1995-02-27 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
FEBRUARY 27, 1995
7:30 P.M.
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. Accept Minutes January 23, 1995 Sp. Feb. 6, 1995
4. REPORTS OF OFFICERS: Sup/Compt. Town Justices Rec. of Taxes
Bldg. Insp. Zng. Adm. Dog Control Officer
5. PETITIONS & COMMUNICATIONS
a. Petition from Peter Tomasic for a ReZoning of his property on Old
Hopewell Rd. from R-20 to HB (w/ Preliminary review by DC Ping. Bd.)
b. Frank Bailey, Boy Scout, re: dumping on Widmer Rd.
c. D. Brown, W & S. Billing Dept., request for permission to order
50 more Water meters @ $3,887.56 total
d. Notification of intent to renew liquor licenses by: (1) Ron Plimle -
Amberleaf Vineyards (2) K. Brolin - Applebee's
e. L. Lowney, Village Clerk, requests the use of 3 Voting Machines fol
Village Elections March 21, 1995
f. Corr. from NYSDOT (1) re: sight distance obstruction @ Route 376
Hackensack Heights
g.[ Ruggiero, Councilman, re; suggested Personnel Policy
,.h. J. Paggi, Eng to Twn, Reports: /(1) Airport Drive Soccer Field
(2) Road realignment Project on Wheeler Hill Rd.
i. R. Holt, Ch. Rec. Comm. request for permission to obtain 2 P.O.'s
(1) Tennis Cours resurfacing (2) repair & re -shingle roof of
Robinson Lane Concession Bldg.
j. Requests to attend Seminars and/or Conferences by: G. Foster, Cornell
for H. Supts. 6/5 thru 6/7: Mark Lieberman course for Code Enforce-
ment Officer 2/16/-2/17: R. Holt request for K. DeLisa and M. Roe
& J. Ennesser for Rec. Conference on 4/22 thru 4/26
k. Requests for return of Escrow by: Steven Keller, Driveway Bond $250:
Paul Nussbickle $3,883.31 ;/1d(16 �Ikl4't,". (:'c"I"'J -L-t C•
1. Camo Memorandum re: Flavormatic Seage Discharge , I"1 y�
a
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
H. Levenson Report
8. RESOLUTIONS
A. Vacancy - Zoning Board of Appeals
b. Approve Little League Agreement & Authorize Supervisor to sign
c. Highway Bids
vff tiw i \. "J. , l
9. UNFINISHED BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT
950227.RGM
The Regular Meeting of the Town Board of the Town of Wappinger
was held on February 27, 1995 at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York.
Supervisor Smith called the meeting to order at 7:35 P.M.
Prior to the start of the Regular Meeting, Mrs. Smith announced
rr. that at 7:20 a motion was made by Mr. Valdati to go to Executive
Session, seconded by Mr. Ruggiero. The meeting adjourned at
7:30 P. M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Others Present:
Albert Roberts, Attorney to the Town
Joseph E. Paggi, Jr., Engineer to the Town
Graham Foster, Highway Superintendent
The Supervisor asked all to join in the Pledge of Allegiance to
the Flag at the commencement of the Meeting.
rf MINUTES
The Minutes of the Regular Meeting of January 23, 1995 and the
Special Meeting of February 6, 1995 having previously been
forwarded to the Board Members, were placed before them for
their consideration.
COUNCILWOMAN VISCONTI stated that there was an error on page
15 of the minutes that needed correcting. The correct amount
on lines 30 & 42 should have read $390,000.00.
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. Valdati
Motion Unanimously Carried
REPORTS OF OFFICERS
Reports for the month of January were received from the
Supervisor/Comptroller, Town Justices, Receiver of Taxes,
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950227.RGM
Building Inspector, and Zoning Administrator.
MR. INCORONATO enlightened the Board on a conversation he had
with the Zoning Administrator, regarding an abandoned house on 9
Franton Drive, with cars and litter strewn about. It was once
owned by Art Conklin. Mr. Levenson did not know what financial
institution or bank that has taken over the property. Mrs.
Smith informed Mr. Incoronato she would check out legal owner of
the house the next time she went to the County Clerks office in
Poughkeepsie and report back to the Board.
Mr. Ruggiero, also questioned Mrs. Smith regarding the flyers
that the Poughkeepsie Journal was tossing at all the homes.
Mrs. Smith said that she spoke with a representative and they
are no longer supposed to toss the flyers.
COUNCILWOMAN VISCONTI moved to accept the above stated reports
and place them on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
PETITIONS & COMMUNICATIONS
The first item presented to the Board is a petition from Peter
Tomasic, requesting that his 1.5 -acre parcel on the south side
of CR 28 just east of Route 9 be rezoned from R-20 to HB. The
proposed use is Tire King, a retail tire sales facility. The
use would occupy the existing building and a proposed addition.
COUNCILMAN VALDATI moved to refer the request for rezoning from
Mr. Tomasic to the Planning Board for their consideration.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Next is a letter from Boy Scout Frank Bailey, of 199 Widmer
Road, siting the dumping of garbage on Widmer Road. There are
tires, furniture, toilet bowls, appliances and various other
trash. Frank often rides his bicycle on Widmer Road, and
notices more and more trash being dumped along the road.
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950227.RGM
Perhaps signs could be erected indicating a fine, if anyone
dumps.
SUPERVISOR SMITH informed Scout Bailey, who was in the audience
this evening, that she referred his letter to the Zoning
Administrator, who in turn sent a letter to the owners of the
property to remove the trash. Mrs. Smith thanked Scout Bailey
for his interest, and to please keep in touch with us.
A memo was received from Debbie Brown, Water & Sewer Billing
Clerk, requesting permission to purchase 50 water meters. The
cost for the water meters is approximately $3,887.50. Sensus
Technologies is the sole supplier for these water meters and
this item cannot go out for bid. The line item for this
expenditure is WC8310.4.
COUNCILMAN VALDATI moved to allow Debbie Brown to purchase 50
water meters from Sensus Technologies at a cost of $3,887.50.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Notification of intent to renew liquor licenses by: (1) Ron
Plimley of Amberleaf Vineyards, River Road North (2) Ken Brolin
of Applebee's Neighborhood Grill & Bar, Route 9.
COUNCILWOMAN VISCONTI moved to accept the notices of intent to
renew the liquor licenses of Ron Plimley of Amberleaf Vineyards,
and Ken Brolin of Applebee's Neighborhood Grill & Bar, and place
them on file without comment.
Seconded by Mr. Valdati
Motion Unanimously Carried
A request was submitted from Leo Lowney, Village Clerk of the
Village of Wappingers Falls for the use of three (3) voting
machines for the upcoming Village election to be held on March
21, 1995.
COUNCILMAN VALDATI moved to approve the request of Leo Lowney,
Village Clerk and authorize the Village to the use of (3) Town
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950227.RGM
voting machines for the March 21, 1995 Village elections.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Two pieces of correspondence were received from NYSDOT. The
first was in regard to a recently completed investigation of
traffic conditions at the intersection of Route 376 and
Hackensack Heights. As a result of their review, it was
determined that the sight distance along Route 376, on the
northbound approach to Hackensack Heights, is critically limited
by a wood fence and shrubs in the southeast quadrant of the
intersection. Although a review of the accident history at this
location did not reveal an accident problem, they believe that
an increase in sight distance by relocation of the fence and
shrubs would be beneficial. Since the fence is on private
property, this can not be done by State maintenance crews
COUNCILMAN VALDATI moved to authorize the Supervisor to send a
letter to the owners suggesting they relocate their shrubs and
fence. Also include a copy of the letter from NYSDOT.
Seconded by Incoronato
Motion Unanimously Carried
The Second piece of correspondence from NYSDOT was in regard to
the review of CR 93 between CR 94 and Route 376 in response to
the request for a speed limit reduction. As a result of their
review it was determined that a reduction in the existing 40MPH
speed limit would not be appropriate, based on the fact that
most of this section of roadway is conducive to speeds of 40 to
45 MPH. Although during the survey a large numbers of motorists
were exceeding the existing 40 MPH speed limit, the majority of
them were exceeding it by 5 MPH. If residents in this area feel
that excessive speeding is a problem, they should contact the
local enforcement agency to ask for increased enforcement of the
existing speed limit.
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950227.RGM
COUNCILMAN VALDATI moved to accept the correspondence and
place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Next is correspondence from Mr. Ruggiero regarding the Personnel
Policyfor the Town of Wa in er. Mr. Ruggiero submitted ideas
PP 9 gg
and considerations to be discussed at a workshop to develop a
hiring policy that would define each officer's responsibility
COUNCILMAN INCORONATO moved to table Mr. Ruggiero's ideas and
suggestions to a workshop.
Seconded by Mr. Valdati
Motion Unanimously Carried
Two Reports from Engineer to the Town Jay Paggi. The first
report was on Airport Drive Soccer Fields. Mr. Paggi discussed
the design of the Soccer Field Complex, what the layout would
include and the estimated value of the construction work.
He also discussed the first phase which would include an entry
access, an exit access, 79 parking spaces. The anticipated
cost to be $110,000.
COUNCILWOMAN Incoronato moved to table to a workshop, also to
include the Chairman of the Soccer Club.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Mr. Paggi's second report was in reference to the Road
Realignment Project on Wheeler Hill Road. Upon the completion
of his preliminary realignment and geometric modifications, Mr.
Paggi submitted a proposal cost for the above referenced
project. Total estimated project cost to be $261,030.00.
SUPERVISOR SMITH moved to table Mr. Paggi's report on the
Road Realignment for Wheeler Hill Road to the March 13, 1995
Workshop.
Seconded by Mr. Ruggiero
Mr. Ruggiero also questioned Mr. Paggi on the status of Spook
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950227.RGM
Hill Road. Mr. Paggi will be presenting the status of Spook
Hill Road at the March 13 workshop also.
The following Purchase Orders were submitted for approval by
Ralph Holt, Chairman of the Recreation Committee. The first
$4,080.00 payable to Copeland Coating Company to have the two
tennis courts on Montfort Road resurfaced. This money has been
allocated in the recreation budget A-7110.4.
COUNCILWOMAN VISCONTI moved to approve the Purchase Order for
Mr. Holt to Copeland Coating Company in the amount of $4,080.00
to have the two tennis courts at Montfort Road resurfaced.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The second Purchase Order submitted for approval is for
$2,135.00 payable to Walsh Construction & Renovation to have
the roof on the Robinson Lane Concession building reshingled and
repaired, also to include, the ice and water shield. Three Bids
were received, Walsh being the lowest.
COUNCILWOMAN VISCONTI moved, based upon the recommendation of
Ralph Holt to approve the Purchase Order for $2,135.00 payable
to Walsh Construction & Renovation to have the roof on the
Robinson Lane Concession building reshingled and repaired.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Next are several requests to attend Conferences and Seminars.
The first request is from Graham Foster Highway Superintendent
for permission to attend the annual Highway School on June 5, 6,
7, 1995 which is sponsored by the Cornell Roads Program in
Ithaca New York. The second request is from Mark Lieberman,
Fire Inspector for permission to attend mandated in service
training for Code Enforcement February 15, 16 and 17, 1995.
and the third request was receive from Ralph Holt for permission
for Kathi DeLisa, Peggy Roe and Joseph Ennesser to attend the
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950227.RGM
New York State Recreation and Park Conference to be held April
22 to April 26, 1995 at the Marriott Windwatch Hotel & Golf Club
and co -hosted by the Radisson Hotel Islandia in Happaugge, Long
Island, New York. Mr. Ennesser will only attend for a one day
session.
COUNCILWOMAN VISCONTI moved to approve the requests from Graham
Foster to attend Highway School, Mark Lieberman to attend
mandated in service training for Code Enforcement, and Kathi
DeLisa, Peggy Roe and Joseph Ennesser to attend the New York
State Recreation & Park Conference and their legitimate expenses
be a Town charge.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Requests for the return of Escrow funds were received from (1)
Steven Keller Lot #1 Peel Lane Driveway Bond $250.00. (2) Paul
Nussbickle Old Route 9, Amended Site Plan $3,883.31. (3) Barry
L I Cartmill Lot #6 Wyndham Crossing $1,000.00 Driveway Bond.
INCORONATO moved to approve pProve the return of escrow to
Steven Keller for $250.00, Paul Nussbickle, for $3,883.31 and
Barry Cartmill for $1,000.00, based on the recommendation of
Building Inspector Don Keller.
Seconded by Mr. Valdati
Motion Unanimously Carried
A Memo from Camo Pollution Control in reference to the
Sewage Discharges from Flavormatic.
COUNCILMAN INCORONATO moved to accept the memo and place it on
file.
%W Seconded by Mrs. Visconti
Motion Unanimously Carried
LI
Last is Correspondence from Graham Foster, Superintendent of
Highways requesting confirmation on the Floating Holiday.
Supervisor Smith informed Mr. Foster that the vote was 21 to 19
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in favor of December 26 for the floating Holiday. At this time
Mr. Foster requested that next year the Highway be given a
chance to vote on the floating Holiday also.
COMMITTEE REPORTS
i
COUNCILMAN RUGGIERO gave his report as delegate at the
Association of Towns. The Civil Service Rule of 3 narrowly
passed, he voted against it. The Group Homes Site failed.
The Cable T V Commission almost failed, it is now being pushed
on the Public Service Commission. Park Access for people with
disabilities passed. Mr. Ruggiero also reported on Vandalism
and Security. Mr. Ruggiero has been in contact with a Company,
that is willing to sit down with the Town Board at a workshop
COUNCILMAN VALDATI on the Engineers report for the water
connection to the Town Highway Garage. They are waiting for the
finalization of the easement from the estate. Mr. Paggi
informed the Board that they are going out to Bid in the Spring.
The Village also wished an agreement to be drawn up by
Attorney to the Town, stating that the hydrant to be used for
fire fighting purposes only.
COUNCILMAN VALDATI moved to authorize Attorney to the Town draw
up an agreement with the Village stating the hydrant only
to be used for fire fighting purposes.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COUNCILMAN INCORONATO had no reports at this time.
COUNCILWOMAN VISCONTI had no reports at this time.
SUPERVISOR SMITH attended a Seminar on Workers Compensation,
Overtime pay and ADA. This topic will be discussed at a future
Workshop. i
MR. RUGGIERO questioned Mrs. Smith on moving toward membership
to the Tri -Muni. Mrs. Smith informed Mr. Ruggiero that we are
moving forward on this issue.
Page 8
950227.RGM
BONDS & LETTERS OF CREDIT
Mr. Levenson's monthly report on the schedule of Bonds and
Letters of Credit was received.
COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's report on
r
the schedule of Bonds and Letters of Credit and place them on
file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
RESOLUTIONS
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved it adoption.
RESOLVED, that Gerald diPierno be and he hereby is appointed to
fill the vacancy on the Zoning Board of Appeals of the Town of
Wappinger which has occurred by reason of the expiration of
Michael Hirkala and,
IT IS FURTHER RESOLVED, that said Gerald diPierno is hereby
appointed to the said Zoning Board of Appeals for a term which
will expire on the 31st day of January, 2000.
Seconded by Mr. Valdati
Roll Call Vote:
Supervisor Smith
Councilman Ruggiero
Councilman Valdati
Councilman Incoronato
Councilwoman Visconti
Vote
Aye
Nay
Aye
Nay
Aye
Motion Carried
The next item for the Boards Consideration is to approve the
Agreement between the Town of Wappinger and Town of Wappinger
Little League Association and authorize the Supervisor to Sign.
COUNCILWOMAN VISCONTI moved to approve the Agreement between the
I Town of Wappinger and the Town of Wappinger Little League
Association and authorize the Supervisor to sign.
Seconded by Mr. Valdati
Motion Unanimously Carried
Page 9
950227.RGM
Next are the Highway Bids for the Sweeper. Mr. Foster
recommended that all bids for the Sweeper be rejected and they
be re -bid.
COUNCILWOMAN VISCONTI moved to reject all the bids for the
Sweeper, and authorize the Highway Superintendent to Re -Bid.
for the Sweeper.
Seconded by Mr. Valdati
Motion Unanimmously Carried
Upon the Recommendation of Graham Foster, Superintendent of
Highways, the Wappinger Bid Report for 1995 was presented to the
Board for their consideration.
GASOLINE AGWAY PETROLEUM
Per gallon, Regular Unleaded .6799
Per gallon Unleaded Plus .7299
The Superintendent recommends the bid for Gasoline be awarded to
Agway Petroleum Corp.
FUEL OIL BOTTINI STORMVILLE OIL
Per gallon #2 .079 .08
Diesel Fuel .079 No Bid
The Superintendent recommends the bid for Fuel Oil and Diesel
Fuel be awarded to Bottini.
LIQUID CALCIUM JAMES REED
Per Gallon .83
The Superintendent recommends the bid for Liquid Calcium be
awarded to James Reed.
BITUMINOUS CONCRETE POUGHKEEPSIE ASPHALT PACKAGE PAVEMENT
1A Top
25.60
No Bid
1AC Top
25.85
No Bid
1A Binder
25.50
No Bid
2A Binder
25.50
No Bid
1A Base
25.50
No Bid
Cold Mix
No Bid
36.00 per Ton
The Superintendent
recommends the bid for
Bituminous Concrete
hot, be awarded to
Poughkeepsie Asphalt, &
Cold Mix be awarded
to Package Pavement.
BASINS
E.S.P BRIGHTON
FAIRVIEW BLOCK
24 x 24
124.00 135.00
81.00
30"
112.50
36"
154.00
30 x 48 ID Concrete Basins
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950227.RGM
24" 200.00 144.00
30" 174.00 162.00
36" 200.00
42" 184.94
The Superintentent recommends the bid for 24 x 24 and 30 x 48
catch basins be awarded to Fairview Block with E.S.P. as backup.
MANHOLE LIDS E.S.P. BRIGHTON
24" 109.00 45.00
The Superintendent recommends the bid for Manhole Lids be
awarded to Brighton.
MANHOLE RISERS E.S.P. BRIGHTON
2 X 24 48.94 36.80
2 X 25 3/4 59.96 No Bid
The Superintendent recommends the bid for 2 x 24 Manhole Ri
sers be awarded to Brighton and the 2 x 25 3/4 be awarded to
E.S.P.
WATER VALVE BOX RISERS
E.S.P.
BRIGHTON
6 X 1
No Bid
No Bid
6 x 2
No Bid
No Bid
6 x 3
No Bid
No Bid
7 1/2 x 1
4.25
No Bid
7 1/2 x 2
6.70
No Bid
7 1/2 x 3
7.55
No Bid
The Superintendent recommends
the bid
for Water Valve Box Risers
be awarded to E.S.P.
30" 14 ga.
GRATES & FRAMES
E.S.P.
BRIGHTON
24 x 24
87.90
86.00
30 x 48
223.50
202.50
30 x 30
116.00
113.00
The Superintendent recommends the bid for Grates & Frames be
awarded to Brighton.
Page 11
CULVERT PIPE
E.S.P.
BRIGHTON
CHEMUNG
12" 16 ga.
4.25
4.42
4.34
15" 16 ga.
5.40
5.55
5.37
18" 16 ga.
6.65
6.63
6.42
24" 14 ga.
10.05
10.39
9.98
30" 14 ga.
12.40
12.98
12.49
36" 12 ga.
19.40
21.15
20.37
48" 12 ga.
25.60
24.94
27.04
60" 10 ga.
40.75
42.66
41.12
fir'
6" perf.
1.75
2.00
1.98
8" perf.
2.27
3.16
3.13
10" perf.
3.27
3.95
3.89
4
The Superintendent
recommends the
bid for 12",
30", 36", 6011, 6"
perf. and 10" perf.
be awarded to
E.S.P.
The Superintendent
recommends the
bid for 48"
be awarded to
Brighton.
Page 11
950227.RGM
The Superintendent recommends the bid for 15", 18", and 24" be
awarded to Chemung.
Bands
A.D.S. REG
E.S.P.
BRIGHTON
CHEMUNG
12"
2.94
2.75
2.98
15"
4.34
3.97
4.39
18"
6.62
6.40
6.77
24"
10.34
9.75
10.64
The Superintendent
recommends
the bid A.D.S.
pipe be awarded to
Brighton.
50.00
79.39
r
A.D.S. N12
S.S.P.
BRIGHTON
CHEMUNG
12"
3.89
3.61
3.97
15"
4.34
4.71
5.12
18"
6.62
6.67
7.41
24"
10.34
10.18
11.22
30"
18.34
17.41
18.94
36"
25.03
22.33
25.89
The Superintendent recommends the bid for 12", 24", 30" and 36"
be awarded to Brighton
The Superintendent recommends the bid for 15" and 18" be awarded
to E.S.P.
STANDARD HIGHWAY & TRAFFIC SIGNS
STOP SIGNS E.S.P. BRIGHTON CHEMUNG
30" 19.25 20.95 24.49
24" 15.90 14.35 16.97
The Superintendent recommends the bid for 30" Stop Signs be
awarded to E.S.P. and the bid for 24" Stop Signs be awarded to
Brighton.
EXTRUDED ALUM. ST. SIGNS E.S.P. BRIGHTON CHEMUNG
6 x 24 15.49 13.00 18.84
6 x 30 15.49 14.00 18.84
6 x 36 15.49 15.00 18.84
The Superintendent recommends the bid for all extruded aluminum
street signs be awarded to Brighton.
SO. OR DIAMOND REGULATORY SIGNS
12 x 18
18 x 24
24 x 24
24 x 30
12 x 36
24 x 36
30 x 30
36 x 36
48 x 48
E.S.P. BRIGHTON CHEMUNG
7.11
5.95
7.59
13.72
10.85
14.43
18.46
14.25
19.24
22.20
16.95
23.99
13.72
10.85
14.43
25.94
23.00
28.84
27.88
21.33
29.87
38.16
30.35
43.29
67.84
50.00
79.39
The Superintendent recommends the bid for square or regulatory
signs be awarded to Brighton.
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950227.RGM
SIGN POSTS
E.S.P.
BRIGHTON
CHEMUNG
8' U Channel posts 2 lb.
6.19
6.40
6.04
4' U Channel starter posts 2
lb. 3.10
3.20
2.99
U Channel post caps
3.63
4.70
4.48
Extruced Cross Pieces (alum)
3.49
4.70
4.24
6' Delineators 1.2 lb.
3.16
3.82
3.24
The Superintendent recommends
the bif
for 8" U Channel
posts and
4' U Channel starter posts be
awarded
to Chemung. The
caps,
r cross pieces and delineators
be awarded to E.S.P.
ROAD AGGREGATES (see attached analysis)
CRUSHED STONE
The Superintendent recommends the bid for crushed stone be
awarded to Blacktop Maintenance Corp. and tailings to M.J.D.
Construction.
RUN OF BANK GRAVEL
The Superintendent recommends the bid for run of bank gravel be
awarded to Rout 82 Sand & Gravel.
WASHED GRAVEL
The Superintendent recommends the bid for washed gravel be
awarded to Route 82 Sand & Gravel and Clove Excavators.
ITEM 4
The Superintendent recommends the bid for Item 4 be awarded to
Clove Excavators.
SNOW & ICE AGGREGATE
The Superintendent recommends the bid for snow/ice aggregate be
awarded to M.J.D. Construction. He also recommends Blacktop
Maintenance as a backup.
TOP SOIL
The Superintendent recommends the bid for top soil be awarded to
Corbin and Blacktop Maintenance.
COUNCILWOMAN VISCONTI moved to award the Bids as recommended by
the Highway Superintendent, Graham Foster.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Foster, Highway Superintendent also presented four proposals
for the renting of equipment for 1995 to the Board for their
consideration.
COUNCILMAN INCORONATO moved to accept the schedule of rental
rates as presented by the Highway Superintendent, Graham Foster.
Seconded by Mrs. Visconti
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950227.RGM
Motion Unanimously Carried
The following resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption, seconded by Councilman Valdati.
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL
$2,610,054 SERIAL BONDS OF THE TOWN OF WAPPINGER,
DUTCHESS COUNTY, NEW YORK, TO PAY PART OF THE COST OF
IMPROVEMENTS FOR THE WAPPINGER SEWER TRANSMISSION/
TREATMENT IMPROVEMENT AREA, OF THE TOWN OF WAPPINGER,
DUTCHESS COUNTY, NEW YORK.
WHEREAS, pursuant to the proceedings heretofore duly had
and taken in accordance with the provisions of Article 12-C of
the Town Law, and more particularly a resolution dated March 11,
1991 and the approval of the Comptroller of the State of New
York on April 12, 1991, the Town Board of the Town of Wappinger,
Dutchess County, New York, has determined it to be in the public
interest to establish the Wappinger Sewer Transmission/Treatment
Improvement Area and to make certain improvements therefore at a
maximum estimated cost of $17,020,000; and
WHEREAS, said improvements have been determined to be a
Type I Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to
the State Environmental Quality Review Act, the implementation
of which as proposed, the Town Board has determined will not
result in any significant environmental effects; and
WHEREAS, by bond resolution dated May 29, 1991, the Town
Board of the Town of Wappinger, Dutchess County, New York,
authorized the issuance of $17,020,000 serial bonds of said Town
to pay the cost of the improvements to be constructed in
Wappinger Sewer Transmission/Treatment Improvement Area, being
the construction and installation of various sewer improvements
to serve a benefited area in said Town outside the Village of
Wappingers Falls, including, but not limited to, the
construction of transmission facilities, to be used in
combination with existing sewer trunk lines, for the purpose of
delivering sewage within Phase One and Phase Two of the
Improvement Area to the existing Tri -Municipal Pumping Station
located in the Village of Wappingers Falls, for further
transmission through existing and proposed facilities to the
Tri -Municipal Wastewater Treatment Facility, and the
Construction of an addition to the Tri -Municipal Wastewater
Treatment Facility, for the purpose of treating sewage
generated, initially, from Wappinger Sewer Improvement Area No.
1 and the Rockingham Farms Sewer District with future expansion
that will, ultimately, treat sewage generated from the entire
Wappinger Sewer Transmission/Treatment Improvement Area, at a
maximum estimated cost of $17,020,000, in and for the Town of
Wappinger, Dutchess County, New York; and
WHEREAS, it has now been determined that the maximum
estimated cost of such improvements to be constructed in the
Wappinger Sewer Transmission/Treatment Improvement Area is
$19,630,054, and increase of $2,610,054 over that previously
authorized; and
WHEREAS, an application has been made to the Comptroller of
the State of New York for permission to increase the maximum
amount to be expended for said improvements for said Improvement
Area from $17,020,000 to a new maximum estimated cost of
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950227.RGM
$19,630,054, after a public hearing duly called, noticed and
held; and
WHEREAS, the Comptroller of the State of New York has
granted said permission pursuant to a determination dated
February 22, 1995;
WHEREAS, it is now desired to authorize the issuance of an
additional $2,610,054 serial bonds of said Town for such
improvements; NOW, THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. For the specific object or purpose of paying
additional costs of the improvements to be constructed in
Wappinger Sewer Transmission/Treatment Improvement Area, being
the construction and installation of various sewer improvements
to serve a benefited area in said Town outside the Village of
Wappinger Falls, including, but not limited to, the construction
of transmission facilities, to be used in combination with
existing sewer trunk lines, for the purpose of delivering sewage
within Phase One and Phase Two of the Improvement Area to the
existing Tri -Municipal Pumping Station located in the Village of
Wappingers Falls for further transmission through existing and
proposed facilities to the Tri -Municipal Wastewater Treatment
Facility, and the construction of an addition to the
Tri -Municipal Wastewater Treatment Facility, for the purpose of
treating sewage generated, initially, from Wappinger Sewer
Improvement Area No. 1 and the Rockingham Farms Sewer District
with future expansions that will, ultimately, treat sewage
generated from the entire Wappinger Sewer Transmission/Treatment
Improvement Area, there are hereby authorized to be issued an
additional $2,610,054 serial bonds of the Town of Wappinger,
Dutchess County, New York, pursuant to the provisions of the
Local Finance Law.
Section 2. It is hereby determined that the maximum
estimated cost of such specific object or purpose is now
determined to be $19,630,054 and that the plan for the financing
thereof is as follows:
a. By the issuance of the $17,020,000 serial bonds of said
Town authorized to be issued pursuant to bond
resolution dated May 29, 1991; and
b. By the issuance of the additional $2,610,054 serial
bonds of said Town authorized to be issued pursuant to
this bond resolution.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years, pursuant to subdivision 4 of paragraph a of
Section 11.00 of the Local Finance Law, calculated from
September 17, 1991, the date of issuance of the first
obligations for said specific object or purpose. It is hereby
further determined that the maximum maturity of the serial bonds
herein authorized will exceed five years.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, for and contents,
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950227.RGM
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with th provisions of the Local Finance
Law.
Section 5. Such bonds shall be in fully registered form
and shall be signed in the name of the Town of Wappinger,
Dutchess County, New York, by the manual or facsimile signature
of its Supervisor, and a facsimile of its corporate seal shall
be imprinted or impressed thereon and may be attested by the
manual or facsimile signature of its Town Clerk.
Section 6. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the Supervisor, who shall advertise such bonds for
sale, conduct th sale, and award the bonds in such manner as she
shall deem best for the interests of said Town, including, but
not limited to the power to sell said bonds to the New York
State Environmental Facilities Corporation; provided, however,
that in the exercise of these delegated powers, she shall comply
fully with the provisions of the Local Finance Law and any order
or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the Town shall be a full
acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein
relating to such bonds, including determining whether to issue
such bonds having substantially level or declining debt service
and all matters related thereto, prescribing whether manual or
facsimile signatures shall appeal on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing
the fiscal agent or agents for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be
executed in the name of the Town by the Facsimile signature of
the Supervisor, providing for the manual countersignature of a
fiscal agent or of a designated official of the Town), the date,
denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with
other issues, shall be determined by the Supervisor. It is
hereby determined that it is to the financial advantage of the
Town not to impose and collect from registered owners of such
serial bonds any charges for mailing, shipping and insuring
bonds transferred or exchange by the fiscal agent, and
accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the
fiscal agent. Such bonds shall contain substantially the
recital of validity clause provided for in section 52.00 of the
Local Finance Law and shall otherwise be in such form and
contain such recitals in addition to those required by section
52.00 of the Local Finance Law, as the Town shall determine.
Section 8. The Supervisor is hereby further authorized, at
her sole discretion, to execute a project financing and loan
agreement and any other agreements with the New York State
Department of Environmental Conservation and/or the New York
State Environmental Facilities Corporation, including
amendments thereto, and including any instruments (or amendments
thereto) in the effectuation thereof, in order to effect the
financing or refinancing of the specific object or purpose
described in Section 1 hereof, or a portion thereof, by a serial
bond issue and/or note issue of said Town in the event of the
sale of same to the New York State Environmental Facilities
Corporation.
Section 9. The power to issue and sell notes to the New
York State Environmental Facilities Corporation pursuant to
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section 169.00 of the Local Finance Law is hereby delegated to
the Supervisor. Such Notes shall be of such terms, for and
contents as may be prescribed by said Supervisor consistent with
the provisions of the Local Finance Law.
Section 10. The intent of this resolution is to give the
Supervisor sufficient authority to execute those agreements,
instruments or to do any similar acts necessary to effect the
issuance of the aforesaid serial bonds and/or notes without
resorting to further action of this Town Board.
Section 11. The faith and credit of said Town of
Wappinger, Dutchess County, New York, are hereby irrevocably
1141,,, pledged to the payment of the principal of and interest on such
bonds as the same respectively become due and payable. There
shall be annually apportioned and assessed upon the several lots
and parcels of land within said Improvement Area which the Town
Board shall determine and specify to be especially benefited by
the improvements, and amount sufficient to pay the principal and
interest on said bonds as the same become due, but if not paid
from such source, all the taxable real property in said Town
shall be subject to the levy of ad valorem taxes without
limitation as to rate or amount sufficient to pay the principal
of and interest on said bonds as the same shall become due.
Section 12. The validity of such bonds and bond
anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 13. This resolution shall constitute a statement
of official intent for purposes of Treasury Regulations Section
1.150 - 2(d) and (e). Other than as specified in this
resolution, no monies are, or are reasonably expected to be,
reserved, allocated on a long-term basis, or otherwise set aside
with respect to the permanent funding of the object or purpose
described herein.
Section 14. This resolution which takes effect immediately
shall be published in full in Southern Dutchess News, the
official newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as follows:
Supervisor Smith
Councilman Ruggiero
Councilman Valdati
Councilman Incoronato
Councilwoman Visconti
Voting
Aye
Voting
Aye
Voting
Aye
Voting
Aye
Voting
Aye
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950227.RGM
The resolution was thereupon declared duly adopted.
At this time, Graham Foster, Highway Superintendent requested
permission to go Bid for the annual Spring Clean up.
COUNCILMAN RUGGIERO moved to authorize Graham Foster, Highway
Superintendent to go to Bid for the Spring Clean up.
Seconded by Mrs. Visconti
Motion Unanimously Carried
UNFINISHED BUSINESS
COUNCILMAN INCORONATO wish to go over several of the proposals
on the Plan for Progress that he and Mr. Ruggiero presented to
the Town Board, for a Workshop.
Mrs. Smith informed Mr. Incoronato that these proposals will be
discussed at the April 10th Workshop.
The chair recognized Vic Fanuele of 12 Wildwood Drive. Mr.
Fanuele inquired whether or not the Town participated in the
defensive driving courses for its employees.
Mrs. Smith informed Mr. Fanuele that the Town is involved with
the defensive driving course.
The chair also recognized Martin Bailey of 199 Widmer Road. Mr.
Bailey inquired about the legality of large dump trucks using
Widmer Road as a short cut. Mr. Foster replied that to the
best of his knowledge, there is no weight limit for trucks on
Widmer Road.
There was no other business to come before the Board.
COUNCILWOMAN VISCONTI moved to adjourn the Town Board Meeting,
Seconded by Mr. Incoronato and Unanimously Carried.
The Town Board Meeting adjourned at 8:40 P.M.
Elaine H. Snowden
Town Clerk
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