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1992-07-27 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JULY 27, 1992 1. Supervisor Call Meeting to Order 2. Roll Call PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes Reg. 6/22/92 Special 7.13/92 4. Reports of Officers: Compt/Sup. T/Justices Rec. of Taxes Bldg. Insp Zng. Adm Dog Control Officer C�,i�'c>:� 5. PETITIONS & COMMUNICATIONS a, Rob't & Arlene Crane, N. Hackensack Rd., re: Lot re -alignment request and associated problems b. Notice of inte t to r�/e"'new Liquor Lic. from Jasmine Entertainment Ltd. Rte 9 `'rU T•�cD.�►�U�ersCorc��+�1�e��- c. Michael Schwall re: complaint about parking situation in connecti with Chelsea Yacht Club d. Petition from Chelsea residents re: (1) the beach at the end of Bank St. (2) Gazebo at end of Broadway e. Corr. re: Review of DEIS/T/E. Fishkill Central Wastewater Plan from R.E. Lapar, J. Paggi, & Scott Chase f. Corr. from R.E. Lapar & J. Paggi re: Sect I, Phase III T/W Sewer Transmission/Treatement Area - --g. R. Holt, Ch. Rec Comm. re: Boots & Bows Square Dance Group -Sponsor ship for use fo school Gym. ,h. Mrs. K.I.(Hageman)Meyer re: Praise for T/Historian, Brenda Von Be] i. T. McAdam, Esq. representing Klines re: Thomas property (Moccasin View) sewage disposal System -j. Notice of Public Hearings from T/Poughkeepsie on Zoning Amendment: ,;k. Memo from Ping Bd. re:renewal, of R. Arnold Contract -Authorize Supervisor to sign .-l. Requests for return of Escrow funds from: (1) J. Minotti, Lot #2, Lot #8, & Lot #10 -Windham Crossing, @$4,000, $500, & $5,000: (2) Lot #7 Red Hawk Wlow (Rick Taylor) $3,000 (3) D. Grossman,$1,00( .Robinson Lane --Po v%�ei... �- 15.���1s, -'(a (%yD, 1000,(000 -) I.m. NYSDEP re: Neg. Declaration for Sub -surface easement under Penn Ce �n. Certiorari's served on Assessor from: (1) Texland Properties, Corl Southland Corp. (3) Waldbaum's Inc. (N) 8ra,,k C,,,si C) W4,yp0.svoc (1.)W lUer Ce,O©��� Application for Change of Zone for Capolino Property (Keith & Est, of Margaret) from R-20/40 to RMF -3 p. T. Hussain, Bell -Air Lane request for putting a fence around Sewage tank q. F. Graff, Ch. CAC re: request for Sup. to sign Work Permit form to allow CAV to plant and maintain "Island" at intersection of All Angels and Rte 376 .r. A. Gibney & A.Hanna request for sign at SkyTop Drive for "Low Hanging Wires" 6. COMMITTEE REPORTS 7. BONDS AND LETTERS OF CREDIT a. H. Levenson report b. H. Levenson letters to L. & M. Suozzo 8. RESOLUTIONS a. Res. Authorization to allow Supervisor & Comptroller to sign -for S R;W rurjh- Tri -Municipal b. Res. for Swap of Land -Recreation Comm. w/ Fulton, at Montfort Rd. Barn site (2) resolutions ,c. State Bid Sheet - for New DC 121 Town Patrol, and Supervisors Car w/ Request from Comptroller for Transfer of funds d. R. Holt. Ch. Rec. Comm., requests for: (1) Transfer for payroll for Playground Personnel (2) approval & PO for paint Sprayer (3) Approval & PO for sand for Volley Ball Ct. e. G. Foster request for Transfer of funds for New Dump Truck & Vactc f. Bids for._Micropaving r 9. UNFINISHED BUSINESS Zve Segal re: Vivetro tenant to Water District request 10. NEW BUSINESS 11. ADJOURNMENT c� RM72792 The Regular Meeting of the Town Board of the Town of Wappinger was held on July 27, 1992 at the Town Hall, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Supervisor Smith opened the Meeting at 7:02 P.M. Present: Constance Smith, Supervisor James Mills, Councilman (arrived 7:16 P.M.) June Visconti, Councilwoman Robert Wallace, Councilman Elaine H. Snowden, Town Clerk Absent: Robert Valdati, Councilman Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr. Engineer Graham Foster, Highway Superintendent All joined in the Pledge of Allegiance to the Flag at the commencement of the meeting. The Minutes of the Regular Meeting of June 22, 1992 and the Special Meeting of July 13, 1992, having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the Minutes of the Regular Meeting of June 22, 1992 and the Special Meeting of July 13, 1992, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Wallace Motion Unanimously Carried Reports were received from Comptroller/Supervisor, Town Justices, Receiver of Taxes, Building Inspector, Zoning Administrator, Dog Control Officer, Custodian for the month of June, and from the Highway Superintendent on the Town Annual Cleanup. MRS. VISCONTI moved to accept the above stated Reports and RM72792 place them on file. Seconded by Mr. Wallace Motion Unanimously Carried PETITIONS & COMMUNICATIONS --- A letter was received from Robert & Arlene Crane, New Hackensack Road regarding a previous request to the Planning Board for a lot re -alignment and the problems he has had with the application from its first submittal back in October 1991. They requested that the lot re -alignment be granted without further submission, the additional fees be waived and an adjustment made on the other charges. Mrs. Smith referred this matter to the August 10th work shop at 8 P.M. for discussion on waiving fees. Two Notices of Intent to Renew Liquor Licenses were received from Jasmine Entertainment, Ltd., Wappinger Plaza and Bruce Kade, for Myers Corners Deli, Myers Corners Road, Town of Wappinger. MR. WALLACE moved to receive the Notices and place them on file with no comment. Seconded by Mrs. Visconti Motion Unanimously Carried Michael Schwall, Sr., owner of Chelsea Carthage Landing Marina at Chelsea, wrote to the Board with a complaint about the parking situation at the Chelsea Yacht Club which has caused traffic jams making it impossible for emergency vehicles to get through. Mrs. Smith informed the Board that she had spoken to Detective Carl Amburgey who is in charge of our Vandalism Patrol and requested that they check this situation very frequently during the busy season to make sure the area is kept clear in cases of emergency. She is hoping there will be more land available for RM72792 parking in the very near future which should alleviate this hazard. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried The residents of the Chelsea area of the Town forwarded a petition regarding specific properties that may belong to the Town and therefore available for use for the residents of the Town. At present these properties are occupied by the Chelsea Yacht Club and not open to the public. The residents would like this matter investigated to determine if they are actually Town owned properties. The Supervisor is working on this with Scenic Hudson and the Clearwater; they have documents on these properties and are working with OGS and will schedule a meeting in Albany for further determination of the ownership. As she receives additional information she will pass it along to the Board, but in the meantime they cannot take any positive action. MRS. VISCONTI moved to table this matter pending further information on ownership of the properties in question. Seconded by Mr. Wallace Motion Unanimously Carried Correspondence was received from Rudolph Lapar, Joseph Paggi and Scott Chase re Review of the DEIS Adoption and Implementa- tion of Town of East Fishkill Central Wastewater Plan. It was indicated that the Town of Wappinger will be in construction before the Town of East Fishkill is ready to go and no accommo- *4W dation by this Town is deemed possible. RM72792 MRS. VISCONTI moved to accept the correspondences from Rudolph Lapar, Joseph Paggi and Scott Chase and place them on file. Seconded by Mr. Wallace Motion Unanimously Carried Correspondence was received from Rudolph Lapar to Joseph Paggi and Mr. Paggi's report to the Town Board regarding Section 1 - Phase III, Town of Wappinger Sewer Transmission/Treatment Area. Mr. Paggi referred to the second paragraph, page 2, his letter to the Board dated July 9, 1992 "it was always our feeling and impression that Phase III would be done in specific phases over a period of 10 years; what we are doing now is implementing the first phase of the Phase 111 service area. If this is not the intention of the Town Board, I would wish that they would inform our office so that we may prepare a map, plan and report for the entire gray area. However, this was not the assumption I was working under". The Board Members agreed that this was " the way they had planned the implementation of the first phase. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried The Chairman of the Recreation Commission, Ralph Holt wrote to the Board in regard to a request from the Boots and Bows Square Dance Group of Dutchess County to sponsor their activity for the coming school year. The Recreation Commission has been signing their application to access use of the school gym for them for several years; they pay all custodial fees and other charge also provide the insurance certificate to the school. It was Mr. Holt's thought that the Board may have reservations regarding this contract and therefore referred it to them for their determination. It was Mrs. Smith's opinion that by the Town signing this ,� v5, RM72792 application, they were enabling the group to get into the school without the usual fee that is charged other organizations and she was not in favor of this practice even though it has been done in the past for this group. Some of the members were from this Town, others from Connecticut and all over -- it's a way for them to get in free, she reiterated. Mrs. Visconti asked if it was a non-profit group, but there was no knowledge of that. MRS. VISCONTI moved to authorize the Supervisor to contact Philip Fox of the Boots and Bows Square Dance Group and request additional information prior to their decision on the referral from the Recreation Commission. Seconded by Mr. Wallace Motion Unanimously Carried The following letter of commendation for our Town Historian, Town Clerk and Deputy Town Clerk was received from a resident of Connecticut, Pat Meyer: Dear Mrs. Smith: It has been my pleasure to be in contact with Brenda Von Berg whose name was given to me at the Wappingers Falls Town Hall when I was getting information for a geneology. I was having difficulty knowing what procedure to follow. I called Mrs. Von Berg, told her my problem and then sat for the next fifteen minutes completely astounded at the information I was being supplied. I was writing as furiously as I could the names of libraries, books authors, people, addresses, etc., etc., plus her knowledge of geography and facts pertaining to the era of my ancestors in Dutchess County. The information allowed me to locate relatives in an area I would not have known about. On Friday July 3, I was able to walk up the steps of the old New Hackensack Dutch Church; the same church where my Great, Great Grandparents took my Great Grandfather to be baptized. What a thrill. Suffice it to say I could not have done it without the knowledge of Brenda Von Berg. The church where my own children were baptized is not part of a restoration on Long Island. It was built in 1857 and had been a rural circuit church. More and more, people are becoming interested in tracing their "roots". Without the assistance of a town historian, the solution to the task would be impossible to achieve. With so much of our heritage being lost to the bulldozers (and just RM72792 plain apathy), the role of the historian becomes our link to the past. It is essential that these dedicated and valuable volunteers be given every consideration to make their task easier. All people doing research depend on them. The people who do this work and all before them deserve a standing ovation and three very loud hip, hip hoorays. It is my opinion that a town is judged by the people with whom you come into contact. If Elaine Snowden, Sandra Kosakowski and Brenda Von Berg are representative, then Wappingers Falls gives a most favorable impression. Many thanks to all. My ancestors would be proud. Most sincerely, s/Pat Hageman Meyer MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried (Mr. Mills arrived at the meeting 7:16 P.M.) Attorney Timothy McAdam of McAdam & Fallon, P.C., wrote to concerned principals including Supervisor Smith regarding the question of the installation of a sewage disposal system on the Thomas property, Moccasin View Road, which is adjacent to the property of his clients', Nancy and Tina Kline. According to him, some of the information concerning property measurements may be faulty and he was serving notice of possible legal action should his clients be exposed to contaminants in their well. MR. WALLACE moved to place the correspondence on file. Seconded by Mrs. Visconti Motion Unanimously Carried Several Notices of Public Hearings were received from the Town of Poughkeepsie set for August 26, 1992 at 6:30 p.m. to consider amendments to the Zoning Ordinance and the Code of Ordinances. R 1� 1� RM72792 MRS. VISCONTI moved to accept the Notices of Public Hearings from the Town of Poughkeepsie and place them on file. Seconded by Mr. Wallace Motion Unanimously Carried Correspondence was received from the Zoning Administrator advising the Town Board that the Planning Board unanimously approved the renewal of contract for AICP Planner Raymond Arnold, at the same terms as appeared in the 1991 contract. MRS. VISCONTI moved to authorize the Supervisor to sign the contract with Raymond Arnold, AICP Planner to the Town of Wappinger Planning Board, as approved by the Planning Bd. Seconded by Mr. Mills Motion Unanimously Carried Requests for return of escrows were received from: J. Minotti Lot #2,$,10, Windham Crossing, $4,000,$500, & $5,000; Lot #7 6 Red Hawk Hollow (Rick Taylor) $3,000; D. Grossman, $1,000 Robinson Lane; Pondview Lots 22, 25, 26, $750, $1,000 & $1,000). MRS. VISCONTI moved to approve the release of the escrows, above stated, based on the recommendation of the respective department heads. Seconded by Mr. Mills Motion Unanimously Carried A notice of Negative Declaration was received from New York City Department of Environmental Protection regarding the proposed purchase of a .130 acre sub -surface easement under the Penn Central Railroad right-of-way located in the Town of Wappinger in Chelsea. .r An opinion was received from our Engineer, Joseph Paggi, Jr., stating that this would have no adverse effects on the Town of Wappinger. MRS. VISCONTI moved to accept the Notice of Negative Declaration 1 oU RM72792 as above stated and place it on file, based on the recommenda- tion of Mr. Paggi. Seconded by Mr. Mills Motion Unanimously Carried The following Tax Certioraris were served on the Town of Wappinger:Brack Construction Co, Wappinger Associates LP, Wappinger Falls Owners Corp., Waldbaum's Inc. #652, Tenant, The Southland Corporation, Wendcello Corp., as Lessee and Texland Properties Corp. MRS. VISCONTI moved to referred the above stated Tax Certioraris to Emanuel Saris, Attorney to the Town appointed to handle Tax Reviews, to defend on behalf of the Town. Seconded by Mr. Wallace Motion Unanimously Carried Applications for rezoning Lands of Keith Capolino and Estate of Margaret Capolino from R-20/40 to RMF -3 were submitted by Attorney Jon Adams for the Town Board's consideration of same. Mr. Adams submitted a supplement to the application explaining two errors on the original application which required revision. Item #20 incorrectly states that the development takes place on one of the two parcels, but it will take part on both parcels and the maximum allowable potential will pertain to the both parcels and anything to the contrary in the application is mistaken and should be corrected. Item #25 of Part A of the Environmental Review Long Form should be revised by deleting the Planning Board from the list of agencies from which approval is required. Their approval is not required for the change of zone. He further noted that the D.E.C., in their letter of March 17, 1992 stated they there are no records of the presence of endangered species on the site, but recommended a site-specific survey be done to determine whether the species identified in RM72792 the letter are present on the site. This can be done when the specific areas of the site are disturbed. He assumed that when the Environmental Review was done for Phase I that the issue of impacts on endangered species was addressed in that study and no adverse impact was found. Having addressed these revisions, he requested the Board to take a hard look at the environmental aspects and initiate the referrals to the Town Planning Board and Dutchess County Dept. of Planning for their review of the application and subsequent recommendation. MRS. VISCONTI moved to accept the application for a change of zone for the Capolino property, two parcels owned by Keith Capolino and Estate of Margaret Capolino, from R-20/40 to RMF -3. Seconded by Mr. Wallace Motion Unanimously Carried MRS. VISCONTI moved to refer the rezoning application for the Capolino property to the Town of Wappinger Planning Board and the Dutchess County Department of Planning, for their review and recommendation. Seconded by Mr. Wallace Motion Unanimously Carried A letter was received from Tanveer Hussain, 18 Bell -Aire Lane, regarding fencing around the sewage tank instead of the trees that are planted there now. According to him, he received telephone approval from the Supervisor and was now looking for an official written approval in this regard "which I can keep rr.. for future if ever a question arises". Mrs. Smith then revealed the real story -- Mr. Hussain called her to ask if he could put shrubs around the sewer plant and she thought it was a great idea; she contacted Mike Tremper RM72792 from Camo Pollution Control for his recommendation and he, too, went along with this idea. Then to her surprise, this letter arrived looking for verification of the telephone approval for installing a fence around the tank. Since this tank will be abandoned within a couple of years when Tri -Municipal comes in, Mrs. Smith did not feel that fencing was necessary. The shrubs looked fine and the tank was not even noticeable; it seems that we periodically hear from Mr. Hussain regarding this unsightly tank in front of his home and he wants to try another screening to cover it. Mrs. Smith and Mr. Mills had visited the area and agreed that the shrubs were doing a fine coverup job. MR. WALLACE moved to notify Mr. Hussain that the Town Board has rejected his request for fencing around the sewage tank since they feel that the trees are sufficient. Seconded by Mr. Mills Motion Unanimously Carried Florence Graff, Chairman of the Conservation Advisory Council wrote to the Supervisor in reference to their request from the Dutchess County Public Works for a permit to establish and maintain a flowering bed at the island dividing All Angels Hill Road and Route 376. A letter from Timothy Schneider, Engineer with that Department, was attached notifying Mrs. Graff that a Work Permit and a Certificate of Protective Liability Insurance Form, which was enclosed, should be completed and signed by the appropriate Town Official. Mrs. Smith was not receptive to this until she reviewed it with the Highway Superintendent and also the insurance company to determine what they may be getting the Town into by approving the project. MRS. VISCONTI moved to authorize the Supervisor to sign the Work Permit No. P92105 and the Certificate of Protective Liability Insurance form, pending discussion with the Highway RM72792 Superintendent for his review and recommendation and the Insurance Company for determination of Town liability. Seconded by Mr. Wallace Motion Unanimously Carried Anne Marie Gibney and Arthur Hanna, RD #1 Skytop Drive, wrote to the Supervisor citing an incident on July 9th when an Allied Van Lines truck knocked down cable lines and pulled the telephone wires and junction box off of the side of the house. She spent most of the evening and the next day contacting the two utility companies in an effort to repair the wires and resume their service. At the conclusion of the letter they requested the Town Board to place a sign at the beginning of Skytop Drive advising drivers of large trucks that the street has low hanging wires. Mrs. Smith had previously referred this communication to the Highway Superintendent and also to Mr. Dolan from the Cable- vision company. MRS. VISCONTI moved to accept the correspondence from the residents on Skytop Drive and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried COMMITTEE REPORTS --- Neither Mr. Mills nor Mr. Wallace had reports for this Meeting. Mrs. Visconti mentioned that she liked the idea of the Highway Superintendent submitting a written report on the subjects presented at the Seminar he recently attended. BONDS AND LETTERS OF CREDIT --- Mr. Levenson submitted his schedule of letters of credit and/or bonds on file for the month of June, 1992. He also submitted copies of letters forwarded to Mr & Mrs. Michael Suozzo and Mr. Louis Suozzo notifying them that their Letter of Credit RM72792 No. 001 in the amount of $21,572.00 will expire September 13, 1992 and requested that a new L/C be submitted in the same amount on or before August 10, 1992; if they are not in place on this date, he will recommend to the Town Board that they call the Letters of Credit at the August 27, 1992 Town Board Meeting. MRS. VISCONTI moved to accept the Report and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried RESOLUTIONS --- The first resolution was authorization for SRF Funding for the Tri -Municipal Project. The following resolution was moved by COUNCILPERSON VISCONTI and seconded by Councilperson Wallace: Resolution authorizing the Filing of an Application and Signature of a Project Financing Agreement and other documents necessary for SRF Assistance under the Appropriate Laws of New York State and the United States of America. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, herein called the "Applicant", after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the Project generally described as the Wappinger Sewer Transmission/ Treatment Improvement and identified as "(OAK -ROCK), INT, PS, FM", herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987 (as such may be amended from time to time, the "Water Quality Act"), requires each State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and WHEREAS, the State of New York has, pursuant to Chapter 565 of the Laws of New York of 1989 as amended, the State Water Pollution Control Revolving Fund Act (the "SRF ACT), established in the custody of the Environmental Facilities Corporation (the "Corporation") a water pollution control revolving fund (the "Corporation") a water pollution control revolving fund (the "Fund") to be used for purposes of the Water Quality Act; and WHEREAS, EFC is responsible under the SRF Act and other provisions of State law for establishing a process for listing eligible projects and ranking projects in order of priority for purposes of providing financial assistance to municipalities 0411PArm from the Fund; and WHEREAS, the New York State Department of Environmental Facilities Corporation (EFC) is authorized by the SRF Act to enter into any agreement necessary between the State of New York and the United States Environmental Protection Agency necessary for the receipt by the Fund of federal capitalization grants under the Water Quality Act; and WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Law of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide Financial Assistance from the Fund at the direction of EFC; and WHEREAS, EFC has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipal- ities for the construction of eligible projects, as provided in the SRF Act. NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger: 1. That the filing of an application in the form required by EFC in conformity with the SRF Act is hereby authorized including all understandings and assurances contained in said application. 2. That Constance O. Smith as Supervisor and Chief Fiscal Officer or in her absence or failure to act, Ann Buckley as Town Comptroller are directed and authorized as the official representative of the applicant to sign an application for SRF Assistance, to sign a Project Financing Agreement and any other documents necessary to receive financial assistance from the Fund for the project described herein, to act in connection with the project and to provide such additional information as may be required and to make such agreements on behalf of the Applicant as may be required. 3. That one (1) certified copy of this Resolution be prepared and sent to the New York State Environmental Facilities Corporation, Albany, New York. 4. That this Resolution take effect immediately. That the attached Resolution is a true and correct copy of the Resolution, authorizing the signing of an application for SRF Assistance and the signing of a Project Financing Agreement and any other document necessary for SRF Assistance as regularly adopted at a legally convened meeting of the Town Board of the Town of Wappinger duly held on the 27th day of July, 1992; and further that such Resolution has been fully recorded in the Town Clerk's Minutes in my office. In witness whereof, I have hereunto set my hand at this 27th day of July, 1992. Roll Call Vote: 4 Ayes 0 Nays Councilman Valdati --- Absent The next Resolution referred to Montfort Road Barn Land Swap with Fulton. a,-\ RM72792 The following Resolution was moved by COUNCILPERSON VISCONTI and seconded by Councilperson Wallace: WHEREAS, the Town Board owns certain property located on Montfort Road, which property is used and maintained as a Town park; and WHEREAS, the aforementioned Town owned property is contiguous and adjacent to property owned by Joseph and Evelyn Fulton; and WHEREAS, situated on the Town property is a barn in close proximity to the northerly property line; and WHEREAS, the Town Recreation Department has requested that the Town acquire from Mr. and Mrs. Fulton additional land to provide better access to the rear of the barn as more accurately depicted in a survey map prepared by Paggi and Martin, Engineers and Surveyors, dated November 1987 and revised February 5, 1992; and WHEREAS, Joseph and Evelyn Fulton have agreed to exchange equal parcels of land as depicted in the aforementioned map prepared by Paggi and Martin; and WHEREAS, this exchange of land will require the consent of the New York State Legislature. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS; 1. The Town Board hereby authorizes a transfer of .043 acres of land from the Montfort Road recreation site to Joseph and Evelyn Fulton, in exchange for a .043 parcel of land to be conveyed from Joseph and Evelyn Fulton to the Town. 2. The Town Board hereby authorizes Constance O. Smith, Supervisor, to enter into a contract with Joseph and Evelyn Fulton for the exchange of the parcels as above indicated, said contract to be in form acceptable by the attorney to the Town. 3. The Town Board hereby directs Constance O. Smith, Supervisor to request that the New York State Legislature adopt appropriate legislation to permit the Town to transfer the parcel to Joseph and Evelyn Fulton in exchange for an equal parcel of land to be exchanged by Joseph and Evelyn Fulton to the Town; copies f the parcels to be exchanged are attached hereto respectively marked Schedule "A" and Schedule "B". 4. The Town Board further directs the Supervisor, Town Clerk, attorney to the Town and engineer to the Town to prepare and execute such documents that will be needed to effectuate this land transfer and to provide the New York State Legislature with all information necessary to adopt the required legislation. Roll Call Vote: 4 Ayes 0 Nays Councilman Valdati--Absent To: Joseph and Evelyn Fulton 0.043+_ Acre Parcel Town of Wappinger From: Town of Wappinger Dutchess County, N.Y. Beginning at a point, said point being at the southwesterly RM72792 corner of Lot No. 42 as shown on a map entitled "Serenity Mission" on file in the Dutchess County Clerk's Office as File Map No. 4279, said point also being the northwesterly corner of lands now or formerly the Town of Wappinger Liber 1346, Page 381, and said point also being on the easterly line of Montfort Road; thence leaving said easterly road line and said common corner and running along the common line between Lot No. 42 to the North and the Town of Wappinger to the South, South 760 16' 59" East 91.70 feet; thence leaving said common line and running through said lands of the Town of Wappinger, South 76o 06' 00" West 88.92 feet to a point being on the easterly line of said Montfort Road; thence running along said easterly road line North 3o 40' 30" West 43.19 feet, to the point of beginning containing 0.043+_ acres of land. To: Town of Wappinger 0.043+_Acre Parcel Town of Wappinger From: Joseph and Evelyn Fulton Dutchess County, N.Y. Beginning at a point, said point being at the southeasterly corner of Lot No. 42 as shown on a map entitled, "Serenity Mission" on file in the Dutchess County Clerk's Office as File Map 4279, said point also being on the northerly line of lands now or formerly the Town of Wappinger, Liber 1346, Page 381; thence leaving said southeasterly corner and running along the southerly line of said Lot 42, and the northerly line of said Town of Wappinger, North 76o 16' 59" West 96.40 feet; thence leaving said common line and running through said Lot 42, North 770 59' 20" East 90.42 feet, to a point being on the easterly line of said Lot 42 said point also being on the northerly line of said Town of Wappinger; thence running along said easterly line of Lot No. 42 and the northerly line of said Town of Wappinger, South 7o 07' 20" East 42.00 feet to the point of beginning containing 0.043+_ acres of land. A State Bid Sheet was received for a New DC 121 Town Patrol Car, total price $15,903.00. The Comptroller requested that the Board approve a transfer of funds to pay the total amount of the car. MRS. VISCONTI moved to transfer the amount of $15,903.00 from B fund, 3120.4 to 3120.2, for a 1992 Caprice Police Car for the Town of Wappinger Vandalism Patrol, and authorize the purchase of a 1992 Caprice Car for the Vandalism Patrol from the State Bid Sheet. Seconded by Mr. Wallace Motion Unanimously Carried Three requests were received from Mr. Holt, Chairman of the Recreation Commission. The first was to transfer $2,600 from B-7320.4 to B-7310.1 to cover payroll for playground personnel. This is due to a n'�to RM72792 mandate from the State which states requires 2 Counselors for every twelve (12) children so everytime there is an increase in enrollment, the Town has to hire more personnel. The second request was for permission to purchase a paint sprayer at an approximate cost of $1,500, to be used to paint all bleachers, playground equipment etc. to be expended from Account A-7110.2. The third request was to expend approximately $3,200 for sand for the volleyball courts on Montfort Road, to be taken from Account A-7110.4. The sand is another mandate from the State. MRS. VISCONTI moved to approve the requests submitted by the Recreation Commission --transfer of $2,600 from B-7310.4 to B-7310.1, payroll for playground personnel; purchase & P.O. for paint sprayer, $1,500, from Account A-7110.2; purchase & P.O. for sand for volleyball courts, $3,200 from Account A-7110.4. Seconded by Mr. Wallace Motion Unanimously Carried The Highway Superintendent, at the request of the Comptroller, wrote to the Board for approval for a transfer of fund in the amount of $216,464 from Highway Fund, 9950.90 DB to Capital Project, Highway Equipment 5031 HR, for the total amount of the two trucks, $216,464, as approved by the Town Board on June 22, 1992. MR. WALLACE moved to approve the transfer of funds requested by the Highway Superintendent, as stated, in the amount of $216,464, for the purchase of two new trucks. Seconded by Mrs. Visconti Motion Unanimously Carried Two bids were received for micropaving for Stoneykill and Ketchamtown Roads; the Highway Superintendent recommended that the bid be awarded to the low bidder, Peckham Materials Corp. RM72792 at $1.475. MRS. VISCONTI moved to award the bid for micropaving to low bidder, Peckham Materials Corp. at $1.475, as recommended by the Highway Superintendent. Seconded by Mr. Wallace Motion Unanimously Carried UNFINISHED BUSINESS --- At a previous meeting Mr. Zvi Segal had requested a transfer of approval already granted to Mr. Viverito for his lot on Sherwood Heights to be hooked up to Central Wappinger Water Improvement Area. The Engineer had requested additional information from Mr. Segal; he submitted a survey map which identified Mr. Viverito's lot and proposed location of house, also indicated on the survey was the 20' strip which Z & M Development owns. The driveway and proposed water line will be installed within the 20' strip and will enable connection to the existing water main in Sherwood Heights. Eventually it will become one lot. The existing policy of the Town is to give approval to the owner of the property for the connection; if the property is sold prior to the connection then the approval will have to roll over to the new owner by Town Board action. If the connection is already made, then the tenant approval goes with the property. MRS. VISCONTI moved to authorize the assignment of the approval of the tenant agreement for a water connection to the Central Wappinger Water Improvement Area from Anthony Viverito, 13 Sherwood Heights, to the Z & M Development Corp., contingent upon connecting to the system within one year from this date, and compliance with the rules and regulations of the Tenant Policy. Seconded by Mr. Wallace Motion Unanimously Carried RM72792 Motion Unanimously Carried Another item brought up by the Supervisor was a drainage ease- ment on property owned by Nurczynski, 29 HiView Rd., which was discussed at a previous work shop, and now required action by the Board to accept same. The correspondence referred to the J, location as Dorothy Heights, but the Engineer indicated it was part of the whole drainage project that included several areas and was identified as Dorothy heights drainage project. He note also, that the easement was actually on Valley Rd. and the other easement in that location, (Bojman) has already been accepted. The Attorney explained that it is a Town Policy for the Board to take this action. Mr. Wallace to accept the easement on Valley Rd. required for the drainage project to alleviate problems on Nurczynski property at 29 HiView Rd. Seconded by Mrs. Visconti motion unanimously carried It was so noted by the Attorney to the Town that on July 17, 1992 that Gov. Cuomo signed into law the papers for the easement for Reese Park, authorizing the easement for the Town portion of the Tri -Municipal line. In connection with the acquisition of Sewer Line Easements for the Wappinger Sewer transmission/Treatment Improvement, in Our Maintenance Supervisor, Joel Petrus, requested approval to put out to bid approximately 350 4 ft. fluorescent bulbs which are no longer in use in the Town Hall due to the energy audit that was performed and resulted in the use of two bulbs in the fixtures instead of four bulbs. MRS. VISCONTI moved to authorize Mr. Petrus to put these fluorescent bulbs out to bid, as requested. Seconded by Mr. Wallace Motion Unanimously Carried Another item brought up by the Supervisor was a drainage ease- ment on property owned by Nurczynski, 29 HiView Rd., which was discussed at a previous work shop, and now required action by the Board to accept same. The correspondence referred to the J, location as Dorothy Heights, but the Engineer indicated it was part of the whole drainage project that included several areas and was identified as Dorothy heights drainage project. He note also, that the easement was actually on Valley Rd. and the other easement in that location, (Bojman) has already been accepted. The Attorney explained that it is a Town Policy for the Board to take this action. Mr. Wallace to accept the easement on Valley Rd. required for the drainage project to alleviate problems on Nurczynski property at 29 HiView Rd. Seconded by Mrs. Visconti motion unanimously carried It was so noted by the Attorney to the Town that on July 17, 1992 that Gov. Cuomo signed into law the papers for the easement for Reese Park, authorizing the easement for the Town portion of the Tri -Municipal line. In connection with the acquisition of Sewer Line Easements for the Wappinger Sewer transmission/Treatment Improvement, in �&A"0 particular, the lands of Lauffer and Capolino, settlement proposals were put before the Board for their consideration. The following resolution was offered by Councilperson Visconti, who moved its adoption: RESOLVED, that in connection with the acquisition of Sewer Line Easements for Wappinger Sewer Transmission/Treatment Improve- ment through lands of Elisabeth Lauffer, the town Board hereby approves the Settlement proposal outlined in the letter of John Iannelli, Esq. to the Town Board, dated July 27, 1992. Seconded by Mr. Wallace Resolution duly adopted The following Resolution was offered by Councilperson Visconti, who moved its adoption: RESOLVED, that in connection with the acquisition of Sewer Line easements for Wappinger Sewer Transmission/Treatment Improvement through lands of the Estate of Margaret Capolino and Keith Capolino, the Town Board hereby approves the Settlement proposal outlined in the letter of Hon Holden Adams, Esq. to Albert P. Roberts, Esq., Attorney to the Town of Wappinger, dated July 13, 1992. Seconded by Mr. Wallace Roll Call Vote 3 Ayes Mr. Mills, Nay Resolution duly adopted Supervisor Smith informed the Board that the Annual Town Audit, for the year 1991, and prepared by the accounting firm of Sedore, O'Sullivan and Letterio, was received by her, and filed with the Town Clerk and open for public inspection. MR. WALLACE moved to accept the Town Audit for the year 1991, prepared by the firm of Sedore, O'Sullivan and Letterio, and place it on file. Seconded by Mrs. Visconti motion unanimously adopted A request was received from the Planning and Zoning Boards to RM72792 attend the Planning Federation Annual conference at Niagara Falls, November 8th thru the 11th. Since deposits must be submitted by August lst, the question of attendance was put on the Agenda now instead of waiting for the August meeting. Due to the early deadline, Mrs. Smith agreed to take action at this meeting, however, she did not feel that the Secretary to the Planning and Zoning Boards should be authorized to attend. She had already attended one conference this year, and Town Policy allowed attendance at only one conference annually. MRS. VISCONTI moved to approve the request for the Zoning Adm., Zoning Bd., and Planning Board members to attend the Annual Planning Federation Conference in November, excluding the Secretary to the Planning and Zoning Boards. Seconded by Mr. Wallace motion unanimously carried There being no other business to come before the Board, a motion was made and seconded to adjourn, however, an over- sight in recognizing a resident with a question interrupted the motion and the resident, Mario Verna, was recognized. Mr. Verna requested to borrow a copy of Alpine Development DEIS, claiming he did not have time available to him to review this document at the Town Hall. He felt copies should be available to the public for perusal at their leisure. Mrs. Smith explained documents wee costly, and they could not honor this request, however, she suggested that he borrow her copy. A brief discussion on pro- viding this service, possibly requiring deposit. They will discuss this further in the near future, as most filed documents may not be allowed to be taken from the offices in the Town Building. A brief discussion followed, with no final conclusions drawn. MRS. VISCONTI moved the meeting be adjourned, seconded by Mr. Wallace, and unanimously carried. MEETING ADJOURNED AT 8:42 P.M. C�(aAku�A zf't4w ht_ Elaine H. Snowden Town Clerk