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1993-02-23 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 22, 1993 7:30 p.m. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL Pledge Allegiance to Flag 3. Accept minutes Reg. Jan. 25, 1993 4. REPORTS OF OFFICERS : Town Justices Receiver of Taxes Compt/Sup. Recreation Annual Report Bldg. Insp. Zng. Adm. Dog Control Office 5. PETITIONS & COMMUNICATIONS a. Satellite Castle Corp. request for rezoning of property on Rte 37 b. Notification of intent to renew liquor license for Pizza Hut c. Report from D. Co. Dept. of Health re: Annual Inspection of Town Water System - Authorize legal notice of receipt, filing & availability of reviewing at T/Hall of Report d. Authorize Town Water Dept. to purchase 2 meter reading guns for meter Readers e. Authorize Engineer to Town to complete map, plan and report for Atlas Water f. J. Paggi, Eng. to Twn. Reports: (1) _Town Water Systems, possibl expansion (2) T/Highway Garage Water connection (3) Proposed Salt Shed Facility SEQRA Environmental Assessment form g. Authorize J. Paggi to seek proposals to perform samplings, Lab work, and analysis of wellfields to determine surface waters h. Request from F. Buyakowski for Airport Drive Maintenance'Bond Release. i. Request for use of Voting machines for March 16th Village Electio j. Resignation of Joseph Mastrionni as member of Recreation Comm. k. Accept Engineers Report on Castle Point Landfill Closure, and Authorize him to submit it to NYSDEC 6. COMMITTEE REPORTS 7. BONDS AND LETTERS OF CREDIT H. Levenson REport 8. RESOLUTIONS a. Request from comptroller for Fund Balance Appropriation and Transfers b. Recreation Commission requests for (1) Authorization for P.O. for Blacktop work, Robinson Lane (2) Authorization for P.O. for fertilizer (3) Transfer of Funds for Salary of Weber, Playgrounds maintenance 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT 3), RM22293 The Regular Meeting of the Town Board of the Town of Wappinger was held on February 22, 1993, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the Meeting at 7:00 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman June Visconti, Councilwoman Robert Wallace, Councilman Elaine H. Snowden, Town Clerk Absent: James Mills, Councilman Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Herbert Levenson, Zoning Administrator The Supervisor invited all to join in the Pledge of Allegiance to the Flag. MINUTES --- The Minutes of the Regular Meeting of January 25th and the Special Meeting of February 12, 1993, having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Valdati Motion Unanimously Carried REPORTS --- Reports for the month of January were received from Town Justices, Receiver of Taxes, Building Inspector, Zoning Administration, Dog Control Officer, Highway Report and the Recreation Annual Report. The Highway Report was received late, but in view of the many hours that were put in by the Superintendent and his crew, Mrs. Smith felt it was commendable that he even put one in for their consideration. RM22293 MRS. VISCONTI moved to accept the Reports and place them on file. Seconded by Mr. Wallace Motion Unanimously Carried Prior to the vote, Mrs. Visconti referred to the new form the Dog Control Officer was given to submit and noted that it was not completed as it should be and requested that the Supervisor have her come to a work shop to discuss the procedure they want her to follow. Mrs. Visconti commended the Recreation Commission for their Annual Report and asked that a few copies be left at the Town Clerk's counter for the public's perusal so they would be aware of the work that this Commission does. PETITIONS & COMMUNICATIONS --- A request was received from Frank Buyakowski, President of Satellite Castle Corp., p , or a rezoning of the former Castle Racquetball and Sports Club on Route 376 to Highway Business. The following Resolution was moved by COUNCILWOMAN VISCONTI and seconded by Councilman Wallace: WHEREAS, Family Farm, Inc., 7006 Chelsea Clove Drive North, Hopewell Junction, New York 12533, has submitted an application dated February 1, 1993 requesting that a + 5.005 acre parcel located at the intersection of Route 376 with County Route 93 in the Town of Wappinger, Dutchess County, more formally described as Tax Map Grid Number 19-6358-01-296627-00 and owned by Satellite Castle Corporation, 1400 Route 52, Suite 3, Hopewell Junction, New York 12533, be rezoned from Corporate Office Park (COP) to Highway Business (HB); and WHEREAS, the aforementioned parcel is formerly the site of the Castle Fitness Club, and is presently abandoned and non- operative; and WHEREAS, the Town Board of the Town of Wappinger has determined it to be in the public interest to formally consider the proposed rezoning as requested by the applicant, in accordance with the procedures set forth in the Town Zoning Law, Town Law, General Municipal Law and Environmental Conservation Law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby accepts for consideration the iho• 3� RM22293 application of Satellite Castle Corporation dated February 1, 1993 in the form annexed hereto. 2. The Town Board hereby determines that the intended action, i.e., the rezoning of the property, is an Unlisted Action pursuant to Article 8 ECL and the related Title 6 Part 617-NYCRR and Local Law #6 of 1992 and an action for which there are no other involved agencies. 3. 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. 4. The Town Board has caused to be completed Part 1 and Part 2 of the full form EAF for this project, in the form affixed to the application attached hereto. 5. The Town Board has reviewed the intended action with respect to the criteria set forth in 617.11, NYCRR and hereby specifically reserves its DETERMINATION OF SIGNIFICANCE pending advisory review and comment from the Dutchess County Planning Department and the Town of Wappinger Planning Board as set forth hereafter. 6. The Town Board of the Town of Wappinger further directs the Town Clerk to act as follows with regard to the proposed local law: a. To send a copy of this resolution and the annexed application to the Dutchess County Planning Department for advisory review in accordance with Section 239 of the General Municipal Law; and b. To send a copy of this resolution and the annexed application to the Town of Wappinger Planning Board for advisory review in accordance with the Town of Wappinger Zoning Law. Roll Call Vote: 4 Ayes 0 Nays Councilman Mills --Absent Notice of Intent to Renew their Liquor License was received from Robert Geist, President of the Pizza Hut, located on Route 9 in the Town of Wappinger. MRS. VISCONTI moved to accept the correspondence and place it on file with no comment. Seconded by Mr. Wallace Motion Unanimously Carried 6= A Report was received from the Dutchess County Department of Health regarding their annual inspection of the Town Water System. The Emergency Plan prepared by Camo Pollution Control has been completed and now requires a publication informing RM22293 the residents of this fact. MRS. VISCONTI moved to authorize the Town Clerk to place a publication in the Southern Dutchess News stating that the Emergency Plan is on file in the Supervisor's Office in the Town Hall and available to the public for their review and comments during regular working hours of 8:30 A.M. to 4:00 P.M. up to March 15, 1993; authorized the Supervisor to send a letter on official letterhead to those commercial users who have back-flow preventors indicating that they must have them certified yearly at their expense; authorize the Supervisor to send a letter to Governor Cuomo, Senator Saland, Assemblywoman Hickey, etc. that this is the first the Town has been notified that these samples are no longer paid for by the State and this Town Board is totally opposed to this since there is no funding for mandates and their position is that this is unconscionable. Seconded by Mr. Valdati Motion Unanimously Carried Next was a request from the Water & Sewer Billing i;lerk to purchase two meter reading guns for the Meter Readers at a total price of $1,800.00 which will enable her to read both the old and the new meters. MR. VALDATI moved Lo authorize the purchase of two meter reading guns, as requested. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence was received from the Engineer to the Town requesting that he be authorized to complete map, plan and report on the Atlas Water System for raising the existing well arr casing elevations above the 100 year floodplain elevation, as mandated by the New York State Department of Health . MR. VALDATI moved to authorize the Engineer to the Town to complete the map, plan and report for the Atlas Water System, RM22293 as requested. Seconded by Mr. Wallace Motion Unanimously Carried The Engineer to the Town submitted three reports, the first re Town Water Systems, possible expansion, for information. MRS. VISCONTI moved to accept the correspondence. Seconded by Mr. Wallace Motion Unanimously Carried The second report referenced the Town Highway Garage Water Connection which the Supervisor set for a work shop on the 8th of March. MRS. VISCONTI moved to authorize the Attorney to the Town to proceed with acquiring the necessary easements for the water connection to the Town Highway Garage. Seconded by Mr. Valdati Motion Unanimously Carried In this report the Engineer confirmed the fact that the Highway Garage does not have a connection to the Village water line after they ran a hardness test at the Town site. The Supervisor added that she had Camo Pollution take a water sample from a Village residence and a sample from the Highway to test hardness, (one tested hard, one did not), but she wanted to have this on record just in case it came up again in future years. The third report referenced the Proposed Salt Shed Facility and included the Environmental Assessment Form for the construction of the salt storage facility at the Town Highway Department. om MRS. VISCONTI moved to declare A Type I Action, Town Board as Lead Agency and a negative declaration for the proposed Salt Shed Facility at the Town Highway Garage and authorize the 1� RM22293 Supervisor to sign the required documents. Seconded by Mr. Valdati Motion Unanimously Carried The Supervisor indicated that she would go before the Planning Board on March 1, 1993 with the Salt Shed Facility, the Senior Center Expansion and the Voting Machine Shed Expansion. The Engineer submitted correspondence re ground water under the influence studies for Central Wappinger Water and North Wappinger Water. All public water systems will be required by the Health Department to submit information so it can be determined if the groundwater source is influenced by surface waters by June 1994. MRS. VISCONTI moved to authorize the Engineer to seek proposals to perform samplings, laboratory work and analysis of wellfields to determine surface waters for Dutchess County Health Department approval prior to commencing any work. Seconded by Mr. Wallace Motion Unanimously Carried A request was received from Frank Buyakowski of Satellite Investments to release the Maintenance Bond on Airport Drive. A recommendation was received from the Engineer stating that both he and the Highway Superintendent inspected the road and found the work to be acceptable and the bond should be released. MRS. VISCONTI moved to release the Maintenance Bond on Airport Drive, based on the recommendation of the Highway Superintendent Engineer to the Town. Seconded by Mr. Wallace Motion Unanimously Carried Mrs. Smith noted that Mr. Buyakowski was present with his people who planned to work on "The Castle" remodeling and asked if there was any objection from the Board if they made RM22293 their presentation at this time. No one objected and plans of their proposed project were displayed and explained by him. There will be a main retail food area where the racquet courts were in an area of about 7,000 square feet; there will also be ilow a big walk in freezer toward the rear. As the business grows they will plan the remainder of the building. Mr. Buyakowski had planned to make his presentation earlier when the Board addressed the rezoning, however, he thought the meeting started at 7:30, not 7:00 and he arrived late. A request was received from the Village Clerk for the use of three Town Voting Machines for their Election on March 16, 1993. MR. VALDATI moved to approve the request of the Village for the use of three Town Voting Machines for their Election Day of March 16, 1993. Seconded by Mrs. Visconti Motion Unanimously Carried *Mr A resignation was received from Joseph Mastroianni as a member of the Town of Wappinger Recreation Commission. MRS. VISCONTI moved to accept Mr. Mastroianni's resignation with regret and send him a letter of thanks for over twelve years of service to the Town. Seconded by Mr. Wallace Motion Unanimously Carried Engineer's Report on the Castle Point Landfill Closure --- MRS. VISCONTI moved to accept the Report received from the Engineer on the Castle Point Landfill Closure and authorize him to submit it to the New York State Department of Environmental Conservation. Seconded by Mr. Wallace Motion Unanimously Carried 5� RM22293 COMMITTEE REPORTS --- Mr. Valdati commended the Highway Department for the excellent job they were doing on clearing the roads of all the snow that has piled up during these weeks. Mrs. Visconti spoke on resolutions voted on at the Association of Town's Meeting and although during their discussion of them at the last meeting they agreed to approve them, there were three that were defeated for good reasons. One referred to open space conservation and involved the Adirondack Park people; it became a tremendous debate and was defeated because they thought these people might get lost in the shuffle and not get treated fairly and all agreed there should be no more sale of property in this area to the State. The second one was an amendment to the tax law that would grant the same rights and privileges to towns as cities now enjoy, relative to sales tax revenue within the county. However after listening to the other side, possibly big towns would get better than little towns and they didn't want to start divisions in the Association of Towns, so this was defeated. The third one defeated which would affect us related to the repeal of a recent mandate requiring tax collectors to send delinquent tax notices to all property owners at the expiration of the interest free period. This is a costly mandate, Mrs. Visconti pointed out, but its repeal was defeated by a vote of 112-105. Mr. Wallace had no Reports for this Meeting. Mrs. Smith, re recycling, talked to Frank Capone, contact person with Royal Carting, and Graham Foster, about going to compactor .. rather than bins. They are currently taking 2 dumpsters a week at a cost of $150, during Christmas holidays, it's 4 dumpsters; a compactor would cost about $100 a month, a savings of $200 a M RM22293 month; it's cleaner, healthier, neater looking operation. We would need underground electric for this operation which she planned to address under New Business. Mrs. Smith pointed out that it would also result in a savings in hauling. A second report from Mrs. Smith was a sad story about her very sick car which could have resulted in her asphyxiation due to her smoke filled car last week when she started off to work. She also found out that the brakes weren't working. The car is at the highway for an estimate to get it well again, however she feels very strongly that it should be junked. If they should decide to go to bid for another car for her, she did not want to sell the car to anyone as they have usually done when replacing a vehicle. This will be addressed under Unfinished Business. Mrs. Smith, Association of Town's Report, Financial Seminar -- we know definitely we will be getting a bill from Retirement and although we are in good shape financially since she has socked the money away, the account that it was put in may not be legal. She informed the instructor that it didn't matter what kind of account it is, we have the money and she won't have to increase taxes to pay this bill. She has since tried several times to get Audit & Control to change the rules and switch money from "B" to "A", but they didn't go for it. They may get their hands slapped but as far as Mrs. Smith is concerned, the money is there. The Supervisor's next report was a short one on the heat situation in the Town Hall, which has been nil. Something faulty is burning up the circulators, however, our maintenance people, Silvestri Bros. have found out they have a warranty and ,. have replaced them. They have given us excellent service and there was heat in the Meeting Room that night. Hopefully when they have put in ventilation, etc. things will improve. RM22293 BONDS/LETTERS OF CREDIT --- Mr. Levenson reported that Gordon Schetter, Fishkill National Bank had contacted him and will submit the Letter of Credit on Nicole Farms tomorrow. Red Hawk Hollow and Lookout Point Subdivision have been notified of their call up dates of 2/1/93 and 3/1/93. MRS. VISCONTI moved to accept the Report and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried RESOLUTIONS --- The following request was received from the Comptroller for Fund Balance Appropriation and Transfers: A FUND $417,924.00 212,400.00 205,524.00 - 100,000.00 105,524.00 - 68,324.00 37,200.00 - 7,200.00 30,000.00 - 30,000.00 $ -0- B FUND $495.719.00 200,000.00 295,719.00 295,719.00 $ -0- HIGHWAY $303,607.00 - 245,000.00 58,607.00 - 58,607.00 $ -0- apply 1994 taxes Salt Facility Senior Center Expanding Voting Machine Shed Heating Modification apply 1994 taxes move to a highway capital fund apply 1994 taxes replace truck #11 1973 -as per highway 5 year capital plan MRS. VISCONTI moved to approve the transfers as requested by the Comptroller. Seconded by Mr. Wallace Motion Unanimously Carried MRS. VISCONTI moved to authorize the Supervisor to go out to bid on informal proposals of the expansion of the voting machine shed. Seconded by Mr. Wallace Motion Unanimously Carried Three requests were received from the Recreation Commission; 1. P.O. to do blacktop work at Robinson Lane Recreation Area in front of monument and buildings, $4,500 by Clove Excavators, Account A-7110.4, Contractual Expenses. Mr. Valdati mentioned the Highway Department doing this work, however, Mrs. Smith noted that they have their own work to do first and it was Mrs. Visconti's opinion that the Chairman, Mr. Holt would have touched base with Mr. Foster on this if he felt it could be done. MRS. VISCONTI moved to authorize the expenditure of $4,500 to Clove Excavators for blacktop work at the Robinson Lane Recreation Area if the Highway Superintendent cannot arrange for the Highway Department to do this work. -- Seconded by Mr. Wallace Motion Unanimously Carried The second request was for a P.O. for $2,500 for fertilizer for the recreation areas from Account A-7110.4 Contractual Expenses. MRS. VISCONTI moved to approve a P.O. in the amount of $2,500 for fertilizer for the recreation areas. Seconded by Mr. Valdati Motion Unanimously Carried The third was a transfer of funds for $9,000 from B-7310.4 Contractual Expenses to B-7310.1 Youth Programs Personal Services to cover salary of Robert Weber as Playground Maintenance. MRS. VISCONTI moved to approve the transfer of $9,000 from B-7310.4 Contractual Expenses to B-7310.1 Youth Programs 1\0 RM22293 RM22293 reducing services to various municipalities in the State. At one point the Assessors and County Directors associations pleaded with the legislature to restore funds for certification and training and the legislature responded by providing additional money to E&A. What happened next was that the Certification and Training unit was dismantled and appropriated funds were used for other purposes within E&A. I can assure you that neither Assessors or County Directors are about to become part of such a scenario. It is my belief that the legislature must develop an oversight program to insure that monies appropriated for particular purposes are used only for that purpose and not diverted to the maintenance of bureaucratic staff. There is something amiss when E&A has over 500 positions and their purpose is to aid and provide good assessments throughout the State and each year they seek to reduce services to various communities which they were created to serve. Very truly yours, s/ Thomas E. Logan, Assessor MRS. VISCONTI moved to go on record that the Town Board supports Mr. Logan's letter and authorize the Supervisor to also send a well worded but strong letter of opposition to Senator Saland on this matter. Seconded by Mr. Wallace Motion Unanimously Carried Mrs. Visconti read another letter from the Greater Southern Dutchess Chamber of Commerce which was addressed to Supervisor Smith: February 5, 1993 Dear Connie: The Greater Southern Dutchess Chamber of Commerce adopted the following resolution at the Board of Directors meeting on February 3, 1993. The Greater Southern Dutchess Chamber of Commerce sees several potential benefits in the creation of a Southern Dutchess regional water system based on groundwater, as proposed by the Dutchess County Water and Wastewater Authority. The Chamber wishes to go on record as recommending the municipalities of Beacon, Village of Fishkill, Town of Fishkill, Town of East Fishkill and Town of Wappinger fully evaluate this proposal before proceeding with other plans, and request that the municipalities make any postponements necessary in order to make this evaluation. Please feel free to call on the Chamber for any assistance RM22293 in this matter. We greatly appreciate all your work, thus far, on regional water and wastewater planning. Sincerely, s/ Marsha Rozales Gordon, Pres. Robert Doyle, Chairman Mrs. Visconti was at the meeting when this came up and she took exception to the fact that our Town is working in good harmony with the other municipalities of the southern tier and the Chamber decides to adopt a resolution without first speaking with the municipalities they are trying to involve. Mrs. Smith added that Marsha Gordon told her to call and she did to inform her that this Town is not putting anything on hold and she doesn't believe we would be interested since it would be of no benefit to us. They plan to have a meeting on March 8th and the Supervisor plans to be present to listen to this proposal, however she intends to tell them "no way" and wagered that she will be the only one with the nerve to tell them that. Ms. Gordon did say that she felt bad that it came out the way it did. Mrs. Smith announced that the West Point Concert will be on March 5th, 1993 at the Wappinger Junior High School, 8:00 P.M. and invited the Board Members to attend. Mrs. Smith reported that she, the Attorney and Engineer to the Town and our Water Operators met with the officials of the Town of Fishkill and it appears that they have a good Agreement that is about to be drafted; when it reaches that stage they will meet to review the Intermunicipal Agreement which she feels will be beneficial to both. She also noted that it has been a very pleasant experience working with the Town of Fishkill, a vast difference from their negotiations with Tri -Municipal. NEW BUSINESS Mr. Paggi announced that he was happy to report that after seven years and two months we are opening our first bid on RM22293 the Tri -Municipal Project, on Wednesday, February 24, 1993 at 11:00 A.M. We are also out to bid on one of the last bids on the Drainage Bond Issue, Russell Road Drainage Project and he will have recommendations to the Town Board on both of these bids at the March 8th work shop. He asked that the Supervisor set a Special Meeting for that date so the bids can be awarded, otherwise they would have to wait for the Regular Meeting on March 22nd. The Supervisor set a Special Meeting for March 8, 1993 at 6:00 P.M. for the purpose of awarding the bids on Tri -Municipal and Russell Road Drainage Project and any other business that may come before the Board. There was no other business to come before the Board. MRS. VISCONTI moved to adjourn the Meeting, seconded by Mr. Wallace and unanimously carried. The Meeting adjourned at 8:30 P.M. Elaine H. Snowden Town Clerk SUPERiNTENOENT 13RAVIAM FOSTER 1. TOWN OF WAPPINGER SUPERINTENDENT OF HIGHWAYS P.O. BOAC 324 WAPPINGERS FALLS, N.Y. TOWN OF WAPPINGER BID REPORT 1993 (914) 297-9451 GASOLINE AGWAY PETROLEUM Per Gallon, Reg Unleaded .6440 Per Gallon, Unleaded Plus .6890 The Superintendent recommends the bid for Gasoline be awarded to Agway Petroleum Corporation. Per Gal. #2 SALT NO BIDS The Superintendent recommends taking the TIRES AND TUBES NO BIDS The Superintendent recommends taking the State bid. LIQUID CALCIUM JAMES REED Per Gal. .79 The Superintendent recommends the bid for Liquid Calcium be awarded to James Reed. BITUMINOUS CONCRETE 1993 Town of Wappinger Bid Report Dutchess Poughkeepsie Package Quarry Asphalt Pavement lA Top 25.00 25.10 27.50 1AC Top 25.00 23.35 27.50 �w lA Binder 27.00 2.5.10 N.B. 2A Binder 25.00 25.10 27.00 1A Base 25.00 25.10 N.B. Cold Mix 35.00 N.B. 35.00 The Superintendent recommends the bid for Bituminous Concrete, Hot be awarded to Poughkeepsie Asphalt. Cold mix be awarded to Dutchess Quarry with Package Pavement as backup. CULVERT PIPE (see attached ananlysis) The Superintendent recommends the bid for Corrugated Metal and A.D.S Reg and A.D.S. N12 be awarded to Brighton Steel and ESP as per highlighted attached sheet. ROAD AGGREGATES (see attached analysis) CRUSHED STONE The Superintendent recommends the bid for crushed stone be awarded to BTM, ton delivered. RUN OF BANK GRAVEL The Superintendent recommends the bid be awarded to Route 82 Sand and Gravel, cubic yard delivered. WASHED SAND The Superintendent recommends the bid be awarded to Route 82 Sand and Gravel, cubic yard delivered with Redwing as backup. WASHED GRAVEL The Superintendent recommends the bid be awarded to Route 82 Sand and Gravel, ton delivered. 37v . : 19 3 BID REPORT CULVERT PIPE } <. PER FOOT C RUG4= iL,ETAL'*. 12" -: `16 a.,6S-AWMMM •. 18" - '16 a. S. g 24" - �14 ga. 9.2d 7 30" - 14 qa. 3611— 12 a 45,6/ 6011 _ 10 S -U 6" erf.w 8" peif. /0 u perq. 30 an s same, A.D.S. REG 12" a 1.51'°l U 18" .. ,_ „ 51 L) 24'' 37v I CRUSHED STONEWASHED 3" Tail 4 8 2" f8 -.4::L Ad 23,11 lingg Run of Bank Washed Sand GRAVEL BID REPORT 19, 11 51 3" 1 1 1 f3l' ITa ii 2 8 4 All 2-�" lings I Cu.Yd-.FOB--mmmm OEM MUM mmmm��mmmmmmmm �m®mmmmmm®®®®®��