1992-05-26 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MAY 26, 1992
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes Reg. April 27,192 Special May 11, 192
4. REPORTS OF OFFICERS: T/Justices Rec. of Taxes Sup/Compt.
Bldg. Insp. Zng. Adm. Dog Control Officer
5. PETITIONS & COMMUNICATIONS
a. NYSDEC Corr. Re: T/W Sewer Use Ordinance
b. J. Paggi, Eng. to Twn., submittal of Map, Plan & Report for
Oakwood Knolls W.D. Hydropneumatic Tank Replacement
c. J. Paggi, Eng. to Twn., Reports: (1) CWWIA#1 Fairchile Site
(2) Wapp. Sewer Transmission/Treatment improvement
d. Contrail Associates of Wappinger submission of application for
Rezoning parcel on Old State Rd. from PI to Highway Business
e. Request by,Jas. Klein for return of Escrow for Lot 30, Nicole Farm
Applebee's, Temp CO ($1500) & Consultant ($3620); D. Silvestri &
Sons $7823.49 (withdrawal of Site Plan)
f. G. Foster, H. Supt., Rockingham Drainage Easement
g. Applications for Hawking & Peddling Licenses from: Tammy Fielding,
Nicholas Minutolo, Paula Kessler, & Nancy Melara
h. Notice of intent to apply for Liquor License from SHINE TONE, Inc.
(Chinese Rest., Old Post Rd., Dynasty)
i. Request from Shelsea Fire Co. re: naming Field at Castle Point
Rec. Site, w/ recommendation from R. Holt, Rec. Ch.
J. Report from H. Levenson, Zng. Adm., re: LoGuidice property site
inspection - demolition of Swimming Pool
k. Report from Starcom Associates, re: refund due Town on Phone Bill
1. NYSDEC Corr. re:Small Business Tree Planting Program funding
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
H. Levenson report
8. RESOLUTIONS
a. Braker Demolition
b. ORDER calling a Public Hearing for Increase & improvement of
Facilities of the Oakwood Knolls W.D.
c. Consider appointment of Zoning Ordinance Consultant
9. UNFINISHED BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT
REMINDER: Public Hearing at 6:45 P.M. for Braker Demolition
RM52692
The :Regular Meeting of the Town Board of the Town of Wappinger
was held on May 26, 1992, at the Town Hall, 20 Middlebush Road,
Wappingers Falls, New York.
Supervisor Smith opened the Meeting at 7:07 P.M.
Present:
Constance Smith, Supervisor
James Mills, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Robert Wallace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Albert Roberts, Attorney
Joseph E. Paggi, Jr., Engineer
Graham Foster, Highway Superintendent
The Supervisor asked all to join in the Pledge of _%Ilegiance to
the Flag at the commencement of the Meeting.
The Minutes of the Regular Meeting of April 27, 1992 and. Special
Meeting of May 11, 1992, having previously been forwarded to the
Board Members,
were
placed
before
them for their
consideration.
Mrs. Visconti
noted
that on
Pg. 5
of the Regular
Meeting under
Petitions and Communications, requests to hook into various Town
sewer systems --Eugene Vest at 304 Cedar Hill Road must, have a
valid building permit prior to December 28, 1989, not December
31, 1990; on Pg. 3 of the Special Meeting of May 11, 1992, the
two residents who received permission to hook up to the Wappinger
Sewer Improvement Area #1 were Nidia Valle, 7 Eck Road and
Xnne-TMlari.e McCutcheon, 21.3 Cedar Hill Road.
MRS. VISCONTI moved that the above stated Minutes be and the,,-
are
heyare hereby approved, as corrected, as submitted by the Town Clerk.
Seconded by Mr. Valdati
Motion Unanimously Carried
Reports were received from the Town Justices, Receiver of Taxes,
Supervisor/Comptroller, Building Inspector, Zoning Administrator
and the Dog Control Officer for the month of April.
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MRS. VISCONTI moved to accept the Reports received and place them
on file.
Seconded by Mr. Mills
Motion Unanimously Carried
Mrs. Smith noted that the Dog Control Officer has been in the
hospital and the Custodian, Joel petrus, has been doing this ,job.
She added that he is doing an exc�ellent job and resolving some of
the problems that have existed tor months. He is receiving $10.00
per call which is the rate we have been paying. Mrs,. Smith added
that he answered a call on Diddell Road on a dog and raccoon
fighting and the dog owner tried to intervene. She did get ctat
up, but. Mrs. Smith didn't: hear the outcome of the fight between
the two animals. She mentioned that we hay°e had several rabid
raccoons in the Town.
PETITIONS & COMMUNICATIONS ---
Correspondence was received from the New Yor1i State Department.
of Conservation regarding the Town of 1,appinger Sewer Use
Ordinance. Mr. Paggi noted that one change was made regarding the
fine and he received a copy of their suggested model which he w 11
review and report back to the Board. The Ordinance has been
accepted subject: to the one change; the suggestions are optional.
MRS. VISCONTI moved to accept the cc)rrespor.dence and place it on
file pending the Engineer's review.
Seconded by Mr. Wallace
'lotion Unanimousl,- Carried
The Engineer to the Town submitted the Map, Plan_ and Report for
the Oakwood knolls Water District Hydropneumatic Tank Replacement
which requires a Public. Hearing
following Order for this purpose.
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The Attorney prepared the
In the Matter
of
The Increase and Improvement ORDER CALLING A
of Facilities of the Oakwood PUBLIC HEARING
Knolls Water District in the
Town of Wappinger, Dutchess
County, New York
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
WHEREAS, the Town Board of the Town of Wappinger, Dutchess
County, New York, has duly caused to be prepared a map, plan
report, and estimate of cost relating to the increase and
improvement of the Oakwood Knolls Water District within said
Town, consisting of the purchase and installation of a
hyd.ropneumatic pressure tank, including incidental appurtenances
and expenses in connection therewith, at a maximum estimated
cost of $30,500; and
WHEREAS, the aforesaid improvements have been determined to
be a Type II Action pursuant to the regulations of the New York
State Department of Environmental Conservation promulgated
pursuant to the State Environmental Quality Review Act, the
implementation of which as proposed, the Town Board has determined
will not result in any significant environmental effects; and
WHEREAS, it is now desired to call a public hearing on the
question of the increase and improvement of the facilities of
the Oakwood Knolls Water District in the matter described above,
concerning the same, in accordance with the provisions of
Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY
ORDERED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. A public hearing will be held at the Town Hall,
20 Middlebush Road, in Wappingers Falls, New York, in said Town,
on the 22nd day of June, 1992, at 6:55 o'clock P.M., Prevailing
Time, on the question of the increase and improvement of the
facilities of the Oakwood Knolls Water District within the
Town of Wappinger, Dutchess County, New York in the manner
described in the preambles hereof, and to hear all persons
interested in. the subject thereof, concerning the same, and to
take such action thereon as is required or authorized by law.
Section 2. The Town Clerk is hereby authorized and
directed to cause a copy of the Notice of Public Hearing herein-
after provided to be published once in the Southern Dutchess News,
the newspaper hereby designated as the official newspaper for this
purpose, and also to cause a copy thereof to be posted on the
signboard of the Town, such publication and posting to be made
not less than ten, nor more than twenty, days before the date
designated for the hearing.
Section 3. The notice of public hearing shall be in
substantially the following form:
NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Wappinger, Dutchess County, New York, will meet at the Town
Hall, 20 Mid.dlebush Road, in Wappingers Falls, New York, in
said Town, on the 22nd day of June, 1992, at 6:55 o'clock P.iv1.
Prevailing Time, for the purpose of conducting a public hearing
upon a certain map, plan and report including an estimate of
costin relation to the proposed increase and improvement, of
the facilities of the Oakwood Knolls Water District within the
R.M52692
Town of Wappinger, Dut.chess County, New fork, consisting of the
purchase and installation of a hydropneumatic pressure tank,
including incidental appurtenances and expenses in conne,tion.
therewith, at a maximum estimated cost of $30,500.
The project has been determined to be a Type II Action
for the purposes of the State Environmental Quality Review Act
which, as proposed, the Town Board has determined will not result
in any significant environmental effects.
At said public hearing said Town Board will hear all persons
interested in the subject matter thereof.
Seconded by: Councilman Mills
Roll Call Vote: 5 Ayes 0 Naps
A report was received from the Engineer who had received
notification from Camo Pollution Control that there was an
apparent leak in the water line servicing the Fairchild site.
It. is within the boundaries of their property and not under the
jurisdiction of the Town. In order to protect the water supply
of the Town and to facilitate the repair of the leak, the Town
has closed the water main at the backflow preventor on the Town
easement. He mentioned that it has never been defined who was
to maintain and service this device and recommended that the
Town take over this responsibility as it: would be in their best
interest, to insure proper operation of the device.
Mrs. Smith asked the Engineer if this meant that when the New
Hackensack Fire Company has their annual. Bavarian Fest, they won't
be able to get a water supply; the Engineer answered yes, that
would be the situation. The dates for the Fest are june 12, 13
and 14 so that does not give them much time to push for the repair
of the leak at Fairchild. Questions were raised regarding
possible pollution and what effect this leak would have on the
surrounding area.; Mr. Paggi explained that the line in question
was a dead end since 1986 due to the Town's request, backed up by
the Department of Health, that a backflow preventor be placed on
that: line; it was funded by Fairchild, it is below the Town ease-
ment and was dedicated to the Town in 1987. This protects the
Town residents from any contamination coming back to the main
line.
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1 q %
MR. MILLS moved to authorize the Attorney and Engineer to the
Town and Camo Pollution Control to draft a letter to the owners
of the Fairchild property requesting that they repair the leak in
the water line that services the site, and authorize Camo
Pollution Control to provide certification of the backflow
preventor on a yearly basis.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Correspondence was received from the Engineer, dated May 15, 1992
re Wappinger Sewer Transmission/Treatment Improvement. He pointed
out that this was reviewed at their last work shop and asked that
they further review its contents in conjunction with another
letter dated May 26, 1992 which they should receive tomorrow.
After review, they should contact him with any comments and/or
questions on the subject matter.
The following Resolution was moved by COUNCILWOMAN VISCONTI
and seconded by Councilman Valdati
WHEREAS, the Town Board, by resolution adopted on the 27th
day of January, 1992, requested the New York State Legislature to
authorize, by special legislation, an easement for the
construction of a sewer trunk line through Reese Park, in
accordance with a survey map prepared by Paggi and Martin,
entitled "Proposed Easement, Reese Park, Wappinger Sewer
Transmission/Treatment Improvement" dated May 31, 1991 and last
revised on January 8, 1992; and
WHEREAS, the resolution adopted January 27, 1992 was amended
by resolution dated March 23, 1992, which resolution authorized
a Grant of Easement to the Town of Poughkeepsie and the Village
of Wappingers Falls on behalf of the Tri -Municipal Sewer
Commission so that the Tri -Municipal Sewer Commission could
construct a portion of the sewer trunk line and necessary
appurtenances through Reese Park as well as conduct appropriate
test borings; and
WHEREAS, the engineers to Tri -Municipal Sewer Commission., in
consequence of their studies and engineering investigations, have
requested that revisions be made to the easement areas to be
located through Reese Park, as more particularly set forth on. a
survey map prepared by Paggi and Martin, entitled "Proposed
Easement, Reese Park, Wappinger Sewer Transmission/Treatment
Improvement" dated May 31, 1991, last revised May 22, 1992; and
WHEREAS, the New York State legislature must authorize the
grant of easement to the Town of Poughkeepsie and the Village of
Wappingers Falls on behalf of the Tri -Municipal Sewer Commission;
and
WHEREAS, the New York State Legislature also proposes to
authorize the easement to be used by the Town of Wappinger on
behalf of the Wappinger Sewer Transmission/Treatment Improvement
RM52692
also as set forth on the above referenced.. map.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS;
1. The Town Board hereby amends its resolutions of January
27, 1992 and March 23, 1992 by revising the easements t.o be
granted to the Town of Poughkeepsie and the Village of Wappingers
Falls on behalf of the Tri-Municip:l Sewer Commission and the
Town on behalf of the Wappinger. Se;.�er Transmissicn/Treatment.
Improvement for the construction, installation, and maintenance
of a sewer trunk line and appurtenances including underground
surge tanks, through Reese Park, as more particularly sett forth
on a certain survey- map prepared by Paggi and Marlin, entitled
"Proposed Easement, Reeser Park, Wappinger Sewer Transmission/
Treatment Improvement" dated May 31, 1991, and last rev s:>d or
May 22, 1992. A copy of the metes and bounds decr--iption of the
revised easement is attached heretc:a, marked and designated
Exhibit "A"
2. The Town Board further requests that the `:et> York State
Legislature adopt appropriate legi.slati.on to permit the Town to
grant the subject easements to the Town of Poughkeepsie and
Village of Wappingers Falls o?z tehalf of the Tri -Municipal Sewer
Commission and the Town of Wappinger ::n behalf of the i,appinger
Sewer Transmission/Treatment Improvement as set forth on the
above referenced map.
3. The Town Board further directs and authorizes Constance
0. Smith, Supervisor, and Elaine Snowden, Town Clerk, to execute
ail documents necessary to effectuate the intent of resolution
and to forward a copy of same to the Nei,: Fork State Senate and
the New,rork State Assembly.
4. Upon receipt of the appropriate legislation, C'onstanc-
0. Smith, Supervisor, is hereby authorized to execute tyrants of
Easement in favor of the Town of Poughkeepsie and `.7iliage of
Wappingers Falls on behalf of the Tri -Municipal Sewer Cor. -mission
and to the Town of Wappinger on bthal.f of the Wappinger Sewer
Transmission/Treatment Improvemen': ii,, the form previously approved
by this Board.
Roll Call Vote: 5 Ayes 0 Naas
Resolution Duly Adopted
SCHEDULE "A"
From: Town of Wappinger ("Reese Park") Permanent Easement ��o.i
of 2, 0.296+ Acre Parcel
To: Wappinger Sewer 'T'ransmission/ Town of Wappinger
Treatment Improvement Area Dutchess t_cuntr, N.Y.
Beginning at a point, said point, tieing on the northerly line of
lands now or formerly Reese, Liber 1233, Page 817 and sa-'d point
being distant, South 43o 33' 10" East 1310.68 feet anti South 45o
20'40" East 297.53 feet from the northwest, corner- of lards now
or formerly Town, of Wappinger, I_ik,er 112, Page 12, also known as
"Reese Park"; thence leaving said point of beginning and northerly
line of Reese and running through "Reese Park" tht: follcr,:irg
courses and distances: North 0`o :32'10" West 26.05 feet, North
43o 08' 00" West 181.10 feet, NOrt,h 050 37' 40" East 212.05 feet
North 72o 51' 20" East 30.62, South 05o 37' 40" gest 192.31 feet,
South 43o 08' 00" East 178.90 feet and South 010 32' 10" Fast
68.73 feet: to a point being on the no,therly line c.f said Reese;
thence running along said northerly line, North 150 20" 40" West
43.34 feet to the point of beginning containing 0.296+ ac. -es of
land.
RM52692
From: Town of Wappinger (Reese Park) Permanent Easement. No.2
of 2, 7.899+ Acre Parcel
To: Wappinger Sewer Transmission/ Town of Wappinger
Treatment Improvement Area Dutchess County, New York
Tri -Municipal Sewer Commission
Beginning at a point, said point, being at the northwest corner of
lands now or formerly Village of Wappingers Falls and the
northeast corner of lands of the Town of Wappinger also known as
"Reese Park", Liber 412, Page 12, said. common corner being on the
easterly line of Creek Road; thence leaving said common corner and
said easterly road line and running along the southerly line of
said Village of Wappingers Falls the following courses and
distances: South 620 38' 10" East 48.57 feet, South 330 52' 00"
East 95.03 feet, South 760 21' 20" East 90.85 feet., South 510 16'
20" East 98.40 feet, South 230 52' 50" East 42.15 feet, South
240 41' 50" East 285.98 feet, South 750 03' 40" West 11.70 feet
and South 380 35' 20" East 205.02 feet; thence leaving said
southerly line of the Village of Wappingers Falls, and running
through said lands of the Town of Wappinger (Reese Park), the
following courses and distances: South 370 16' 10" East 127.75
feet, South 130 55' 50" East 155.98 feet, South 120 10' 20" West
203.18 feet, North 720 51' 20" West 30.62 feet, North 310 31' 20"
West 213.05 feet, North 00o 07' 40" West 164.85 feet North 100 25'
20" West 94.11 feet, South 790 34' 40" West 125.00 feet, North 100
25'20" West 305.00 feet, North 790 34' 40" East 125.00 feet, North
100 25' 20" West 176.00 feet, North 120 19' 550" West 170.55 feet,
North 170 09' 10" West 102.75 feet, North 23o 15' 50" West 56.1i
feet, North 38o 28' 10" West 184.56 feet and North 470 30' 50"
West 51.37 feet, to a point being at the northeast corner of lands
now or formerly Lupparelli, said point also being on the afore-
mentioned easterly line of Creek Road; thence leaving said
northeasterly corner and running along the easterly line of said
road, North 340 05' 20" Eat 131.38 feet to the point of beginning:
containing 7.899+ acres of land.
From: Town of Wappinger (Reese Park) Temporary Easement. No. 1
of 1, 0.097+ Acre Parol
To: Wappinger Sewer Transmission/ Town of Wappinger
Treatment Improvement Area
Beginning at point, said point being on the northerly line of
lands now or formerly Reese, Liber 1233, Page 817 and said point
being distant, South 430 33' 10" East 1310.68 feet and South
450 20' 40" East 283.08 feet from the northwest corner of lands
now or formerly Town of Wappinger, Liber 412, Page 12 also known
as "Reese Park'"; thence leaving said point, of beginning and
northerly line of Reese and running through "Reese Park" the
following courses and distances: North 010 32' 40" West 11.83
feet, North 43o 08' 00" West 181.84 feet, North 050 37' 40" East
229.78 feet, South 310 31' 20" East 16.56 feet, South 050 37' 10"
West 212.05 feet, South 43o 08' 00" East181.10 feet, and South
010 32' 40" East 26.05 feet to a point being on the northerly
line of the aforementioned Lands of Reese; thence running along
the northerly line of said Reese, North 45o 20' 40" West. 14.15
feet to the point of beginning containing 0.097+ acres of land.
A Rezoning Application was received from Contrail Associates.
to change their parcel on Old State Road from Planned Industry
to Highi.ay Business.
RM52692
MRS. VISCONTI molted to table action on this requesi_ pending
discussion at the June 8th, 1992 work shop.
Seconded by Mr. Valdati ",lotion Unanimously- Carried
A request was received from James Klein for return of escrow fees
in the amount of $1,000 for completion of seeding Lot =30, Nicole
Farms. The Building Inspector certified that the work was
completed and. recommended return of the escrow.
MRS. V'ISCONTI moved to approve the return of the escrow fee of
$1,000 to James Klein for completion of work at, Lot. � �':0, Nicole
Farms, based on the recommendation of the Building Inspect.or.
Seconded by Mr. Wallace
Motion Unanimously Carried
Requests were also received from Applebee's Neighborhood Grill
and Bar, for return of $1,500 for Temporary C.O. and Consultant.
Fees of $3,620; Silvestri &, Son, 87,823.49, withdrawal of site
plan. The Zoning Administrator recommended refunds of these
escrow fees.
MRS. VISCONTI moved to refund the escrow fees to Applebee's
in the amount of $1,500 and $3,6120 and to Silvestri F Son in the
amount of $7,823.49, upon the recommendation of the Zoning
Administrator.
Seconded by Mr. Wallace
Motion Unanimously- Carried
Correspondence was received from the highway Superintendent
regarding dumping at the Rockingham Drainage Easement. He pointed
out that last year the Town spent in excess of $100,000 to clean
this easement and upon inspection he and a representative from
the Engineer's office found logs, branches, and another section
had parts of a swimming pool, also tires. He recommended that
the Town forward letters to the surrounding residents apprising
them of this situation and the fact that there are -penalties for
dumping.
Mrs. Smith had a list of names from the Assessor's Office and
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1tj�
i,rote a sample letter_ for the Board to review and either add or
delete whatever they felt covered the situation.
MRS. VISCONTI moved to authorize the Supervisor to Tari.te to the
residents of the area of the Rockingham easement informing them
of the purpose of the easement and the importance of keeping it
clean, also emphasizing the fact that there are penalties for
violation of the dumping law.
Seconded by Mr. Valdati
Motion Unanimous!)- Carried
Peddling License Applications were received from Nicholas
Minut.olo, Paula Kessler & Nancy Melara; pending f. -(--,m last month
are J. Mi.nutolo and Mr. Scarchelli.
Mrs. Smith said they could not act on these tonight since the
Ordinance required more discussion which they could address at
the June 8th work shop.
MR. MILLS moved to table action on Peddling Licenses pendia;
further discussion at the work shop.
Seconded by Mrs. Visconti
Motion Unanimouisiv Carried
MR. MILLS moved that no Peddling Licenses be renewed until a
determination has been made by the Town Board in re=gard to
amending the Peddler's Ordinance.
Seconded by Mrs.Smi.th
Motion Unanimously Carried
A Notice of Intent to apply for a liquor license was received
from Mr. Sapienza for the Chinese Restaurant now known as
Dynasty.
MRS. VISCONTI moved to accept the notification and place it on
file with no comments.
Seconded by Mr. Wallace
Motion Unanimously Carried
A request was received from the Chelsea Fire Company to consider
naming the field at the Castle Point Recreation Site after Peter
RM52692
Coughlin, recently deceased. Thea- felt that. Peter dedicated his
life to the community and the Fire Company and deserved this
recognition. Mrs. Smith had referred this request to Mr. Holt,
Chairman. of the Recreation Commission for his review and
recommendation. He researched this matter and noted that this
land was named the "Dratz-Deegan Field" back in 1980. He pointed
out that. the Board had approved a Policy submitted by the
Recreation Commission stating that in the naming of parks and/or
fields, the person should have made some contribution to the
recreational enhancement, of the Town. Although Mr. Coughlin was
an honored citizen, Mr. Holt noted that naming a field in his
honor was not the appropriate action and felt:, they should come up
i..ith some other honor more in line with his contribution to the
Town.
MRS. VISCONTI moved to authorize the Supervisor to respond to
the Chelsea Fire Company informing them that the field has already
been named, as indicated by Mr. Holt, and reinforce `he fact that
the Policy submitted by the Recreation Commission and accepted by
the Town Board in regard to naming fields, etc., Till be
maintained.
Seconded by Mr. Mills
`'lotion Unanimousli Carried
Mr. Mills asked who the gentlemen were--"Dratz-Deegan"; the Town
Clerk responded that Dr. Dratz was the administrator of Castle
Point and both he and Dr. Deegan were instrumental in acquiring
the land for the Town.
A report was received from Mr. Levenson, Zoning _'administrator
regarding encroachment of swimming pool on ToG7n property by Mr.
LoGiudice, at 33 Daisy Lane. The s..imming pool has been
demolished, the area has been seeded and the electric service
has been disconnected. The fence has %et to be removed, Mr.
Levenson noted, but the owner is presently out of toT:n.
MRS. tiISCONTI moved to place the report on file, request Mr.
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Levenson to follow up on the removal of the fence and report to
the Town Board.
Seconded by Mr. Wallace
Motion Unanimously Carried
A report was received from Starcom Associates, Inc., the firm
retained to do a Town telephone audit, advising the Supervisor
that the Town is due a refund from the New Fork Telephone Company
in excess of $10,000.00 on account number 297-9151, Highway
Department telephone. The Town will net about $5,000.00 of this.
MRS. VISCONTI moved to accept, the correspondence and place it
on file.
Seconded by Mr. Wallace
Motion unanimously Carried
Mrs. Visconti felt that the Supervisor should be congratulated
for pursuing this matter with Starcom Associates i:hich resu'_ted
in a $5,000 gain to the Town. The Supervisor pointed out that the
Comptroller
deserves
credit, also; she and Mr. Foster
found
this
error last
year, and
the company was instrumental in
paving
the
way to acquiring the refund.
The next item disappointed the Supervisor when she was informed
by the D.E.C. that our application for the National Small Busines,-
Tree Planting Program for 1.992 was not selected for funding.
It seems they were swamped with applications requesting almost
two million dollars for this program. They were hopeful that the
program would gain Congressional support for 1993 and the funding
would increase to allow more grants to be selected.
MRS. VISCONTI moved to accept the correspondence and place it
on file.
Seconded by Mr. Wallace
Motion ;Jnanimously Carried
COMMITTEE REPORTS ---
Mr. dills had no reports for this Meeting.
RM52692
Mrs. Visconti, Recreation -- commend_ed. the Commission t'or the
brochure they put together, with background of summer programs,
etc. and they are looking for x,a,,-s to convey this to the public;
further discussions on ways to accomplish this will. be planned.
They warted to have it printed, as suggested by "Irs. Visconti,
but since it will change every ;:ear, they felt it would be too
expensive. They thanked her for her interest and could welcome
any other suggestions she may have.
Mr. Valdati recommended that one of these brochures be forwarded
to the Village of Wappingers Falls indicating the activities that
are available to the Village residents. Mrs. Smith made the point
that: the Town pays for all the flags for the Veterans' graves
when they honor them on Memorial. Day. lie conceded that, but asked
if he could have a list: of the categories that the Village
residents are entitled to, and since he is the C'oun,il-person for
that Ward, Mrs. Smith suggested that he work on this pro,ect; he
agreed but asked that she go over the budget items with him.
Mr. Wallace had no reports for this Meeting.
BONDS &: LETTERS OF CREDIT ---
The update on the status of current Bonds & Letters of Credit
from Mr. Levenson stated that the Kablaoui r3 Subdivision Bond
has expired and the drainage easements have not been resolved.
Mrs. Visconti asked about, the Ketchamtown Development Corp. r'Thich
is also Noto Subdivision; Mr. Levenson responded that the bond
was previously reduced from 5500,72=1.00 to 88250,722.00 u.pon a
public hearing by the Planning Board and acceptance by the Town
Board. Mr. Levenson said this was, already taker care of and the
bond has been reduced.
MRS. VISCONTI moved to accept: the Report and place it on file.
Seconded by Mr. Wallace
�1c,tion Unanimously Carried
RESOL17TIONS ---
A Public Hearing was previously heli by the Town Board cith
respect to the proposed repair or c.emol ition of tale structure at
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SI;tl
36 Old Route 9, owned by Braker Associates, Ltd.
The following Resolution was moved by COUNCILMAN VALDATI and
seconded by Councilwoman Visconti:
WHEREAS, Braker Associates, Ltd. (the "corporation/owner"),
is the fee owner of certain real property situate in the Town of
i0i Wappinger, Dutchess County, New York, located at 36 Old Route 9,
and identified by tax grid. #19-6157-02-543900-00 (herein referred
to as "the property"); and
WHEREAS, the property was improved by several buildings,
including an unoccupied residential structure (the "structure"),
which structure was substantially damaged by fire on or about
October 20, 1991; and
WHEREAS, on or about October 21, 1991, the owner was served
with a notice by Mark Lieberman the Fire Inspector of the Town of
Wappinger directing that the structure be demolished and removed
from the property; and
WHEREAS, the owner did not maintain any fire insurance or
hazard insurance coverage for the structure; and
WHEREAS, the owner acknowledges that the structure must be
demolished and completely removed and must be made safe; and
WHEREAS, pursuant to an affidavit signed on February 18,
1992, by Rose Braker (the "Braker Affidavit"), the only officer,
director, employee and stock holder of the corporation, copy of
which affidavit is attached hereto, the owner consents to the
demolition of the structure and its removal by the Town of
Wappinger and acknowledges that all costs associated with such
demolition, removal, and making the property safe, including
legal and engineering fees, will be assessed and levied against
the property, with the costs thereof included in the next State,
County and Town tax bill to be issued in January of 1993; and
WHEREAS, among other things, the affidavit further
acknowledges that in the event that the owner sells the property
prior to the levy of the 1993 State, County and Town tax
bill, all costs incurred by the Town of Wappinger in connection
with the demolition of the structure, and all related costs in
connection therewith, which would otherwise have been assessed
to the real property tax bill, shall be paid from the proceeds
of the sale. In addition, the owner further agrees to indemnify
safe and hold harmless any innocent bonafide purchaser for value
from any of the costs incurred in connection with the demolition,
removal and rendering safe and set forth herein and in the Braker
Affidavit; and
WHEREAS, Mark Lieberman, Fire Inspector of the Town of
Wappinger, by written report dated March 23, 1992, has further
advised the Town Board of the deteriorating condition of the
aforementioned structure located at 36 Old Route 9 in the Town,
identified under tax parcel number 19-6157-02-543900-00; and
WHEREAS, in consequence of said report, the Town Board
caused a "Notice to Repair or Remove Unsafe Structure" to be
served on Braker Associates, Ltd. directing the owner to commonce
the repair or removal of the structure by May 29, 1992, and to
complete such repair or removal no later than June 30, 1992 in
accordance with Town Law Section 130 and Town of Wappinger Local
Law #8 of 1982; and
WHEREAS, a copy of said 'notice to Repair or Remove Unsafe
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Structure was duly served upon Braker Associates, Ltd. on May 5,
1992; and
WHEREAS, a copy of the Notice to Repair or Ret;love t'nsafe
Structure was filed in the Dutchess County Clerk's Office on or
about May S, 1992 in the same manner as a Noti-cc' of Pendency; and
WHEREAS, Mark Lieberman, Fire Inspect,;.- of the Tot'
n of
Wappinger, by written report dates_ May 20, 1992 has advised the
Town Board that the property owner, Braker Associates, Ltd., has
not begun, and will not begin the repair or removal of the unsafe
structure in accordance with i-ts specifi.c consent that the
proposed demolition be undertr kc -n by the Town; ar!d
WHEREAS, the Town Board hereby determines that it is in the
interest of public health, safet; and welfare of the residents of
the Town of Wappinger to cause the removal of such structure
located at 36 Old Route 9, Torn of Wappinger, identified by tax
grid #19-6157-02-543900-00; and
WHEREAS, Mark Lieberman, Fire Inspector of the -Town of
Wappinger, and Thomas Classes~, Building Inspector of the Town of
Wappinger, are authorized to solicit bid proposals for the
demolition of said unsafe structure pursuant to the report of the
Fire Inspector, the consent. of the owner, and the Town Board's
determination herein; and
WHEREAS, the Town shall cause the -emoval of` the demolition
debris caused by the demolit,ioti of the subject structure, by
Royal Carting, pursuant to the Bulk Recycling Bid for calendar
year 1992 previously awarded to Royal _ Carting; and
WHEREAS, Town Law Section 130 authorizes the assessment of
all costs and expenses incurred by the Town in connection with
these proceedings, including, but not limited to, the costs of
demolition and removal of the utas; -if(- Structure and attorneys'
fees against the land on which the unsafe structure Is located;
and
WHEREAS, the Town Board hereby directs that all costs
incurred by the Town in the demolition and removal of the unsafe
structure shall be assessed and levied against the subject parcel
identified as tax parcel number 19-6157-02-543900-00 owned by
Braker Associates, Ltd.; and
WHEREAS, the Town Board has reviewed this acct.i.on to
demolish and remove the demolition debris of the structure at 36
Old Route 9 with respect to SEQP_'1, ;_.nd has determined that the
demolition of the subject structure will not create an;;- adverse
environmental impacts.
NOW, THEREFORE, BE IT RESOLVED 1S FOLLOWS:
1. The Town Board hereby determines pursuant to Town Law
Section 130 that the structure located at 36 Route 9 in the Town
of Wappinger, located on premises more particularly identified as
tax grid number 19-6157-02-513900-00, owned by Braker :Associates,
Ltd., be and hereby is declared to be an unsafe structure which
poses a danger to th--public health, safety, and welfare of .-he
residents of the Town of Wappinger. The Town Board hereby orders
and directs its demolition and removal pursuant t: its findings
and in accordance with the request and. consent of the owner as
stated in the Braker Affidavit.
2. The Town Board determines that it is the only involved
agency in this action in authorizing the demoliti,,,n and removal
of the aforementioned unsafe structure and hereby declares itself
Lead Agency Pursuant, to Article S EC:L and the Related 'ni t l e 6,
Part 617-NYCRR.
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3. The Town Board has caused to be completed Pert 1 and
Part. 2 of the short form EAF for this project in the form annexed
hereto.
4. The Town Board has reviewed the intended action with
respect to the criteria set forth in Part 617.11 NYCRR and hereb--
determines that the intended action to wit: authorizing the
demolition and removal of the aforementioned unsafe structure
will not create any significant adverse impacts on the environment.
and hereby issues a Negative Declaration of Significance for this
action.
5. The Town Board hereby authorizes the Supervisor to enter
into a contract with the individual or entity submitting the
lowest bid proposal for proper demolition of the unsafe structure,
plus the costs of any requisite permits or fees, if any, which
demolition shall be done in accordance with the rules and
regulations, local laws and ordinances of the Town of Wappinger or
of any other municipal agency having .jurisdiction cover the
premises.
6. The Town Board directs the Town Supervisor, Town
Building Inspector and the Town Assessor to determine all costs
and expenses incurred by the Town herein and that said costs be
assessed and levied against the land on which the unsafe structure
is located, identified as tax grid #19-6157-02-543900-00, as
provided by law.
7. The Town Board also authorizes thatthe costs and
expenses incurred by the Town herein be satisfied by the proceeds
of sale in the event that the property is sold in accordance i'i.th
the covenants and promises set forth in the Braker Affidavit.
8. The Town Supervisor is hereby authorized to execute
Part 3 of the short. form EAF and further directs the Town Clerk
to provide for the distribution of same as provided by law.
Roll Call Vote: 5 Ayes 0 Nays
Since it was brought out at the Public Hearings that there may
be hazardous wastes on the Braker premises, there is a possibility
that this resolution may have to be amended prior to the proposed
demolition of the structure.
The Supervisor scheduled a Special Meeting on June 8, 1992, for
the purpose of amending the Resolution Ordering the Demolition of
the Braker Associates, Ltd., property located at 36 Old Route 9.
if, after investigation they find it necessary.
The next item, the Order Calling a Public Hearing for the Increase
and. Improvement of Facilities of the Oakwood Knolls Water District
was addressed previously under Item 5b, Engineer's submittal of
Map, Plan & Report for Oakwood Knolls Water District
Hydropneumati.c Tank Replacement.
The appointment of a Zoning Ordinance Consultant was the next
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item for the Board's consideration.
MRS. VISCONTI moved to appoint Matthew Rudikoff Associates as
the Zoning Ordinance Consultant for preparation of Phase 1, per
proposal submitted, at a cost of $3,200.00.
Seconded by Mr. Wallace
Roll Call Vote: 3 Ayes Mr. Mills ---Nay Mr. Valdati-Nay
Motion Carried.
Prior to the vote a discussion ensued on the proposal submitted
by Raymond Arnold brought up by Mr. Mills who felt they should
wait for Mr. Arnold's Draft: Zoning Publication which stated
in his proposal, completion by May 29, 1992. The Supervisor
does have this Publication, however, it is not complete, as
promised. It appeared to her that this problem has existed
in whatever he undertakes--i_L is never exactly what they ask for
and it is never on time. She Yant.s to move ahead and in her
opinion they should appoint the firm that can do the .yob in the
time frame they are aiming for. Mr. Valdati suggested that they
review the document submitted and table action until the Special
Meeting of June 8, 1992. ;After all Board 'Members had expressed
their view, the Supervisor called for a Roll Call Vote and the
Motion was Carried.
UNFINISHED BUSINESS ---
Mr. Wallace requested to replace his appointment on the Board of
Ethics since this person was serving on another Board and he felt
it could be a conflict of interest.. He would name his new choice
for this Board at the next meeting.
On the same subject, Mr. Mills stated that he had not :rade his
appointment to this Board and at this time he would like to
submit his choice for the Board of Ethics.
Councilman Mills offered the name of ----------Hubert E. Schaller
Mr. Valdati asked the status of nhe speed limit on the Town
Roads which was previously recommended by the State to set at
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30 MPH. Mrs. Smith, Mr. Roberts, Mr. Paggi and Mr. Foster had a
discussion on this and made the determination that they wanted to
make a few exceptions to the proposed Town -wide speed limit.
They now want to discuss this with the full Board and this will
be on the June 8, 1992 work shop.
Mrs. Smith reported that we will receive $16-0,606.58 on the
mortgage tax and the Village receives $12,318.79 -from the County.
The Town share goes into the "A" fund, thus benefiting the Village
as they will also get. a percentage of the Town portion.
A .Late letter was received from Assessor Thomas Logan regarding
initiating an "Article 78" on the new Assessment Rate which could
be costly but he suggested sharing this with the Town of
Uniondale and perhaps other municipalities.
The Supervisor suggested further discussion on the matter and
scheduled it on the June 8, 1992 work shop.
Joseph Incoronato was recognized by the Chair and asked if the
Board had reviewed the suggested "Recall Legislation" he had
I)resented at the last meeting. Mrs. Smith responded that she and
Mr. Valdati are reviewing it but she has a problem with the 259
signatures as being too low a number. Mr. Incoronato ga:re figures
which he felt justified this percentage. Mr. Valdati's problem
with the document; was that it did not provide for due process.
Mrs. Smith had contacted Audit and Control for a possible
precedent in another area and they informed her bi letter that
the Town did have an avenue to take. Mr. Incoronato argued tzat
this would be the judicial process which would be very costly;
what he has suggested would give the people an opportunity to
take action without the cost involved. Mrs. Smith repeated her
concern with the percentage and Mr. Valdati. again expressed his
opinion, after a lengthy discussion, that it lacks due process;.
Mr. Incoronato was informed that they would review some of the
rules forwarded. from Audit and Control on the subject and get
back to him.
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NEW BUSINESS ---
A request was received from Patricia Maupin, Receiver of Ta,;es
to attend the Annual Training Semirar for Tai; Collecting Officers
to be held from June 14 to June 17, 1.992 at Ellen,rillFe, New York.
She plans to spend one day at the Seminar and the cost i�i.11 be
$50.00 per official, registration fee.
MRS. VISCONTI moved to grant. permission to Mrs. Maupin, Receiver
of Taxes, to attend the annual Training Seminar at Elienville,
New fork, as requested, and all legitimate charges ,ill be a
Town charge.
Seconded by Mr. Wallace
Motion unanimously- Carried
There was no other business to come before the Board.
MRS. VISCONTI moved to adjourn the Meeting, seconded by Mr.
Wallace and unanimously carried.
The Meeting adjourned at 8:10 P.M 'Z
Elaine H. Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of Wappinger
on May 26, 1992, at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York, on the proposed Demolition or Repair of Structure
at 36 Old Route 9, owned by Braker Associates, Ltd.,
Supervisor Smith opened the Hearing at 6:50 P.M.
Present:
Constance Smith, Supervisor
James Mills, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Robert Wallace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Albert Roberts, Attorney
Joseph E. Paggi, Jr., Engineer
Graham Foster, Highway Superintendent
Mark Lieberman, Fire Inspector
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
Mr. Lieberman, Fire Inspector said he inspected the property today
and declared it a hazard to health and safety. It is also possible
that there are hazardous wastes on the premises from paints, varnishes,
plastics, etc. The D.E.C. will have to be contacted for the list
they made following their inspection and if this is the case, these
materials will have to be separated from the normal debris.
In light of this information, Mrs. Smith set a Special Meeting for
June 8, 1992 at 6:45 P.M. to vote on the Resolution to Demolish the
structure which they had planned -for .tonight' s meeting but`' the -pjevture
has trout chetrged. If .there are hazardous wastes on the premises, permits
will have to be issued by the D.E.C. and there will be additional costs
involved.
Mr. Lieberman added that he talked to a D.E.C. Officer today who
advised him to contact that office and have them check out the property
for these wastes, otherwise the Town could be held libel. Since it
appears that this project might be more costly than they originally
calculated and based on this the Supervisor advised Mr. Lieberman
that they should go to bid on the demolition rather than proposals.
Mr. Lieberman received three proposals which he said he would
return and request bids.
Mr. Valdati asked that they put signs and/or barriers of an official
nature on the property since there is a possibility of hazardous
wastes on the site. There are children playing there at times
and they should be alerted to this fact.
Mr. Mills thought they should demolish the building and leave it
in a pile and sort it when we get a D.E.C. decision.
The answer was no, they cannot disturb the contents, the hazardous
wastes have to be kept separate. It was agreed to post the property
and board up at least the first floor entries.
Attorney Albert Roberts told the Board that the Resolution they will
adopt at the Meeting basically authorizes the demolitionrl which means
they can go on the property and to the preliminary work, then the
Resolution can be amended; this way they will be authorized to go
on the site. The Attorney originally advised the Board not to adopt
this Resolution until he made the changes, however, since it will
allow them on the property to post and secure it, he preferred that
they adopt it and amend it when they receive the D.E.C. findings.
There were no other comments or questions on the subject matter.
MRS. VISCONTI moved to close the Public Hearing, seconded by Mr.
Valdati and unanimously carried.
The Hearing closed at 7:03 P.M. , )
Elaine H. Snowden
Town Clerk