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1990-05-29 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 29, 1990 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes Reg. 4/23/90 Special 5/14/90 4. REPORTS OF OFFICERS: Proclamation By Supervisor Smith for "SAFE BC WEEK" Town Justices Sup/Compt.-Rec—o€--Takes Zng Adm. Bldg. Insp. Dog Control Officer Supt. of Highways 5. PETITIONS & COMMUNICATIONS a. Thos. D'Albro requests "No Parking" along Widmer Rd. in area of Villa Borghese b. Thos. Logan, Assessor, requests permission to attend Assessors Assoc. conference in Monticello 6/3 thru 6/7 C. Clifford Martin requests Town to paint water tank in Fleetwood, and plant scrubs and add filler strip to fence to alleviate eye sore d. Mannie Lloyd, Treas, Ketcham Hockey Team request contribution toward Team re. Notification of intent to renew liqour licenses from Lawrence Farms, and Steak Barn f. Requests from Joseph Giannatasio and Rino Longhitano for return of Escrow, and, Sze Tom requests return of Driveway Bond g. Notice from T/Plug. Bd. re: Positive Declaration for Smithtown Plaza h. Notices of Public Hearings from adjoining Municipalies (T/Pk-T/LaG) and Notice to involved & interested Agencies -Village of Wapp. Falls i. J. Paggi, Eng. to Twn, reports: (1)Tor Rd. drainage (2)Carlquist drainage (3) Wayne Hol]�or4},, Drainage (4)Revised Benefit Units - proposed No. Wappinger 4-4&hist. (5)Virtue drainage (6) Wappinger Park Water (7) Wapp. Jr. High, current Construction (8) Sewer Improvement Environmental Review J. Justine Winters,Myerscorners School Principal, requests permission to use Town roads for "Myers Run Against Drugs" June 2 k. Geo. Lopuch, Adv. Eng. IBM, re: Cooling tower treatment at IBM, Myers Corners Facilities 1. Ralph Holt re: request for Vorndran hookups m. M. Rudikoff Assoc., Inc. re: Formation of Sewer Improvement Environ- mental review n. Permission requested by Ann Buckley & C. Smith to attend meeting of GFOA on "Common Audit Findings 6/15����'`�'�+'� Gt'C►�at,a��,� a� �m..� o. Designate Financial Planner for Town Bonding p. Designate an Insurance Agent to provide Life Insurance Policies q. Authorize Attorney to Town to prepare proposed agreement with the Town of Fishkill, Village of Fishkill and Town of Wappinger for Soccer Fields 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Tax Certiorari settlement for Gupta vs Town of Wappinger b. Tax Certiorari settlement for White Gate Condo Assoc. vs T/Wapp. c. Atlas Water purchase (No. Wappinger Water:Wappinger-Cranberry Water Imp.: Myers Corners II Water) d. Introduce Zoning Ordiance.Amendment on "Emergency Vehicle Access" e. Introduce Zoning Ordinance Amendment on Swimming Pool Fencing f. Resolution for Maintenance of Sidewalks on Rte 9 g. Authorize Contract for Little League h. Authorize Contract for Soccer League,, i. Antenucci Peddlers License application j. Authorize Supervisor to apply for Environmental Quality Bond Act for Recycling k. Consider permanent appointment for Joyce Benedetto as Bookkeeper '1. Consider Jas. Klein for Tenant to District ON Co MCA[ ller 1-a14kvl s -t-CwrSNV_v ok_�v4s 8. UNFINISHED BUSINES a. J. Paggi corr. re: Propane Gas Bid b. Consider renewal of Cablevision Franchise 9. NEW BUSINESS 10. ADJOURNMENT _nc . The Regular Meeting of the Town Board of the Town of Wappinger was held on May 29, 1990, 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 The Supervisor asked all to join in the Pledge of Allegiance to the Flag. The Minutes of the Regular Meeting of April 23, and Special Meeting of May 14, 1990, having previously been forwarded to all Board Members, were placed before the Board for their consideration. MRS. VISCONTI moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Under Reports, the following Proclamation was sponsored by Supervisor Smith: WHEREAS, many of the Town of Wappinger residents will choose recreational boating as a way to relax with family and friends, and WHEREAS, to prevent the unfortunate accidents and tragedies that do occur on the water, responsible boat operators should learn about boating safety, safety equipment, the environment in which they operate their boat, and their own abilities and limitations, and WHEREAS, in recognizing that hundreds of lives could be saved each year by spreading safe boating information to the public, the Congress of the United States by joint resolution requested the President to proclaim annually one week as NATIONAL SAFE BOATING WEEK, NOW THEREFORE, I, CONSTANCE 0. SMITH, Supervisor of the Town of Wappinger, do hereby proclaim June 3-9, 1990 as SAFE BOATING WEEK in the Town of Wappinger, and do urge all residents of our Town who use our waterways to acquire skills and knowledge to maintain their own safety and the safety of others around them. s/ Constance 0. Smith Supervisor, Town of Wappinger 109 Others Reports included the Annual Recreation Commission Report, Highway Department up to May 15, 1990, Town Justices, Building Inspector, Supervisor/Comptroller for April, Zoning Administrator, March and April, Dog Control Officer, April. At the request of the Supervisor, the Highway Superintendent updated Item #15 on his May report which referred to eight kittens born in the Highway Garage. Mr. Foster spoke of their new additions and offered them to the public to make homes for them. MR. VALDATI moved to accept the above stated reports and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried Petitions & Communications --- A request was received from Thomas D'Albro for a "No Parking Sign" along Widmer Road in the vicinity of the Villa Borghese. The Engineer reported that a problem occurred on two occasions when they had overflow parking on the road caused by unexpected parties at the time of the Holiday Inn fire. The owner, Gino Porco, has assured the Planning Board at a recent meeting that this situation will not happen again. The Highway Superintendent recommended that the Board insist that 161 parking spaces be provided as per the plot plan and the Engineer informed the Supervisor that the Planning Board had also made a point of insisting on the specific amount required on the current site plan. MR. FANUELE moved to authorize the Supervisor to write to the owners asking for their cooperation in this matter and assure the Town Officials that they will alleviate the hazardous conditions that have existed on Widmer Road due to their overflow parking. Seconded by Mr. Incoronato Motion Unanimously Carried A request was received from Assessor Thomas Logan to attend the Assessor's Association Conference in Monticello,New York from June 3 thru the 7th, 1990. MRS. VISCONTI moved to grant permission to Mr. Logan to attend the Assessor's Conference, as requested, and all legitimate expenses will be a Town charge. Seconded by Mr. Fanuele Motion Unanimously Carried 110 In the discussion that followed, Mr. Incoronato referred to a previous Town Policy which provided for individuals to attend one major convention a year, and all mandated ones; it was his understanding that this was still in effect and he felt it was a good policy to apply to the requests submitted to attend various conferences. Although he would vote to grant Mr. Logan permission to attend this conference even though he had attended one conference, he recommended that future requests be considered in compliance with this policy. Mrs. Smith scheduled this matter for discussion at their June 11th work shop. Correspondence was received from Clifford Martin, a Fleetwood resident, asking the Board for their consideration on repair and painting the old water tank at the plant, also planting of shrubs or addition of filler strips to the chain link fence. This has been referred to Councilman Incoronato to review and recommend and it was his under- standing that our operators, Camo Pollution Control, usually did the painting of the tanks and perhaps the residents could plant some inexpensive shrubs to eliminate the eye sore Mr. Martin complained of. The Supervisor noted that the painting depended on the cost involved and she would check this out and report to the Board. Mrs. Mannie Lloyd, Treasurer of the Ketcham Hockey Team wrote to the Supervisor asking for a contribution to the Team for safety equipment. The following opinion letter was received from the Attorney to the Town: May 25, 1990 Town Board of Town of Wappinger Re: Donation to Ketcham Hockey Team Dear Connie: Reference is made to the request of the Ketcham hockey team for a grant of $1,200.00 for safety equipment for the team. It appears that the hockey team is sponsored by the school district. Article 8, section 1 of the New York State Constitution prohibits any gifts or donations by any municipality. While a town has the authority to operate a town -sponsored recreational program (Town Law Section 64, Op.State Compt. 82-225.), any payment for recreational activities must be made in furtherance of a municipal recreational program and a legitimate town program instituted for the benefit of town residents (Op.State Compt. 81-211). In view of the foregoing, it is my opinion that the Town is without authority to make any payments to the Ketcham hockey team; such payments would in fact be in violation of the New York State Constitution. s/ Albert P. Roberts 111 The Town Board concurred that the Town could not honor the request for a contribution to the Ketcham Hockey Team and had to be denied. Notification of intent to renew Liquor Licenses was received from Lawrence Farms, Inc. and the Steak Barn. MR. VALDATI moved to receive the Notifications and place them on file with no comment. Seconded by Mrs. Visconti Motion Unanimously Carried Requests were received from Joseph Giannatasio, $3,000 escrow for installation of blacktop skirt and lawn seeding, Rino Longhitano, $2,420 escrow, withdrew subdivision application and Sze Tom, $250 driveway bond. Recommendations were received from the respective department heads, and all required documents submitted for the return of the escrows. MRS. VISCONTI moved to return the escrow deposits to the three applicants, at the recommendation of the department heads. Seconded by Mr. Fanuele Motion Unanimously Carried Notice of Positive Declaration was received from the Planning Board regarding Smithtown Plaza. MR. VALDATI moved to accept the notice and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried Notices of Public Hearings were received from the Town of Poughkeepsie and LaGrange, also notice to involved and interested agencies from the Village of Wappingers Falls. MR. FANUELE moved to accept the notices and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried Several reports were received from the Engineer to the Town. The first, drainage concern on Tor Road, reviewed by him and the Highway Superintendent and determined it can be done by this department, August time frame when the land is dry; 2. Carlquist drainage, DeGarmo Hill Road, responsibility of Town to stop road run off, will install system of curbing and catch basins on the west side of road and pipe it back to stream; 3. Wayne Holloran Drainage, 22 Pippin Lane, ditch in rear 112 of property collects water run off from Kent Road caused by Klein subdivision; this has been corrected and Mr. Holloran wants to fill in ditch. Mr. Paggi advised him this could be done but it will be at his expense since it is not a Town easement; recommended that it be done with crushed stone to create a blind ditch for any subsurface waters. 4. Revised Benefit Units, proposed North Wappinger Water District, result of a reassessment figure obtained from Building Department, will be discussed later in Wappinger-Cranberry Water Improvement proposal; 5. Virtue drainage, Robert Lane, drainage ditch in rear of properties, backs up in this area and into the basements of the homes, requires dual pipes of larger capacity than existing ones in order to take the flow away from the properties; the cost was included in the master list of drainage projects compiled in April of 1990. This project will require easements which will add to the estimated cost; 6. Wappinger Park Water District, mandated by State and County Health Department that Watershed Rules and Regulations be implemented. Requested a work shop discussion with the Board on details and work involved; 7. Wappinger Junior High current construction and problems it has caused; school remiss in procedures involved in project and attempted correction measures discussed at subsequent meetings have not been followed. He suggested further meetings with school officials and Town officials, however, Mr. Incoronato interjected his recommendation that a letter be sent to the Governor explaining the situation and the hazards involved with the repeated non-compliance with environmental procedures. In order to help remedy these conditions, Mr. Incoronato proposed, on behalf of the Town Board, that legislation be enacted to transfer all structure and roadway improvements presently under the authority of the school district into the jurisdiction of local building department officials. MR. INCORONATO moved to forward the communication drafted by him to the Governor and other pertinent Officials and Agencies, on behalf of the Town Board of the Town of Wappinger. Seconded by Mrs. Smith Motion Unanimously Carried Discussion ensued on the matter and the problems being caused by this project which involved both Town and Village residents and property and at its conclusion, the Supervisor stated that, as recommended by the Engineer previously, she would set up a meeting with our Officials, Village Officials and representatives of the School District to discuss 113 the ramifications of the project and possible solutions to alleviate them. The 8th and last report from the Engineer referenced the Sewer Improvement Environmental Review; the Supervisor scheduled a work shop for June 11th, for this discussion. Justine Winters, Principal of Myers Corners School wrote to the Board for permission to use Town roads for their Project Team activity on June 2, 1990, "Myers Run Against Drugs", for student, staff, parents and any other interested members of the community. MR. INCORONATO moved to grant permission to Mrs. Winters for the use of Town roads for their run on June 2, 1990, subject to receipt of insurance coverage and notification by her to law enforcement and emergency agencies. Seconded by Mrs. Visconti Motion Unanimously Carried A letter was received from George Lopuch, Advisory Engineer, I.B.M. notifying the Town of a change of cooling tower treatment chemicals used at the IBM Myers Corners Road facilities. The Engineer checked the information provided and determined that the chemicals used were within the parameters set forth within the Local Law of the Town, MR. INCORONATO moved to receive the communication and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Holt, Chairman of the Recreation Commission, requested consideration by the Board for John Vorndran, their Maintenance Supervisor to have his mobile home hooked up the Town owned barn at Montfort Road across from the Martz Field recreation site. This request had been discussed at an earlier work shop and Mr. Incoronato spoke of the advantages of Mr. Vorndran staying at the area which he felt sure, would curtail vandalism attempts at the playground. It would be an inexpensive investment for the return it would pay in the long run. MRS. VISCONTI moved that Mr. Vorndran, Maintenance Supervisor of the Recreation Commission, be given permission to hook his mobile home up to the Town owned barn at Montfort Road, for water & electric utilities. Seconded by Mr. Valdati Motion Unanimously Carried � 11 I 114 Matthew Rudikoff wrote to the Town Board re the Formation of Sewer Improvement Environmental Review in conjunction with Tri -Municipal Sewer Commission Plant Expension Environmental Review. Mrs. Smith had previously scheduled this for a work shop on June 11th, 1990. Requests were received from Supervisor Smith and Comptroller Buckley to attend a meeting of GFOA on Common Audit Findings on June 15th. Prior to consideration of these requests, Mrs. Smith announced that she set up a special work shop on June 4th with the Board and the Comptroller to discuss the discrepancies they were finding when the audit is being prepared. MRS. VISCONTI Moved to grant permission to Supervisor Smith and Comptroller Buckley to attend the meeting on June 15th and all legitimate expenses incurred by them will be a Town charge., Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Levenson requested permission to attend a required training program at the Ramada Inn in Poughkeepsie on June 8, 1990 on Residential Sprinkler Installations. Mrs. Smith had learned that this was not a mandated course and also was informed that it was booked, so no further registrations were being taken. MR. FANUELE moved to deny Mr. Levenson's request to attend the training program at the Ramada Inn in Poughkeepsie on June 8th, 1990. Seconded by Mrs. Smith Motion Unanimously Carried The designation of a Financial Planner for Town Bonding was the next item on the Agenda for the Board's consideration. Mrs. Smith explained that this was required for the State Revolving Funds, also attendance at a meeting in June with this designated person or representative from a designated firm. MR. VALDATI moved to appoint Public Finance Associates as the Town Financial Planner at a refundable fee of $6,000 if their services are not used. Seconded by Mrs. Visconti Motion Unanimously Carried 115 Two insurance companies have sent proposals to provide Life Insurance Policies for Town employees ---Marshall & Sterling and Hill Agency. They appear identical, however, Hill Agency did not include the 75 year old employee and that would change the cost. They also rounded out the age rather than taking each individual age as Marshall & Sterling did. MR. FANUELE moved to appoint Marshall & Sterling, Inc. Insurance as Insurance Agents for Life Insurance Policies for Town employees. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Visconti, as Chairman of the Recreation Committee of the Town Board has been pursuing a proposal for three communities, Town and Village of Fishkill and our Town, to coordinate their efforts and facilities for a soccer program. The Soccer Board has designated two individuals to look at the Sara Taylor Park which could be available for this purpose and determine number of fields. The intent was to implement this program in September, however, this will not happen as it is still in the talking stage, so if it comes to fruition, perhaps next Spring will be a more realistic target date. At this time, Mrs. Visconti was looking for authorization from the Board to look into the proposal. Discussion followed and the Supervisor made the point that everyone should pay their fair share, ours being the $3,000 contribution we presently make to the Wappinger Team, it was not her intention to up this amount next year if it got off the ground and additional expenditures were made. It appears that it will be a stop gap for the programs while the Town of Wappinger is planning for future fields to accommodate our soccer program, and as the Town and Village of Fishkill program expands, they will, no doubt need the facilities for their own. As it stands now, Mrs. Smith asked the Attorney to look into the legalities of the proposal and the extent of the involvement by this Town, i.e., responsibility, financial consideration now and projected, etc. It is, she felt, too premature to draw up an agreement, but the Attorney can report his findings and recommendation following discussion with the Attorneys to both municipalities. 116 Mr. Incoronato had another communication he wished to discuss from Pagones, Cross, Van Tuyl & Rizzo, requesting copies of any minutes of our Town Board regarding a proposed service road on Route 9, north of Smithtown Road, also copies of any plans, studies or SEQR analysis of such service road. Under the Freedom of Information Law, we are obliged to provide this information, however Mr. Incoronato did not feel we should do their research for them.and hoped we did not comply with this request. This was addressed to Mrs. Snowden, Town Clerk, who responded that her office had forwarded a letter stating that the subject has not been put in front of the Town Board and we therefore have no knowledge of what may have previously been discussed with the Planning Board. Committee Reports --- Mr. Fanuele, Computer, two graduates from Marist College have completed their study of the Town Justice Department and have submitted a report to them, which he felt was very thorough and done well; he distributed copies to the Board. Recycling info ---every time we recycle paper, it saves 9.9 cubic feet of landfill space, 17 trees, 7,000 gallons water and 41 kw hours electricity. Mr. Valdati, Health & Safety ---Creek Road appears to be in a dangerous state of disrepair, pot holes, guard rails in bad condition. He requested that Dutches.s County<Publ.ic.Work.s.be informed of this so they can correct the situation for the.safety of our motorists. Mrs. Smith noted that Commissioner Spratt was here last week with a representative from the State regarding a traffic problem at Randolph School and they will be doing a study in the near future to determine if a traffic light is needed; a school bus accident prompted this action. Had she been aware of the Creek Road problem, she would have brought it to his attention. Another item she discussed with him was the promised traffic light at New Hackensack Road and Jackson Road; she has been constantly calling about the time frame for its installation and has now been told it is on.the priority list and should be done "soon". It's also anybody's guess what "soon" means to the Commissioner, said the Supervisor. 117 Mr. Incoronato referred to debris from the Town pick-up on the West Side of Route 9, which now should be disposed of by the residents who put it there. Evidently they were not following the instructions of the Highway Department for this disposal. There are tires, etc. on Osborne Hill Road and Fleetwood Drive, still with the rims on, which was also a no -no when it came to the Town Highway picking it up. He asked that the Zoning Administrator check on this and issue citations. Mrs. Visconti, Dial -A -Ride, will be celebrating their 50th Anniversary on September 13, 1990, with Fun in the Park and they have invited the Town Board, rain date, September 14, 1990 and at that time they will unveil some new vehicles. Resolutions --- A Tax Certiorari settlement for Navin Gupta was forwarded to the Town Board by William Crane of Crane, Wolfson, Roberts & Greller for the Board's consideration; also for White Gate Condo Assoc. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: RESOLVED, the tax certiorari proceeding brought by Navin Gupta is settled pursuant to the terms and conditions set forth in the proposed Consent Judgment, a copy of which is annexed hereto and made a part hereof and attorneys Crane, Wolfson, Roberts and Greller are directed to execute their consent to the judgment in the place set forth for their signature. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: RESOLVED, the tax certiorari proceeding brought by White Gate Associates is settled pursuant to the terms and conditions set forth in the proposed Consent Judgment, a copy of which is annexed hereto and made a part hereof and attorneys Crane, Wolfson, Roberts and Greller are directed to execute their consent to the judgment in the place set forth for their signature. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted 118 In the matter of the Atlas Water Company purchase which will, when finalized be known as the North Wappinger Water District, the following Resolutions are required procedures, correcting previous actions, by the State Department of Audit and Control for establishing the district and obtaining the necessary bonding. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: RESOLUTION ADOPTING NEGATIVE DETERMINATION OF SIGNIFICANCE FOR PROPOSED WAPPINGER-CRANBERRY WATER IMPROVEMENT AREA WHEREAS, the Town Board has determined it is in the best interests to purchase the Atlas Water Company, a privately owned water company located within the jurisdictional limits of the Town of Wappinger, at a maximum estimated cost of $525,000.00; and WHEREAS, it is intended that the cost of the purchase price of Atlas Water Company shall be allocated amongst other water districts and/or improvement areas presently located within the Town of Wappinger; and WHEREAS, a portion of cost of the purchase of Atlas Water Company shall be paid by the proposed Wappinger-Cranberry Improvement Area, a water improvement area to be formed which shall consist of the areas that are currently within the Cranberry Hill Water Improvement Area in the Central Wappinger Water Improvement Area; and WHEREAS, the amount allocable to the proposed Wappinger- Cranberry Improvement Area for the purchase of Atlas Water Company is the sum of $467,093.13; and WHEREAS, the Town Board has received a map, plan and report prepared by Paggi and Martin, Engineers to the Town, entitled "Engineer's Report Proposed Wappinger-Cranberry Water Improvement Area, Town of Wappinger, Dutchess County, New York", and WHEREAS, the Town Board has determined it to be in the best interests of the Town to proceed with the formation of the proposed Wappinger-Cranberry Water Improvement Area in accordance with law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines it is in the best interests of the Town of Wappinger to undertake the formation of the Wappinger-Cranberry Water Improvement Area as set forth in a map, plan and report prepared by Paggi and Martin, Engineers to the Town of Wappinger, entitled "Engineer's Report Proposed Wappinger-Cranberry Water Improvement Area, Town of Wappinger, Dutchess County, New York", dated May 14, 1990, a copy of which is affixed to this Resolution, as Exhibit A. 2. The Town Board hereby determines that the proposed action is an unlisted 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 as Exhibit B. 119 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. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted In the Matter of a Proposed Water Improvement in the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12-C of Town Law, to be Known as Wappinger-Cranberry Water Improvement Area. The following Resolution was offered by COUNCILMAN INCORONATO who moved its adoption: WHEREAS, a map, report and plan have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the acquisition of certain water source supply components to serve a benefitted area in said Town to be known as Wappinger-Cranberry Water Improvement Area whose boundaries shall consist of the areas currently within the Cranberry Hill Water Improvement Area and the Central Wappinger Water Improvement Area, as more fully shown upon a map on file in the office of the Town Clerk, which map is available for inspection by any person or persons interested in same during regular office hours at said office; and WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and WHEREAS, the capital improvements proposed to be acquired in connection with the establishment of the Wappinger-Cranberry Water Improvement Area of the Town of Wappinger are water source supply components comprised of four potable water valves of the gravel pack type, pumps, tank house, pump house, hydropneumatic tank, electric controls, pressure gauges and controls generator, land, and the existing 12 -inch asbestos cement water main, to be purchased from the present owner, Atlas Water Company at a maximum estimated cost of $525,000 of which $467,093.13 is allocable to the Wappinger-Cranberry Water Improvement Area for its undivided interest in such components and the remaining cost is to be allocated to the North Wappinger Water District and the Myers Corners II Water District, or any successor or successors thereto; and WHEREAS, said allocable cost shall be authorized to be financed by the issuance by the Town of Wappinger of its serial bonds with a maximum maturity not in excess of the period prescribed by the Local Finance Law; and 120 WHEREAS, said allocable cost is not greater than one-tenth of one per centum of the full valuation of taxable real property in the area of the Town of Wappinger outside of any villages; and WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Wappinger- Cranberry Water Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefitted by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and WHEREAS, the aforesaid improvements have been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, It is now desired to call a public hearing for the purpose of considering said plan, report and map and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law, NOW, THEREFORE BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 25th day of June, 1990, at 7:00 o'clock P.M., Prevailing Time, to consider the aforesaid plan, report and map and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in The Southern Dutchess News, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted RESOLUTION ADOPTING A NEGATIVE DETERMINATION OF SIGNIFICANCE FOR PROPOSED INCREASE AND IMPROVEMENT OF MYERS CORNERS II WATER DISTRICT The following Resolution was offered byCOUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town Board has determined it is in the best interests to purchase the Atlas Water Company, a privately owned water company located within the jurisdictional limits of the Town of Wappinger, at a maximum estimated cost of $525,000, and 121 WHEREAS, it is intended that the cost of the purchase price of Atlas Water Company shall be allocated amongst other water districts and/or improvement areas presently located within the Town of Wappinger; and WHEREAS, a portion of the cost of the purchase of Atlas Water Company is intended to be paid by the Myers Corners II Water District; and WHEREAS, the amount allocable to the Myers Corners II Water District for the purchase of the Atlas Water Company is the sum of $8,349.26; and WHEREAS, the Town Board has received an Engineer's Report prepared by Paggi and Martin, Engineers to the Town entitled "Increase and Improvement of Facilities - Myers Corners II Water District, and WHEREAS, the Town Board has determined it to be in the best interests of the Myers Corners II Water District to proceed with the increase and improvement of the facilities of the Myers Corners Water District as set forth in the Engineer's Report prepared by Paggi and Martin, in accordance with Section 202.B of the Town Law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines it is in the best interests of the Myers Corners II Water District to increase and improve the facilities of the Myers Corners II Water District as set forth in the Engineer's Report prepared by Paggi and Martin, Engineers to the Town of Wappinger, entitled "Increase & Improvement of Facilities - Myers Corners II Water District, dated May 21, 1990, a copy of which Report is affixed to this Resolution, as Exhibit A. 2. The Town Board hereby determines that the proposed action is an unlisted 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 as Exhibit B. 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. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted In the Matter of The Increase and Improvement of Facilities of Myers Corners II Water District in the Town of Wappinger, Dutchess County, New York The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and 122 report and estimate of cost relating to the increase and improvement of Myers Corners II Water District within said Town, consisting of water source supply components comprised of four potable water valves of the gravel pack type, pumps, tank house, pump house, hydropneumatic tank, electric controls, pressure gauges and controls generator, land and the existing 12 -inch asbestos cement water main, to be purchased from the present owner, Atlas Water Company at a maximum estimated cost of $525,000 of which $8,349.46 is allocable to the Myers Corners II Water District for its undivided interest in such components and the remaining cost is to be allocated to the Wappinger-Cranberry Water Improvement Area and the North Wappinger Water District, or any successor or successors thereto and the method of financing said Myers Corners II Water District's share of the cost of the purchase of said water source supply components from the Atlas Water Company is by the issuance of obligations of the Town of Wappinger; and WHEREAS, the aforesaid improvements have been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of Myers Corners II Water District in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 25th day of June, 1990, at 7:15 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Myers Corners II Water District within the Town of Wappinger, Dutchess County, New York in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the Southern Dutchess News, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the following form: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, will meet at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 25th day of June, 1990 at 7:15 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report including an estimate of cost in relation to the proposed increase and improvement of the facilities of Myers Corners II Water District within the Town of Wappinger, Dutchess County, New York, consisting of water source supply components comprised of four potable water valves of the gravel pack type, pumps, tank house, pump house, hydropneumatic tank, electric controls, pressure gauges and controls generator, land and the 123 existing 12 -inch asbestos cement water main, to be purchased from the present owner, Atlas Water Company at a maximum estimated cost of $525,000 of which $8,349.46 is allocable to the Myers Corners II Water District for its undivided interest in such components and the remaining cost is to be allocated to the Wappinger-Cranberry Water Improvement Area and the North Wappinger Water District, or any successor successors thereto. The proposed method of financing said Myers Corners II Water District's share of the cost of the purchase of said water source supply components from the Atlas Water Company is by the issuance of obligations of the Town of Wappinger. The project has been determined to be an Unlisted Action for the purposes of the State Environmental Quality Review Act which, as proposed, the Town Board has determined will not result in any significant environmental effects. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Section 4. This Order shall take effect immediately. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays The Order was thereupon declared duly adopted. The following Ordinance was introduced by COUNCILMAN VALDATI: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger as follows: The provisions of the Zoning Ordinance and Zoning Map of the Town of Wappinger, duly adopted on the 10th day of March, 1980, and as amended from time to time is further amended as follows: Section 1: Section 477.5 is further amended as follows: 477.5 Emergency Vehicle Access Driveways and access roads shall be so designated as to provide Fire Department apparatus access to within a distance of 150 feet or less of the structure it may be called upon to protect and they shall meet the following requirements: Section 2: This Ordinance shall take effect immediately upon posting and publication as prescribed by Town Law. COUNCILMAN VALDATI moved to set a Public Hearing on this Amendment to the Zoning Ordinance on June 25th, 1990, at 6:45 P.M. at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, to hear all interested persons. Seconded by Councilwoman Visconti Motion Unanimously Carried The following Ordinance was introduced by COUNCILWOMAN VISCONTI: An amendment to the Zoning Ordinance of the Town of Wappinger for the purpose of amending Section 413.5 entitled "SWIMMING POOLS". BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, as follows: 1. The Zoning Ordinance of the Town of Wappinger, duly adopted 124 on March 10, 1980 and as amended from time to time is further amended as follows: SECTION 413.5 SWIMMING POOLS A swimming pool, including accessory equipment, shall be considered a structure and shall be set back from lot lines at least the minimum distance required for an accessory building in that district. 413.51 A swimming pool, including accessary equipment, must be completely surrounded by a fence or wall enclosure. Such fence or wall enclosure shall be at least 4 feet in height, have a maximum clearance to adjoining grade of 2 inches and openings, if provided, shall prohibit the passage of a 2 inch diameter sphere. Such enclosure shall resist a horizontal force of 50 pounds per foot applied at a height of 4 feet. Structural bracing shall be within the enclosure. Gates or doors shall be self-closing and self -latching with the latch handle at least 40 inches above grade or located within the enclosure. Above ground pools with at least 46 inches between pool decking or pool top and adjoining grade, are exempt from this requirement provided that access is restricted. A pool less than 24 inches deep is exempt from this requirement. A wall or fence or other enclosure wholly enclosing a dwelling house shall constitute compliance with this requirement. 413.52 All electrical facilities for filters, lights or other electrical outlets shall meet the requirements of the National Electrical Code pertaining to Swimming Pools. 2. This Ordinance shall take effect immediately upon posting and publication, as prescribed by Town Law. COUNCILWOMAN VISCONTI moved to set a Public Hearing on this Amendment to the Zoning Ordinance on June 25th, 1990, at 6:50 P.M., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, to hear all interested persons. Seconded by Councilman Valdati Motion Unanimously Carried RESOLUTION FOR MAINTENANCE OF SIDEWALKS The following Resolution was offered by COUNCILMAN INCORONATO who moved its adoption: WHEREAS, the New York State Department of Transportation proposes the reconstruction of Route 9, between Myers Corners Road and Cottam hill Road, S.H. 5154, S.H. 5549, and S.H. 5050 partly in the Town of Wappinger, Dutchess County, and WHEREAS, the State will include as part of the reconstruction of the above mentioned project the construction of sidewalks between Brookside Apartments to Mesier Avenue on the west side of Route 9, pursuant to Section 46 of the Highway Law, in the Town of Wappinger, as shown on the contract plans relating to the project, and WHEREAS, sidewalks will be on the west side of Route 9, NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger approves the construction of such sidewalks, the above mentioned work performed on the project and shown on the contract plans 125 relating to the project and that the Town of Wappinger will maintain or cause to be maintained the sidewalks as above stated as shown on the contract plans, including the control of snow and ice, and BE IT FURTHER RESOLVED, that the Clerk of the Board is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted The Contract with the Little League Association was revised at the recommendation of our Attorney, and the required roster, as requested by the Town Board, has been received. The Attorney found the Contract to be in proper form and content and recommended approval by the Board. MRS. VISCONTI moved to approve the Contract between the Town of Wappinger and the Little League Contract, in the amount of $0,000 and authorized the Supervisor to sign said Contract. ,,econded by Mr. Fanuele Motion Unanimously Carried The Soccer. Contract was received and approved by the Attorney as to form and content, also the required roster was received by the Town Board. MR. VALDATI moved to approve the contract between the Town..of Wappinger and the Wappinger United Soccer Club, in the amount of $3,000 and authorize the Supervisor to sign said Contract. Seconded by Mr. Incoronato Motion Unanimously Carried At the last meeting an application for a Peddler License from Anna Marie Antenucci was tabled pending a report from the Zoning Adminis- trator on a possible violation regarding a lunch business in the home. He has since determined this was not the case and reported these findings to the Board. MR. INCORONATO moved to approve a Peddler's License for Anna Marie Antenucci for the vending of food. Seconded by Mrs. Visconti Motion Unanimously Carried 126 The Supervisor has been informed that monies have been included in the proposed 1990 Environmental Quality Bond Act for recycling and now requires authorization to apply for these monies. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLUTION OF TOWN OF WAPPINGER AUTHORIZING FILING OF APPLICATION FOR A STATE GRANT-IN-AID FOR SOLID WASTE MANAGEMENT PROJECT AND SIGNING STATE CONTRACT, (TITLE 5, CHAPTER 659, LAWS OF 1972) WHEREAS, (Chapter 659, Laws of 1972) provides financial aid for the construction of municipal solid waste management projects, and WHEREAS, the Town of Wappinger, hereinafter called the MUNICIPALITY, has made application for STATE -IN -AID, and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, hereinafter referred to as the STATE, for such STATE AID be executed on behalf of the Town of Wappinger, NOW, THEREFORE, BE IT RESOLVED by the Town of Wappinger Town Board, the governing body of said MUNICIPALITY, as follows: 1. That Constance 0. Smith, Supervisor, be hereby authorized to sign, on behalf of the MUNICIPALITY and make application for a STATE GRANT -IN -AID AND PROVIDE THE STATE such information, data and documents pertaining to the application for a grant as may be required, and otherwise act as the authorized representative of the MUNICIPALITY in connection with said application, and to sign the resulting contract if said application is approved by the State; 2. That the MUNICIPALITY agrees that if a Federal grant or grants and STATE assistance for the Solid Waste Management project are made pursuant to Laws of 1972, or any Federal Law or program, the Town of Wappinger will pay the remaining costs of the approved project: 3. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached joint resolution relative to a joint solid waste recovery and management project. 4. That four (4) Certified Copies of this Resolution be prepared and sent to the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ALBANY, NEW YORK 12205, together with a complete application. 5. That this Resolution shall take effect immediately. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted Correspondence was received from Dutchess County Personnel relative to Civil Service Law which requires that the Town Bookkeeper, Joyce Benedetto, be either appointed perman from the eligible list for this position or appoint another individual from this list and dispense with Mrs. Benedetto's services to the Town. Although this position was one appointed by the Supervisor for many years, it appears that the County has now chosen to include this position on 127 the Civil Service List and remove this appointment from the purview of the Supervisor. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, JOYCE BENEDETTO, of 22 High Street, Wappingers Falls, New York, has been employed in the Supervisor's Office as Bookkeeper for the Town, and WHEREAS, the Dutchess County Department of Personnel has issued a certification advising that said Joyce Benedetto has passed the Civil Service Exam, and WHEREAS, it is the desire of the Town Board to fill the position of Bookkeeper by permanent appointment under the rules and regulations of Civil Service, NOW, THEREFORE, BE IT RESOLVED, that JOYCE BENEDETTO of 22 High Street, Wappingers Falls, New York, be and hereby is appointed to the position of Bookkeeper on a permanent basis pursuant to the Certificate of Eligibilities based on Exam No. 124-88, 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: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted Inasmuch as Mr. James Klein, developer of Hark Plaza, donated a well, easements and land for the establishment of the Wappinger Park Water District, the previous administration agreed that he could hook into the water system as a tenant. A work shop was recently held to familiarize the new Town Board with the situation and it was decided that Mr. Klein would inform the Board of the gallonage of his water usage so the Board could determine what to charge him. Actually he would be paying as a member of the district, however, in order to bill him on a unit basis, the billing department has to know the usage. MRS. VISCONTI moved to table action on this matter pending further information from Mr. Klein. Seconded by Mr. Incoronato Motion Unanimously Carried A request was received from Ann Buckley, Comptroller, for the Board's consideration to borrow $30,000 for Wappinger Sewer Improvement Area #1 to pay their obligations, from Central Wappinger Water Improvement Area. The loan would be paid in full with interest before the end of this year.as by that time the bonding for the improvements to that area will boost that account so all outstanding debts can be paid. 128 MRS. VISCONTI moved to approve a loan in the amount of $30,000 for the Wappinger Sewer Improvement Area #1 from Central Wappinger Water Improvement Area, as follows: CWWIA: Due From Other Funds DR391 Cash CR201 WSI#1: Due To Other Funds: CR630 Cash DR201 Seconded by Mr. Incoronato Motion Unanimously Carried Unfinished Business --- The Town had previously solicited bids for propane gas for the sewer districts and received four bids. The Engineer advised the Board that three of the four bids had pass through costs for any increases to the companies from their wholesalers. It appears, through conversations with the State Department of Audit and Control that a broader base bench mark is needed to be used for determining whether or not a price increase is valid than the wholesalers cost to the distributors. There is some confusion in exactly what Audit and Control is asking for and the Attorney has not been able to contact the person in charge to discuss it. MRS. VISCONTI moved to table consideration of the propane gas bids for further clarification. Seconded by Mr. Incoronato Motion Unanimously Carried Renewal of the Cablevision Franchise has not been addressed by the Town Board and the present one is due to expire on June 21, 1990. There were still many items still up in the air pertaining to the agreement and the Board has not been satisfied with the Company, its General Manager or its service. The period would be a ten year renewal of the existing agreement and it seemed that the Town could not opt for anything less. MRS. VISCONTI moved to table action on the Cablevision Franchise renewal and refer to the Attorney for review and recommendation. Seconded by Mr.Incoronato Motion Unanimously Carried New Business --- Mr. Fanuele spoke of complaints he has received regarding traffic problems on Blackthorn Loop caused by parking during school hours 129 and it also affects the surrounding areas. Our Fire Inspector responded to problems in the area and has recommended a Local Law be enacted prohibiting parking from 7 A.M. to 4 P.M. on weekdays; the Highway Superintendent suggested that it be school days only, so residents would not be penalized on holidays because of the problems of the school system. It was agreed after further discussion that it should be no parking on days when school is in session, from 9 A.M. to 3 P.M. on Ervin Drive and Blackthorn Loop. The Attorney was requested to prepare a Local Law to enact the aforesaid parking restrictions. There was no other business to come before the Board. MR. VALDATI moved to adjourn the Meeting, seconded by Mrs. Visconti and unanimously carried. The Meeting adjourned at 9:40 P.M. Elaine H. Snowden Town Clerk Rg. Mtg. 5/29/90