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1991-07-22 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JULY 22, 1991 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Reg. June 24, 1991 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Rec. of Taxes Dog Control Officer Zng. Adm. H. Supt. 5. PETITIONS & COMMUNICATIONS a. L. Richard Rosenberg re: Rosenberg/Silver Subd. & Pacific States Lands Corp. b. Notification of intent to apply for and/or renew liquor licenses by Andre Regini and Waldbaum c. Request by T. Logan to attend NYS Assessors' Seminar at Cornell 7/21-7/26 (No cost to Town) a,.. Notification from Town of Fishkill of Public Hearing on Zoning Ordinance Amendment e. Chas. Del Bene, PE (Paggi & Martin) re: Hayden drainage, Pine Ridg f. R. Holt, Rec. Comm. Ch. requests petty cash fund for small expense g. Anthony & Joyce Rao, Myers Corners Rd., -request permission to beco tenants to Central Wappinger Water IA h.- Olga DeNully re: Sewer back-up i. Authorize Engineer to Town to prepare map, plan & report for Wappinger Sewer Transmission lines j. Camo Pollution re: Atlas Contract k. Florence Graff, CAC Ch. re: M. Landi (member) attendance 1. Jos. Grogan, PE. Co. Public Works, re: costs for Road Paint Stripi m. Request for return of Escrow fees from Frienly Acura (engineering site plan) $4,117.62 & $5,000 (Landscaping) n. Residents of Schanbl Ct. area - formation of Neighborhood Watch o. G. Foster, H. Supt. Corr: (1) Working Forman (2) addition of Roads accepted by Town to the State road list or 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Consider adoption of LL for exemption of residency requirement for Deputy Court clerk b. Bonding Resolution for a Capital Renewal Note (Drainage) c. Consider bids for LIFT for Highway Garage d. Considei`Wappinger Water Imp. Area #2 e. (30rcu � j<.�>vlui�u� het C'.ojc�Sol�ct VG�r�av�. I (' Pa�t%'c\cj Macey .�P( g new ���5%��hSc;w �lo i`tre �Vv,10. 8. UNFINISHED BUSINESS e. atA rt)"', k/ E a. Consider requesting a Town Wide 30 MPH speed limit (excepting State and County Roads) 9. NEW BUSINESS 10. ADJOURNMENT REMINDER: PUBLIC HEARING ON MAP, PLAN AND REPORT FOR WAPPINGER WATER IA12 at 7:20 P.M. 153 The Regular Meeting of the Town Board of the Town of Wappinger was held on July 22, 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 Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: Robert Valdati,Councilman ( on vacation) Victor Fanuele, Councilman (recuperating from operation) All joined in the Pledge of Allegiance to the Flag at the commencement of the meeting. The Minutes of the Regular Meeting of June 24, 1991, having been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI Moved that the Minutes of June 24, 1991, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Reports were received for the month of June from Town Justices, Dog Control Officer, Building Inspector, Highway Department, for the month of May and June from the Zoning Administrator, month of May from Receiver of Taxes. MRS. VISCONTI moved to accept the above stated Reports and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Incoronato noted that the matter of the Hark Plaza Signs were missing from the Zoning Administrator's Report. As it stands now, the owner is technically in violation; Mrs. Smith concurred and stated that the Zoning Administrator had issued an "Order to Remedy" notice to him. Mr. Incoronato contended that the signs in question should be removed, there is no authority in place at this time for these signs to stay in the location they are presently at. Mr. Klein has received an extension for compliance with the Order but that has expired and he is three months over the expiration date. The Zoning Administrator is on vacation and the Fire Inspector who usually takes 154 over has been hospitalized, so that leaves the Building Inspector to enforce the Order for the sign to be removed. The Supervisor will authorize him to take this action. Petitions & Communications --- A communication had been received from L. Richard Rosenberg concerning the Rosenberg/Silver Subdivision and Pacific States Lands Corp. Other information was to have been forwarded to the Board but had not been received by them. The Attorney noted that they were in the possession of the Zoning Administrator but he was on vacation and his office was not aware of the location of these papers. The Supervisor would check it out. MRS. VISCONTI moved to table action on this matter and refer it to a work shop on the following Thursday for discussion. Seconded by Mr. Incoronato Motion Unanimously Carried Notifications of intent to renew liquor licenses were received from Andre and Diana Regini, Paradiso Ristorante, Old Post Road and Waldbaum Inc. Route 9 & Myers Corners Road, both located in the Town of Wappinger. MR. INCORONATO Moved to receive the Notifications and place them on file with no comments. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from our Assessor, Thomas Logan to attend the New York State Assessors Association Seminar at Cornell University July 21 - 26, 1991, at no cost to the Town. It was the Supervisor's understanding that if you go to more than one seminar which is not mandated, then you are required to use your own personal or vacation time. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Notification was received from the Town of Fishkill of a Public Hearing on July 15, 1991 on a Local Law Amending the Zoning Ordinance of that Town. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried 155 A report was received from the Engineer's office on the Hayden Drainage, Pine Ridge Drainage indicating that they had submitted a map and report on the project to the Haydens but have received no response. Ernest Martin was present and noted that the plan that was presented takes care of the road drainage in that they will contain it within the road by putting in a storm drainage system; the plan also allows for sideyard drainage, however the on site problem would require grading in that area within the property to the drain. The Town is ready to commence with their part of the project, however, since no response has been received from the property owners the Supervisor felt she should make a call to make sure they are aware of what is going to be done by the Town to relieve the drainage situation and Mr. Martin pointed out that if they have any questions to contact his office. MRS. VISCONTI moved to receive the correspondence and place it on file and the Supervisor will contact the Haydens to confirm their receipt of the Engineer's correspondence advising them of the proposed commencement of this project. Seconded by Mr. Incoronato Motion Unanimously Carried A request was received from Ralph Holt, Chairman of the Recreation Commission to establish a Petty Cash Fund in the amount of $200.00 Mrs. Smith's question was where is this money coming from --will they take it out of their budget. After a brief discussion on the need for such a fund, it was agreed that they should put a cap of $100.00 on this until they see how it works out -- from Recreation Budget. MRS. VISCONTI moved to establish a Petty Cash Fund for the Recreation Commission at a maximum amount of $100.00, to be used for the purchase of small items.needed at various times for the senior center, play- grounds and maintenance department. Seconded by Mr. Incoronato Motion Unanimously Carried 156 Anthony and Joyce Rao, owners of property located at 223A Myers Corners Road, wrote to the Board requesting to become tenants to the Central Wappinger Water Improvement Area. The Board had discussed this matter at a previous work shop with the Engineer to the Town and he did not have a problem with them hooking into the Town water system. MRS. VISCONTI moved to allow Anthony and Joyce Rao to hook into the Central Wappinger Water Improvement Area under the requirements of the Tenant Policy, property located at 223A Myers Corners Road, based on the recommendation of the Engineer to the Town. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Smith noted that she had observed a ditch dug in that vicinity, but was not completely sure that they had the right location for the hookup. She recommended that this be checked before they proceed with the digging in that area to make sure that he has the correct location so this work is not done in vain. Olga DeNully wrote to the Board regarding a sewer back-up at her home on June 16, 1991, for disposition of the matter by the Town. Mrs. Smith offered to set a work shop for further discussion of the matter sometime in August, however, Mrs. DeNully was present and objected to this proposed action. She wanted instant removal of the debris from the back-up and said she was told by the Supervisor that the Highway Department would remove it. She was also told by the Supervisor that she could not commit either the Town or the insurance company to the expense of removing this material until a decision was made. Mrs. Smith had indicated to her that they work with her and make these arrangements if it turned out to be the Town's responsibility, but she has been informed that the claim has been denied by the Town's insurance carrier. She still offered Mrs. DeNully the opportunity to discuss this at a work shop but the offer was declined since she could not wait until August to have her basement cleaned out and the materials removed; she related further conversa- tions with the Health Department and also the Attorney to the Town who did not even give her the courtesy of a return call. Mr. Roberts did speak to the Health Department and tried to make arrangements for the material to be removed provided the property owner would pay certain costs, but according to Peter Mack of the Health Department they refused L 157 to pay them. Although Mrs. DeNully said there were further calls made and after discussion with her husband, they agreed to pay, it evidently was after the fact and the matter is now in litigation. The Supervisor closed the discussion noting this was the reason and now it would have to be decided by the courts. Mrs. DeNully remarked that it would be her pleasure to see them in court. The next item required authorization by the Board for the Engineer to prepare documents for the Wappinger Sewer Transmission lines. MRS. VISCONTI Moved to authorize the Engineer to the Town to prepare Plans, Specs and Easements for the Wappinger Sewer Transmission lines. Seconded by Mr. Incoronato Motion Unanimously Carried Correspondence was received from Camo Pollution Control re additional fees on the present contract for their maintenance of the newly acquired North Wappinger Water District (formerly Atlas Water Company). They stated they would be able to provide an accurate 0&M budget for $3,000.00 per month which would total $18,000 for the remainder of 1991. Mr. Incoronato pointed out that we have no historical data to go by and felt they should go with the $3,000 monthly fee and see how it works out, then they can adjust the budget for 1992 once they have figures to work with. MR. INCORONATO moved to authorize an expenditure of up to $3,000.00 in a tentative contract with Camo Pollution Control for the operation and maintenance of North Wappinger Water District. Seconded by Mr. Incoronato Motion Unanimously Carried Florence Graff, Chairman of the Conservation Advisory Council, wrote the Board regarding the inactivity of a fairly new member of the group which is hindering their progress. Letters, phone calls have remained unanswered and it appears that no resignation will be tendered. Mrs. Graff feels that the Council is working good together, each contributing their share to its progress and she has found a Town resident whom she feels will be an asset to fill the vacancy that has literally existed since this member was appointed to the Council. The Supervisor noted that she has called this member on several occasions but has not succeeded in making contact. 158 MRS. VISCONTI moved to remove Matthew Landi as a member of the Conservation Advisory Countil, based on the recommendation and documentation of the Chairman, Florence Graff of the inactivity of said member, and appoint Margaret Maruschak to fill out the remainder of his term which expires in June 1992. Seconded by Mr. Incoronato' Motion Unanimously Carried A letter from Joseph Grogan, Director of Engineering with Dutchess County Public Works referenced the cost to the Town for road paint striping 32 miles of Town Roads @ $155 per mile plus other costs at $85. per mile, total $7,680 ($4,960, materials, due by July 31st to the County and the remainder $2,720 for labor due upon completion of work). MR. INCORONATO moved to authorize the expenditure of $4,960. from Highway Budget to Dutchess County Commissioner of Finance for materials to stripe 32 miles of Town Roads, and the balance of $2,720 for labor to be paid upon completion of work which will be arranged by the Highway Superintendent with the County at a mutually convenient time. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from Friendly Acura for return of escrow deposits in the amount of $4,117.62 for engineering and site plan review and $5,000 for landscaping. All documents were in proper form and recommended by the Zoning Administrator. MRS. VISCONTI Moved to return the escrow deposits, $4,117.62 and $5,000.00 to Friendly Acura, based on the recommendation of the Zoning Administrator. Seconded by Mr. Incoronato Motion Unanimously Carried Residents of Schnabl Court in the Town of Wappinger forwarded the Town Board a notification of the formation of a Neighborhood Watch Committee for protection of their homes and asked the Board for approval of this action. Mrs. Smith had no problem with their intent, however, she was aware that the Sheriff Department must be notified and there are probably guide lines they must follow. She would pursue this through Detective Carl Amburgey. MRS. VISCONTI moved to accept the correspondence and place it on 159 file pending notification to the Dutchess County Sheriff by the Supervisor and receipt of proper procedure for the formation of a Neighborhood Watch Committee. Seconded by Mr. Incoronato Motion Unanimously Carried Correspondence was received from the Highway Superintendent regarding a proposed job description for a working foreman which position is included in the union contract and monies appropriated in the 1991 budget. He sought approval to post and fill the position as soon as possible. The Supervisor had reservations on filling in a new position at this time and asked the Highway Superintendent what he had in mind --- will they move another laborer up and so on down the line and when they get down to the newest employee, does he intend to hire another person and his response was that he would eliminate a laborer. The number of his crew would remain the same, except that one would be a working foreman at a higher hourly salary than the laborer. MR— INCORONATO moved to approve the job description, create the position of working foreman to post and fill, and eliminate one laborer. Seconded by Mrs. Visconti Motion Unanimously Carried A second item from the Highway Superintendent was in regard to adding about 24 Town Roads which are being maintained by the Highway Department to the Highway Inventory with New York State which would add revenue to the budget. Some of these roads had legitimate filed deeds, others could be accepted "by use" and he requested that a workshop be set with Al Roberts, Attorney to the Town to determine the course of action they should take. The Supervisor advised him they had to be very careful about roads with sewer and water pipes as, if we accepted them, we would also be responsible for the pipes. This matter was referred to work shop with the Attorney to the Town. Another correspondence from the Highway Superintendent requested permission to sell a 1972 tractor which has been replaced with a 1991 tractor. MR. INCORONATO moved to authorize the Highway Superintendent to put the surplus equipment (1972 International Tractor) out to bid. Seconded by Mrs. Visconti Motion Unanimously Carried 160 Committee Reports --- Mrs. Visconti, Dial -A -Ride, forwarded a letter which is now included with the material for the 1992 budget, stating that 5 days of service in the Town will cost approximately $18,000.00 and there will be a 5% increase in the overall budget. There has been a problem of the seniors being transported late to the Senior Center and Mrs. Smith has arranged a meeting with a representative to set up a a schedule and try to keep our seniors happy. Mr. Incoronato referred to correspondence regarding the enactment of the Hudson River Valley Greenway Council. Mrs. Smith explained that she a call from our Assemblyman who informed her that they would be creating this Council with substantial power and the Town Board would have to have a three plus one vote for anything we did in the whole Town; she then called Senator Saland since it was coming up for vote and asked him to contact her immediately upon the outcome of the vote, however she didn't hear from him for three days after it was passed. She has read the bill and interpreted it to the best of her knowledge that the greenway is just along the River, not the whole Town and the Council will not have all the power. Mr. Incoronato noted that the intent is to create a greenbelt throughout the Hudson River Valley, promote and retain agriculture in the Valley and provide us with technical expertise to provide these type properties and support the intent to maintain a greenbelt, but his point was that each Town can submit the name of one person as a nominee to represent them on the Council. There will be a total of 24 members on this Council, one will be selected from the Towns and Villages in each County involved, (10 Counties in number). This Town should provide them with a name and we could conceivably have a vote on a very important Council that will guide the development of the Hudson River in future years. Mrs. Smith agreed with this but felt they should take it up when they have a full Board present. Resolutions --- A Public Hearing having previously been held by the Town Board on a proposed Local Law for Exemption of Residency Requirement for a Deputy Court Clerk for the Town of Wappinger Justice Court, the matter was placed before them for their consideration. MR. INCORONATO moved to table action on the proposed Local Law to a future meeting when all Members were present. Seconded by Mrs. Visconti 161 Motion Unanimously Carried A Bonding Resolution for a Capital Renewal Note on Drainage was placed before the Board for their consideration at the request of the Comptroller. Since there were only three members present and the Bonding requires four votes, it was agreed to table action. This would also refer to another Bonding Resolution on the Agenda for the consolidation of Serial Bonds. Mrs. Smith set a Special Meeting for July 25th, 1991 at 6:30 P.M. to address the items that they were not able to address due to insufficient number of members present. MRS. VISCONTI moved to table action on the two Bonding Resolutions to the Special Meeting of July 25, 1991. Seconded by Mr. Incoronato Motion Unanimously Carried Consideration of two bids for a Highway vehicle Lift were placed before the Board for their consideration. Mrs. Smith noted that these bids would have to be rejected since one was not up to the specs required and on the other the price was lowered when the Highway Superintendent said he wouldn't accept the original price. The State Department of Audit and Control was contacted and their opinion was to reject this bid since it could look like collusion. MR. INCORONATO moved to reject the bids received for the Highway Lift, and authorize the Highway Superintendent to rebid for the Lift. Seconded by Mrs. Visconti. Motion Unanimously Carried A new bill is on the Governor's desk regarding the maximum amounts spent on equipment and projects which, if passed, will bring it to $10,000 for purchases, increasing from $5,000, and $20,000 total including labor, up from $7,000; this has not -become law as yet and it could be awhile, but if passed would be effective either in January or March of 1992. 162 A Public Hearing was held by the Town Board on the formation of Central Wappinger Water Improvement Area #2 prior to this meeting, and the matter was placed before the Board for their consideration. MRS. VISCONTI moved to approve the formation of Central Wappinger Water Improvement Area #2, as set forth in the Engineer's Map, Plan and Report. Seconded by Mr. Incoronato Motion Unanimously Carried The Town now has three new Election Districts and they now have to designate Polling Places. MR. INCORONATO moved to designate the following Polling Places for the three new Elections Districts in the Town: Ward 1 - District 6 Ward 2 - District 6 Ward 3 - District 8 Seconded by Mrs. Visconti Unfinished Business --- Hughsonville Fire House Chelsea Fire House Knights of Columbus, Rt. 82 Motion Unanimously Carried At the last meeting the Town tabled a recommendation from the NYSDOT to request a Town Wide 30 MPH speed limit (with the exception of State and County Roads) for further review. It was again placed before them for their consideration. MRS. VISCONTI moved to table this matter to a future work shop. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Smith set this for the August 12th, 1991 work shop at which time they will also discuss Mr. Foster's request to accept Town Roads. Mrs. Smith brought up a requirement of the Peddler's License to move the vehicle 1,000 yards every half hour and she felt this should be amended as it is an ahnostimpossible thing to do when you're selling hot dogs, etc. She understands what prompted this since we have people in business paying taxes, but they have been issued a license and it takes them forty-five minutes to set up, then they have to move every half hour; she felt they should look into lengthening the time they would be required to move. Mr. Incoronato brought up the status of the demolition of the house at Rt. 9D and Middlebush Road and it appears that the Attorney to the 163 Town was delaying progress, according to the Supervisor, however Mr. Roberts gave his reasons why everything had to be done properly or it would cause the Town more problems. It was scheduled to appear on the next Town Board Agenda. The Attorney was finalizing the Sofair Easement relating to the Wappinger Park Water District and this would be addressed at the Special Meeting of July 25, 1991 along with the Bonding Resolutions. New Business --- John Schouten, Ketchamtown Road, was recognized by the Chair and requested to address the subject of big money related to him; he proceeded to point out unfair expenses of the Wappinger Central School District, such as the Superintendent's salary when he isn't working due to suspension, people that don't work but do get paid, then he went on to County expenses, then on to waste of money in the State, then finally made his point and requested the Town to approach the State Legislators for legislature allowing the taxpayers to pay the amount of taxes in proportion to the amount paid for the property as stamped on the original deed and this, he contended, should be for the rest of his life. If the property is sold then the new owner will pay taxes on the purchase price and that will remain until he sells the property. We don't need outside firms to do the assessing, they're robbing us blind and killing the little people who made this country. Mr. Incoronato zeroed in stating that he shared John's concern and we're gradually losing everything that we moved to this area for, which is open spaces and natural preservation, however, in John's case, and he has mentioned it before, there is such a thing as a conservation easement. It has worked, there is precedent for it and there are people taking advantage of it ---the landowner goes to the local Assessor and tells him he wants to lower the assessment on his property by altering the deed by restricting any further development on the property. It will afford him tax relief, it's a boom to the community. By doing this he will devalue the property, lower the assessment and will be of no value to a developer. The property owner has to pursue it, the Town Board cannot do it, and he strongly urged Mr. Schouten to initiate this and let them know how the Assessor handles it. Mr. Schouten did not appear to want to do this since he's keeping it open now, he doesn't want to sell it, he paid $6,700 for it fifty years ago, and paid $110 in taxes. He thanked the Board for 164 listening and there were no further comments made. The Supervisor made an announcement about the water ban in the Town of Wappinger which she was sure everyone knows about at this point since everyone is calling for details. In order to do this, legal notices had to be put in the paper and this has been done in the Poughkeepsie Journal but also has to be put in our designated paper, the Southern Dutchess News, which will be in their next publication. There will be no further warnings, tickets will be issued to violators of the ban. Camo Pollution Control keeps the Supervisor advised daily of the progress of the water table, and will advise her when the ban can be lifted. Most people are cooperating, there have been a few who have stated they will not do it, but there has been some improvement since the ban was announced. A Memo was received from Mr. Classey, Building Inspector requesting to raise the fee for Certificate of Occupancy Fees from $10.00 to $25.00 due to the extra time it takes the employees to do these for Abstract Companies involved in Title Searches for mortgage applications. He gave statistics on the number conducted last year (490) and this year (291). He contended that the present fee is not appropriate due to the fact that private companies are making large profits by the work that his department does. MRS. VISCONTI moved to adopt the new fee schedule of $25.00 for Certificate of Occupancy (C.O's) searches, as recommended by the Building Inspector. Seconded by Mr. Incoronato 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 adjourned at 8:25 P.M. (� Elaine H. Snowden Town Clerk Reg. Mtg. 7/22/91