 530603, herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987 (as such may be amended from time to time, the "Water Quality Act") requires each State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and WHEREAS, the state of New York has, pursuant to the State Water Pollution Control Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as amended (the "CWSRF Act") established in the custody of the New York State Environmental Facilities corporation (the "Corporation") a water pollution control revolving fund (the "Fund") to be used for purposes of the Water Quality Act; and WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the CWSRF Act; and 5 04/12/99.WS WHEREAS, the CWSRF Act authorized the establishment of a program for financial assistance for planning, design and construction of eligible projects; NOW THEREFORE, BE IT RESOLVED BY Town Board, Town of Wappinger as follows: 1. The filing of an application for CWSFR assistance in the form required by the Corporation in conformity with CWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person, as chief fiscal officer, is directed and authorized as the official representative of the Borrower to execute and deliver an application for CWSRF assistance, to execute and deliver the Project Financing and Loan Agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Borrower as may be required: Constance O. Smith Supervisor of the Town of Wappinger 3. The official designated above is authorized to make application for financial assistance under the CWSRF Program for either short-term financing or both. 4. One (1) certified copy of this Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 50 Wolf Road, Room 508, Albany, New York 12205-2603. 5. This Resolution shall take effect immediately. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Motion Unanimously Carried 0 9 04/12/99.WS Supervisor Smith went over the three (3) ten year options that were available for the purchase of equipment for the Highway Department. Discussion followed. COUNCILMAN BETTINA moved to authorize Mr. Foster, Highway Superintendent, to go to bid for Highway Equipment for 1999, with the stipulation that that the board has the right to reject all bids. Seconded by Mr. Ruggiero Motion Unanimously Carried Supervisor Smith received the new certified list for the position of Zoning Administrator, and the same people are on the list. Mr. Bettina informed the board that there is another list called Zoning Administrator/Building Inspector, and suggested looking at this list also. Supervisor Smith concurred. SUPERVISOR SMITH attended several Tri -Muni Meetings, and was informed that we have a lot of Infiltration and Inflow in our lines and are spending extra money because the flows are elevated. She checked with Jim Sedore, and we have $951,261.49 left in Phase 1 & 2. Since we have to do the I & I work, perhaps we should authorize the Attorney or Engineer to amend our application to the State Revolving Fund and use these funds to perform the Infiltration & Inflow work. Discussion followed, this issue will be taken up at the May workshop. No action taken at this time. The next item on the agenda is to authorize Al Roberts, to represent the town in an article 78, Pace vs the Town of Wappinger & Just Exteriors. Mr. Roberts gave a brief background and said it involves the HB office site. The gentlemen who stores supplies on site wished to purchase it and use it as an office center to conduct his administrative offices. It came before the Planning Board after a determination by the Zoning Administrator that the use would be permitted. It was passed to the Planning Board for their comments, and the planning board said it was an appropriate use, and the neighbors (Pace's) have objected. Discussion followed. COUNCILMAN PAOLONI moved to authorize Attorney to the Town, Al Roberts, represent the Town of Wappinger in the Article 78, Pace vs the Town of Wappingers & Just Exteriors. Seconded by Mr. Valdati Motion Unanimously Carried Next is the PIQWON Application. Supervisor Smith introduced Mr. O'Rourke, attorney representing PIQWON. He is requesting the Town 7 04/12/99.WS Board to approve a Special Use Permit for his client. Supervisor Smith said she had from the applicant, an application fee for the Special Use Permit, a certified check for an amended site plan application and a certified check to go into escrow. Discussion followed. COUNCILMAN BETTINA moved to authorize the Supervisor to refer the application to the Planning Board and Town Planner for review and recommendations, and then meet with the Town Board for further discussion. Seconded by Mr. Valdati Motion Unanimously Carried Next is a proposal from Lehigh Lawns and Landscaping for the maintenance of the Town Hall, the Emergency Services Building, Fieldstone, and Wildwood. Discussion followed. COUNCILMAN VALDATI moved to place the landscaping and lawn maintenance for the Town of Wappinger out to bid. Seconded by Mr. Ruggiero Motion Unanimously Carried A request from Assessor, Linda Tasadfoy, for an additional computer for the Assessors office. Discussion followed, no action taken, tabled. A request from Assessor, Linda Tasadfoy to hire Don McGrath as an outside consultant to appraise the Guardian Self Storage Units for the current assessed value for the 1999 assessment rolls. Discussion followed. COUNCILMAN RUGGIERO moved to authorize Don McGrath as a consultant to assist Linda Tasadfoy in the proper assessment of all Redl properties in question. Seconded by Mr. Paoloni Motion Unanimously Carried Assessor, Linda Tasadfoy, also wished to discuss the Veterans and Senior Citizen Exemptions. She went on to explain that they are not really getting the full amount. We are not assessed at 100% of market. We are only assessed at 71% to 75% of market. When the Veterans Exemption is applied, they take 71% of the full exemption and come up with $8,000 or $9,000. We are not at 100%, so the Veterans are only going to get a portion of the exemption. The only way to adjust the exemption is to re -value. No action taken at this time. The next item for the boards consideration is to increase the Senior Citizens Exemption. COUNCILMAN VALDATI moved to authorize the Attorney to the Town, Al Roberts prepare the necessary papers for the Public Hearing. Seconded by Mr. Ruggiero : 04/12/99.WS Motion Unanimously Carried At the last meeting, the town board moved to authorize all department heads to allow anyone they feel would be exposed to ticks in their line of duty, be inoculated if they so wished. Supervisor Smith was also authorized to obtain information regarding the cost. Supervisor Smith informed the board that MVP pays for the shots, given by their own doctor, but there is still a co -pay charge. There would be 3 shots for each employee and the cost would run $45 for each employee. For employees not covered under MVP and insurance does not cover, would cost $190 at Medicus. The cost for the employees to receive the vaccine would be between $2,000 and $2,500. Discussion followed. COUNCILMAN VALDATI moved to authorize Supervisor Smith and Al Roberts, Attorney to the Town to prepare the necessary papers in order to initiate the program. Seconded by Mr. Paoloni Motion Unanimously Carried The next item on the agenda is Maintenance Bonds vs Letters of Credit. Supervisor Smith introduced Mary Brinckerhoff who is quite knowledgeable on this subject, explain them to the board. Mr. Roberts also went on to explain, that the Town Board has the option under present law, to accept anyone of the enumerating forms of security now authorized. One is Surety Bonds. The actual type of security is determined by the Town Board. Discussion followed with input from local contractors, Frank Buyakowski, and Nick De Luccia. COUNCILMAN BETTINA moved to authorize Surety Bonds as an accepted practice in the Town of Wappinger, and in the event that a contractor, applicant, sub -divider, or developer cannot post a Surety Bond in lieu of that, a Letter of Credit, and/or cash, be accepted to protect the town for the improvements that are needed, and the Surety Company be listed on the Federal Treasury Registry. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize Supervisor Smith to notify developers who have a Letter of Credit up to a year old, the ability to convert to a Surety Bond, if they satisfy the requirements. Seconded by Mr. Ruggiero Motion Unanimously Carried Ralph Holt, Recreation Chairman to discuss the clearing of land adjacent to the Addis home, in order to allow trucks into the area for construction of a 4 04/12/99.WS park. Mr. & Mrs. Addis feel they have lost a lot of privacy since the land was cleared. Mr. Holt went over a list of items that have taken place on this property so far, and what they intend to do inside the park in terms of recreation area. At the beginning of this year, recreation received permission to go to bid for construction of commercial access into the park from Old Hopewell Road. Mr. Holt informed the board that they only removed brush and dead trees from the land. He submitted some pictures to the board as to where the clearing was performed in relationship to the Addis home. He stated that 4 dump loads of junk was also removed from the property. He does not know when the Addis's purchased the home, but the Town has been involved in this since 1991. At the time it was just going to be a small park, but as we received more land, we saw that as a possible replacement for the Hughsonville Fire House. That is why it has grown to a point where we expect this to become a full time park. The Addis's have requested the Town to plant hedges and put up a privacy fence. Discussion followed. COUNCILMAN VALDATI moved to allow Recreation to plant some trees for privacy. Seconded by Mr. Paoloni Motion Unanimously Carried Next is a request from Mr. Holt for recognition of deceased contributors to the Town of Wappinger Recreation. At this time, Steve Miller who is a member of the Recreation Committee was recognized by the board. Mr. Miller explained that several young men that were part of the little league program have passed away. He proposed that fields be named for one year for some one who was engaged in any program in the Town of Wappinger, and went over a list of criteria for the permanent naming of a field, park, playground or recreation site. Discussion followed, no action taken, tabled. Next are Recreation fees. Mr. Holt went on to explain the charges for children to attend the summer programs in the area. Fishkill charges $125 for the summer, East Fishkill charges $125 for the family, and Hyde Park charges $80 per week for residents and $110 for non-residents. The Town of Wappinger only charges $15 per child, and $10 for each additional child. Mr. Holt recommended the fee be raised from $15 to $30 for the first child, and from $10 to $20 for each additional child, and the T shirts given free to each child. Discussion followed. SUPERVISOR SMITH moved to accept Mr. Holt's proposal to raise the fee for the summer program to $30 for the first child and $20 for each additional child. Seconded by Mr. Valdati 10 04/12/99.WS Roll Call Vote Supervisor Smith voting aye Councilman Valdati voting aye Councilman Bettina voting aye Councilman Ruggiero voting nay Councilman Paoloni voting aye Motion Carried COUNCILMAN PAOLONI made a motion, that the funds collected stay within the summer program. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is the interim Plot Plan with input from Engineer to the Town Jay Paggi, and Craig O'Donnell. COUNCILMAN RUGGIERO moved to authorize Attorney to the Town, Al Roberts to draft a procedure in accordance with the Building Inspector and the Engineer to the Town, Jay Paggi, for a Plot Plan interim. Seconded by Mr. Valdati Motion Unanimously Carried Next is are building fees. Discussion followed, with no action was taken, tabled. At this time, 10:25 p.m., COUNCILMAN RUGGIERO moved to go into Executive Session to discuss Little League with Ralph Holt, Chairman of Recreation. Seconded by Mr. Bettina Motion Unanimously Carried The meeting reconvened at 10:45 p.m. with all board members present. The last item on the agenda is the Shamrock Subdivision. Supervisor Smith suggested the board vote to let the Shamrock Subdivision out of the water district as one of the options. Discussion followed. No action taken at this time. COUNCILMAN RUGGIERO moved to close the meeting, seconded by Mr. Paoloni, and unanimously carried. The meeting adjourned at 10:50 p.m. Ct,A.Q�_ Elaine H. Snowden Town Clerk 11 0Y