1995-03-27 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MARCH 27, 1995
7:30 P.M.
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. Accept Minutes: Feb. 27, '95 Reg.
4. REPORTS OF OFFICERS: Sup/Compt Town Justices Rec, of Taxes
Bldg. Insp. Zng. Adm. Dog Control Officer - Rec. Comm. Annual Repor
5. PETITIONS & COMMUNICATIONS
a. Notice of intent to renew Liquor Lic. by Elks Lodge #2609, Rte 376
b. Resignation of Marlene Mills from position as Assessors Aide
c. Maryann Gondolfo, Chelsea Postmaster, request for P.O. direction Sign
d. David AVenius, Asst D.CO. Exec., re: Local Law of Public Assembly
Advising that the County of Dutchess is the Promotor of the
Great Hudson Valley balloon Races
e. Michael Calenti, Barger,Day & Oswald, re: Water Service to Lot on
Montfort & Gold Rds
f. Linda Smith, Ex. Dir. ARC, notification of series of "Open Houses"
at each of their sites.
g. Frederick P. Clark Assoc. by Daniel Wery re: Old Troy Rd.
Archaeological Study Estimates
h. R. Holt, Rec. Ch. requests for P.O.'s (1) Marking Chalk -$2,000
(2) Portajohns $2,500 (3) cost to take down dead trees at Lenny C:.
on Conservation District Property.•�sr��
i. Requests for return of escrow funds from: (1) Contrail Associates
(Flavormatic) $128.41 (2) Margaret Maher, 1,538.52
j. J. Paggi, Eng, to Twn. Reports: (1) Fleetwood District Water Rate
Analysis (2) Central Wappinger Water Rates Analysis (3) DeRario,
Drainage (4)Road re -alignment project Wheeler Hill Rd.+cP,'-, D °;`_
k. Memo ;rom M. Tremper, Camo, re: Water consu'ption Reports for Fleet170od
Water District
1. Daniel O'Connor, D.Co. Health Dept. re: Castle Point Recreation
Park Rest rooms project approval
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
H. Levenson Report
8. RESOLUTIONS
a. Bids for Wappinger Sewer Transmission/Treatment Imp. Area Phase II
Contract 2-2E
b. Bids for Recreation Dump Truck
c., Bids for Highway Sweeper fcl,I
d. Request for Budget Transfers from A. Buckley
e. Approve Second Amendment to Tri -Municipal Agreement Dated 7/10/91
& Authorize the Supervisor To sign
f. Resolution for Tri-Municipal/Contract Amendment authorizing award
of Contracts #1 and #2.
g. Introduce Local Law for Senior Citizen Tax Exemption ama-ndment and
set Public Hearing
h. Approve Village/Town Water Supply to Town Highway Dept. and
Authorize Supervisor to sign
i. Bids for Castle Point Water and Sewer Recreation Park Rest Rooms
9. UNFINISHED BUSINESS
Vilma Mercado/John Bozentko
10. NEW BUSINESS
11. ADJOURNMENT
Water problem in Easement along property
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The Regular Meeting of the Town Board of the Town of Wappinger
was held on March 27, 1995 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
vow Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Albert Roberts, Attorney to the Town
Joseph E. Paggi, Jr., Engineer to the Town
Graham Foster, Highway Superintendent
Herb Levenson, Zoning Administrator
The Supervisor asked all to join in the Pledge of Allegiance to
the Flag at the commencement of the Meeting.
MINUTES
The Minutes of the Regular Meeting of February 27, 1995 having
previously been forwarded to the Board Members, were placed
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before them for their consideration.
COUNCILMAN RUGGIERO stated there was an error on page 9 of the
minutes that needed correcting. The word, term was
omitted when referring to the expiration of the term of Mr.
_ Hirkala.
COUNCILWOMAN VISCONTI moved that the above stated Minutes as
submitted by the Town Clerk be and they are hereby approved as
corrected.
Seconded by Mr. Incoronato
Motion Unanimously Carried
REPORTS OF OFFICERS
Reports for the month of February were received from the
Supervisor/Comptroller, Town Justices, Receiver of Taxes,
Building Inspector, Zoning Administrator, Dog Control Officer,
Recreation Committee Annual Report. Also filed with
the Town Clerk was the Supervisors Annual Report which had been
filed on February 28, 1995 and be it so noted that the report
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a
again was filed early.
COUNCILWOMAN VISCONTI moved to accept the above stated reports
and place them on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
PETITIONS & COMMUNICATIONS
A Notice of intent to renew its liquor license was received from
the Wappingers Lodge No. 2609 Benevolent and Protective Order of
Elks located on Route 376.
COUNCILWOMAN VISCONTI moved to accept the notice of intent to
renew the liquor license of the Wappingers Lodge No. 2609
Benevolent and Protective Order of Elks and place it on file
with no comments.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The resignation of Marlene Mills from the position as Assessors
Aide was received, effective March 17, 1995.
COUNCILMAN VALDATI moved to accept the resignation of Marlene
Mills as Assessors Aide and issue a letter of appreciation for
all her years of service to the Town of Wappinger.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
At this time, SUPERVISOR SMITH requested authorization from the
Board to offer a beginning salary of $15,500.00 for the
position of Assessors Aide rather than the normal starting
salary of $13,000.00. Mrs Smith is having difficulty getting
someone interested in the position of Assessors Aide at
$13,000.00. Mrs. Smith had Dutchess County Personnel do
research on this position and $15,500.00 seems to be the going
salary for this position. 'i
COUNCILWOMAN VISCONTI moved to authorize the Supervisor to offer
a beginning salary of $15,500.00 for the position of Assessors
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Aide.
Seconded by Mr. Incoronato
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Motion Unanimously Carried
Next is correspondence from Maryann Gondolfo, Chelsea Postmaster
requesting POST OFFICE Directional Signs be erected off Route
9D. Mrs. Smith informed the Board that Ms. Gondolfo was
reminded that it is a State Intersection. She was refused by
the State, and once more is requesting the Town to erect a sign.
She is writing again to the Town.
COUNCILWOMAN VISCONTI moved to authorize the Supervisor send a
letter to Maryann Gondolfo informing her once again, that it is
a State Road and not in our jurisdiction.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Next is correspondence from David Avenius, Assistant to the
County Executive advising the Town that the County of Dutchess
is the Promoter of the Great Hudson Valley Balloon Race to be
held at the Dutchess County Airport on May 12, 13, 14, 1995,
and should to be exempt from application fees per Section 4.1 of
Local Law #10 of the Year 1975, amended Local Law #2 of the year
1994. Mr. Avenius is formally requesting, as a Representative
of the County of Dutchess, that the fee for this permit,
(Assembly of Persons in Public Places) be waived.
COUNCILMAN VALDATI moved to waive the application fee for the
County of Dutchess as the Promoter of the Great Hudson Valley
Balloon Race to be held on May 12, 13, 14, 1995.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A letter from Michael Calenti, of Barger, Day & Oswald who
is retained by Mr. Mark Schwebel to design a septic system and
look into water service for Mr. Schwebel. The lot in question
is located on the corner of Montfort and Gold Roads. A design
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has been provided to the Dutchess County Health Department and
has been approved, pending a letter from the Town stating they
agree to provide water service.
COUNCILWOMAN VISCONTI moved to authorize a letter be sent to the
Dutchess County Health Department stating that the Town will
agree to provide water service for lot #19-6358-01144515.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Next, correspondence from Linda P. Smith Executive Director of
ARC, inviting the Town to Open Houses at several sites in order
to help the Town become familiar with their programs, services
and businesses.
COUNCILMAN VALDATI moved to accept the correspondence and place
it on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Correspondence from Frederick P. Clark Associates, Inc., in
reference to a preliminary archaeological study of Old Troy
Road. Their Office is authorized to assist Paggi & Martin with
the environmental review of the proposed realignment of Old
Troy Road. Due to the location of the affected area within the
Wheeler Hill Historic District, it was recommended by OPRHP to
conduct a preliminary archaeological survey of the area to be
disturbed by the project. Two estimates were obtained to
conduct a Stage 1 archaeological study of the area involved in
the proposed realignment of Old Troy Road. The first estimate,
from Jay Cohen which would cover Phases A and B of the Stage 1
study for a price not to exceed $1,050.00. The second estimate
from City/Scape is for Stage 1A only, for an estimated price of
$1,200.00. It is noted that Gail Guillet of City/Scape feels it
may not be necessary to do a complete Stage 1A survey. Given
the cost estimates, the proposed scope of services and his
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recent experience in the area, they recommend that the Town
consider using Jay Cohen to do the survey work.
COUNCILMAN VALDATI moved, based on the recommendation of
Frederick Clark Associates to award the Bid for the Old Troy
Road Archaeological Study to Jay Cohen, they being the lowest
Bid, and authorize the Supervisor to sign.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Three Purchase Orders were Submitted for approval by Mr. Ralph
Holt, Chairman of the Recreation Department. The first Purchase
Order is to Windsor Building Supply in the amount of $2,000.00
for Marking Chalk for lining athletic fields at Robinson Lane,
Rockingham Park, Castle Point & Quiet Acres.
COUNCILWOMAN VISCONTI moved to approve the Purchase Order for
Windsor Building Supply in the amount of $2,000.00 for Marking
Chalk.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The second Purchase Order is to Enviro Clean Porta Potty in the
amount of $2,500.00 for rental of portajohns for various
recreation areas for the 1995 season.
COUNCILMAN VALDATI moved to approve the Purchase Order to Enviro
Clean Porta Potty in the amount of $2,500.00 for rental of
portajohns for various recreation areas for the 1995 season.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The third Purchase Order is for $300.00, the cost to take down
dead trees on Conservation District property off Lenny Court.
There is some concern that the trees may fall and damage the
adjacent property at Lenny Court which is owned by Robert Morris
of 8 Red Oak Lane, Fishkill.
COUNCILMAN INCORONATO moved to approve the Purchase Order for
$300.00, the cost to take down dead trees off Lenny Court.
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Seconded by Mrs. Visconti
Motion Unanimously Carried
Next are several requests for the return of escrow funds from
(1) Conrail Associates (Flavormatic) $128.41. (2) Margaret
Mahar $1,538.52.
COUNCILMAN RUGGIERO moved to table these requests at this time.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Several Reports were submitted from Engineer to the Town Jay
Paggi. The first report was an analysis of the rate structure
of Fleetwood Water District to determine if a lowering of the
minimum charge would substantially effect the district and what
the overage would be if the minimum were lowered. It would be
his recommendation that the minimum charge should be left at
$35.00 and raise the overage to $2.50 per thousand gallons for
1996. Mr. Paggi also recommends that the person that uses
14,000 gallons would be charged $35.00, but the person that
used 30,000 be charged $75.00 or 214% over that amount. Mr.
Paggi also recommends that a like analysis be prepared for the
other sewer/water districts to bring them consistent with the
current cost and usage data.
COUNCILMAN INCORONATO moved to accept Mr. Paggi's recommendation
that the minimum charge be left at $35.00 and raise the overage
to $2.50 per thousand gallons for 1996 for Fleetwood Water
District.
Seconded by Mrs. Visconti
Motion Unanimously Carried
There was some discussion after the vote and it was decided that
before any action was taken, an information meeting and workshop
were in order.
COUNCILMAN INCORONATO moved to rescind the above recommendation
and table to a workshop.
Seconded by Mrs. Visconti
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Motion Unanimously Carried
The next report was a rate analysis of the Central Wappinger
Water Improvement.
COUNCILMAN INCORONATO moved to table this report to a workshop.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The third report from Mr. Paggi concerned the drainage situation
of Michael DeRario, 16 Gold Road. After much discussion the
Board felt this is a private matter and the Town should not get
involved.
COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith
send a letter to residents involved, stating this is a private
matter.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Also submitted by Mr. Paggi, with his report, was a letter from
Jean Gunsch of the New York State Department of Transportation
regarding a request from the Town to lower certain streets to 30
MPH. Mrs. Gunsch states that it is not recommended as the
predominant characteristics of the roadway are conducive to
higher speeds. She recommends the use of warning signs in
isolated areas where a lower speed is suggested. Mr. Paggi
informed the Board that in areas being designed for
improvements, Widmer Road, Spook Hill Road, and Wheeler Hill
Road, he will design them for lower speed limits (ie: 30 MPH)
and place warning signs. When Mr. Paggi questioned attorney Al
Roberts if this would protect the Town from a legal
perspective, Mr. Roberts answered, yes.
COUNCILMAN RUGGIERO moved to authorize Supervisor Smith send a
letter to Ms. Gunsch stating exception to the denial and asking
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them to reconsider.
Seconded by Mr. Valdati
Page 7
Motion Unanimously Carried
950327.RGM
Mr. Valdati, suggested that the Supervisor should also request a
visual study of the roads in question in her letter to Ms.
Gunsch. Mr. Paggi requested Mr. Roberts to do some
research on this in the interim in case request denied, the Town
would have something to fall back on.
The last report from Mr. Paggi concerned the Wheelerhill Road
Realignment Project. Mr. Paggi submitted his proposal and
subsequent construction cost for this project.
COUNCILMAN INCORONATO moved to table this report.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Next is a Memo from Camo Pollution Control Inc. regarding the
Water Consumption reports for the Fleetwood Water District.
COUNCILWOMAN VISCONTI moved to accept the memo from Camo
Pollution and place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Lastly, Correspondence from Daniel O'Connor of the Dutchess
County Health Department advising the Town of their approval for
the Castle Point Recreation Park Rest Rooms project.
COUNCILWOMAN VISCONTI moved to accept the correspondence from
Mr. O'Connor and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COMMITTEE REPORTS
COUNCILMAN RUGGIERO had no reports at this time.
COUNCILMAN VALDATI, regarding gravel on roads. They present a
dangerous, situation at several intersection, namely, Middlebush I J
& Route 9 and Myers Corners & Route 9. Mr. Valdati realizes
some are not Town roads. Is there a way that we can induce
correspondence to take care of this. Mr. Foster said he would
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contact the State for help to clean up these dangerous areas.
COUNCILMAN INCORONATO had no reports at this time.
COUNCILWOMAN VISCONTI had no reports at this time.
SUPERVISOR SMITH announced that as of April 15, 1995 the Town
will be have two (2) drop off locations to recycle used dry cell
household batteries. One Bin at the Town Hall, and another Bin
16— at the Highway Department recyling center.
SUPERVISOR SMITH also informed the Board that she attended the
Press Conference where the announcement was made that Laerdal
Medical Corporation will be moving into the vacant 920 IBM
building on Myers Corners Road. They will be in by August of
1995. Some of the renovations have been started, they will
be meeting with the ZBA, and next week they will be meeting
with the Planning Board with their site plan.
SUPERVISOR SMITH also announced that Eagle Scout, Kenneth
Halkowski, will be working on the cemetery on Robinson Lane,
cleaning it up and fixing the wall.
arco for the fine job he and a
SUPERVISOR SMITH thanked Hank D1M �
friend did in cleaning the Middle section on Route 9 in the Town
of Wappinger. They go out on Saturdays. It is greatly
appreciated, Hank.
MRS. SMITH also informed the Town Board that she signed a
Disposition against the Poughkeepsie Journal, they are being
sited for littering. She requested other Board members also
sign Dispositions.
BONDS & LETTERS OF CREDIT
Mr. Levenson submitted his monthly report on the schedule of
Bonds and Letters of Credit for the various subdivisions, the
amounts, expiration date and call up date.
COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's report on
the schedule of Bonds and Letters of Credit and place on file.
Seconded by Mr. Valdati
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Motion Unanimously Carried
There was also some discussion on the Tomasic Rezoning.
Request was approved by the Planning Board, subject to approval
of DCDPW. This item will be addressed further at a workshop.
RESOLUTIONS
The first Resolution for the Boards consideration was to award
the Bids for the Wappinger Sewer Transmission/Treatment
Improvement Area, Phase II Contract No. 2 and 2E.
COUNCILMAN VALDATI moved to table this item for a Special Town
Town Board Meeting.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Bids for the Dump Truck for Recreation were opened on March 13,
1995. Two Bids were received. Pal Chevrolet for $24,929.00
and Healy International for $26,200.00. The Recreation
Committee recommends that the Bid be awarded to Pal Chevrolet,
they being the lowest Bid.
COUNCILMAN RUGGIERO moved to award the Bid for the purchase of
the Dump Truck to Pal Chevrolet for $24,929.00, they being the
lowest Bid.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The next item for the Board consideration was for the purpose of
awarding the bid for the Highway Sweeper.
COUNCILMAN RUGGIERO moved to table this until specs are received
for the Highway Sweeper from Mr. Foster.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A request from Ann Buckley, Comptroller for permission for the
following Budget transfers:
A FUND - MOVE $60,000 FROM FUND BALANCE TO APPROPRIATED FUND
BALANCE;
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INCREASE EXPENDITURE LINE ITEM A7110.22 IMPROVEMENTS TO AIRPORT
PARK; TRANSFER MONIES FROM PARKLAND DEPOSIT TRUST. $50,000.00
WAS APPROVED LAST YEAR BY TOWN BOARD.
Motion Unanimously Carried
There was some discussion regarding the Soccer Fields at Airport
Park. The Board felt that Town residents should have first
choice, then if there are any openings, residents from other
areas be allowed in.
COUNCILWOMAN VISCONTI moved to authorize Mrs. Smith to send a
letter to the soccer people requesting the following items;
roster, budget, plan of action.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
164W
COUNCILWOMAN VISCONTI moved to authorize Engineer to the Town
Jay Paggi go to Bid for Phase I of the Soccer Fields at Airport
Park.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Page 11
BUDGET
AMENDMENT
EXPENDITURE INCREASE *A7110.22
$110,000.00
REVENUE INCREASE A2089
50,000.00 OTHER CULTURE & REC
�hr
INCREASE A599
60,000.00 APP.FD BALANCE
(* NEW ACCOUNT TO
TRACK AIRPORT PARK)
TO DO WORK AT AIRPORT
PARK FOR SOCCER FIELDS
B FUND - INCREASE APPROPRIATED
FUND BALANCE TO DO TOWN ROAD
STUDY & ATLAS AQUIFER ANALYSIS.
BUDGET AMENDMENT:
EXPENDITURE INCREASE
ENGINEER B1440.4
$17,000.00 TOWN ROAD STUDY
ENGINEER B1440.4
40,000.00 ATLAS AQUIFER ANALYSIS
APPROPRIATED FUND BALANCE B599
57,000.00
COUNCILWOMAN VISCONTI moved to
authorize the Budget Transfers
as requested by the Comptroller, Ann Buckley.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
There was some discussion regarding the Soccer Fields at Airport
Park. The Board felt that Town residents should have first
choice, then if there are any openings, residents from other
areas be allowed in.
COUNCILWOMAN VISCONTI moved to authorize Mrs. Smith to send a
letter to the soccer people requesting the following items;
roster, budget, plan of action.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
164W
COUNCILWOMAN VISCONTI moved to authorize Engineer to the Town
Jay Paggi go to Bid for Phase I of the Soccer Fields at Airport
Park.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
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COUNCILWOMAN VISCONTI moved to approve the following second
Amendment to the Tri -Municipal Agreement dated 7/10/01,
authorize the Supervisor to sign
Contracts 1 & 2.
Seconded by Mr. Incoronato
and authorize the Awarding of
Motion Unanimously Carried
SECOND AMENDMENT TO AGREEMENT DATED JULY 10 1991
THIS AGREEMENT, made this 27th day of March, 1995, between
the Town of Poughkeepsie and the Village of Wappingers Falls
TRI -MUNICIPAL SEWER COMMISSION, a Commission formed pursuant to
Article 5G of the General Municipal Law of the State of New
York, which commission has its office and principal place of
business located on Sheafe Road, Town of Poughkeepsie, Dutchess
County, New York (hereinafter referred to as the "Commission"),
and THE TOWN OF WAPPINGER acting for itself and for and on
behalf of the WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT
Phases I and II, (hereinafter to as the WST/TI) a municipal
corporation of the State of New York, with an office and
principal place of business located at 20 Middlebush Road, Town
of Wappinger, Dutchess County, New York (hereinafter referred to
as the "Town"),
WITNESSETH:
WHEREAS, the parties hereto have entered into an Agreement
dated July 10, 1991 to expand the Commission's waste water
treatment facility pursuant to Article 5G of the General
Municipal Law; and
WHEREAS, the parties hereto by agreement dated September 1,
1994 amended said July 10, 1991 Agreement to permit and provide
for the early entry and treatment of effluent from the Town's
Oakwood Knolls Sewage Treatment Plant prior to the completion
date of the expansion called for in the original July 10, 1991
Agreement; and
WHEREAS, said Agreement dated September 1, 1994 provided
for a financing plan to enable the Town to utilize the New York
State Environmental Facilities Corporation Long Term Financing
Agreement and said Agreement set forth and provided for specific
dates by when the Long Term Financing Agreement was to be in
place to permit the Commission to enter into the contracts for
expansion; and
WHEREAS, following the advertisement for public bids the
contract prices were determined to be in excess of the Long Term
Financing Agreement amounts; and
WHEREAS, the Commission has awarded Contracts Nos. 3 and 4
for the commencement of construction of the Plant expansion
pursuant to the July 10, 1991 Agreement and has obtained from
the other successful contractors commitments to maintain their
bids on Contract Nos. 1 and 2 through April 1, 1995; and
WHEREAS, the Town has received approval from the Department
of Audit and Control for an additional $2.6M of bonding and has
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950327.RGM
submitted an application to Environmental Facilities Corporation
for the additional amount: and
WHEREAS, the Environmental Facilities Corporation contract
documents will be signed on or about April 24, 1995 with the
final closing to place on June 27, 1995; and
WHEREAS, there currently is available to the Commission
$4.7M to fund Contract Nos. 1 and 2 and the Town has committed
and reaffirms its obligations to provide the balance of funding
for said Contract Nos. 1 and 2.
NOW THEREFORE, it is agreed as follows:
I. The parties hereto understand and agree that all the
terms of the Agreement of July 10, 1991, and the Amendment to
said Agreement dated September 1, 1994 other than those terms
specifically amended pursuant to this Agreement still are in
full force and effect and that all terms, including method of
payment and mode of payment, are hereby reaffirmed and will be
adhered to by the parties.
II. Pursuant to the terms of this amendment, Paragraph X
of the September 1, 1994 Agreement hereby is amended as follows:
1. The Town hereby warrants that it has in place and
available to the Commission Long Term Financing Agreements with
the Environmental Facilities Corporation in the amount of $8.5M
(Long -Term PFLA SRF Project No. 5306-02) available to the
commission and sufficient to pay in full the total cost of all
contracts awarded to date, namely, Contract Nos. 3 and 4 which
are for the construction which is the subject of the July 10,
1991 and September 1, 1994 Agreements.
2. The Town also warrants that the balance of funds
available under the Long Term Financing Agreement (PFLA SRF
project No. 5306-02) currently available to the Commission for
the payment of Contract Nos. 1 and 2 is $4.7M.
3. The Town hereby warrants that it has, by Resolution
dated February 27, 1995, a copy of which is annexed hereto as
Exhibit "A", adopted a bonding resolution to increase the amount
of the Long Term Financing Agreement by $2.6M for a total of
$11.1M to be available to the Commission.
4. The Town hereby further warrants that the new total
Long Term Financing Agreement will contain the same language
incorporated into the current Long Term Financing Agreement
(PFLA SRF Project No. 5306-02) which will permit the Commission
to draw down directly on said funds as outlined and set forth at
length in Exhibit "A" to the September 1, 1994 Agreement.
5. The Town warrants that it has submitted to the
Environmental Facilities Corporation an application for the
subsidized interest rate loans as evidenced by the application
annexed hereby as Exhibit "B".
6. The Town further warrants that it has received approval
from Environmental Facilities Corporation as evidenced by the
completed application notice annexed hereto as Exhibit "C", and
that contract documents are to be signed on or about April 24,
1995 and the final loan closing to be held on June 27, 1995.
7. The Commission, based upon these representations and
warranties of the Town hereby agree to award Contracts Nos. 1
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and 2, which contract price awards have been extended by the
contractors through April 1, 1995.
8. Should said second Long Term Financing Agreement (with
said terms) not be operative on or before July 1, 1995 or should
said Long Term Agreement not contained terms which allow direct
draw down by the Commission nor be available to the Commission
on said date; then the parties agree that such circumstances
automatically will trigger Paragraph IX D(1) of the July 10,
1991 Agreement. The Town immediately will then sell the
appropriate bond anticipation notes or bonds to cover the
balance of the costs required for the completion of the project
and deposit same pursuant to said Paragraph IX D(1). It
distinctly is understood that this provision of the contract is
critical and the failure of the Town to immediately deposit the
appropriate funds for completion of the project with the
commission will be a breach of this Agreement and the Agreements
dated September 1, 1994 and July 10, 1991 unless the Town
immediately shall deposit said funds to the account of the
Commission pursuant to Paragraph IX D(1) of the July 10, 1991
Agreement. No further construction work or costs will be
incurred by the Commission until such time as said funds are
deposited. The Town will be liable for any damages resulting to
third parties or the Commission as a result of the Town's
failure to immediately deposit said funds with the Commission.
9. Notwithstanding anything herein contained to the
contrary, it distinctly is understood that this Agreement will
not be binding on the Commission, the Town of Poughkeepsie and
the Village of Wappinger Falls until such time as both the
Village of Wappingers Falls and the Town of Poughkeepsie pass a
Resolution to the effect approving this Agreement.
The Following Resolution was moved by COUNCILWOMAN VISCONTI and
seconded by Councilman Incoronato.
WHEREAS, pursuant to Article 5G of the General Municipal
Law the Town Board, on behalf of the Wappinger Sewer
Transmission/Treatment Improvement (WST/TI), has entered into an
Agreement dated September 10, 1991 with the Tri Municipal Sewer
Commission (Commission), to expand the Commission's Waste Water
Treatment Facility so as to treat 1,000,000 gallons of sewage
per day generated from WST/TI; and
WHEREAS, the Town Board has duly adopted a Resolution dated
May 29, 1991 authorizing the issuance of $17,020,000 Serial
Bonds of the Town to pay for the costs of the construction of
the facilities necessary to transport the sewage from WST/TI and
to expand the facilities at the Commission's Waste Water
Treatment Facility; and
WHEREAS, the Commission solicited bids seeking proposals
for the furnishing of material and labor to construct the
1,000,000 gallon per day expansion of the Commission's Waste
Water Treatment Facility, as identified in four separate
contract proposals; and
WHEREAS, the Commission has determined that the lowest
responsible bidders for each of the above referenced contracts
were as follows:
1. Contract #1 - Carlin Contracting Co., Inc. $4,734,300.00
2. Contract #2 - Tri -Co Electric Corp. 285,320.00
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950327.RGM
3. Contract #3 - Schultz Construction, Inc. 2,096,500.00
4. Contract #4 - Tr -Co Electric Corp. 227,690.00
WHEREAS, as of November 1, 1994, out of the original
$17,020,000.00 original bond authorization there remained
approximately the sum of $7,150,000.00 in unexpended funds for
completion of the construction of the expansion of the sewer
plant, which sum was insufficient to pay for the sum total of
the four lowest bids; and
WHEREAS, by Resolution dated November 7, 1994, the Town
authorized the Commission to award contracts #3 and #4
identified above; and
WHEREAS, the Town of Wappinger applied for and received
permission from the New York State Comptroller to increase the
bond authorization necessary to fund the costs of construction
of this project from the sum of $17,020,000.00 to the sum of
$19,630,054.00; and
WHEREAS, the Town Board duly adopted a Resolution dated
February 27, 1995 increasing the bond authorization from the sum
of $17,020,000.00 to the sum of $19,630,054.00; and
WHEREAS, the Town has agreed arrangements with the
Environmental Facilities Corporation (EFC) to finance the
additional sum of $2,610,054.00 through the NYS Revolving Loan
Fund (SRF), or to issue bond anticipation notes in the event the
loan with EFC for SRF funds does not close by July 1, 1995; and
WHEREAS, the Town desires that the Commission authorize and
award contracts #1 and #2 identified, consistent with existing
bond authorizations; and
WHEREAS, the Agreement dated July 10, 1991 above
referenced, was amended by an Agreement dated September 1, 1994,
which amendment provided for the early entry and treatment of
effluent from the Town's Oakwood Knolls Sewage Treatment Plant
prior to the completion date called for in the original July 10,
1991 agreement; and
WHEREAS, the Town and the Commission agree to further amend
the Agreement dated July 10, 1991 by a second amendment to that
Agreement dated the 27 day of March, 1995 to implement the terms
of this Resolution as herein set forth.
NOW, THEREFORE BE IT RESOLVED as follows:
1. The Town Board determines that the sum total of the
Four Contracts necessary to finance the construction of the
1,000,000 gallon expansion of the Commission's Waste Water
Treatment Facility is in excess of sum of $7,346,810.00.
2. The Town Board determines that is has duly adopted
bond authorizations for funds in amounts necessary to complete
the construction of the expansion of the Commission's Waste
Water Facility.
3. Pursuant to recommendation received from the
Commission and its Engineers, the Town Board hereby directs the
Commission to award contract #1 to Carlin Contracting Company,
Inc. for the sum of $4,734,300.00 and to award contract #2 to
Tri Co Electric Corp. for the sum of $285,320.00.
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950327.RGM
4. The Town Board hereby reconfirms its commitment to
implement and pay for all the work and construction necessary to
complete the 1,000,000 gallon expansion of the Commission's
Waste Water Treatment Facility as expeditiously as possible.
5. The Town Board hereby authorizes and direct the Town
Supervisor to execute the second Amendment to Agreement dated
July 10, 1991 in substantially the form as attached hereto as
well as to execute any and all documents, applications or
instruments necessary to implement the directives contained in
this Resolution.
The question of adoption of the foregoing resolution was
duly put to a vote on roll call, which resulted as follows:
Constance Smith
Robert Valdati
June Visconti
Joseph Ruggiero
Joseph Incoronato
voting
Aye
voting
Aye
voting
Aye
voting
Aye
voting
Aye
The Resolution is hereby declared duly adopted.
The following Local Law was introduced by COUNCILMAN VALDATI
LOCAL LAW OF 1995
TOWN OF WAPPINGER
This Local Law amends the provisions of the following local
laws providing for partial tax exemptions of real property owned
by certain persons with limited income who are 65 years of age
or older by implementing the provisions of Chapter 991 of the
Laws of 1983, Chapter 756 of the Laws of 1986 of the Laws of
1992, and Chapter 261 of the Laws of 1994, Local Law No. 1 of
1967; Local Law No. 5 of 1977; Local Law No. 2 of 1980; Local
Law No. 6 of 1980; Local Law No. 7 of 1982; Local Law No. 8 of
1983; Local Law No. 4 of 1986; Section 2 (b) of Local Law No. 4
of 1986; Local Law No. 3 of 1991; Local Law No. 11 of 1992.
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York as follows:
SECTION 1: Section 2(b) of Local Law No. 1 of 1967, as
amended by Section 2 of Local Law No. 5 of 1977, Local Law No. 2
of 1980, Local Law No. 8 of 1983, and Section 2 (b) of Local Law
No. 4 of 1986, Local Law No. 3 of 1991, and Local Law No. 11 of
1992 is further amended to read as follows:
Section 2(b): The income of the owner or the combined
income of the owners of the property shall not and may not
exceed the sum of seventeen thousand five hundred ($17,500.00)
Dollars for the income tax year immediately preceding the date
of making the application for exemption. The income tax year
shall mean the twelve month period for which the owner or owners
filed a federal personal income tax return, or if no such return
is filed, the preceding calendar year. Where title is vested in
either the husband or the wife, their combined income may not
exceed such income. Such income shall include social security
and retirement benefits, interest, dividends, net rental income,
salary or earnings, and the net income from self-employment, but
shall not include a return of capital gifts or inheritances.
Rental income and self-employment shall not be reduced by an
allowance for depreciation.
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950327.RGM
SECTION 2: Section 2(c) of Local Law No. 8 of 1983,
Local Law No. 4 of 1986, Local Law No. 3 of 1991, and Local Law
No. 11 of 1992 is hereby amended to read as follows:
Section 2(c): If the income of an eligible property owner
or the combined income of the owners of the property exceeds the
sum of $17,500.00 for the income tax year immediately preceeding
the date of making the application for tax exemption and is not
greater than $24,999.99, said owner shall be entitled to a
partial exemption as follows:
INCOME NET EXCEEDING EXEMPTION
r $ 0 -
17,500.00
50%
17,500.01 -
18,499.99
45%
18,500.00 -
19,499.99
40%
19,500.00 -
20,499.99
35%
20,500.00 -
21,399.00
30%
21,400.00 -
22,299.99
25%
22,300.00 -
23,199.99
20%
23,200.00 -
24,099.00
15%
24,100.00 -
24,999.99
10%
Section 3: This Local Law shall take effect immediately
upon filing as provided by Municipal Home Rule and shall be
applied retroactively from January 1, 1995.
The following Resolution was moved by COUNCILMAN VALDATI and
seconded by Mrs. Visconti.
WHEREAS, The Town Board granted a real property tax
exemption to the extent of 50% of the assessed valuation of real
property owned by persons over the age of sixty-five years whose
combined annual income does not exceed the sum of $16,500 in
enacting Local Law #11 of 1992 pursuant to the enabling
legislation of Chapter 166 of the Laws of 1992; and
WHEREAS, Chapter 166 of th Laws of 1992 has been amended by
Chapter 261 of the Laws of 1994 to provide for a higher maximum
income eligibility level and certain additional partial
exemptions;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption Local
Law # of the Year 1995 in the form annexed hereto.
2. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself LEAD
AGENCY PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6 PART
617-NYCRR.
3. The Town Board has caused to be completed Part 1 and
Part 2 of the short form EAF for this project in the form
annexed hereto.
4. The Town Board has reviewed the intended action with
respect to the criteria set forth in Part 617.11 NYCRR, and
hereby determines the intended action will not create any
significant adverse impacts on the environment and hereby issues
a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project.
5. The Town Supervisor is hereby authorized to execute
Part 3 of the short form EAF and the Town Clerk's further
Page 17
950327.RGM
directed to provide for the filing and distribution of same as
provided by law.
BE IT FURTHER RESOLVED, that the Town Board hereby
schedules a Public Hearing on the proposed adoption of Local Law
# of the Year 1995 to be held at the Town Hall on the
day of 1995 at o'clock in the afternoon and that the
Town Clerk is directed to post and publish notice of the Public
Hearing in the form annexed hereto.
The question of the foregoing Resolution was duly put to a
vote on roll call which resulted as follows:
Constance Smith
Robert Valdati
June Visconti
Joseph Ruggiero
Joseph Incoronato
voting
Aye
voting
Aye
voting
Aye
voting
Aye
voting
Aye
The Resolution was thereupon declared adopted.
SUPERVISOR SMITH moved to set a Public Hearing on April 10, 1995
at 7:00 P.M and a Special Town Board Meeting at 7:10 P.M. in
order to vote on the Local Law for the Senior Citizen Tax
Exemption Amendment.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The next item for the Boards consideration is to approve the
Village/Town Water Supply to the Town Highway Department, and
authorize the Supervisor to sign.
COUNCILMAN VALDATI moved to approve the Water Supply Contract of
March 17, 1995 between the Village of Wappingers Falls and the
Town of Wappinger on behalf of the Town of Wappinger Highway
Department and authorize the Supervisor to Sign.
Seconded by Mrs. Visconti
Motion Unanimously Carried
WATER SUPPLY CONTRACT
BETWEEN VILLAGE OF WAPPINGERS FALLS
AND
TOWN OF WAPPINGER ON BEHALF OF THE
TOWN OF WAPPINGER HIGHWAY DEPARTMENT
PURSUANT TO ARTICLE 5-G OF THE GENERAL MUNICIPAL LAW
WHEREAS, the Village owns and operates a water supply
system for the purpose of producing and providing water for the
residents of the Village; and
WHEREAS, the Town operates and maintains it Highway
Department on a parcel of land located on Old Route 9 in the
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950327.RGM
Town, which parcel is adjacent to the jurisdictional boundaries
of Village; and
WHEREAS, the Town has several buildings, garages and a salt
storage shed located at the Highway Department facility; and
WHEREAS, the only water supply to the Town Highway
Department parcel is by well water; and
WHEREAS, the Town seeks to procure a water supply from the
Village of Wappingers to be used for potable water service as
well as for fire fighting and other emergency services at the
Town Highway Department parcel; and
WHEREAS, the Village has agreed to supply the Town with
water to the Town Highway Department facilities for potable
water service as well as for the purposes of fire fighting and
other emergency services, as hereinafter set forth.
NOW THEREFORE, in consideration of the mutual promises and
covenants herein contained, the parties agree as follows:
1. CONNECTION: The Village agrees to provide a supply
of water to the Town for potable water service as well as for
fire fighting and emergency services purposes to be used solely
for the Town's Highway Department facilities located on Old
Route 9 in the Town, and adjacent to property now or formerly of
A&I Builders, Inc. located in the Village.
2. ENGINEER'S APPROVAL: The Village authorizes the
interconnection of the Village's water system to the Town's
Highway Department facilities by the construction of a eight
inch ductile iron pipe water main through property now or
formerly of A&I Builders, Inc. to the existing water main
located in Gilmore Boulevard South, pursuant to a map and plan
prepared by Paggi & Martin, Consulting Engineers, dated January
19, 1993 in Compliance with plans and specifications approved by
the Dutchess County Department of Health on March 1, 1995. The
plans and specifications for the construction details of the
interconnection, and the actual construction thereof shall be
done under the supervision and control of Paggi & Martin,
Consulting Engineers, or any successor engineer appointed by the
Village of Wappingers Falls Water Commission.
3. LIMITATIONS: The Town of Wappinger shall use the
water supply for potable water service and for the purposes of
fire fighting and other emergency services at the Town of
Wappinger Highway Department facilities located at Old Route 9,
Town of Wappinger, New York. No fire department serving the
Town of Wappinger will utilize the water system (hydrant) for
fire drilling or training, nor will any such fire department use
the water system to fill fire trucks or tankers or to fight
fires other than at the Town of Wappinger Highway Department
facilities.
4. GOVERNMENTAL REGULATIONS: The Town of Wappinger shall
own, operate, maintain, repair and use the eight inch ductible
iron pipe, interconnection in compliance with all rules,
regulations and laws of any municipal body having jurisdiction
of the premises, including the rules and regulations of the
Village of Wappingers Falls Water Commissioners.
5. CHARGES: The Town of Wappinger will be billed for
actual water consumed at the same rate as is charged by the
Village to non -village customers.
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950327.RGM
6. RESOLUTIONS: The execution and delivery of this
Agreement has been authorized by Resolution of the Town Board of
the Town of Wappinger and by Resolution of the Village Board of
the Village of Wappingers Falls and a Resolution of the Village
of Wappingers Falls Water Commissioners.
IN WITNESS WHEREOF, the parties have executed this
agreement in two counterparts each of which will constitute an
original the day and year first above written.
COUNCILMAN VALDATI moved to authorize Engineer to the Town to
go to out to Bid for the interconnection and construction of the
Villages water system to the Town Highway Department.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Bids for the proposed sewage disposal and water supply
facilities at the Castle Point Recreation Site were opened on
March 27, 1995. All Bids were in order. Eleven (11) Bids were
received, the Lowest being Blacktop Maintenance Corp. at
$26,839.00. Engineer to the Town Jay Paggi, recommended that
the Bid be awarded to Blacktop Maintenance Corp., as the low
Bidder, with a bid of $26,839.00.
COUNCILWOMAN VISCONTI moved to award the Bid, upon the
recommendation of Engineer to the Town, Jay Paggi, to Blacktop
Maintenance Corp., at $26,839.00, for the proposed
sewage disposal and water supply facilities at Castle Point
Recreation Site, they being the lowest Bidder.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The last item for the Boards consideration is to award the Bids
for the Bulk Clean up. Specifications were provided to Royal
Carting and M & G sanitation. Royal was the only bid received.
Mr. Foster submitted a proposal of the bid rates, and recommends
we accept the rates from Royal Carting and start the cleanup on
i
4/17/95.
PROPOSAL: 1. $70.50 per hour per truck.
2. 98.75 per pull
59.50/68.00 per ton
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950327.RGM
3. 58.75 per pull
0.00 per ton
Mr. Foster explained line #2 of the proposal, the Tipping
fee 59.50/68.00 per ton. If we use the Dutchess County Burn
Plant, the cost is $68.00 per ton, if Royal Carting disposes of
the Materials elsewhere, the cost is $59.50 per ton.
COUNCILWOMAN VISCONTI moved to award the bid, upon the
recommendation of Graham Foster, to Royal Carting, for the
annual bulk cleanup, and let Royal Carting dispose of the
Materials at a cost of $59.50 per ton.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
UNFINISHED BUSINESS
Next is the continuing water problem in the easement along the
property of Vilma Mercado and John Bozentko of 5 Edgehill Drive.
Mr. Paggi, Engineer to the Town informed the Board that he had
performed a visual inspection, of the Edgehill Drive site, and
also another problem on the Scott Drive site and wishes to
schedule an April workshop before coming to any decision.
COUNCILMAN INCORONATO moved to table to an April workshop.
Seconded by Mrs. Visconti
Motion Unanimously Carried
At this time SUPERVISOR SMITH scheduled a Special Town Board
Meeting to be held on March 29, 1995 at 6:30 P.M. for the
purpose of awarding the Bids for the Wappinger Sewer
Transmission/Treatment Improvement Area Phase II Contract 2 and
2E.
COUNCILMAN INCORONATO questioned Supervisor Smith regarding the
openings of the garage doors on the New Emergency Services
Building. Mr. Incoronato measured the Bay openings and also
Sloper Willen Truck Number #104. The Bay opening of the new
Emergency Services Complex measures 120 inches, and the largest
truck of Sloper Willen measures 100 inches. That means only 10
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950327.RGM
inches on either side. If the driver is off just a little,
there could be a serious problem. Another problem arises once
the vehicle is in the garage, there is not much room to move
around.
SUPERVISOR SMITH informed Mr. Incoronato, that the numbers were
given to the architects by Sloper Willen, and according to them,
there is plenty of room.
COUNCILMAN INCORONATO also questioned Mrs. Smith regarding the
State Troopers, are they tenants, and have they renewed their
lease yet, he has not seen anything in writing. Mrs. Smith
stated the State Troopers are totally committed, she has a
video, but she has no paperwork yet, she will get it in
writing and give it to him.
COUNCILMAN VALDATI questioned Attorney to the Town Al Roberts on
the proposed Local Law regarding the hiring of Town residents
for Town jobs. Mrs. Smith informed Mr. Valdati she is holding
it up, but there will be a work shop on this issue.
At this time 8:55 P.M. COUNCILWOMAN VISCONTI moved to go into
Executive Session.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The Town Board Meeting reconvened at 9:17 P.M., with all Board
members present, there was no action to be taken from the
Executive Session.
There was no other business to come before the Board.
COUNCILMAN INCORONATO move to adjourn the Town Board Meeting,
Seconded by Mrs. Visconti
Motion Unanimously Carried
The Town Board Meeting adjourned at 9:17 P.M.
Elaine H. Snowden
Town Clerk
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