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1997-11-24 RGMf AGENDA TOWN BOARD TOWN OF WAPPINGER NOVEMBER 24, 1997 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Special 9/20/97 9/29/97 Reg. 9/22/97 10/27/97 11/10/97 4. REPORTS OF OFFICERS Sup/Comet. Town .Justices Receiver of Taxelznl SS tt�ore O'Sull{{van Wit To n lin n•ll Year End Re o t 12/3 /96 Bgdg. nsp. W. c�m. Dog ontrol_ �ii .ter Report:BUthess o. Cour J PETITIONS & COMMUNICATIONS Monitors,T/Court a. Victor Fanuele, Wildwood Dr. re: installation of Drainage pipes (Dana Place) b. J. Paggi, Eng, to Twn. Reports: (1) BKHKR and G & R properties/Sewer Connection (corn: 11/7/97) (2) Rockingham Drainage (torr: 11/6/97) on Stafford complaint (3) Map, Plan, and Report for the Fleetwook Water Dist. proposed connection to the Village of Fishkill Water System C. Request for return of Escrow Fees from Bombardieri Homes, Inc. Lot #4, Red Hawk Hollow, $3,000. (W/Attny Rough Draft) d. Request from Hughsonville Fire Dist. to use T/Voting machine for 12/9/98 voting e. G. Foster, H. Supt. Re: (1) Purchase order #318 (2) response to Comptrollers Memo of 11/10/97 f. Resignation of Gerry diPierno from position of Recreation Direct g. Elizabeth Doyle, D. Co. C.D. Adm. re: application for the Community Development Block Grant Program h. Diane Mayerhofer, Barbara Lane, re: Fleetwood Water i. NYS Taconic Development Disabilities Services Office re: Information on providing Community living opportunities for people w/ developmental disabilities j. J. Paggi, Eng. to Twn re: Drinking Water State Revolving Fund/ Town Water Projects 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT a. 'Zoning Adm. Report b. Letter of Credit - O'Donnell 8. RESOLUTIONS a. Consider adoption of Local Law on Cell Tower Moratorium b. R. Holt, Rec. Ch. request for Budget Amendment c. Ann Buckley, Compt. request for Budget Amendments d. A. Buckley, Compt. Memo re: payment to J. Paggi for Fltwd water Dist. work e. Consider Bids for Castle Point Handicap Accessible Bathroom Facilities. 9. UNFINISHED BUSINESS Arlene Cole - Easement Trench - Rockingham 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: Public Hearing on Cell Tower Moratorium 7:15 P.M. r 112497.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on November 24, 1997 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 Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, 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 June Visconti, Councilwoman The Supervisor requested all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Special Meetings of September 20, 1997, September 29, 1997, and Regular Meetings of September 22, 1997, October 27, 1997 and November 10, 1997 having previously forwarded to the Board Members, were now placed before them for their consideration. COUNCILMEN RUGGIERO said he did not receive the Minutes of September 20th, and the Town Clerk said they would be sent to him. COUNCILMAN VALDATI wished to refer to the November 10th Meeting on page 3, which deals with the Supervisors comments on the budget. He would like a transcript of the Supervisors comments, (approximately five lines), from the Minutes before accepting them. COUNCILMAN VALDATI moved that the above stated Minutes, except the Minutes of November 10th, 1997 as submitted by the Town Clerk, be and they are hereby approved. Seconded by Mr. RUGGIERO Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of October were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Sedore & O'Sullivan, Audit Town Financial Year End Report 12/31/96, Building Inspector Report, Zoning Administrators Report, and Report from DC Court Monitors, Town Court. COUNCILMAN RUGGIERO moved to accept the reports and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried 1 ,�5 112497.RGM PETITIONS & COMMUNICATIONS Correspondence was received from Victor Fanuele, Wildwood Drive regarding the installation of drainage pipes on Dana Place. Mr. Fanuele is not against the project, or any other project that will help residents of the Town, but the timing, and lack of written assurance that his property would be restored in a timely manner. On November 10, 1997 3 highway trucks arrived at his home, and he was told for the first time that the drainage pipes were going to be installed. He was not informed about the work, or how his property would be restored. When told that his year old driveway would be patched, he was upset and requested the men to get off his property. He wants assurance that his property will be restored in a timely manner, and will get a new driveway, not a patched one. Also, to do the work this time of the year is absurd. He would have mud on the entire length of his property and an incomplete driveway all winter. Mr. Foster informed the Board that due to the interference of Mr. Fanuele, stopping the project, and the onset of winter, it could not be completed at this time. Mr. Foster suggested a survey be performed to find out where Mr. Fanuele's line is once and for all, and in the Spring when he does get around to installing the drainage pipes, he will not face a similar situation. Mr. Foster said he found a monument that he believes is the edge of the road, which is well behind Mr. Fanuele's fence. The work Mr. Foster was planning to perform, he believes is on Town property. COUNCILMAN RUGGIERO moved to authorize Engineer to the Town to survey the property in question and report back to the Board. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Valdati asked Mr. Foster how much money was allocated to perform the job, and Mr. Foster told him $50K, most of which has been spent for materials. We have lost two weeks. COUNCILMAN RUGGIERO moved to take this to a workshop for further discussion. Seconded by Mr. Valdati Motion Unanimously Carried Several Reports from Jay Paggi, Engineer to the Town. The first report concerns BKHKR and G&R Properties Sewer Connection. His office received a request from BKHKR and G& R Properties that they be included in Phase 3A of the Wappinger Sewer Transmission Treatment Improvement Area. G & R has offered to perform all construction necessary to connect to the existing Town of Wappinger Sewer, which is within 1,000 feet of their property. As the addition of these commercial parcels to the Improvement 2 y IY4� 112497.RGM Area will alleviate the financial burden on residential parcels at zero capital costs to the Town of Wappinger, Mr. Paggi would recommend that Phase 3A be extended to include these properties. In our next discussion, we will include these properties. COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The second report concerns the Rockingham Drainage project and a phone call received from the Stafford residence at 409 Old Hopewell Road, regarding the blasting operations that took place during the Rockingham Drainage Project. The Staffords complained that the blasting caused severe damage to their water supply and septic tank. Mr. Paggi contacted PRK Drilling and Blasting and informed them of the Staffords concerns. The blasting insurance company has addressed the issue to their satisfaction, and find that no damage was done due to the blasting that was accomplished for the Rockingham Drainage Project and therefore denying any claims. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Ruggiero. Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize Supervisor Smith send a letter to the Staffords stating the Town Board has assessed this issue and these are matters that should be handled with the Contractor. Seconded by Mr. Ruggiero Motion Unanimously Carried The final report from Mr. Paggi is an updated/revised sheets for the "Map, Plan & Report for the Fleetwood Water District Proposed Connection to the Village of Fishkill Water System" which was submitted in draft form previously dated October 1997. COUNCILMAN BETTINA moved to accept the Map, Plan and Report for the Fleetwood Water District Proposed Connection to the Village of Fishkill Water System, with the updated/revised sheets of November 7, 1997. Seconded by Mr. Valdati Motion Unanimously Carried Next is a request for the return of Escrow fees from Bombardieri Home, Inc., Lot #4 Red Hawk Hollow in the amount of $3,000. Also attached is a rough draft of a proposed letter from Attorney to the Town Al Roberts to be sent to Mr. Bombardieri in connection with correspondence regarding Red Hawk Hollow and Jay Paggi. K3 112497.RGM COUNCILMAN VALDATI moved to approve the return of escrow to Bombardieri Homes, Inc., Lot #4 Red Hawk Hollow in the amount of $3000 upon the recommendations of the Building Inspector and Highway Superintendent. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is to authorize Mr. Roberts to send the letter as drafted to Mr. Bombardieri in connection with the correspondence regarding Red Hawk Hollow and Jay Paggi. COUNCILMAN VALDATI moved to authorize Al Roberts, Attorney to the Town to send the letter, as drafted, to Mr. Bombardieri. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Eleanor Croshier, District Secretary for Hughsonville Fire District, with a request for the use of a Town Voting Machine for their annual upcoming District Election, to be held December 9, 1997. COUNCILMAN VALDATI moved to approve the request from Mrs. Croshier, District Secretary, for the use of a Town Voting Machine for their upcoming election on December 9, 1997, with blanket approval for New Hackensack Fire Company and Chelsea Fire, if requested. Seconded by Mr. Bettina Motion Unanimously Carried A request from Graham Foster, Highway Superintendent for a Purchase Order #318 payable to C.N. Wood in the amount of $5,000 for the repair of a pump on the Vactor. COUNCILMAN VALDATI moved to authorize Purchase Order #318 in the amount of $5,000 payable to C.N. Wood for the repair the pump for the Vactor. Seconded by Mr. Bettina Motion Unanimously Carried Next is a response from Mr. Foster to the Comptrollers Memorandum of November 10, 1997. Mr. Foster feels that Mrs. Buckley's memo effective December 1, 1997 that there is to be no more spending, unless its an emergency, is in direct violation of his purchase order procedure. Where do you draw the line in what constitutes and emergency. In the mean time he will keep a list of each purchase and will give Mrs. Buckley a daily list beginning 12/1/97 through 12/31/97. Supervisor Smith said that would be fine, and Comptroller Ann Buckley said if an emergency situation arises, by all means purchase what is needed, and then advise her at once. 4 LI'd 112497.RGM COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried The resignation of Gerry diPierno from the position of Recreation Director was received, effective immediately. He has accepted a management position with a national company which demands substantial travel and responsibilities. Thus he could not fulfill his duties of Town Recreation Director. Supervisor Smith asked the Recreation Committee to resurrect the applications of people that were previously interviewed for the position to pick a qualified candidate who may still be interested. COUNCILMAN VALDATI moved to accept the resignation of Gerry diPierno as Town Recreation Director, and authorize the Town Clerk to send a letter of appreciation. Seconded by Mr. Ruggiero Motion Unanimously Carried A 1998 year application kit for the Community Block Grant Program for the Town of Wappinger, was received from Elizabeth Doyle, CD Administrator. Several of the projects to be considered are : Handicap Accessible Restroom for Grinnell Library; Handicap Accessible Doors for the Town Hall; Handicap Accessible Restroom for Schlathaus Park; A Town Swimming Pool. Mr. Paggi investigated the cost associated with retro -fitting an automatic opening handicap accessible door at the Town Hall building, and estimated the project cost to be $25K. Mrs. Smith informed the Board that a Public Hearing would need to be set. SUPERVISOR SMITH moved to set the Public Hearing for the recommendations and suggestion for the use of Community Development Funds for December 22, 1997 at 7:15 P.M. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Diane Mayerhofer, Barbara Lane, regarding her concerns with the Fleetwood Water situation and the availability of the records having to do with Fleetwood Water. Supervisor Smith informed the Board that she passed this letter on to Jay Paggi, Engineer to the Town to answer, as it does address his pockets. COUNCILMAN BETTINA moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried 5 112497.RGM Correspondence was also received from David Sucato, Director of NYS Taconic Development Disabilities Services Office, with information on providing Community living opportunities for people with developmental disabilities. The NYS Mental Hygiene Law (Section 41.34) calls for involvement of local municipalities in the site selection process. As we find a potential suitable site and will so inform you and pursue our proposal in accordance with legal requirements. COUNCILMAN VALDATI moved to accept the correspondence and place it on file Seconded by Mr. Ruggiero Motion Unanimously Carried A report from Jay Paggi, Engineer to the Town, on the Drinking Water State Revolving Fund for Town Water Projects. As you recall, Combined Wappinger Water, of which Fleetwood Water was a part, applied for DWSRF funding as one $22 Million project. It has now been proposed, however, that Fleetwood begin improvements as a separate smaller project. Since the Town would like to receive funding for this small project, a call was made to the NYS Department of Health in Albany, to see how this could be done. The procedure to follow, according to Charles Hudson of the NYS Department of Health is as follows: • Combined Wappinger Water should be broken into three (3) smaller projects, namely a. Fleetwood b. Four (4) District Improvement Area c. Remaining Areas • A pre -application form should be submitted for each project, placing them on the multi-year list. • The submission of plans and specs for any of the three would upgrade that project readiness list, and make it eligible for funding. • The remaining projects would stay on the multi-year list, until the Town was ready to proceed. Our office is now in the process of completing the pre -application forms for the areas described. When these have been submitted, any course of action decided upon by the Board regarding Fleetwood Water would be eligible for DWSRF funding, while the remaining areas of Combined Wappinger Water would remain on the NYS Department of Health's Intended Use Plan Multi - Year list, until such time as the Town elects to proceed. COUNCILMAN VALDATI moved to accept Mr. Paggi's report and place it on file. Seconded by Mr. Bettina 31 , 50 112497.RGM Motion Unanimously Carried At this time Steven Kissel, President of Turnkey Property Management was recognized by the Board. He wished to address the Board to discuss the late fee charges (water & sewer) for the White Gate Condominiums. Mr. Kissel went on to explain that a check for $5,500 was cut and signed, and mailed on the proper date. He is never late with a payment, the check must have gotten lost in the mail, that is why the Town never received it. It never came back to him. Mr. Kissel feels the $550 late fee was unfair. He went on to explain his procedures for paying utilities, etc. He is requesting the Town Board reverse their decision on the late fee. Supervisor Smith advised Mr. Kissel that the Town Board would have a meeting to discuss and review further, and get back to him in writing, with their decision. COMMITTEE REPORTS Mr. Ruggiero gave an update on the Code Publishers. They have been working with the Attorney to the Town. A memo was dispersed to Engineer to the Town, Highway Superintendent and other department heads regarding input on the Code Publishing recommendations. We are going to sit down with the committee and go over some things we want to include that was discovered by the Publishers. At the October 27th meeting, Mr. Ruggiero was authorized to reply to Mr. Laurence Mercer's letter, in which he complained of the outrageous cost of Water & Sewer. He stated he was a Senior Citizen, and Military Veteran and wished to know if he would qualify for any type of relief. Mr. Ruggiero informed Mr. Mercer of the programs that were available to him, and he was very excited until he found out he had to be 62. Mr. Ruggiero suggested he contact the Assessor and inquire about the STAR program. COUNCILMAN VALDATI on Highway. He asked Mr. Foster if there was any avenue between the Town and the Village to share highway equipment. Mr. Foster said yes, and in turn they have helped us. Also a while back Mr. Valdati made a suggestion that the Town of Wappinger send their Agendas to the Village, and we in turn would send our Agendas, so we may have closer communication. Mrs. Snowden, Town Clerk informed Mr. Valdati that she sends our Agenda to the Village every month, but has never received one from the Village. Mr. Valdati suggested the Town of Wappinger consider having semi- annual meetings with the Village of Wappingers Falls to share concerns and ideas. COUNCILMAN BETTINA had no reports at this time. SUPERVISOR SMITH reported on the Legislative Committee in Albany and they went through a number of Resolutions. If the Highway has any 7 k% 112497.RGM Resolutions they wish to include, Mrs. Smith will be going to Albany again at the end of January. The Supervisors and Mayors Association sent a Resolution today The Resolution concerns the STAR program, which is a mandate without relief because they are only giving us 54 cents per parcel, and it turns out to be $4K for us, and we know very well its going to cost us much more, because it is a mammoth amount of work.. She also announced that the Associations of Towns Meeting would be held February 19, 1998, and she must send in reservations as soon as possible. Mr. Ruggiero, Mr. Bettina Mr. Paoloni Mr. Pa Mr. Roberts and Mrs. rs. Snowden said they would attend. Mr. Valdati was not sure, but he would confirm by the end of the week. COUNCILMAN BETTINA moved to allow for per diem in advance for Association of Towns Meeting to be held on February 19th. Seconded by Mr. Ruggiero Motion Unanimously Carried BONDS & LETTERS OF CREDIT Mr. Close submitted his amended report for the month of October on the subdivisions, the amounts, expiration dates and call up dates. Also submitted was a Letter of Credit from Craig O'Donnell. Mr. Roberts, Attorney to the Town went on to explain that Mr. O'Donnell was supposed to submit a Maintenance Bond secured by a Letter of Credit. The Maintenance Bond has not been received yet. Once the Maintenance Bond is received, we can record the Deed. Supervisor Smith said she would call Mr. O'Donnell the next day and tell him he must come in and fill out the Maintenance Bond, then a copy gets sent to Mr. Roberts. COUNCILMAN RUGGIERO moved to accept Mr. Close's amended report and place it on file and the Letter of Credit from Mr. O'Donnell. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS A Public Hearing having been held on a proposed Local Law entitled "Cell Tower Moratorium", the matter of its adoption was now place before the Board for their consideration. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption, seconded by Mr. Bettina. LOCAL LAW #6 OF 1997 TOWN OF WAPPINGER A Local Law Entitled a "Cell Tower Moratorium" adopting a temporary 120 - day moratorium on the approval, establishment, placement, construction, 112497.RGM enlargement and erection of telecommunications towers, antennae and facilities in the Town of Wappinger. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title: Cell Tower Moratorium. This Local Law shall be known and cited as Town of Wappinger Local Law No. #6 of 1997, entitled a "Cell Tower Moratorium" by implementing a temporary 120 -day moratorium on the approval, establishment, placement, construction, enlargement and erection of telecommunications towers, antennae and facilities in the Town of Wappinger. Section 2: Legislative Intent and Purpose. 1. The Town of Wappinger contains several major transportation corridors, including State Route 9, State Route 9D and State Route 376. There are presently no wireless telecommunications towers in the Town. The Town has received several investigative inquires regarding the placement and construction of wireless telecommunications towers in the Town and there is currently one application to construct a wireless telecommunications tower and one application for a 70 foot wireless telecommunications tower/antenna for private commercial use pending before the Planing Board and, in addition, the Zoning Administrator has received several investigative inquiries and expects to receive several more applications for such towers/antennae in the near future. 2. It further appears that the Town of Wappinger and Southern Dutchess County in general has a very limited number of potential sites which would be acceptable for the installation of wireless telecommunications facilities. 3. The Town's Zoning Law does not contain adequate provisions relating to the establishment, location, approval and control of wireless telecommunications towers and antennae. Since the time of the enactment of the zoning Law, the technology with regard to telecommunications towers has changed dramatically in the communications industries. These changes in the technology necessitate a comprehensive evaluation of a proper means to accommodate this needed service as part of the Town's land use laws and policies. The existing law on telecommunication towers and utility structures does not address current technology or issues such as co - location, use of existing towers or other structures, or prioritization of potential location sites. It is imperative that the Town amend its Zoning Law to provide procedures, standards and criteria for the D 'N 1 7 112497.RGM approval, control and monitoring of these towers and antennae within its boundaries. 4. The Federal Telecommunications Act was signed into law in February of 1996. The effects of this Act upon the Town of Wappinger's ability to regulate wireless telecommunications facilities require study by the Town of Wappinger. 5. The changes in wireless telecommunications technology, additional licenses granted by the Federal Communications Commissions, and the increased demand for wireless telecommunications services have let to a significant increase in the demand for wireless telecommunications facilities within the Town of Wappinger and Southern Dutchess County in general. 6. The citizens of the Town of Wappinger have expressed significant concern relating to the location of wireless telecommunications facilities within the Town. The primary concerns related to the aesthetic effects and impacts on neighboring properties and the community as a whole. 7. The citizens of the Town of Wappinger have also expressed a desire that the Town of Wappinger receive adequate wireless telecommunications services, proved that the facilities are designed and located so as to address the community's aesthetic concerns. 8. The Town also recognizes that there is a public need for telecommunications services, while simultaneously recognizing its obligations under the Federal Communications Act. The town acknowledges that telecommunications services are important modes of communication. It is not the purpose of this law to prohibit such services; to avoid rendering decisions in a reasonable period of time; to discriminate among providers of functionally equivalent services; or to regulate the entry of any commercial or private mobile service. To the contrary, it is the purpose of this law to develop comprehensive land use regulations tha will facilitate the location of towers and related facilities in designated locations, and give clear notice to service providers of the Town's provisions relating to siting and development of same. 9. The Telecommunications Act preserves a right to non-discriminatory zoning regulations. The town Board desires to provide for the establishment, placement, construction, enlargement and erection of commercial transmitting antennae (towers for wireless telecommunications services) on a comprehensive town -side basis, and provide zoning regulations that address modern technology and the 10 y5`j 112497.RGM needs of the providers of services. Towers and related facilities incorporate large structures that are generally at a much larger scale than surrounding structures. It is important to implement land use regulations that maximize compatibility of towers with surrounding land uses, minimize impact on visual resources, including the significant ridge lines in the Town, and impact on community character, and avoid any unnecessary proliferation of towers, either in number or location. 10. Information received from the industry and from other governmental agencies that have studied current technology establishes that wireless telecommunication facilities can be designed and installed in ways that will address these aesthetic concerns. 11. The Town of Wappinger requires time to study the feasibility of requiring co -location of wireless telecommunications facilities within the limited number of potentially acceptable sites within the Town of Wappinger. 12. Processing applications for wireless telecommunications facilities at the present time without the information to determine the need for or the ability to design such facilities so as to allow for co -location or nearby siting of additional facilities may result in the inability to allow adequate sites for competing providers. Beneficial services may not be able to provide without careful allocation of existing sites. 13. The law of the State of New York allows a municipality to enact a moratorium of reasonable duration for the purpose of implementing needed land use regulations. 14. In order to balance the needs for comprehensive zoning regulation and the need to provide services, the Town has chosen to enact this moratorium in the narrowest possible way. The Town has chosen to implement a very short moratorium period of 120 days, rather than a longer period. The Town intends to undertake evaluation, consideration, public discussion, and possible implementation of new zoning regulations in a timely fashion. Service providers and members of the public will be welcome to participate during this process. 15. Additionally, this law allows applicants to appear before the appropriate boards and agencies of the Town for discussion, and allows public hearings on applications to be held, although it does not allow final action to be taken by any board or agency on the application. To the extent the law remains the same after the end of the moratorium, the work done on the project during the moratorium period would 11 112497.RGM remain valid. Naturally, all decisions after the moratorium will have to be made under the law in effect at the time the decision is made. 16. This moratorium also provides a limited exemption from the moratorium for proposed facilities to be located on existing towers, or other structures, under conditions set forth herein. 17. Finally, in order to avoid or minimize any undue hardship that may arise from a strict application of the Local Law, the Town Board has provided for a review and appeals procedure to entertain and, if appropriate, to grant variances. Section 3: Moratorium Law. 1. Pursuant to the statutory powers vested in the Town of Wappinger to regulate and control zoning and land use, the Town Board hereby enacts a temporary 120 -day moratorium on the establishment, location, placement, construction, enlargement and erection of telecommunications towers and facilities, for the purpose of allowing the development of comprehensive zoning regulations to control the location and development of such facilities. 2. For the purposes of this Local Law, the term "telecommunications" towers and facilities' shall include all towers, monopoles, 3 -sided towers, guy -wired towers, and any other tower or other support structure or other facility used to support telecommunications antennae or other communications devices, or otherwise used in connection with telecommunications services, including but not limited to the transmission or receiving of radio, television, telephone or microwave communications, and any structures accessory thereto. However, this Local Law is not intended to cover police or fire communications, or facilities used exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar private residential communications. If any question arises under this law as to whether a particular tower or other facility is covered by this Local Law, the Zoning Board of Appeals is empowered to interpret this law in the same manner as interpretations of the Zoning Law. 3. During the effective period of this Local Law: A. Pending Applications. No currently pending applications for establishment, placement, construction, enlargement or erection of a telecommunications tower or facility, or for approval for subdivision plat, site plan, special permit, area variance or use variance, building permit, or certificate of occupancy for a proposed telecommunications tower or facility, shall be finally considered or 12 ' 56 112497.RGM voted upon by any board or agency of the town of Wappinger while this moratorium Local Law is in effect. B. New Applications. No new application for establishment, placement, construction, enlargement or erection of a telecommunications tower or facility, or for approval or a subdivision plat, site plan, special permit or area or use variance, building permit or certificate of occupancy for a proposed telecommunications tower or facility, shall be finally considered or voted upon by any board or agency of the town of Wappinger while this Local Law is in effect. C. Without limiting the foregoing: i) The Planning Board Shall not make any decision or findings, or grant any approval to a subdivision plat, site plan, special permit, or other permit which would have as the result the establishment, placement, construction, enlargement or erection of a telecommunications tower or other facility. ii) The Zoning Board of Appeals shall not make any decision or findings or grant any approval to a special permit, area variance or use variance, or other permit which would have as the result the establishment, placement, construction, enlargement or erection of a telecommunications tower or facility. iii) The Planning Board acting as Architectural Review Board shall not make any decision or findings or grant any approval which would have as the result the establishment, placement, construction, enlargement or erection of a telecommunications tower or facility. iv) The Building Inspector or Zoning Enforcement Officer shall not issue any permit which would have as the result thereof the establishment, placement, construction, enlargement or erection of a telecommunications tower or facility. D. Nothing in the provisions of Sections A, B and C above shall be deemed to preclude an applicant from appearing before the appropriate boards or agencies for discussions relating to proposed locations for facilities, or from the holding of public hearings relating to such proposals. However, no final action or approval shall be take on these applications. 4. Construction with other Laws. All local laws, ordinances, rules or regulations of the Town of Wappinger and any parts thereof in conflict with the provisions of this Local Law are hereby suspended to the extent 13 112497.RGM necessary to give this Local Law full force and effect during the effective period. 5. Effective Period and Coverage of Local Law. The Local Law shall apply to all zones and all real property within the Town of Wappinger. It shall be in effect for 120 days after its effective date, and shall expire following either the expiration of 120 days from its effective date, or the passage of zoning amendments governing the placement of commercial towers or antennae relating to wireless telecommunications services, which ever shall occur first. w 6. Penalties. Any Person, firm or corporation that shall establish, place, construct, enlarge or erect any commercial tower or antenna for the provision of wireless telecommunications services in violation of the provisions of this Local Law, or shall otherwise violate any of the provisions of this Local Law shall be: A. Guilty of an offense and, upon conviction, shall be subject to a fine of $350.00; and B. Subject to an application to the Supreme Court of Dutchess County for injunctive relief in favor of the Town of Wappinger to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction which may have taken place in violation of this Local Law; C. Subject to payment of reasonable attorneys' fees incurred by the Town of Wappinger to enforce this Local Law and the penalties set forth in section A and B hereof; and D. Subject to payment of the costs incurred by the Town of Wappinger to enforce this Local Law and the penalties set forth in sections A and B hereof, including, but not limited to, the cost of removal of any tower constructed in violation of this Local Law and the remediation of the surrounding area. 7. Hardship/Exceptions. A. Application to the Town Board. Where an owner of property, or other aggrieved party, affected by this Local Law can show that he would suffer undue hardship from the moratorium, or where public health, safety and welfare requires, then the owner of said property may apply to the Town Board in writing for a variance from strict compliance with this Local Law upon submission of documentary proof to support the claim. For the purposes of this Local Law, the necessity to wait through the 120 -day period to obtain a final decision regarding an application shall not alone constitute undue hardship requiring relief from the provisions of the law. 14 y s'� 112497.RGM B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeding a variance of this Local Law, the Town Board shall, within thirty (30) days of the receipt of said application, schedule a Public Hearing on said application upon five(5) days written notice in the official newspaper of the Town. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall within thirty (30) days of the close of said Public Hearing render its decision either granting or denying the application for a variance from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an undue or unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application of this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. C. Judicial Remedy. Any Party aggrieved by the determination of the Town Board on an application for a variance from the strict compliance with this Local Law may appeal said decision to the Supreme Court, State of New York, Dutchess County, pursuant to Article 78 of the Civil Practice Laws and rules within thirty (30) days of the filing of said decision in the office of the Town Clerk. 8. Exemptions. The following shall be exempt from the provisions of this Local Law: A. The establishment, placement, construction, enlargement or erection of a telecommunications tower or facility which has received all required approvals from the Town of Wappinger Zoning Board of Appeals, the Planning Board, the Architectural Review Board, the Building Inspector and/or the Zoning Enforcement Officer, prior to the effective date of this Local Law. B. Approval, permitting establishment, placement, construction, enlargement or erection of antennae or other transmitting or receiving components on already existing towers or other structures, such as buildings, billboards, water towers, and similar facilities, so long as the added component does not increase the size or height of the structure to which it is attached. When there is a question as to whether a proposed application comes within the terms of this exemption, the Zoning Board shall be authorized to interpret this section, in the same manner as other interpretations of the Zoning Law. All activities exempted from this moratorium must still be 15 112497.RGM authorized and receive all required permits by the Zoning Board, Building Inspector and/or Zoning Enforcement Officer, and any other appropriate agency, under the existing provisions of the Code of the Town of Wappinger. Section 4: Separability. The provisions of the Local Law are separable and if any provision, clause, sentence, subsection, work or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall 1 not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 5: Supersession. Pursuant to Municipal Home Rule Law Section 22, the provisions of this law are intended to supersede any inconsistent provision of State or Local Law, including those of the following sections of New York State Town Law which set forth the procedures for reviewing site plans, subdivisions and variances to wit: Town Law 274-a (8), 274-b (6), 276 (5). 276 (6). 276 (8), 267- a (5), 267-a (5), 267-a (7), 267-a (8); and the provisions of the Town of Wappinger Zoning Law or any other Local Law which are inconsistent therewith. Section 6: Effective Date. This Local Law shall take effect immediately upon adoption and filing as provided by the Municipal Home Rule. ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Ruggiero Abstain Councilman Valdati Aye Councilman Bettina Aye Councilwoman Visconti Absent Motion Carried Recreation received a check from Marshall & Sterling Insurance as a result of an accident on September 26, 1997 involving their 1993 Green Pickup Truck. Mr. Holt, Recreation Chairman requests approval for the following budget amendment in order to pay for repairs, which will be done by Showroom Auto Collision, Inc. 16 112497.RGM Increase Revenue Account 2680A Insurance Recoveries and increase Budget Expenditure Account 7110.4A in the amount of $1,655.59. COUNCILMAN VALDATI moved to approve the Budget Amendment in the amount of $1,655.59 to repair the truck, as requested by Ralph Holt, Chairman of Recreation. Seconded by Mr. Ruggiero Motion Unanimously Carried A request from Ann Buckley, for the following Budget Amendments. A Fund Increase 1910.4A Unallocated Ins. Increase 2665A A Sale of Equipment To pay premium for new truck: Increase 3510.4A Dog Control Decrease 1990.4A Contingent Acct. To pay animal hospital to end of year for services HIGHWAY Increase 3502DB SHIPS $ 100.00 100.00 4,249.50 4,249.50 42,724.78 Increase 5112.41DB SHIPS Imp. 42,724.78 To reflect monies received from New York State Thruway Authority for SHIPS Program. COUNCILMAN RUGGIERO moved to approve the above Budget Amendments as requested by Ann Buckley, Comptroller. Seconded by Mr. Bettina Motion Unanimously Carried A memo from Ann Buckley regarding the Engineer charges to do the study for Fleetwood Water. There are insufficient funds in the Fleetwood Water District to pay these charges. Since this project will be bonded at some point in time, may the district borrow seed monies $25K from B. Fund? This will be paid back when bonding occurs. If this is approved, the entry would be: B Fund 391B $25,000 Fleetwood Water Capital Fund HB HB Fund 630HB $25,000 This entry will set up due to B Fund from HB Fund. COUNCILMAN BETTINA moved to authorize the district to borrow seed monies, $25K, from B Fund, in order to pay the Engineer for work performed on the Fleetwood Water District, as requested by Ann Buckley, Comptroller. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is to consider the Bids for the Castle Point Handicap Accessible Bathroom Facilities. Comptroller, Ann Buckley informed the Board that we 17 'q�.o ��` 112497.RGM have a $30K CD Grant from 1996, and a $20K CD Grant from 1997, $15K has been allocated from Parkland Trust. We have $65K for the project. We need another $8,897 in order to complete this project, the Board must first authorize the transfer of $8,970 from Parkland to Community Development for the project. COUNCILMAN VALDATI moved to authorize the transfer of $8,970 from Parkland Trust to Community Development in order to cover the cost of the project. Seconded by Mr. Ruggiero. Motion Unanimously Carried Next is to award the Bid. Five bids were received and opened on November 24, 1997. As you are aware, this is the second bid for the project. The first bids were rejected in an attempt to generate additional interest in the Project, and possibly lower the bid prices The office of Paggi and Martin has reviewed all Bids and find them to be mathematically correct and in proper format, and recommends that the Contract be awarded to Colonial Builders, Inc., for $73,970.00 they being the lowest bid. COUNCILMAN BETTINA moved to award the bid for the installation of Handicap accessible bathrooms at Castle Point, to Colonial Builders for $73,970.00 as recommended by Engineer to the Town, Jay Paggi, they being the lowest bid. Seconded by Mr. Valdati Motion Unanimously Carried UNFINISHED BUSINESS Additional Correspondence from Arlene Cole of 4 Scott Drive satisfying her thirty day obligation to notify the Town that that there are rats living in the easement trench that runs through Rockingham Farms where it borders her property. She is notifying the Town, if Town workers do anything to disturb the nesting areas of these rats to migrate onto her property, she will hold the Town responsible for this occurrence and will expect the Town to pay for any damages to her property, including any expenses that may occur in the course of eradicating the rats from her property. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN VALDATI on Highway, asked Mr. Foster if anything further has been done on the Wheeler Hill Project. Mr. Foster said, not at this time, but if we have an open winter we may be able to get some work done. Also, has any headway been made with the utilities to move the telephone poles back. Mr. Foster explained that we should not have to move more than two IN 112497.RGM poles, and Central Hudson was supposed to move them, but as of yet nothing has been done. Mr. Valdati requested Mr. Foster to please follow up so when the time comes to improve that area that its already has approval. COUNCILMAN BETTINA has noticed that there is a lot of Well drilling in the Chelsea Area. Residents have called him with their concerns about the quality of water. There have been several incidents of Cancer. He feels it is something that will have to be addressed. His main concern, is, the quantity and quality of water in that area, he would like a workshop to discuss this further. For the Boards information, Jay Paggi, Engineer to the Town said he received a call from the Engineer that works for the Federal Government at Castle Point V. A. Hospital, stating that there is a potential to be excess capacity. He asked the Town from the South, and Town from the North if there was any interest in possibly utilizing some of that excessive capacity. COUNCILMAN RUGGIERO. We had voted on a project for the sewer main on All Angels Hill Road. What is the status? Mr. Roberts, Attorney to the Town said the project has been bogged down at his office on a technical specifications of a proprietary nature. He does have a research memo started. SUPERVISOR SMITH requested Mr. Roberts to put this on a priority list a little higher. COUNCILMAN VALDATI on Wappinger Park Water. About a month ago, Mike Tremper of CAMO Pollution notified the Town the chloride levels in the Wappinger Park wells were at a point where they are nearing or over the maximum levels set by the NYS Health Code. What is the status of the water, and is anything going to be done. SUPERVISOR SMITH explained that Mr. Tremper did talk to the Board of Health and probably he will have to send notices to the residents. Mr. Valdati is requesting, that when the time comes for residents to be notified, we also include the notification of a meeting, to explain the problems. Due to the early onset of winter, the Highway work is finished for the year, but additional funds are needed for parts and repairs of trucks. Graham Foster, Highway Superintendent is requesting a transfer of $10K within Highway from 5110.4 to 5130.4. COUNCILMAN RUGGIERO moved to authorize the above transfer as requested by Mr. Foster. Seconded by Mr. Bettina Motion Unanimously Carried There was no other Business to come before the Board. COUNCILMAN RUGGIERO moved to close the Town Board Meeting, seconded by Mr. Bettina, and Unanimously Carried. 19 112497.RGM The Town Board Meeting closed at 9:05 P.M. Elaine H. Snowden Town Clerk 20 112497.PH �vf A Public Hearing was held by the Town Board of the Town of Wappinger on November 24, 1997 at the Town Hall, 20 Middlebush road, Wappingers Falls, New York on the proposed Local Law entitled "Cell Tower Moratorium." Supervisor Smith opened the Meeting at 7:15 P.M. Present: Constance Smith Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina Councilman (Arrived at 7:16 P.M.) Elaine H. Snowden, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: June Visconti, Councilwoman The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Supervisor Smith announced the reason for the Public Hearing is to discuss the Cell Tower moratorium for 120 days until we can introduce some zoning changes to provide some standards and monitoring of the towers in the Town of Wappinger. We have sent the information to Dutchess County Planning Department. They have sent back their approval. Supervisor Smith asked if there were any questions or comments from the audience. Lloyd Frink of 13 S. Remsen was recognized by the Board, and wished to know the legal definition of a Cell Tower. Attorney to the Town Al Roberts, informed Mr. Frink that there is no legal definition of a Cell Tower, it's any Tower that is going to be used for transmission of telecommunication services. That area is pre-empted by Federal Legislation, except it does permit the Towns to adopt appropriate zoning, and we are attempting to control the proliferation of antennas within the Town. In order to accomplish this, we need to adopt a zoning ordinance accordingly. Mr. Frink informed the Board that there were many amateur Ham radio operators including himself, in the area. He was concerned that this legislation would preempt them from enjoying their hobby and was requesting the Town to work with amateur radio operators. He also wished to point out that the amateur radio operator provided a valuable service to the community. Mr. Roberts notified Mr. Frink, that there is a provision in the proposed moratorium that states, the Local Law is not intended to cover police or fire communications or 1 112497.PH facilities used exclusively for private radio and television reception and private citizens' bands, amateur radio and other similar private residential communications. Hank DiMarco, of 9 Pleasant Lane was also recognized by the Board, and he voiced his opinion if favor of the moratorium. There were no more questions or comments. COUNCILMAN BETTINA moved to close the Public Hearing, seconded by Mr. Ruggiero, and Unanimously Carried. The Meeting closed at 7:22 P.M. Elaine H. Snowden Town Clerk 2 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER M NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW ENTITLED "CELL TOWER MORATORIUM " STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on November 11, 1997, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law entitled "Cell Tower Moratorium", on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me the day of v �. , 1997 I)k N A, k �e NOTARY PUBLIC vi Yr)r1C r C_'onnif 1 Southern Dutchess News 40� 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. JOAN MILLER ,, of the NOTICE OF PUBLIC HEARING """""" TOWN OF WAPPINGER' NOTICE IS HEREBY,'f31VEN the. Town of Wappinger, Dutchess County, New York, Town Board of theTown olWappingdr• will conduct day PUBLIC HEARING a,•'' being duly sworn, says that he is, and at the several 7:15 p.m. at the Town Nall, Town of Wappingers 20 Mlddleloush Road, times hereinafter was, the ..... ...... Wappingers Falls, Newyork; of whit time all veanopk"erea<enaehard' of the SOUTHERN DUTCHESS NEWS .shall have an opportunlgr to be heard'; , a as to whether the Town Board of the Town ofWappinger shall adopt apro newspaper printed and published every Wednesday posed Local Law entitled `Cetl Tower<. Moratorium-daympratori m on Chas in the Town of Wappinger,Dutchess County, New tem- porary 12o -day moratorium on the y approval, establishment, lobation,•., construction. enlargement. and arec•. York, and that the annexed NOTICE was duly tion of wireless telecommunications; tiesIntheTowno, Wapipi gerand In ill published in the said newspaper for one ..weeks ties in the Town of Wappinger in or-, der to allow the Town to undertakes evaluation, consideraua,.public dia• successively in each week, commencing on the cussion, end possible impiementa- tioing of same in timeguiationsshion.elat .... l Z hh day of ... 4............ 19..... and on the Ing to earns In a timely fashion. V e m b e r 9 7 PLEASE TAKE FURTHER NOTICE that copies of the proposed Local following dates thereafter, namely on Law are available for review and in- spection at the office of the Town Clerk on weekdays from 8:30 a.m. to •................................................................ 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappinger Falls, and ending on the 12th Nov New York. day O f ............. . BY ORDER OF THE TOWN BOARD• OF THE TOWKOFWAPPINOER 19.97 both days inclusive. ELAINE SNOWDEN' TOWN CLERK Dated: November 10, 1897 Subscribed and sworn to before me this ..12th day of No em e , ,lg 97 Notary Public My commission expires ................................. RACHEL. WISHART NUARY MOM, STA TF LF NF:L'! YORK QUALIFIE i) R' 0010FS, );r,il;Ty !+ 14-116:,39+2 f;QMMI5SI0N EXPIRES MARCH 3i, 19