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1990-12-17 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER DECEMBER 17, 1990 - - - - - - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. Nov. 26, 1990 4. REPORTS OF OFFICERS; Town Justice Receiver of Taxes Compt/Sup Dog Control Officer Zng. Adm. Bldg. Insp. H. Supt. Mid month 5. PETITIONS & COMMUNICATIONS a. Notification of Intent to make application for Liquor License by H. Reilly, Attny, for Shadowbrook, Chelsea Rd. b. Resignation of Nancy Drennan as member of Recreation Comm. w/ recommendation from Rec. Comm. Chairman (unexpired -5/'93) C. Frederick Thomas re: STOP Sign on Smithtown Rd. requested to be relocated to Cooper Rd. at intersection w/ Smithtown Rd. d. J. Paggi, P.E., Eng. to Twn, submitted Watershed Rules & Regulations for Sprout Creek Aquifer e. T/Fishkill notification of Public Hearing on Local Law #4, amending portion of Zoning Code f. Request for Engineer to Town to inspect site at White Gates Apt. Complex drainage problem 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Consider bids for So. Fowlerhouse & Ketchamtown Rds Storm Sewer Improvements b. Consider Highway Supt. bids for 1 Cab & Mower for Ford Tractor C. Authorization for adoption of Section 75-I of the NY State Retirement Plan d. Authorize the Attorney to the Town to prepare Resolution for Bonding for Tall Trees and Rockingham e. Approve Change Order #1 for American Lumber Box Culvert Drainage project. 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT REMINDER: MEETING WITH SENIOR CITIZENS AT 7:00 P.M. 11 263 The Regular Meeting of the Town Board of the Town of Wappinger was held on December 17, 1990, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. The Supervisor opened the Meeting at 8:05 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr. Engineer Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag prior to commencing the meeting. The Minutes of the Regular Meeting of November 26, 1990, having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the Minutes of the Regular Meeting of November 26th, 1990, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Reports were received from Town Justice Wolfson, Building Inspector, Dog Control Officer for November, Receiver of Taxes, October and the Highway Report for November thru December 15, 1990. MRS. VISCONTI moved to accept the above stated files and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried Petitions & Communications --- Notification of Intent to make application for a liquor license was received from Attorney Harold Reilly for Shadowbrook on Chelsea Road. MR. VALDATI moved to accept the Notification and place it on file with no comment. Seconded by Mrs. Visconti Motion Unanimously Carried 264 A resignation was received from Nancy Drennan, member of the Recreation Commission due to her recent appointment as a teacher in the Wappinger Central School District which brings additional obligations and less spare time. A recommendation was received from the Recreation Commission Chairman to fill this vacancy. MRS. VISCONTI moved to accept Mrs. Drennan's resignation and requested the Town Clerk to send her a letter of thanks for her years of service to the Town as a member of the Recreation Commission. Seconded by Mr. Fanuele Motion Unanimously Carried The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Terrance Fisher be and he is hereby appointed as a member of the Town of Wappinger Recreation Commission to fill the vacancy created by the resignation of Nancy Drennan, and BE IT FURTHER RESOLVED, that the term of Terrance Fisher as a member of the Town of Wappinger Recreation Commission will expire on May lst, 1993. Seconded by: Councilman Incoronato Vote: 5 Ayes 0 Nays Resolution Duly Adopted A communication was received from Frederick Thomas of Riverview Drive reguesting that the Stop Sign on Smithtown Road be relocated to Cooper Road at its intersection with Smithtown Road. The Highway Superintendent had been copied on this communication and the Supervisor requested his recommendation. Mr. Foster said he had no problem with placing the sign as requested and had explained to Mr. Thomas that such action would require a Local Law by the Town Board. The Engineer noted that he and the previous Highway Superintendent had inspected the site and recommended that a Stop Sign be placed either at the intersection of Cooper and Smithtown Road, but one could also be placed on Cooper Road with two of the intersections without affecting the site distance. After a brief discussion on this recommendation, it was agreed that further review was required. MR. INCORONATO moved to table action for further review by the Engineer and the Highway Superintendent. Seconded by Mr. Fanuele Motion Unanimously Carried The Engineer forwarded a report to the Board on Watershed Rules and Regulations for the Sprout Creek Aquifer. The Supervisor had previously requested the Board Members to review this report so they would be prepared to authorize her to send this to the New York State Health Department. Mrs. Visconti commented that the Engineer did a great job, however, everything stopped in November of 1988. Although the previous administration took great pride in the fact that these rules and regulations were completed, it appears that they aren't even, in place and have not been accepted by the State Water Resources. MRS. VISCONTI moved to authorize the Supervisor to forward the Rules and Regulations for the Sprout Creek Aquifer to the New York State Health Department for their approval. Seconded by Mr. Incoronato Motion Unanimously Carried Notice of Public Hearing was received from the Town of Fishkill scheduled for January 7, 1991, Amending the Zoning Code. MRS. VISCONTI moved to accept the notification and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried A request was received for the Engineer to the Town to inspect a site at the White Gates Apartment Complex for a drainage problem. It was their contention that water was coming off of the Town road thus causing this problem. MR. FANUELE moved to authorize the Engineer to the Town to inspect the site and report his findings to the Town Board. Seconded by Mrs. Visconti Motion Unanimously Carried Committee Reports --- Mr. Fanuele had no reports for this meeting. Mr. Valdati, Drainage, referred to report from Mr. Paggi stating that the recent drainage project at Sucich Place has been successful. He viewed the situation and noted that although we did have significant rain there was no ponding of water as was the case prior to the work. Mr. Incoronato noted that the Board recently upped the Building Depart- ment fees but they have not done anything with the Downstream Drainage Fees. He felt they should be raising these fees to a more contemporary level as they haven't been touched in about eight years. The Supervisor 266 concurred with this and agreed to discuss it at their first work shop in January; she also mentioned that the Attorney should review this and the court fees for upgrading. MR. INCORONATO moved to refer this matter to a work shop discussion. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Incoronato, New York State Water Pollution Control Revolving Fund -- the Town's financial planner has stated that the Town could save almost three million dollars and the Attorney and Engineer to the Town have no problem with this and we should pursue it. Mrs. Smith had already started negotiations with this program. Mrs. Visconti, Dial -A -Ride meeting report --ridership increased about 7J$; nine new vehicles equipped with wheel chair stations on order, delivery scheduled for first week in January. Resolutions --- Bids were received and opened on the 21st of November, 1990, on South Fowlerhouse and Ketchamtown Road Storm Sewer Improvements. A total of eight bids was received and the Engineer has recommended that the bid be awarded to Nenni Equipment, as low bidder. It appears that the property of Jerod Pacilli, Ketchamtown Road, will benefit from this project and he has agreed to pay a portion of the contract. The Supervisor had discussed this at a meeting with Mr. Pacilli, the Attorney and the Engineer and it was agreed at that time that Mr. Pacilli would set up an account in the name of the Town of Wappinger in the approximate amount of $28,000. MRS. VISCONTI moved to award the Contract on South Fowlerhouse and Ketchamtown Road Storm Sewer Improvements to Nenni Equipment Corp., Part "B", Alternative No. 1, and authorize the Supervisor to sign said contract prior to January 5, 1991. Seconded by Mr. Incoronato Motion Unanimously Carried The Attorney to the Town was authorized to draw up a contract with Mr. Pacilli for a Savings Account to be set up by him in the name of the Town of Wappinger in the amount of $28,000.00+. The Engineer to the Town specified that the deadline date of January 5, 1991, for the contract signing must be adhered to. 267 The Attorney brought up the fact that there had been some discussion on waiving downstream drainage fees on his planned subdivision since the monies he was paying toward the drainage project is more than the DSD fees he would be paying. MR. FANUELE moved to waive Downstream Drainage Fees on Mr. Pacilli's Subdivision, conditional upon receipt of Savings Account in the name of the Town of Wappinger in the amount of $28,000, from Mr. Pacilli, per Agreement between Town of Wappinger and Mr. Pacilli. Seconded by Mr. Incoronato Motion Unanimously Carried The Highway Superintendent had let out bids for a cab and mower for the new tractor recently purchased on State Bid. Although only one bid was received, Mr. Foster recommended that it be accepted since Ford is the onlya)mpany which makes a cab to fit the #3930 tractor. The cab bid was $5,245.00, the mower, $5,530.00, total $10,775.00. MRS. VISCONTI moved to award the bid to FPC -Farm Products Corp. in the amounts specified, as recommended by the Highway Superintendent. Seconded by Mr. Incoronato Motion Unanimously Carried Authorization for the adoption of Section 75-I. of the New York State Retirement Plan, was placed before the Board for their consideration. This would affect five employees of the Town, all Tier I in this Plan. There would be no charge to the Town if they approve Section 75-I at this time and it would benefit these employees. MRS. VISCONTI moved to authorize the Supervisor to sign Section 75-I of the New York State Retirement Plan. Seconded by Mr. Incoronato Motion Unanimously Carried The next item on the Agenda referenced preparation of bonding Resolutions for Tall Trees and Central Wappinger Water Improvement Areas. MR. VALDATI moved to authorize the Attorney to the Town to prepare Bonding Resolutions for improvements to Tall Trees Water Improvement Area and Central Wappinger Water Improvement Area. Seconded by Mrs. Visconti Motion Unanimously Carried A Change Order for American Lumber Box Culvert Drainage Project required approval by the Board. Mrs. Smith explained that the change 268 amount is $1,420.73 and since the bid amount was considerably lower than anticipated, this will not raise it higher than the estimated amount. MR. FANUELE moved to approve Change Order #1 for American Lumber Box Culvert Drainage Project in the amount of $1,420.73. Seconded by Mrs. Visconti Motion Unanimously Carried The Supervisor requested the Attorney for a legal opinion on whether monies remaining in the Drainage Bond Account can be used for other drainage problems in the Town not included in that Bonding money. Unfinished Business --- As suggested by Mr. Fanuele at a previous meeting, the Supervisor planned to have plaques made to honor three employees who have been in the Town twenty-five years or more and planned to present them at the Reorganizationa Meeting in January, 1991. MR. INCORONATO moved to authorize the Supervisor to expend an amount not to exceed $300 for plaques to be presented to employees who have been with the Town for twenty-five years or more. Seconded by Mrs. Visconti Motion Unanimously Carried Assessor Thomas Logan wrote to the Supervisor stating his intentions to reassess the Town in the coming year since Real Property sales have been lower, he has to adjust properties. There is no action required by the Board, it is a point of information. A request from Mr. Lawrence for a bond reduction, tabled from the last meeting was again tabled for further information. Mr. Fanuele questioned the status of the Pizzagalli interconnection since they have not had the work shop on it. Mr. Paggi reported that he had met today with Pizzagalli's represen- tatives and also Atlas and Camo Pollution Control; they will meet again tomorrow and run another test on that interconnection. There are still some deficiencies so at this time he would not recommend accepting the interconnection. The people from Pizzagalli seem to feel they know the problem and will correct it. Mr. Paggi will report to the Board after the tests have been completed. 269 Mr. Fanuele had previously suggested that pictures of our Officials, past and present, be placed on the wall in the corridor and preferred an 8 x 10 size, colored. For previous ones, they'll have to take what is available. Mr. Valdati asked that the Recreation Chairman be requested to submit the program he plans for the Senior Citizen Program that the Recreation Commission is directing. MR. VALDATI moved to request Ralph Holt, Recreation Chairman, to present the proposed Senior Citizen Program to the Town Board as soon as possible. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Incoronato asked the status of the Sofair easement for the Wappinger Park Water District. The Attorney responded that they are negotiating with Mrs. Sofair and are proposing an agreement whereby she will be allocated 1,500 gallons per day with the opportunity to come back for additional gallonage required when her property is developed. Her intent is to be supplied by the water district with whatever her needs require. Mr. Paggi noted that Mr. Klein's well was tested at 75 gallons per minute; the proposal is to use it at 20 gallons per minute; Well #1 is rated at 29 gallons per minutes and will probably be used at 10 gallons per minute. The average daily demand for Wappinger Park usage currently is about 10 gallons per minute. Peter Marlow, Dutchess County Health Department made a field inspection of Wappinger Park last week and was very pleased to see the results of the work the Town has done. He has been trying for ten years to bring this water district into compliance, so he is quite satisfied with the end results. Mr. Incoronato noted that the Commissioner of Aviation, Brad Whited wrote to the Legal Department regarding the proposed Agreement between the County of Dutchess and Town of Wappinger for the use of airport property to use for composting and questioned where they stood on this matter. Mrs. Smith said she talked to the lawyer today and she is working on it but apparently, in no hurry; Mrs. Smith did point out that they must finalize this soon, so she is waiting and will report to the Board when she is informed on it. New Business --- Mr. Fanuele noted that the Election Inspectors had made complaints about working at the Wappinger Junior High. Mrs. Snowden is aware of 270 as is Commissioner William Egan who spoke to both Mrs. Smith and Mrs. Snowden and there is correspondence to the Commissioner. There will be a future work shop to discuss problems that have arisen. Mr. Fanuele asked about a Town phone being installed in the home of the Dog Control Officer, Ann Marie Buck; Mrs. Smith says they have discussed it, however, there seems to be a legality involved and they will have the Attorney investigate. This will also be discussed at a work shop. Mr. Fanuele had a combination of items to talk about ---we have a lot of mosquitoes and wetlands, we also have insecticides and to confuse us more, he added that France has a shortage of frog legs, we have the mosquitoes and wetlands, so we could set up a frog farm under zoning, this way we can kill two birds with one stone!! There is a problem, however, what do you do with a handicapped frog, he hasn't figured that out; the Supervisor said she would put her thinking cap on and do what she could to help him solve that problem. Mr. Valdati commented that when they receive Mr. Holt's proposal for the Senior Citizens they really must review it because if it's not up to their expectations that will do credit to the Town, then they must make a quick decision. He doesn't want anyone to be shortchanged in this transaction. Mr. Incoronato noted that they had been informed by Camo Pollution Control that the pumps are beginning to fail at the former landfill site at the airport and it is possible they may need replacement. They feel that the municipalities involved should get together for a discussion and he felt the Engineer should consult with Camo. The Supervisor said she had a letter from Mr. Hinckley and as a result, the Supervisors of these involved municipalities are meeting on January 3rd, 1991. Mr. Incoronato's final item referenced possible use of the Town Hall as a Polling Place which they referred to a work shop discussion sometime in January, 1991. There was no other business to come before the Board. MR. INCORONATO moved to adjourn the Meeting, seconded by Mrs. Visconti and unanimously carried. The Meeting adjourned at 8:55 P.M._t4 &, Elaine H. Snowden Reg.Mtg. 12/17/90 Town Clerk