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1994-08-22 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER AUGUST 22, 1994 7:30 PM - - - - - - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes Reg. July 27, 1994 4. REPORTS OF OFFICERS: Sup/Compt. Rec. of Taxes Town Justices Bldg. Insp. Zng. Adm. Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. Entertain County Legislators regarding Baseball Stadium b. Remaining Tax Reviews that were served on the Town: (1)Hoeventure (2)Aleksandravicius (3) Three Co., Inc. (4) Three Star Anodizing, (5) Vinco Realty Corp. (6) Cedar Hill Dev. Corp. (7) Dr. Mario 'A. Vilardi (8) Rawls Leisure Living, Inc.(two petitions) (9) Wappingers Falls Trlr Pk. (10)Pizzagalli Dev. Corp. (11) Pacific State Land Corp. (12) Imperial Gardens Co. (13) Chelsea Rdige mall (14) Waban (BJ's Wholesale Club). c. Notification of Intent to renew Liquor Licenses by: (1) Joseph Leonard, Greenbaum & Gilhooley (2) Joe Caresia-Mama Mia's Pizzeria d. R. Hold, Rec. Ch. requests for P.O.'s fppr: (1) Fencing at Maisonet property line (2) for painting Montfort rd. Barn e. A. Casale, Carroll Dr., request for STOP signs at Balfour Drive f. Nancy Caro, request for "No Dumping" sign at cul-de-sac Peel lane g. J. Paggi, Eng. to Twn, report re: Route 9D: Widmer Rd. realignment h. Request from E. Kellogg, Aline Co. for release of Landscape Bond $15(1,000. i. Corr. from D. O'Connor, D.Co.H. Eng. Re;Approval of Em. Serviced B j. Request from B. Rullman to connect to Losee Rd. Water line k. Jan Bernich, request to connect to Sewer system-Foxhill Rd. 1. D. DeCerbo,w/ J.Paggi re: Baldwin Dr. Drainage'Concern 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT a. H. Levenson Report b. Red Hawk Hollow - Road Maintenance Letter of Credit 8. RESOLUTIONS a. Consider adoption of Local Law Amending_ L.L.#10 of '75, public Assembly b. Request from Comptroller for Transer for Well Fields (Atlas/CWW) c. Request from Comptroller for Budget Transfers d. County Resolution for Snow Removal/Ice Control e. J. Bedore, Paggi & Martin Reference: Change Order #1 D.E.W. Myers Corners Rd. Storm Sewer replacement f. Adopt form for Benefit Unit Assessment Grievance applications [r rave n FSS 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARING ON LOCAL LAW AMENDMENT - 7:20 P.M. _dg 940822.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on August 22, 1994 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR SMITH called the meeting to order at 7:45 P.M. Present: L Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman %W Joseph Incoronato, Councilman June Visconti, Councilwoman Others Present: Albert Roberts, Attorney to the Town Joseph Paggi, Jr., Engineer to the Town Herbert Levenson, Zoning Administrator Graham Foster, Highway Superintendent 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 July 25, 1994 having previously been forwarded to the Town Board, were placed before them for their consideration. iCOUNCILMAN RUGGIERO stated there was an error in the minutes on page 16 that needed correcting. Instead of $1,0000.00 it should have read $1,000.00. COUNCILMAN INCORONATO moved that the above stated Minutes as submitted by the Town Clerk be and they are hereby approved as corrected. Seconded by Mrs. Visconti Motion Unanimously Carried REPORTS Reports for the month of July were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Zoning Administrator, and Dog Control Officer. Page 1 940822.RGM COUNCILWOMAN VISCONTI moved to accept the above stated reports and place them on file. Seconded by Mr. Ruggiero Motion Unanimously Carried PETITIONS AND COMMUNICATIONS Correspondence was received and signed by the County Legislators in response to Mr. Incoronato's invitation to attend the Town Board Meeting of August 22, 1994. Although none were able to attend, it was suggested that if any members of the Town Board desired information regarding the current financial status of the Baseball facility in Fishkill, that they contact Mr. James Pickles, Executive Director of the Hudson Valley Stadium Corporation and Mr. M. Philip Amodeo, Dutchess County Commissioner of Finance. Mr. Incoronato was disappointed that none of the five County Legislators that were contacted could attend and suggested that perhaps someone is passing the "buck". None of the Legislators have attended any of the Town Board meetings, except Mr. Beale, who came to promote the Stadium interests. Mrs. Smith commented, that the Stadium is not Town business. She felt that the County created it, let them take care of it. The following Tax Certioraris were served on the Town of Wappinger: Hoeventure; Aleksandravicius; Three C., Inc.; Three Star Anodizing; Vinco Realty Corp.; Cedar Hill Dev. Corp.; Dr. Mario A. Vilardi; Rawls Leisure Living, Inc. (2 petitions); Wappingers Falls Trailer Park; Pizzagalli Dev. Corp.; Pacific State Land Corp.; Imperial Gardens Co.; Chelsea Ridge Mall; Waban (BJ's Wholesale Club). COUNCILWOMAN VISCONTI moved to referred the above stated Tax Page 2 F 940822.RGM Certioraris to Emanuel Saris, Attorney to the Town, appointed to handle Tax Reviews, to defend on behalf of the Town. Seconded by Mr. Incoronato Motion Unanimously Carried Notice of Intent to renew Liquor Licenses was received by (1) J -Len, Inc. of Greenbaum & Gilhooley's, Route 9. (2) Joe J. Cardoso, President of Mama Mia's Pizzeria located at New Hackensack Plaza. COUNCILMAN VALDATI moved to accept the notices of intent to renew Liquor Licenses from J- Len, Inc., of Greenbaum &, Gilhooley's, and Joe J. Cardoso, President of Mama Mia's Pizzeria, and place them on file with no comment. Seconded by Mrs. Visconti Motion Unanimously Carried The following Purchase Orders were submitted for approval by Ralph Holt, Chairman of the Recreation Committee. (1) $1,200.00 for fencing adjacent to the Town Park on Robinson Lane owned by Mr. & Mrs. E. Maisonet. The funds to come from A-7110.4 Contractual Expenses. COUNCILWOMAN VISCONTI moved to approve the Purchase Order for $1,200.00 for fencing to secure park boundaries adjacent to property owned by Mr. & Mrs. E. Maisonet. Seconded by Mr. Incoronato Motion Unanimously Carried The next Purchase Order submitted by Mr. Holt is in the amount of $2,200.00 payable to Poughkeepsie Painting Contractors, Inc., to Paint the Barn on Montfort Road and to fix the roof where needed. The funds allocated in A-7110.4 Contractual. COUNCILWOMAN VISCONTI moved to table the request for the Page 3 940822.RGM Purchase Order for $2,200.00 to paint the Barn. Seconded by Mr. Valdati Motion Unanimously Carried Next is Correspondence from Antonio Casale, of 42 Carroll Drive requesting STOP signs at Balfour Drive. Mr. Casale's house is the first on the left going up the hill, and when he pulls out of his driveway, cars come around the corner at full speed to go up the hill. He has had several close calls. Mr. Ruggiero met with Mr. Casale. The intersection in question has several evergreens that were planted many years ago, which have since grown much larger. Consequently cars do not see him when he pulls out of his driveway. Mr. Ruggiero measured the trees, and said they were not on town property. Mr. Foster informed the Board he did go to the area and did not see any site distance problem at the Intersection. This is the first he has heard about the trees. He would go to the area with Mr. Ruggiero and check the site distance in regard to the evergreens, and report back to the Board. COUNCILWOMAN VISCONTI moved to table this request until more information is received from Mr. Foster. Seconded by Mr. Incoronato Motion Unanimously Carried A letter was receive from Nancy J. Caro, of 11 Peel Lane in regard to the garbage that is being dumped across the street from her home at the cul-de-sac. She would like the garbage removed, and a NO DUMPING sign with a penalty erected. Mrs. Smith gave an update on the situation and said that on August 5, Mr. Foster went out to Peel Lane and was unable to find garbage. He left a card at the Caro home, and a message on her answer machine. On August 8, Mrs. Caro returned the Page 4 940822.RGM call to Mr. Foster and stated that a friend had picked up all the garbage. Mr. Foster said that the area are would be watched, but a NO DUMPING sign would not be practical. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried At this time Mr. Incoronato introduced several residents who live off Cedar Hill Road and their basic complaints were the free copies of the Poughkeepsie Journal in orange packaging that the Poughkeepsie Journal delivery persons are tossing in the driveways of residents who do not subscribe to the newspaper. At this time the Board recognized Mr. Jack Kolaian of 105 Dorothy Lane who spoke of this market practice, which is unsolicited. Most people grumble, and pick them up. However, many of the flyers miss their mark and are left where they land, sometimes on the side of the road, or other town property. He contacted the Poughkeepsie Journal and received no satisfaction. Mr. Kolaian got in touch with Mr. Incoronato for his assistance. Mr. Incoronato contacted the Poughkeepsie Journal, and was assured by the circulation manager that this practice would stop. It did not. Mr. Kolaian then spoke to Mr. Betros, who assured him that the circulars would no longer be deposited on his or his neighbors driveway. Mr. Kolaian feels if we have a litter law in the Town, we can't make exceptions. Mrs. Smith said she would pursue this matter further, and call Ron Betros, who is also a Town employee, as well as a Poughkeepsie Journal employee. She would also contact the Editor of the Poughkeepsie Journal. Mr. Incoronato informed the Board that he spoke with Mr. Betros and reminded him of the litter law, that carries a $1,000.00 fine, if flyers were thrown Page 5 940822.RGM on Town Property. Mr. Betros responded, he would contact Mr. Kolaian to clear up this issue. Two reports were received from Jay Paggi, Engineer to the Town. The first was in reference to Route 9D. As a follow-up to the August 8th Town Board Workshop, a call was received from NYSDOT who confirmed that they will have their Maintenance department look at the storm drain line in question. Don Faucher of the r.1% NYSDOT advised Mr. Paggi's office that the Town had done everything that the State had requested in regards to cleaning the line and backfilling the outlet ditch to the stream with stone fill. Mr. Paggi will make sure the proper departments are notified within the NYSDOT. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The second report was in reference to the Widmer Road Realignment. In his report Mr. Paggi ggi indicated on his plan that the right of way in the vicinity of the Villa Borghese is only 30 feet wide, restricting the realignment of the road. This is the portion of the road with poor sight distance requiring geometric modifications. In order to facilitate the redesign of the road, additional R.O.W. will be required in this area. Therefore he feels that the acquisition of additional R.O.W. is essential to the overall efficiency and safety of the road realignment. To go ahead and reconstruct the roadway as shown would be only a partial solution, and inefficient way to utilize the grant money available. He would like authorization from the Town Board to pursue the acquisition of approximately 30-40 more feet of R.O.W. in this area as shown on the plan. Page 6 940822.RGM COUNCILMAN INCORONATO moved to authorize Engineer to the Town and Attorney to the Town to proceed with attempts to get necessary easements. Seconded by Mrs. Visconti Motion Unanimously Carried ,. A request was received from Edward Kellogg. of The Alpine Company of Poughkeepsie to authorize the release of their Landscaping Bond #4900020 in the Amount of $150,000.00. As a result of the site visit it was determined that all of the landscaping was completed and in good shape. COUNCILWOMAN VISCONTI moved to authorize the release of the Landscaping Bond #4900020 for $150,000.00 as stated, based on the recommendation of the Zoning Administrator, Herb Levenson. Seconded by Mr. Incoronato Motion Unanimously Carried A letter was received from Daniel O'Connor, Public Health Engineer of the Dutchess County Department of Health advising the Board that the plans and engineer's report for the Emergency Services Building submitted to his office were approved on July 27, 1994. The approval is granted on condition that the sewage disposal facility is installed in complete conformity with approved plans and the following two conditions. 1. THAT a dry sanitary sewer lateral is installed to facilitate hook-up to the future central sewer system. 2. THAT the grading around the sewage treatment system is extended. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Page 7 940822.RGM At this time, Mr. Incoronato asked Mrs. Smith if all the contracts and leases were signed for the Emergency Services Building. Her reply was yes, plus the bid opening was today with a 5% contingency, with groundbreaking set for early September. A request was received from Bernard L. Rullman of 95 Losee Road for permission to become a tenant to the Central Wappinger Water Improvement Area. According to correspondence submitted to the Town Board by Engineer to the Town, Jay Paggi, it appears as if Mr. Rullman's well has failed both in quantity and quality. COUNCILMAN VALDATI moved to give permission to Mr. Rullman of 95 Losee Road to become a tenant to the Central Wappinger Water Improvement Area, based on the recommendation of Engineer to the Town, Jay Paggi and subject to a road opening permit. Seconded by Mr. Ruggiero Motion Unanimously Carried Because of a failing septic system, a request was received from Jan Bernich of 6 Foxhill Road for authorization to connect to the Oakwood Knolls Sewage Plant. The Board of Health had inspected the sewage disposal system, and observed that the system was undergoing failure and had no objection to their connecting to the Oakwood Knolls Sewer District. COUNCILWOMAN VISCONTI moved to authorize Mr. Bernich of 6 Foxhill Road to connect to the Oakwood Knolls Sewage Plant. based on the recommendation of Joseph Marcogliese, PE of the DEC. Seconded by Mr. Ruggiero Motion Unanimously Carried Lastly, correspondence was received from David DeCerbo, of Paggi & Martin in response to the request to investigate the drainage problems at the end of Baldwin Drive. Page 8 940822.RGM A field inspection was conducted by Mr. DeCerbo and the Highway Superintendent, Graham Foster. Due to the Steepness of the surrounding topography and lack of closed storm system, the runoff has no relief except to flow to the West across the cul-de-sac and down a driveway on the West side of Baldwin Drive. In order to reduce erosion to the residence driveway, they are proposing a series of catch basins, storm pipe, asphalt berm and end section in order to contain and transport the runoff to an existing stream which flows behind the housing development on Baldwin Drive. Much of the surface water and overland runoff will be removed as a result of the proposed improvements. COUNCILWOMAN VISCONTI moved to authorize attorney to the Town Al Roberts, and Engineer to the Town Jay Paggi, to prepare the necessary papers to proceed. Seconded by Mr. Ruggiero Motion Unanimously Carried After the vote, Mr. Paggi informed the Board that a memo was drafted to Attorney to the Town Al Roberts, with a sketch of adjacent properties so he can get the necessary easements. COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI questioned the Zoning Administrator, Herb Levenson regarding several empty Bins that had been left at the defunct Sunoco Station on the corner of Old Hopewell Road & Route 9. Apparently it had become a breeding ground for trash. Mr. Levenson informed Mr. Valdati that they traced the owners of the Bins, and they had been removed from the area. COUNCILMAN INCORONATO reported on his findings regarding the Page 9 940822.RGM upgrade of the PCs for the Town. It was discovered that Debbie Hongach had never deleted documents from her computer. He suggested that she delete documents that are no longer needed, and it would be adequate for her needs for the next 5 years. In checking on Mark Lieberman's computer; it is equivalent to a 20 year old car. The only thing it is good for is a door stop. It is no longer adequate for its purpose. Hi -tech contemporary software can not be loaded in it. A 486 Micro Processor was suggested. They can be purchased from the State Pool for a cost of $1000-$1200. Fishkill has contemporary software for their computers, and it seems to be working well for their Building Department. Mr. Incoronato will also go over information he received from Mr. Levenson and report back to the Board at the next meeting. COUNCILWOMAN VISCONTI had not reports at this time. SUPERVISOR SMITH discussed her roll as the Lead person for Sales Tax with the County for the Supervisors Association. She reported that they wrote a letter stating no less, and if the Sales Tax increases to 8% as State Law now allows, we would like our share. The possibility of it being lowered is no longer feasible. Mrs. Smith also asked for authorization from the Town Board to send a letter stating the Town of Wappinger wants no less. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to send a letter from the Town Board stating that we want no less. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Smith also spoke on Tri -Muni. A resolution is needed for addendum #5, authorizing the inclusion of the Compost work to be included in the original contract. Page 10 940822.RGM The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption. RESOLVED, that the Town Board of the Town of Wappinger authorizes the Tri -Municipal Sewer Commission to include in their bid the construction of the Compost Section of the ,r. expansion. Seconded by Mr. Ruggiero Motion Unanimously Carried Lastly, Mrs. Smith questioned Mr. Foster regarding several Purchase Orders from the Highway Department. In particular one for maintenance from Dutchess Overhead Doors in the amount of $1800. Do you need authorization? Mr. Foster replied, yes. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to sign the maintenance contract to Dutchess Overhead Doors in the Amount of $1800. Seconded by Mr. Incoronato Motion Unanimously Carried BONDS AND LETTERS OF CREDIT Mr. Levenson's Monthly report on schedule of Bonds and Letter of Credit was received and he also submitted a copy of letters forward to (1) Herb Redl, John Lawrence, and K&J Partnership, Wyndham Crossing notifying them that their Letter of Credit in the amount of $118,396.00 will expire on December 9, 1994 and take necessary steps to review said letter of Credit by no later than November 1, 1994. (2) Frank Buyakowski, Spring Terrace Subdivision notifying him that his letter of credit in the amount of $208,729.00 will expire on November 23, 1994. A request was made to file a renewal of the bond by October 14, 1994, and file same with the Zoning Administrators Office. Page 11 940822.RGM COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's Report of the schedule of Bonds and Letter of Credit and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Levenson Also Submitted a Irrevocable Letter of Credit No. I-171-BKCT-57000356 drawn by Mr. William Staples covering the Red Hawk Hollow subdivision roads in favor of the Town of Wappinger in the amount of $62,601.00. Mr. Paggi recommended that the roads be accepted as soon as possible, perhaps it can be put on the September Agenda. Mr. Foster advised the Board that 2 catch basin tops are crumbling and this work would need to be done as soon as the Roads are accepted. The Developer will be notified, in case he wishes to do the work voluntarily, otherwise the money would come out of the maintenance Bond. Mr. Roberts, Attorney to the Town advised the board that he would be seeing Mr. Caplicki and present him with the Boards recommendation. COUNCILWOMAN VISCONTI move to table Red Hawk Hollow. Seconded by Mr. Incoronato Motion Unanimously Carried RESOLUTIONS A Public Hearing, having been held on August 22, 1944 on a Local Law Amending Local Law #10 of 1975 Regulating the Assembly of persons in Public Places within the Town of Wappinger, the matter was now placed before the Board for their Consideration. COUNCILMAN VALDATI moved to adopt Local Law #2 of the year 1994 AMENDING LOCAL LAW No.#10 of 1975 Regulating the Assembly of persons in Public Places within the Town of Wappinger. (Attached hereto and made part thereof of the Minutes of this meeting). Seconded by Mrs. Visconti Motion Unanimously Carried Page 12 i LOCAL LAW . # 20F THE YEAR 1994 A LOCAL LAW AMENDING LOCAL LAW #10 OF THE YEAR 1975, A LOCAL LAW REGULATING THE ASSEMBLY OF PERSONS IN PUBLIC PLACES WITHIN THE TOWN OF WAPPINGER Section 1. Fees. Section 4.1 of Local Law #10 of the Year 1975, A Local Law Regulating the Assembly of Persons in Public Places within the Town of Wappinger is hereby amended to read as follows: The applicant shall pay to the Town a fee per each application as follows: for a 1 -day event - $1,000.00 for a 2 day event - $1,500.00 for a 3 or more day event - $2,000.00 Applications made by the State of New York, County of Dutchess or Town of Wappinger shall be exempt from such application fees. Section 2. Ratification. Except as specifically modified and amended by the adoption of the amendments set forth above, Local Law #10 of the Year 1975, "A Local Law Regulating the Assembly of Persons in Public Places within the Town of Wappinger", as from time to time otherwise amended, is hereby ratified, confirmed and readopted. Section 3. Severability. In the event any portion of this Local Law is declared to be unenforceable by a Court of competent jurisdiction, all of the remaining portions shall continue in full force and effect. Section 4. Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 940822.RGM A request was received from Ann Buckley, Comptroller, for Budget Amendments for the Well Fields (CWW). In order to complete the action, the following steps are necessary: General Town Wide (A) Fund Expend. Acct. 1380.40A Incr. 199.03 Coupon Fees Expend. Acct. 1660.40A Incr. 1000.00 Central Storeroom Approp. Fund Bal. 599A Incr. 1199.03 Approp. Fund Bal. Sewer Fund (ST) Wappinger Sewer Trans/Treat Expend. Acct. 9730.70ST Incr. Expend. Acct. 9730.71ST Incr. Approp. Fnd Bal. 599ST Incr. Water Fund (WN) North Wapp. Water 238.83 BAN Int/Plant 7.65 BAN Int/Tran.Lines 246.48 Approp. Fund Bal. Expend. Acct. 8310.40WN Incr. 800.00 Administra/C.E. Expend. Acct. 8320.40WN Decr. 800.00 Source of Supply (WO) Oakwood Water Expend. Acct. 9730.70WO Incr. 3.00 BAN Interest Approp. Fnd. Bal 599WO Incr. 3.00 Approp. Fund Bal. COUNCILWOMAN VISCONTI moved to authorize Ann Buckley the above Budget Amendment requests to bring the budget in line. Seconded by Mr. Incoronato Motion Unanimously Carried Another request was received from Ann Buckley, Comptroller to move interest from CWW Capital Project to CWW Water District $10,460.00. Also to be included is the transfer for the vandalism patrol from $15,000.00 to $16,845.00 for the police package. COUNCILWOMAN VISCONTI moved to authorize Ann Buckley, Comptroller to transfer funds from CWW Capital Project to CWW Water District $10,460.00 and also to be included is the transfer for the vandalism patrol from $15,000.00 to $16,845.00 for the police package. Seconded by Mr. Incoronato Motion Unanimously Carried Page 13 940822.RGM The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption. WHEREAS, the Town Superintendent of Highways has been requested by the County of Dutchess to participate in the regional County Highway Snow and Ice Control Program within the boundaries of the Town, and WHEREAS, and logically, an earlier or sooner response factor can be provided by Town units and personnel within the locale thereby benefiting the overall safety and welfare of town residents and local community interest, and WHEREAS, such participation by the Town in removing snow from designated County Highways, and by sanding and salting or otherwise treating them for the purpose of maintaining highway safety and accessibility for emergency services, is specifically authorized by article 6, Section 135 of the New York State Highway Law, now, therefore, be it Resolved, that the Town Highway Superintendent be and is herein authorized to perform such work as is found necessary, at hourly rates as agreed upon by the Town and the County for the renting and hiring of such equipment for the Winter season 1995-1995. Seconded by Mr. Valdati Motion Unanimously Carried After the vote, Mr. Foster was questioned as to which roads would be maintained, and his response was, Middlebush Road, Creek Road and New Hamburg Road. The next Item to be placed before the Board is the Change Order No. 1 24" Storm Sewer Replacement on Myers Corners Road. In correspondence received from James Bedore, Project Engineer of Page 14 F, 91 940822.RGM Paggi & Martin, several Problems occurred when D.E.W. Construction started to excavate for setting the first catchbasin. a) Existing map representation of 24" pipeline alignment incorrect, pipeline not layed straight from beginning to end. b) Invert elevations of existing pipeline inconsistent throughout pipeline, resulting in an additional excavation depth of approximately 1.80 feet throughout project. Both of these problems have resulted in having to add an additional thirty-four (34') feet of 24" storm sewer pipe and increasing the depth of the four (4) required catchbasins. This will require a change order issued in the sum of $5,280.18. COUNCILMAN VALDATI moved, upon the recommendation of James Bedore, Project Engineer of Paggi & Martin, for approval of Change Order No. 1, Myers Corners Storm Sewer Replacement, for a total amount of $5,280.18. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILWOMAN VISCONTI moved to adopt the following form for the Benefit Unit Assessment Grievance Application. BENEFIT UNIT ASSESSMENT GRIEVANCE APPLICATION TOWN OF WAPPINGER The deadline for filing this application with the Wappinger Assessor is September 1. A written response from the Town Board to the applicant, regarding the outcome of this grievance, shall be forthcoming within 60 days. Upon completion of this form by the property owner or his/her representative, this form should be mailed or delivered to the Wappinger Town Assessor, 20 Middlebush Road, Wappingers, Falls NY 12590. L. Page 15 940822.RGM DATE OF APPLICATION: PROPERTY OWNER: Name Address Telephone # (H) (B) Representative's Name/Address (if applicable) TAX MAP IDENTIFIER (GRID NUMBER ON TAX BILL: GROUNDS FOR GRIEVANCES TYPE (WETLANDS, ELECTRICAL, GAS, ETC.) NUMBER OF UNUSABLE ACRES INVOLVED IN THIS APPEAL (S): BENEFIT UNIT REDUCTION REQUESTED (ACRES) PRESENT BENEFIT UNIT ASSESSMENT: FURTHER COMMENTS REGARDING SUBJECT PROPERTY: TOWN BOARD DECISION TO APPROVE/DISAPPROVE THIS APPEAL: TOWN SUPERVISOR'S SIGNATURE/DATE: ATTACH DOCUMENTATION ATTACH WRITTEN DECISION & EXPLANATION Seconded by Mr. Ruggiero Motion Unanimously Carried Lastly, the following resolution was offered by the COUNCILWOMAN VISCONTI (for Home and Non -Homestead Development tax rates). (1) I, the clerk of the legislative body of the Town of Wappinger, an approved assessing unit, hereby certify that the legislative body determined on August 22, 1994 adjusted base percentages, adjusted percentages and adjusted base proportions as set forth in the 1994 Assessment Roll and portions Page 16 940822.RGM (2) I, the clerk of the legislative body of the Town of Wappinger, an approved assessing unit, hereby certify that the legislative body determined on August 22, 1994 base percentages, current percentages and current base proportions as set forth herein for the 1994 Assessment Roll and portions identified. Seconded by Mr. Incoronato Motion Unanimously Carried UNFINISHED BUSINESS At this time Supervisor Smith set a Special Town Board Meeting for August 30, 1994 at 5:00 P.M for the Purpose of Awarding the Bids for the Emergency Services Building. NEW BUSINESS COUNCILWOMAN VISCONTI questioned Mrs. Smith on some recent Legislative Update that she received from our State Assembly Woman concerning tax relief that would be passed down to property owners. How much would Wappinger be getting? Mrs. Smith replied, she received notice that Wappingers is not getting as much as it normally gets. She has no figures at this time, but as soon as she receives the information, she will share it. COUNCILMAN INCORONATO questioned Mr. Roberts, Attorney to Town regarding the Thalman rezoning request. Mr. Roberts explained that Mr. Thalman was in his office several week ago, and part of the proposal was to have a conceptual site plan approved by the Planning Board, to be attached to the contract. A sketch plan is being put together. After the Planning Board reviews it they will make their recommendations, and it will go to Workshop. SUPERVISOR SMITH related that a resident stopped her on Mina Drive near Spook Hill Road, regarding the many accidents that have occurred there. Mrs. Smith requested that Graham Foster Page 17 940822.RGM and Jay Paggi please go check the area and see what can be done to help alleviate this problem. Also, Graham to check 11 Nancyaleen Drive. Apparently the Town put in a curb which is coming apart, and the area was never reseeded either. MR. VALDATI questioned Mr. Paggi on the status of the water connection to the Highway Department. Mr. Paggi replied that he is still in progress of getting an easement, and it's much more realistic than it was a month ago. MR. RUGGIERO brought up a reoccurring problem that he has encountered on Route 9 and Old Hopewell Road. It seems that there are fund raisers collecting money on Route 9 quite frequently. Traffic gets backed up and presents a safety problem. Is there anything that the Town can do. Mrs. Smith explained that it is a State Road and the fund raisers were given Permits. It was decided that the Supervisor would send a letter to the State suggesting that in future, there is more Safety patrol on Route 9 when there are fund raisers on Route 9. MR. FOSTER reported that the Salt Shed facility is half stained, to protect it from the elements, and help is being provided from the community services personnel. If more help is needed Mrs. Smith said she would be able to provide it for him. There was no other business to come before the Board. COUNCILMAN INCORONATO moved to adjourn the Town Board Meeting, Seconded by Mr. Ruggiero and Unanimously Carried. The Meeting adjourned at 8:50 P.M. Elaine H. Snowden Town Clerk Page 18 In 940822.PH A Public Hearing was held by the Town Board of the Town of Wappinger on August 22, 1994 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending Local Law #10 of 1975 Regulating the Assembly of Persons in Public Places within the Town of Wappinger. Supervisor Smith opened the Hearing at 7:20 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman 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 Herbert Levenson, Zoning Administrator The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Meeting). There were no comments or questions from the audience in reference to the proposed Local Law. MRS. VISCONTI moved to close the Public Hearing, Seconded by Mr. Incoronato and Unanimously Carried. The Public Hearing closed at 7:21 P.M. C�- Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF 40TICE OF PUBLIC HEARING ON ?ROPOSED LOCAL LAW AMENDING LOCAL :,AW #10 OF 1975 REGULATING THE kSSEMBLY OF PERSONS IN PUBLIC PLACES VITHIN THE TOWN OF WAPPINGER. ---------------------------------- STATE OF NEW YORK ) ss: ;OUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and ,ays : That she is the duly elected, qualified and acting Town ;lerk of the Town of Wappinger, County of Dutchess and State )f New York. That on August 10, 1994, your deponent posted a copy of :he attached notice of Public Hearing on a Local Law Amending vocal Law #10 Regulating the Assembly of Persons in Public Places within the Town of Wappinger on the signboard maintained Iby your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger n Sworn to before me this oloq day of det t 1994. lT ------------------------- Notary Public J.INDA M. LIUCCI "Otery Public, State of Now Y0* No 2381720 Dualilied in Dutchess COU� �i Commission Expires 10/31/19. 3 1 Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. _Legal io't es 2< i .............:?oan, Mi,l,ler„. .„ .. of the k. NO. ICEOFPUBLK:HEARING ,' Town of Wappinger, Dutchess County, New York, TOWN 6F WAPPINOER N0Tr,EeHORM.�NVENthst being duly sworn, says that he is, and at the several thr ' Tuv in Boiie'iil ” TOW a; g Y Y Wappinger will &ndud • Public HnrinponaN.Md+YaMrow+: times hereinafter was, the .1QuKkeeeex.......... 11*4 D Ru ih. TWO Hd; odf "° V of the SOUTHERN DUTCHESS NEWS, a Oki'' newspaper printed and published every Wednesday d�y'w b: { Town baa d tn.'� ' . Al Wapplri�, gwv1*1adW ►a in the Town of Wappinger, Dutchess County, New +1, a tlr YaarJ4Y4•;;`A. Lraw,, amanilnpiwi 6w, 10if11075, � Locallawa m.A...mbhi York, and that the annexed NOTICE was duly of oro PanInPubk wAhlnih�. , Town a waopkp:rbr`r+aaarw published in the said newspaper for one weeks apwmlonhaa.as, .:.,., P P P rol0fr:xdq day successively in each week, commencing on the a o3ormgrl, ,Ii2.OW.W s�. N.wYotk; � or ... day of ......t ...August. 1994.. and on the TgMm1N EiixMrPt following dates thereafter, namely on ,Vv4I SRaAKE URTHEA ice' ' ' tiffMaaWl.obd � Law kw ................ ...... i •0th................. Ll ...... . ►wbw` Kundro.01'I ....... "" T°""" a"I` °"""d''" from and ending on the da o f 6:Osm1o4�Opm kTvwnHd, g' ..... •••••••• Y •.• Y.2•:•... 20 MlddNbwh-Road tVappYpan Falr.Nwax rk � n 10A both days inclusive. - siBY.ORDER OF THE TOWN 90ARD OF THE 70 Op XIIIIPpp2J(�ER E SNOWDEN WNCIERK, .. .. .. Subscribed and sworn to before me this .... day of ... A.u1991.. Notary Public My commission expires ................................. RACHEL WISHART F&MRY PUBLIC, STATE OF Ne'N roRk VJAUFIED IN DUTCHESS N 144M5n, p ONSSiON EXPIRES MARCH 3., 1