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1991-05-29 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 29, 1991 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES reg. April 22, 1991 4. REPORTS OF OFFICERS: Sup/Compt Rec. of Taxes Town Justices H. Supt. Dog Control Officer Bldg Insp Zng Adm.(for March & april) 5. PETITIONS & COMMUNICATIONS a. Justine Winters, Principal, request permission to use Town Rds for "Myers Run Against Drugs" on June 1st b. Barbara Hairston, WCSD Clerk, requests permission to use 7 Voting machines for School Budget vote on June 19th c. Application for Hawking & Peddling license - Joanne Minutolo d. Request for return of $500 escrow - M. Stenger, 2 Harbor Hill Rd. e. Request from JDVM Realty for return of $1000 escrow -Landscaping Rt 9 lot f. Accept letter of Credit - Wm L. Staples, Red Hawk Hollow Subd. g. Trish Maupin, Rec. of Taxes requests permission to attend Seminar Ellenville, June 11th, & M. Lieberman, Fire Insp. requests permissio to attend Codes Course on wood frame bldgs May 29 -May 30 h. J. Paggi, Eng. Corr.: (1) letter to Preston Clark, NYS Revolving fund for Water Pollution control -Supervisor set up appropriate meets g (2) Proposed Drainage for Short Court. i. 2 Notices of Public Hearings from T/LaGrange for amendments to T/Zng Cod j. Report from G. Foster, H. Supt. re: Telephone Charges k. T. Classey, Bldg, Insp., Corr. to Nicholas Dagnone re: demolition of dangerous Building in town 1. A. Waddle, Dist. Sect'y, Hughsonville Fire Dist, re: project design for fire protection of the Alpine project. m. A. Roberts, Attny.to Twn. Opinion Letter re; use of Rec land for private organizations n. NYS Office of Parks, Rec. & Historic Pres., re: Wheeler Hill Histori District o. Corr. from A. Roberts & T. Rothman re: Special Legislation -Water dis s;.. p. Gordon Robbins, Losee Rd., requests permission to hook up to Town water as a Tenant q. Rev. Dalrymple, Community Baptist Church, request waiver of fee or' permission to submit a Bond in lieu of cash 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Consider adoption of Local Law on Board of Architectural Review .. b. Central Hudson - Street Lighting for Kendell Rd. at Old Hopewell Rd. c. Request from Comptrollers Office for Transfer of Funds -t -G+ -AKA rh4mi d. Requests from R. Holt, Rec. Ch. for Transfers of funds for: Fencing project -Robinson Lane (add'l cost) (2) permission to purchase 25 ft trailer, and if approved, to transfer cost from A7110.4 to .2 (3) Transfer $5,000 for GazA o from A7110,4 to A7110.2 e. Introduce consolidated Local Law on "STOP" Signs for Town Roads f. Amendment to town Policyy� re: Jury Duty g. Bond'n Resolutai n for- appinger Sewer Transmission/Treatment Imp. 7 h. Reso inion Estab�ising Drug Free School Zone 8. UNFINISHED BUSINESS a. Request from town Clerk for Add'l $500 Salary for new Deputy b. Establish salary for Deputy Court Clerk, and direct Attorney to prepare Local Law on residency c:' -''NYS Supreme Court - Stipulation of Settlement of Article 78 vs Town 9. NEW BUSINESS 1r��i (.�'l ,�'v 1 `fit •.,'i, r .r'; i., ,C <'�/ �'i ��:.:1� 10. ADJOURNMENT 1 REMINDER: PUBLIC HEARING ON LOCAL LAW FOR BOARD OF ARCHITECTURAL REVIEW at 7:25 P.M. rqa 112 The Regular Meeting of the Town Board of the Town of Wappinger was held on May 29th, 1991 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Smith opened the Meeting at 1:30 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 Regular Meeting of April 22, 1991, having been forwarded to the Board Members, were placed before them for their consideration. Mrs. Smith wanted a correction made on Page 94 in reference to a motion she made which read ---Mrs. Smith moved to authorize the Engineer to modify the permit for WSIA#1, which should read ---authorize the Engineer to apply for a modification. MRS. VISCONTI moved that the Minutes of April 22, 1991, be and they are hereby approved, as corrected, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Reports were received for the month of April" from Receiver of Taxes, Town Justices, Dog Control Officer, Building Inspector, Zoning Administrator for March & April, Highway Superintendent. MRS. VISCONTI moved to accept the above stated Reports and place them on file. Seconded by Mr. Incoronato .Motion Unanimously Carried Petitions & Communications --- A request was received from Justine Winters, Principal Myers Corners Elementary School, for permission to use Town Road for their fourth annual "Myers Run Against Drugs" on June 1, 1991. 113 Mr. Foster noted that last year there was little or no supervision of the groups of young kids walking on Kent Road, which he felt is a very dangerous road to be walking on. He offered to place cones on the road so they could walk between the cones and the shoulder of the road. Since this event is only two days away, Mrs. Smith planned to phone the school to give permission, but now she will give them instructions to conduct the run in a safer manner, as suggested by Mr. Foster. As is our custom in the past, we have informed those in charge to contact law enforcement and emergency agencies to inform them of this activity, locations and times. MR. VALDATI moved to grant permission to Myers Corners School to conduct the "Myers Run Against Drugs", and ask them to provide the proper insurance and alert the respective agencies of this event. Seconded by Mrs. Visconti Motion Unanimously Carried Barbara Hairston, District Clerk of the Wappingers Central School District wrote to the Board requesting the use of seven Voting Machines for the Annual Election on June 19, 1991. MR. VALDATI moved to grant permission to the Wappingers Central School District to use seven Town Voting Machines for their Annual Election on June 19, 1991, under the supervision of the. Highway Department. Seconded by Mrs. Visconti Motion Unanimously Carried An application for a Peddler's License was received from Joanne Minutolo for the sale of hot dogs, etc. MR. INCORONATO moved to grant the Peddler's License to Joanne Minutolo to sell hot dogs throughout the Town. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Classey, Building Inspector, requested the return of $500 escrow deposit to Martin Stenger, 2 Harbor Hill Road . MRS. VISCONTI moved to return the $500 escrow deposit to Martin Stenger, based on the recommendation of the Building Inspector. Seconded by Mr. Incoronato Motion Unanimously Carried 114 Mr. Levenson requested the return of $1,.000 to JDVM-New Retail Facility, escrow deposit for landscaping. MRS. VISCONTI moved to return the $1,000 escrow deposit to JDVM Realty for landscaping of the Route 9 lot, at the recommendation of the Zoning Administrator. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Levenson forwarded a Letter of Credit for the Red Hawk Hollow Subdivision, William Lee Staples, in the amount of $177,260.40, for acceptance by the Town Board. MRS. VISCONTI moved to accept the Letter of Credit in the amount of $177,260.40 for the Red Hawk Hollow Subdivision. Seconded by Mr. Incoronato Motion Unanimously Carried Patricia Maupin, Receiver of Taxes, requested permission to attend an Annual Training Seminar for Tax Collecting Officers on June 11, 1991 at Ellenville, New York. MR. VALDATI moved to grant permission to Patricia Maupin, Receiver of Taxes to attend the Tax Collecting Officers Seminar at Ellenville, New York on June 11, 1991, and her legitimate expenses will be a Town charge. Seconded by Mrs. Visconti Motion Unanimously Carried The Dog Control Officer, Ann. Marie Buck, requested permission to attend a course on Basic Animal Control at Delhi, New York at a cost of $175. MR. INCORONATO moved to grant permission to the Dog Control Officer to attend the course at Delhi, New York and her legitimate expenses would be a Town charge. Seconded by Mrs. Visconti Motion Unanimously Carried The Fire Inspector requested permissionto attend a course on Wood Frame Structure on May 29 and 30, 1991, a required course. MR. INCORONATO moved to grant permission to.Mark Liebermann to attend the course on Wood Frame Structure on the dates specified, and all legitimate expenses incurred will be a Town charge. Seconded by Mrs. Visconti Motion Unanimously Carried 115 Three reports were received from the Engineer to the Town --- the first was a letter to Preston Clark re the New York State Revolving Fund for Water Pollution Control regarding submission of an application for funds when we are ready to do financing of Phase 1 of the Wappinger Sewer Transmission/Treatment Improvement. A meeting has been set by the Supervisor for a discussion on the time frame of this financing. Mr. Paggie noted that the wheels are in motion. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Fanuele Motion Unanimously Carried Mrs. Smith noted that they require the map and plan, a letter outlining the project and an explanation why the Town wants an early hook-up; these items will be forwarded to Mr. Clark tomorrow. Next was a map from the Engineer on proposed drainage improvements Shale Drive/Short Court. The Highway Superintendent had included this in his budget and plans to have his department do this work. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Fanuele Motion Unanimously Carried Another Report was added to the Agenda on a Change Order for the Ketchamtown Road Drainage Project due to the time frame on this particular job. Mr. Paggi explained that the Change Order became obvious last week, however, the contractor just forwarded the price change today, thus the reason for the lateness of the correspondence. It was due to a decision by both the Highway Superintendent and the Engineering firm to draw a plan to improve the roadway along with the drainage facilities at the same time. According to the figures presented by Mr. Paggi, the Change Order total net amount will be $37,972.00; the total contract $268,275.00 less $27,625.00 being paid by a resident of the road, Jerry Pacilli who will benefit from the project. The Drainage Project Bond Issue was $384,780.00 for this line item so there is more than enough money to complete the Change Order work and remain well within the budget. MRS. VISCONTI moved to approve the Change Order for the Ketchamtown Road Drainage Project, as outlined by the Engineer to the Town. Seconded by Mr. Incoronato Motion Unanimously Carried Two Notices of Public Hearings were received from the Town of LaGrange to amend the Town Code Zoning. MR. VALDATI moved to accept the Notices of Public Hearing and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried 116 A Report was received from Graham Foster, Highway Superintendent re telephone costs at the Highway Department. He indicated that after having the service investigated by a representative of the Telephone Company, it was determined that a preliminary credit of $1,004.88 was due to the Town which covered the last six months. This action was prompted by a complaint from the Supervisor to the Highway Superintendent about the exhorbitant telephone bill she had received for that department's service. Mrs. Smith said she intends to investigate further, at least back to January of 1990 when she took office and see if they could receive further reimbursement, which she felt was very probable. MRS. VISCONTI moved to accept Mr. Foster's Report and place it on file. Seconded by Mr. Fanuele Motion Unanimously Carried A Report was received from Thomas Classey, Building Inspector re a dangerous structure at Route 9D and Middlebush Road; this Memo was dated April 18, 1991 and as reported by Mr. Classey this goes back to August 16, 1990 when a Memo was sent to Nicholas Dagnone, owner of that structrure, ordering him to demolish the structure by the 15th of October, 1990, or in lieu of that action, repair the structure to a degree that it is structurally sound and safe. Mr. Dagnone was directed to contact the Building Department by the lst of September 1990 to inform them of his intentions regarding the dangerous structure. Nothing has been done by the owner and the Board Members have been concerned. The Attorney stated that a Public Hearing will be required by the Town Board, then declare that an emergency exists. Certain documents must be obtained by the Town, however, before they can set this Hearing. Mr. Incoronato read excerpts from Mr. Classey's Memo to Mr. Dagnone---"In the interim, I am commencing actions to remove the building, with this letter being the initial step in that procedure". ---"If this office does not receive an acceptable proposal 117 from you by May 3rd, 1991, I will request bids for demolition and commence actions to demolish said dangerous structure". After a brief discussion, the Supervisor recommended that they add this matter to the June 3rd, 1991 work shop. There were other structures that Mr. Valdati was concerned about and he requested that the Building Inspector submit a report to the Town Board regarding the status of this matter. Mr. Arthur Waddle, District Secretary, Hughsonville Fire District wrote to the Town Baord regarding the project design for fire protection of the Alpine project. Mr. Levenson informed the Board that the Fire Prevention Bureau had reviewed the plans many times; Mrs. Smith pointed out that Mr. Waddle, and Mrs. Tompkins, Fire Company Secretary, Hughsonville, both sit on the FPB so they should be aware of what is happening with this project. The letter states that the Board of Fire Commissioners requests that the Town Board take a hard look at construction along Route 9 and the non-existent water supply for fire fighting, and if necessary, halt all construction until an adequate water supply can be provided. Mr. Incoronato felt that they were raising an important issue, and the District will have to purchase additional equipment to provide adequate fire protection which will be an added burden to District residents. Mr. Incoronato then referred to a letter from the D.E.C., Deputy Regional Permit Administrator, Region 3 to the Alpine Company regarding the D.E.I.S. submitted by the Company and accepted by the Town Planning Board and due to significant changes including project phasing and development of an on site wastewater treatment facility in lieu of connecting to a municipal sewer system ---their determination was that because of one or both of these factors, it would necessitate the need for a supplemental E.I.S. and revisions to the Town findings statement. He then went on to say that in the letter of acceptance by the Planning Board there is no supplemental E.I.S. The Engineer noted that the Phase 2 application was retracted by the developer; the sole method for sewer disposal was defined as a connection to the Village of Wappingers Falls municipal sanitation sewage collection system; both of these points were addressed in the resolution of final approval. 118 Mr. Roberts assured the Board that both he and Mr. Paggi had long discussions with the representative from the D.E.C. and all of his concerns were addressed in detail at the Planning Board level in the resolution. t:: In answer to Mr.Incoronato's question on Phase 2, Mr. Paggi said that the property is a wetland and it will not be developed unless the D.E.C. says it can be; the Town has no jurisdiction now that the D.E.C. has labeled it a wetland. There was a motion made and seconded to file the correspondence and further discussion ensued. Mr. Fanuele felt that if the Board of Fire Commissioners were not satisfied with the Planning Board's approval of the project, the Town Board should take a long hard look and have a work shop with them to discuss their concerns and he wished to put this in a form of a motion, however the Board already had a motion on the floor. MRS. VISCONTI moved to receive the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried t MR. FANUELE moved to schedule a work shop to discuss fire protection along the southern portion of Route 9. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Smith scheduled the date of the work shop For July 8th, 1991. The Supervisor then referred to another communication from the Hughsonville Fire Dept. regarding the installation of a light at the recreation area, which she has since found out has already been placed at that site but they are requesting that it be transferred to the Hughsonville Lighting District. MR. FANUELE moved to authorize the Supervisor to contact Central Hudson and request that they add this light to the Hughsonville Lighting District. Seconded by Mrs. Visconti Motion Unanimously Carried 119 An opinion letter was received from the Attorney re Lease/License/ Concession of Town Property for baseball or soccer camp sponsored by private organizations. The Attorney explained that they can, under certain circumstances let Town owned properties be used for profit making ventures.and the guidelines for this was listed on Page 2 of Mr. Robert's correspondence. It has been the policy of this Town, for many years, not to permit use of Town owned property for any money -making or commercial ventures, however, the determina- tion rests solely with the Town Board. There are two such requests pending ---one from Little Leagije for a training camp and one from the t;. Wappinger United Soccer League -for a similar purpose. Mr. Incoronato did not feel that this was a great imposition on the residents, no loss to the community, the activities would be for a week at the most and it would be a benefit to the children who participate and learn more about that particular sport ---it's not a million dollar concession at public expense. These organizations are open to all children of our Town which, it appears, would satisfy one of the requirements. There was some discussion on the expense of cleaning the fields after these organizations have finished with their camps, however, Mrs. Smith pointed out that both organizations have always cleaned the fields after use and have left them immaculate. MRS. VISCONTI moved to authorize the Supervisor to forward letters to the Town of Wappinger Little League Association and the Wappinger United Soccer League informing them that they may use the Town Fields for their camps, under the supervision of the Recreation Commission. Seconded by Mr. Fanuele Motion Unanimously Carried A communication from the New York State Office of Parks, Recreation and Historic Preservation indicting that the State Review Board has recommendedto the Commissioner of Parks, Recreation and Historic Preservation, that Wheeler Hill Road and Old Troy Road be listed on the New York State Register of Historic Places and nominated to the National Register of Historic Places. It was reviewed and has been listed on the State Register of Historic Places and will be forwarded to the Keeper of National Register in Washington, D.C. for their decision as to whether this area will be placed on that Register and when they have made this determination, we will be notified. 120 Mr. Foster questioned whether this designation would have any impact on the widening of this road since there is a section of Wheeler Hill Road which he felt was extremely dangerous. This was a question the Supervisor was hesitant to answer since if the subject matter happens to be very important to the historians, they could raise a rumpus about it, but it was more likely that they would get upset about taking a chunk out of a house rather than out of the road. Mrs. Smith referred Mr. Foster to the New York State Department of Historic Preservation where he could write and get an opinion on the proposed widening of the road. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Fanuele Motion Unanimously Carried Correspondence was received from Mr. Roberts and Thomas Rothman, Bonding Council re legislation authorizing the consolidation of improvement areas and water districts into one Town District for present and future simplication of bonding procedures and administra- tion of the districts. Mr. Rothman has been submitting proposed legislation to Audit and Control and haggling with them for over nine months in an effort for them to submit it to the legislators. He redid them, resubmitted them to Audit and Control and it appears. that they now comply with their recommendations. H;e now needs authorization from the Board to forward the proposed legislation to the State Legislature for their consideration. Mr. Fanuele questioned whether all our water systems would be included in one consolidated district; the Attorney replied that this was the intent, however, they would still be administered as they are presently -- they would have their own benefit assessment, their own budget, retain their specific names except that they would no longer be labeled "Improvement Areas", but rather, "Districts" --for example Tall Trees Water Improvement Area would become Ta;� Trees Water District, and so on with all of them. There was still confusion on the resolution presented by Mr. Rothman and the Supervisor recommended that they set a work shop discussion to straighten it out for all the Board Members. MRS. VISCONTI moved to table action on this matter and refer it to a future workshop when all Board Members, Mr. Roberts, Mr. Paggi and 121 Mr. Rothman can attend. Seconded by Mr. Fanuele Motion Unanimously Carried Mr. Gordon Robbins, 53 Losee Road, wrote to the Board requesting that he be given permission to become a tenant to CWWIA since the Alpine Company will run a water line from the intersection of Spook Hill Road and Myers Corners Road for their development. The line will run along Losee Road in front of approximately sixteen homes, one of which is owned by Mr. Robbins. He is considering giving the company an easement to run the pipeline through his property, however, it is important that he be given permission to tie into the line as he presently has water problems (bad taste/odor problems). He was present to address the Board on this request. Mr. Paggi indicated in his letter of May 22, 1991, that "on the surface it would appear that these homes could become tenants to this district, if requested". However he recommended that a workshop be scheduled to discuss the matter with our operators, Camo Pollution Control and he also wished to be in attendance. Mr. Paggi pointed out that this water line is for fire protection only for the Alpine Development and they will not s be allowed to use it for potable purposes or even for maintenance use. Mr. Robbins discussed his water problem with the Board and indicated that the easement would not be given to Alpine unless he was given permission to become a tenant when the water line was operable. It was evident to the Supervisor that a work shop discussion was needed for this request and she set it for Monday, June 3rd, 1991 at 7:45 P.M. and a representative from Camo Pollution Control would be requested to attend. Reverend William Dalrymple, Pastor of the Community Baptist Church wrote to the Board in regard to a sewer hookup project for their Meetinghouse. The Highway Superintendent requested them to post a $500 cash bond before the permit is issued; the Church received approval from the Town Board last October 1990. Mr. Foster explained that this project involves just a few feet of Edgehill Drive but it involves crossing All Angels Hill Road, a County Road and the County has not waived their bond. They have to dig up at the very beginning of Edgehill Drive which is on a County Right -Of -Way although the County does not maintain off the edge of the pavement. His Department patches the pot holes at these locations. All he is asking the Church to do 122 is make sure the road is put back in proper condition. He did not want to waive the cash bond since he has had problems before but if the Town Board did not have a problem with it, it was alright with him. Rev. Dalrymple stated in his letter that if they could not waive this fee, they would like permission to submit a performance bond in lieu of cash, noting that they were a small congregation with a very tight cash flow. Another request from the Reverend was for the Town to waive the sewer fee until they were actually ready to proceed with the work; the permit, he pointed out, states that the fees will start being charged after 30 days of issuance and they have yet to acquire other permits needed for the project. All these items were discussed by the Board, pro and con, and it was the concensus of opinion that they could not set precedents by granting these requests. It was not the usual policy of the Town to waive fees; accepting a performance bond in lieu of cash would be another problem if the work was not completed properly, they would have to sue to receive the money from the bond and in the case of the sewer fees this policy was set due to similar circumstances in the past when it took over a year, sometimes for them to hook into the system and the fees were never collected until such a time when it was discovered that certain parcels were indeed hooked into the system but the payments had not started. MRS. VISCONTI moved to deny the requests from Reverend Dalrymple, Pastor of the Community Baptist Church in reference to a sewer hookup. Seconded by Mr. Valdati Motion Unanimously Carried Mrs. Smith called for a brief break to recognize the Ketcham High School Students who were present to have the Town Board sign their confirmation of attendance at the meeting. Committee Reports --- Mr. Fanuele, Mr. Valdati and Mr. Incoronato had no reports for this Meeting. Mrs. Visconti, Dial -O -Ride Meeting May 16, 1991, gave out statistics -- since January of 1991 when the Town took over the Senior Citizen Program, Dial -O -Ride trips for the Town of Wappinger have increased over 100 trips per month. Jan. ---348, Feb. ---455, March ---469, and April ---470. In the 1992 Budget they will address the request for 123 a fifth day of service. Resolutions --- A Public Hearing having been held on a proposed Local Law Amending Section 428 of the Zoning Law entitled "Architectural and Historic District Advisory Board", the matter was placed before the Board for their consideration. Mrs. Smith noted that they had received a favorable response from the Dutchess County Planning Board on this proposed Law. MR. FANUELE moved to adopt Local Law #5 of 1991 as follows: (Attached hereto and made part thereof of the Minutes of this Meeting). Seconded by Mrs. Visconti Motion Unanimously Carried Central Hudson Gas & Electric Corporation forwarded a Street Lighting Authority Order for approval by the Board for a street light at Kendell Road off of Old Hopewell Road. MR. FANUELE moved to approve the Street Lighting Authority Order and authorize the Supervisor to sign said Order for the Street Lighting Service at Kendell Road. Seconded by Mr. Incoronato Motion Unanimously Carried A request was received from the Comptroller's Office for Budget Amendment Request due to the fact that Medicare is now shown separately on the payroll stubs as opposed to it being included in the FICA. The monies were appropriated under the Social Security line item but should have been under the Medicare line item. From 9030.-8A 9030.8B 9030.8DB(Highway 9030.8SF(Sewer) 9030.8SI 9030.8SM 9030.8SR 9030.8SW To . Amount 9035.8k $11,000.00 9035.8B 4,000.00 9035.8DB(Highway) 3,000.00 9035.8SF (Sewer) 15.00 9035.8SI 45.00 9035.8SM 15.00 9035.8SR 40.00 9035.8SW 15.00 (Fleetwood) (SI#1) (Mid -Pt. Pk.) (Rockingham) (Wildwood) 9030.8WA (Water) 9035.8WA 10.00 (Ardmore) 9030.8WC 9035.8WC 340.00 (CWW) 9030.8WF 9035.8WF 15.00 (FLeetwood) 9030.8WH 9035.8WH 2.00 (Watchhill) 9030.8WO 9035.8WO 10.00 (Oakwood) 9030.8WP 9035.8WP 10.00 (Wapp.Park) 9030.8WT 9035.8WT 10.00 (Tall Trees) MRS. VISCONTI moved to approve the Budget Amendment Requests as stated by the Comptroller's Office. Seconded by Mr.Incoronato Motion Unanimously Carried 124 The Comptroller forwarded a Memo to the Board stating that a $2,000.00 Grant was approved by Dutchess County Planning Department for Community Development for E.C.H.O. Demonstration Project. Since the project was never done, the Town did not draw down on the monies, however they can request this money be transferred to another Town project -namely the Master Plan and to do this they must adopt a resolution stating their intent. Mrs. Smith explained that they must use the money for a qualified project or lose it. Her first idea was to have a study done on the possible enlargement of the senior citizen center, however she was not encouraged on this and it was recommended that the Town apply these monies to reimburse expenses incurred for the development of the Master Plan. MR. INCORONATO moved to approve a transfer of the $2,000 Community Development originally for the E.C.H.O. Demonstration Project to the Town Master Plan. Seconded by Mrs. Visconti Motion Unanimously Carried Mrs. Smith set a Public Hearing for June 24th, 1991, at 7:20 P.M. at the Town Hall, 20 Middlebush Road, Town of Wappinger, New York to hear all interested persons on the community Development Grant. A Memo was received from the Recreation Commission for budget transfers ---the first for $1,071.25 from A-7110.4 to A-7110.2 due to a higher price on the fencing project at Robinson Lane; the second for $2,500 from A-7110.4 to A7110.2 for the purchase of a 25'trailer to transport 2 mowers at a time to the various Town parks; the money is available in their budget. 125 MRS. VISCONTI moved to approve the Budget Transfers requested by the Recreation Commission. Seconded by Mr. Incoronato Motion Unanimously Carried A second Memo from the Recreation Commission was for a transfer of $5,000 from the Parkland Trust Account to the Senior Citizen Account 7620.4A for the construction of a small Gazebo which they felt would be a welcome addition to the Senior Citizen Program. They have just completed a boccie court and horseshoe pit at the Town Hall and Mr. Holt said the Commission is continually attempting to enhance the existing program and bring additions that all can enjoy. He felt the Town employees could enjoy the Gazebo during their lunch breaks. Mrs. Smith noted that she asked the Chairman of Recreation to send a letter to the Rotary Club several months ago requesting a donation for either part or all of the costs of the Gazebo but she has not received a response. MRS. VISCONTI moved to approve a transfer from the Parkland Trust to the Senior Citizen Account in the amount of $5,000 for the construction of a Gazebo at the Town Hall. Seconded by Mr. Incoronato Motion Unanimously Carried The following Resolution was offered by COUNCILMAN FANUELE who moved its adoption: WHEREAS, the Town Board has recently received recommendation from the Superintendent of Highways to establish the following full stop streets: River Road North at its intersection with Bank Street; Skytop Drive at its intersection with River Road North; Pye Lane at its intersection with Montfort Road; Rosewood Drive at its intersection with Cedar Hill Road; Wheeler Hill Road at its intersection with Old State Road; and Edgehill Drive at its intersection with Brothers Road; and WHEREAS, the Town Board has determined that these aforementioned streets be designated full stop streets and stop signs be appropriately iA erected thereon; and WHEREAS, the Vehicle and Traffic Law of the State of New York has been recently amended to permit towns to increase the maximum penalty for traffic infractions; and WHEREAS, the Twon Board has determined that it is in the best interests of the public health, welfare and safety of the people of the Town of Wappinger to consolidate into one local law all traffic and parking regulations heretofore created by prior Local Laws pertaining to public areas, Town and county highways located in the Town, and to increase the maximum penalty that may be imposed for infractions of these regulations as authorized by Section 1800 of the Vehicle and Traffic Law, 126 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption a Local Law of 1991 in the form annexed hereto. 2. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to ARticle 8 ECL and the related title 6, part 617-NYCRR. 3. 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. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in 617.11 NYCRR and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby issues a Negative Declaration of Significance for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and further directs the Town to provide for the filing and distribution of same as provided by law. BE IT FURTHER RESOLVED that the Twon Board hereby schedules a Public Hearing on the proposed adoption of this Local Law of 1991 to be held at the Town Hall on the 24th day of June, 1991 at 7:00 o'clock in the afternoon and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. Seconded by: Supervisor Smith Roll Call Vote: 5 Ayes 0 Nays A LOCAL LAW REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF WAPPINGER ------------------------------------------------------- (Attached hereto and made part thereof of the Minutes of this Meeting). The Local Law was introduced by COUNCILMAN FANUELE. The following Resolution was offered by COUNCILMAN FANUELE who moved its adoption: WHEREAS, the Town Board has heretofore received requests from owners and managers of privately owned properties within the Town of Wappinger to designate "Fire Lanes", "Safety Lanes" and "No Parking" areas and otherwise regulate traffic within privately owned or controlled areas of the Town of Wappinger; and WHEREAS, the TownBoard has heretofore received recommendations from the Superintendent of Highways and the Fire Inspector of the Town of Wappinger to establish such regulations with respect to traffic and parking within privately owned or controlled areas in the Town of Wappinger; and WHEREAS, the Vehicle and Traffic Law of the State of New York has been recently amended to permit towns to icnrease the maximum penalty for traffic infractions; and WHEREAS, the Town Board has determined that it is in the best interests of the public health, welfare and safety of the people of the Town of Wappinger to consolidate into one local law all traffic and parking regulations heretofore created by prior Local Laws pertaining to privately owned or controlled areas in the Town of Wappinger, and to increase the maximum penalty that may be imposed for infractions of these regulations as authorized by Section 1800 of the Vehicle and Traffic Law, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 127 1. The Town Board hereby introduces for adoption a proposed Local Law of 1991 in the form annexed hereto. 2. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related title 6, Part 617-NYCRR. 3. 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. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in 617.11 NYCRR and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby issues a Negative Declaration of Significance for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and further directs the Town to provide for the filing and distribution of same as provided by law. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of this Local Law of 1991 to be held at the Town Hall on the 24th day of June, 1991 at 7:10 o'clock in the afternoon and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. Seconded by: Supervisor Smith Roll Call Vote: 5 Ayes 0 Nays A LOCAL LAW REGULATING TRAFFIC AND PARKING WITHIN PRIVATELY OWNED AREAS IN THE TOWN OF WAPPINGER ----------------------------------------------------- (Attached hereto and made part thereof of the Minutes of this Hearing). The Local Law was introduced by COUNCILMAN FANUELE. The Supervisor noted that when the Town Policy for Employees was revised when this administration took Office, Jury Duty was not taken into consideration. MR. VALDATI moved to approve the following amendment to the Town Policy for Employees --- Town Employees serving on Jury Duty will not be penalized by pay reduction nor loss of time; however, the employee must verify having so served and turn the stipend over to the Town; the employee may retain monies paid to him/her for expenses. Seconded by Mrs. Visconti Motion Unanimously Carried 128 The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: A RESOLUTION AUTHORIZING THE ISSUANCE OF $17,020,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE CONSTRUCTION AND INSTALLATION OF PROPOSED SEWER IMPROVEMENTS TO SERVE A BENEFITTED AREA OF SAID TOWN TO BE KNOWN AS WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA. WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly an Order dated March 11, 1991 and the approval of the Comptroller of the STate of New York on April 12, 1991 the Town Board of the Town of Wappinger, Dutchess County, New York, has established the Wappinger Sewer Transmission/Treatment Improvement Area; and WHEREAS, it is now desired to authorize the issuance of $17,020,000 serial bonds of said Town to pay the cost of the sewer improvements proposed for said Wappinger Sewer Transmission/Treatment Improvement Area; and WHEREAS, all conditions precedent to the financing of such capital project, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the construction of transmission facilities, to be used in combination with existing sewer trunk lines, for the purpose of delivering sewage within Phase One of the Wappinger Sewer Transmission/ Treatment Improvement Area to the existing Tri -Municipal Pumping Station located in the Village of Wappingers Falls for further transmission through existing and proposed facilities to the Tri -Municipal Waste- water Treatment Facility, and the construction of an addition to the Tri -Municipal Wastewater Treatment Facility, for the purpose of treating sewage generated, initially, from Wappinger Sewer Improvement Area No. 1 and the Rockingham Farms Sewer District, with future expension to be authorized and funded at a later date that will, ultimately, treat sewage generated from the entire Wappinger Sewer Transmission/Treatment Improvement ARea, as more fully described in the aforementioned Order, there are hereby authorized to be issued $17,020,000 werial bonds of the Town ofWappinger, Dutchess County, New York pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose if $17,020,000, and that the plan for the financing thereof shall consist of the issuance of the $17,020,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of -the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including -renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Improvement ARea which the Town Board shall determine 129 and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on said bonds and bond anticipation notes issued in anticipation of the issuance of such serial bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds and notes as the same become due. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town, including but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the STate Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The Supervisor is hereby further authorized, at his or her sole discretion, to execute a loan agreement, a project financing agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond issue of said Town in the event of the sale of same to the New York State Environmental Facilites Corporation. Section 10. Bond resolution dated August 27, 1990, authorizing the issuance of $500,000 serial bonds of said Town to pay the cost of planning for the establishment of the Wappinger Sewer Transmission/ Treatment Improvement Area is hereby superceded. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Twon is not authorized to expend money, or 130 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complieiwith, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution, which takes effect immediately, shall be published in full in the Southern Dutchess News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the Town Board has determined that it is in the best interests of the public health, welfare and safety of the residents of the Town of Wappinger, and particularly the children of said Town, and to further the enforcement of laws prohibiting the sale and distribution of illegal drugs, controlled substances, and narcotics, by authorizing the installation of signs containing the following words "Drug Free Zone" along public highways within 1000 feet of schools or 100 feet of public playground and other areas frequented by youth. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption a proposed Local Law of 1991 in the form annexed hereto. 2. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself lead agency pursuant to Article 8 ECL and the related Title 6 Part 617-NYCRR. 3. 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. 4. 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 will not create any significant adverse impacts on the environment and hereby issues a Negative Determination of Significance for this project. 5. 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 filing and distribution of same as provided by law. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of the Local Law to be held at Town Hall on the 24th day of June, 1.91 at 7:20 o'clock in the afternoon and that the Town Clerk be directed to post and publish the Notice of Public Hearing in the dorm annexed hereto, as required by law. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays A LOCAL LAW AUTHORIZING INSTALLATION OF SIGNS DENOTING DRUG FREE ZONE ----------------------------------------------- 131 COUNCILMAN VALDATI introduced the following proposed Local Law" BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. LEGISLATIVE INTENT The Town Board recognizes the proliferation of the illicit use of drugs, narcotics and controlled substances in our society as one of the most threatening and dangerous problems facing our youth. The Town Board has supported programs which educate our young people about the dangers of the illicit use of drugs, narcotics and controlled substances and supports those programs which prevent these problems before they begin. The New York State Division of Substance Abuse Services supports enacted legislation which allows municipalities to create "Drug Free" zones in areas near schools, noting that such "Drug Free" zones create an atmosphere and attitude against the use of drugs and gives the moral support to those young people who wish to resist the use of illegal narcotics. The Town Board acknowledges that Title 21 of the U.S. Code, Section 845A provides for increased penalties for those persons who manufacture, sell or distribute narcotics, controlled substances and marijuana within 1,000 feet of a public or private elementary school location or secondary school or public or private college, junior college or university or within 100 feet of a playground, public or private youth center, public swimming pool or video arcade facility, and that similar provisions exist within the New York State Penal Code. Therefore, the Town Board of the Town of Wappinger hereby expresses its support for the implementation of a "Drug Free" zone program by authorizing the construction and installation of appropriate signs around schools, playgrounds, public or private youth centers, public swimming pools, video arcade facilities that are located on or adjacent to public highways. SECTION 2. INSTALLATION OF SIGNS The Town Board hereby authorizes the erection of signs along Town highways, and any other public highway when so authorized by Dutchess County, the New York Department of Transportation or any other governmental body having jurisdiction over a public highway, signs containing the following words "Drug Free Zone" as follows: 1. within 1,000 feet of a private or public, elementary, vocational or secondary school or a public or private college, junior college or university; or 2. within 100 feet of a playground, public or private youth club, a public swimming pool, or video arcade facility. SECTION 3. AUTHORITY TO INSTALL SIGNS The Superintendent of Highways of the Town of Wappinger shall install and maintain said signs as required under the provisions of this Local Law. SECTION 4. POSTING REQUIREMENTS Any signs authorized by this Local Law to be installed shall be erected and maintained pursuant to the pertinent requirements of the Vehicle and Traffic Law of the State of New York, the Regulations of the State of New York prescribing conditions for the installation of signs along public highways. SECTION 5. SEVERABILITY In the event any portion of this Local Law is declared to be unforceable by a court of competent jurisdiction, all the remainder shall remain in full force and effect. 132 SECTION 6. EFFECTIVE DATE This Local Law shall take effect immediately upon adoption and filing as provided by Municipal Home Rule Law. Unfinished Business --- A request from the Town Clerk to increase the salary for the new Deputy from $12,000 to $12,500, was tabled at the last meeting for further discussion at a work shop scheduled for similar requests for other personnel. MR. FANUELE moved to increase the salary for the Town Clerk's new Deputy from $12,000 to $12,500. Seconded by Mrs. Visconti Motion Unanimously Carried The second item for establishing the salary of a Deputy Court Clerk had also been tabled for further discussion. MRS. VISCONTI moved to establish a salary for a Deputy Court Clerk at $19,000. Seconded by Mr. Fanuele Roll Call Vote: 3 Ayes Mr. Valdati --- Nay Mrs. Smith ---Nay Motion Carried Prior to the vote there was a lengthy discussion on the matter --- Mrs. Visconti voted for this salary based on the fact that they had previously discussed this at a work shop and agreed that the salary was in line for this person who was experienced for this position. Mr. Fanuele concurred with Mrs. Visconti's statements. When voting "Aye", Mr. Incoronato reviewed their actions --a work shop in March which was no secret and they discussed increasing the salary set in the 1991 budget at $15,900 to $19,000 and to offset this additional expense, the number of part time positions in the Court would be reduced. He further stated that the entire Town Board agreed to the salary of $19,000 ---Mrs. Smith said no she did not agree in March and she didn't agree now. He went on to say that they did this in an executive work shop, which is the proper procedure under the Sunshine Law, and repeated that all agreed. When Mrs. Smith voted "Nay" she stated that it was her belief that the Board had created a moral problem among the employees who are making less than this new person the Court was hiring. If they persisted in voting for this salary instead of the regular starting salary of $12,000 or $12,500, then the whole schedule of salaries should 133 be upgraded in all fairness to them, however the Town cannot afford figures like that. There are employees working 25 years and presently receiving $22,000 and now someone comes in off the street and starts at $19,000 ---that's a slap in the face to our dedicated employees. Mrs. Visconti rebutted that instructions were given to the Town Justices following work shops that this Board was in agreement to the $19,000 salary; this is an experienced position, she continued, and not an entry level salary; it is not a slap in the face to the employees because they are already in positions. She reiterated this one being discussed has an experienced level. Mrs. Smith again disagreed with the statements being made and noted that her position was expressed years ago that people from other areas should not be brought into this Town and paid more money than the ones who are already employed and are residents, however it's done and over with and she still felt that it was a slap in the face to the older employees. Mrs. Smith wanted the discussion closed, however, Mr. Valdati added his comment that it was a time when we should economize and not burden our residents; looking at the situation he pointed out we have a Deputy Town Clerk on a $12,500 salary level and we can train people to measure up to the position available --that's not at all impossible! Mrs. Visconti spoke again and asked why these comments were not brought up at the work shop and Mrs. Smith retorted that they were and closed the subject. There was a second part to this matter which the Board had to take action on relating to the non -residency of the person for the position of Deputy Town Clerk. MR. INCORONATO moved to authorize the Attorney to prepare a Local Law waiving the residency requirement for the position of Deputy Court Clerk in the Town of Wappinger. Seconded by Mr. Valdati Motion Unanimously Carried The Town received a Stipulation of Settlement for an Order pursuant to Article 78 of the Civil Practice Law and Rules, to review an assessment for special improvement district of the Wappinger Sewer Improvement Area #1 pursuant to Section 239 of the Town Law, the Real Property Tax Law and other statutes. The Attorney explained that the Town should have received a signed copy of this Stipulation 134 the Cranberry Development, however, the Board approved the settlement in substance several months ago so they can authorize the Supervisor to sign it when it is received if they prefer to take that action now. It was her decision to table this pending receipt of the final document in order for the Town Board to review it prior to her signing The Board had discussed payment of bills from Rudikoff Associates at a previous work shop and had requested an explanation of same. This was received by the Supervisor today and distributed to the Board and she required authorization to pay them. Mrs. Smith felt they might need time to review the explanation and tabled action until the next meeting. Mr. Incoronato asked about the status of the proposed compost site at the airport and the Attorney replied that it was in limbo. It would have to consult with Commissioner Whited about another site; he asked the Highway Superintendent if they could start composting at the Highway who responded that he could open an area for these materials on Saturdays from 9 A.M. to 12, the same as the Garbage Disposal Program. Mrs. Visconti asked the Highway Superintendent about painting the curbs at the Town Hall and he agreed to do this; the Supervisor had been informed by Commissioner Spratt that the curbs are on Town property and we do,tneed permission from the County to maintain them. A second item brought up by Mrs. Visconti was in regard to the radar gun. We are approaching summer, she pointed -:out, and she would like the Board to consider relieving the Vandalism Patrol from using the radar gun and concentrate on what they are supposed to be doing during this busy outdoor season--patroling parks and Town property where we do experience vandalism problems more extensively at this time of year. Mrs. Smith would like it removed for three months since she is doing Y? a study and she wanted to see the effeA this removal would have. now appears that we require a permit from the D.E.C. for composting and it is very probable that the site is in a flood plain; the Engineer has serious concerns about this activity in a flood plain. He also had reservations about the driveway to the area regarding site distance. As it is now there are too many problems and Mr. Incoronato felt they would have to consult with Commissioner Whited about another site; he asked the Highway Superintendent if they could start composting at the Highway who responded that he could open an area for these materials on Saturdays from 9 A.M. to 12, the same as the Garbage Disposal Program. Mrs. Visconti asked the Highway Superintendent about painting the curbs at the Town Hall and he agreed to do this; the Supervisor had been informed by Commissioner Spratt that the curbs are on Town property and we do,tneed permission from the County to maintain them. A second item brought up by Mrs. Visconti was in regard to the radar gun. We are approaching summer, she pointed -:out, and she would like the Board to consider relieving the Vandalism Patrol from using the radar gun and concentrate on what they are supposed to be doing during this busy outdoor season--patroling parks and Town property where we do experience vandalism problems more extensively at this time of year. Mrs. Smith would like it removed for three months since she is doing Y? a study and she wanted to see the effeA this removal would have. 135 MR. INCORONATO moved that the radar gun be removed from the Vandalism Patrol vehicles from now through September and future use of the gun at the discretion of the Town Board. Seconded by Mrs. Visconti Mrs. Visconti then referred to a subject brought up by the Engineer a few meetings ago regarding one of our residents rebuilding a dam on his property causing elevation of the Creek. They did not want. to accuse this person of doing anything illegal, however they did want to inform him, diplomatically, that he could not take such action without going through the proper procedures and protect the neighbors downstream. The Supervisor agreed to write the letter. The Supervisor brought up a bill owed to Hayward & Pakan, architects engaged for the building of the Town Hall over five years ago. The amount of the bill is $9,221.96 which we do not have. She met with our Attorney to discuss the finances available which is $5,868.11 and he recommended that the Supervisor offer this amount to Hayward & Pakan and settle the account. They have accepted the amount as payment in full and she now required authorization from the Board to pay it. MRS. VISCONTI moved to authorize the Supervisor to pay Hayward & Pakan $5,868.11 in full payment of their bill presented. Seconded by Mr. Fanuele Motion Unanimously Carried New Business --- Commissioner of Elections, William Egan, was present to talk to the Board about new Election Districts in the Town which the Board had to decide on at this meeting. The Town had jurisdiction to decide on two new Districts, but the County already formed District 8 in Ward 3 in their redistricting process. The Commissioner explained the options the Board had and pointed them out on the Map so they could review and choose. MRS. VISCONTI moved to create two new Election Districts in the Town of Wappiriger, namely Ward 1, District 6 and Ward 2, District 6. Seconded by Mr.Incoronato Motion Unanimously Carried The County established a new District, Ward 3, District 8, due to the change in Legislative Districts. 136 The Town Clerk informed the Board that the Map, Plan and Report on Central Wappinger Water Improvement ARea #2 was filed with her by the Engineer to the Town. Mr. Fanuele noted that the brick wall on New Hackensack Road and Wildwood Drive had been hit by a car and nearly totally demolished. He questioned who owned it and if it was Town owned, they should report it to their insurance carrier; he also recommended that instead of replacing the wall which is another maintenance problem they put trees or bushes as a buffer. It could also be a County Right -Of -Way. It will be investigated to find out who is on record as owning this parcel. Mr. Fanuele had heard from several senior citizens regarding the fact that the Town Meetings were held at night and although they would like to attend, they do not drive at night. He discussed this with the Supervisor and she suggested that they hold one on a Saturday morning when the seniors can attend and observe Town Government and also talk to the Board on any matters or ask questions on what was happening in the Town. The Supervisor set an informal meeting especially for the Seniors on Saturday, June 29, 1991 from 10 A.M. to 11:30 A.M. The Recreation Commission forwarded a Memo to the Board requesting permission to place signs at various locations at Martz Field to limit the use of the facilities. MR. INCORONATO moved to authorize the Recreation Commission to place whatever signs they deem necessary at the Town Parks. 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 adjourned at 10:10 P.M. Reg. Mtg. 5/29/91 M, ill 6' 1 Blaine H. Snowden town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on May 29, 1991, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law to Amend Section 428 of the Zoning Law of the Town. Supervisor Smith opened the Hearing at 7:25 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 The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (The Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mrs. Smith explained that the proposed Law would remove the Architectural Review Board from Section 428 of the Zoning Law and it would now be the responsibility of the Planning Board. The Dutchess County Planning Board responded favorably to this intent. The Supervisor asked for comments from the public either for or against the proposed Local Law. No one spoke either way on the Law. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Hearing closed at 7:27 P.M. E aine H. Snowden Town Clerk +� M