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1999-09-27 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER 3EPTE14BER 27, 1999 7:30 p.m. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL ��. Z PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES: Aug. lth Workshop Aug. 23rd Reg. 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Bldg. In1sp, Zng Dept. Tri Muni Comm. Progress Report - August /vf +j 5. PETITIONS & COMMUNICATIONS lc,etuA 4 a. M. Robinson, Commander, VFD, Village, re: Middlebush Cemetery b. Bill Curry (8/5/99) re: extending water on Rosewood Drive c. Samuel D'Onofrio, mobile home owner, re: Assessments d. Bruce MacMillan, Natural Resourses Sup. NYSDEC, Region 3, re: Stonykill Education Center interest in acquisition of Feilen Property e. New Hackensack Fire Company corr. re: partial property tax exemption for volunteer firefighters f. Thos Griffen, NYS Office of Real Property Services re: Proposed maintenance Aid program g. Jennifer Van Tuyl, Esq. re: Steve Domber Meadowwood Parcel 1 -Sect. 2 h. Jas. McCann, Project Eng., CTE re: Subdivision water/sewer supply at 261 All Angels Hill Rd. - 20 Lot Subd. i. Jean Gunsch, CE, NYSDOT re: STOP signs j. DeWitt Sagendorph, Co. Coordinator re: E 9-1-1 k. J. Paggi, Eng to Town, Reports: (1) Atlas Wells 8/18 - 8/31- 9/7/99 (2) Alpine Sanitary Sewer Easement 8/24 (3) Wappinger Sewer Trans/Treatment Imp. phase 3A Contract #1 -Easements (4) Final Report Hilltop water storage facility -Pittsburgh Tank & Tower Co. 1. R. O'Rourke, Keane & Beane, Attorneys, re: PIQWON m. Vacancies; (1) Zoning Administrator (2) Conservation Advisory Council n. Vacancy - Board of Assessment Review - Keith Carlson Term expires 9/3 o. Application for Hawkers & Peddlers License from Megan Berroa, Hamburg rE p. G. Foster, H. Supt. re: Land acquisition - Spook Hill Rd. q. R. Holt, Rec. Ch., Corr. & request for P.O.: (1) Hughsonville Play- ground equipment (2) Contract Supervision (Pk off Old Hopewell Rd) (3) Payment to RGH for work at Castle Pt. Playground (4) Request approval for P.O. for DiPiet Fence Co. r. Requests for return of Escrow & overpayment: (1)Jos & Lisa Paoloni, $1,000 (2) Foil overpayment by Michael Arthur s. Linda Tasadfoy, Assessor, requests permission to attend Seminar on Nov. 17, 99 at Mt. Kisco, NY t. A. Roberts Report on filing Sarno Easement 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zoning Department Report 8. RESOLUTIONS a. Accept Base Proportions for assessments - Town of Wappinger; Town outside Village; Wappingers School Dist; Arlington School Dist.; Beacon School Dist. b. Accept Bargain & Sale Deed from Andlyn Assoc. for Parcel adjoining Castle Point Recreation Area (Chelsea Bluffs Subd.) C. Introduce Local Law for Code Amendment for "NO PARKING or STANDING" Myers Corners Rd at De Garmo Hills Rd., and set Public Hearing d, Introduce Local Law for Code Amendment "Restrictions - Hawking & Peddling License, and Set Public Hearing e. Acquisition of Tax Delinquent Parcel (LAUFFER Parcel -Myers Corners Rd f. Introduce Local Law for "STOP" signs on Irpquois Drive at Cayuda Dr. and set Public Hearing g. Request from Comptroller for Loan from A Fund to CWW Emergency Dist. h. Comptroller request regarding the Postage Meter 9. UNFINISHED BUSINESS 10. NEW BUSINESS Bids - Landscape maintenance 11. ADJOURNMENT 09/27/99.RGM The Regular Town Board Meeting of the Town of Wappinger was held on September 27, 1999 at the town hall 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:30 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina The Town Clerk read a letter from Mr. Bettina informing the Board that the he was absent tonight, due to a death in the family. The Supervisor asked all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Special Meeting of August 4, 1999, Workshop Meeting of August 9, 1999 and Regular Meeting of August 23, 1999 having previously been forwarded to the Board Members, was now place before them for their consideration. COUNCILMAN RUGGIERO moved that the above stated minutes as presented by the Town Clerk be and they are hereby approved Seconded by Mr. Paoloni Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of August were received from the Receiver of Taxes, Supervisor/Comptroller, Town Justices, Building Inspector, Zoning Department, Tri -Muni Progress Report for the month of August. COUNCILMAN VALDATI moved to accept the reports and place them on file. Seconded by Mr. Ruggiero Motion Unanimously Carried At this time, the Town Clerk announced that the Supervisors Tentative Budget for the year 2000 was filed with her today, and she presented a copy of the Tentative Budget to each the Board Members. SUPERVISOR SMITH read the following Statement: A Fund (Town wide) taxes will increase from $1.04 per thousand to $1.05 per thousand in 2000. Commercial will go from $2.00 in 1999 to $2.20 in 2000. The B Fund, (Townwide Outside Village) has 1 09/27/99.RGM a zero increase until combined with Highway. When Highway is included, residential will increase from $2.55 per thousand to $3.42 per thousand in the year 2000. The reason for the large increase in the B Fund for the year 2000 is due to large increase in the Highway Budget caused by the loss of CHIPS aid, and the lack of Fund Balance to apply to the 2000 budget to reduce taxes. Fund Balance was used to reduce the 1999 taxes leaving no fund balance for the 2000 tax reduction. In 1999 Highway Budget was $1,860,357.00. In the year 2000 the tentative budget is $2,337,221.00. This is an increase of $476,864.00 or approximately 25%. The increases were in the repair maintenance from $336,000 in 1999 to $568,832 in the year 2000 and a request for equipment in the amount of $314,800 for 2000 as opposed to $5,000 in 1999. This combined with the loss of CHIPS aid and the lack of fund balance to apply toward 2000 taxes, related to a 34% overall increase for homestead and 42% for non -homestead. Supervisor Smith gave out her worksheets to the Board Members. Upon the Town Boards preliminary review of the Supervisors Tentative Budget, these increases could be reduced. PETITIONS & COMMUNICATIONS Correspondence from Michael Robinson, Commander VFW, Village of Wappingers Falls. The VFW recently received a copy of the history of the Middlebush Cemetery, and in reading the book, it was found that there are three veterans listed. The VFW and American Legion would like permission to replace the following items. 1. Have a new sign made up 2. Have the flag pole and new American Flag erected 3. Ask Central Hudson to run power so that a light can be installed for the flag 4. They will make sure grave flags are put at the graves every Memorial Day. COUNCILMAN VALDATI moved to authorize the work that is outlined by the Commander. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Bill Curry of 106 Rosewood Drive. Due to the severe shortage of well water, he is asking the town if there is anyway to have the water line extended up the hill to Rosewood Drive. There are fire hydrants on the lower end of Cedar Hill Road off Old Hopewell Road, but the line stops about 1/ of the way up the hill. Jay Paggi Engineer to the town responded that with the present system, without improvements it would be difficult to get water up to that elevation. 2 09/27/99.RGM COUNCILMAN PAOLONI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Samuel D'Onofrio, owner of a mobile home in regard to the tax reassessment of the mobile homes. He has downsized from a home to a more modest mobile home, and feels that mobile home owners have been singled out for tax reassessment. COUNCILMAN VALDATI moved to authorize Supervisor Smith to respond to Mr. D'Onofrio's letter. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from the NYSDEC, confirming Supervisor's Smith recent conversation with Robert Herberger, the Director of The Stony Kill Environmental Education Center, that the Department of Environmental Conservation is interested in acquiring land in the Town of Wappinger. The area of interest is a parcel formerly known as the "Otto Feilen Property", which is up for taxes. The property, contiguous with Stony Kill Environment Education Center, will specifically be used for hiking, watershed and wetland protection, land conservation, education, eco -tourism and promotion of the Hudson Valley Greenway. SUPERVISOR SMITH announced that this is just a courtesy letter to let the Town Board know that they want the property, and it will come off the tax rolls. COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from the New Hackensack Fire Company in support of the resolution presently being considered by the DC Legislature creating a partial property tax exemption for volunteer firefighters. They believe that this resolution deserves the full support of Legislature Barbara Gutzler, and the Town Board. COUNCILMAN VALDATI moved to memorialize the State Legislature and County Legislature to pass resolution for exemption, and when passed authorize Attorney to the Town to prepare the Local Law. Seconded by Mr. Ruggiero Motion Unanimously Carried 3 09/27/99.RGM Correspondence from Thomas Griffen, of the NYS Office of Real Property Services, on the new proposed Maintenance Aid program through the year 2004 assessment roll for cities and towns that meet the criteria. COUNCILMAN RUGGIERO moved to authorize the Supervisor to apply for the grant. - Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Jennifer Van Tuyl, Attorney regarding the Steve Domber Meadowwood-Parcel 1, section 2. She has been informed that the Town has now set up, and funded the new sewer improvement, which should be under construction in the near future. She is requesting the Town contact Tri -Municipal to request consent that the 28 units in Meadowwood Parcel 1, section 2 may, upon proper final subdivision approval, connect to the existing sewer, in anticipation of the sewer improvements the Town has approved, but not yet constructed. COUNCILMAN RUGGIERO moved to authorize Supervisor Smith send a letter to Tri -Municipal, as requested by Ms. Van Tuyl. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from James McCann, Project Engineer informing the Board that it is the intention of Keenan Acres, L.L.C. to subdivide the twenty-three acre parcel ofAll Angels Hill Road into twenty lots. They are requesting permission, at this time, to connect to the existing central water and sewer facilities, located on Pye Lane. COUNCILMAN VALDATI moved to authorize Supervisor Smith send a letter to Tri -Muni. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN RUGGIERO moved refer above letter to Jay Paggi, Engineer to the Town, for a report on the feasibility of the request for water for the above Subdivision. Seconded by Mr. Valdati Motion Unanimously Carried A letter from Jean Gunsch, Civil Engineer for the NYSDOT in response to the use of three way STOP signs at a four leg intersection. It is legal to control three legs of a four leg intersection with stop signs. However, careful consideration should be given before implementing such as measure as safety could be compromised if motorists assume all approaching traffic is required 4 09/27/99.RGM to stop. Items to consider, are sight distance, traffic volumes, speeds, accident history and intersection alignment. Discussion followed. COUNCILMAN RUGGIERO moved to authorize Jay Paggi, Engineer to the Town, and Graham Foster, Highway Superintendent to inspect grade of road at Baldwin and Applesauce up to All Angels Hill Road, and make recommendations. Seconded by Mr. Valdati Motion Unanimously Carried Supervisor Smith announced that Assemblyman Millers office called informing her that he had gotten $3,000 for the Town to use for posting some one on roads with excessive speeding problems. A copy of the proposed Local Law for Dutchess County from DeWitt Sagendorph, Coordinator of the DCDER. The Law deals with Establishing a sign law for E-9-1-1 purposes. The law covers the Numbering Houses/Structures, as well as Road name sign standards. The law will be voted on by the DC Legislature at their September 15, 1999 meeting. COUNCILMAN VALDATI moved to accept the copy of the proposed law and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first report concerns the Atlas Wells. August 18th, August 31st and September 7th. The second well has been completed. They had trouble developing the well, which is removing the fine particles of sylph and sand from the well. They are trying different methods. As soon as they see themselves clear on how the well is doing, the board will receive an updated memo. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried. The next report concern the Alpine Sanitary Sewer Easement. Mr. Paggi is in receipt of descriptions and maps for the sewer easement on the existing developed property from the Route 9 areas near the entry road to the south side of BJ's where there exists a ten inch sewer line that the town will utilize in the construction of Phase 3A. The town paid for the upgrade of that line from eight inches to ten inch to incorporate into the overall plan. We are now being given ownership and easement rights to that sewer line. Mr. Paggi recommends that the Alpine Company send the appropriate number of copies 5 09/27/99.RGM of this map and descriptions to the Town Supervisor, Town Clerk and Town Attorney. COUNCILMAN VALDATI moved to accept the report, and authorize Mr. Paggi to send a letter to the applicants attorney requesting copies of the map and descriptions. Seconded by Mr. Ruggiero Motion Unanimously Carried The next report concerns the Wappinger Sewer Transmission/Treatment Improvement Phase 3A Contract #1 Easements. In reviewing the list of proposed easements, two locations are still needed. The first location is at the end of Seneca Lane adjacent to the Kowalsky property. An easement is required from Sciamatore at #14 Senaca Lane and Callahan at #13. These two residents did not respond to the Town Board's letter which was sent to the property owners on the original list. The other area where easements will be required is the south end of Cayuga between #13 and #15, and he is proceeding to obtain these easements presently. In addition to these two parcels on Cayuga Drive, a short (65' long) easement from Hark Plaza may be necessary. Discussion followed. Al Roberts Attorney to the Town informed the Board that Ken Capolino called, he is the executor of the Capolino Estate, and he had received a copy of the map that Mr. Roberts forwarded to him. He said he approved the location of the easement. Mr. Roberts has just gotten the appraisal, but he h g pp had not released it to him, because he has not .- shown it to the board members yet. Mr. Capolino indicated his willingness to cooperate in granting the easements. COUNCILMAN RUGGIERO moved to accept the report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried The last report concerns the Hilltop Water Storage Facility. Mr. Paggi submitted the final reports for the boards review from the Pittsburgh Tank & Tower Co., Inc., for emergency repairs on the Hilltop Water Storage Facility tank, which include the tank inspection, it's deficiencies (including photos) required repairs and recommended maintenance. COUNCILMAN PAOLONI moved to accept the final report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Next is a letter from Richard O'Rourke, of the firm of Keane & Beane, P.C. Attorneys representing the PIQWON Corp., Myers Corners Road. At this time Supervisor Smith introduced Mr. O'Rourke from the audience. As you D 09/27/99.RGM know his firm represents Piqwon with respect to its application to the (a) Town Board for special use permit and (b) Planning Board for Site plan approval. These applications were filed pursuant to 400.5.6 of the Zoning Law and in accordance with discussions among the Town Board, Attorney to the Town, Al Roberts, Piqwon Corp. President, Peter Elder, and Jack Railing, P.C. Mr. Elder and Mr. O'Rourke were surprised and disappointed to learn that the Town Board has abruptly changed its position. They have been informed the Town Board has given Piqwon an ultimatum and deadline regarding his business operations on the Myers Corners property. Piqwon filed its applications with the Town at great expense, including a comprehensive re- survey of the precise location and dimensions of structures. Mr. O'Rourke feels that Piqwon is entitled to a public hearing on its special use application and is requesting the Town Board schedule a public hearing in accordance with proper procedures. Discussion followed. At this time, 8:25 p.m. COUNCILMAN RUGGIERO moved to go into Executive Session to consult with Attorney on this matter, seconded by Mr. Valdati, and unanimously carried. The meeting reconvened at 9:00 p.m. with all board members present. ELAINE SNOWDEN, Town Clerk, read the following resolution which was moved by COUNCILMAN PAOLONI and seconded by Councilman Valdati. PIQWON CORPORATION SPECIAL PERMIT FOR IMPROVEMENT OF NON -CONFORMING USE RESOLUTION OF DENIAL WHEREAS, the Town Board has received the application of Peter Elder of the Piqwon Corporation (the "Property Owner" and Applicant") for Special Use Permit and Site Development Plan approval involving the improvement/replacement of a non -conforming and discontinued salvage yard use with a contractors storage use in addition to continuation of the mix of office, retail and service, automotive sales and repair uses currently on the property, including the construction of a 13,000+ square foot pole barn on the 6.27 -acre property (the " Project"); and WHEREAS, the property is known as Tax lot 6258-02-702520 and is located on the southern side of Myers Corners Road across from the intersection of Myers Corners Road and Degarmo Hill Road in the NB Neighborhood Business and R-40 Residential Districts (the "Property"); and WHEREAS, Applicant has submitted the following plans, prepared by John E. Railing, P.E., P.C. Wappinger Falls, New York; 1. "Map depicting Lands of Piqwon, Inc.," dated 3/24/99; and 7 09/27/99.RGM WHEREAS, the plans indicate that 3.5 acres of the property is located in the NB district while the remaining 2.76 acres is located in the R-40 district; and WHEREAS, the majority of the proposed 13,000 square foot storage building is proposed in the R-40 District; and WHEREAS, of the Owner has been removing old tires and other debris from the site with the intent to use the property for the storage, maintenance and repair of his large scale construction vehicles and equipment; and WHEREAS, the plans indicate that eight (8) of the buildings, and structures are located in the front 3.5 acre NB -zoned portion of the Property while seven (7) construction office and storage trailers, four (4) flatbed trailers, and one tanker are located in the 2.76 -acre R-40 zoned portion of the Property; and WHEREAS, the residentially zoned portion (the rear) of the Property has been used in the past as an automotive salvage yard; and WHEREAS, the existing professional, service and business offices uses are permitted principal uses in the NB zone; and WHEREAS, the existing automotive repair shop is subject to special permit approval by the Planning Board in accordance with Section 440.21; and WHEREAS, the existing automotive sales use was granted site plan approval by the Planning Board on June 16, 1980 but is no longer permitted use in the NB District and is therefore an existing non -conforming use; and WHEREAS, the contractors storage use and the automotive sales are not permitted uses in either the neighborhood Business or the Residential R-40 zoning districts; and WHEREAS, the proposed use of the site would include the storage of large construction vehicles and equipment in the residentially zoned portion of the property; and WHEREAS, Section 400.5, "Non -Conforming Uses and Structures". Subsection 400.5.6 of the Zoning Law, entitled Improvement of Non - Conforming Uses, states; "In order that non -conforming uses may gradually be brought into greater conformity with the Zoning Law and the adverse external effect of such uses may be reduced upon application to and approval of a special use permit by the Town Board and approval of a site development plan by the Planning Board, the owner of any land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a plan whereby 09/27/99.RGM through the addition of landscaped screening and buffer areas, control of noise, smoke or odors, the improvement of lighting, architectural changes, redesign of parking area and access drives, or by any other appropriate means, these purposes may be achieved. The Town Board and the Planning Board may grant approval, or approval with modifications, provided said Boards find that the purposes of this section would be furthered by such action"- and WHEREAS, the improvement of non -conforming uses is not a use listed in the Schedule of Use Regulations as a permitted principal, special permit or accessory use; and WHEREAS, the authority to enable the improvement of a non -conforming use is a special legislative act which requires the Town Board to use its legislative discretion to determine whether there are modifications to existing non -conforming uses or buildings which may benefit the public health, welfare and safety; and WHEREAS, because the Town Board determination as to whether proposed modifications to a non -conforming use are in the best interest of the public health, welfare and safety is a legislative act which cannot be mandated by the Applicant, the decision not to entertain Project is not subject to review in accordance with the State Environmental Quality Review Act ("SEQRA" ); and WHEREAS, such legislative determinations, if entertained by the Town Board, are processed in accordance with the special use permit procedural requirements of the Zoning Law and cannot be approved unless reviewed in accordance with SEQRA; and WHEREAS, applications for special permit approval and site plan approval were made by the applicant to the Town Board and the Planning Board, respectively, to Section 400.5.6; and WHEREAS, the Town Board referred the application to the Planning Board for its site plan review and recommendations regarding the special permit and the merits of the project with respect to the standards of Section 400.5.6; and WHEREAS, according to the Applicant, a portion of the Property was used as a automotive salvage yard since 1947 and the last state permit to operate a salvage yard was issued to A & J Parsons and expired May 31, 1997; and WHEREAS, the last Town of Wappinger license to operate a salvage yard for the Property was February 16, 1995, approved March 31, 1995, and there is an undated license signed by the Town Clerk with an expiration date of December 31, 1995; and D 09/27/99.RGM WHEREAS, the Zoning Administrator noted to the Zoning Board of Appeals by correspondence dated September 15, 1998 that the Property had not been used for a salvage yard for more that two and one-half (2 %2) years; and WHEREAS, therefore the status of the salvage yard as a pr -existing legal non -conforming use has expired and the use cannot be continued and any future use of the property must be in conformity with all provisions of the Zoning Law; and WHEREAS, although Section 400.5.6 permits the Town Board to allow modification of non -conforming uses in effort to improve the degree of conformity with the Zoning law and to improve, mitigate or eliminate negative aspects of such uses, the Applicant has not demonstrated how the proposed use will benefit the town; and WHEREAS, it appears the Project would not reduce the adverse external effects of the existing non -conforming uses, but rather would add a new non- conforming use and would include construction of a large structure in support of such additional non -conforming use; and WHEREAS, such additional non -conforming use and structure would be located in the residential portion of the property; and WHEREAS, pursuant to Section 400.5.2.4, "No non -conforming use of land shall be changed to another non -conforming use."; and WHEREAS construction of a large building g would require a substantial capital investment in a structure designed for a prohibited use in the R-40 District, thereby exacerbating and encouraging the continued use of the residential portion of the property in a manner which is inconsistent and in conflict with Zoning Law, the town Comprehensive Plan and the surrounding residential properties; and WHEREAS, it appears the Project would not change the existing buildings, structures or uses which would control noise, smoke or odors emanating from the Property; and WHEREAS, the applicant has not shown how large vehicles will maneuver through the site and how such traffic might impact the watercourse which runs through the property; and WHEREAS, there are other properties in the Town of Wappinger which are available and appropriately zoned for such uses; and WHEREAS, the rear portion of the Property could be subdivided and developed in compliance with the requirements of the R-40 Residence District separately from the Front portion zoned NB, ideally as part of or after the 10 09/27/99.RGM adjoining residential properties to the east or west are similarly subdivided into smaller residential lots and provide additional road access. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby denies the application for reuse of the subject Property for the contractors storage yard use as the Project is defined herein on the grounds that: A. The proposed contractors storage use is not a permitted use in neither the R-40 nor the NB zoning districts: B. The former non -conforming automotive salvage yard use has expired and, pursuant to Section 400.5.2.3, is no longer entitled to continuation; C. The proposed use is not a modification to an existing non -conforming use; and D. The Project will not achieve the objectives and requirements of Section 400.5.6 of the Zoning Law since it will not, as proposed, bring the property into greater conformity with the Zoning Law and it will not improve the external effects of the use and property to the benefit of the surrounding area. At this time Al Roberts Attorney to the Town informed the board that the sections referenced in this resolution, referred to the prior zoning law and not to the Current Town Code that was just adopted. Roll Call Vote Vote Constance Smith, Supervisor voting aye Robert Valdati, Councilman voting aye Vincent Bettina., Councilman voting absent Joseph Ruggiero, Councilman voting aye Joseph Paoloni, Councilman voting aye The resolution is hereby duly declared adopted After the Roll Call Vote, several of the members stated their reasons for their decision to vote for denial. COUNCILMAN VALDATI on his reason to vote for denial is that the infrastructure in that area cannot support the type of goings on in that area. Heavy equipment moving in, the safety concerns of our residents, aside from the other questions brought up regarding noise. He thinks that it is irrefutable that large pieces of equipment crossing such a road and such a secureness area would certainly be a safety hazard. COUNCILMAN PAOLONI said he represent the residents in that area, and one of their major concerns was the site clearance on that type of road, and cannot be remedied. That's the reason he voted for denial. Next are the vacancies for the Zoning Administrator and the Conservation Advisory Council. SUPERVISOR SMITH said she wished to table the 11 09/27/99.RGM vacancy for the Zoning Administrator at this time. She has had between 12- 14 applicants being denied, and one that is not. However Mr. Liebermann has indicated he is interested in the position, and she is going to get in touch with Dutchess County Personnel to ask if there is a way for him to be grandfathered, because he has in the past, taken the test. COUNCILMAN RUGGIERO moved to table the appointment of the Zoning Administrator at this time. Seconded by Mr. Valdati Motion Unanimously Carried Next is the appointments to the Conservation Advisory Council. SUPERVISOR SMITH said she wished to table these appointments also, because she has only heard from a few people. She will also advertise in the newspaper again. COUNCILMAN VALDATI moved to table the appointments to Conservation Advisory Council at this time. Seconded by Mr. Paoloni Motion Unanimously Carried The term of office of Keith Harry Carlson as a member of the Board of Assessment Review will expired September 30, 1999, and he indicated his desire to be re -appointed to the position. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption. RESOLVED, that Keith Harry Carlson be and he is appointed to fill the vacancy of the Board of Assessment Review of the Town of Wappinger which has occurred by the reason of expiration of his term of office, and IT IS FURTHER RESOLVED, that the said Keith Harry Carlson is hereby appointed to the said Board of Assessment Review for a term which shall expire on the 30th day of September 2004. Seconded by Supervisor Smith Motion Unanimously Carried A request to obtain a Hawking & Peddling License was received from Melinda Barroa, 8 Deer Run Road, Poughkeepsie, NY. She is planning to sell hamburgers, hot dogs, etc. Also received was a food service inspection report from the Board of Health. COUNCILMAN VALDATI moved to approve the Hawking & Peddling License to Melinda Barroa, in order to sell hamburgers, hot dogs, etc. Seconded by Mr. Ruggiero Motion Unanimously Carried 12 09/27/99.RGM A memo from Graham Foster, in regard to the land acquisition on Spook Hill Road. Mr. Foster indicated that many accidents have occurred on Spook Hill Road, just north of Fieldstone Blvd. We now have the opportunity to acquire enough property to improve this corner from the current owner free of charge, provided we supply any engineering required. Mr. Foster suggests we ask Jay Paggi, Engineer to the Town to do the work, and accept the property for future road work. COUNCILMAN VALDATI moved to authorize Engineer to the Town and Attorney to the Town to prepare the necessary paperwork for the acquisition of the property. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several requests from Ralph Holt, Recreation Chairman. This summer's program was held at Evans School instead of the Hughsonville Firehouse. It is hoped these children will eventually use the Rymer property for this program. Twenty years ago, we had installed swings, a slide, monkey bars and a back stop at Hughsonville, which has long been written off. Recreation would like permission to offer Hughsonville the option to keep the equipment and have them assume the responsibility insurance wise for maintenance. Removing the equipment would cost around $1,500. COUNCILMAN VALDATI moved to authorize Recreation permission to offer Hughsonville Fire the option to keep the equipment, and have them assume responsibility insurance wise, for maintenance. Seconded by Mr. Paoloni Motion Unanimously Carried Recreation would like to begin construction of the new Town Park located off Old Hopewell Road (Rymer Property). They have received approval for the contractor to construct the entrance into the property. What is needed at this point, is to put in place a qualified agency that would interface with the contractor performing the work. We would like to recommend that the Town engage Jay Paggi, Engineer to the town to be the interface between the vendor and the town. COUNCILMAN VALDATI moved to authorize Jay Paggi Engineer to the Town to interface with the contractor performing the work on the Rymer property. Seconded by Mr. Ruggiero Motion Unanimously Carried 13 09/27/99.RGM During the early part of Summer, the landfill area at Castle Point was still being worked on and the area set aside for the playground equipment required extensive construction effort. Time became a very important factor in having the park ready for the opening of the Summer Program. Recreation acquired the services of RGH Construction and they agreed to come in and perform the work needed to complete this effort in time for the opening of the park. It is now time to pay the bill which is $2,783.74. Although this exceeds the amount we can contract for work without having to get three (3) estimates, Mr. Holt feels this was an emergency situation, and the work had to get completed before the opening of the summer playground season. Mr. Holt is requesting the funds to pay the vendor. The money to pay RGH construction is covered in budget A-7110.4. COUNCILMAN VALDATI moved to authorize $2,783.74 payable to RGH Construction, as requested by Mr. Holt, for the work performed at Castle Point, and the funds to come out of budget A-7110.4. Seconded by Mr. Ruggiero Motion Unanimously Carried The last request from Mr. Holt is approval for a P.O. in the amount of $4,150, payable to DiPiet Fence Co., for the installation of new fencing along field #9 at Robinson Lane Recreation Area. The funds for this project are in Recreation Equipment line A-7110.2. This was the only quote received, as "Eric" from A-1 Fence has been seriously ill and unable to do the work this summer. Adams Fences said they were to busy and were unable to provide and estimate or perform the work at this time. COUNCILMAN PAOLONI moved to authorize a P.O. in the amount of $4,150 payable to DiPiet Fence Co. for the installation fencing along field #9 at Robinson Land Recreation Area, and the funds to come out of Recreation Equipment line A-71110.2. Seconded by Mr. Ruggiero Motion Unanimously Carried A request for return of escrow funds for seeding from Joseph & Lisa Paoloni, 41 Lane Gate Road, in the amount of $1,000. COUNCILMAN VALDATI moved to authorize the return of the above escrow funds to Joseph & Lisa Paoloni, 41 Lane Gate Road, based on the recommendation of Paul Foody, Building Inspector. Seconded by Mr. Ruggiero Roll Call Vote Vote Constance Smith, Supervisor Aye Robert Valdati, Councilman Aye 14 09/27/99.RGM Vincent Bettina, Councilman Absent Joseph Ruggiero, Councilman Aye Joseph Paoloni, Councilman Abstain Motion Carried Next is a request from Michael Arthur, 300 All Angels Hill Road, for refund of an overpayment for a FOIL request in the amount of $25. COUNCILMAN RUGGIERO moved to authorize the refund of the $25 for a FOIL overpayment to Michael Arthur, 300 All Angels Hill Road, upon the recommendation of Paul Foody, Building Inspector. Seconded by Mr. Valdati Motion Unanimously Carried Linda Tasadfoy, Assessor, requests permission to attend a Seminar on Manufactured Home Park Valuation, to be held in Mt. Kisco, New York on November 17th 1999. SUPERVISOR SMITH moved to authorize Linda Tasadfoy to attend the Seminar on November 17th, 1999 and her legitimate expenses to be a town charge. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is a report from Al Roberts, Attorney to the Town, on the filing of the Sarno Easement. SUPERVISOR SMITH wished to have it in the records that Mr. Roberts did file the report, but we did not receive the documents back from the County Clerk Office yet. COUNCILMAN RUGGIERO moved to accept the report and place on file. Seconded by Mr. Valdati Motion Unanimously Carried Linda Walter, Deputy Court Clerk requests permission to attend a Seminar on October 11th to October 131h 1999. The cost to attend the Seminar is $268. COUNCILMAN RUGGIERO moved to authorize Linda Walters to attend the Seminar from October 11th to October 13th, 1999 and her legitimate expenses to be a town charge. Seconded by Mr. Valdati Motion Unanimously Carried Supervisor Smith announced that that authorization is needed for Jay Paggi, Engineer to the Town to perform some work for the CD Fund application for Martz Field. COUNCILMAN VALDATI moved to authorize Jay Paggi, Engineer to the Town to perform the work needed for the CD application for Martz Field. Seconded by Mr. Ruggiero 15 09/27/99.RGM Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN PAOLONI re: the overgrown hedges on the corner of Larissa Lane and Montfort Road. He feels it is a serious situation and is requesting Mr. Foster to look into the matter. Discussion followed. COUNCILMAN PAOLONI moved to authorize Mr. Foster inspect the overgrown hedges at the corner of Larissa Lane and Montfort Road and remedy the situation. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN RUGGIERO received a petition from several residents of Orchard Drive and Ardmore Drive. They are requesting two STOP signs be installed. One from Ardmore and Farms End Road, and the other from Orchard Drive and Farms End Road. School children must cross Orchard Drive and Farms End at that point to get to the bus stop. They feel, in order to prevent possible accidents and save lives it is imperative to place both STOP signs at those points. Discussion followed COUNCILMAN RUGGIERO moved to authorize Jay Paggi, Engineer to the Town and Graham Foster, Highway Superintendent to inspect the area and report back to the board. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN VALDATI on Highway. Has anyone gone up to the Highway Department to see the improvements Mr. Foster has done in terms of the recycling area? He has done a lot of work and must be congratulated for doing the work within budget constraints. SUPERVISOR SMITH announced that she has interviewed Lisa Lynch for the part time position for the Zoning/Planning Department. She would like authorization to hire Lisa. She will be receiving $8.48 an hour (17 Y2 hrs) and would like her to start on October 4th. COUNCILMAN VALDATI moved to authorize Supervisor Smith to hire Lisa Lynch for the part time position as assistant to the Secretary of the Zoning/Planning Department, at a salary of $8.48 for a 17 Y2 hour week. Seconded by Mr. Paoloni Motion Unanimously Carried BONDS AND LETTERS OF CREDIT A report was submitted from the Zoning Administrators office for the month of August on the schedule of Bond and Letters of Credit on various subdivisions, the amounts, expiration dates and call up dates. Discussion S:1 09/27/99.RGM followed on Nicole Farms. The call up date is 9/19/99 and the Letter of Credit expires on 11/19/99. COUNCILMAN RUGGIERO moved to authorize Attorney to the Town, Al Roberts, to contact Mr. Klein and notify him that if he does not improve the grade at Kent Road and All Angels Hill Road by November 19, 1999, the Town Board will call in the Bond. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Engineer to the Town, Jay Paggi to prepare a proposal to correct the grade at Kent Road from Robin Lane. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to accept the Bonds and Letters of Credit and place them on file. Seconded by Mr. Paoloni Motion Unanimously Carried A request for Certification of Adjusted Base Proportions for the Town of Wappinger, the Town Outside the Village, Wappinger School District, Arlington School District, and Beacon School District, was received from the State, as required by Article 19 Section 1903 of the Real Property Tax Law. The Town Board must annually certify these proportions. COUNCILMAN VALDATI moved to Certify the Adjusted Base Proportions for the Assessment Rolls completed 1999 as furnished by the State, for the Town of Wappinger, Town Outside the Village, Wappinger School District, Arlington School District, and Beacon School District, and authorize the Town Clerk to Sign. Seconded by Mr. Paoloni Motion Unanimously Carried Next is to accept the Bargain and Sale Deed from Andlyn Associates for the parcel adjoining Castle Point Recreation Area, (Chelsea Bluff Subdivision.) COUNCILMAN RUGGIERO moved to accept the Bargain and Sale Deed from Andlyn Associates for the parcel adjoining Castle Point Recreation Area. Seconded by Mr. Valdati Motion Unanimously Carried Next is the introduction of the proposed Local Law for Code Amendment for "No Parking or Standing" Myers Corners Road at DeGarmo Hills Road and set a Public Hearing. 17 09/27/99.RGM The following resolution was moved by COUNCILMAN PAOLONI and seconded by Councilman Valdati. WHEREAS, it has come to the attention of the town Board of the Town of Wappinger that the traffic volume and congestion on Myers Corners Road, from its intersection with All Angels Hill Road to its intersection with Brothers Road, make Parked, stopped or standing motor vehicles on Myers Corners Road hazardous to pedestrians and other motorists traveling on Myers Corners Road; and WHEREAS, the Town Board has determined that the most appropriate way to alleviate the hazard of parked, stopped or standing motor vehicles on that section of Myers Corners Road, for its intersection with All Angels Hill Road to its intersection with Brothers Road, is to amend Sections 230-46, 230-47 and 230-48 of the Cod of the Town of Wappinger to prohibit parking, stopping or standing along that section of Myers Corners Road. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law #_ of the Year 1999 in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type ii action as defined in 6 NYCRR 617.5 and Section 117-5 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action thatar requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQR) or pursuant to NYCRR Part 617. to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR part 617. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #_ of 1999 to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 12th day of October, 1999 at 7:25 p.m., and that the Town Clerk is directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted i;] 09/27/99.RGM Next is to introduce the following proposed Local Law for Code Amendment `Restrictions' Applicable to Hawkers & Peddlers and set a Public Hearing. The following resolution was moved by COUNCILMAN RUGGIERO and seconded by Councilman Valdati. WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that pursuant to the restrictions currently in force in the Town, licensed Hawkers and Peddlers are required to move any vehicle or apparatus used in connection with their activities after one hour in any specific location. Such Hawkers or Peddler must move to a new location not less that 1,000 feet from the previous location, must not return to the previous location for at least two hours, and not return to any singe location more that twice in one day; and WHEREAS, the Town Board enacted the current restrictions in order to ensure such peddling and soliciting activities did not disturb residential, commercial, religious or educational buildings; and WHEREAS, the town Board has determined that requiring such frequent movement on the part of Hawkers and Peddlers results in an overall increase in the number of peddling and soliciting locations, and therefore, an increased likelihood of disturbing residential, commercial, religious or educational buildings in the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law #_ of the Year 1999 in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and in Section 117-5 of the Code of the Town of Wappinger, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #_ of 1999 to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 12th day of October, 1999 at 7:20 p.m., and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye 19 09/27/99.RGM Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. Next is the resolution for the acquisition of a Tax Delinquent Parcel (LAUFFER-Parcel), Myers Corner Road. Discussion followed COUNCILMAN VALDATI moved to table to the October 12th workshop meeting for further discussion. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is to introduce the proposed Local Law for STOP signs on Iroquois Drive at Cayuga Drive and set a Public Hearing. The following Resolution was offered by COUNCILMAN VALDATI and seconded by Councilman Ruggiero. WHEREAS, the Town Board has received several requests to make Iroquois Drive at its easterly intersection with Cayuga Drive a full stop street and that stop sign be erected accordingly; and WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent concurs that such intersection be designated a stop intersection. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The recitations above set forth are hereby incorporated as if fully set forth herein. 2. The Town Board hereby introduces for adoption Local Law #_ of the Year 1999 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 Section 117-5 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that his action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 4. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #_ of 1999 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 12th day of October, 1999, at 7:15 p.m., and that the Town Clerk is directed to post and publish notice of the Public Hearing in the form annexed hereto. 20 09/27/99.RGM The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. Several requests from Gerald Terwilliger, Comptroller. The first is for the temporary transfer of $150,000 from the A Fund to the Central Wappinger Emergency District #1 on a temporary basis until new District's funding is in place. This will enable the town to pay bills it has incurred in the drilling of the two new wells at the Atlas Well site. COUNCILMAN VALDATI moved to authorize the temporary transfer of $150,000 from the A Fund to the Central Wappinger Emergency District #1 until the new District's funding is in place as requested by Mr. Terwilliger. Seconded by Mr. Paoloni Motion Unanimously Carried The Town Clerk's Postage Machine has required numerous service calls for repairs in the last two to three weeks. The machine is over 15 years old. Pitney Bowes reps have contacted the Town on the possible replacement of the current postage machine. The Town currently pays $964.32 annually for rental and $1,563 for maintenance for an average cost of $211 per month. Pitney Bowes proposal for a new machine Model U570/650, under NYS Lease Contract #PC54866 for 48 months would cost the Town $227 per month for lease period that included the hardware and maintenance. The Town's current maintenance contract renewals on our current machine have increased an average 4% to 6% per year, and the fact that the machine is over fifteen years old, makes sense to replace the machine. Mr. Terwilliger recommends the Town lease the new postage machine under the NYS Lease Contract at $227 per month. Over the term of the lease, this will save the Town approximately $200 over current costs. COUNCILMAN RUGGIERO moved to authorize the lease of a new postage machine from Pitney Bowes under NYS Lease Contract #PC54866 for 48 months at a cost of $227 per month as recommended by the Comptroller. Seconded by Mr. Valdati Motion Unanimously Carried 21 09/27/99.RGM At this time Elaine Snowden, Town Clerk requested approval to get proposals for the purchase of a new cash register for her office. It is well over 15 years old, and parts are no longer available for it. COUNCILMAN RUGGIERO moved to authorize the Town Clerk get proposals for the purchase of a new cash register. Seconded by Mr. Paoloni Motion Unanimously Carried UNFINISHED BUSINESS A memo from Supervisor Smith regarding the landscape bids. Several bids were received, however, some bids were for partial season rather than full season. Supervisor Smith suggests all the bids be rejected, and go out to bid in January for the full season. COUNCILMAN VALDATI moved to reject all the landscape bids, and go out to bid in January. Seconded by Mr. Ruggiero Motion Unanimously Carried At this time 10:20 p.m. COUNCILMAN VALDATI moved to go into Executive Session to discuss Gargano Escrow Account, seconded by Mr. Paoloni, and unanimously carried. The meeting reconvened at 10:40 p.m. with all board members present. COUNCILMAN RUGGIERO moved to waive the escrow fee in the amount of $1,273.75, that are in arrears. Seconded by Mr. Valdati Motion Unanimously Carried There was no other business to come before the board. COUNCILMAN VALDATI moved to close the meeting, seconded by Mr. Ruggiero and unanimously carried. The meeting adjourned at 10:45 p.m. Elaine H. Snowden Town Clerk WJ