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1990-04-23 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 23, 1990 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. March 26, 1990 Spec. March 29, & April 4, 1990 4. REPORTS OF OFFICERS: Town Justices Sup/Compt. Dog Control Officer Receiver of Taxes Bldg. Insp. Zng. Adm. 5. PETITIONS & COMMUNICATIONS a. Jas. Andersen Re: Wildwood Manor Condominuims to submit grievance on Sewer Charges b. Request from G. Supple, Attny representing Barbara Hansen for hook-up to Mid Point Water Dist. c. Jon Adams, Attny, re: Sattelite Investments d. 2 applications for Peddling & Hawking Licenses: Anna Marie Antenucci and Jennifer Lynn Gullo e. Correspondence from T. Logan, Assessor, re: Memo from D. Co. Comm. of Finance on unpaid Town land in Fieldstone Farms f. Reports from J. Paggi, Eng. to Town, (1) Wappingers Sewer Trans- mission Dist. (2) Spook Hill Drainage (Ref. R. Tallman) (3) Cit of Pk. & Twn of PK Joint Water Supply Project. g. Notice from Village of Wapp. Falls Ping. Bd. re: designated Lead Agency for Imperial Plaza Redevelopment h. J. Eilert, request hook-up into Wapp. Sewer Improvement (Sherwood H i. Patricia Maupin, Rec. of Taxes, requests permission to attend Semina at Hiden Valley Conference Center June 10-13 j. Kevin Karn, Ch. D. Co. Leg., re: Opinion on Co. recycling Law 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Consider adoption of Local Law on 0 & M rates, Wappinger Park b. Consider adoption of Zng Ordinance amending Zoning Map C. Consider adoption of proposed Wappinger Sewer Imp. Area #3 d. Resolution for support for N.Y.S. Grange "Adopt a Road" program e. Proclamation proclaiming April 22-28, 1990 as Grange Week in T/W f. Authorize Supervisor to purchase Fax Machine g. Term of Ellen Korz, Recreation Comm. member, expires 5/1/90 8. UNFINISHED BUSINESS Request for change of name of Van Voorhis Terrace 9. NEW BUSINESS II 10. ADJOURNMENT REMINDER: 2 PUBLIC HEARINGS - STARTING AT 6:45 P.M. hts) r 85 The Regular Meeting of the Town Board of the Town of Wappinger was held on April 23, 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 All joined in the Pledge of Allegiance to the Flag at the commencement of the meeting. The Minutes of the Regular Meeting of March 26th, and Special Meetings of March 29th and April 4th, 1990, having previously been forwarded to the Board Members, were placed before them 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 Reports were received from the Town Justices, Building Inspector, Dog Control Officer for the month of March, Supervisor/Comptroller for February and March, Receiver of Taxes for February and newly implemented Highway Report for the month ending April 15th, 1990. MRS. VISCONTI moved to accept the Reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Incoronato, who had requested that the Hydrant Report be deleted and in its place a Highway Report specifying the work done by that department be submitted, was pleased with the new report, stating that it was super. Petitions & Communications --- Mr. Andersen, representing Wildwood Manor Condos had requested to be on the Agenda in regard to a grievance on sewer charges, however, he notified the Town Clerk's Office that he had injured his foot and would like to reschedule the matter to a future meeting. ffl M Mr. Fanuele suggested that the Board discuss this subject at a work shop prior to entertaining Mr. Andersen. MR.FANUELE moved to table for a work shop discussion. Seconded by Mrs. Visconti Motion Unanimously Carried Attorney Gregory Supple, representing Barbara Hansen, Route 376, requested that she be allowed to hook on to the Royal Ridge Water District, (CWWIA) due to hardship; it has been determined that her well is polluted apparently due to the illegal discharge of waste water from the Hertz Corporation car wash. Mr. Paggi was not aware of this situation, however, last year there was a similar request from Mr. & Mrs. Don Stenabaugh, due to the same cause and at that time he recommended that they be allowed to hook into CWWIA. His recommendation would therefore, be the same for Mrs. Hansen. MRS. VISCONTI moved to allow Barbara Hansen to hook into the Central Wappinger Water Improvement Area under the terms of the Tenant Policy. Seconded by Mr. Fanuele Motion Unanimously Carried Attorney Jon Adams, representing Satellite Investments in regard to a transfer of lands to the Town of Wappinger in conjunction with rezoning a large parcel of land between Old Hopewell Road and All Angels Hill Road; a map showing the parcel was enclosed, however there was no indication what was planned for that area. Mr. Fanuele and Mr. Valdati requested that some specific plans be submitted to the Board. Mr. Buyakowski of Satellite Investments was present and noted that because of the unavailability of sewer for the parcel they have not spent the.time or money to come up with a plan. There were questions from the Board Members on this situation and it was agreed that a work shop discussion should be scheduled. MRS. SMITH moved to table this matter pending a future work shop with the Attorney and representative from Planning Board. Seconded by Mr. Valdati Motion Unanimously Carried M. Two applications were received for Peddling Licenses for vending hot dogs and food throughout the Town; the applicants, Anna Marie Antenucci and Jennifer Gullo were both from the Town of East Fishkill. Mrs. Visconti was in favor of approving both licenses although Mrs. Smith had a problem with issuing licenses to residents of other towns; she felt that consideration should be given to our own first. There was also a question raised by the Zoning Administrator regarding Ms. Antenucci's application; the name sounded familiar and he recalled that she was denied permission by the Planning Board to run a type of lunch program from her home. He wanted to research this to determine if it was the same person with another address. MRS. VISCONTI moved to approve a Peddling License for Jennifer Lynn Gullo and table action on the License for Anna Marie Antenucci pending a report from the Zoning Administrator. Seconded by Mr. Incoronato Motion Unanimously Carried A Memo was received from Assessor Tom Logan relative to unpaid taxes due on property actually owned by the Town but still registered under the name of Fieldstone Farm. It appears that the deed was never recorded if, indeed, it was ever presented to the Town. He recommended that the taxes due on the property be paid and once the Attorney has prepared the deeds for the two parcels, they will be property executed and recorded in the Town's name. MRS. SMITH moved to authorize payment of the taxes due, subject to review and approval of the Attorney to the Town. Seconded by Mrs. Visconti Motion Unanimously Carried Mrs. Smith noted that the reason for the authorization and review by the Attorney simultaneously was because the deadline date is May 1, 1990. There was some concern from Mrs. Visconti as to why this was happening, this being the second one she knew about and Mr. Logan suggested in his memo to the Board that no subdivision plat be signed until such time as deeds are presented and accepted by the Town and promptly recorded. Mr. Levenson noted that the map is not submitted until all documents are received and in proper form; there should not be any problems of this nature in the future. M Reports received from the Engineer included information on the Wappinger Sewer Transmission District; Mr. Paggi reviewed their past actions on this District, plans and specs for construction of the trunk line from the Oakwood Knolls Plant to the Village Pump Station submitted to the County Health Department November 22, 1989. This was Phase I and required by the D.E.C. Consent Order. The District has run into some legal administrative items that must be considered and have to do with technical items such as sizes and locations of pipes. It could be a few years before the plans will be able to be implemented but he was seeking authorization to complete the review process with the Health Department, first, because it will give the Town a set of plans for the pipeline, and secondly, it will show the D.E.C. and the Health Department the intent of the Town to comply. Authorization of total cost of $72,000.00 was approved for this project, $54,000.00 has been expended to now; Mrs. Smith's question to the Engineer was whether the remaining $18,000.00 balance would cover the cost of the review process he planned to do and he replied that this amount would more than cover the cost of the remaining work. MRS. SMITH moved to authorize the Engineer to complete the review process with the Health Department, regarding the plans and specs submitted for the Wappinger Sewer Transmission District. Seconded by Mrs. Visconti Motion unanimously Carried The second report was Spook Hill Park Drainage which was brought to the attention of the Town Board by Richard Tallman, a resident of that area. Mr. Paggi and Mr. Foster, the Highway Superintendent had checked the site and determined it could be alleviated by regrading which could be done by the Highway Department. Mr. Tallman agreed that the work to be done there should relieve the situation and he commended a member of the Engineer's staff for his persistance in contacting Mr. Tallman to keep him informed of their findings and solution. The third communication was in response to a lead agency notice that the Town received from the City and Town of Poughkeepsie relating to a Joint Water Supply Project. He recommended that the Town have no objection to the designation of lead agency and further recommended that the Town be kept abreast of their progress with the idea in mind that they might want to discuss, amongst themselves, the feasibility of w becoming part of this project which could, a few years down the road, become a viable source of water; the Hudson River, he explained, is the third source of water that the Town has access to, the other two being the Sprout Creek and Wappinger Creek Aquifers. There is already an existing tap, existing treatment facility and the piping is already up to the northeast border of the Town in the vicinity of Jackson Road and Quiet Acres Subdivision. It was Mrs. Smith's recommendation that the Board discuss this at length during a work shop. A Notice of Designation of Lead Agency re Imperial Plaza Redevelopment was received from the Village of Wappingers Falls Planning Board. Mr. Paggi commented that the majority of the work is a total renovation of parking, driving and access areas in that Plaza; he indicated that he would forward copy of the site plan filed for the project. MR. VALDATI moved to accept the Notice and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from John Eilert, 34 Sherwood Heights, to hook up to the Rockingham Farms Sewer District; the property was not within the boundaries of this District, therefore Mr. Eilert would have to agree to become a tenant and comply with the requirements of the Tenant Policy. Mr. Eilert indicated that he had a hardship in that the house is less than two years old and the leach field is failing. Mr. Paggi informed the Board that Dutchess County Health Department approval would be required and recommended, under the circumstances that the Board give permission conditional upon this approval. MR. VALDATI moved to grant permission to Mr. Eilert to become a tenant to the Rockingham Farms Sewer District, resident of 34 Sherwood Heights, subject to agreement to the Tenant Policy, and approval from the Dutchess County Department of Health. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from the Receiver of Taxes, Patricia Maupin, to attend a Seminar for Tax Collecting Officers at the Hidden Valley Conference Center from June 10-13, 1990. M MRS. SMITH moved to grant permission to Mrs. Maupin to attend the Tax Collecting officers Seminar from June 10-13, 1990 and all legitimate expenses will be a Town charge. Seconded by Mrs. Visconti Motion Unanimously Carried A communication was received from Kevin Karn, Chairman of the Dutchess County Legislature regarding the Town's opinion on the proposal for a mandatory recycling law. There have been public information meetings for officials, carters and the public in order to obtain the opinions of all, however, there appears to be a lack of consensus, he feels, on a municipal level on what direction the County should take. Some towns want County participation, others do not and he is endeavoring to get as many opinions that he can from the County municipalities. According to Mrs. Smith, our Town agrees with the County taking the lead but not necessarily in agreement with their Local Law 100%. Mr. Gordon Hirt, Wappinger County Legislature was invited to give the Board his interpretation of exactly what Mr. Karn was looking for. Mr. Hirt explained that in order to recycle you need a lot of material and the County is looking for guarantees that the towns will commit the material to them; they will not be able to get a bid from a buyer for the materials unless they provide a reasonable tonnage of the specific item. It could be that if the towns go on their own, the volume may be so small, they may have to pay to have it collected. He also indicated that the County is working on another resolution to submit to the municipalities and in light of this fact, it was agreed by the Board that they should table action until they reviewed the amended law. MRS. SMITH moved to table a response to Mr. Karn for work shop discussion. Seconded by Mrs. Visconti Motion Unanimously Carried A brief discussion ensued on the recycling process with Mr. Hirt and Board Members; some residents expressed their views that the Town shouldn't wait for guidelines or directions from the State, they should be doing their own thing. At this point Mrs. Smith informed them that the Town has been working on this diligently and a program is in place which will commence July 14th of this year. Starting next Monday our 41 Highway Department will be conducting the Annual Bulk Recycling Pick-up of all materials and once that is completed the site will be ready at the Highway for plastics, glass, aluminum, metal and newspaper which the Town has been recycling for several years. The Town has applied for and received a $4,000 Grant for the use of educational materials relating to recycling. The Supervisor and Councilman Fanuele have coordinated their efforts to purchase items for distribution to the public to help explain the process and its purpose. Since the Board has not been informed of these activities, she preferred not to elaborate, but her intent was to let the residents know that the Town is doing their job in this respect, they are not sitting and waiting for direction from the State. One of the residents complained about the condition of the roadway at the Highway Department, so instead of using that facility and coming home with muddy shoes and pants, he now uses a neighboring municipality recycling site; he suggested that they remedy that situation. The Highway Superintendent informed him that the location has been blacktopped and they're making more space available for the program. Committee Reports --- Mr. Fanuele, Recycling, proposed a Wappinger Recycling Committee and suggested that they schedule a meeting for those interested in helping out, get them involved and organized. Bumper stickers and flyers will be given out to the public, opening day, as Mrs. Smith mentioned before, will be July 14th and a ceremony is planned the week before on July 7th. Computer Committee, almost at the selecting point, will request one more proposal for the three systems that will be in place; when that is received, they will finalize the systems. Mr. Valdati has no reports for this meeting. Mr. Incoronato, referred to communication from Tri -Municipal Sewer relating to E.I.S. and related costs; this was initially estimated at $152,000.00, now up to $303,000.00. The breakdown and explanation is totally unsatisfactory; the legal costs are 18% of the total costs, amounts of $55,250.00. Following Mr. Incoronato's comments on these escalating costs which were, he felt, out of sight and ridiculous, it was agreed that the Board should have a work shop for their own discussion and a future one with Tri -Muni for explanations of these figures. Mrs. Smith added that there are problems but they have to be dealt with and if the money has to be paid, so be it but they would ". like to start negotiations very soon, and she has asked Mr. Fanuele to be on the Negotiating Team along with Mrs. Visconti as the alternate. After further discussion, all agreed to a work shop on the 1st of May, 1990, at 7:30 P.M. for just the Town Board to discuss their questions on Tri -Muni. Mrs. Visconti did not have any reports, however she invited the Highway Superintendent to give a brief outline of the proposed pick-up. Mr. Foster stated that it will be in the paper this week, will start next Monday, April 30th in the south end of the Town; there will be a map of the area they will cover, items that will be picked up and he emphasized that the items must be separated or they will not pick them up. Each area will be in the paper prior to the pick-up and the article should be self-explanatory. Resolutions --- A Public Hearing having been held on a proposed Local Law Relating to the Charge and Collection of Water Rates for the Wappinger Park Water District, on April 9, 1990, the matter was placed before the Board for their consideration. COUNCILWOMAN VISCONTI moved to adopt Local Law #1 of 1990 as follows: A LOCAL LAW RELATING TO THE IMPOSITION, CHARGE AND COLLECTION OF WATER RATES FOR THE CONSUMPTION AND USE OF WATER FOR THE WAPPINGER PARK WATER DISTRICT, AS WELL AS THE PENALTIES AND ENFORCEMENT THEREOF. BE IT ENACTED by the Town Board of the Town of Wappinger, SECTION I. IMPOSITION AND COMPUTATION OF WATER RATES A. All water rates are payable quarterly ending on the last day of the months of March, June, September, and December and the minimum rate shall be payable even though no water is consumed, so long as the service shall be considered as connected with the curb box or otherwise at the request of the owner. The minimum rate shall be payable even though the water has been shut off when such discontinuance has been made by someone not authorized by the District. B. The owner shall be obligated to pay the minimum charge of Seventy ($70.00) dollars per each quarter, regardless of the consumption of water for said quarter, provided said owner is connected to the system at any time during the quarter. C. Such water rates shall be payable for each of the four quarters of the year and shall be subject to the penalties hereinafter provided. SECTION II: PAYMENT AND ENFORCEMENT OF WATER RATES A. All water bills shall be due and payable within thirty-two (32) days of the billing date. After the expiration of thirty-two (32) days, a penalty equal to ten (10) percent of the amount unpaid shall be added to that bill for that quarter. B. Said water charges shall constitute a lien upon the real properties served by the water system of the District and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rent, or other lawful charge imposed by the Town. SECTION III: If any owner of real property on which a water charge has been imposed deems himself aggrieved because such real property is not served by the water system or an error has been made in computing such water charge, he may file an application for a refund of all or part of such water charge. Such application shall be verified by him and shall set forth the amount of refund sought and the grounds therefor. Such application shall be presented to the Town Comptroller and he shall forward such application to the Town Board with his recommendations in relation thereto. The Town Board may refund all or part of such water charge. SECTION IV: This Local Law shall take effect immediately upon adoption as provided by the Municipal Home Rule Law. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on April 23, 1990 on an Ordinance Amending the Zoning Map of the Town of Wappinger, the matter was placed before the Board for their consideration. During the Public Hearing the Principals agreed to two conditions on the approval of the rezoning ---that the wetlands remain undeveloped, and the front and side set back requirements be set at 200' which is the more restrictive of the two zones. The Town Planner, Raymond Arnold, had forwarded his report and after analysis of the project, recommended a negative declaration since it would have no significant effect on the environment, pursuant to the SEQR process. MR. FANUELE moved to adopt a negative declaration on the rezoning change from OR -10A & AI -2A to solely AI -2A, per the report from the Town Planner. Seconded by Mrs. Visconti Motion Unanimously Carried AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER The following Ordinance was offered by COUNCILWOMAN VISCONTI who moved its adoption: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, as follows: 94 Section 1. The Town of Wappinger Zoning Map adopted March 10, 1980, and as amended from time to time, is hereby further amended by rezoning the following portion of a parcel of land from OR -10A, (Office/Research/Light Industry District -10 Acres) to AI -2A, (Airport Industry District -2 Acres) classification, except, however, the front and side set back yard requirements are hereby established at 200 feet, and, further that future development of the parcel described in Schedule A shall never encroach on the wetland areas or wetland buffers, said portion of real property being more part=icularly described as set forth on Schedule A, annexed hereto and made a part hereof, containing 25.899 acres of land, more or less. Section 2. This Ordinance is further adopted on the condition that the owner of the parcel submit a Declaration of Covenants and Restrictions in recordable form, acceptable to the Attorney to the Town, restricting and establishing the front and side set back yard requirements to 200 feet and prohibiting any further development of the site from encroaching into the wetland areas or wetland buffer. Present Owners: Route 376 Associates, L.P., a New Jersey Limited Partnership, and Bradford New York, Inc., a New York Corporation, as tenants in common. Tax Grid Number: 19-6259-02-872505-00 Deed Recorded: Liber 1859 of Deeds, page 592 The parcel described in Schedule A, annexed hereto, being a portion of the above owners' 67.002 acre parcel, identified by the aforesaid tax grid number. Section 3. This amendment shall become effective upon adoption, posting and publication, as prescribed by Town Law. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays SCHEDULE A All that lot, parcel or piece of land situate in the Town of Wappinger, County of Dutchess, and State of New York, and being more particularly described as follows: Beginning at a point on the Northerly line of Airport Drive, said point of beginning being the Southeasterly corner of lands now or formerly R.E.&W. Associates being Parcel B as shown on the plan "Final plat four lot subdivision of lands of Satellite Investments" filed as map #8938 in the Dutchess County CLerk's Office, Poughkeepsie, New York, said point of beginning also being the Southwesterly corner of Parcel C and the herein described parcel; thence from said point of beginning and along the Easterly line of said Parcel B North 10-52'-38" East 19.68 feet; thence through Parcel C being the existing zone line as shown on the Town of Wappinger Zoning Map dated 1980 between zone OR -10A on the Southeast and zone AI -2A on the Northwest North 56-56'27" East 2368.28 feet; thence along the Southwesterly line of lands now or formerly the County of Dutchess being the Old Railroad South 01-14'-17" East 260.28 feet; thence along the Northwesterly line of Parcel D as shown on filed map #8938 South 33-45'-45" West 1653.78 feet; thence along the Northerly line of Airport Drive the remaining three courses and distances, North 64-09'-26" West 330.37 feet to a point of curvature; thence on a curve to the left having a radius of 880.00 feet an arc distance of 229.85 feet as described by the chord North 71-38'-24" West 229.20 feet to a point of tangency; thence on the tangent North 79-07'-22" West 570.51 feet to the point of beginning. Containing: 25.899 acres Subject to any right-of-way, easement, covenant or restriction of record. 7 95 A Public Hearing having been held by the Town Board on April 23rd, 1990, on the proposed Establishment of the Wappinger Sewer Improvement Area No. 3, the matter was placed before the Board for their considera- tion. A RESOLUTION MAKING CERTAIN DETERMINATIONS WITH RESPECT TO THE PROPOSED ESTABLISHMENT OF A SEWER IMPROVEMENT AREA IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12-C OF THE TOWN LAW, TO BE KNOWN AS WAPPINGER SEWER IMPROVEMENT AREA NO.3. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, duly adopted an order on the 29th day of March, 1990, calling a public hearing to be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town on the 23rd day of April, 1990, at 7:30 o'clock P.M., Prevailing Time, to consider improvements proposed for, located within, and to serve the area of the Town of Wappinger to be known as the Wappinger Sewer Improvement Area No. 3, which shall be bounded and described as set forth in Appendix A annexed hereto and made a part hereof, consisting of infiltration/ inflow reduction work including reconstruction of defective sewer mains, laterals and manholes, hydraulic modification to the existing Oakwood Knolls Wastewater Treatment Plant and the installation of an overflow line on a portion of the Robert Lane sewer main, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of said Town Board in relation thereto as may be required by law or as may be proper in the premises; and WHEREAS, notice of said public hearing was duly published and posted in the manner provided by law and proof thereof has been submitted to the Town Board of said Town; and WHEREAS, said public hearing was duly held at the time and place aforesaid at which all persons interested were heard; and WHEREAS, said Town Board has duly considered all of the evidence given at such public hearing; and WHEREAS, the maximum estimated cost of such improvements has been determined to be $494,000; and WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne entirely by the lands benefited thereby located within such Wappinger Sewer Improvement Area No. 3 which cost shall be assessed, levied and collected from the several lots or parcels of land within such Wappinger Sewer Improvement Area No. 3 which the Town Board shall determine and specify to be especially benefitted thereby in just proportion to the amount of benefit such improvements shall confer upon such lots or parcels; and WHEREAS, said cost shall be authorized to be financed by the issuance by the Town of its serial bonds with a maximum maturity not in excess of the period prescribed by the Local Finance Law; and WHEREAS, pursuant to subdivision 13 of said Section 209-q, where the cost of an improvement undertaken pursuant to such Section is to be financed by the issuance of obligations of a town, and where such cost is not greater than one-tenth of one per centum of the full valuation of taxable real property in the area of such town outside of any villages, the approval of the State Comptroller is not required in connection with the authorization thereof; and W. WHEREAS, the full valuation of taxable real property in the area of said Town of Wappinger outside of any villages if $990,808,062, one-tenth of one per centum of which is greater than the cost of the aforesaid improvements; and WHEREAS, pursuant to subdivision 11(a) of said Section 209-q, where all, or any part of the cost of an improvement undertaken pursuant to such Section is to be borne by the entire area of a town outside of any villages, a resolution authorizing any such improvement must be adopted subject to permissive referendum; and WHEREAS, no part of the cost of the aforesaid improvements shall be borne by the entire area of the Town outside of any villages; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Based upon the evidence given at the aforesaid public hearing it is hereby found and determined to be in the public interest to provide for the improvements as described in the preambles hereof and in accordance with the plan, report and map referred to in such preambles and said improvements are hereby authorized. Section 2. As set forth in the preambles hereto, the boundaries of the area benefitted by said improvements shall be as set forth in Appendix A hereto, and the cost of said improvements shall be assessed, levied and collected from the several lots and parcels of land within said Wappinger Sewer Improvement Area No. 3 which the Town Board shall determine and specify to be especially benefitted thereby. Section 3. Pursuant to subdivision 6(d) of said Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within ten days of the date of adoption in the office of the Clerk of the County of Dutchess, New York, which when so recorded shall be presumptive evidence of the regularity of the proceedings and action taken by said Town Board in relation to the aforesaid improvements. Section 4. This resolution shall take effect immediately. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays A RESOLUTION AUTHORIZING THE ISSUANCE OF $494,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE CONSTRUCTION OF IMPROVEMENTS TO THE SEWER -SYSTEM IN AND FOR THE WAPPINGER SEWER IMPROVEMENT AREA NO. 3 IN SAID TOWN. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, after all proceedings required by law were duly had and taken by the Town Board of the Town of Wappinger, Dutchess County, New York, said Town Board has duly established the Wappinger Sewer Improvement No. 3 in and for said Town; and WHEREAS, compliance with the provisions of the State Environmental Quality Review Act, has been performed; and WHEREAS, it is now desired to authorize the issuance of $494,000 serial bonds of said Town to pay the cost of sewer improvements in said Wappinger Sewer Improvement Area No. 3; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Ow Section 1. For the specific object or purpose of paying the cost of the construction of improvements to a sewer system in the Wappinger Sewer Improvement Area No. 3 in the Town of Wappinger, Dutchess County, New York, consisting of the infiltration/inflow reduction work including reconstruction of defective sewer mains, laterals and manholes, hydraulic modification to the existing Oakwood Knolls Wastewater Treatment Plant and the installation of an overflow line on a portion of the Robert Lane sewer main, including incidental improvements in connection therewith, there are hereby authorized to be issued $494,000 serial bonds pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of such specific object or purpose is hereby determined to be $494,000, and the plan for the financing thereof is hereby determined to be by the issuance of the $494,000 serial bonds of said Town, herein authorized to be issued therefor. Further details concerning said serial bonds will be prescribed in a further resolution or resolutions of this Town Board. Section 3. It is hereby determined that the period of probably 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. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be apportioned and assessed upon the several lots and parcels of land within said Wappinger Sewer Improvement Area No. 3 which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within 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. Section 5. 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 6. 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 Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. shall be published hereby designated purpose, together the form provided This resolution, which takes effect immediately, in full in the Southern Dutchess News which is as the official newspaper of said Town for such with a notice of the Town Clerk in substantially in Section 81.00 of the Local Finance Law. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays W. The following Resolution was introduced by SUPERVISOR SMITH: WHEREAS, The Town of Wappinger fully supports the "Adopt a Road" Program, and WHEREAS, The New York State Granges have exhibited leadership in a program to keep our roadside clean, and WHEREAS, New York State Legislature is currently considering an "Adopt a Road" program, and WHEREAS, Dutchess County, in addition to be benefitting from such a program should assume a leadership role in its establishment, NOW, THEREFORE, The Town of Wappinger urges the Dutchess County Legislature to support the "Adopt a Road" concept and appoint a committee to develop specific plans, solicit community support through individuals and organizations and activate said program through donations and volunteer assistance, with no cost to the taxpayers. Mrs. Smith noted that all the Granges in New York State are involved; Oak Grove Grange has adopted St. Nicholas Road, Mount Hope Junior Grange has adopted Myers Corners Road from Route 376 to the Grange Hall. She asked the Board for authorization to request all Town organizations to solicit volunteers for this purpose. MR. FANUELE moved to authorize the Supervisor to send letters to the organizations in the Town for the purpose of soliciting volunteers for the Adopt a Road Program. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Incoronato asked why some of the clients in the Jail couldn't adopt a road in the County and do their part; Mrs. Smith had already approached the Sheriff on this subject and was informed that they cannot make these individuals work, it is their right to inhabit the jails and do nothing toward the expense of keeping them. Mr. Hirt, Wappinger County Legislature added his information that they, too had asked about that and the jail population at that time was about 240 people and when they researched, there were actually 6 of them who were eligible for a work program, by State Rule. It seems that they were in various stages of the law process and therefore could not be put into a working category. On the subject of community service, Mrs. Smith referred to the "junk" lot on Myers Corners Road across from Waldbaums which everyone was aware of due to the unsightly mess that has been created. She called the County and they did clean the right-of-way; the person living there is elderly and not able to get out and clean up but she M has talked to the granddaughter who has agreed to provide a "hold harmless" agreement to the Town so there will be no problem if a cleaning crew doing community service in lieu of a fine from our Justice Court enters the property. The management company from Indiana will be in the area next week and Mrs. Smith intends to discuss the placing of a fence and/or shrubbery to prevent the dumping from occurring again. The following Proclamatiom was sponsored by SUPERVISOR SMITH: WHEREAS, William S. Benson, Master of the New York State Grange has announced that April 1990, will be celebrated as Grange Month in the State of New York, and WHEREAS, He has designated April 22-28, 1990 as Grange Week for all Pomona, Subordinate and Junior Granges, and WHEREAS, The Grange is one of the most influential agricultural groups in New York State and Dutchess County, and WHEREAS, The Grange is a family, community and fraternal organization, concerned with serving the needs of its rural, urban and suburban members; dedicated to community services; concerned with the judicial use of our human and natural resources and, through its social and recreational fellowship, promotes patriotism and citizenship activities, and WHEREAS, The Grange has provided the leadership, inspiration and dedication needed to improve the quality of life and economic well-being of individuals and their community, NOW, THEREFORE, I Constance O. Smith, Supervisor of the Town of Wappinger, New York, do hereby proclaim the week of April 22-28, 1990, as Grange Week in the Town of Wappinger and urge all citizens to join me in honoring this worthy organization. During a recent work shop, the Board Members agreed to authorize the Supervisor to purchase a Fax Machine, and at this time she needed the official authorization from them. There is a temporary snag due to the fact that our AT&T Merlin System is not compatible with New York Telephone and another line has to be installed at an approximate cost of $600.00 plus $1,995.00. Mrs. Smith selected a slightly higher cost model than they had originally talked about, which includes a code for each department use and she felt it would put a better hold on its use by indicating what departments are using the machine. MRS. VISCONTI moved to authorize the Supervisor to purchase a Fax Machine at a cost not to exceed $2,500.00. Seconded by Mr. Valdati Motion Unanimously Carried 100 A vacancy existed on the Recreation Commission due to the expiration of Ellen Korz's term; the Commission recommended that she be reappointed as she is an excellent member and an asset to the Commission. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Ellen Korz be and she hereby is reappointed as a member of the Town of Wappinger Recreation Commission to fill the vacancy created by the expiration of her term, and BE IT FURTHER RESOLVED, that the term of Ellen Korz on the Recreation Commission will expire on May lst, 1995. Seconded by: Roll Call Vote: Councilman Valdati 5 Ayes 0 Nays Two bids for cleanup .were received and opened on April 20th, 1990, from Royal Carting Service Company and M & G Sanitation, Inc. The Highway Superintendent recommended that the bid be awarded to both companies as he felt that we would have a backup in the event these companies were also involved in the other town pickups. MR. FANUELE moved to accept the bids from both companies for the Cleanup Project, based on the recommendation of the Highway Superin- tendent. Seconded by Mrs. Visconti Motion Unanimously Carried Since the date of the next Regular Meeting will fall on the Memorial Day Holiday, the Board agreed to change the day. MRS. VISCONTI moved to change the date of the Regular Meeting for the Town Board from May 28th to May 29th, 1990, due to the Memorial Day Holiday. Seconded by Mr. Incoronato Motion Unanimously Carried Unfinished Business --- At a previous meeting a request was received from a resident on Van Voorhis Terrace to change the road name to Pine Ridge Drive. The Supervisor felt the other residents should have a say in such a change and forwarded a letter to them asking for their opinion. As a result a petition was sent to the Town from these residents asking that the name of the road not be changed as it would cause them considerable hardship and confusion changing records. 101 MR. VALDATI moved that the request to change Van Voorhis Terrace to Pine Ridge Drive, be denied, based on the consensus of the community to leave it unchanged. Seconded by Mrs. Smith Motion Unanimously Carried Mrs. Smith mentioned that the Board had received plans from the Recreation Commission proposed for the Castle Point Recreation Area and asked Mr. Incoronato to elaborate. He gave a brief history of that site, noting that it has been used for many years as a landfill for the Town, but now the U.S. Department of Interior who donated the land to the Town for recreation use has cautioned us that if more improvements for a recreation park are not implemented, we could lose the property. Since the Chelsea School House is no longer available to the Town for the Children's Summer Program, the Commission looked into Castle Point as an alternative, provided they could come up with the money for the project and have submitted the plans for the Town Board's consideration. As Councilman of Ward 2, Mr. Incoronato urged the Commission to work on the development of that site so the area children would not be deprived of the summer program and it could also be put to other uses for the benefit of all ages. The proposed plan will cost about $50,000 and will include: 1. Covering the land fill area with 3" top fill, cost approximately $12,000; 2. Improve the access road that will run the length of the Park, cost $25,000; they are seeking donations of material from Trap Rock and if this can be done, the cost will be reduced significantly; 3. Priority Item which they hope can be completed by the end of April, build a second softball field, estimated cost $5,000 which could be used for softball/soccer; 4. Priority Item, scheduled for completion by middle of May, build playground area for Summer Program, equipment $4,000, labor $2,000, total $6,000; 5. Picnic Area, estimate $2,000 ($500 provided by Heritage Task Force for brick and mortar). Future plans for 1990 and 1991 were also itemized by the Commission in their plan for improvements to the Castle Point property. The maximum cost, according to their calculations would be $50,000 and if donations and grants are received, it could be less, but for now, they must concentrate on the maximum amount and the Commission requested permission to transfer this money from the Parkland Funds. MR. INCORONATO moved to approve a transfer of $50,000 from the Parkland 102 Fund Account to Account #00-06-7110.2, Equipment. Seconded by Mrs. Visconti Motion Unanimously Carried Mrs. Visconti commended the Recreation Commission for proposing and compiling this project and the Highway Department for their cooperation and contribution of labor to expedite the project. The Parkland Fund Account will have a balance of $132,394 after this transfer. The Supervisor had another transfer for the Board to consider; the Fire Inspector has been having trouble with his car and it appears that when the budget was prepared, the amount of $2,500 appropriated for the repair of his vehicle was erroneously placed in equipment instead of contractual which would include vehicle maintenance. MRS. SMITH moved to transfer $2,500 from Fire Prevention Equipment, Account #01-02-3410.20 to Contractual Account #01-02-3410.40, for repair to the Town Vehicle used by the Fire Inspector. Seconded by Mr. Incoronato Motion Unanimously Carried New Business --- Mr. Fanuele and Mrs. Visconti had discussed having a meeting with the Comptroller to discuss the reports that have been prepared and he had dates available when she could meet with the Board. Mrs. Smith did not agree with this meeting since she has come to the conclusion that they cannot work with the budget that they have been left with and they are redoing it and when completed they will explain it to the Board which should be next week. Mr. Fanuele referred to a man made lake in Rockingham and thought they should fill it in and make more parking spaces available in that area which is mostly used for soccer. one of the residents from that area said this is a spring fed lake and it would do no good to fill it in. The Engineer also brought up the fact that there are wells in that location and it could disturb the aquifer and it does serve a purpose for flood detection. A request was received from the Wappingers Central School District for the use of seven voting machines for their annual election on May 23, 1990. 103 MR. VALDATI moved to grant permission to the Wappingers Central School District to use seven of the Town voting machines for their annual election on May 23, 1990, under the supervision of a Town Custodian. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Incoronato requested the Zoning Administrator to check a possible setback violation at the used car lot on New Hackensack Road and Route 9; Mr. Levenson noted that this location is a Town/Village boundary and he would have to check out whether the Village Ordinance or Town Ordinance would apply. The Supervisor recognized Wappinger County Legislators, Don McMillen and Gordon Hirt and invited them to speak to the public. Mr. McMillen had no reports from the County and Mr. Hirt reported that Committee Days next month are May 9th and 10th and the Board Meeting is May 14th. There was no other business to come before the Board. MRS. VISCONTI moved to adjourn the meeting, seconded by Mr. Incoronato and unanimously carried. The meeting adjourned at 9:30 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 4/23/90 A Public Hearing was held by the Town Board of the Town of Wappinger on April 23, 1990, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on an Ordinance Amending the Zoning Map of the Town of Wappinger (Bradford Co. Rt. 376 from OR -10A to AI -2A) Supervisor Smith opened the Hearing at 7:00 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 Herbert Levenson, Zoning Administrator The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). John Railing, Engineer for the Applicant, pointed out that the location was Airport Drive, a proposed Town road off Route 276 and Maloney Road; he identified the parcel, containing 67 acres on the map they had previously submitted to the Town. The portion of the property to the northeast is presently zoned OR -10A, 25.9 acres, the portion to the northwest is 41 acres and that is zoned AI -2A. The request is to rezone the 25± acres to AI -2A -and the required documents have been submitted to the Planning Board and the Town Board. Mrs. Visconti referred to the recommendation received from the Dutchess County Planning Board and asked Mr. Railing if he was familiar with it. He was, and noted that the plans in front of the Planning Board for the proposed warehouse show compliance with every request mentioned in the County communication. The Planning Board reviewed the site plan and they are conscious of the wetlands, the location of the site, storm water discharge, etc., which Mr. Railing pointed out were concerns of the County Planning Board. It was their opinion that these should be part of the rezoning and Mrs. Visconti questioned the Zoning Administrator whether he concurred with them. He felt they were being addressed in the site plan. Mr. Incoronato read excerpts from the County Planning Board recommenda- tion regarding wetlands and felt that due to the fact that the land could change hands once it was rezoned and plans could change, the Town should place appropriate conditions on the rezoning such as keeping the wetlands undeveloped. The only way Mr. Incoronato could see it being legally done and "iron clad" was to have a deed restriction prohibiting any future development of the wetlands and this would be the only way he would consider voting for the rezoning. His second major concern would be the side and rear lot requirement which in the OR -10 acres is 200' and in the AI -2A category only has 50' and he believed that the most stringent requirement of 200' should prevail. Mr. Railing reviewed the condition, stating that the front and side set back requirments would be 2001, in the rear, it doesn't really apply since that it is well beyond the requirement. He spoke to the applicants and all verbally agreed to the conditions placed on the rezoning by Mr. Incoronato. The Supervisor noted that a recommendation had been received from the Town Planning Board in favor of the rezoning request. There were no other comments made either in favor or against the proposed rezoning. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Hearing closed at 7:15 P.M. Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on April 23, 1990, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, in the matter of a Proposed Sewer Improvement in the Town to be known as Wappinger Sewer Improvement Area #3. Supervisor Smith opened the Hearing at 6:47 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 The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mrs. Smith asked for comments from the public and/or the Town Board Members. Alberta Roe, resident of the Rockingham Farms Sewer District, asked how much money the proposed improvements would cost and the Engineer replied that this was to be improvements to Wappinger Sewer Improvement Area #1 and would not involve her district. The proposed cost is set at $494,000. Mr. Fanuele asked about the planned construction date; the Engineer noted that the Town is under an Administrative Consent Order from D.E.C. which requires the submission of plans by April 1, 1990 (this was done by his office on March 22nd) start construction by July 1, 1990, (this will start as soon as bonding is approved) and hopefully they will be able to go out to bid by June 1st, completion by November 1, 1990. There were no other comments made at the Hearing either for or against the proposed Sewer Improvement Area #3. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Hearing closed at 6:50 P.M. Uzin�Sn\od�` w Town Clerk