1991-08-26 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
AUGUST 26, 1991
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes Reg. July 22, 1991
4. REPORTS OF OFFICERS: Sup/Compt. Town Justices Receiver of Taxes
Dog Control officer Bldg. Insp. Zng. Adm.
5. PETITIONS & COMMUNICATIONS
a. Certiorari Carl Swenson vs Town of Wappinger, Assessor & Bd. of
assessment Review With corr. from D. Hagstrom, Attny, & T. Logan
b. Certioraris served on Town from: (1) Cedar Hill Dev., Inc.
(2)Friendly Acura (3) Wendcello Corp.(4) Imperial Plaza Partnership
(5)Waldbaum Inc. (6)Leemilts Petroleum, Inc. (7) Wappinger Falls
Plaza Associates (8) Wappinger Falls Owners Corp. (9) Brack
Construction Co. (10) T.H. Baker & Charles Gilbride
c. Wassaic Development Dis. Services Offices re: establishment of
community residential Facilities in Town
d. F. Buyakowski re: Recreation Land Transer
e. Robert Haas re: Certificate of Occupancy
f. Chas. & Janet Wurms request to hook up to Wappinger Sewer Imp.
g. Notification of intent to renew liquor licenses from: 1. Jose J.
Cardoso 2. Gail & Chas. Geary
h. G. Foster, H. Supt. re: request to sell 1970 Flusher truck
i. .Notices of Public Hearings from towns of Newburgh and Fishkill on
Zng. Ord. Amendments
j. Authorize Supervisor to sign agreement with County Youth Division
for Town Recreation program
k. Request return of Engineering & Soiteplan Escrow f $184 by Michael
Marcello
1. Request from Plug. Bd, Zng. Bd. of Appeals & H. Levenson to attend
NYS Federation Seminar 11/17 thru 11/21
m. Sherwood Hghts residents petition for 15 mph Speed limit on Sherwoc
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Pacific States Land corp. aplication for a Cluster Subdivision
-b:- R. Rosenberg & S. Silver request subdivision of Rosenberg Parcel
from Chelsea Ridge Apt. Complex
c. Consider awarding bids for (1) Fire Inspector Car (2)Lift for
Highway Garage (3) Accept bid for Surplus Highway Tractor
d. Authorize Engineer to Town to proceed with plans & Specs for CWWIA#:
e. Authorize Assessor to prepare Assessment Rolls for Water & Sewer
Benefit Assessment Areas and Districts
f. Resolution for appointment of Deputy Court Clerk
g. Resolution for appointment of D. Shwartz to Civil Service position
h. Introduce Local Law for establishment of Rates for Atlas Water &
set public Hearing
i. Consider acceptance of agreements with Attorney and Engineer to
represent Town with Tri Municipal
j. Adopt revised Policy for Tenant to Water and/or Sewer Districts
K. Consider awarding bid for Drainage Project -Rockingham Farms
8. UNFINISHED BUSINESS
a. Gordon Robbins, Losee Rd., re: request to Hook up to CWWIA11 as
Tenant to District
b. Report on Dagnone Property - Houlse on corner of Middlebush Rd. &
Route 9D and schedule Public Hearing
9. NEW BUSINESS
10. ADJOURNMENT
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The Regular Meeting of the Town Board of the Town of Wappinger was
held on August 26, 1991 at the Town Hall, 20 Middlebush Road, Town of
Wappinger, Dutchess County, New York.
Supervisor Smith opened the Meeting at 7:30 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Albert Roberts, Attorney
Joseph E. Paggi, Jr. Engineer
Graham Foster, Highway Superintendent
Herbert Levenson, Zoning Administrator
All joined in the Pledge of Allegiance to the Flag at the commencement
of the Meeting.
The Minutes of the Special Meetings of July 8th and 25th, and Regular
Meeting of July 22, 1991, having previously been forwarded to all
Board Members, were now placed before them for their consideration.
MRS. VISCONTI moved that the above stated Minutes of the Town Board
be and they are hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Valdati
Motion Unanimously Carried
Reports for the month of July, 1991 were received from the Supervisor/
Comptroller, Town Justices, Receiver of Taxes, Dog Control Officer,
Building Inspector and Highway Superintendent.
MR. INCORONATO moved to accept the above stated Reports and place
them on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Valdati requested that the Highway Superintendent be more specific
when he stated that the department replaced road signs; it should be
noted what signs and perhaps the reason for the replacements, such as
vandalism. Mr. Foster then went into detail on the specific signs.
Petitions and Communications ---
A Memo was received from the Assessor regarding settlement of three
certiorari cases initiated by Carl Swenson; he recommended settlement
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of these cases which he felt would be fair and a great savings of
time and money for the Town.
MRS. VISCONTI moved to abide by the recommendation of the Town Assessor
for the settlement of the three certiorari cases of property owner
Carl Swenson.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The following Certioraris were served on the Town: 1. Cedar Hill
Development, Inc. 2. Friendly Acura, 3. Wendcello Corp., 4. Imperial
Plaza Partnership, 5. Waldbaum Inc., 6. Leemilts Petroleum, Inc.,
7. Wappinger Falls Plaza Associates, 8. Wappinger Falls Owners Corp.,
9. Brack Construction Co., 10. T.H. Baker & Charles Gilbride.
MRS. VISCONTI moved to refer these cases to William Crane, Attorney, to
answer and defend on behalf of the Town of Wappinger.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Several communications have been received from the Wassaic Developmental
Disabilities Services Office regarding the establishment of a community
residential facilities for individuals with developmental disabilities
within the Town of Wappinger. It is now necessary for the Town to
schedule a Public Hearing on this proposed action in order that
neighboring residents may comment and/or question such action.
MRS. SMITH moved to set a Public Hearing for September 9, 1991 at
7:00 P.M. at the Town Hall on the proposed establishment of a community
residential facility for individuals with developmental disabilities,
to hear all interested persons.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Correspondence was received from Frank Buyakowski regarding recreation
land transfer of 10 acres at the Airport Business Center; all that is
required now is a survey and description which requires authorization
by the Town.
MR. FANUELE moved to authorize the Engineer to the Town to proceed
with a survey and description of the ten acres at the Airport Business
Center to be deeded to the Town by Frank Buyakowski for recreation areas.
Seconded by Mr. Incoronato Motion Unanimously Carried
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Mr. Paggi noted that prior to commencing the survey he will schedule
a joint meeting with Mr. Buyakowski, the Recreation Commission and the
Town Board for their input.
Mr. Robert Haas wrote to the Town Board with a concern on the difficulty
he has had in obtaining a Certificate of Occupancy for a building on his
property at 65 DeGarmo Hills Road.
Mr. Levenson stated that the problem has been corrected and the C.O.
has been issued to Mr. Haas.
MRS. VISCONTI moved to receive the correspondence and place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A request was received from Charles & Janet Wurms, 10 Central Avenue,
to hook up to the Wappinger Sewer Improvement Area #1. The Engineer,
in his letter of July 29, 1991 advised that the connection should be
allowed since this is an existing residence and the reason for the hook
up is the condition of an existing subsurface disposal system.
MRS. VISCONTI moved to grant permission to Charles & Janet Wurms, 10
Central Avenue, to hook up to the Wappinger Sewer Improvement ARea #1,
based on the recommendation of the Engineer to the Town.
Seconded by Mr. Fanuele
Motion Unanimously Carried
Notifications of intent to renew liquor licenses were received from
Jose J. Cardoso, New Hackensack Plaza, and Gail P. & Charles B. Geary,
dba The Hamlet on Route 9D, both located in the Town of Wappinger.
MR. FANUELE moved to accept the correspondence and place them on file
with no comment.
Seconded by Mr. Valdati
Motion Unanimously Carried
A request was received from the Highway Superintendent to sell the
1970 Flusher Truck which has been replaced with a 1991 Truck.
MRS. VISCONTI moved to authorize the Highway Superintendent to go to
bid for the sale of the 1970 Flusher Truck.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Notices of Public Hearings were received from the Towns of Newburgh
and Fishkill on Zoning Ordinance Amendments. Mr. Incoronato noted
175
that the Town of Fishkill was proposing to shorten the terms of
their Planning Board Members from seven years to four years and he
felt this was an interesting proposal since as the situation is now
with the seven year term, there could be three successive administra-
tions of Town Board Members with the same Planning Board Member on
the Board and not necessarily reflecting the attitude and disposition
of the then current Board. The Town should consider this option of
a lesser term and replacing the members with new blood; it could be
more practical and more beneficial in the long run. He requested that
they have a work shop on this matter. Mr. Fanuele, on the other hand,
felt that the continuity of a seven year term was beneficial. Mrs.
Smith agreed that it should be discussed further and scheduled it on
the September 9th, 1991 work shop.
MRS. VISCONTI moved to accept the notifications of the Public Hearings
and place them on file.
Seconded by Mr. Fanuele
Motion Unanimously Carried
The Supervisor received notification from the Dutchess County Youth
Board that a contract has been prepared for the Town of Wappinger for
the Recreation Program of 1991. The amount is $11,140.00, down from
$17,500.00 last year and has been utilized by the Recreation Commission.
The Supervisor requires authorization to sign this document.
MRS. VISCONTI moved to authorize the Supervisor to sign the Agreement
with the Dutchess County Youth Division for the Town Recreation Program.
Seconded by Mr. Fanuele
Motion Unanimously Carried
A Memo was received from the Zoning Administrator recommending release
of escrow money in the amount of $184.00 for engineering and site plan
fees.
MR. VALDATI moved to release the escrow amount of $184.00 to Michael
Marcello, based on the recommendation of the Zoning Administrator.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A request was received from the Zoning Administrator to attend the
New York Planning Federation Institute at no cost to the Town. He
indicated that he has been nominated First Vice -President of the
organization and is unopposed. Since he has already attended a
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seminar this year, he will be required to use personal time to attend
the conference scheduled for November 17 to the 21st, 1991.
Mr. Levenson also requested permission for the Planning Board and
Zoning Board of Appeals to attend this Conference.
MRS. VISCONTI moved to grant permission to the Zoning Administrator,
Planning Board and Zoning Board of Appeals to attend the Conference at
Ellenville, New York, November 17th to the 21st, 1991 and all legitimate
expenses will be charged to the Town.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A petition was received from the residents on Sherwood Heights for
a speed limit of 15 MPH going up and down the hill due to'the sharp
turns on the steep hill. They felt this speed was required in order
to manuever the turns safely.
The Town Board agreed it was a dangerous hill, however the State
never lowers the speed limit -under 30 MPH; there were other actions
that could be taken to lessen the danger, one of them being warning
signs of approaching curves, etc. They also discussed speaking to
our State Assemblyman for help and direction in reducing these speed
limits lower than their present limit. After a brief discussion on
the options they had, it was finally agreed to refer the matter to a
work shop; the Engineer and the Highway Superintendent were requested
to look at the area and offer their recommendations at the work shop.
Committee Reports ---
Mr. Fanuele, recycling and co -mingling. People did not seem happy with
this since they learned to separate the articles, now they co -mingle,
but they weren't happy with separating either.
Mr. Valdati, co -mingling enables the Town to save money on the carting
fees; this was discussed when they agreed to do the co -mingling.
Mr. Incoronato had no reports for this meeting.
Mrs. Visconti, Dial -O -Ride, sponsoring Fun in the Park, September 12th,
rain date September 13th, 1991. Instructed Eileen, Director of Office
of Aging to write to the United Way since it appears that they did a
survey analysis in the County and did not touch base with Dial -A -Ride
for correct information as to existing equipment and time frames for
additional equipment.
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Resolutions ---
An Application from Pacific States Land Corp. for a Cluster Subdivision
was submitted to the Town Board for their approval and referral to the
Planning Board.
The following Resolution was offered by COUNCILWOMAN VISCONTI who
moved its adoption:
WHEREAS, Pacific States Land Corporation is the owner of
certain premises more particularly described in Schedule "A" attached
hereto; 19-6056-01 parcel 190688 83.83 ac.; 19-6056-01 parcel 138527,
102.0 ac., and
WHEREAS, Pacific States Land Corporation, as owner, has made
application to the Town Board of the Town of Wappinger to authorize
the Planning Board to subdivide said premises as a cluster subdivision
in accordance with Section 281 of the Town Law, and
WHEREAS, the Planning Board of the Town fo Wappinger has
conducted a preliminary review of this application and has recommended
that the maximum number of lots which could be subdivided from the
subject premises would be 156 lots in accordance with the present
subdivision regulations and zoning classification of the property; and
WHEREAS, the Town Board has reviewed this action (specifically
the authorization to permit the Planning Board to subdivide this
property as a cluster subdivision pursuant to Section 281 of the
Town Law), with respect to SEQRA and has determined that the
authorization to permit a cluster subdivision will not create any
significant environmental impacts.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby determines that it is the only
involved agency in this action in authorizing the Planning Board
to modify applicable provisions of the Town of Wappinger Zoning
Law so as to permit a cluster subdivision of the premises described
in Schedule "A" attached hereto, in accordance with Section 281 of
the Town Law and subject to the other provisions of the Town of
Wappinger Zoning Law and the rules and regulations of any other
municipal body having jurisdiction over the subject premises and
hereby declares itself lead agency pursuant to Article 8 ECL and
the related Title 6 part 617-NYCRR.
2. The Town Board has caused to be completed Part 1 and
part 2 of th short form EAF for this project, in the form annexed
hereto.
3. The Town Board has reviewed the intended action with
respect to the criteria set forth in part 617.11 NYCRR and hereby
determines that the intended action (i.e. authorizing the Planning
Board to allow a cluster subdivision of the premises described in
Schedule "A") will not create any significant adverse impacts on
the environment and hereby issues a Negative Determination of
Significance for this action.
4. 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.
5. The Town of Wappinger Planning Board is hereby authorized,
pursuant to Section 281 of the Town Law to modify applicable provisions
of the Town of Wappinger Zoning Law and subdivision regulations so
as to permit a cluster subdivision of the premises owned by Pacific
States Land Corporation, more particularly described in Schedule "A"
attached hereto.
6. Except as herein authorized, the Town of Wappinger Planning
Board is otherwise directed to comply with all other local laws, rules
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and regulations of the Town of Wappinger and any other governmental
body having jurisdiction of the subject premises.
7. The authority granted to the Planning Board by this
Resolution is specifically limited to those premises described in
Schedule "A" attached hereto.
Seconded by: Supervisor Smith
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
Mr. Incoronato noted that this will be a Type 1 Action, will require
a scoping session to determine the scope of the Final E.I.S. and
there will be a Public Hearing.
A second request was from L. Richard Rosenberg and Sol Silver to
subdivide the Rosenberg parcel from the Chelsea Ridge Apartment Complex.
The following Resolution was offered by COUNCILMAN FANUELE who moved
its adoption:
WHEREAS, L. Richard Rosenberg and Sol Silver (hereinafter
referred to as "Rosenberg" and"Silver") are the owners of a vast
tract of land upon which they have constructed and maintained an
apartment complex known as "Chelsea Ridge Apartments", and
WHEREAS, Rosenberg has constructed and lives in a private
dwelling house located within the apartment complex, and
WHEREAS, Rosenberg and Silver have requested that Roseberg's
dwelling unit and a parcel of land comprising 2.36 acres be subdivided
from the main parcel so as to separate the Rosenberg private dwelling
residence from the apartment complex as set forth in a certain map
dated, last revised 4/11/91, and prepared by Milton Chazen Associates,
a copy of which is attached hereto as Schedule "A", and
WHEREAS, the premises to be subdivided will not have access
directly to a public highway, however, said premises will be given
access to a public highway by easement through the privately
maintained roads contained within the Chelsea Ridge apartment complex,
as shown and depicted on Schedule "A", and
WHEREAS, the premises to be subdivided will comply in all
respects with the Zoning Law of the Town of Wappinger, except that
said premises will not have frontage on a public highway, and
WHEREAS, pursuant to Section 280-a(4) of the Town Law, the
Town Board is authorized to permit the development of lands where
access is given by easement or right-of-way, and
WHEREAS, the Town Board has reviewed this action with respect
to SEQRA and has determined that the proposed authorization to
create an Open Development Area within the Chelsea Ridge apartment
complex will not create any significant environmental impacts.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby determines that it is the only
involved agency in this action in declaring an Open Development
Area: pursuant to Section 280-a(4) within the Chelsea Ridge
apartment complex, and hereby declares itself lead agency pursuant
to Article 8 ECL and the related Title 6 part 617-NYCRR.
2. The Town Board has caused to be completed Part 1 and
Part 2 of the short form EAF for this project, in the form
annexed hereto.
3. The TownBoard has reviewed the intended action with respect
to the criteria set forth in part 617.11 NYCRR and hereby determines
179,
that the intended action will not create any significant adverse
impacts on the environment and hereby issues a Negative Determination
of Significance for this project.
4. The Town Supervisor is hereby autorized 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.
5. The parcels shown and depicted on Schedule "A" attached
hereto and made part hereof is hereby declared to be an "Open
Development Area" pursuant to Section 280-a(4) of the Town Law.
6. The Town of Wappinger Planning Board is hereby authorized
and directed to approve the subdivision of one lot containing 2.36
acres within such area subject to the conditions hereinafter set
forth.
7. Only the premises described as Lot 1 on the survey map
dated, last revised 4/11/91, and prepared by Milton Chazen Associates
shall be subdivided from the premises commonly referred to as
Chelsea Ridge Apartment, Town of Wappigner, Dutchess County, New
York.
8. Access to the parcel to be subdivided shall be provided
through the private road known as Chelsea Ridge Apartment access road
to Route 9D.
9. Rosenberg and Silver shall grant the necessary easements
and right-of-way providing access to the parcel to be subdivided,
and shall take all steps necessary to ensure the easement and
right-of-way shall be free and clear of any liens or encumbrances
and is otherwise marketable for purposes of access, and shall
procure an Attorneys Opinion and Certification of Title
certifying that said easement and right-of-way is free and clear
of liens or encumbrances and is marketable for purposes of access.
Seconded by: Councilwoman Visconti
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
Bids were received and opened on August 14, 1991 for Station Wagons
for the Fire Inspector and the Supervisor. It was assumed at the
time these were put out to bid that the price for two station wagons
would be a savings if we purchased the two at once; this did not
happen and the Supervisor recommended that Poughkeepsie Ford be
awarded the bid for one car for the Fire Inspector since the other
bidders did not meet the specifications and provide additional options.
MR. FANUELE moved to award the bid for the Station Wagon for the
Fire Inspector to Poughkeepsie Ford, Inc. at a total price of
$10,791.20.
Seconded by Mr. Valdati
Motion Unanimously Carried
MR. INCORONATO moved to authorize the Highway Superintendent to go to
bid on the sale of the Fire Inspector's present, vehicle.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Three bids were received and opened on the 14th day of August, 1991
for a 12000 lb. two post Lift for the Highway Department. Mr. Foster
recommended the bid be awarded to Automar, the highest bidder, total
amount of $7,992.00, however it appeared to be the only bid that met
the specs. Mrs. Smith noted that they were waiting for a fax from the
lowest bidder since he contended that the day the bids were opened
it was indicated that he met the specs. Brian Douley, Principal of
the All Equipment Co., low bidder was present and explained that the
specs were prepared for a hydraulic lift and his company has a chain
lift, but in essence, they're both hydraulic lifts. The Attorney was
asked for his opinion and noted that he was hearing this for the first
time; if the specifications are exclusionary to one manufacturer they
could be suspect. He preferred to have the opportunity to check this
out before he gave any further opinion on it.
MR. INCORONATO moved to table action on awarding this bid and refer
it to the Attorney to the Town for his review and recommendation.
Seconded by Mr. Valdati
Motion Unanimously Carried
Two bids were received for the sale of the 1970 Tractor which has
been replaced by a new Tractor for the Highway Department;
Bill Ingils bid $500; Vasallo Landscaping bid $1,650. The Highway
Superintendent recommended the bid be awarded to Vasallo Landscaping.
MR. FANUELE moved to award the bid for the sale of the 1970 Tractor
to Vasallo Landscaping in the amount of $1,650, high bidder.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The Map, Plan and Report for Central Wappinger Water Improvement Area
#2, prepared by the engineering firm of Paggi and Martin was previously
filed with the Town Clerk, accepted by the Town Board and a Public
Hearing was held on same. The Engineer now required authorization to
proceed with the plans and specifications.
MR. VALDATI moved to authorize the Engineer to the Town to proceed
with the plan and specifications for the Central Wappinger Water
Improvement Area #2.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The next item to be addressed by the Town Board was direction to the
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Town Assessor to prepare the Assessment Rolls for the Water and
Sewer Improvement Areas and Districts. Discussion was held by the
Board relating to paragraph "f" and "g" on the prepared resolution
which regarded subdivisions that have received preliminary approval
prior to the date of this resolution and lands which can not be served
in the judgement of the Assessor shall be assessed at one-third of the
r�
full benefit units, which would normally be assigned if the property
could be served. It was agreed to delete these two paragraphs pending
further discussion at the September 9, 1991 work shop. Another
paragraph was added to assess all condominiums at one benefit unit.
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
CENTRAL WAPPINGER WATER IMPROVEMENT
AREA.
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Central Wappinger Water Improvement Area
in accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
182
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
OAKWOOD WATER DISTRICT.
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Oakwood Water District in accordance
with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Reoslution Duly Adopted
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
FLEETWOOD WATER DISTRICT.
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Fleetwood Water District in accordance
with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
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d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit
unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly ADopted
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
TALL TREES WATER IMPROVEMENT AREA.
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Tall Trees Water Improvement Area in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
184
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
ARDMORE WATER IMPROVEMENT AREA.
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Ardmore Water Improvement Area in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
WAPPINGER PARK WATER DISTRICT.
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Wappinger Park Water District in accordance
with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
185
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
NORTH WAPPINGER WATER DISTRICT.
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the North Wappinger Water District in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
CRANBERRY-MYERS CORNERS II
WATER DISTRICT.
-------------------------------------
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Cranberry -Myers Corners II Water District
in accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
WAPPINGER SEWER IMPROVEMENT AREA #1
The following REsolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Wappinger Sewer Improvement Area #1 in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the ben.fited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
187
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
ROCKINGHAM FARMS SEWER DISTRICT.
-----------------------------------
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Rockingham Farms Sewer District in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - ..8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
FLEETWOOD SEWER DISTRICT.
-----------------------------------
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Fleetwood Sewer District in accordance
with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
Ems?
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
WILDWOOD SEWER DISTRICT.
-------------------------------------
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Wildwood Sewer District in accordance
with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
189
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
MIDPOINT PARK SEWER DISTRICT.
-----------------------------------
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Midpoint Park Sewer District in accordance
with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
RESOLUTION DIRECTING ASSESSOR TO
COMPLETE ASSESSMENT ROLL FOR THE
WAPPINGER SEWER TRANSMISSION/
TREATMENT DISTRICT.
------------------------------------
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Wappinger Sewer Transmission/Treatment
District in accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2 benefit
unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
C. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
190
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit assigned
in accordance with the ratio which the subject property bears to the
total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
TOWN BOARD, TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
APPOINTING A DEPUTY COURT
CLERK, AND ESTABLISHING THE
SALARY OF DEPUTY COURT CLERK.
----------------------------------
The following Resolution was offered by COUNCILMAN FANUELE who
moved its adoption:
RESOLVED, that Linda Walters be and she hereby is appointed
to serve in the position of Deputy Court Clerk for the Town of
Wappinger Justice Court, and
BE IT FURTHER RESOLVED, that the annual salary for the Deputy
Court Clerk in the Town of Wappinger be and the same hereby is fixed
and established at the annual rate of $19,000.00 pro -rated, to be
paid every other Friday throughout the remainder of the year 1991.
Seconded by: Councilwoman Visconti
Roll Call Vote: 3 Ayes Supervisor Smith ---Nay, Councilman Valdati --- Nay
Resolution Duly Adopted
When voting "Nay", Mrs. Smith explained that she was not against
the person filling this position, however, she felt very strongly
that they should be hiring Town people.
Mr. Valdati offered his comments that the salary was set too high in
comparison with our present Town employees. During these times we
should be conserving and not overextending starting salaries. Mrs.
Smith concurred with his comments.
The next matter was to appoint Dorothy Shwartz to Civil Service
Position as Clerk/Typist; she is presently employed in the Highway
Department. Mrs. Smith noted that they really did not want to do
this but were being forced into it by Dutchess County Personnel since
they will not certify our payroll -without it and this could affect
the retirement program.
The following Resolution was offered by COUNCILMAN FANUELE who
moved its adoption:
191
WHEREAS, DOROTHY SHWARTZ, of 21 Gold Road, Wappingers Falls,
New York, 12590, has been employed in the Highway Department of the
Town of Wappinger as a Clerk/Typist, and
WHEREAS, the Dutchess County Department of Personnel has issued
a certification advising that said Dorothy Shwartz has passed the
Civil Service Exam, and
WHEREAS, It is the desire of the Town Board to fill the
position of Clerk/Typist in the Highway Department by permanent
appointment under the rules and regulations of Civil Service,
NOW, THEREFORE BE IT RESOLVED, that DOROTHY SHWARTZ of
21 Gold Road, Wappingers Falls, New York, be and hereby is appointed
to the position of Clerk/Typist on a permanent basis pursuant to the
Certificate of Eligibilities, and be it
FURTHER RESOLVED, that inasmuch as the said employee has been
working for the Town of Wappinger, the statutory probation period
be and hereby is waived.
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
The matter of setting a Public Hearing for a Local Law to Establish
the Rates for the North Wappinger Water District was tabled for
further discussion at the September 9th, 1991 work shop.
Mrs. Smith set a Special Meeting for September 9th, 1991 at 6:55 P.M.
for the purpose of setting a Public Hearing on the proposed Local
Law.
Correspondence was received from Attorney to the Town, Albert Roberts
and Engineer Joseph E. Paggi, Jr., regarding Agreements to continue
to represent the Town for the Wappinger Sewer Transmission/Treatment
Improvement Area Project at no extra cost to the Town. The Board
Members were in agreeance to this, however, following a brief
discussion it was agreed to include a termination clause in the
event that future Town Boards would have the option to retain these
professionals or choose their own and vica versa.
MRS. VISCONTI moved to approve Agreements with the Attorney and the
Engineer to the Town to continue representing the Town on the
Wappinger Sewer Transmission/Treatment Improvement Area Project,
to include a thirty day termination clause by either party.
Seconded by Mr. Incoronato
Motion Unanimously Carried
192
Due to the fact that some applicants to become a tenant to a water
or sewer improvement area or district have failed to complete and
sign the Agreement within a reasonable time frame, the Town Board
directed to Attorney to amend the Tenant Policy to include a definite
time frame to return the signed agreement and to obtain a building
permit and/or connect to the water/sewer system. These amendments
are reflected in Paragraph 5a. & 5b. in the following agreement:
MRS. VISCONTI moved to adopt the Revised Tenant Policy for Water/
Sewer Improvement Areas/District:
1. The connection is to be made at applicant's expense and
subject to inspection by the Town Building Inspector or
his designee.
2. A connection fee of $500.00 must be paid prior to connection
to the water/sewer line.
3. Applicant will pay double the water/sewer service charge that
is paid by District Residents and any other charges specified
in statement from Water and Sewer Billing Clerk (enclosed with
Agreement at time of applying).
4. If and when a water/sewer district/improvement area is formed
which would include applicant's property, he/she agrees to
become part of said District or Improvement Area and hereby
waives any objection to its formation.
5. This permission will expire upon applicant's failure to:
a. accept in writing the terms and conditions contained
in this letter within 90 days hereof;
b. Obtain a building permit and/or connect to the
water/sewer system within one year from the date hereof.
6. The terms and conditions of this permission shall be binding
on and inure to the benefit of the undersigned, and any
subsequent owners of the subject premises, subject to the
rules and regulations adopted by the Town Board of the Town
of Wappinger for use of water/sewer improvements/districts by
tenant users, as the same may be amended from time to time
hereafter.
Seconded by: Mr. Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Four bids were received and opened on July 31st, 1991 on Drainage
Improvement Project, Rockingham Farms. The Engineer recommended
that the bid be awarded to Sun Up Enterprises, Inc. as low bidder
in the amount of $96,057.00 ($105,527.00)*. The Engineer indicated
that there was a discrepancy in the total bid price, and it was his
opinion that the Attorney should advise the Board which total bid
price would be binding. It appears that the individual items were
added erroneously and when the Engineer's office checked them, the
error surfaced. The Attorney to the Town verified that the sum of
$105,527.00 was the legal amount of the bid.
193
MR. INCORONATO moved to award the bid to Sun Up Enterprises, Inc.
for a Drainage Improvement Project at Rockingham Farms, total amount
of $105,527.00, based on the recommendation of the Attorney to the
Town.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A request was received from Gordon Robbins, Losee Road, to hook into
Central Wappinger Water Improvement Area #1, at the time the Alpine
Development puts in the line.
MR. VALDATI moved that Mr. Robbins be allowed to hook up to the
Central Wappinger Water Improvement Area #1, contingent upon the line
being in operation, within a time limit of one year, in accordance
with the the revised Tenant Policy.
Seconded by Mr. Fanuele
Motion Unanimously Carried
A report was received from Building Inspector, Thomas J. Classey,
re: "Unsafe Structure at Northeast Corner of Middlebush Road and
Route 9D - Tax Parcel #6157-01-276805, owner - Nicholas Dagnone,
dated August 20, 1991, in which he itemizes the condition of the
structure, and recommending that based on his report, the Town Board
adopt a resolution placing Mr. Dagnone on formal notice of the defects
and direct him to correct the defects or remove the building no later
than September 30, 1991. It is also required that the Town Board
schedule a Public Hearing on the demolition of the building.
MRS. VISCONTI moved to accept the report from the Building Inspector
on the Unsafe Structure at Middlebush Road and Route 9D and the
recommendations contained therein.
Seconded by Mr. Valdati
Motion Unanimously Carried
MR. VALDATI moved to set a Public Hearing on the proposed demolition
of the unsafe structire at the intersection of Middlebush Road and
Route 9D, for September 9, 1991 at 6:50 P.M. at the Town Hall,
20 Middlebush Road, Town of Wappinger, Dutchess County, New York, to
hear all interested persons.
Seconded by Mr. Incoronato
Motion Unanimously Carried
194
MRS. VISCONTI moved to authorize the Supervisor to sign the
Notice of Repair or Remove Unsafe Structure at Route 9D and
Middlebush Road, owned by Nicholas Dagnone.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mrs. Smith noted that there were two residents present from Hamlet
Court who were concerned about a tax bill owed on a parcel in that
development in the amount of $16,000 and this parcel will be put up
for sale by the County on September 12th, 1991. They feel there is
a possibility that someone will buy this parcel and they are seeking
a discussion with the Board on the status of the tax bill, whose going
to pay it, etc. Mr. Roberts, Attorney to the Town, wished to clarify
his part in this matter and noted that he represented the developer
before the Planning Board early in 1985 but not subsequent to that,
however he did inherit some of the problems in that development from
the previous Attorney to the Town; there was a deed sent in sometime
during 1989 which contained the road to the entrance way, the cul-de-
sac, parking area, several easements and vacant space which surrounds
the various duplex units. The developer apparently walked away from
the development sometime in 1986-87 and there were no bonds posted,
no letter of credit. The units were sold and eventually the Highway
Department went in and corrected the situation. During this period of
time tax assessments were prepared for open spaces, etc. which were
never paid; this goes back to the Assessment Rolls from 1986, 87.
This involved property tax, school tax and the penalties that were
added due to non payment. Another fact that compounded the situation
even more was that the tax grid number for the open area in the cul-de-
sac had the same last three digits as the adjacent units, and a full
benefit assessment was placed on the parking lot, the same as one of
the units. There were several years when there was full assessment
placed on this parcel erroneously and the developer didn't care since
he had walked away from it. They were placed on the assessment rolls,
taxes were levied, the County reimbursed both the Town and the school
district and they are now coming up for sale; the deed was recorded and
the intent was to form a Conservation Park District, cost to be borne by
the residents. Since the property is part of the Town parkland, it
would take an act of legislature to develop it. The County is trying to
get reimbursed from the Town for the money they expended. The unpaid
195
taxes are now a lien against the property. It is now very confusing
and the two residents present expressed concern that the property
could be sold. A brief discussion followed and it was agreed that
further discussion would take place at the work shop scheduled for
September 9, 1991 at 6:15 P.M.
Correspondence was received from Mr. Paggi regarding monitoring
well development at the Castle Point Landfill site and recommending
that Chazen Environmental Services be authorized to do the work.
Mr. Paggi explained that they have not been able to develop the well
because of the lack of water in the well. The D.E.C. has approved
the new method for developing the well, however, Mr. Paggi noted that
they will not implement this procedure until the water comes back into
the well; the proposed work will help do this.
MR. INCORONATO Moved to authorize Chazen Environmental Services to
perform the prescribed development work for the well development at
the Castle Point Landfill Site.
Seconded by Mrs. Visconti
Motion Unanimously Carried
New Business ---
John Schouten was recognized by the Chair and expressed his opinion
on the spending habits of our State Officials, including transportation
and expensive hotel bills when they -go to conferences, also mailing
expenses, etc. and he felt something had to be done about it. Mrs.
Smith noted that the .last time he had concerns he had requested that
she write to the State Legislatures about it and she did, but at this
time she has not received a response.
Mr. Fanuele, Water & Sewer, concerned that residents do not let the
meter readers in the house. He felt that if they refused to have the
meter read, they should be billed three times the minimum charge.
The Local Law should be amended to make provisions to charge these
residents more than the minimum charge. The Supervisor requested Mr.
Fanuele to put together a proposal to amend the Local Laws and they
would discuss it at the September 9, 1991 work shop. Mr. Paggi
expressed his opinion that the simplest way was to put in remote read-
outs and the Town had the right to do this. It was agreed to discuss
this further at the next work shop.
Mrs. Smith had a complaint from a resident on Cayuga Drive regarding
196
a hole in a pipe between #5 and #7 Cayuga Drive which was causing
a drainage problem.
MR. VALDATI moved to authorize the Engineer to the Town to check out
the complaint and submit a report to the Town Board.
Seconded by Mrs. Visconti
Motion Unanimously Carried
There was no other business to come before the Board.
MR. INCORONATO moved to adjourn the meeting, seconded by Mrs. Visconti
and unanimously carried.
The meeting closed at 9:35 P.M.
acne H. Snowden
Town Clerk
Reg. Mtg. 8/26/91