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1993-04-26 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 26, 1993 7:00 p.m. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES: Reg. March 22, 1993 Sp. April 12, 1993 4. REPORTS OF OFFICERS: T/Justices Sup/Compt Receiver of Taxes Bldg. Insp. Zng. Adm. Dog Control Officer Highway Supt. 5. PETITIONS & COMMUNICATIONS a. b. c. d. e. f. 9. h. i. J• k. 1. M. n. o. p - A. Buck, Dog Control Officer, with suggestion to amend fees in the Dog Control Local Law. Nora Taylor, Red Hawk Hollow Rd., requesting "Slow Children at Play" sign R. Walker, New Hackensack Fire Co.: Invitation to Beer Fest K. Brown re: opposition to a house being build behind him Dewey Owens, Sheafe Rd., re: Odor at Tri Muni Sewer Plant Requests to attend Courses and Conferences from: H. Levenson, Ping. & Zng Bds at Millbrook 5/13 & 5/20; Fire & Bldg Inspectors Newburgh, 5/3,4,5. Notices: T/Pk, Public Hearing on Zng Ord. Amendment; T/Fishkill Neg. Dec. for Brinckerhoff Water Dist, Contract: T/W Ping Bd. Lea Agency for Wappinger Golf Park Mari L. Sevey, V.S,.Cablevision Corp., re; hooking into Town Water supply system. M. Gillespie, at Barger, Day & Oswald, re: Evergreen Estates request water be provided to subdivision - w/response from J. Pa Application from Raymond L Sanford for a new Hawking & Peddling License F. Montegari, Van voorhis Terr. re: Driveway & Town Rd. slopes J. Paggi, Eng. to Twn, Reporst: (1) Review of D.Co. Water & wastewater Plan (2) Review of Proposed Water Supply Protection Agency (3) Wappinger Park Drainage Ping. Bd. Resolution re: Caolino rezoning request A Streisfeld, Attny representing Satellite Castle Corp. submissio of supplement and amendment of Zoning Application D. Co. Plang. Dept. recommendation on Satellite Castle Corp. Rezoning request. G. Foster, H. Supt. Corr. re: Road Maintenance Bnd on Moccasin Hill Subdivision I 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT H. Levenson report 8. RESOLUTIONS a. b. C. d. e. f. 9. h. 1 Request for release of Letter of Credit on Frank's Nursery & Craf s, ($30,000) Request for return of escrow by V. cappelletti in am't of$4,914. Request for return of Rd. Bnd. of $500 by Ronald Price & Sons, Ini. A. Buckley, Compt., request permission to borrow $33,00 from Gen. Fund, Pt. Twn., for Fleetwood Water Accn't AVR Rezoning/Site Plan Approval -Lead Agency designation Resolutio Vacancy on Recre tion Commission -Term of Sephen Miller expires 5/ 6 T rrance Fisher �wto floes not seek reappointment) T%W Resolution to aec are Neg. Dec. for Brinckerhoff Water Consider bids for Phase 1 -Contract X12- WST/Tlmprovement 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11 11. ADJOURNMENT 719 (J� RM42693 The Regular Meeting of the Town Board of the Town of Wappinger was held on April 26, 1993 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the Meeting at 7:00 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Robert Wallace, Councilman Gladys Ruit, Deputy Town Clerk Absent: Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Herbert Levenson, Zoning Administrator The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. imm MINUTES --- The Minutes of the Regular Meeting of March 22, 1993, and the Special Meeting of April 12, 1993. having previously been forwarded to the Board Members, were placed before them for their consideration. Mrs. Smith indicated that a correction should be made on the minutes of March 22, 1993, page 3, in reference to drainage projects. "Mrs. Smith felt the Town should continue to do as many "drainage projects" as they can, etc." The second correction, page 4, related to Memorial Day Services, which stated that there would not be services at the Town Hall this year since only a handful ever attended. It should read, trr. "because we are having Sunday services at Schlathaus Park to dedicate the War Memorial Statue." Mrs. Smith commented that we would have services at the Town Hall even if only two RM42693 people attended. MRS. VISCONTI moved that the above stated Minutes, be and they are hereby approved, as corrected, as submitted by the Town Clerk. Seconded by Mr. Wallace Motion Unanimously Carried REPORTS --- Reports for the month of March were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Building Inspector, Zoning Administrator and Dog Control Officer. MRS. VISCONTI moved to accept the above stated reports and place them on file. Seconded by Mr. Wallace Motion Unanimously Carried PETITIONS & COMMUNICATIONS --- A letter was received from A. Buck, Dog Control Officer, with a request to raise the redemption fees, per Section #8 of the Dog Control Law. MRS. VISCONTI moved to refer this matter to the Town Attorney to prepare an amendment to the Local Law on Dog Control. Seconded by Mr. Wallace Motion Unanimously Carried A letter was received from Nora Taylor requesting a "Slow Children Playing" sign on Red Hawk Hollow Road. The Supervisor stated that we cannot do this since the road has not been accepted yet and will table this request until the road is accepted. The Engineer suggested that the signs be ordered since the Developer is preparing the road for acceptance. RM42693 Mr. VALDATI moved to approve placing the sign "Slow Children Playing" on Red Hawk Hollow Road as requested pending acceptance of the road by the Town Board. Seconded by Mrs. Visconti Motion Unanimously Carried b. The Supervisor will request the Highway Superintendent to order the signs for installation upon acceptance of the road. An invitation to the Town Board was received from R. Walker of the New Hackensack Fire Company to attend their Opening Ceremonies on June 11th at their annual Bavarian Festival being held on June 11th, 12th and 13th. The Supervisor will respond to Mr. Walker that the Town Board will attend. The following letter was received from Mr. & Mrs. Kenneth Brown, 11 Sherwood Heights: Dear Town of Wappinger Board Members. This letter is to inform you that as residents on Sherwood Heights we are against a house being built behind us or a permit being issued to Mr. Segal or Z & M Developers, whoever own the property. As residents of this street for 22 years we have seen many near accidents on this curve where you are about to put a driveway. As you know this is an extremely dangerous curb. We have asked the Town Board to put a 15 mile Speed Limit on this road which you have done. Mr. Bennett, our neighbor had two of his trees knocked down because of someone going around the curve too fast. Instead of trees, they could have been children playing and been hit by a car or someone coming out of that driveway and had a collision. As a town resident I don't believe we could absorb a lawsuit of this type if a collision were to occur. Mr. Segal was very well aware of this condition before he purchased the land. This would not be beneficial to the residents of Sherwood Heights or to the town as a whole. We appreciate a response. S/ Mr. & Mrs. Kenneth Brown Mr. Levenson commented that the building permit will not be issued because of the Highway Superintendent's rejection of the plan due to lack of site distance. A petition with 23 signatures was submitted to the Town Board by Mr. Brown from the residents of Sherwood Heights. Mr. Brown spoke on his �A RM42693 opposition to a house being built behind him because of the dangerous situation. The engineer stated that there has been a number of reasons why the plot plan has been rejected. MRS. VISCONTI moved to authorize the Engineer and Highway Superintendent to review the situation and report back to the Board on this matter. Seconded by Mr. Wallace Motion Unanimously Carried Mrs. Smith informed Mr. Brown that he will be notified of the report when it is received from the Town Officials. Correspondence was received from Dewey Owens, 123 Sheafe Road, regarding the strong odor at Tri Muni Sewer System. MRS. VISCONTI moved to accept this letter and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried A request was received from Mr. Levenson for the Planning rrr Board, Zoning Board of Appeals and the Zoning Administrator to attend a course on May 13th and May 20th at the Farm and Home Center at Millbrook, New York. Also, a request was received from the Fire Inspector, Mark Liebermann and the Building Inspector, Tim Classey for permission to attend a conference being held May 3,4, and 5th at the Ramada Inn, Newburgh, New York. MRS. VISCONTI moved to approve the requests from the Planning and Zoning Boards, Fire and Building Inspectors, and Zoning Administrator to attend their respective conferences, and their legitimate expenses be Town charges. Seconded by Mr. Mills Motion Unanimously Carried e RM42693 The following notices were received: Town of Poughkeepsie, Public Hearing on Zoning Ordinance Amendment; Town of Fishkill, Negative Declaration for Brinckerhoff Water District; Contract: Town of Wappinger Planning Board Lead Agency for Wappinger Golf Park. ir.. MRS. VISCONTI moved to accept the notices and place them on file. Seconded by Mr. Wallace Motion Unanimously Carried A request was received from Mari L. Sevey, U. S. Cablevision Corporation, regarding hooking into the Town water supply system. The Supervisor commented that U. S. Cablevision Corp. is not in the district, therefore we will not be able to honor this request. MRS. VISCONTI moved to authorize the Supervisor to answer. Seconded by Mr. Mills torr Motion Unanimously Carried A letter was received from Michael E. Gillespie, at Barger, Day & Oswald, regarding the ability of the Town to provide water to the proposed Evergreen Estates Subdivision through the Central Wappinger Water Improvement Area. The Engineer stated that this is not in the the water district; they will have to go with wells and septic systems. MRS. VISCONTI moved to authorize the Supervisor to respond. Seconded by Mr. Mills Motion Unanimously Carried An application was received from Raymond L. Sanford for a new Hawking & Peddling License. MRS. VISCONTI moved to accept the application for Hawking & Peddling License based on the fact that he met all criteria. Seconded by Mr. Valdati Motion Unanimously Carried RM42693 Correspondence was received from Frank Montegari, 134 VanVoorhis Terrace, regarding driveway and town road slopes. MRS. VISCONTI moved to refer this matter to the Highway Superintendent and Engineer to review and get back to the Town Board with their recommendation. Seconded by Mr. Wallace Motion Unanimously Carried The following reports were received from Joseph Paggi, Engineer to the Town: Review of Dutchess County Water & Wastewater Plan; Review of Proposed Water Supply Protection Agency; Wappinger Park Drainage. The Supervisor had previously asked the Engineer to review the Water & Wastewater Plan, due to the many errors that it seemed to have and write a report for the Board so she would be authorized to correct these mistakes. MRS. VISCONTI moved to authorize the Supervisor to document the findings in the Dutchess County Water & Wastewater Plan and send it to the Wastewater Authority. Seconded by Mr. Valdati Motion Unanimously Carried The second letter was a different report, same agency and was incorporated into the authorization. The Supervisor will reply with #1. The third letter was in regard to Wappinger Park Drainage. The storm drain cannot be replaced at this time due to the location and functioning of adjacent sewage disposal systems. MR. MILLS moved to accept and place on file. Seconded by Mrs. Visconti Motion Unanimously Carried �D RM42693 A Planning Board Resolution recommending Capolino rezoning request be adopted, was forwarded to the Town Board for their consideration. MRS. SMITH made a motion to refer this to the Town Attorney to prepare a resolution for the rezoning of the Capolino property for Town Board consideration. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence was received from Arnold R. Streisfeld, Attorney representing Satellite Castle Corporation, for the principals of Family Farms, Inc., who had submitted a supplement and amendment of a Zoning Application. MRS. VISCONTI moved that we deem the previous application for rezoning submitted by Satellite Castle Corporation, Family Farm Inc., dated February 1, 1993, to be amended, accepted and adopted as per Mr. Streisfeld's letter of April 16, 1993. boo Seconded by Mr. Mills Motion Unanimously Carried To proceed further, consistent with Mr. Streisfeld's letter, we would have to enter into an agreement with him for Contract Zoning for the limited uses set forth in his letter, which the Attorney has concurred with on April 21st, and is also consistent with the Dutchess County Planning Department's recommendation. MRS. VISCONTI moved to authorize the Supervisor to contact Mr. Streisfeld and proceed with the Contract showing limited uses on the Contract Zoning. Seconded by Mr. Mills W= Motion Unanimously Carried A letter was received from the Dutchess County Planning Dept. n\ RM42693 regarding the rezoning of Satellite Castle Corp. / Family Farm, Inc., Referral 93-77. Mr. Roberts recommendation is that once we complete the Contract and the downsize zoning, we should get back to Dutchess County and the Planning Board for additional review. MRS. VISCONTI moved that we place the Dutchess County Planning Departments's recommendations on file. Seconded by Mr. Mills Motion Unanimously Carried Correspondence was received from Graham Foster, Highway Superintendent in regard to a Road Maintenance bond on Moccasin Hill Subdivision. MR. MILLS moved that this be tabled and for the Town Highway Superintendent and Engineer to prepare a punch list for the next workshop on May 10th. Seconded by Mr. Valdati Motion Unanimously Carried At the request of Mr. Mills, the Supervisor recessed the meeting at 7:50 PM to sign the students' papers documenting their presence at a Town Board Meeting for extra credits. The meeting was called back to order at 8:00 PM with all five Board Members present. COMMITTEE REPORTS Mr. Mills had no reports for this meeting. Mr. Valdati, Highway Safety, concerned that a few of roads still have sand and gravel left at some of the intersections. With the progression of recreational vehicles now on the road, these turns can be potentially hazardous in terms of stopping when negotiating a turn. Mrs. Smith commented that the Highway Department has worked q,:� RM42693 overtime every Saturday to clean up the roads. Mrs. Visconti, Recreation, reported that Mr. Holt has found a water supply from Castle Point and they have agreed to allow the Town to hook into their water supply for Castle Point Playground. She commented that this was another job well done by Ralph. Mr. Wallace had no reports for this meeting. Mrs. Smith, Recycling, commented that most people now have the recycling stickers and it is working out very well. Brush and composting does not require a sticker; however, household garbage still requires a ticket. BONDS & LETTERS OF CREDIT This is a report submitted by Mr. Levenson on the status of Bonds and Letters of Credits for the current subdivisions. MRS. VISCONTI moved to accept the reports furnished by Mr. Levenson. Seconded by Mr. Wallace ion Motion Unanimously Carried RESOLUTIONS Request was received from Frank's Nursery & Crafts for the release of Letter of Credit for $30,000. All of the proper documents were submitted with the request. MRS VISCONTI moved to release the Letter of Credit in the amount of $30,000 to Frank's Nursery & Crafts, Inc. upon the recommendation of the Zoning Administrator. Seconded by Mr. Valdati Motion Unanimously Carried Request for the return of escrow by V. Cappelletti in the amount imm of $4,914. MR. MILLS moved to authorize the release of the escrow to V. Cappelletti in the amount of $4,914 upon the recommendation n� RM42693 of the Zoning Administrator. Seconded by Mrs. Visconti Motion Unanimously Carried Request for the return of a Road Bond by Ronald Price & Sons, Inc. in the amount of $500. MRS. VISCONTI moved that based on the recommendation of the Highway Superintendent, to return the $500 to Ronald Price and Sons, Inc. Seconded by Mr. Mills Motion Unanimously Carried A memo from Ann Buckley, Comptroller, requesting permission to borrow $33,000 from the General Fund, Part Town, B -Fund account to cover the cost of a new water tank in Fleetwood District. MRS. VISCONTI moved to authorize the Comptroller to transfer the funds. Seconded by Mr. Wallace Motion Unanimously Carried The next matter brought before the Board for their consideration was a Resolution on AVR Rezoning/Site Plan Approval - Lead Agency designation. The following Resolution was moved by COUNCILWOMAN VISCONTI seconded by COUNCILMAN MILLS. WHEREAS, AVR Realty Company (hereinafter AVR), One Executive Boulevard, Yonkers, New York 10701, has submitted an application dated 20th day of September, 1991 requesting that two (2) parcels of land that it owns, containing approximately 48 acres, and located at the intersection of McFarland road and U.S. Route 9 in the Town of Wappinger, Dutchess County, New York, said parcels identified as Tax Grid Number 6157-02--743178 and 6157-02-743178 and 6157-02-720225, be rezoned from Conservation Office Park (COP) to Multi Family -RMF -5 (RMF -5); and WHEREAS, the aforementioned parcels are vacant and undeveloped; and WHEREAS, the application for rezoning is made in connection with the proposed development of the aforementioned parcels into a garden apartment style complex containing 240 rental units, consisting of 60 one -bedroom units, 156 two-bedroom units and 24 three-bedroom units; and 7f, RM42693 WHEREAS, the proposed development would include recreational facilities including a recreational building, swimming pool and tennis courts; and WHEREAS, the proposed development would be served by on site central water and sewer services and/or be connected to municipal water and sewer services if the same were available; and o' WHEREAS, 25% of the rental units proposed would be dedicated to an "affordable housing" rental structure, with first priority granted to Town employees and/or members of volunteer programs of the Town, with the maximum rental of said affordable housing units to be based one percentage of the median income of the residents of the Town, upon terms and conditions to be approved by the Town Board; and WHEREAS, the Town Board has requested an advisory opinion from the Town of Wappinger Planning Board prior to formally considering the proposed rezoning as requested by the applicant. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines that it is in the public interest to formally consider the application of AVR Realty Company to rezone two (2) parcels of land, identified as tax grid numbers 6157-02-743178 and 6157-02-720225, from Conservation Office Park (COP) to Multi Family -RMF -5 (RMF -5) pursuant to the application previously submitted. 2. The Town Board hereby determines that the application to rezone the subject property from COP to RMF -5 is made in connection with a proposal to develop the subject parcels into a rrrr 240 unit garden apartment style rental community consisting of 60 one -bedroom units, 156 two-bedroom units and 24 three-bedroom units, 25% of same to be dedicated to affordable housing. 3. The Town Board hereby further determines that the Town of Wappinger Planning Board will be required to grant site plan approval for the 240 unit rental complex and is, accordingly, an interested agency pursuant to Article 8 ECL and the related Title 6 Part 617-NYCRR, and Local Law No. 6 of 1992 of the Town of Wappinger. 4. The Town Board hereby further determines, PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6, PART 617-NYCRR that the following are involved agencies: 1. The Town of Wappinger Planning Board 2. The Town of Wappinger Highway Superintendent 3. Dutchess County Department of Health 4. New York State Department of Transportation 5. New York State Department of Environmental Conservation 5. The Town Board hereby further determines that the proposal to construct 240 garden apartments and the attendant application to rezone the subject parcels from COP to RMF -5 is a Type 1 Action pursuant to Town of Wappinger Local Law No. 6 of 1992 pursuant to Article 8 ECL and the related Title 6 Part 617- NYCRR, and, as such, is an action in which there are other involved agencies. 6. The Town Board hereby further determines that pursuant. RM42693 to Article 8 ECL and the related Title 6 Part 617-NYCRR that the subject action requires a mandated coordinated review by all involved agencies. 7. The Town Board hereby further directs the Town Clerk, with assistance from the Zoning Administrator, to forward a copy of this resolution, and the annexed application to all involved agencies, as above noted, for the purposes of establishing a LEAD AGENCY to coordinate the SEQRA review; the Town Board indicates its preference matter, however, in the event said Planning Board fails or refuses to act as LEAD AGENCY, the Town Board hereby indicates its preference to assume LEAD AGENCY. Seconded by: Councilman Mills Roll Call Vote: 5 Ayes 0 Nays Three vacancies existed on the Recreation Commission; the term of Stephen Miller expires May 1st, Terrance Fisher does not wish to seek reappointment, and Joseph Mastroianni who has resigned. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Stephen Miller, be and he hereby is reappointed as a member of the Town of Wappinger Recreation Commission and, BE IT FURTHER RESOLVED, that the term of office for Stephen Miller as a member of the Recreation Commission, shall expire on May 1, 1998. Seconded by Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Joseph Ennesser, be and he is hereby appointed to the Town of Wappinger Recreation Commission to replace Joseph Mastroianni, who has resigned, and BE IT FURTHER RESOLVED, that the term of office for Joseph Ennesser as a member of the Recreation Commission, shall expire on May 1, 1997. Seconded by: Councilman Val.dati Roll Call Vote: 5 Ayes 0 Nays The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Ronald Friedman, be and he is hereby appointed to the Town of Wappinger Recreation Commission to fill the vacancy that has occurred by reason of Terrance Fisher's decision not to RM42693 seek another term, and BE IT FURTHER, that the term of office for Ronald Friedman as a member of the Recreation Commission, shall expire on May 1, 1998. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays irr The next Resolution referred to the Water Contract with the Brinckerhoff Water District. NEGATIVE DECLARATION WATER SUPPLY CONTRACT BETWEEN BRINCKERHOFF WATER DISTRICT & TOWN OF WAPPINGER ON BEHALF OF THE WATCH HILL WATER IMPROVEMENT AREA The following Resolution was moved by COUNCILMAN VALDATI: WHEREAS, the Town of Wappinger Town Board, on behalf of the Watch Hill Water Improvement Area has purchased potable water from the Brinckerhoff Water District for resale to residents of the Watch Hill Improvement Area located in the Town of Wappinger, New York; and, WHEREAS, the New York State Department of Environmental Conservation requires a formal written agreement between the entities cited in the preceding clause, and WHEREAS, the Town of Wappinger on behalf of the Watch Hill Water Improvement Area has purchased said potable water from the fto Brinckerhoff Water District without a formal written agreement; and WHEREAS, The Town Board of the Town of Wappinger has now agreed, by a newly written contract with the Town Board of the Town of Wappinger, to continue the sale of potable water to the Watch Hill Improvement Area; and WHEREAS, the aforementioned contract is entitled: "Water Supply Contract Between Brinckerhoff Water District and the Town of Wappinger on Behalf of the Watch Hill Water Improvement Area" (the "Contract") and is written in accordance with Article 5-G of the general Municipal Law; and, WHEREAS, the formal adoption and endorsement of this Contract represents an Unlisted Action pursuant to 6 NYCRR Part 617, the State of environmental Quality Review Act; and WHEREAS, the Town Board of the Town of Wappinger is the sole agency undertaking and approving this action and has conducted an Uncoordinated Review; and, WHEREAS, the Town Board has caused to be prepared Part I and Part II of a Short Form EAF; and, WHEREAS, the Town board of the Town of Wappinger has determined that this action does not impact significantly the environment; and WHEREAS, the Town Board of the town of Wappinger has previously authorized the Supervisor of the Town of Wappinger to RM42693 sign the aforementioned contract entitled "Water Supply Contract between Brinckerhoff Water District and the Town of Wappinger on behalf of the Watch Hill Water Improvement Area", without the benefits SEQRA review. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wappinger on behalf of the Watch Hill Water_ Improvement Area has compared the impacts which may be reasonable expected to result from approval of the Contract against the criteria found in Part 617.11 (a) and has determined that the approval of the Contract shall not affect significantly the environment of the Town of Wappinger and hereby issues A NEGATIVE DETERMINATION OF SIGNIFICANCE. The following information substantiates this determination. 1. The Town Board has been advised there will not be an adverse change in the existing ground water quality or quantity. The three (3) Brinckerhoff Water District wells which supply potable water to the Watch Hill Improvement Area comply with all applicable state and federal water quality standards, rules and regulations. the Brinckerhoff wells have been recently upgraded by the Town Board of the Town of Fishkill and can supply a maximum withdrawal rate of 600 gallon per minute. These wells are covered by Water Supply Permits (#7716 and #8438) as issued by the New York State Department of Environmental Conservation. Actual daily usage within the Brinckerhoff systems, including the Watch Hill Improvement Area, is just over half of the permitted withdrawal. With the improvements to the well system, the Brinckerhoff Water District meets all state and federal regulations covering water quantity. 2. Since all transmissions lines are currently installed, there is no need for further construction activities and therefore no danger of erosion, or other construction related impacts such as destruction of vegetation, fauna, habitat areas, etc. 3. Both the Town of Fishkill and Wappinger maintain and repair, when necessary, the water distribution system supplying potable water to the Watch Hill Improvement Area. Therefore, there is little danger of leakages or flooding by the approval of the Contract. 4. The Town of Wappinger already purchases potable wager from the Brinckerhoff Water District for the Watch Hill Section. Therefore, there is no anticipation by either municipality, that this contract will provide an incentive for people to relocate to the Watch Hill area because of the existence of a Central Water System. 5. The fact that this water distribution system currently exists precludes the possibility that approval of the Contract would conflict materially with either community's land use plans, character of neighborhood or create a hazard to human health. In fact, the existence of the central water system decreases significantly, potential danger to human health by providing quality potable water which is approved by the agencies. BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to sign Part III of the Short Form EAF. BE IT FURTHER RESOLVED, that the Town Board reconfirms its -4 RM42693 motion to authorize the Town Supervisor to sign the above referenced contract with the Town board of the Town of Fishkill on behalf of the Brinckerhoff Water District for the supply of potable water to the residents of the Watch Hill Improvement Area and further reconfirms the Supervisor's action in sign said contract. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Fourteen bids were received and opened on April 21, 1993 on the Wappinger Sewer Transmission/Treatment Improvement, Phase 1, Contract #2. The Engineer recommended that the bid be awarded to GALS, Inc. as low bidder, in the amount of $355,600. MRS. VISCONTI moved to award the bid on the Wappinger Sewer Transmission/Treatment Improvement, Phase 1, Contract #2 to GALS, Inc. as low bidder in the amount of $355,600.00 as recommended by the Engineer and authorize the Supervisor to sign the Contract. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence was received from the Recreation Commission in reference to swapping a 1975 Ford Tractor, original purchase price $6,675 from Pine Plains Ford, for a vacuum valued at $4,000 from the same Company, to pick up grass and leaves. The Chairman, Mr. Holt, was asking permission from the Town Board to effect this swap. MRS. VISCONTI moved to allow Mr. Holt, Chairman of the Recreation Commission, to complete this transaction. Seconded by Mr. Mills Motion Unanimously Carried UNFINISHED BUSINESS Mr. Incor.onato was recognized by the Chair and spoke briefly on the setbacks of the "Hit & Putt" project that is in construction on Route 9 north of New Hackensack Road. He also suggested that the Planning Board members term of office be reduced from the present seven year term. Mrs. Smith said she A RM42693 would discuss this matter at a later date. Mrs. Smith wished to have the Town Board consider the appointment of a Planner to the Town. MR. MILLS moved to appoint Frederick P. Clark, Associates, as Planner to the Town of Wappinger for the remainder of 1993. Seconded by Mrs. Visconti Motion Unanimously Carried Mrs. Smith introduced Mr. David Stohlman and Daniel Wery from Frederick Clark Associates who will be attending the Planning Board Meetings. NEW BUSINESS Mrs. Visconti referred to the Homestead Act which is in effect in the Town of Wappinger and asked if they could have some discussion on the possibility of rescinding this method of assessing properties. She requested a work shop with our Assessor, Thomas Logan, so he could give the pros and cons on the Homestead Act and what would happen to the tax structure if we do revoke it. Mrs. Smith agreed to ask Mr.Logan to research this and present it at a future work shop. Mr. Cauda was recognized by the Chair and repeated his concerns on the procedure of grieving the Benefit Assessments levied on property. Mrs. Smith suggested that they hold a work shop on this and set a date of June 14, 1993 at 7:00 P.M. Mr. Valdati commended Frank DiMarco for his many services to the community; many times he rides down Route 9 and the surrounding streets and there are a number of people in orange helmets and jackets and cleaning the entire area of debris. Mr. DiMarco recruits them and they all help clean up the different areas of the Town that need it. You would have to look far and wide to find this kind of dedication to the community. RM42693 A letter was received from the Wappinger Central School District requesting the use of our voting machines for their annual election on June 2, 1993. Although it was a late communication, the Supervisor felt that it would be cutting it too close if they waited until the May meeting. MRS. VISCONTI moved to approve the request from the Wappinger School District for the use of our voting machines for their Annual Election on June 2, 1993. Seconded by Mr. Wallace Motion Unanimously Carried Mr. Arnold Streisfeld, Attorney for the principals of Family Farm, Inc. one of the applicants for rezoning of the former Castle Raquetball and Sports Club, was recognized by the Chair and explained that he was not here in time for the discussion of the rezoning and missed their discussion so he requested to go over the action taken by the Board. He had concerns about rezoning to contract zoning and was told that had been approved, he also thought they would have set a public hearing on the rezoning but was told that would not be done at this meeting. When the contract zoning application is complete, it will be referred to the Town and County Planning Board for review and recommendation and a public hearing will then be set. The Board Members assured Mr. Streisfeld that all the actions that were required to be taken by the Town Board were addressed at this meeting. There was no other business to come before the Board. MR. WALLACE moved to adjourn the meeting, seconded by Mr. Mills and unanimously carried. The meeting adjourned at 8:50 P.M. Gladys Ruit Deputy Town Clerk �J' DJJ-X� � ,.