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1997-05-29 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 29, 1997 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. Accept Minutes 4. REPORTS OF OFFICERS Sup/Compt. Town Justices Receiver of Taxes Bldg. Insp. Zoning Adm. H. Supt. Dog Control Officer 5. PETITIONS & COMMUNICATIONS q• r. S. t. Patrick Moore, Esq., representing Mid Hudson Christian Church: RE: Sale of 5 Acre Parcel on Brown & All Angels Hill Rds W. Replansky, Esq. Representing "Lots Aplenty" re: Obtaining a Bldg. Permit George & Sofia Petrakis, Hamlet Ct. re: Water & Sewer Penalty Edward Wisniewski Re; Business in Residental Area Mid Hudson Bicyle Club re: Support of Advocacy Positions Thos. Brickner, Chelsea Fire Dist. re: Secretary for T/W Fire Prevention Bureau Susan Eid re: Change of Corporate Name of Cablevision Notification of Intent to apply for liquor license Class Change by Niedra Inc. (Old Fox & Hound restaurant) Debra Brown, Water/Sewer Billing, re: request to purchase "Smart Guns" for remote meter reading. Application for Hawkers & Peddlers License by John & Marie Talaska, Edgehill Drive. Requests for return of Escrow from: (1) Cynthis Schunzel/Greer Toyota $2,705. (2) Craig O'Donnell for Lot #8, Lee Knolls Sect. 2, $1,500 Ralph Holt, Ch. REc. Comm. request for P.O.'s for: (1) 2 PO's for. Deer Hill Conference Center @ $3,750 each (2) S & S.Arts & Craf s for $2,800 (3) W.C. School Dist for transportation charges $7,000 Graham foster, H. Supt. Corr: (1) Report on cost for Bldg. Dept. Radios (2) letter from Mr. & Mrs. Mayer Michael Trempter, CAMO, Corr. re: (1) Notice of Claim re: Backup at 3 Russet lane (4/15/97) (2) Water hookup at #15 &#33 Brothers Rd. (4/28/97) (3) Water trucking -Fleetwood (5/1/97) (4) Collapsed Sewer Line All Angels Hill Rd. (5/15/97�_Ardmore Water/Sewer Hookup ,6 David & Patti Axelby re: Storm generated Brush removal J. Paggi, P.E., Eng to Twn. Reports: (1) 3 Memos re: Wapp. ST/T Imp. Area Phase 3A (4/30/97) Quartararo (4/30/97) (5/1/97) (2) Rockingham/Angelbrook Drainage (5/1/97) (5/13/97) (5/14/97) Kozlowski - Martz - Caixeiro. (3) Wappinger court Bldg. (4/28/97) (4) Kablaoui Property (5/12/97) (5) Reconstruction of Myers Corner Rd. (5/16/97) (6) Volvo - Down Stream Drainage Fees (5/19/97) Edward Rose, Airport Director, Request to waive Fees (LL#10-75) Betsy Brockway, STOP -DWI Coordinator: Authorize Supervisor to Sign Letter of Agreement C. Ricotta, Bldg. Insp. requests permission to attend AIA/NYSBOC Accessibility Seminar June 18, 1997 Anthony Capone recommended by Hughsonville Fire Dist. to replace P. Put 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zoning Administrator Report 8. RESOLUTIONS Bids for Castle Point Landfill Project 9. UNFINISHED BUSINESS a. J. Paggi, Eng. to Twn., re: Clean Water/Clean Air Bond act. b. Bids for Highway equipment C. Ann Buckley, Compt. Financial Report d. Jay Paggi re: Well Drilling Atlas Water-Leggette/Brashears & Graham, 10. NEW BUSINESS ll. ADJOURNMENT in a. b. c. d. e. f. 9. h. ., i. i j• k. I 1. M. n. o. P. q• r. S. t. Patrick Moore, Esq., representing Mid Hudson Christian Church: RE: Sale of 5 Acre Parcel on Brown & All Angels Hill Rds W. Replansky, Esq. Representing "Lots Aplenty" re: Obtaining a Bldg. Permit George & Sofia Petrakis, Hamlet Ct. re: Water & Sewer Penalty Edward Wisniewski Re; Business in Residental Area Mid Hudson Bicyle Club re: Support of Advocacy Positions Thos. Brickner, Chelsea Fire Dist. re: Secretary for T/W Fire Prevention Bureau Susan Eid re: Change of Corporate Name of Cablevision Notification of Intent to apply for liquor license Class Change by Niedra Inc. (Old Fox & Hound restaurant) Debra Brown, Water/Sewer Billing, re: request to purchase "Smart Guns" for remote meter reading. Application for Hawkers & Peddlers License by John & Marie Talaska, Edgehill Drive. Requests for return of Escrow from: (1) Cynthis Schunzel/Greer Toyota $2,705. (2) Craig O'Donnell for Lot #8, Lee Knolls Sect. 2, $1,500 Ralph Holt, Ch. REc. Comm. request for P.O.'s for: (1) 2 PO's for. Deer Hill Conference Center @ $3,750 each (2) S & S.Arts & Craf s for $2,800 (3) W.C. School Dist for transportation charges $7,000 Graham foster, H. Supt. Corr: (1) Report on cost for Bldg. Dept. Radios (2) letter from Mr. & Mrs. Mayer Michael Trempter, CAMO, Corr. re: (1) Notice of Claim re: Backup at 3 Russet lane (4/15/97) (2) Water hookup at #15 &#33 Brothers Rd. (4/28/97) (3) Water trucking -Fleetwood (5/1/97) (4) Collapsed Sewer Line All Angels Hill Rd. (5/15/97�_Ardmore Water/Sewer Hookup ,6 David & Patti Axelby re: Storm generated Brush removal J. Paggi, P.E., Eng to Twn. Reports: (1) 3 Memos re: Wapp. ST/T Imp. Area Phase 3A (4/30/97) Quartararo (4/30/97) (5/1/97) (2) Rockingham/Angelbrook Drainage (5/1/97) (5/13/97) (5/14/97) Kozlowski - Martz - Caixeiro. (3) Wappinger court Bldg. (4/28/97) (4) Kablaoui Property (5/12/97) (5) Reconstruction of Myers Corner Rd. (5/16/97) (6) Volvo - Down Stream Drainage Fees (5/19/97) Edward Rose, Airport Director, Request to waive Fees (LL#10-75) Betsy Brockway, STOP -DWI Coordinator: Authorize Supervisor to Sign Letter of Agreement C. Ricotta, Bldg. Insp. requests permission to attend AIA/NYSBOC Accessibility Seminar June 18, 1997 Anthony Capone recommended by Hughsonville Fire Dist. to replace P. Put 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zoning Administrator Report 8. RESOLUTIONS Bids for Castle Point Landfill Project 9. UNFINISHED BUSINESS a. J. Paggi, Eng. to Twn., re: Clean Water/Clean Air Bond act. b. Bids for Highway equipment C. Ann Buckley, Compt. Financial Report d. Jay Paggi re: Well Drilling Atlas Water-Leggette/Brashears & Graham, 10. NEW BUSINESS ll. ADJOURNMENT in 052997.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on May 29, 1997 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith Called the meeting to order at 7:30 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of allegiance to the Flag. MINUTES The Minutes of the Meeting of April 14,1997, and Meeting of April 28, 1997, having previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILWOMAN VISCONTI moved that the above stated Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Bettina Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of April were received from the Town Justices, Supervisor/Comptroller, Building Inspector, Zoning Administrator, Highway Superintendent, Receiver of Taxes, and Dog Control Officer. COUNCILWOMAN VISCONTI moved to accept the reports and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried Mr. Valdati questioned Mr. Close in regard the property across the street from Greer Toyota. There are many cars parked there. Attorney to the Town, Al Roberts when on to explain that under the old ordinance there was a provision for temporary seasonal permit the former Zoning Administrator had issued to Greer Toyota, and they assumed that this could continue. Under the new zoning revisions, temporary permits are longer applicable to anything other than a farm or clothing related business. Mr. Valdati advised Mr. Close to issue letters requesting they come in and speak before the Planning Board. 1 052997.RGM PETITIONS & COMMUNICATIONS Correspondence from Patrick F. Moore, Attorney -at -Law, representing the Mid -Hudson Christian Church, an entity that owns property at the Brown Road and All Angels Hill Road intersection. This is an approximate 5 acre parcel which his client is desirous of selling for residential subdivision purposes. His client has been approached by a builder to purchase the property, a contingency being, the installation of municipal sewer and water. Mr. Moore has been advised by Mr. Roberts, Attorney to the Town that this property is within the area to be improved by the Tri -Municipal Sewer. Mr. Moore would like some indication as to when this will occur. COUNCILWOMAN VISCONTI moved to authorize Attorney to the Town Al Roberts construct a letter to Mr. Moore explaining that we are now in the process of studying water and sewer for that area along with the Town wide combined water, and cannot give him a definite date. Seconded by Mr. Ruggiero Motion Unanimously Carried Warren Replansky, Attorney -at -Law, representing Lots Aplenty, which owns a parcel of land within a subdivision off Orchard Drive in the Town of Wappinger. In 1989 an issue arose concerning his client's ability to obtain a Building Permit for this property because of the sewage moratorium. After much discussions and negotiations with officials of the Town, an accord was reached concerning this property. It is his understanding that the moratorium has now been lifted, and was advised that a building permit for the property could be applied for and issued. When he applied for a Building Permit, Mr. Close, not aware of the prior history refused. At this time Mr. Roberts, Attorney to the Town gave a brief narrative of the subdivision. Mr. Close was not aware of the prior history. After meeting with Mr. Replansky, Mr. Roberts agrees, that the property is a non -conforming lot and the failure of the lot to meet the area requirements of the current Zoning Laws should not act as a bar to the granting of a building permit. Mr. Roberts informed Mr. Replansky that his client would have to apply for a variance, and they are entitled to a Building Permit, sewer/water connection, and must apply to the Zoning Board of Appeals for set back variances. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried A request from George and Sofia Petrakis to waive the 10% penalty that was imposed on their Water/Sewer payment for being late. They had asked a 2 052997.RGM friend to drop the payment off that day, but it was delivered after the close of business. As a result a penalty was imposed. COUNCILMAN VALDATI moved to accept and place on file, and authorize Supervisor Smith to notify residents that the penalty will stand. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence, with photos, from Edward Wisniewski, 64 Kent Road, of an illegal Business being conducted at 62 Kent Road. COUNCILWOMAN VISCONTI moved to discuss this issue tonight at an Executive Session. Seconded by Mr. Bettina Motion Unanimously Carried A report from the Mid -Hudson Bicycle Club with a list of several major advocacy issues designated by their Board of Directors and a request for the Highway Superintendents support. COUNCILWOMAN VISCONTI moved to forward the report to Mr. Foster, Highway Superintendent, to address. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Thomas Brickner, Chairman of Chelsea Fire District in regard to the appointment of a secretary for the Fire Prevention Bureau. COUNCILMAN BETTINA moved to approve the appointment of Maureen Helgar as secretary to the Fire Prevention Bureau at a salary of $7.50 per hour. Seconded by Mrs. Visconti Motion Unanimously Carried Notification from Susan M. Eid, Vice President, Corporate Council, announcing that in a few weeks Continental Cablevision will be announcing a new Corporate name to Media One. Supervisor Smith announced that they will be raising their rates quite a bit and service will remain the same. COUNCILWOMAN VISCONTI moved to accept the name change to Media One, and authorize Attorney to the Town Al Roberts to review the contract. Seconded by Mr. Bettina Motion Unanimously Carried Notification of Intent to apply for a Liquor License Class change was received by Niedra, Inc. ( Old Fox & Hound Restaurant). COUNCILWOMAN VISCONTI moved to accept the notification of intent to apply for a Liquor License Class change from Restaurant/Wine (including beer) to On -Premises Liquor, from Niedra, Inc., and place it on file without comment. 3 052997.RGM Seconded by Mr. Bettina Motion Unanimously Carried A request from Debra Brown, Water/Sewer, for permission to purchase two (2) "Smart Guns from Sensus Technologies (sole source) at $668.30 each for use in reading outside remote water meters. The funds to come out of account 8310AWC Administration. COUNCILWOMAN VISCONTI moved to authorize the purchase of two (2) "Smart Guns from Sensus Technologies as requested by Debbie Brown, at a total cost of $1,336, the funds to come out of account 8310AWC Administration. Seconded by Mr. Valdati Motion Unanimously Carried An application for a Hawkers and Peddlers license was received from John and Marie Talaska, Edgehill Drive. COUNCILMAN BETTINA moved to approve the application for a Hawkers and Peddlers license from John and Marie Talaska Seconded by Mrs. Visconti Motion Unanimously Carried Requests for the return of Escrow were received from Cynthia Schunzel, Greer Toyota for $2,705.25 and Craig O'Donnell for Lot #8 Lee Knolls, Section 2, for $1,500. COUNCILMAN VALDATI moved to authorize the return of the above escrow funds, based on the recommendation of Don Close, Zoning Administrator, and Charlie Ricotta, Building Inspector Seconded by Mr. Bettina Motion Unanimously Carried The following Purchase Orders were submitted by Ralph Holt, Chairman of Recreation. (1) two (2) P.O.'s in the amount of $3,750 each, payable to Deer Hill Conference Center for the use of their pool facilities for the 1997 summer swim program. These funds are allocated in the B-7310.4 Account. COUNCILWOMAN VISCONTI moved to approve the two P.O.s in the amount of $3,750 each payable to Deer Hill Conference Center for the use of their pool facilities for 1997 as request by Mr. Holt. Seconded by Mr. Bettina Motion Unanimously Carried The second P. O. in the amount of $2,800 payable to S&S Arts and Crafts who deal in bulk items for the summer playgrounds. The funds to come out of 7310.4B of the Recreation Budget. Most of the craft suppliers do not deal with bulk items. 4 052997.RGM COUNCILMAN VALDATI moved to approve the P. O. in the amount of $2,800, payable to S & S Arts & Crafts for the purchase of arts and crafts supplies for the Town playgrounds as requested by Mr. Holt. Seconded by Mrs. Visconti Motion Unanimously Carried The last P. O. in the amount of $7,000 payable to the Wappinger Central School District to cover the cost of bus transportation for the summer swim program and playground program. These funds are allocated under Recreation Account 7310.4B. COUNCILMAN VALDATI moved to approve the P.O. in the amount of $7,000 payable to Wappinger Central School District, to cover the cost of bus transportation for the summer swim program, as requested by Mr. Holt. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence from Graham, Highway Superintendent. At the May 12th meeting, the Town Board approved radios for the Building Inspector and Fire Inspector, and Mr. Foster was authorized to obtain proposals. In the interim, Supervisor Smith also received several proposals. COUNCILWOMAN VISCONTI moved to forward the proposals to Graham Foster for review and make recommendations at the next Town Board Meeting. Seconded by Mr. Bettina Motion Unanimously Carried Due to the mild winter, Mr. Fosters Highway cleared several sanitary sewer easements which have been neglected for over 25 year. Mr. Foster received a letter from a Mr. & Mrs. Mayer of 17 Deer Run in regard to one of the pipelines that was cleared. The line in question is not an easement, it is wholly on town recreation property. They were not happy with the end results, and made several suggestions to prevent further dumping in the area. They suggested the Town erect an 8 foot high stockade fence with a gate for access from the left rear corner of their property across the new road to the storm drain stream. The stream would be wide enough at this point to prevent people from crossing. They would then continue the fence, at their expense across the back of their entire property, and also maintain the fence by applying a wood preservative once a year. Mr. Foster feels he would be criticized if a fence was erected to keep people from using recreation property. Mr. Foster recommends the Town notify all the homeowners on Deer Run and Vorndran that we will not tolerate dumping in this area. If the Mayers decide to erect a fence it will reduce the size of their yard significantly, because they have been mowing and maintaining part of the recreation land. 5 r�+ 052997.RGM A fence erected on the Mayer property will not affect our ability to maintain our pipe. COUNCILWOMAN VISCONTI moved to authorize Mr. Foster send a letter to Mr. & Mrs. Mayer explaining the Town's responsibilities. Seconded by Mr. Valdati Motion Unanimously Carried Several memos were received from Michael Tremper, of CAMO Pollution. The first is a Notice of Claim regarding backup on 3 Russet Lane, Town of Wappinger. The Notice of Claim indicates that the residents on 3 Russet Lane had a sewer backup at 4:00 on the 21st day of January, 1997. After investigating all of its complaint logs and calls for the time indicated, or any date in January, CAMO has no record of a complaint call on that date, or any date in January. For the record, this line has been flushed preventively and cleaned in conjunction with the Town Highway Department on April 1, 1996. COUNCILMAN VALDATI moved to accept the memo and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Per the Towns request, CAMO Pollution Control is investigating the possible illegal connections to the water system at #15 and #33 Brothers Road. CAMO has made several attempts to contact these homeowners for a possible investigation of the homes, but there has been no one at home each time. CAMO will continue to make an effort to check the internal plumbing of each of these homes by stopping for a visit periodically. However, it might be better suited for the Town Building Inspector to provide this service as it may stand up better legally if there are illegal connections. The other possibility might be for CAMO to turn the curb cock at #15 Brothers Road to the "OFF" position. If the customer was illegally hooked into the water system, it would mean they would have no water and would necessitate them calling the Town to have the water turned back on. However, it should be noted that if the water is turned off, there is the potential for health concerns and liabilities. COUNCILWOMAN VISCONTI moved to refer to Attorney to the Town Al Roberts to review with Mike Tremper, and report back to the Board with his recommendations. Seconded by Mr. Bettina Motion Unanimously Carried The next memo concerns the trucking of water to the Fleetwood Water District. At one of the Public Hearings for the Fleetwood Water District, CAMO was requested to get price quotes for the trucking of water for the Fleetwood Water District from various water haulers. On February 27, 1997, CAMO sent letters to five certified water trucker companies for proposals to D 052997.RGM truck the water. Only one has responded with a cost estimate, Troncillito Brothers, Inc. of Marlboro, NY. This is the firm that has been providing the water trucking for the past few years, and the cost has been exactly the amount budgeted for in 1997. COUNCILWOMAN VISCONTI moved to authorize CAMO to use Troncillito Brothers, Inc. to truck the water to the Fleetwood Water District upon the recommendation of Michael Tremper. Seconded by Mr. Valdati Motion Unanimously Carried The next memo from Mr. Tremper of CAMO, concerns the collapsed Sewer line on All Angels Hill Road. In 1996, CAMO investigated a deteriorating sewer line on All Angels Hill Road. The sewer line is approximately 400' long and is the gravity line immediately following the discharge from the Pippin Lane Pump Station, which services the Kent Road area. A TV inspection revealed the line to be in a very deteriorated condition and was almost collapsed in several places. The video tapes of the deteriorated sewer line were presented to the Town Board at a Workshop Meeting. Recently, during a routine inspection, CAMO found that the line is continuing its path of deterioration. While there is no emergency condition at this moment, CAMO is fearful that, if not addressed in the near future, a serious emergency condition could exist. COUNCILWOMAN VISCONTI moved to accept the Map, Plan, and Report on Rockingham, and it is so noted that the Map, Plan, and Report has yet to be filed with the Town Clerk Also, table to a workshop. Moved to refer Attorney to the Town Al Roberts to refer to Mr. Rothman to Bond Council, to discuss at the June 9th meeting. Seconded by Mr. Bettina Motion Unanimously Carried The last memo from Mr. Tremper of CRMO, concerns the sewer/water hook- ups on vacant Lot #13 Ardmore Drive. CAMO is in receipt of two correspondences, one from Gus Angelo, of Presidential Homes, and the other from Gina Moroch of 5A Canterbury Lane, Wappingers Falls. Both are seeking information on water and sewer hook-ups to Lot #13 Ardmore Drive. COUNCILWOMAN VISCONTI moved to accept the memo and place it on file with the "Lots Aplenty" correspondence. Seconded by Mr. Bettina Motion Unanimously Carried Several letters from David and Patti Axelby of 45 Park Hill Drive requesting the Town Boards help in getting the limbs and brush removed from the front of his home as a result of the April 19t storm. At this time Mr. Axelby was 7 052997.RGM recognized from the audience and asked if he had anything more to add to his request. He felt his letters were self explanatory. Supervisor Smith added that the Board was in agreement that they would like to refer this to Graham Foster, Highway Superintendent to work out with Mr. Axelby. Councilman Valdati was also in agreement, that this should be handled by Mr. Foster, as it is his area. COUNCILMAN BETTINA moved to refer this to Mr. Foster to work out with Mr. Axelby, with Mr. Bettina also in attendance. Seconded by Mrs. Visconti Motion Unanimously Carried Several reports from Jay Paggi, Engineer to the Town. The first is a report on the meeting Mr. Paggi attended for the Wappinger Sewer Transmission Treatment Improvement Area Phase 3A. It was held with his office and the Dutchess County Health Department in Beacon to identify areas most in need of inclusion in Phase 3A. Mr. Paggi presented a Phase 3A scenario with only those areas adjacent to the existing trunk line (including Town Hall), and Wappinger Park. The DC Health Department agreed that this was a good starting point, and that Wappinger Park should indeed be considered a high priority. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Next are several reports regarding the Rockingham Drainage. Mr. Paggi received a call from Mary Kozlowski who resides at 90 Scott Drive in the Rockingham Subdivision. She asked if the current drainage project was going to be extended up to her house to replace the existing pipe in the north section of her property. He said no. She also wished to know who was responsible for repairing the existing headwall around the end of the pipe in the easement on her property. Mr. Paggi explained, if it is a Town easement, the Town would be required to repair it and he would make a field inspection with the Highway Superintendent. After the field inspection was made, it was determined that the headwall was in a state of disrepair and needed some work. An initial review of the Filed Map indicated that there is no easement for this pipe. However, it is our experience in Rockingham that certain easements were filed subsequent to the filing of the subdivision map. In any event if there is an easement that exists, Mr. Foster indicated that he can repair the headwall to make it stable. However, due to his work load created by the storm, he may not be able to get to it this year. 052997.RGM COUNCILWOMAN VISCONTI moved to refer this to Mr. Foster to place on his future work schedule. Seconded by Mr. Ruggiero Motion Unanimously Carried Mr. Paggi also received a call from Jim Martz of 23 Tor Road regarding the condition of a drainage stream on the west and north side of his property. The stream has become overgrown and clogged, and is subsequently eroding parts of his property. He advised Mr. Martz, that if the Town had a drainage easement there, the cleaning of the stream could be placed on a work schedule. If there were no easement, the Town would not clean the stream. COUNCILWOMAN VISCONTI moved to refer to Attorney to the Town, Al Roberts, to research for easement. Seconded by Mr. Bettina Motion Unanimously Carried During the course of the Rockingham Drainage project, Mr. Paggi received a call and a site visit from Mr. John Caixeiro of 7 Balfour Drive regarding a drainage easement in the rear of his property. He asked whether the work that we were doing now would help his problem. After a field inspection of the area, it was noted that the easement was overgrown and there was standing water in it. At some point in time, this easement will need to be cleaned out. Mr. Paggi explained to Mr. Caixeiro that it may not be for a while, as the Highway work and the budgets are somewhat overloaded at this point in time. COUNCILWOMAN VISCONTI moved to refer to Mr. Foster to place on his work schedule. Seconded by Mr. Ruggiero Motion Unanimously Carried Mr. Paggi also presented his report of April 24, 1997, on the Proposed Wappinger Court Building. At the meeting of May 12, 1997, there was a motion to expend no more funds on the proposed Justice Court Building. COUNCILWOMAN VISCONTI moved to accept the report and place it on file, that no further action is to be taken at this time until we see where we are with the fund balances in the budget. Councilwoman Visconti also requested the Comptroller, Ann Buckley to get a list to go with the file of expenditures and what line item they were taken. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Paggi received a call from Dr. Mahmound Kablaoui of 6 Amherst Lane regarding the property adjacent to him owned by the Town of Wappinger, utilized by the Tall Trees Water District. In the Summer of 1995 there was 052997.RGM some discussion between the Town And Dr. Kablaoui regarding a transfer of the property in question to Dr. Kablaoui. It was never completed. There were also some trees that were supposed to be removed that are on the Town's property which had not been done yet. With this in mind, Dr. Kablaoui posed three questions to Mr. Paggi. (1) When will trees be cut down? (2) If Dr. Kablaoui wishes to purchase the triangular piece of property, how would he go about doing it? (3) If Dr. Kablaoui wanted to buy the triangular piece of property and realign the opposite property line with his neighbor, what procedural requirements would need to be fulfilled? COUNCILWOMAN VISCONTI moved to authorize Attorney to the Town, Al Roberts to contact Dr. Kablaoui in regard to property in question and authorize Mr. Tremper of CAMO, and Mr. Foster, Highway Superintendent, to inspect the trees. Seconded by Mr. Bettina Motion Unanimously Carried Mr. Paggi also gave a report on the Meeting he attended with representatives of the DCDPW regarding the reconstruction of Myers Corners Road to Route 9 East to Henry Drive. It was discussed that the County was in the final steps of design and land acquisition for the project. They were in the middle of condemnation procedures for three (3) of the parcels for which right-of- ways are necessary to be taken. Due to the SHIPS funding for the project, it is necessary that certain capital improvement be made this year including clearing, grubbing, etc. It is, therefore, the Department's feeling that they will be out to bid by mid September with some work able to be done this fall. Also discussed were several concerns with respect to the newly installed transmission line for the Wappinger Sewer Transmission Treatment Improvement. COUNCILMAN RUGGIERO, moved to refer to Mr. Paggi, accept and place on file. Seconded by Mr. Valdati Motion Unanimously Carried At the April 1997 Board Meeting, Mr. Paggi was instructed to review correspondence from Jack Railing's office dated April 21, 1997 to the Town Board regarding payment of the down stream drainage fees for the Volvo of Wappinger project located on Route 9. Mr. Paggi has reviewed the correspondence and has presented his recommendations. COUNCILWOMAN VISCONTI moved to table this to an Executive Session following tonight's meeting. Seconded by Mr. Bettina Motion Unanimously Carried 10 052997.RGM, Correspondence from Edward A. Rose, Airport Director. As you know the County of Dutchess is promoting the Sixth Annual Great Hudson Valley Balloon Race June 6,7,8 1997. The County has set this event up to be a break even event. There is no admission fee. Costs are recouped through parking and vendor fees, therefore he is requesting a waiver of fees as noted in Local Law #10 of 1975 Regulating the Assembly of Persons in Public Places with the Town of Wappinger. COUNCILWOMAN VISCONTI moved to waive the fees for the Sixth Hudson Valley Balloon Race as requested by Mr. Rose, Airport Director. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Betsy Brockway, Coordinator for STOP DWI informing the Town of Wappinger, that Dutchess County STOP DWI invites the Town to receive monies during 1997 to assist our Justice Court's ability to handle and report DWI/DWAI cases. Based on the D.A.'s reported 1996 court caseload of our DWI cases, the Town of Wappinger has been approved to receive $1,185 for 1997. In order to receive these funds, the Supervisor is requested to sign and return a letter of agreement and comply with all the updated conditions. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to sign the letter of agreement from the Dutchess County STOP DWI in order to receive the financial assistance for the Court. Also send a carbon copy to the Justice Court. Seconded by Mr. Bettina Motion Unanimously Carried A request from Charles Ricotta, Building Inspector, for permission to attend AIA/NYSBOC Accessibility Seminar on June 18, 1997. COUNCILWOMAN VISCONTI moved to authorize Charles Ricotta to attend AIA/NYSBOC on June 18, 1997, and his legitimate expenses to be a Town charge. Seconded by Mr.Valdati Motion Unanimously Carried Correspondence from the Hughsonville Fire District advising the Town that Anthony Capone has been recommended by the Board of Fire Commissioners of Hughsonville Fire District to replace Peter J. Muro, as a member of the Town of Wappinger Fire Prevention Bureau. COUNCILMAN VALDATI made a motion to accept the recommendation of the Hughsonville Fire District to appoint Anthony Capone as a member of the Town of Wappinger Fire Prevention Bureau and place it on file. Seconded by Mrs. Visconti 11 052997.RGM Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI on the many cars that are parked on the west side of Route 9 D near the power lines north of Stewart's Ice Cream Shop. The Zoning Administrator, Don Close informed Mr. Valdati, that the owners have been given three weeks to clean it up. COUNCILWOMAN VISCONTI had no reports at this time COUNCILMAN BETTINA had no reports at this time. SUPERVISOR SMITH, recognized County Executive John Beale from the audience. Mr. Beale asked if the Board was taking any position on 485.B. Supervisor Smith answered, yes. Vincent DiMaso, from the EDC is coming to the next workshop. At that time he will explain the 485.B. In the past we have had opinions, and they may want to change their minds. SUPERVISOR SMITH requested permission to hire someone to apprentice at the Town Hall at a cost of $500, half of the cost to be reimbursed by the Southern Dutchess Chamber of Commerce. COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith to hire an apprentice for the Town Hall at a cost of $500, half of cost to be reimbursed by the Southern Dutchess Chamber of Commerce. Seconded by Mr. Bettina Motion Unanimously Carried BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of April on the subdivisions, the amounts, expiration dates and call up dates. COUNCILWOMAN VISCONTI moved to accept Mr. Close's report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILWOMAN VISCONTI moved to table the request made by the Planning Board to call up the Performance Bond on Evergreen Estates, to June Stn. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILWOMAN VISCONTI moved to authorize Attorney to the Town Al Roberts, to record the Rymer Deed. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS 12 052997.RGM Engineer to the Town, Jay Paggi's went over Bids for the Castle Point Landfill closure. The bids were opened on Tuesday May 27, 1997. Six bids were submitted. Hudson Canyon Construction, Inc., being the low bidder at a bid of $444,008. No action was taken at this time, until the Board Members go over Mrs. Buckley's financial report. UNFINISHED BUSINESS The last report from Mr. Paggi, is in reference to the Clean Water/Clean Air Bond Act of 1996 Solid Waster Municipal Landfill Closure Project Castle Point Landfill. Mr. Paggi's office has been working form some time to accomplish the closure of the Castle Point Landfill. Part of their work has been to actively pursue all available means of State financial assistance. On December 12, 1995, Mr. Paggi's office submitted an application on behalf of the Town, to the New York State Department of Environmental Conservation for and EQBA 50% matching grant. On December 21, 1995, the Town was notified that available funds were not currently sufficient to provide State assistance for their application. With the passage of the Environmental Bond Act last fall, and with the knowledge that a portion of this bond was for assistance in landfill closures, we again pursued the potential of obtaining financial assistance for the closure of the Castle Point Landfill. Since that time, additional monies have become available for the program via the Clean Water/Clean Air Bond Act of 1996, and United States Environmental Protection Agency funds. Since the Town has already submitted an application, no further action is required at this time. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Next is an opinion letter from Attorney to the Town Al Roberts in regard to the Bids for Highway Equipment. The issue presented was, "can the Town Board of the Town of Wappinger accept the Healey International and Duchess County Diesels Bids for only one unit each". Based on limited circumstances in this matter, Mr. Roberts answered yes. In the future however, Mr. Roberts recommends that advertisements for similar items request bids on a per unit basis, with the Town reserving the right to purchase one or more units. In conclusion, the Town Board can approve the acceptance of the bid of Healey International and Dutchess County Diesels for only one unit each. COUNCILMAN VALDATI moved to accept the opinion letter from Attorney to the Town Al Roberts, and place it on file. Seconded by Mrs. Visconti 13 052997.RGM Motion Unanimously Carried At the May 12, 1997 meeting, Ann Buckley, Comptroller, was requested to submit her Comptrollers Financial Reports to the Town Board. Also submitted at this time from Mrs. Buckley, are the Budget Amendments. COUNCILWOMAN VISCONTI moved to accept the Comptrollers financial reports to place on a workshop for future discussion. Seconded by Mr. Bettina Motion Unanimously Carried Per the Town Board Workshop Meeting on May 12, 1997 the following Budget Amendments were approved: B FUND As of 5/21/97 Balance 1440.4B (14,807.74 Negative. Decrease Expenditure 1990.413 Contingency $30,000 Increase Expenditure 1440AB Engineer 30,000 The above amendment is so the Engineer line item does not go over budget. Increase Expenditure 1440.42B Castle Point 20,000 Increase Expenditure 1440.43B Town Wide Water 16,000 Increase Expenditure 1440.44.B Dean Property 5,000 Increase Expenditure 1440.45B Atlas Aquifer 30,000 The above are Special Projects for Engineer Line Item and need to be created Decrease Expenditure 1440AB Engineer 20,000 Decrease Expenditure 1440.4B Engineer 16,000 Decrease Expenditure 1440AB Engineer 5,000 Decrease Expenditure 1440AB Engineer 30,000 The above amendment is to reduce the engineer line item so that the Special Projects can be created. HIGHWAY FUND As of 5/21/97 Balance 5130.2DB $4,416.00 Increase Appr. Fund Balance 599DB Appr. Fund Balance 83,854 Increase Expenditure 5130.2DB Equipment 83,854 The above amendment is so that we can purchase an International truck with plow. COUNCILWOMAN VISCONTI moved to accept the Budget Amendments that were already approved that are now clarified, and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried On April 12, 1997, Supervisor Smith was authorized to sign the contract up to $20K with Leggette/Brashears & Graham, Inc. to drill two additional test production wells at the Atlas Wellfield. When she received the contract on April 28, 1997 it was much more extensive than anticipated. It was tabled at that time. Engineer to the Town, Jay Paggi, informed the Board that this should be explained more extensively. COUNCILMAN VALDATI moved to table to the June 4th meeting. Seconded by Mrs. Visconti 14 r 052997.RGM Motion Unanimously Carried SUPERVISOR SMITH, regarding the Codification. At the April 14th Meeting, a motion was made by the Town Board to authorize $20 K for Codification, and there was no mention made at that time where the funds were to come from. COUNCILMAN RUGGIERO moved to authorize the $20K for Codification to come out of the Fund Balance. Seconded by Mrs. Visconti Motion Unanimously Carried COUNCILMAN VALDATI on Municipal Town Law Books. Some time ago, the Board members requested Municipal Town Law Books be provided for them. Supervisor Smith announced they had been received, and were in her office. COUNCILMAN VALDATI moved to get one Municipal Home Rule Book for each Town Board member also. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILWOMAN VISCONTI informed the Board that she read Barbara Gutzler's report, and said it was a very nice. She is sending the letter to Mr. Holt. She had recently discussed with Ms. Gutzler, and Mr. diPierno, the needs of the young people of our Town. Mrs. Visconti read the report from the Seminar Ms. Gutzler attended and indicated there appears to be funds available from the Youth Bureau. She would appreciate it if the Board would think of some ideas for this area when discussion of the Budget comes up in August. SUPERVISOR SMITH announced that some vandalism was committed at one of the Town Water Districts. It amounted to $800. Mrs. Smith informed the Probation Officer that she wanted the youth the pay the $800 and do the repair work. The Probation Officer informed Mrs. Smith that the youth did not have the funds to pay back the $800 for damages he caused, but he would do the work. Mr. Tremper said he would supervise the youth. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to inform the people involved that we expect the job to be done by the youth and in addition, pay the $800. Seconded by Mr. Valdati Motion Unanimously Carried NEW BUSINESS At this time Highway Superintendent, Graham Foster requested permission for himself and Engineer to the Town Jay Paggi to walk the site of the 15 052997.RGM Sherwood Heights Subdivision. Questions have arisen, and he would like some recommendations from Mr. Paggi. COUNCILWOMAN VISCONTI moved to authorize Graham Foster and Engineer to the Town Jay Paggi, walk the site of the Sherwood Heights Subdivision Extension. Seconded by Mr. Bettina Motion Unanimously Carried At this time, 9:20 P.M. COUNCILWOMAN VISCONTI moved to go into Executive Session, seconded by Mr. Bettina Motion Unanimously Carried The Meeting went into Executive Session at 9:30 PM. The Board reconvened at 10:09, all Board Members again being present. There was no other Business to come before the Board. COUNCILWOMAN VISCONTI moved to close the Town Board Meeting, Seconded by Mr. Valdati and Unanimously Carried. The Meeting closed at 10:10 P.M. Elaine H. Snowden Town Clerk 16