Loading...
1995-06-26 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JUNE 26, 1995 ------------------------ 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES May 22, 1995 Reg. 4. REPORTS OF OFFICERS: Sup/Compt. Town Justices Rec. of Taxes Bldg. Insp. Zng. Adm. Dog Control Officer 5. PETITIONS & COMMUNICATIONS - a. Mrs. Fran Ilardi, Widmer Rd., re Storm Sewer not working b. GAil Beverly, Diddell Rd., re: Driveway problems c. P. Cassillo,Comm. D. Co. Public Works, torr. re: Diddell RR Bridge d. John Davis, re: Certification of Compliance of Cable Company e. A. Roberts, Attny to Twn., re: Tall Trees Water Site/Dr. Mahmoud Kablaoui f. Notification of intent to apply for Liquor License by Donald Reyes DBA Fox & Hound Inn (old 'Clever Hen") g. Camo Pollution Memorandums: (1) Schlinker Res. on Brian Place (2)Sewer Lateral @ 28 Pippin Ln. (3) Water. Conservation-Fltwd/Tall h. R. Holt, Rec. Ch. memo requesting approval of 2 days Comp Time i. Request from Ping. Bd. Sect'y for refund of $5.00 overpayment to K. Lawrence. j. H. Redl requests refund (and format for return)of Site Plan Fee k. Requests for return of Escrow Funds from: (1) Cady Lane Homes, Lot #25, Wyndham Crossing, $2,000; (2) Jas. Gidding, Pool wiring, Amherst Ln., $800; (3) R. Monte, Myers CornersRd.,Landscapping $2,000; (4) M. Levine, Lot #8, Woodland Ct. $3,500; (5) Sharon Homes, Lot #19, Nicole Farms, $3,000 and Lot 425 Nicole Farms,$3,0( 1. Request to discuss seeking Super Majority vote for adopting Twn. Bt m. Mark Lieberman Report - R. Rosenburg-Chelsea Ridge Stop Order n. J. Paggi, Eng. to Twn. re: Wapp. Sewer Trans/Treatment IA Phase I Contract I - 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT A. Zng. Adm. Report B. Letter of Credit - Hunt Subdivision, Sect. II (Lee Knolls) 8. RESOLUTIONS a. Consider adoption of Local Law on Signs C. Consider bids for Airport Drive Soccer Improvements d. Request for transfer of funds from A. Buckley, Compt. for: payment of Computor equipment for Bldg/Zng. depts. e. Request for Transfer of funds from R. Holt, Rec. Ch. for Add'l Counselors for summer program f. Approve License Renewal for Plan/Tool Inc., and Authorize Supervis to sign S. Appointment of Zoning Administrator h. Fill vacancy on Planning Board i. Accept Performance Bond for Town Highway Garage Contract .1. Request Resolution for Referendum on "TERM" limits k. Introduce Comprehensive Zoning Ordinance Local Law and set date for Public Hearing 1. Accept POP WARNER agreement, and authorize Supervisor to Sign m. Authorize Supervisor to Sign Amendment to Cablevision Contract 9. UNFINISHED BUSINESS (From May Meeting) Request for Resolution Re: Tax Incentive to stimulal economic Development 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARING ON LOCAL LAW ON SIGNS AT 7:20 P.M. tri 0 dg( ie 950626.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on June 26, 1995 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith Called the Meeting to order at 7:00 P.M. Present: L Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati'Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. MINUTES The Minutes of the Regular Meeting of May 22, 1995 having previously been forwarded to the Board Members, were placed before them for their consideration. SUPERVISOR SMITH stated there was a duplication of paragraphs on page 2 of the Minutes that needed to be deleted. COUNCILWOMAN VISCONTI moved that the above stated Minutes as submitted by the Town Clerk be and they are hereby approved- as corrected. Seconded by Mr. Incoronato Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of May were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Building Inspector, Zoning Administrator, Dog Control Officer. At this time COUNCILWOMAN VISCONTI informed the Board that Ann Marie Buck just completed an Animal Control Course and received a certificate of completion. Page 1 950626.RGM COUNCILMAN INCORONATO on the Zoning Administrators Reports noted that one case has been pending since September of 1993, and two vacant houses that have been neglected, should be considered a health hazard. Mrs. Smith explained that on the pending case, the gentlemen is elderly, and he will be coming in for a building permit. On the vacant houses, Mr. Roberts, Attorney to the Town explained, that a public hazard has not been established. There is a procedure to follow before a house *40 can be declared a public health hazard. COUNCILWOMAN VISCONTI moved to accept the above stated Reports and place them on file. Seconded by Mr. Ruggiero Motion Unanimously Carried PETITIONS & COMMUNICATIONS The first item on the Agenda is correspondence from Mrs. Fran Ilardi, Widmer Road in regards to the ongoing problem with the Storm sewer in front of her home. COUNCILWOMAN VISCONTI moved to authorize the Supervisor send a letter to Mrs. Ilardi informing her that the Highway Department will monitor the catch basin and seed it one more time. Seconded by Mr. Incoronato Motion Unanimously Carried Next is correspondence from Gail Beverly, of 80 Diddell Road in regard to a problem she is experiencing due to a neighbors obstruction of her driveway. She explained that the neighbor had pounded a section of PVC pipe into the ground next to the existing survey property marker in her driveway and put a barrier consisting of concrete blocks from the marker on a northwest diagonal to the street. She further explains, that the neighbor has also lined the Town's property next to the paved road with a series of large rocks and concrete blocks approximately 4 feet apart. Page 2 950626.RGM COUNCILMAN INCORONATO moved to authorize attorney to the Town send a letter on behalf of the Town, to ALL parties requesting to remove all barriers and obstructions from right of way to the Town. Seconded by Mrs. Visconti Motion Unanimously Carried At this time Supervisor Smith recognized Mrs. Beverly from the audience. Mrs. Beverly asked if she would also have to remove the metal survey stakes on the side of her Driveway. Mrs. Smith felt that issue was private matter between her and her neighbor. Mrs. Beverly explained that many of the residents have put up metal obstructions to protect their mailboxes from vandals. Did that have to be removed and was told ALL obstructions that are on the Town right-of-way would have to be removed. Mrs. Smith said she would send the Highway Superintendent to investigate the area and if the metal obstructions protecting mailboxes are on Town right of way property, they would all have to be removed. Mrs. Beverly felt the Town Board was being biased. Mrs. Smith felt that remark was totally out of order and informed Mrs. Beverly that she would be receiving a letter from the Attorney. Mr. Paul L. Cassillo, Commissioner, Dutchess County of Public Works, in receipt of a letter with several signatures in regard to the railroad bridge crossing at Diddell Road and the poor sight distance problem of its approaches. In his response to the concerned residents, Mr. Cassillo informed them that the Town of Wappinger had applied and received funds from the New York State SHIPS program for the removal of the structure and related work. At the final review phase of the SHIPS projects, New York State disallowed this project to be included in the SHIPS program and funds were diverted to other projects also submitted by the Town of Wappinger. Mrs. Visconti indicated Page 3 Es16Y9Z:14--w1wo that the Town is aware of the problem and as soon as time presents itself and they can make improvements they will do so. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Next a letter from John Davis regarding certification of Compliance of U. S. Cablevision Corporation. COUNCILWOMAN VISCONTI moved to accept the letter of Certification of Compliance from John Davis and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Al Roberts, Attorney to the Town in regard to Tall Trees Water Site/Dr. Mahmoud Kablaoui. After Further review of the matter with Jay Paggi, Mr. Roberts informed the Board that this matter is not a simple surveying error. The Town will be required to actually convey a portion of its land to Dr. Kablaoui. Under New York State Constitution and Town Law, the Town will not be able to transfer this property without receiving fair value. This generally requires an appraisal to determine the value of the land to be conveyed and the conveyance must be approved pursuant to a Resolution subject to permissive referendum COUNCILMAN INCORONATO moved to direct Supervisor Smith meet with Dr. Kablaoui, Mr. Roberts, and Mr. Paggi to further discuss land to be conveyed. Seconded by Mrs. Visconti Motion Unanimously Carried Notification of intent to apply for a Liquor License was received from Donald Reyes d/b/a Fox and Hound Inn, (old Clever Hen), 114 Old Post Road. Page 4 950626.RGM COUNCILMAN VALDATI moved to accept the notice of intent to apply for a liquor licence from Donald Reyes d/b/a Fox and Hound Inn, and place it on file without comment. Seconded by Mrs. Visconti Motion Unanimously Carried Several Memorandums were received from Camo Pollution. The First memorandum was in regard to the Water problem at the Schlinker residence 6 Brian Place. The second memorandum was the Sewer Lateral Backup at 28 Pippin Lane, and the third memorandum was in regard to a water conservation letter that was drafted to send to residents in the Fleetwood and Tall Trees Water District in view of a future water shortage of these areas. COUNCILWOMAN VISCONTI moved to accept the memorandums from Camo Pollution and place them on file. Seconded by Mr. Ruggiero Motion Unanimously Carried A memorandum was also received from Ralph Holt, Recreation Chairman requesting Comp time for Peggy Roe. Mrs. Roe has worked 16 hours of extra time in order to register the Town's children for the Summer Playground and also for Orientation of the Summer Staff. He is therefore requesting that she be entitled to two Comp Days to be taken at a later date when the summer programs are over. There was a brief discussion in regard to the Town's Comp time versus Overtime and it was decided to review this issue further at a workshop. COUNCILMAN INCORONATO moved to authorize the two Comp days for Mrs. Roe as requested by Mr. Holt. Seconded by Mr. Valdati Motion Unanimously Carried Next is a request from the Secretary of the Planning Board for a $5.00 refund to Mrs. Kim Lawrence for an overpayment on a list of abutting property owners. COUNCILMAN VISCONTI moved to approve the return of the $5.00 Page 5 950626.RGM overpayment to Mrs. Kim Lawrence based on the recommendation of the Secretary to the Planning Board. Seconded by Mr. Valdati Motion Unanimously Carried A request for a refund in the amount of $4,635.00 from Herb Redl for his site plan for a sketch review of a proposed building on the land adjacent to Guardian Self -Storage. Two checks were issued, one for $15,575.00, and an additional one for $4,635.00. The economy drastically changed. He contacted the Zoning Administrator for the return of the two checks. The Town reimbursed him for the $15,365.00 less some fees for one appearance which were deducted. However, the $4,635.00 was never returned. COUNCILWOMAN VISCONTI moved to approve the request for the return of $4,635.00 to Herb Redl, based on the recommendation of the Zoning Administrator, minus any fees owed the Town for work done on projects before it was closed. Seconded by Mr. Valdati Motion Unanimously Carried Requests for the return of Escrow Funds were received for the following: (1) Cady Lane Homes Lot #25, Wyndham Crossing, $2,000.00; (2) James & Dorine Giddings for Pool Wiring at 10 Amherst Lane, $800.00; (3) Robert & Antoinette Monte, Landscaping for 263-B Myers Corners Road, $2,000.00; (4) Michael Levine Lot #8 Woodland Court for Seeding & Grading, $3,500.00; (5) Sharon Homes, Lot #19 Nicole Farms, for Landscaping, $3,000.00 and Lot #25 Nicole Farms, for Landscaping for $3,000.00. COUNCILWOMAN VISCONTI move to approve the request for the return of Escrow Funds for the above so stated, based on the recommendation of the Building Inspector, Don Keller Seconded by Mr. Incoronato Page 6 FJ D 950626.RGM Motion Unanimously Carried Next is a request from Councilman Incoronato to discuss seeking a Super Majority vote for adopting the Town Budget. Mr. Incoronato would like any future tax increases to require at least a Super majority for passage. Where four out of five Lo Board members would be needed for approval. This resolution would take effect with the 1996 and subsequent Annual Budgets. SUPERVISOR SMITH explained that the State Finance Laws clearly defines the procedure for the adopting the Town Budget. She proceeded to explain the procedure. AL ROBERTS, attorney to the Town agreed, that the State finance law clearly defines that this is not permitted. The following memo was submitted by MARK LIEBERMANN on the R. Rosenberg Chelsea Ridge - OTR/ Stop Work Order: On June 1, 1995 I observed that Chelsea Ridge was doing extensive grading and filling in the area where the old tennis courts were located. Contrary to what Mr. Rosenberg states in his reply, I +' could only fine one sitep lan dated 1965 which showed no tennis courts. In speaking to Herb Levenson prior to his leaving he stated that there were no tennis courts approved. In finding the PB resolution dated 8/25/78, it states: tennis courts to be completed by 9/1/79. Giving Mr. Rosenberg the benefit of the doubt that he did receive Planning Board approval for the tennis courts he is replacing them, and inspection by myself and Don Keller shows that the fill added has raised the ground a good 8 to 9 feet from where it was. The sign he has posted state 2 new regulation tennis courts coming in addition to basketball, which on the OTR was stated as baseball, which was a mistake on my part. Since the last part of Mr. Rosenberg's letter i threatens legal action against the Town, which is usual for this person to do, please advise on how I should proceed with this matter. Page 7 950626.RGM MR. ROBERTS, Attorney to the Town stated that since an original site plan was approved, no grading permit was required. However since the Basketball Court is a new addition that it would be appropriate for the applicant to notify the Planning Board. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. JZ Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Jay Paggi, Engineer to the Town regarding the Wappinger Sewer Transmission/Treatment Improvement Area Phase I Contract 1. Mr. Paggi reported that he received a call from Judy Allen, who is a homeowner along Route 9D, adjacent to the sanitary sewer easement for the above town district. The easement as it traverses through the Reese property, adjacent to Mrs. Allen, has become any attractive nuisance to vehicular traffic of all types. The traffic is obviously irritating to the adjacent property owners, and Mrs. Allen has asked if there is some type of obstruction that can be placed across the easement to deter it. During the construction of the sewer pipe, this subject was discussed with a foreman of Mrs. Reese's and it was decided to place piles of dirt along Route 9D to form a berm to try to deter access to this easement. That has been done. Apparently, this is not effective to dirt bike type traffic. Mrs. Allen suggested some type of fence with a gate to be placed across it. Obviously, access is needed to maintain the sewer line at a future date. Therefore, some type of movable gate will be required. If the Board feels a gate would be appropriate he will do so. Mr. Paggi intends to round out the hump and plant grass seed. SUPERVISOR SMITH felt that a gate would not be appropriate, it sets a precedence. COUNCILMAN VALDATI moved to accept the correspondence and place on file. Seconded by Mr. Incoronato Page 8 Motion Unanimously Carried The following letter of thanks was received by the Town Board. Dear Town Board, I would like to take this opportunity to convey my sincere thanks for my appointment to fill the vacating legislative seat L of the retiring Gordon Hirt. I feel honored and lucky to be able to serve my community in the County Legislature, I know that my background in the private business sector as a Controller will be valuable in dealing with many of the issues, and helping to bring businesses into Dutchess County. In the months to come, I intend to work hard in the County Legislature and help make a difference to our community. Thank you once again. Sincerely, Richard M. Lecker COUNCILWOMAN VISCONTI moved to accept the letter of thanks and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried At this time SUPERVISOR SMITH introduced Mr. Lecker from the audience. COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time but relayed that he received a phone call from one of the Senior Citizens on the condition of the floors in the Senior Citizen Center. SUPERVISOR SMITH informed Mr. Ruggiero that the floors are mopped every other day. Perhaps the Seniors could be more careful about cleaning up after themselves when they spill coffee or other beverages. COUNCILMAN VALDATI questioned Mr. Foster on the Street signs that we requested be posted at the intersection of Old Hopewell Page 9 950626.RGM Road and Route 9. Mr. Foster announced they were up. Also, driving down to New Hamburg Mr. Valdati noticed a defaced speed sign. Mr. Foster explained that in the process of recyling the sign, the different MPH does show through and they are aware of this. Another issue Mr. Valdati presented to Mr. Foster was the traffic light on East Main Street and Route 9D, going in a westerly direction to the Village. There is no arrow to make a left turn on 9D and it presents a very dangerous situation. Is there anything that could be done. Mr. Foster suggested we contact the Village and inform them that we notice a problem at that intersection, if they were interested in pursuing this, we would support them. COUNCILWOMAN VISCONTI moved to authorize the Supervisor send a letter to the Village of Wappingers Falls Village Board, stating that we are aware of this situation, if they wish to pursue it, they have our full cooperation. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN INCORONATO had no reports at this time. COUNCILWOMAN VISCONTI had no reports at this time. SUPERVISOR SMITH had no reports at this time. BONDS & LETTERS OF CREDIT The acting Zoning Administrator submitted his report for the month of May on the schedule of Bonds and Letters of Credit on the various subdivisions, the amounts, expirations dates and call up dates. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Also submitted was a copy of a letter of Credit forwarded to the Hunt Subdivision Section II A/K/A Lee Knolls Subdivision and Page 10 950626.RGM O'Donnell Development Corporation with notification that the letter of Credit No. 326 in the amount of $191,137.00 is due to expire on May 22, 1996. COUNCILWOMAN VISCONTI move to accept the letter of credit No. 326 for the Hunt Subdivision Section II A/K/A Lee Knolls and O'Donnell Development Corporation and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried A Public Hearing having been held on June 26, 1995 on a proposed Local Law for STOP Signs for Wildwood Drive at its intersection with Wendy Road, and a STOP sign for Wildwood Drive at its intersection with Russ Place, the matter of its adoption was now placed before the Board for their consideration. COUNCILMAN RUGGIERO moved to adopt Local Law # of 1995 as follows: LOCAL LAW #4 OF THE YEAR, 1995 A LOCAL LAW REGULATING TRAFFIC AND PARKING IN THE TOWN OF WAPPINGER Section 1. ADDITIONAL FULL STOP STREETS Section 3 of Local Law #6 of the Year 1991, a "Local Law Regulating Traffic and Parking within the Town of Wappinger" as previously amended, is further amended by adoption of the following additions, revisions and amendments to said Section adding the following as designated full stop streets and intersections: Wildwood Drive at its intersection with Wendy Road; and Wildwood Drive at its intersection with Russ Place. Section 2. RATIFICATION. Local Law #6 of the Year 1991,"A Local law regulating Traffic and Parking Within the Town of Wappinger", was previously amended by the following Local Laws: 5 Local Law #11 of the Year 1991, Local Law #12 of the Year 1991, Local Law #7 of the Year 1992, Local Law #4 of the year 1993, Local Law #7 of the Year 1993, Local Law #8 of the year 1994 and Page 11 950626.RGM Local Law of the Year 1995, all of which are hereby ratified, confirmed and readopted. Section 3. SEVERABILTY. In the event any portion of this Local Law is declared to be unenforceable by a Court of competent jurisdiction, all of the remaining portion shall continue in full force and effect, Section 4. EFFECTIVE DATE. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Seconded by Mr. Valdati Motion Unanimously Carried Next is to consider the Bids for the Airport Drive Soccer Fields Phase 1. Nine (9) Bids were received and opened on June 19, 1995. The Bid results ranged from a low of $140,000.00 to a high of $200,000.00. According to Mr. Paggi, Engineer to the Town the lowest Bidder is approximately $30,000.00 over the pre-bid construction estimate. This overage is due to several factors, including the inclusion of a performance specification on the final seed (60 days worth of watering/mowing/maintenance, etc.), specifying screened topsoil instead of native topsoil, and inclusion of walkways to facilitate a viewing of the soccer games. It is the recommendation of the Engineer to reject any and all Bids as per Sections NTB-2;, ITB -3 and consider the construction to the entire access and parking area to allow the Soccer Club to utilize the fields AS IS for the fall 1995 Season. In order to have the parking areas ready for the fall season, work would need to be started immediately. Mr. Paggi recommends that the board authorize him to go to bid right now, solely for the access and parking areas. COUNCILMAN RUGGIERO moved to reject any and all Bids for the Airport Drive Soccer Fields Phase I. Seconded by Mr. Valdati Page 12 950626.RGM Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Engineer to the Town to go to rebid for the Airport Drive Soccer Fields Phase I Parking Facilities and Access Road, only. Seconded by Mrs. Visconti Motion Unanimously Carried Due to an emergency situation, A request was received from Ann Buckley, Comptroller for a transfer of funds from 1680.4A budgeted line item Data Entry to 1680.2A to purchase computer equipment for the building/zoning programs, due to the breakdown of the file server, (which could not be repaired). It was necessary to replace the faulty equipment as soon as possible to support the building/zoning/planning area. Three Bids were submitted, the lowest being from PC Warehouse, (which could deliver immediately) for $1,499.00. It was also necessary to upgrade the PC's in the area so that everything was compatible. The cost to bring everything back on line was $3,700.00. The total breakdown from PC Warehouse is as follows: $1,499.00 PC WAREHOUSE 3.700.00 PLAN/TOOL $5,199.00 TOTAL COUNCILWOMAN VISCONTI moved to authorize the Comptroller, Ann Buckley to transfer $5,199.00 from 1680.4A budgeted line item Data Entry, to 1680.2A for these expenditures. Seconded by Mr. Valdati Motion Unanimously Carried Next is a request from Ralph Holt, Chairman of Recreation, for the transfer of funds in the amount of $3,000.00 from B-7310.40 Contractual Expenses, to B-7310.10 Personal Services, to cover the hiring of additional counselors mandated by the Board of Health camper/counselor ratios. COUNCILWOMAN VISCONTI moved to authorize the request from Mr. Holt for the transfer of funds in the amount of $3,000.00 from Page 13 950626.RGM B-7310.40 Contractual Expenses to B-7310.10 Personal Services for the hiring of additional counselors mandated by the Board of Health camper/counselor ratios. Seconded by Mr. Incoronato Motion Unanimously Carried Boards consideration is to The next item for the B approve the Plan/Tool Plus License renewal for the period 3/23/95 through 3/22/96 at a cost of $1,100.00 and authorize the Supervisor to sign. COUNCILWOMAN VISCONTI moved to approve the Plan/Tool License renewal for the period 3/23/95 through 3/22/96 at a cost of $1,100.00 and authorize the Supervisor to sign. Seconded by Mr. Ruggiero Motion Unanimously Carried The Civil Service position of Zoning Administrator, having been vacated by reason of the resignation of Herbert Levenson, was placed before the Board. COUNCILWOMAN VISCONTI offered the following Resolution and moved its adoption. RESOLVED, that Donald Close be and he hereby is appointed, provisionally, to the Civil Service Position of Zoning Administrator for the Town of Wappinger, and, BE IT FURTHER RESOLVED, that the annual salary for this classified Civil Service position in the Town be and the same hereby is fixed and established at the following annual rate of $32,000.00, pro -rated, to be paid every Friday throughout the year. Also to be included, a waiver of Health Benefits. Seconded by Mr. Incoronato Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Robert G. Walker be and he hereby is Page 14 950626.RGM appointed to fill the vacancy on the Town Planning Board of the Town of Wappinger which has occurred by reason of the resignation of Donald Close, and IT IS FURTHER RESOLVED, that the said Robert G. Walker be and he hereby is appointed to fill such vacancy for the remainder of the term which shall expire on January 7, 1997. Seconded by Mr. Incoronato Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted Next is to accept the Performance Bond for the Town of Wappinger Highway Garage Construction of the Water Main. Correspondence received from Attorney to the Town Al Roberts found the Performance Bond No. 935669, issued by International Fidelity Insurance Company in the amount of $45,118.00 in proper form and duly executed by Tusker Construction Corporation. COUNCILWOMAN VISCONTI moved to accept the Performance Bond for the Highway Construction of the Water Main, for $45,118.00 from International Fidelity Insurance Company, based on the recommendation of Attorney to the Town Al Roberts. Seconded by Mr. Incoronato Motion Unanimously Carried Next is a request from COUNCILMAN INCORONATO for a resolution for a Referendum on "TERM" limits This Resolution would place a term limit of 12 years for Town Board Members, effective January 1, 1996, however, amending this statement, he included all elected officials. There was some discussion and Mr. Roberts, Attorney to the Town informed Mr. Incoronato that there is no authority for a referendum on "TERM" limits. Advisory referendums are clearly frowned upon, if not outright illegal. It must be introduced as a local law. Page 15 950626.RGM COUNCILMAN INCORONATO moved to authorize Attorney to the Town prepare a Local Law for a referendum on "TERM" limits for Town Board Members and all Elected Officials effective January 1, 1996. Seconded by Mr. Ruggiero ROLL CALL VOTE Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Incoronato Councilwoman Visconti VOTE Nay Aye Nay Aye Nay Motion Defeated The introduction of the Comprehensive Zoning Ordinance Local Law and to set a Public Hearing was now placed before the Board. AMENDMENT OF THE TOWN OF WAPPINGER ZONING LAW INTRODUCTION OF LOCAL LAW NO # OF 1995 The following resolution was moved by SUPERVISOR SMITH and seconded by Councilwoman Visconti. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town of Wappinger Zoning Law Requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions and other amendments as part of a comprehensive updating of the Town's Zoning Law; and WHEREAS, the primary purpose of the comprehensive zoning revisions is to update and modernize the entire Zoning Law in accordance with currently accepted planning standards and procedures, recent enabling legislation, and new case law; and WHEREAS, the revisions will also correct the many inconsistencies and internal discrepancies which have developed over the years as a result of many independent and uncoordinated zoning amendments; and WHEREAS, the Town Board currently has before it for consideration proposed comprehensive revisions to the Zoning Law; and WHEREAS, earlier versions of the proposed revisions have been referred to the Town of Wappinger Planning Board pursuant to section 602 of the Zoning Law of the Town of Wappinger; and WHEREAS, the Town Board determined that the Proposed Action (i.e., the adoption of revisions to the Town's Comprehensive Plan and Zoning Law) is a Type I action Pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. Page 16 F11 F� F� 950626.RGM 6 of 1992 (The Town's environmental quality review law); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for this action. NOW THEREFORE BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 1995 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance Pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed Comprehensive Plan and Zoning Law amendments. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 1995 for 6:00 PM on the 24th day of July, 1995 and the Town Clerk is hereby directed to publish thereof in the Towns official newspapers not less that ten (10) days prior to said public hearing date. 4. The Town Board hereby direct the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Planning Department for advisory review in accordance with Section 239 of the General Municipal Law; and c. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 602 of the Zoning Law prior to said public hearing. The question of the adoption of the foregoing resolution was duly put to a roll call vote which resulted as follows: The question of adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Valdati Aye Councilman Ruggiero Aye Councilman Incoronato Nay Page 17 950626.RGM Councilwoman Visconti Aye The resolution is hereby duly declared adopted The following resolution was moved by SUPERVISOR SMITH and seconded by Councilwoman Visconti. WHEREAS, the Conservation Office Park (COP) land use designation was created at a time when Southern Dutchess County was developing in a relatively strong manner, and at a time when it appeared to be important to create and implement a land use designation which would provide for campus office development at a relatively low density in order to preserve a certain amount of open space; and WHEREAS, the permitted density in the COP zoning district is the lowest of all of the non-residential zoning districts in the Town; specifically, the COP District permits the least amount of building coverage (a maximum of 15%) of all the non-residential districts and the COP and Conservation Commercial (CC) Districts permit the lowest floor area ratio (a Maximum of 0.2) compared to the other non-residential zoning districts; and WHEREAS, the strong development of the 1980s has not continued in the 1990s; further, the economy in southern Dutchess County has been hurt by the downsizing of corporations such as IBM; and WHEREAS, the COP land use designation is therefore a remnant of a bygone era and should be replaced with a designation and zoning which is appropriate for the times; and WHEREAS, the Town Board has determined that the Town of Wappinger Comprehensive Plan requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of - recommended revisions to the Town's Comprehensive Plan; and WHEREAS, the Town Board currently has before it for consideration proposed revisions to the Comprehensive Plan; and Page 18 950626.RGM WHEREAS, the Town Board has determined that the proposed Action (i.e., the adoption revisions to the Town's Comprehensive Plan and zoning Law) is Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law); and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are not other Involved Agencies and that the Town Board is therefore the Lead Agency for this action. NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption a proposed Resolution containing amendments to the Town's Comprehensive Plan, in the form annexed hereto. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of k Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed Comprehensive Plan and Zoning Law amendments. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Comprehensive Plan amendments for 6:00 PM on the 24th day of July, 1995 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Resolutions: a. To serve a copy of this resolution, the annexed proposed Resolution, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; Page 19 950626.RGM b. To serve a copy of this resolution, annexed proposed Resolution, and the public hearing notice to the Dutchess County Planning Department for its advisory review; c. To distribute a copy of this resolution, the annexed proposed Resolution, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The question of adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Valdati Aye Councilman Ruggiero Aye Councilman Incoronato Nay Councilwoman Visconti Aye The resolution is hereby duly declared adopted Prior to the vote there was some discussion from Mr. Incoronato, who felt that more time should be given to review the most recent amendments and make any changes. The next item for the Boards consideration is to accept the POP WARNER agreement and authorize the Supervisor to sign. COUNCILMAN RUGGIERO moved to accept the POP WARNER agreement and authorized the Supervisor to sign Seconded by Mrs. Visconti Motion Unanimously Carried The last item for the Boards consideration is to authorize the Supervisor to Sign the Amendment to the Cablevision Contract. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to Sign the following Amendment to the Cablevision Contract. WHEREAS, U.S. Corp. has for many years operated a cable television system within the Town and provided cable television service to the residents of the Town pursuant to the authority of a cable television service franchise granted by the Town, and most recently renewed in the form of a Cable Television Franchise Agreement dated August 12, 1993, as modified and conditioned by the Order approving said franchise renewal of the Page 20 9 1� 950626.RGM New York State Commission on Cable Television dated October 13, 1993 (hereinafter referred to as the "Franchise Agreement"); and WHEREAS, the term of the Franchise Agreement is effective through October 13, 2003, by grant of the Town and by order of the New York State Commission on Cable Television; and WHEREAS, the Town and U.S. Cablevision Corp. have agreed for good cause, and for their mutual benefit and consideration to clarify, modify and amend the provisions of the Franchise Agreement of August 12, 1993, and in particular to provide therein a more specific standard for cable TV service line extensions, and to modify the form of the money payments required as a franchise fee ("Amendment"); and, WHEREAS, U.S. Cablevision Corp. has agreed to make an initial lump sum payment to the Town within sixty (60) days of the effective date of this Amendment in the amount of Seventy -Five Thousand Dollars ($75,000), which payment shall be considered and treated as an advance payment on the franchise fee payments otherwise due and owing to the Town from U.S. Cablevision Corp. pursuant to Section 7 of the Franchise Agreement, and which advance payment shall be credited against such other franchise fee obligations in twenty (20) equal quarter -annual adjustments of Three Thousand, Seven Hundred and Fifty Dollars ($3,750) over the next following five year period; and, WHEREAS, the payment of the above -referenced advance fee amount, on the terms and conditions described here above, shall be considered a material condition to the effectiveness of this instant Amendment; and WHEREAS, the Town acknowledges that it has sought the agreement of U.S. Cablevision Corp. for the amendment of franchise provisions relating to required service line extensions and that it has been the expressed intention of the Town to adopt additional rules or polices as may to the Town and its officials seem appropriate to promote reasonable practices for the fair and equitable installation of cable television service lines into new residential development projects, including, where appropriate, contributions by the residents or developers towards the costs of initial installations of cable TV service lines; and WHEREAS, all applicable provisions of federal, State and local law have been followed to permit the grant of an amendment to the Franchise Agreement; and WHEREAS, the Supervisor and Town Board members have given due consideration to the appropriateness of the of the proposed amendment to the Franchise Agreement and have concluded that said amendment is appropriate and in the best interests of the Town and its residents; NOW THEREFORE, be it resolved: The Town Board hereby approves and adopts the Amendment, dated 26th of June, 1995 to the Franchise Agreement dated August 12, 1993, attached hereto. Seconded by Mr. Ruggiero ROLL CALL VOTE Page 21 VOTE Supervisor Smith Councilman Valdati Councilman Ruggiero Councilman Incoronato Councilwoman Visconti UNFINISHED BUSINESS Aye Aye Aye Nay Aye Motion Carried 950626.RGM A request from COUNCILMAN INCORONATO (from the May Meeting) for a Resolution regarding Tax Incentives to stimulate business in the area. Mr. Incoronato discussed several of his proposals including tax law 485b to encourage new business. There was some discussion among several of the Board Members and Supervisor Smith recommended discussing Mr. Incoronato's ideas at a future workshop, because she has several ideas of her own. COUNCILMAN RUGGIERO moved to discuss Mr. Incoronato's proposal at a future workshop. Seconded by Mrs. Visconti Motion Unanimously Carried SUPERVISOR SMITH informed the Board that she must replace the i Fax machine because it is no longer working. Three proposals were received, the lowest from Becker Business Systems for a Panafax UF744 at a cost of $1,695.00 which includes a full year warranty, Initial Supply Cartridge ($249.00 Value), delivery and installation. COUNCILWOMAN VISCONTI moved that we accept the proposal for the Panafax UF744 Fax machine from Becker Business Systems in the amount of $1,695.00, they being the lowest. Seconded by Mr. Incoronato Motion Unanimously Carried The next item is in reference to the Wappinger Sewer Improvement Area No. 1 New Collector Line. Authorization is needed for Engineer to the Town Jay Paggi, and Attorney to the Town Al Roberts to proceed with the recommendations discussed at the last workshop. Page 22 950626.RGM COUNCILWOMAN VISCONTI moved to authorize Engineer to the Town and Attorney to the Town to proceed with the recommendations made at the workshop for the New Collector Lines. Seconded by Mr. Incoronato Motion Unanimously Carried Because of a failing septic system, a request was received from Kurt R. Groll of 10 Michael Drive, for authorization to connect into the Oakwood Knolls Sewer District. The Dutchess County Health Department had inspected the sewage disposal system and observed the system was undergoing failure and had no objection to his connecting to the Oakwood Knolls Sewer District. COUNCILMAN INCORONATO moved to authorize Mr. Groll of 10 Michael Drive, to connect to the Oakwood Knolls Sewer District based on the recommendation of Joseph Marcogliese, PE of the DEC. Seconded by Mrs. Visconti Motion Unanimously Carried COUNCILMAN VALDATI questioned Mr. Foster on the gas leak that was discovered from the underground tank at the Highway Department. What is the status. Mr. Foster informed the Board that samples had been taken from adjoining properties and no traces of petroleum were found. However, traces of petroleum were found in the well at the Highway. The DEC was present at the time of excavation when the old tank was removed from the ground, and a hole was discovered. Testing is still going on. The tanks were tested in 1991 and were due to be tested again in 1996. Mr. Valdati requested that Mr. Foster please make the adjoining property owners aware that the tests have been taken and they did come back negative, and that the town will continue to test the area. There was no other business to come before the Board. COUNCILMAN INCORONATO moved to adjourn the Town Board Meeting, seconded by Mrs. Visconti, and Unanimously Carried. Page 23 950626.RGM The Meeting adjourned at 8:58 P.M. Elaine H. Snowden Town Clerk Page 24 950626.PH A Public Hearing was held by the Town Board of the Town of Wappinger, on June 26, 1995 at the Town Hall, 20 Middlebush Road, on the proposed Local Law amending Local Law #6 of 1991 as amended a Local Law regulating Traffic & Parking within the Town of Wappinger by designating additional STOP streets and intersections at, Wildwood Drive at its intersection with Wendy Road and Wildwood Drive at its intersection with Russ Place. Supervisor Smith opened the meeting at 7:20 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town Graham Foster, Highway Superintendent 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 Meeting). Supervisor Smith asked if there were any comments or questions from the audience. There were none. COUNCILWOMAN VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato, and Unanimously Carried The Public Hearing closed at 7:21 P. M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDING LOCAL LAW #6 OF 1991 AS AMENDED A LOCAL LAW REGULATING TRAFFIC & PARKING WITHIN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) 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 June 14, 1995, your deponent posted a copy of the attached notice of Public Hearing on the proposed local law #_ of 1995 amending local law #6 of 1991 as amended a Local Law regulating traffic and parking within the Town of Wappinger by designating additional STOP Streets and intersections at, Wildwood Drive at its intersection with Wendy Road and Wildwood Drive at its intersection with Russ Place, 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. Sworn to before me this day of 1995 NOTARY PUBLIC c_ Elaine H. Snowden Town Clerk Town of Wappinger ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County Comuussion ExWres Feb. 28,152 Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 L 1 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. .................Joan,. Mi l ler of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ... Ro.okkePpez........ of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for OP!e.... weeks successively in each week, commencing on the .,14thday of ...June 19.95 and on the following dates thereafter, namely on and ending on the ... 1.9.th... day of ,June...... 19.9.5. both days inclusive. Subscribed and sworn to before me this ....14th.. day of ........ n e ......... 19.9 5 Notary Public My commission expires RAf3HEL Wlgtl?,RT ('CuNry r''44MIS810N EXPUIES MARCH 9t.