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1997-04-28 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 28, 1997 7:30 P.M. - - - - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. March 24, 1997 4. REPORTS OF OFFICERS Sup/Comet. Receiver of Taxes Jan/Feb/Mar Town Justices Bldg. Insp. Zng. Adm. Highway Supt. Dog Corol Officer Jan/Fe��March 5. PETITIONS & COMMUNICATIONS ar Dutchess Co. Bd. of Elections re: Training Session for Voting Machine Custodians ,b. C. Waddle, Ch. Hughsonville Fire Dist. re: lack of secretary for Fire Prevention Bureau �! Notification of intent to renew liquor License from S & L Fuel Service Corp. ( Emporium Gas Station, Myers Corners Rd. & De Garmo) d. Requests for return of Escrow Funds from: (1) A. Riggio,Robinson Garden Drive,$768 (2) Hindu Samaj, Brown Rd. $2,000 Rd. Opening e./ J. Paggi, Eng. to Twn. Reports: (1) W. Sewer T/T Imp. area Phase 3A (2) List of individuals who have contacted Eng. Office re: Phase 3A (3) Rockingham Drainage Project re: Peter Stafford Compla: (4) "B" Fund Engineering Expenditures for '97 f. R. Holt, Ch. Rec. comm. requests (1) Water Emergency at Schlathaus Park (2) Summer Playground Director (3) Castle Point Playground closing due to closure of Landfill during summer (4) Park Safety & Enhancement (5) P.O. for Bleachers g. NYS DOT - Joan M. Jones, Eng. in charge, re: Reconstruction of Rte 9D: (2) P.C. Crocker, design Eng. re: resurfacing Rte 9 h. Vacancies on Recreation Committee - Term expires May 1st for B. Gutzler and J. Ennesser i. Request to attend Dog Control School from Ann Marie Buck j. M. Tremper, CAMO re: April Storm Report - w/ J. Paggi Comments k. Memorandum from Senator Saland re: SHIPS reducing expenditure for Wheeler Hill project & applying same to Widmer Rd. Project 1. Notices of Lead Agency intent by: T/W Ping Bd. for Barnside Const. (2) Shamrock Hills, Lead Agency plus Scoping session M. Corr. from J. Railing with request to waive Downstream Drainage Fees for Thomas Coughlin 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zng. Adm. Amended report for Feb. zng. Adm. report for March 8. RESOLUTIONS a. Consider awarding Bids for Castle Point Landfill Closure and Rockingham Sewer connection Phase II - Contract 3 b. Resolution amending Barnside Construction Rezoning petition 9. UNFINISHED BUSINESS a. A. Roberts, attny to Town, re: Proposed Combined Water Imp. Area (2 letters - 3/6 & 3/11) b. Bids for Highway Equipment c. J. Paggi, Eng. to Twn., Atlas Wellfield d. A. Roberts, Attny to Twn., re: Estate of Samuel Seigel e. J. Paggi, Eng. to Twn., Clean water/Clean Air bond Act of '96 (Corr. dated 3/27/97) 10. NEW BUSINESS A. Metzger Phase 2 Bond discussion' 11. ADJOURNMENT 042897.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on April 28, 1997 at the Town Hall at 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:30 P.M. Present: Constance Smith, Supervisor E Joseph Ruggiero, Councilman Robert Valdati, Councilman l�.. Vincent Bettina, Councilman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Ann Buckley, Comptroller Absent: June Visconti, Councilwoman The Supervisor asked all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Regular Meeting of March 24, 1997 having previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILMAN RUGGIERO noted on page 23 at the bottom of the page a motion was seconded by Mr. Bettina, and it was omitted from the minutes. COUNCILMAN VALDATI moved that the above stated Minutes as submitted by the Town Clerk be approved as corrected. Seconded by Mr. Bettina Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of March were received from the Town Justices, Supervisor/Comptroller, Building Inspector, Zoning Administrator, Highway Superintendent, Receiver of Taxes for Jan/Feb/March, and Dog Control Officer, for Jan/Feb/March. COUNCILMAN RUGGIERO moved to accept the reports and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried SUPERVISOR SMITH reminded the Dog Warden that she would have to get her reports in on time. She also reminded the Dog Warden that a Dog Census must be done soon, the Town is losing a lot of money. COUNCILMAN RUGGIERO moved to discuss the Dog Census at a future workshop. 1 Seconded by Mr. Bettina 042897.RGM Motion Unanimously Carried PETITIONS & COMMUNICATIONS Correspondence from the Dutchess County Board of Elections informing the Town there will be a Voting Machine Programmer's Training session on Friday, July 25, 1997 for Dutchess County Machine Custodians. In accordance with the NYS Election Law, all custodians who have not attended a certification class should attend. The cost will be $100 per custodian. Elaine Snowden, Town Clerk, recommends that all four of the custodians attend this class. COUNCILMAN VALDATI moved to authorize the four custodians attend the Voting Machine Programmer's Training Session on Friday, July 25, 1997 and their legitimate expenses be a Town charge. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Carol Waddle, Chairperson of the Hughsonville Fire District informing the Town Board that there is no secretary for the Fire Prevention Bureau. The Board of Fires feels it is necessary to have minutes of the meetings available to the Fire District for any action that may be necessary by them. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Notification of intent to renew Liquor Licenses was received from, (1) S& L Fuel Service Corp., 235 Myers Corners Road, (2) Jets Place, 235 Myers Corners Road, and (3) New Ricci's Deli, 1618 Route 9. COUNCILMAN VALDATI moved to accept notification of intent to renew Liquor Licenses from, S & L Fuel Service Corp., Jets Place, and New Ricci's Deli, and place them on file without comment. Seconded by Mr. Bettina Motion Unanimously Carried Requests for the return of escrow funds was receive from, Anthony Riggio, Robinson Garden Drive for $786 and Hindu Samaj, Brown Road for $2,000. COUNCILMAN VALDATI moved to authorize the return of the above escrow funds, based on the recommendation of the Zoning Administrator and the Highway Superintendent. Seconded by Mr. Bettina Motion Unanimously Carried 2 r 042897.RGM Several reports from Jay Paggi, Engineer to the Town. At a Phase 3A Workshop Mr. Paggi was asked to provide the cost per benefit unit analysis of the Wappinger Park area and the proposed Meadowood Subdivision. Mr. Paggi went over the costs per benefit unit amortized over 20 year. COUNCILMAN RUGGIERO moved to accept the report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Paggi also provided the Town Board with a list of individuals who, as of March 25, 1997, have contacted either the Town Hall or the office of Paggi and Martin with sewage disposal system questions, problems or failures. COUNCILMAN VALDATI moved to accept the list and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Mr. Paggi received a complaint from Mr. Peter Stafford, 409 Old Hopewell Road, in reference to the Rockingham Drainage Project. Mr. Paggi made a field inspection at his request, and listened to Mr. Stafford's concerns alleged damage to his water supply and septic tank. Mr. Stafford stated that since the project, specifically the blasting, his septic tank has filled up with water and it was necessary for him to have it pumped a number of times. Also his water supply, which is apparently some form of spring, has become inundated with solids. Mr. Paggi turned his findings over to Cal Mart Constructions insurance company. An inspection of the area was performed by Cal Marts insurance company late last week, and we are awaiting the report. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Mr. Paggi submitted his engineering bills for the month of March, 1997. After reviewing the bills, he prepared an analysis of the 1997 "B" fund expenditures through the end March 1997. Mr. Paggi also prepared a chart for the Board to review in order to enable the Board to plan and budget for the remainder of the year. At this time Comptroller Ann Buckley gave the Board Members copies of the fund balances up to the present, and how they came about. COUNCILMAN VALDATI felt that more discussion and research was needed before transferring funds, plus a member of the Board was absent from tonight's meeting. He was not prepared to vote on this issue until he goes over all the figures. COUNCILMAN VALDAIT moved to table this to a meeting with the 3 042897.RGM Comptroller, and the entire Board in attendance and discuss exclusively since it involves hundred of thousands of dollars. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN RUGGIERO wished to know why Mr. Paggi presented this analysis at this time. SUPERVISOR SMITH responded that he is out of money. MR. PAGGI said that after he prepared the March bills he noticed that approximately 1/3 of the "B" fund line items for Engineering was up in March so he analyzed what the charges were and submitted them in the chart as an attachment to the above letter. He noticed that two projects, Castle Point Landfill and the other being Town Wide Water had the potential of depleting the "B" fund very quickly. On charges for Town Wide Water, there could be a BAND taken out to be used as Seed money and there is a provision in the State Law that allows this. Several requests from Ralph Holt, chairman of Recreation. The First concerns the Water Emergency at Schlathaus Park. On March 14th it was discovered that there was no water at the house. A plumber was called to evaluate the situation, and in order to get water to the house (heating system, etc.) he had to pull the submersible pump and replace the pipe in the well. The charge for this work came to $803.83. Because this was an emergency situation, we were unable to obtain a P.O. COUNCILMAN VALDATI moved to authorize the P.O. in the amount of $803.83 to pay for the repair of the emergency water situation at Schlathaus Park. Seconded by Mr. Bettina Motion Unanimously Carried A recommendation from Gerry diPierno to appoint Maureen Ervin as the Summer Playground Director, with a salary of $3,000. Mr. Holt concurs with the recommendation. COUNCILMAN BETTINA moved to appoint Maureen Ervin as the Summer Playground Director, based on the recommendations of Gerry diPierno and Ralph Holt. Seconded by Mr. Valdati Motion Unanimously Carried It has come to Mr. Holt's attention that the landfill closing at Castle Point will be taking place during June, July and August. This time frame coincides with the Summer Playground program which this year runs from June 25th to August 12th. In light of the fact that there will be 45 trucks a day going into the park and the bulldozers working leveling the fill, we feel that for the L! 042897.RGM children's safety that the park should be closed until the job is completed. If we do not close the park, we will have to suggest to the parents that the children be registered for another park and as soon as it is safe we could move the children back to Castle Point. This should not effect the evening sessions of soft ball scheduled during that time frame. COUNCILMAN VALDATI moved to authorize the Recreation Committee to move forward with the reassignment of children to other parks during this period. Seconded by Mr. Bettina Motion Unanimously Carried The Recreation Committee continues to review the conditions of the parks and in doing this has found many tasks that should be undertaken for park safety and enhancements. Some of the tasks have higher priority than others. Mr. Holt will be submitting a list of these tasks in the near future. Submitted at this time, is a list of immediate needs for the Boards consideration. PROJECT 1. QUIIET ACRES ESTIMATED COST (a) Resurface driveway $2,750 Has not been updated in over 10 years. Very rough surface where glass gets imbedded. Needs help. (b) Construct a 10' x 24' shelter $4,500 bm Summer program children have no shade and no protection from elements, this along with Spook hill Shelter would provide coverage at all six parks. © Put in place fencing that will help contain Town Property .$1,400 and enhance safety conditions at the park. To help us maintain safety and to contain children within Town Property this fence is a necessity. 2. SPOOK HILL (a) Construct a 12' x 40' shelter See Quite Acres (b) $4,950 (b) Blacktop and resurface 36'x 20' with handicapped area. $2,000 There should be some handicapped parking her and at all parks. 3. MARTZ FIELD (a) Resurface basketball court 50' x 100' and strip. $4,250 Basketball court should be resurfaced it presently has waves throughout. It has not been updated in over 15 years. (b) Tennis Court repairs $5,755 Tennis Court repairs are mush needed. Cracks are an inch or more wide. They will get works and become dangerous. 4. ROCKINGHAM (a) Blacktop and sub -base 20 x 100' and provide 3 handicapped $4,500 spaces. Provide for some additional paved parking and establish at 5 0.42897.RGM at least 3 handicapped parking spaces. 5. RYMER (a) Construct road into park area, so we can start to build $20,000 new recreation area. (This is to replace Hughsonville Fire property use) $10,000 of the cost of this road was given to the Town by the Developers. Money would come out of the Parkland fund which has a balance of $170,000, with an expected near future growth of $60,000. COUNCILMAN RUGGIERO moved to authorize the improvement for the Parks as recommended by Mr. Holt, and the funds to come out of Parkland fund. Seconded by Mr. Valdati Motion Unanimously Carried At the March 24, 1997 Town Board Meeting, the Recreation Committee received approval to purchase 1 bleacher frame from Miracle Recreation, at a cost of $784, with shipping charges of an additional $250. We now find that the shipping charges will come to a total of $301. Mr. Holt is requesting approval for this additional charge. The funds are available in B-7310.2 account. COUNCILMAN VALDATI moved to approve the P.O. for the additional shipping charges as requested by Mr. Holt. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Joan M. Jones Engineer in Charge of the NYS Department of Transportation, informing the Town a contract has been awarded to do asphalt concrete reconstruction on Route 9D in the Towns of Wappinger and Poughkeepsie. The contract limits begin 300 ft east of the intersection of Route 9D and Old Hopewell Road (CR 28) and end 1,000 ft. west of the intersection of Route 9 and Route 9D. The placement of construction signs will begin in late April, 1997 and the actual construction will begin in May, 1997 and is scheduled for completion by September 15, 1997. The contract work will be done at night between the hours of 9:00 PM and 7:00 AM. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence form P.C. Crocker, NYS Department of Transportation informing the Town they will be restoring the pavement on Route 9 in the Towns of Wappinger and Poughkeepsie and the Village of Wappingers Falls also. All work on this project will be performed at night. The work is D 042897.RGM scheduled to commence in late July, 1997 and will be completed b November, 1, 1997. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The term of office of Barbara Gutzler and Joseph Ennesser as members of the Recreation Committee are about to expire on May 1, 1997. The Recreation Committee recommends that the both be reappointed for another 5 year term. Motion Unanimously Carried The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: RESOLVED, that Barbara Gutzler be and she hereby is appointed to fill the vacancy as a member of the Recreation Committee of the Town of Wappinger which has occurred by reason of expiration of her term of office, and IT IS FURTHER RESOLVED, that the said Barbara Gutzler is hereby appointed to the Recreation Committee for a term which will expire on the 19t day of May, 2002. Seconded by Mr. Bettina Motion Unanimously Carried The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: RESOLVED, that Joseph Ennesser be and he hereby is appointed to fill the vacancy as a member of the Recreation Committee of the Town of Wappinger which has occurred by reason of expiration of his term of office, and IT IS FURTHER RESOLVED, that the said Joseph Ennesser is hereby appointed to the Recreation Committee for a term which will expire on the 1st day of May, 2002. Seconded by Mr. Bettina Motion Unanimously Carried A request to attend the 1997 Animal Control Officer's and Shelter Personnel Academy was received by Ann Marie Buck, Animal Control Warden. The course will run held at State University of New York, Delhi, from Tuesday May 27, 1997 to Friday May 30, 1997. COUNCILMAN VALDATI moved to approve the request for Ann Marie Buck to attend the 1997 Animal Control Officer's and Shelter Personnel 7 042897.RGM Academy from May 27th to May 30th, and her legitimate expenses be a Town charge. Seconded by Mr. Ruggiero Motion Unanimously Carried A memorandum was received from Michael Tremper, CAMO Pollution Control with a summation of Operations and Effect of Operation the April 1, 1997 storm created on the Town of Wappinger Water and Sewer District. Mr. Tremper recommends that some type of formal plan be executed to provide temporary power to the facilities that provide services to the Town. In his response to Mr. Tremper's memo, Jay Paggi, Engineer to the Town is in total agreement with Mr. Tremper's recommendation and would point out that under the Proposed CWWI the providing of these temporary facilities could be limited to a smaller number of sites as the centralization of the facilities will allow this. COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried A memorandum regarding the SHIPS funding for the Town of Wappinger was sent by Senator Steve Saland to: Senator Joseph Bruno, Senator Ronald Stafford and Senator Norman Levy. Mr. Saland informed the Senators Bruno, Stafford, and Levy that the Town of Wappinger would like to reduce the Wheeler Hill Road Project (5211) by $25,000, thus bringing the funding level to $125,000. He is requesting the $25,000 from the Wheeler Hill Road Project be applied to the Widmer Road project (5212) which would increase the funding level for this project to $100,000. COUNCILMAN VALDATI moved to accept the memo and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize Highway Superintendent Graham Foster to work with Attorney to the Town Al Roberts and Engineer to the Town Jay Paggi, in obtaining easements for the Wheeler Hill Road project. Seconded by Mr. Ruggiero Motion Unanimously Carried On April 7, 1997 the Town of Wappinger Planning Board voted to declare their intent to be Lead Agency for the Barnside Construction project. The Planning Board submitted a copy of the SEQR Designation of Lead Agency and Classification of Action Notice, a copy of the Environmental Assessment Form (Part 1), with a Lead Agency Selection Reply Form, a subdivision plan 042897.RGM and a site plan. Unless an objection is expressed and received in writing from an involved agency by May 7, 1997, the Planning Board will assume the role of Lead Agency. COUNCILMAN VALDATI moved to designate the Town of Wappinger Planning Board as Lead Agency for the Barnside Construction Project. Seconded by Mr. Bettina Motion Unanimously Carried A notice to involved and interested agencies of a Public Scoping Session for a 45 Lot Subdivision, known as Shamrock Hills, Town of Wappinger. COUNCILMAN BETTINA moved to accept the notice and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from John Railing, P.E. with a request for the Town of Wappinger to waive the downstream drainage fee for Thomas Coughlin, the new owner of the Wacker Property located on Route 9 south of Sprint Auto Lube. Mr. Coughlin is planning to construct a Volvo Dealership on the property. The Board recognized Mr. Railing, who provided a list of information with a summary of costs as justification to grant the waiver. He believes the Down stream drainage fees normally collected have been satisfied through the site plan review and approval process. JAY PAGGI, Engineer to the Town informed the Board he needed time to review the letter first, and he was not prepared to respond at this time. COUNCILMAN VALDATI moved to authorize Engineer to the Town to review the letter, and respond, in writing, to Mr. Railings request. Seconded by Mr. Bettina Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO gave a report on Clean Sweep for the Town, and reported that there were approximately 36 volunteers. The Brownies cleaned the cemetery across the street from Cablevision. He also thanked Graham Foster and his crew for picking up the bags left by the volunteers at the side of the road. COUNCILMAN VALDATI, gave a report on Clean Sweep for the Village of Wappingers. They ran a very successful program and informed the Board that Hank DiMarco was one of the coordinators of the project. It was a pleasure to see all the volunteers. COUNCILMAN BETTINA reported that the Supervisor tossed the first ball at the opening day of Little League. SUPERVISOR SMITH announced that there would be training in CPR sponsored by the American Heart Association, Laerdal, Sloper-Willen, IBM, 41 042897.RGM and several other Organization on May 19th . There would be no charge, and she would like authorization for all the employees to take turns attending. It would be 90 minutes. COUNCILMAN VALDATI moved to authorize all the Town Employees to attend the 90 minute CPR courses given on May 19th. Seconded by Mr. Bettina Motion Unanimously Carried SUPERVISOR SMITH reported that there had been some vandalism committed on the Hill Top field off Deer Run road in the amount of $800, and two people had been apprehended. COUNCILMAN VALDATI on the assignment of the vandalism patrol to patrol the areas. He received a letter from John Beale, that the Vandalism patrol seems to be taking unfair advantage of positioning themselves in the Town of Poughkeepsie. On the other side of the bridge going toward the New Hamburg Train Station, north of the bridge. We must give them Town perimeters to adhere to. BONDS & LETTERS OF CREDIT Mr. Close submitted his amended report for the month of February and his report for the month of March on the schedule of Bonds and Letters of Credit on the various subdivisions, the amounts, expiration dates, and call up dates. COUNCILMAN BETTINA moved to accept Mr. Close's amended report for the month of February and report for the month of March and place them, on file. Seconded by Mr. Ruggiero Motion Unanimously Carried RESOLUTIONS Next is to consider awarding the Bid for the Castle Point Landfill closure. COUNCILMAN BETTINA moved to table this, due to lack of funds. Seconded by Mr. Ruggiero Motion Unanimously Carried SUPERVISOR SMITH went on to explain that the Bids for the Castle Point Landfill Closure were received and opened on April 25, 1997. Nine Bids were received, the lowest being Hudson Canyon Construction for $489,696. The Bid submitted by Nenni Equipment Corporation was in the amount of $465,225. However this bid was submitted to the Town Clerk's Office at 10:49 AM. The Project Specifications state that all Bids must be received by 10:45 AM. The notice for bids advertisement also stated that bids would be received until 10:45 AM the day of the bid opening. The Contractor was informed at the time of submission that his Bid was late. At the time of the opening Engineer, Peter Paggi, of Paggi & Martin, informed the Contractor and the 10 1 042897.RGM audience that we would open the Bid, but it would be subject to determination by the Attorney to the Town as to acceptability. Attorney to the Town, Al Roberts, stated that the Bid was received after the deadline specifically outlined in the specifications, and as such was disqualified. SUPERVISOR SMITH suggested the job be rebid since one of the bids had been disqualified. COUNCILMAN BETTINA moved to reject any and all Bids for the Castle Point Landfill Closure, and authorize the Engineer to the Town, Jay Paggi, rebid this project. Bidding to open on May 27, 1997, with results to be given at the Town Board Meeting. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is to award the Bid for the Rockingham Sewer Connection Phase II Contract 3. Bids were received and opened on April 25, 1997. Eight Bids were received, the lowest being Hudson Canyon Construction with a low Bid of $15,950.00 The office of Paggi & Martin has reviewed all Bids and find them to be mathematically correct and in the proper format. They recommend the Town award the Contract to Hudson Canyon Construction, Inc., for $15,950.00, they being the low Bidder. COUNCILMAN VALDATI moved to award the Bid for the Rockingham Sewer Connection, Phase II Contract 3, to Hudson Canyon Construction, for $15,950.00, upon the recommendation of the Peter Paggi, of the office of Paggi & Martin, they being the lowest Bid. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is to accept an amended application on behalf of Barnside Construction. The parcel to be rezoned has increased in size to accommodate the septic system. COUNCILMAN BETTIN moved to accept the amended application for Barnside Construction and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The following Resolution was moved by COUNCILMAN VALDATI and seconded by Mr. Ruggiero: WHEREAS, Barnside Construction Corp. (hereinafter "Barnside"), 114 Old Route 9, Fishkill, New York 12524, has submitted an application to rezone a 2.076 acre portion of property it owns [from R-40 1 Family Residence (r-40) to Highway Business (HB), said parcel being located on the south side of New York State Route 376, approximately 800 feet east of Myers Corners 11 042897.RGM Road in the Town of Wappinger, and identified as tax grid number 6358-03- 414490; and WHEREAS, BY Resolution dated February 24, 1997 the Town Board agreed to formally consider said application and determined that he proposal was a Type 1 action pursuant to Town of Wappinger Local Law #6 of 1992, and pursuant to Article 8 ECL and the related Title 6 Part 617-NYCRR and further indicated its preference to have the Town of Wappinger Planning Board act as lead agency in a coordinated review of the matter; and WHEREAS, the applicant has now requested that the size of the parcel to be rezoned be increased from 2.076 acres to 2.479 acres and that the application of Barnside Construction Corp. for rezoning be amended accordingly. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby consents to the request of Barnside Construction Corp. to amend its zoning application dated January 16, 1997 to increase the size of the parcel to be rezoned from 2.076 acres to 2.479 acres, more particularly described in Schedule "A" attached hereto, and that the application heretofore submitted be deemed so amended. 2. The Town Clerk is hereby directed to forward a copy of this resolution to the Planning Board and all other interested agencies heretofore given notice of the rezoning. 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 Vincent Bettina, Councilman voting Aye Joseph Ruggiero, Councilman voting Aye Robert Valdati, Councilman voting Aye June Visconti, Councilwoman voting Absent The Resolution is hereby duly declared adopted. UNFINISHED BUSINESS Several reports from Al Roberts, Attorney to the Town. The first concerns the Proposed Combined Water Improvement Area. In reviewing his file regarding the acquisition of the Atlas Water Company, Mr. Roberts informed the Board that the purchase was not made by the "Town", but rather by the North Wappinger Water District, the Wappinger Water Cranberry Improvement Area, and the Myers Corner II Water District. The total price for the acquisition was $525,000. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Ruggiero 12 f 0, 042897.RGM ' Motion Unanimously Carried The second report submitted by Mr. Roberts concerns the Town of Wappinger with Dutchess County Water and Waste Water Authority Grant of $4,000. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Highway Superintendent Graham Foster presented bids for two trucks for the Highway Department. Mr. Foster recommends we award the cab and chassis bid to Healey International for $89,790.00, which was the only bid received, and recommends we award the bid for the truck equipment to Dutchess County Diesels for $77,918.00 COUNCILMAN BETTINA moved to table Mr. Fosters recommendation at this time. Seconded by Mr. Valdati Motion Unanimously Carried At the last meeting the Town Board authorized Leggette, Brashears & Graham, Inc., to send a proposal to prepare a work scope and cost estimate to develop two additional test wells at the Atlas Well Field. Mr. Cusack,CPG Associate for LGB, sent two Quick Start contracts for the Phase II work scope and a copy of the 1997 Fee Schedules. Mr. Paggi, Engineer to the Town received the proposals today at 4:16 PM. Mr. Paggi went over all the work that would be performed by LGB and estimated the costs to be between $116,000 to $127,000. Mr. Paggi suggested the Town Board review the proposal between now and May 7th. Mr. Paggi received the proposal late in the day and would like more time to go over it. COUNCILMAN BETTINA moved to table to May 7th for further review by the Town Board. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Al Roberts, Attorney to the Town, with an update on the Town of Wappinger with the Estate of Samuel Seigel. As of this moment there appears to be a major title defect and the legal department of Commonwealth has declined to issue title insurance. Mr. Roberts will be working with the legal department of Commonwealth as well as the attorney for the estate in order to get this matter resolved, and will keep the Board posted. COUNCILMAN RUGGIERO moved to accept the correspondence and place is on file. Seconded by Mr. Bettina 13 042897.RGM Motion Unanimously Carried A report from Jay Paggi, Engineer to the Town in reference to the Clean Water/Clean Air Bond Act of 1996 Solid Waste Municipal Landfill Closure Project Castle Point Landfill. As you are aware, his office has been working towards the closure of Castle Point Landfill. Part of the work is to 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 NYSDEC 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. In our follow- up work our office had a telephone conversation with Mr. Dave Blackman of the NYSDEC pursuant to the above referenced matter. He stated that since our previous application for state assistance submitted on December 12, 1995 was "tabled" due to insufficient funds, additional monies have become available for the program via the Clean Water/Clean Air Bond Act of 1996, and the United States Environmental Protection Agency funds. Since we have already submitted an application, no further action will be required by the Town at this time. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried At this time Mr. Foster, Highway Superintendent wished to have a clarification regarding the Clean-up, A resident called his office and said she was told we are picking up swimming pools. We have clearly stated that we do not pick up plastic. The piles are atrocious, they have everything in them and we are going to have to sort through and take out these items and leave everything else and we are going to put a big burden on Mr. Close. SUPERVISOR SMITH explained, when a resident calls, she reads off the list as stated in the letters. We are sticking to the list. COUNCILMAN RUGGIERO receive a phone call from a resident on Roberts Lane in regard to the drainage problem we had there last summer. What is the status. SUPERVISOR SMITH said the Insurance Company has denied it for the second time. The resident was also questioning the storm Bertha, there some Federal monies available to the town for this. SUPERVISOR SMITH gave forms to the residents and we mailed it in for them, and any monies that were available to them we would contact them. Mr. Ruggiero 14 042897.RGM requested to get this moving again. SUPERVISOR SMITH said she would put this on a workshop. COUNCILMAN VALDATI, requested Mr. Close, the Zoning Administrator to investigate the closed gas station on the corner of Old Hopewell Road and Route 9. It is unsightly and may be dangerous. COUNCILMAN VALDATI on the storm. Asked Mr. Foster, if he spent extra money as far as the clean up went. Mr. Foster answered that he is still pulling funds out of his budget. SUPERVISOR SMITH informed the Board that we have been working with Assemblyman Miller and the Dutchess County Disaster Preparedness they were going to try and get money from them. We ended up with $62,000 for the overtime and rental equipment. Mr. Foster said he has been able pay for the clean-up out of his budget. COUNCILMAN VALDATI that a notice from the DC Department of Public works informing the Town that is necessary for them to close the entire length of Creek Road for 2 1/2 months as it is undergoing reconstruction improvements. It will close on May 5, 1997. NEW BUSINESS The last item for the Boards consideration is from Andy Metzger, for Phase 2, requesting a performance bond be issued in lieu of a Letter of Credit. SUPERVISOR SMITH recommended this matter be tabled because several items not having been completed. COUNCILMAN BETTINA moved to table the request at this time. Seconded by Mr. Ruggiero Motion Unanimously Carried SUPERVISOR SMITH wished to commend Mr. Foster and his men on the fine job they have done picking up all the brush from the storm. The have been working long hours and done an excellent job. At this time Mr. Vic Fanuele of Wildwood Drive was recognized by the Board and addressed the Board in regard to getting a noise meter to check out the noise level near his home. The landscapers come around at all times during the day to mow the lawns and use the leaf blowers for hours at a time to clean up. SUPERVISOR SMITH will have Mr. Close, the Zoning Administrator, look into the cost to purchase a noise meter. GRAHAM FOSTER, received a letter from C.N.A., the Insurance Company, that carry Workers Compensation for Highway. They asked about light duty at the Highway Department. He has never seen a formal policy for light duty at the Highway Department. We have always said informally, we don't have "light duty". This was done many years ago before his term at the Highway Department. There is a place for "light duty" for temporary work. The Union does not have a problem with it. It could return employees back to work 15 VA 042897.RGM sooner from illnesses or Workers Comp. If the Board does not have a problem, he would like authorization to inform the Insurance Company that we will accept "light duty" for periods of time at his discretion. COUNCILMAN RUGGIERO moved to authorize "light duty" work for the men at the Highway Department on an experimental basis for six months. before initiating the policy. Seconded by Mr. Valdati Motion Unanimously Carried At this time Mr. Keith Gullery of Cooper Road was recognized by the Board and spoke in reference of the letter he received regarding the Town Clean-up. He has been cleaning up the sides of the road for twelve years. There have been a few problems with dumping on the side of the road. He has tried to catch the people and has also notified the police. There is a lot of debris along Smithtown Road. He would like to have permission to dispose of the debris if he and his neighbors volunteer to clean up. It reflects on the trailer park where he lives. Supervisor Smith said if he cleans it up and notifies the Town, she will call Royal Carting that he is coming. Mr. Foster informed the Board that Mr. Gullery has been doing an operation Clean Sweep for years, and in the past he has been able to accept everything, but this year there have been some limitations. COUNCILMAN RUGGIERO moved to authorize Mr. Gullery to dispose all the debris collected from the side of the road to Royal Carting, at Town expense. Seconded by Mr. Bettina Motion Unanimously Carried There was no other Business to come before the Board. COUNCILMAN RUGGIERO moved to close the Town Board Meeting, Seconded by Mr. Bettina and Unanimously Carried. The Town Board Meeting closed at 9:45 P.M. Elaine H. Snowden Town Clerk 16