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2006-11-13 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting November 13th, 2006 7:30 PM Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BE I I INA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI 7:30 PM Meeting called to order on November 13th, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Hearings 1. Benefit Unit Assessment Grievance III. Public Portion IV. Minutes Approval 1. Monday, September 25th, 2006 2. Thursday, September 28th, 2006 3. Tuesday, October 10th, 2006 4. Monday, October 23rd, 2006 S. Thursday, October 26th, 2006 V. Discussions A. Recycle Center Permits - Graham Foster B. Fuel Storage Tanks - Eric Fellenzer and Jay Paggi. C. Wappinger Sewer Improvement S - Barrett Issue - Jay. Paggi D. United Wappinger Water Map Plan and Report for New Hackensack Water Extension - Jay Paggi E. Handy Rent -all Property -'Tatiana Lukianoff F. TransCare Ambulance - Joe Sovalsky and Rob Stuck G. Master Plan -Traffic - David Stolman VI. Resolutions 2006-232. Resolution Accepting a Performance Agreement Secured by a Letter of Credit for the Woods Edge Subdivision G O 2006-233. Resolution Authorizing Release of Security for Getty Service Station #169 2006-234. Resolution Authorizing Request for 100 Rosewood Lane to Become a Tenant in WST/TIA Phases 1 & 2 VII. New Business/Comments VIII. Adjournment Monday, November 13th, 2006 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the meeting to order at 7:38 PM. Attendee Name Organization . _ Tithe ! S>tatus Arrived _ _ -_ Joseph Ruggiero Town of Wappinger Supervisor Present Robert Valdati Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Absent Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Public Hearings Benefit Unit Assessment Grievance Supervisor Ruggiero opened the Public Hearing at 7:39 PM. He then asked that Attorney to the Town, Al Roberts, discuss the Benefit Unit Assessment. Mr. Roberts explained that Hark Plaza/Kandr Associates has submitted an application for the Board's review contesting the number of benefit units assessed against their buildings. Mr. Roberts pointed out that representatives of Kandr Associates were present and would be addressing the Board. Mr. Roberts went on to explain that benefit units, as well as the overall allocation of costs for water and sewer projects are allocated proportionately between residential and commercial properties. The ratio is determined based on the overall assessed valuation of properties within the particular district. Once the ratio between commercial and residential is established, the number of benefit units in the residential sector is determined. The next step is to extrapolate the total number of benefit units in the district. The benefit units for the commercial properties are then prorated amongst each other in that class based on their assessed valuation. The applicant has suggested that his benefit unit determination is erroneous. Paul Ackerman, an Attorney with Hanig & Handel, was asked to address the Board. Mr. Ackerman pointed out that there were two applications before the board: Hark/Kandr "A" and Hark/Kandr `B". Mr. Ackerman received an application from the Assessor of the Town of Wappinger. On the assessment form, there is a deadline of September 1" with a response due within 60 days. He stated that the Town. Law obviously didn't support that deadline. His next concern had to do with Town Law, Section 293. A Public Hearing has been scheduled for the following week. Mr. Ackerman then said that the Court of Appeals states that "Notice has to be actual. notice", and his clients have not received notice of that Public Hearing. Mr. Ackerman then discussed his client's benefit unit assessment grievance. The process of establishing the benefit unit assessment was done when the Town established the Wappinger Sewer Transmission Treatment Improvement Area 3A. The Town assessed any one family house, on a two acre lot, as one benefit unit. The Town then took all of the commercial districts that were left and assigned benefit units according to assessed value. Mr. Ackerman's clients have a building that is assessed at 23.83 benefit units. Their tax bill is about $10,000 for the sewer district. Ultimately, their building uses 230 gallons of water per day. He stated that the average household uses an average of 220 gallons of water per day. He claims that the methodology used to determine the benefit units is not rationally related to the services provided by the district. According to the General Municipal Law, Section 1.4F, the benefit from the district has to be substantially related to the cost that the property owner must pay. Mr. Ackerman then stated that there is no relation between. the cost to this property owner and the service being provided. He concluded his statement to the Board by requesting that the Board consider his client's application to reduce the benefit units assigned to this property to 1.4 benefit units. Mr. Roberts asked Mr. Ackerman if he was talking about the 2 southernmost buildings in .Hark Plaza. Mr. Ackerman replied that that was correct. Mr. Roberts then asked how much square feet of rental area there was per building. Mr. Ackerman replied that there was 20,400 square feet per building. Mr. Roberts followed that response by asking how many tenants were Town of Wappinger Page 1 Printed 1112412006 Town Board Meeting Minutes November 13, 2006 III. 1. 2. 3. 4. 5. IV. A. in each building. The property manager replied that there were six tenants in Building 3 and fourteen tenants in building 2. Mr. Roberts asked if the applicant could provide the Town with a list of the tenancies and the type of usage and number of employees for each. Mr. Ackerman replied that he could. Supervisor Ruggiero asked if the applicant was only grieving the benefit units in regards to the quarterly O&M charge. Mr. Ackennan replied that that was correct - that this only applied to the WSTTIA 3A. Supervisor Ruggiero asked to clarify that the applicant does not oppose the benefit units being assigned for the water tax. Mr. Ackerman confirmed that that was not part of this grievance application. Supervisor Ruggiero informed the applicant that he would be notified formally, in writing, about the Public Hearing. Mr. Ackerman stated again that the Town Law, section 239, was very specific about when the notice of Public Hearing has to be sent. Supervisor Ruggiero acknowledged Mr. Ackerman's statement and then asked Jay Paggi, Town Engineer, to discuss the calculations of benefit units. Following Mr. Paggi's explanation, Supervisor Ruggiero asked if there were any further questions from the Board. There were none. Supervisor Ruggiero closed the Hearing at 7:51 PM. Minutes Approval Monday, September 25th, 2006 Thursday, September 28th, 2006 Tuesday, October 10th, 2006 Monday, October 23rd, 2006 Thursday, October 26th, 2006 +rvG eeiird43V1ttt11YW4 [de40i1b0qh1nUtei fi7/25/06, 9/28/06,10/10/06,10/23/06, and 10/26/06 and place them on file- Yes/Aye No/Nay ! Abstain Absent Joseph Ruggiero Voter 0 ❑ ❑ ❑ 0 Adopted Robert Val dati Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Withdrawn Vincent Bettina Voter ❑ ❑ ❑ 0 Maureen McCarthy Initiator 0 ❑ ❑ ❑ Jos h Paoloni Seconder 0 i ❑ ❑ ❑ Discussions Recycle Center Permits - Graham Foster Supervisor Ruggiero opened the discussion at 7:52 PM and began to explain the situation with the Town Recycle Center. He pointed out that the Town has been having an ongoing problem such as non -Town residents trying to gain access to the facility. Recently, the Highway Superintendent, Graham Foster, has confiscated permits. The owners of those permits were informed of the discussion being on the Agenda tonight and invited to attend to address the Town Board. Supervisor Ruggiero turned the discussion over to Mr. Foster. Mr. Foster began by pointing out that the Recycle Center's volume has increased tremendously. The Recycle Center staff now tries to spot check stickers when the vehicle comes in. Mr. Foster has been given a report, compiled at the Town Clerk's Office, of each resident that has been issued a permit. He then gave a brief summary of the residents whose permits have been confiscated and other situations that he is aware of in which non-residents have attempted to access the site. The Town Clerk has been looking into software that the Town could purchase that would enable the Town to ensure that the Recycle Center is being used by only Town Residents. Supervisor Ruggiero stated that the Town Clerk's Office is very diligent in verifying residency and placing the sticker on the resident's car. The money that the Town is saving on the Bulk Pick-up is being eroded by the surge of non-resident usage at the Recycle Center. The new photo ID system would help protect against this. Supervisor Ruggiero pointed out that the Town Clerk has compiled a list of frequently asked questions that the Deputy Clerks are to use when dealing with the public. He then asked if there were any residents in the audience that have had their permits revoked. There were none. Mrs. Olivieri asked if the resident could use a utility bill to get a Recycle Center permit. Supervisor Ruggiero and Mr. Foster informed her that a utility bill does not prove residency. Since none of the residents that have had their permits revoked came to the Board Meeting, the Supervisor asked that the Board discuss what to do about revoked permits. Councilman Paoloni recommended that, instead of worrying about this, the Town should focus on solving the bigger problem first. The Board then discussed ways to correct the problems. Supervisor Ruggiero asked if there were any further questions. There were none. The discussion was then closed at 8:03 PM. u LJ Town of Wappinger Page 2 Printed 1112412006 Town Board Meeting Minutes November 13, 2006 B. Fuel Storage Tanks - Eric Fellenzer and Jay Paggi Supervisor Ruggiero opened the discussion at 8:03 PM. Earlier in the fall, several municipalities in Dutchess County were hit with violations from the DEC. The Town of Wappinger was hit with violations resulting in $2,500.00 in fines. Supervisor Ruggiero thanked Highway Superintendent, Graham Foster, in taking the lead in addressing the issue. He then asked Engineer to the Town, Jay Paggi, to address the Board on this issue. Mr. Paggi pointed out that the Board had in front of them a letter from his office which was a report on this topic. Mr. Paggi's office, with the assistance of Graham Foster, Eric Fellenzer and Joe Jordan of Enviro Clean, narrowed down the Town sites to include the following: Camwath, the Town Hall (including the Emergency Services Building), and the Highway Garage. For each facility, they then broke down the scope of work to be done and who would be doing the work, and the compliance maintenance. He also included the appropriate summary of record keeping requirements for both the above ground tank system and the underground tank system. Most importantly, there is a person assigned to each task that needs to be accomplished over the upcoming years. Supervisor Ruggiero stated that Mr. Roberts' office sent a letter to the New York State Police regarding the generator at their facility. They placed a fuel tank on their site without the benefit of a DEC permit. He asked Mr. Roberts if he had received any response. Mr. Roberts replied that he has not. Supervisor Ruggiero then asked if it were correct that it would cost the Town $40,000 to upgrade the tanks. Mr. Fellenzer replied that that was correct. Supervisor Ruggiero then asked Mr. Foster to comment. As Mr. Foster brought the Highway Department into compliance with the Petroleum Bulk Storage (PBS) licenses, he began working with Mr. Paggi and Mr. Fellenzer to get the rest of the Town's sites into compliance. He discovered that if the Town offered to voluntarily comply, the Town would not be in any trouble with DEC. The Town is now in the process of getting all of the sites in compliance. Councilwoman McCarthy asked who would be inspecting the sites. Mr. Paggi replied that the report specified who would be responsible for inspecting each individual tank. Councilman Paoloni asked how long the Town has been out of compliance. Supervisor Ruggiero replied that the Town has been out of compliance for about 20 years. Councilman Paoloni then asked when the Town was notified about the issue. Supervisor Ruggiero replied that the DEC notified the Town about a month ago. The DEC hired a group of interns to go to each town to conduct inspections. Supervisor Ruggiero spoke to Supervisor Pagones and the Supervisors and Mayors Association. As a group, the Association intends on inviting the State representatives in to explain why the DEC did not hold any courses on code compliance. The response from those State representatives is that this has been an issue since the 1980's and this was the State's way to get the Town's attention. Supervisor Ruggiero asked if there were any further questions. There were none. Supervisor Ruggiero then closed the discussion at 8:10 PM. C. Wappinger Sewer Improvement 5 - Barrett Issue - Jay Paggi Supervisor Ruggiero opened the discussion at 8:10 PM. Over the summer, the Town contracted to replace the pump station on Cedar Hill Road. The repairs required that an easement be required. Mrs. Jennifer Barrett, of 100 Rosewood Drive, asked if she could be granted tenancy at some future time. Supervisor Ruggiero asked that Mr. Paggi discuss the situation. Mr. Paggi explained that the sewer district boundaries in that area are odd. The lines travel down Cedar Hill Road. The properties on the West side of Cedar Hill Road are in the district and the properties on the East side of Cedar Hill Road are not in the district. This house is at the corner of Cedar Hill Road and Rosewood Drive. The pump station that needs to be replaced is in the Town right-of-way, but is right adjacent to the property. Mrs. Barrett asked to have the potential to become a tenant at a future time of her choice to the sewer district. Mr. Paggi stated that, since the line runs right next to her house, it was appropriate to approve the request. Councilman Valdati made a motion to approve the tenancy hearing. Councilwoman McCarthy seconded the motion. Town Clerk Chris Masterson was directed to send a tenancy agreement to the resident. The motion passed unanimously. Supervisor Ruggiero closed the discussion at 8:12 PM. Town of Wappinger Page 3 Printed 11/24/2006 Town Board Meeting Minutes November 13, 2006 1. Motion To: approve the tenancy request for Mrs. Jennifer Barrett of 100 Rosewood Drive RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Valdati, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, Joseph Paoloni, Maureen McCarthy, Robert Valdati ABSENT: Vincent Bettina D. United Wappinger Water Map Plan and Report for New Hackensack Water Extension - Jay Paggi Supervisor Ruggiero opened the discussion at 8:12 PM. He then asked Al Roberts, Attorney to the Town, to make a statement before Mr. Paggi, Engineer to the Town, begins his presentation. Mr. Roberts explained that this was the State Legislation that the Town requested to combine the Water Districts and Improvement Areas. Pursuant to the legislation, the Town had to conduct Public Hearings by October 1St. Then it would become effective December 31St of this year. This report to be discussed is in anticipation of the effective date, December 31St. All official action is to take place after the 1St of the New Year. Supervisor Ruggiero then asked Mr. Paggi to discuss the map, plan and report. Mr. Paggi explained that his office submitted a new map, plan and report on November 8th, but referenced the former map, plan and report which was from January of 2005. There was a water line that comes off of Cindy Lane and serves three houses on New Hackensack Road. His office found that there was one existing service that tapped off Cindy Lane, went through private property and served the three lots. This was not an appropriate method of supplying water to the lots. He then proposed to extend the water line approximately 250 feet westerly along New Hackensack Road to serve the three lots. That map, plan and report was submitted and approved by the Town Board later that year. When doing the design drawings, in conjunction with CAMO pollution control, it was discovered that there were five properties that were in the district but not connected into the water system. The Wildwood Sewer Plant was also not hooked into the water line. CAMO requested to the Town that the former improvement be extended approximately 500 feet, to install about 750 feet of pipe, which would connect the 3 parcels previously discussed, provide water service taps for the five lots that are in the district but not hooked in, and provide water service for the Wildwood Sewer Plant. The former proposal was being done under the Atlas Water District. The cost was approximately $200,000. The charge would have been about $28.00 per benefit unit. This larger project has a cost of approximately $530,000. That cost, spread over the United Wappinger Water District will be approximately $8.40 per benefit unit. Supervisor Ruggiero asked if the Town wouldn't be able to accept this report until January. Mr. Roberts replied that that was correct. Supervisor Ruggiero then asked how long it would take to construct. Mr. Paggi replied that the Town would put the project out to bid in January/February. That is historically a good time to go out to bid because the contractors are lining up work for the spring at that time. Since the project is along a County Road, the work probably couldn't begin until April 15th or May 1St. The project would start in the early spring and be done in the summer. It would be between one and two months of actual work. Supervisor Ruggiero asked if the Town reauthorized the bonding for this. Mr. Roberts responded that he has already spoken to the Town's bond counsel on this and has drafted the Resolutions. Supervisor Ruggiero asked if there were any further questions from the Board. There were none. Supervisor Ruggiero then closed the discussion at 8:17 PM. E. Handy Rent -All Property - Tatiana Lukianoff Supervisor Ruggiero opened the discussion at 8:17 PM. The Board has received correspondence from the Code Enforcement Department and Zoning Administrator. Mrs. Concetta Olivieri, of 207 Old Hopewell Road was present to address the Board. Supervisor Ruggiero asked Mrs. Olivieri to take the floor. Mrs. Olivieri stated that her complaints are as follows: the work at the Handy Rent -All property was done without a permit (the work was done without DOT permits), the road was opened onto the County road, and the buffer zone was not respected (there was destruction done in the buffer zone). She stated that she was told by the Town Zoning Administrator that there was no buffer zone. She had to buy the Code book and submit FOIL's for the Handy Rent -All file. After receiving copies of the file, she found that there were no permits issued, nothing was before the Planning Board, and the DOT "had only a request". The request was refused, but construction work has carried on for the past six years. Mrs. Olivieri now has a letter, written by George Kolb, Director of Code Enforcement, and Jay Paggi, Engineer to the Town, stating that the work will continue through May of 2007. There was supposed to be a Stop Work Order Town of Wappinger Page 4 Printed 11/24/2006 Town Board Meeting Minutes November 13, 2006 issued. Mrs. Olivieri presented the Board with pictures, which were taken by the Town, that show that the work has not been stopped. The pictures were taken on November 6`h, 2006. Mrs. Olivieri then stated that she wants the buffer zone respected and a 12 foot fence installed. She pointed out that no fines were issued and she wants to know why. She has been waiting since January. She received a letter from Mr. Kolb stating that she would be able to speak when the Town held a Public Hearing, but there has been no Public Hearing. She also asked to know why the Board has given Mr. Paggi and Mr. Kolb permission to run the matter as they see fit. She stated that she was never called in to the meeting that took place between the Town and the property owner. Supervisor Ruggiero pointed out that there was both truth and inaccuracy in Mrs. Olivieri's statement. The County did not authorize any road opening to Old Hopewell Road. The Town did stop Handy Rent -All from using that entrance without the benefit of a permit. The property owner did have a grading permit at one time. That permit has expired and the property owner has gone beyond the scope of what was authorized, impacting Mrs. Olivieri's property. Supervisor Ruggiero then asked Tatiana Lukianoff, the Town Zoning Administrator, to discuss the issue. Mrs. Lukianoff stated that the issue has not been going on for six years. The grading permit was applied for by Mr. Lois and was issued on December 4`h, 2003. The work was to begin in the following year. In January of 2006, an extension was applied for. After consultation with the Town Engineer, it was decided that, since the work had already begun, the work would be permitted to be completed. Supervisor Ruggiero stopped Mrs. Lukianoff for clarification. The permit was issued and expired in one year. For one whole year, no activity occurred. The property owner then asked for an extension on an expired permit. Mrs. Lukianoff replied that that was correct. It was decided that it would not be a new application. It would be a continuation of the previous permit. This was when things began to go wrong. The previous grading permit was issued at a time when the Town Law did not require site plan applications to the Planning Board for grading permits on commercial property. Supervisor Ruggiero stated that, when the issue came up in January of 2006, he told Mrs. Lukianoff that there could not be an extension granted. She agreed and stated that the extension was issued in error. She received complaints from Mrs. Olivieri and Susan Dao, a Code Enforcement Officer, was sent out to inspect. At that time, a Stop Work Order was issued by Mrs. Lukianoff. Supervisor Ruggiero asked when that was. Mrs. Lukianoff replied that it was issued on January 17`h, 2006. She also called DPW to request that no permit be issued for access to Old Hopewell Road. Initially, she was told that they could issue a temporary access permit. She asked that DPW not do that. DPW responded to Mr. Lois that, at the request of the Town, no permit of any kind would be issued for the access of Old Hopewell Road from the Handi Rent -All property. On January 30`h, there was an inspection by Mr. Kolb, Mr. Paggi, Mr. Lois and his engineer, Mr. Povall. It was determined that the scope of work had been exceeded. Mr. Povall was then instructed to provide a revised plan. The Town then informed Mr. Lois of the change in the Town Code. There would now need to be Planning Board approval for anything to happen on the site. In February of 2006, an application for an amended site plan was submitted. It incorporated the site right next to 7-11 (the object of the approved site plan in 1976) and the parcel right behind it. Mrs. Lukianoff distinguishes these parcels as Parcel "A" and Parcel `B". The initial site plan was only for Parcel "A". The grading permit incorporated both Parcel "A" and Parcel `B". When the Planning Board application came in for the amended site plan, it incorporated both parcels. That went before the Planning Board in March of 2006 and the Planning Board directed them to resubmit. Supervisor Ruggiero asked why they were directed to resubmit. Mrs. Lukianoff replied that the application was not sufficiently detailed. During that time, Mr. Kolb kept pushing the fact that there needed to be a plan (an "As Built") reflecting what work has been done. Supervisor Ruggiero interjected that this would be an observance of the work that has been done without the benefit of a permit. Mrs. Lukianoff replied that that was correct. She went on to say that the Town was promised such an "As Built" which would then be submitted to the Town Engineer for input of what needed to be done to address all of the grading issues. This was supposed to be submitted by the end of August. August came and went with no submission. Supervisor Ruggiero asked Mrs. Lukianoff to explain what happened between March and August. Mrs. Lukianoff replied that it takes time for the engineers to do the surveys and prepare the plan. Supervisor Ruggiero asked if there was any work being conducted between March and August. Mrs. Lukianoff replied that she did not recall. She continued by saying that she believed there were periodic inspections. Supervisor Ruggiero asked if the Stop Work Order was still in effect at this time. Mrs. Lukianoff replied that it was not, that the Stop Work Order had been lifted by Mr. Kolb. She was advised by Mr. Kolb that the issues which had initiated the Stop Work Order had been addressed. Supervisor Ruggiero asked how a Stop Work Order could be lifted. If the plan was not complete before the Planning Board, and you cannot get a permit to do grading work without the benefit of a site plan, and the only way you can correct that action is with that plan, which was never approved, how was the Stop Work Order lifted? Mrs. Lukianoff Town of Wappinger Page 5 Printed 11/24/2006 Town Board Meeting Minutes November 13, 2006 replied that there were certain things that needed to be done which required the lifting of the Stop Work Order. One was the installation of the necessary erosion control measures that, even if installed properly the first time, need to be maintained. The blocking of the Old Hopewell Road exit was another. Supervisor Ruggiero followed by stating that August has come and the Town now has a complete site plan. Mrs. Lukianoff responded that that was incorrect; the Town still does not have a complete site plan. So the latest correspondence that the Town Board has is a letter from the Building Department to Mr. Lois. That letter states that Mr. Lois has until May of 2007. Supervisor Ruggiero stated that he finds that unacceptable. He asked why this issue needs to go until May of 2007. Mrs. Lukianoff replied that the aim is to bring the plan into compliance. Supervisor Ruggiero pointed out that that was the aim since day one. Mrs. Lukianoff replied that that is correct, but, right now, there is no longer a site plan. The owner advised the Town that he was not going to do anything to the parcel except alleviate the grading problems. He was going to provide restoration for what he did almost a year ago. This was something that Mr. Kolb wanted to be done so that the Town had some sort of results. It was then discovered that the surveyor that was hired spent four months on the project and then abandoned the project. In view of the fact that winter would soon be here, it was decided that there was going to be rough grading to stabilize the area. Erosion control measures would also be instituted. Since the area was very rocky, it was determined that the area did not need soil brought in to be stabilized. Mr. Kolb then sent a letter to Mrs. Olivieri explaining the situation. Mrs. Lukianoff wanted a more precise timeframe be instated. That timeframe has now been determined to be November 30t . Supervisor Ruggiero asked for clarification on what was meant by "rough -grading". Mrs. Lukianoff replied that the piles would be graded and a surveyor would come in to prepare an "As Built" survey. Once the "As Built" is completed, the Town Engineer would be able to address specific concerns. Then, in the spring, there would need to be a timeframe for the work to be initiated, completed, stabilized and inspected. Supervisor Ruggiero asked why the Board should have confidence in this timeframe when the Zoning Department has not been able to deliver on any timetable up until this point. He stated that it is embarrassing that the Town is still discussing this issue nine months later and asked what recourse, such as the issuance of tickets, the Town would take. He pointed out that Mr. Lois has gone out of the way to stall the Town. Supervisor Ruggiero asked again what recourse is going to be taken if this is not done by December 1St. He pointed out that he is frustrated by the situation and feels that the Department of Code Enforcement has been coddling the property owner. He stated that the Town needs to become serious about Code Enforcement or other changes would need to be made. Supervisor Ruggiero asked for confirmation of when the Town anticipated restoration in the form of trees and a fence. Mrs. Lukianoff replied that the fence is something new and has never been discussed. Mrs. Olivieri responded by stating that she was supposed to be at the meeting with Mr. Kolb and Mr. Paggi. During a Town Board meeting over the summer, Councilman Valdati brought up the issue. At that meeting he asked if the Stop Work Order was still in effect. Again, Mrs. Olivieri reiterated that she was told that she would be brought in on that meeting. She claimed that Mr. Kolb informed her that she could speak at the Public Hearing, but she was denied the Public Hearing. Councilman Valdati commented that this problem revolves around a basic understanding of what Zoning is all about. If the permit has lapsed, there should not be an extension on something that does not exist. Supervisor Ruggiero replied that, even if the permit did exist, the property owner went far beyond the scope of work called for. Councilman Valdati asked why this is not a regimented procedure with fines and Stop Work Orders for infractions at every step of the process. He stated that this issue should not have developed to this point. Mr. Olivieri asked to make a statement to the Board. He stated that he had come in to the Zoning Department to look over the Handy Rent -All file, but was not given copies because the Code Enforcement Officer, Susan Dao, could not find the files. He was instructed to come back. Supervisor Ruggiero asked Mr. Paggi if he would comment on the current plan. Mr. Paggi summarized a brief history of the project. The initial grading permit was issued in the end of 2003. It then resurfaced in January of 2006. Mr. Paggi's office was asked to go to the site to determine if the original extent of the grading permit had been exceeded. In a very short period of time, he determined that it had in fact been exceeded. The owner was instructed to suspend all actions and come in immediately with a site plan. The site plan was submitted in March. Mr. Paggi reviewed the plan and it was before the Planning Board in April of 2006. Towards the end of the summer, when the Town had not heard from the property owner, Mr. Kolb called for a meeting with the property owner. The first question asked was whether the property owner had abandoned the site plan. The property owner replied that they have abandoned it. That was the vehicle in which the Town felt it could get the bulk of the issues addressed - through the site plan. At that point, the site had stayed basically the same. The area was very rocky and very uneven. There were piles of shale about. The owner was to fill in the holes and level the piles. That would help determine what would be an acceptable grade. That drawing was to be submitted within a time period of no later than 90 days. If the Town then found the grades to be Town of Wappinger Page 6 Printed 11/24/2006 Town Board Meeting Minutes November 13, 2006 acceptable, the area would be stabilized in the spring. It was felt that to replace the topsoil now, when the ground is too cold for the seeds to germinate, it may cause further problems. Mrs. Olivieri stated that trucks have been coming in from Old Hopewell Road and removing the mounds of rock in the middle of the night. Supervisor Ruggiero asked what the Town would be doing to move forward now. He stated that he expects a report from the Zoning Administrator. He then asked Mr. Roberts how the Town could ensure restoration of the buffer zone. Mr. Roberts replied that there were two separate issues. If the property owner has been conducting work without the necessary permits, then those would be fineable offenses. Mr. Roberts went on to say that he understands that there has been significant work done with or without the benefit of an appropriate grading permit and now work is being done to stabilize that work. The work that has been directed to be done is to stabilize the work that has been done improperly. In that context, it is up to Mr. Kolb and Mr. Paggi to determine what work is appropriate to stabilize the existing conditions. Anything beyond stabilization would require a formal application to the Planning Board. Supervisor Ruggiero asked if would be a possibility to issue tickets and make restoration of the site a condition of settling those tickets. Mr. Roberts answered that it would be. Councilman Valdati asked that a very serious correspondence log be maintained between the Town and the property owner. He stated that it is a shame that Mrs. Olivieri has been kept in a state of limbo throughout this whole ordeal. Mr. Roberts asked to direct a question to Mrs. Olivieri. He asked if Mrs. Olivieri stated that the work was being conducted during the night. She replied that she could not catch the workers during the day. She stated that the mounds of rock have been disappearing and she could not catch them during the day. Supervisor Ruggiero pointed out that the work is being conducted under the supervision of the Building Department. The Town is expecting the work to be conducted because the site is to be level by November 30th. Supervisor Ruggiero then asked when the last time an inspection was conducted. Mrs. Lukianoff replied that the last pictures she has are from November 6th. Supervisor Ruggiero stated again that he wants an update before the end of the week. Since there were no further comments, Supervisor Ruggiero closed the discussion at 8:54 PM. F. TransCare Ambulance - Joe Kovalsky and Rob Stuck Supervisor Ruggiero opened the discussion at 8:54 PM. Joe Kovalsky was on hand to discuss an amendment to the TransCare contract. Currently the contract is for two emergency ALS ambulances for 911 and the Town has been provided with a third ambulance which has been acting as a BLS. Two months ago, the Town was approached by Jim O'Connor. The contract calls for periodic reviews of the terms of the agreement, such as the number of ambulances being provided and whether the subsidy being provided is sufficient to cover the costs of the service. Mr. O'Connor stated that the third ambulance is not used often and asked that the Town work without the third ambulance and monitor the statistics. Supervisor Ruggiero turned the discussion over to Mr. Kovalsky. Mr. Kovalsky conducted a study on the time period since the town freed up the third BLS ambulance. During that time, the Town has required mutual aid to come into the Town three times. Since there were three calls requiring mutual aid in such a short period of time, it raised concern that there may be a shortage of ambulance coverage. Mr. Kovalsky does not believe that there would be a shortage. Mr. Kovalsky proceeded to discuss the three mutual aid calls individually. For the first incident, both Ambulance #1 and Ambulance #2 were dispatched on a call. The third ambulance was successfully called in for backfill. While all three calls were in progress, a fourth call came in for emergency transport. That call was turned over to Dutchess County 911. Dutchess County 911 dispatched a Mobile Life ambulance for mutual aid and that ambulance responded in less than 12 minutes. Supervisor Ruggiero asked for clarification on the different priority levels assigned to a call. On the second instance, both Ambulance #1 and Ambulance #2 were called out on priority 1 ALS calls. Both ALS ambulances were transporting the passengers to the hospital. While en route to the hospital, another priority 1 call came in. There was no unit to backfill so Mobile Life was called in. While Mobile Life was on the scene for that call, both ambulances were dispatched on their way back from the hospital. The first ambulance was dispatched to a structure fire for a patient with smoke inhalation and the other was dispatched to a motor vehicle accident (MVA) on Route 9. Supervisor Ruggiero commented that there were five calls in that situation and asked if that was unusual. Mr. Kovalsky replied that it wasn't all that unusual. On the third instance, Ambulance #1 was dispatched to an MVA and requested ambulance #2 as a backup. Ambulance #1 transported two patients to the hospital. The second ambulance was securing a patient refusing medical treatment. Another MVA call came in and Town of Wappinger Page 7 Printed 11/2412006 Town Board Meeting Minutes November 13, 2006 both ambulances responded. While tied up on that MVA, a call came in for a priority 4 on New Hackensack Road. Arlington was called in for mutual aid. Councilman Valdati pointed out that the last response time was fifteen minutes and asked if that wasn't a long time. Mr. Kovalsky replied that a priority 4 call requires a response time of 12 minutes or less. Councilman Paoloni asked how priority gets assigned to a situation. Mr. Kovalsky explained that the situation is assigned a priority first by the initial phone call and is then reassigned a priority, if need be, when the ambulance arrives on the scene. Mr. Kovalsky continued to explain his report. From September 10th to November I", there were 229 calls in the Town of Wappinger. In those 229 calls, a third TransCare ambulance back filled 10 times. Approximately 90% of the time, the ambulance doing the back fill was an ALS ambulance. An ALS ambulance has a paramedic. A BLS ambulance has two EMT's and no paramedic. Councilwoman McCarthy asked how long the Town has been without the third ambulance. Mr. Kovalsky replied that it has been since September 10th. There were two mutual aid calls in September and one call in October. Councilwoman McCarthy pointed out that Mr. Kovalsky's report recommends reassessing the situation every six months. She made the request that the periodic reassessments occur quarterly. Mr. Kovalsky clarified that his six-month recommendation referred to the frequency that he would give a comprehensive report to the Town Board. He monitors the statistics every week and submits a report to the Supervisor weekly. Councilman Paoloni stated that he would like the report to include the frequency of the outliers, such as five calls in one day. He would like to see the distribution as including the number of units in play at the same time. Supervisor Ruggiero asked Mr. Rob Stuck if he wanted to say anything on behalf of TransCare. Mr. Stuck commented briefly on the instances of mutual aid. He followed up by saying that he would be happy to submit reports to the Board on a more frequent basis as well. Supervisor Ruggiero made the final comment that since the Village of Wappingers Falls has switched over from Alamo to Mobile Life, the Town has seen the amount of mutual aid sent out of from Town of Wappinger into the Village of Wappingers Falls drop drastically. Since there were no further questions, Supervisor Ruggiero closed the discussion at 9:12 PM. V. Resolutions RESOLUTION: 2006-232 Resolution Accepting a Performance Agreement Secured by a Letter of Credit for the Woods Edge Subdivision WHEREAS, The Town of Wappinger Planning Board received an application from Michael D. Cornell for a subdivision of lands more particularly described in Subdivision Map entitled "Woods Edge Subdivision" prepared by Povall Engineering dated December 20th, 2004, and last revised March 23rd, 2006; and WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval, by Resolution dated July 18th, 2005 subject to and conditioned upon completion of the conditions and construction of the improvements set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Resolution and noted on the Subdivision Map and related Contract drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town; and WHEREAS, JBR Construction Corp. is a contract vendee for the purchase of the lots in the Woods Edge Subdivision; and WHEREAS, JBR Construction Corp. has executed a new Performance Agreement to guarantee the construction of the aforementioned improvements for the Woods Edge Subdivision and has obtained a Letter of Credit to secure the guaranty set forth in the Performance Agreement; and WHEREAS, Joseph E. Paggi, Jr., engineer to the Town, has determined the estimated costs of the proposed improvements to be the sum of $165,000.00, as enumerated in his report to the Town Board dated May 18th, 2006; and WHEREAS, Town Law §277 requires that before any building permits may be issued in a newly created subdivision that the construction, installation and dedication of the improvements required by the Resolution of Subdivision Approval be completed, or, in the alternative, that a Performance Agreement guaranteed by sufficient security be posted with the Town to guaranty the completion of the aforementioned improvements; and WHEREAS, JBR Construction Corp. has tendered to the Town of Wappinger a Performance Agreement duly executed by JBR Construction Corp., personally guaranteed by Town of Wappinger Page 8 Printed 11/24/2006 Town Board Meeting Minutes November 13, 2006 Jeff Hunt, a principal of JBR Construction Corp. and secured by an irrevocable Letter of Credit issued by M&T Bank bearing number SB -909685-2000 in the principal amount of $165,000.00 in favor of the Town of Wappinger; and WHEREAS, Albert P. Roberts, attorney to the Town, has approved the form of the aforementioned Performance Agreement and Letter of Credit NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Performance Agreement executed on October 31St, 2006 by JBR Construction Corp. by its President, Jeff Hunt, and guaranteed by Jeff Hunt, Individually, with an address of 1061 Route 376, Wappingers Falls, New York 12590, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty of completion of the construction, installation, and dedication of the improvements required by the above referenced Resolution of Subdivision Approval pursuant to Town Law §277. 3. The Irrevocable Letter of Credit issued by M&T Bank bearing number SB - 909685 -2000 and issued in favor of the Town of Wappinger dated October 30th, 2006 in the sum of $165,000.00, securing the obligations set forth in the Performance Agreement, is hereby accepted as security for the Performance Agreement. 4. The original Performance Agreement executed on October 31St, 2006 and the original Letter of Credit dated October 30th, 2006 is directed to be placed on file with the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2006-232 Yes/Aye _._ No/Nay Abstain Absent 0 Ado P ted Joseph Rugpero Voter ® ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder ® ❑ . ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 11 Tabled Maureen McCarthy Initiator ® ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York November 13th, 2006 The Resolution is hereby duly declared adopted.. RESOLUTION: 2006-233 Resolution Authorizing Release of Security for Getty Service Station #169 WHEREAS, pursuant to Resolution of Site Development Plan, Special Use Permit and Wetland Permit Approvals, dated November 21St, 2005, for the project known as the Getty Service Station #169 located at 1499 Route 9, Wappingers Falls, New York, the applicant was required to post a bond in the sum of $18,000.00 for the construction of a five -foot -wide sidewalk along the frontage of the subject property; and WHEREAS, the applicant has posted security in the sum of $18,000.00, in the form of an assignment of a bank account in the name of Montgomery Distributors LLC, maintained at North Fork Bank, bearing Account No. 3021117480, naming the Town of Wappinger as assignee; and WHEREAS, George Kolb, Director of Code Enforcement, has determined that the sidewalk has been installed and the work deemed acceptable and has recommended release of the aforementioned security. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board acknowledges that the sidewalk has been constructed in accordance with the Resolution of Site Development Plan, Special Use Permit and Wetland Permit Approvals, dated November 21St, 2005 and, that said sidewalk has been inspected by Director of Code Enforcement, George Kolb, who has found that the construction of said sidewalk is acceptable and has recommended to Supervisor Ruggiero that the security posted in connection with the construction of the sidewalk be released. 3. Supervisor Joseph Ruggiero is authorized to return the security for the installation of sidewalk in the form of North Fork Bank Account No. 3021117480 owned by Montgomery Distributors LLC, in the amount of $18,000.00 and assign to the Town of Wappinger pursuant to Assignment dated November 22nd, 2005. Town of Wappinger Page 9 Printed 11/24/2006 Town Board Meeting Minutes November 13, 2006 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2006-233 ® Adopted _YeVAye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ® ❑ ❑ oter Voter ❑ Defeated Robert Valdati Seconder ® ❑ ❑ Adopted as Amended 13 Tabled Vincent Bettina Voter ❑ ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator ® ❑ [3Jos ❑ e ph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York November 13th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-234 Resolution Authorizing Request for 100 Rosewood Lane to Become a Tenant in WST/TIA Phases 1 & 2 WHEREAS, JENNIFER BARRETT (hereinafter `BARRETT") owns a lot located at 100 Rosewood Lane in the Town of Wappinger, identified on the Town of Wappinger Tax Map as Tax Grid No. 135689-6256-01-455940; and WHEREAS, 100 Rosewood Lane is not located within Wappinger Sewer Transmission/Treatment Improvement Area Phases 1 & 2 (hereinafter "WST/TIA 1 & 2") but it is adjacent to the boundary of said WST/TIA; and WHEREAS, WST/TIA 1 & 2 is replacing the Cedar Hill Pump Station which is adjacent to 100 Rosewood Lane and; WHEREAS, Barrett has requested permission to become a Tenant in WST/TIA 1 & 2; and WHEREAS, allowing Barrett's request to be a tenant will create a benefit for her that will ameliorate any negative effects suffered by the proximity of the pumping station to her home. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the parcel known as 100 Rosewood Lane, identified on the Town of Wappinger Tax Map as Tax Grid No. 135689-6256-01-455940, to become a tenant of WST/TIA 1 & 2. 3. Barrett shall be required to abide by the tenancy terms and pay rents to the Sewer District as set forth in Chapter 236 Article II of the Town of Wappinger Code once the parcel is connected to the sewer The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2006-.234 No/Nay Abstain Absent 0 Adopted Joseph oter Voter _Yes/Aye ® ❑ ❑ 13 ❑ Adopted as Amended Robert Valdati Voter ® ❑ ❑ ❑ 11 Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled _ Maureen McCarthy Seconder ® ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator ® 0 ❑ ❑ Dated: Wappingers Falls, New York November 13th, 2006 The Resolution is hereby duly declared adopted. VI. New Business/Comments 1. Valdati New Business Councilman Valdati stated that there is an abandoned home on Route 9D that appears to have a tree sitting on top of it. He asked what is being done by the Building and Zoning Departments about this. Supervisor Ruggiero stated that he was not sure of which building it was and asked Mr. Liebermann, Town of Wappinger Fire Inspector, if he was aware of the house that Councilman Valdati was referring to. Councilman Valdati replied that it was on Route 9D, just past Ketchamtown Road. Mr. Liebermann replied that he knew which house it was. Councilman Valdati again asked what was being done to address it. Supervisor Ruggiero asked Town of Wappinger Page 10 Printed 11124/2006 Town Board Meeting Minutes November 13, 2006 Mr. Liebermann to go out and check the building. Mr. Liebermann responded that he had sent a letter to the owner of that house approximately two years ago. Since that time, he has been told by his department head that he is only to deal with commercial occupancies. Supervisor Ruggiero pointed out that Mr. Liebermann is the acting department head of the Department of Code Enforcement. He asked that, being the acting department head, Mr. Liebermann submit a report on this situation tomorrow. 2. Paoloni New Business Councilman Paoloni passed out a report from the committee that was created to discuss the topic of the Chelsea Seaport. Councilman Paoloni briefly explained the details of the report in order to make sure the committee was on the same page as the Town Board. The proposal is to swap town land with the Chelsea Yacht club in a way that would be mutually beneficial. Councilman Valdati asked about the labeled sections on the satellite photo of the area in question. Councilman Paoloni explained sections A, B, C and D and who is the rightful owner of each section. Councilman Paoloni and Town Clerk Masterson visited the site on November 4th to make an initial assessment. Councilman Paoloni pointed out that, in that visit, he realized that there is the possibility for significant revenue generation for the Town as well. The yacht club would be able to extend their yacht club in a way that would also make their property contiguous. The yacht club property is currently segmented. Supervisor Ruggiero asked Mr. Paggi to check into what the immediate obstacles might be even if both parties happened to be in agreement. 3. Supervisor Ruggiero New Business Mrs. Olivieri, of 207 Old Hopewell Road, asked Supervisor Ruggiero if he was aware of the situation regarding the water in the Village of Wappingers Falls. Supervisor Ruggiero replied that he was aware. Mrs. Olivieri then asked if the Town of Wappinger, since it has extra water, could supply water to the Village. Supervisor Ruggiero pointed out that Mrs. Olivieri's statement about the Town having enough extra water to supply the Village of Wappingers was incorrect. Supervisor Ruggiero asked that Mrs. Olivieri redirect her questions to the Village of Wappingers Falls, since it was a completely separate Village issue. VII. Discussions 1. Motion To: go into committee of the whole to discuss Master Plan at 9:26 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Ruggiero, Supervisor SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, Joseph Paoloni, Maureen McCarthy, Robert Valdati ABSENT: Vincent Bettina B. Master Plan -Traffic - David Stolman VIII. Adjournment 1. Motion To: adjourn at 10:26 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Joseph Paoloni, Maureen McCarthy, Robert Valdati ABSENT: Vincent Bettina The Meeting Adjourned at 10:26 PM. John C. Masterson Town Clerk Town of Wappinger Page I1 Printed 11/24/2006