1997-10-20 RGMAGENDA
TOWN BOARD
SECOND MONDAY -WORKSHOP - MEETING
OCTOBER 20, 1997 7:30PM
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. PLEDGE TO FLAG
q. WORKSHOP
a. A. Buckley, Comptroller, request for Budget Amendment
b. Set Public Hearing for Assessment Rolls
c: G. Foster, H. Supt., request for repairs to trucks #7 & #17
d. Adopt Civil Rights Policy as per auditors
e. J. Paggi, Phase 3A Funding
f. Judge Gloria Morse, use of building, Saturday,
a. Lehigh Lawns & Landscaping, authorize Supervisor to sign
snowplowing proposal.
Ii. Carlo Picciotti, 39 Moccasin View Road — water main break, Watch
Hill Water ----reimbursement
i. Turnkey Property Mgt. Inc., water bill late charge--_
J. Al Roberts, cell tower moratorium
k. Fleetwood Water
1. Bombardieri Correspondence X
m. Christine Falco Fontana, Rocki*gham drainage
THERE SHALL BE NO OTHER BUSINESS TO COME BEFORE THE
BOARD
o. ADJOURNMENT
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102097.RGM
The Bi -Monthly Meeting of the Town Board of the Town of Wappinger was
held on October 20, 1997 at the Town Hall at 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
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Other Present:
Al Roberts, Attorney to the Town (arrived 7:45 P.M.)
Jay Paggi, Engineer to the Town (arrived 7:45 P.M.)
Absent:
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Graham Foster, Highway Superintendent
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
WORKSHOP
A request for the following Budget Amendments from Ann Buckley,
Comptroller.
Increase 1951.4A Taxes & Assessment on property $2,496.03
Decrease 1990.4A Contingent Account 2,496.03
To pay School Taxes on Dean Property This property was purchased after the
frozen rolls for real Property Tax were in place.
Increase 1440AB Engineer
�.TI�IIIZI�IZIi
Increase 3502B 20,000.00
To reflect pay back for Spookhill, Wheeler Hill, and Widmer Roads.
Increase 1680.4A Data Processing
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Decrease 1990.4A Contingent Account 8,000.00
To expend monies for Plan/Tool Conversion and support and to expend
monies for Northeast Computer for conversion of Plan/Tool and Support.
Increase 3510.1A Dog Warden 3,500.00
Decrease 3510.4A Dog Warden
To account for payroll for dog numerators.
3,500.00
If the Town Board decides to pay county charge backs instead of having the
County levy on taxes, the following Budget Amendments are necessary.
Increase:
1330.4A Tax Collection C.E.
$ 4,038.96
1680.4A Central Data Processing
20,942.64
1355.4A Assessor C.E.
6,748.69
Decrease:
1910.4A Unallocated Insurance
31,730.29
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COUNCILMAN RUGGIERO moved to approve the Budget Amendments as
requested by Ann Buckley, Comptroller memo of October 3, 1997 and memo
of October 17, 1997.
Seconded by Mr. Valdati
Motion Unanimously Carried
The next item for the Boards consideration is to set a Public Hearing for the
Water/Sewer Improvement Area Benefit Assessment Rolls. Supervisor Smith
informed the Board that she would like to set the Public Hearings on October
27, 1997 beginning at 7:15 P.M. one minute apart.
COUNCILMAN RUGGIERO moved to set Public Hearings on the Benefit
Assessment Rolls for Water & Sewer Districts and Improvement Areas on
October 27, 1997, beginning at 7:15 P.M. and continuing at one minute
intervals until completed for: Ardmore Water Improvement, Fleetwood Water
District, Central Wappinger Water Improvement Area, Cranberry Water
Improvement Area, Myers Corners II Water District, North Wappinger
Water District, Oakwood Knolls Water District, Tall Trees Water
Improvement Area, Wappinger Cranberry Water Improvement Area,
Wappinger Park Water District, Fleetwood Sewer District, Mid -Point Sewer
District, Rockingham Farms Sewer District, Wappinger Sewer Improvement
Area #1, Wildwood Sewer District, Wappinger Sewer Transmission
Treatment Improvement Area #1, Wappinger Sewer Transmission Treatment
Improvement Area #2.
Seconded by Mr. Bettina
Motion Unanimously Carried
A request from Graham Foster, Highway Superintendent to have Trucks #7
and #17 repaired due to damage incurred during the April 18t snowstorm. The
estimate for Truck #7 is $448.31 and the estimate for Truck #17 is $392.54.
COUNCILMAN BETTINA moved to approve the repairs for Truck #7 for
$448.31 and Truck #17 for $392.54, as requested by Mr. Foster, Highway
Superintendent.
Seconded by Mr. Valdati
Motion Unanimously Carried
The auditors have found that the Town of Wappinger has not adopted a
formal civil rights policy, and as a recipient of federal funds, the Town is
required to have a policy regarding civil rights and non-discrimination.
COUNCILMAN RUGGIERO moved to refer the Civil Rights Policy to
Attorney to the Town Al Roberts to review first for his opinion and comments
before adopting.
Seconded by Mr. Bettina
Motion Unanimously Carried
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The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption.
A Resolution authorizing the items listed below pursuant to the Clean
Water/Clean Air Bond Act of 1996.
WHEREAS, the Town of Wappinger herein called the "Municipality", after
thorough consideration of the various aspects of the problem and study of
available data, has hereby determined that certain work, as described in its
application and attachments, herein called the "Project", is desirable, is in
the public interest, and is required in order to implement the Project; and
WHEREAS, Article 56 of the Environmental Conservation Law authorizes
State assistance to municipalities for environmental restoration projects by
means of a contract and the Municipality deems it to be in the public interest
and benefit under this law to enter into a contract therewith;
NOW THEREFORE, BE IT RESOLVED BY the Town Board
1. That Constance O. Smith, is the representative authorized to act in behalf
of the Municipality's governing body in all matters related to State
assistance under ECL Article 56, Title 3. The representative is also
authorized to make application, execute the State Assistance Contract,
submit Project documentation, and otherwise act for the Municipality's
governing body in all matters related to the Project and to State
assistance;
2. That the Municipality agrees that it will fund its portion of the cost of the
Project when and if a district or improvement area is approved, and all
grants and loans have been secured.
3. That one (1) certified copy of this Resolution be prepared and sent to the
Albany office of the New York State Department of Environmental
Conversation together with the Application for State Assistance Payments;
4. That this Resolution take effect immediately.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is a request from Judge Gloria Morse for the use of the Main Meeting
Room for Saturday, November 1, 1997 from 8:00 A.M. until 5:00 P.M. to be
used for the New York State Continuing Judicial Education Committee for
Dutchess County.
COUNCILMAN BETTINA moved to approve the request of Judge Morse for
the use of the Main Meeting Room for Saturday, November 1, 1997 from 8:00
A.M. until 5:00 P.M.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
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The maintenance agreement for the Emergency Services Building was
received from Lehigh Lawns & Landscaping for the 1997/98 Snowplowing
Season.
COUNCILMAN VALDATI moved to approve the maintenance agreement
from Lehigh Lawns & Landscaping for the 1997/97 Snowplowing Season, and
authorize the Supervisor to sign.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence from Carlo Picciotti, 39 Moccasin View Road requesting
reimbursement of $129.75 for damages sustained to his water softner due to
a water main break. At this time Mike Tremper of CAMO Pollution
addressed the Board and explained that 80 homes were affected, and he
believed Mr. Picciotti may have had prior problems with his softner before
the water main break. In the past, the Town of Wappinger has never
reimbursed homes.
COUNCILMAN VALDATI moved to deny request to reimburse Mr. Picciotti
for damages, and refer claim to the Town's insurance carrier.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
As directed at last months Town Board Meeting, Attorney to the Town Al
Roberts was authorized to investigate the topic of cell towers and how they
should be addressed in our zoning law. On September 23, 1997, Mr. Roberts
and Toni Luci, together with Connie Smith and various members of the
Planning Board and Zoning Board of Appeals, attended the Planning
Federation's Cellular Tower Workshop, held at the Farm and Home Center
on Route 44 in Millbrook. In addition to attending the Workshop, he has
undertaken initial research into the topic, and through the courtesy of Dan
Wery, was provided with a legal research document prepared for the Town of
Pound Ridge by the Government Research Center of Albany Law School
(dated August 19, 1997), together with copies of local laws adopted by
communities in Westchester County. Mr. Roberts recommends the following
course of action for the Town:
1. Immediately adopt a moratorium on the placement and construction of
cell towers for a period of 120 days.
2. Immediately hire the services of a telecommunications engineering
consultant (it is very clear from all the information he has read, and from
the comments at the workshop, that the hiring of a consultant is an
absolute necessity); and
3. Adopt a comprehensive Zoning Amendment, consistent with the Federal
Communications Act of 1996.
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COUNCILMAN VALDATI moved to authorize Mr. Roberts to draft a
moratorium and solicit proposals from professionals to assist in preparing
guidelines for any ordinance the Town wishes to adopt.
Seconded by Mr. Bettina
Roll Call Vote Vote
Supervisor Smith Aye
Councilman Ruggiero Abstain
Councilman Valdati
Councilman Bettina
Aye
Aye
Motion Carried
Jay Paggi, Engineer to the Town presented a Draft Map, Plan and Report for
the proposed Fishkill/Fleetwood Water Connection.
COUNCILMAN BETTINA moved to accept the Draft Map, Plan and Report
for the proposed FishkilUFleetwood Water Connection, and authorize
Attorney to the Town, Al Roberts, and Engineer to the Town Jay Paggi to
moved forward with the necessary work, and contact Bond Council.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence from Graham Foster regarding a letter from Robert
Bombardieri , president of Bombardieri Homes. There was no action to be
taken at this time.
Correspondence from Christine Falco -Fontana in regard to the excessive
speed of cars on Balfour Drive. She is requesting the Town to take some sort
of action in the form of a warning sign that indicates small children are
playing in the area.
COUNCILMAN RUGGIERO moved to table at this time.
Seconded by Mr. Bettina.
Motion Unanimously Carried
The following Resolution was moved by COUNCILMAN VALDATI and
seconded by COUNCILMAN BETTINA.
WHEREAS, the Town of Wappinger endorses and supports the Wappinger
Greenway Trail; and
WHEREAS, by Resolution dated September 29, 1997, the Town Board of
the Town of Wappinger authorized the Supervisor, Constance O. Smith, to
file an application for funds from the Hudson Valley Greenway to be used for
certain improvements to be made to Reese Park, located in the Town of
Wappinger in connection with the "Wappinger Greenway Trail"; and
WHEREAS, the Town Board has been advised that there may be further
funds available from the New York State office of Parks, Recreation and
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Historic Preservation which also may be used in connection with the
aforementioned improvements to be made at Reese Park; and
WHEREAS, the Town has agreed to undertake certain work in Reese Park
in connection with improvements to the "Wappinger Greenway Trail", a
portion of which is located through Reese Park, more particularly described
in project narrative attached hereto as Exhibit "1":
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That Constance O. Smith, Supervisor of the Town of Wappinger, is
hereby authorized and directed to file an application for funds from the
New York State Office of Parks, Recreation and Historic Preservation
in accordance with the provisions of Title 9 of the Environmental
Protection Act of 1993 and/or Title 3 of the Clean Water/Clean Air
Bond Act, in an amount not to exceed Three Thousand ($3,000.00)
Dollars, and upon approval of said request to enter into and execute a
project Agreement with the State of New York for such financial
assistance to the Town of Wappinger for the Reese Park Greenway
Project.
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, Councilperson voting Aye
JUNE VISCONTI, Councilperson voting Absent
JOSEPH RUGGIERO, Councilperson voting Aye
VINCENT BETTINA, Councilperson voting Aye
The Resolution is hereby duly declared adopted.
At this time, 8:50 P.M. COUNCILMAN BETTINA moved to go into Executive
Session to discuss possible litigation, seconded by Mr. Ruggiero.
Motion Unanimously Carried
The Meeting reconvened at 9:10 P.M. with all Board Members present.
There was no action to be taken at the Executive Session.
COUNCILMAN BETTINA moved to close the Town Board Meeting,
Seconded by Mr. Ruggiero, and Unanimously Carried.
The Town Board Meeting closed at 9:10 P.M.
By Florence Hannon
Elaine H. Snowden
Town Clerk
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