1989-06-05 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
JUNE 5, 1989
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES: Reg, May 1 adjourned to May 4, 1989 Spec. May 15,'89
4. REPORTS OF OFFICERS: Receipt of Supervisors Annual Report by T.C.5/2/89
Sup/Compt report for April Town Justices Zng. Adm. Rec. of Taxes
Bldg. Insp. Dog Control Officer
5. PETITIONS & COMMUNICATIONS
a. Jerome Cauda & Wm. Buche re: Ketchamtown Rd. Drainage *At
,./b. John Schouten, Ketchamtown Rd., re: losing property for several years
�c. Planning Bd. request T/Bd tprthorize Eng. to do study of drainage
problems on Ketchamtown Rd.�
—V d. Jane Michnowski re: hamlet Court 11)"4fI141'
' /e. Gorden & Frances Cline re: drainage problem on Pine Ridge Drive pa
✓ f. Mr. & Mrs. Wm Hayden re: drainage on Pine Ridge Drive ��$$
g. Roy & Betty Perkins re: drainage from their Pond into Town Culvert- 4i
Rob't Cacio re: Water problem at his home 11 Fowlerhouse Rd: it $-
i. Robert Ross - RCL Gymnastics
•✓j. Geo. Kolb, Village Lake Comm. re: efforts to obtain monies for
�/ re -vitalizing Wappingers Lake ) )51x7 - yicc,o -a"c-:
v k. Notice of Public Hearings from Town of Poughkeepsie (2) and Town
of LaGrange on Zoning Ordinance amendments
/1. NYSDOT Notice of ORDER re: installation of Traffic Signal on Rte
/ 9D at Chelsea and Baxtertown roads
H. Levenson requests permission for members of Ping. Bd. & Zng.
Bd. & himself to attend Nevele Oct.15-18, and himself to attend
Annual Conference of Bldg. Officials 9-27 thru 29th
✓ n. A. Lieberman, Art -Tex Petroleum, Inc., requests permission for
additional Water usage at Gas City Station for Car Wash operation
o. Elliot Fabri, Pres., Chelsea Homes, Inc. request opportunity to
also display ECHO !lousing Unit at Town Hall
✓p. 4 applications for Elawking and Peddling Licenses:V(1) Peter Frank
Borzi, Sr. & James Turco, Hot Dog Venders each '(2) Kingsley
Oniese.leh, Ice Cream Vendor'(3) Donald Kreitzberg, Stationary
sale of Oil Paintings
q. Chas. May re: Royal Ridge
• r. H. Levenson praises highway Dept. during heavy rains
Jay Paggi, Eng. to Town Reports: (1) Drainage at Sherwood Heights/
Parsons et al J(2) Drainage: Antonioll.i, Old Rte 9; 80 Cold Rd.;
7 & 9 Brothers Rd.; 20 Pine 11111 (Rob't Coone); & Bojman, Valley Rd.
(3) Sanitary Sewer Easement, hamlet Subd.(4) Cranberry hills Water
Supply
6. COMMITTEE REPORTS
7. RESOLUTIONS
V a. Consideration of Zoning Ordinance Amendments
b. Receipt of ORDER from Audit & Control granting permission to
establish Wappinger Pk. Water Dist., and Consider adoption of FINAL
ORDER establishing Wappinger Park Water District
plc. Authorize payment of current and future Utilities Bills for the
Schlathaus house out of Schlathaus Fund
\f d. Consider intruduction of Local Laws for. STOP signs and NO LITTERIN3
and amendment of L.L. 113 of '83 (Adding new Paragraph "E')
J e. Judge Francese requests transfer of"Personal Services" Funds from
Full Time Clerk to Part time Clerk line item
Jf. Daniel Curtin, Attny, representing F. & S. Ristorante, Inc. -
Notice of Intent to apply for Liquor License
g. Consider approval of 2 (TWO) year contract for Raymond Arnold, Town
Planner, and authorize Supervisor to sign
h. Mr. & Mrs. Benon Koibabka request return of $250 Cash Bond for
Driveway apron - w/ recommendation from Bldg. Insp. & H. Supt.
Vacancy on Recreation Commission (with 2 resumes)
j j. Vacancies on Bd. of Architectural. Review (with one resume)
• k. James Spratt, DC Dept. P.W. re: NO PARKING Zone Woodhill Green Apts.
v11. H. Levenson recommendation for 30 mph Myers Corners between All
Angels and Brothers Roads
tr
J8. UNFINISHED BUSINESS - CRUIC7 �icR4.5.. wiRC`3.
I/O Mgt./ RIM tnlFCC en1010 1410 / %met J(Ct .. Piatl ••e1vI.
(cont -6 c, 11.
103
The Regular Meeting of the Town Board of the Town of Wappinger was
held on June 5th, 1989, at the Town Hall, 20 Middlebush Road, Town of
Wappinger, Dutchess County, New York.
Supervisor Paino opened the meeting at 7:35 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Joseph E. Paggi, Jr., Engineer
John Klarl, Attorney
Herbert Levenson, Zoning Administrator
The Supervisor asked all to join in the Pledge of Allegiance to the
Flag and a moment of silent prayer for our residents.
The Minutes of the Regular Meeting of May 1st, the Adjourned May 1st
Meeting to May 4th and the Special Meeting of May 15th, 1989, having
previously been forwarded to the Board Members, were placed before them
for their consideration.
MR. REIS moved that the above stated Minutes be and they are hereby
approved, as submitted by the Town Clerk.
Seconded by Mrs. Smith
Motion Unanimously Carried
The Supervisor's Annual Report was received by the Town Clerk on
May 2, 1989; other Reports received included Supervisor/Comptroller
Town Justices, Zoning Administrator, Receiver of Taxes, all for April,
Building Inspector for April and May and Hydrant Report for May.
MR. REIS moved to accept the Reports and place them on file.
Seconded by Mr. Farina
Motion Unanimously Carried
Mr. Valdati asked that a letter be sent to George Wells, Dog Control
Office requesting that he comply with the required reports.
Petitions & Communications
A letter was received from Jerome Cauda and William Buche regarding
Ketchamtown Road drainage. Both gentlemen were present to speak to
the Board on this matter.
MRS. PAINO moved to authorize the Engineer to visit the area, review
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the situation and report to the Board.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Cauda asked that they be present when the Engineer reviews the
problems so they can show him where the water is seeping out.
Mr. Buche noted that the Engineer has been to the site to review the
problems and Mr. Paggi agreed that he had been out to these homes
at the request of Mr. Croshier, about two days after the heavy rains
and they discussed temporary relief rather than permanent solutions.
Mr. Buche commended Don McMillen for his help with the water problem
and Mr. Croshier's people pitched in and did their part so they, too
should be commended. Mr. McMillen asked to be heard and informed
the Board that there is something that has changed upstream that has
created problems in their backyards. First of all, he continued,
development has to be stopped and they have to investigate what is
causing the problem.
The next item was also on drainage relating to Mr. John Schouten's
complaint of losing a good part of his property on Ketchamtown Road.
A related matter was a request from the Planning Board for the Town
Board to authorize the Engineer to do a study of drainage problems on
this road.
MRS. PAINO moved to authorize the Engineer to do a study on drainage
on Ketchamtown Road.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Schouten was present and proceeded to inform the Board that he
was losing his property which was originally 30 acres, through no
fault of his own and he would like them to find out why. Over all
the years he has lived there, he has never seen more than 6 inches of
water on the property. Now approximately one third of the 30 acres
is totally inundated under water. He asked the Board to do what they
can to find out why the water is there and where it is coming from.
Mrs. Paino responded that that is the reason they authorized the
Engineer to study the drainage problems on Ketchamtown Road.
Jane Michnowski wrote to the Town Board regarding certain items on
Hamlet Court they feel should be corrected.
Mrs. Paino said they will have a work shop with the Highway Superin-
tendent and the residents to discuss the items of concern. The date was
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set for Thursday, June 15th, 1989 at 8:00 P.M.
Two drainage complaints from residents in the same area, Gordon &
Frances Cline, Mr. & Mrs. William Hayden, from Pine Ridge Drive.
The Engineer had checked this situation and drafted a report to the
Town on October 23, 1987 and recommended that they lower the elevation
of the existing swale across Pine Ridge Drive and increase the size
of the culvert; presently the swale is flat and the culvert does not
have a proper grade. When corrected it will allow the water to run
off. Prior to doing the work recommended the Attorney should check
into the legality of lowering and increasing the size of the road.
Mrs. Paino noted that this problem surfaced when the Town had a
different Attorney and it has now been referred to the present Attorney
for his review. There have been many drainage complaints received
not only current ones, but others that have existed for some time and
the Engineer has been authorized to compile a list of all the drainage
concerns so the Town Board can review them and priortize them. This
was started a few weeks ago but since the heavy rains have descended,
they have been inundated with drainage problems. They hope to accomplish
this within the next few weeks.
Mr. Cline was present with a sign language interpreter since his wife
had informed the Board previously that he is deaf. She read the
following statement:
My name is Gordon Cline. I reside on the corner of Pine
Ridge Drive and Thornton Place.
The water problem has been with us for a long time - water
runs from the top of the hill (Pine Ridge Dr. & Dorothy Lane).
The water pools up at my property.
We need a storm drain between Haydens property and ours to
catch the water before it enters my property. The existing
culvert pipe south of me needs to be lowered to accomodate
run-off and the ditch needs cleaning out. Years ago this
ditch was cleaned frequently but not anymore.
I've been in touch with the Town Supervisor and an Engineer
came out and made recommendations - the Town Lawyer was
asked to check the legal end, that was May 1987 - I haven't
heard from anyone since.
I have pictures to show you. I also want to know if you would
put drain deep enough so I could pump my cellar water to it.
I wouldn't have to worry about power failure when I'm not
home. I see that McCoulough Terrace has deep drains.
Mrs. Hayden is working tonite. She asked me to give you
pictures. You have her letter.
Roy & Betty Perkins wrote to the Board regarding drainage from their
pond to the Town culvert, requesting that the Engineer check the
spillways to see if they are adequate to handle the water they are
getting from Brook Place.
MRS. PAINO moved to authorize the Engineer to study this drainage
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situation.
Seconded by Mrs. Smith
Motion Unanimously Carried
Robert Cacio, 11 South Fowlerhouse Road wrote to the Board appealing
for help with a wet basement due to a stream that runs under the
road from a northerly direction between #9 and #11. He has spent
much money, time and effort to alleviate the problem, but has not
been successful. Now that he is a senior citizen, the extra funds
are not available to pursue the problem.
MRS. PAINO moved to authorize the Engineer to study this drainage
situation.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Cacio was present and noted that it is not only his house that
is affected, there are four other homes on the south side of Fowlerhouse
Road that have this problem. They are still pumping their cellars.
The next item on the Agenda was a request from Richard Ross, Coach
of the R.C. Ketcham Girls Gymnastic Team, to speak to the Board.
Mr. Ross thanked Mrs. Paino and Mr. Reis for their time, effort and
friendship in helping the team to go to China. Mr. Ross then read a
paper relative to the work the team did prior to their trip to China
and the time and effort they put into their workouts for the anticipated
China competition. He continued his statement on the experience they
had, how proud they all are of them, and how they are now sharing these
experiences. Since there was a controversy between our Board Members
at the last meeting regarding the donation of $2,000 to the team from
the Town of Wappinger, this subject was well publicized and Mr. Ross
noted that they did not feel this team should be subjected to the
publicity of a donation to them. The parents, team members and others
in the community have put in money to give back the $2,000 donated by
the Town of Wappinger for the team's trip to China. They feel that
if all the Board Members were not in agreement to donate this money
they are sorry to have been a cause of a political fiasco. Words have
been written of the misuse of Town Funds, but little thought has been
given about the misuse of the R. C. Ketcham Gymnastic Team.
MRS. PAINO moved that the R. C. Ketcham Gymnastic Team be allowed to
keep the $2,000 the Town of Wappinger donated to them.
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Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Paino requested a Roll Call Vote on this motion and although
all voted in favor, each Board Member had a statement with their
Aye vote. At first Mr. Farina abstained pending a legal opinion,
however, Mrs. Paino asked for the opinion from Mr. Klarl stating that
they have had one on numerous occasions. Mr. Klarl read an opinion
from Attorney Thomas Wood dated March 23, 1989, relative to a $2,000
donation to the Gymnastic Team for their trip to China ---
"The Town Board has the authority to budget funds and to
expend funds in the sponsorship of recreational activities
which are open to all the residents of the Town. Should the
Board determine that this program originally was open and
available to the residents of the Town of Wappinger, then it
would be my opinion that the Town Board could authorize an
expenditure of $2,000 to support this activity".
Mr. Farina objected because the issue was not the money being donated,
it was the fact that there was no Town Board action. The motion on
the floor constitutes action to give them the $2,000 check; previously
they did not have such a motion. Based on the fact that it was open to
Town of Wappinger residents and it is now a Town Board action, he voted
Aye. Mrs. Paino countered that there was no misrepresentation, as Mr.
Farina insinuated, since Mr. Wood had indicated to her that there was
no resolution required, they could take the funds out of the recreation
account and if they fell short later on in the year and they had to
make a transfer, then they would need a resolution. The chances that
the account would be short were small, since it was a low amount in
relationship to the rest of the recreation budget. Mrs. Smith reiterated
her statement made at a previous meeting that the Board never did have
formal action on this matter, they discussed it at a work shdp and she
told this to Mr. Ross after he had received the check; she also told him
to make his own decision as to keeping the check, it was entirely up to
him. She has always worked with Mr. Ross and helped as much as she
could with his Gym Team and she has no problem giving the young girls
this donation and voted Aye. Mr. Valdati wished to clarify that this
action required no formal Town Boardresolution and the Attorney confirmed
that as long as they satisfied the requirement of the program being open
to Town residents and the funds are expended from the recreation budget.
After hearing this opinion, Mr. Valdati felt it was wonderful that the
girls could enjoy the benefits and the donation is made above board and
legal according to the Counsel then he has no problem in dealing with this.
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and he's gratified that the students are not in China at this time.
He voted Aye.
Mrs. Smith asked the Attorney does this mean that any non-profit can
be eligible for funds from the Town. Mr. Klarl responded that it did
not mean just any non-profit organization; it had to be a recreational
activity open to all Town residents and the funds had to come from
the recreation budget. Mrs. Smith noted that the Junior Grange would
qualify for such funds, as would the 4H Club.
Mrs. Paino voted Aye and returned the check to Mr. Ross.
June Visconti was recognized by the Chair and first requested to
confirm a statement made previously by the Attorney to the effect that
the program had to be open to all Town residents and upon receiving an
affirmative response, stated that she is a Town resident in the Arlington
School District and the program was not open to her.
A letter was received from George Kolb, Chairman of the Village Lake
Committee relating to a fine that the Town will have to pay under orders
from the New York State Department of Environmental Conservation regarding
violations at the Oakwood Knolls Sewer Treatment Plant. The total amount
of the fine is $12,500 as a result of years of non-compliance with the
SPDES permit requirements. In lieu of this amount the Town is allowed
to allocate at least $10,000 to a study relating to aquatic life. The
proposal submitted by the Village Lake Committee could be eligible to
be the recipient of this money for studies of the Wappinger Lake if it
proves to be acceptable by the D.E.C.
MRS. PAINO moved to forward the report from the Village of Wappingers
Falls Lake Committee to the Department of Environmental Conservation
requesting their opinion on the Town utilizing $10,000 on the study
submitted by the Committee.
Seconded by Mrs. Smith
Motion Unanimously Carried
It was also requested that Mr. Kolb be copied on the correspondence.
Notices of Public Hearing were received from the Towns of Poughkeepsie
and LaGrange on an Amendment to the Zoning Ordinance and a proposed
Local Law Amending the Code for LaGrange.
MRS. SMITH moved to receive the Notices and place them on file.
Seconded by Mr. Farina
Motion Unanimously Carried
109
A Notice of Order was received from the New York State Department
of Transportation regarding the installation of a Traffic Light at
the intersections of Route 9D at Baxtertown - Chelsea Roads.
MR. REIS moved to accept the Notice of Order and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
Memos were received from Mr. Levenson, Zoning Administrator for
permission for Planning Board and Zoning Board Members and for him
to attend the New York Planning Federation from October 15th thru the
18th at the Nevele Country Club; his request was for time only, no cost
to the Town; he also requested permission to attend the New York State
Building Officials Conference from September 27th thru the 29th which
required a two day Registration Fee plus lunch.
MRS. SMITH moved to grant permission for the respective Boards and the
Zoning Administrator to attend the conferences, as requested, and all
legitimate expenses plus mileage of $.24 per mile will be a Town charge.
Seconded by Mr. Reis
Motion Unanimously Carried
Arthur Lieberman, President of ARt-Tex Petroleum, Inc. wrote to the
Board requesting permission for the usage of additional water at Gas
City station located at the corner of Myers Corners Road and DeGarmo
HIlls Road. This was the anticipated increase for a proposed car wash
at that site.
At the Supervisor's invitation, Mary Scriver asked the Board to take a
long hard look at tapping into their water supply. They haven't been
able to wash their own cars due to a water ban. Mrs. Paino announced
that the ban was lifted and they could wash their cars, at least for
awhile until it should become necessary to put it back on again.
The letter from Mr. Lieberman was read by the Supervisor ----
"This letter is to request permission for the usage of
additional water at our Gas City station located at the
corner of Myers Corners Road and DeGarmo Hills Road. The
initial gallonage requirement for the start-up of the car
wash is 1200 gallons and as stated in the engineers report
(see copy enclosed) the maximum possible water usage would
be 455 gallons per day, which would be a 375 gallon increase
over present consumption. The estimated typical day would
result in a water usage of 140 gallons, or only an increase
of 60 gallons per day over our present daily consumption".
110
Mr. Farina pointed out that Mr. Lieberman's Engineer stated in his
report to the Health Department that the actual usage of water would
be one gallon per car, which is less water than homeowners use to wash
the car in their driveways. Mr. Paggi explained that the system
proposed is a zero discharge, the 1200 gallons is the start up to
fill the tanks, from there on everything is recycled. Water is lost
through evaporation and dripping when washing a car and that is the
1 to 2 gallons per car that would be lost and would have to be made up.
Mr. Lieberman received approval from the Health Department based on that
assumption, that the recycle system never fails; if at some point in
time the recycle system breaks down, then Mr. Lieberman is shut down.
Fred Schubert, DeGarmo Hills Road, asked who would monitor the car
wash operation and Mr. Paggi responded that the Health Department may
stipulate that he submit his water records which will show if there is
any drastic change in water usage; it could also be monitored at the
Town level through the Water Department and the Zoning Administrator's
Office. There was also concern of water freeze ups on the road from
dripping departing cars, however the system supposedly provides for
the car to dry before leaving and two heaters will be part of the
operation.
Mike Hirkala addressed the original request on the additional water
usage and asked how they were going to handle the refill for the
system. Will it be trucked in or will it come from CWWIA? He is a
member of the Zoning Board of Appeals and what they done in the past
is told the applicant to truck in the initial fill and subsequent fills,
however daily usage can be drawn from the Town supply.
MRS. PAINO moved to forward a letter to Arthur Lieberman informing
him that the initial fill and subsequent refills for the proposed car
wash be trucked in to the site and normal everyday usage of water may
be taken from CWWIA.
Seconded by Mr. Farina
Motion Unanimously Carried
It was requested that the County Health Department be copied on this
communication to Mr. Lieberman.
111
Elliot Fabri, President of Chelsea Homes, Inc. wrote to the Town
Board requesting to display their product line (ECHO housing unit)
at the Town Hall if this opportunity is going to be made available
to other manufacturers.
Mrs. Paino noted that the Board would be looking at all the ECHO units
that are available and pick the ones that is the most attractive and
least expensive to the Town.
MRS. PAINO moved to receive the correspondence and place it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
Four applications were received for Peddling Licenses: Peter Borzi
and James Turco, applied to sell hot dogs, Kingsley Onieseleh, ice
cream vendor and Donald Kreitzberg, Stationary sale of Oil Paintings.
These were referred to the Zoning Administrator for his review and
recommendation and in regard to the hot dog vendors he stated that
the problem was with the requirement to move 1,000 yards every
thirty minutes, also the parking on the roadside would create a
hazard with people pulling on or off the roads at the point where the
vendor is parked. He recommended denial. In the matter of the ice
cream vendor if he plans to stop and make his sales like they used to
do, then move on to other streets, he had no problem with that; Mr.
Kreitzberg wants a fixed location on private property to sell his oil
paintings and this will require an application by the owner of the
property to the Planning Board for an amended site plan.
MR. VALDATI moved to deny a Peddler's License to Peter Borzi and
James Turco, based on the Zoning Administrator's recommendattion.
Seconded by Mrs. Smith
Motion Unanimously Carried
MR. VALDATI moved to defer action on a Peddler's License for Kingsley
Onieseleh pending clarification of his method of peddling the ice
cream and whether it will cause problems on the road.
Seconded by Mr. Farina
Motion Unanimously Carried
MR. REIS moved to deny a Peddler's License to Donald Kreitzberg for the
sale of oil paintings, based on the recommendation of the Zoning
Administrator.
Seconded by Mrs. Smith
Motion Unanimously Carried
112
Correspondence was received from Charles May regarding the extension
of the Royal Ridge Sewer lines. Mr. Paggi requested that Mr. May
keep the Town Board up to date on this matter since he is in the
process of extending the Sewer District to advance further north.
MRS. PAINO moved to accept the correspondence and place it on file.
Seconded by Mrs. Smith
Motion Unanimously Carried
Mrs. Snowden noted that Mr. May had intended to be at the meeting
but his plans changed and the matter was to have been removed from
the agenda.
A Memo was received from Mr. Levenson commending the Highway Department
on their cooperation with his office during the recent heavy rainstorms.
This correspondence was forwarded to Mr. Croshier so he could share it
with his men.
MRS. SMITH moved to file this correspondence and send a letter of
thanks to Mr. Croshier and the Highway Department for their cooperation
and participation during the heavy rains.
Seconded by Mrs. Paino
Motion Unanimously Carried
Several reports were received from the Engineer regarding drainage
problems; the first referenced Sherwood Heights/Parsons Drainage.
This was discussed at a work shop and as a result Mr. Paggi made a
request to the County Department of Public Works regarding the
capacity of their storm drain pipe system on All Angels Hill Road.
When he receives a response from the County he will formulate a
report for the design of that system along with the associated
construction costs.
Rose Lutri, resident of the original Sherwood Heights, said she was
never informed of the first meeting regarding the drainage problem
they have in that area and wants to be included in the drainage study
that the Engineer will do. 143 All Angels Hill Road
John Eilert, 34 Sherwood Heights, would like to be informed of what's
going on relating to his neighborhood.
The second report, Antoniolli Drainage, Old Route 9, an ongoing
problem, back to the early 70's. The D.O.T. is presently constructing
on Route 9 and will be installing a new culvert in that area, south of
Pizza Hut. Mr. Paggi met with representative of the D.O.T. at that area
113
and had the contractor relieve the backup of water temporarily. They
should get some relief this year when the state plans to do the work.
Mendel property, 80 Gold Road, 2 catch basins in fron of their
property, the one on the east side has a 4" pipe that picked up some
runoff, now during the heavy rains instead of picking it up, the
discharge is going on their property. The Mendels would like to
plug it up and he did not foresee any problems, however he wanted to
check with Ken Croshier and make sure he had no objection.
7 & 9 Brothers Road, work shop held, report on cost of lowering the
storm drain system; 20 Pine Hill Drive, Robert Colone, two swales
and culvert that are overgrown, they need to be cleaned out and
lowered and a new driveway culvert installed. This could be done by
the Highway Department; Bojman on Valley Road, the notice to bidders
will be in the paper this week, bids will be open on June 21st and work
should be completed on or about July 15th of this year. On sanitary
sewer Easement, Hamlet Subdivision, Mr. Paggi received a call from a
resident regarding the status of the proposed work regarding the
stability of the slope in the rear of 17 and 18 Hamlet Court. This
was felt to be necessary to protect the sanitary sewer lines. The
roads were accepted conditioned upon additional work being completed
and nothing has been done since that action. Cranberry Hills Water
Supply report from Mr. Paggi mentioned that there are concerns that
should be looked at in the near future.
Committee Reports ---
Mr. Valdati, Safety, at the last Board meeting he requested that a
letter be forwarded to the County Department of Public Works regarding
a hazardous condition on the corner of Middlebush Road and Old Route 9.
No response has been received and he recommended that a second letter
be directed to that department.
In regard to Mr. Buche on Ketchamtown Road that is also a potential
hazard in the making when water floods there as it is a very blind
turn and even warning signs are not effective. He felt maybe Mr.
Croshier could use an alternate method, maybe alerting motorists that
there is water on the road. Both Mr. Buche and Mr. Cauda have informed
him that there has been an accident at that location recently. It could
be a potential liability to the Town and people could get hurt.
Mr. Farina, Sewer, reported on work shop with Camo Pollution Control
114
regarding problems at the sewer plants due to recent heavy rains. The
operators recommended that the Town expedite whatever items they can
to reduce some of the inflow. Mr. Paggi noted that he had submitted
reports back in '87 regarding the reduction of infiltration and inflow
and they had pinpointed two areas where the amounts could be reduced,
both in WSIA#1 and Rockingham; one location was on Kent Road between
Lake Oniad Drive and Myers Corners Road and in Rockingham the last
easement just east of the soccer field should be looked at.
Mrs. Smith reported on an Airport meeting and discussed the County
budget cut of $56,000. They were fortunate they did not use ice
control so they did not have to make purchases for that. They have
cut renovations but will be still be doing some, plus upgrading the
lights and stripe painting.
Mrs. Paino reported that she has been receiving a vast number of
phone calls at the office and at home regarding the lack of mosquito
control. She explained that the County has always had a Mosquito
Control Program and used to automatically spray all areas, but in
recent years, the residents had to call and request spraying due to
objection by some of the chemicals being used. The County Executive
has recently asked that monies be cut from this Program in an effort
to reduce the budget. It was her understanding that there were some
County Legislators who were considering taking action to put all or at
least some of the monies originally allocated to that Program, back
into the budget.
MRS. PAINO moved to request the Dutchess County Legislators to
reinstate the monies into the County Budget for the Mosquito Control
Program.
Seconded by Mr. Farina
Motion Unanimously Carried
Sandy Goldberg, Wappinger County Legislator was present and invited
to speak to the public on matters of interest to them. She stated
that she "itched", too and noted that the multitude of mosquitoes that
have descended upon us could be a health problem. There is a resolution
coming before the Legislators to put $50,000 back into the budget for
the Mosquito Control Program and as long as it is not too late for the
control, she will support it. It would not be her intent to put money
in uselessly and waste it.
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Mrs. Goldberg spoke briefly on the SEQRA process presently in
motion regarding the Airport Obstruction Removal Project. The
process will remain open during the summer and she wished to alert
the residents to this fact as they will be able to comment on the
matter.
Gordon Hirt, Wappinger County Legislator spoke on Mobil Home Owners
Rights and County acquisision of equipment for fire control. He spoke
also of the Mosquito Control Program and mentioned that the original
budget was for $100,000 and they are looking to reinstate $50,000
for the Program. He will cosponsor the resolution when it comes
before them.
Don McMillen, Wappinger County Legislator, felt that it was an
unnecessary cut when they made the cut for the Mosquito Control
Program. They have beautiful equipment sitting in the County Garage
doing nothing. The spraying at this point will be only to pacify the
residents, it will not have much effect, it's too late for that.
Control is most effective during February and March since at that
time the larva can be killed thus eliminating many of the adult
insects. On another matter he informed Mr. Valdati that he has been
in contact with the County Highway and there is a work order in motion
to correct the problem mentioned by Mr. Valdati at Old Route 9 and
Middlebush Road.
Resolutions ---
A Public Hearing having been held on Zoning Ordinance Amendments,
the matter was placed before the Board for their consideration.
MRS. PAINO moved to table action on this matter pending review of
pertinent correspondence and Minutes of the Public Hearing.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Snowden noted that she had received the ORDER from New York
State Audit and Control granting permission to the Town to establish
the Wappinger Park Water District. Consideration of adoption of the
Final Order Establishing the Wappinger Park Water District was placed
before the Board.
MRS. PAINO moved to adopt the ORDER as follows:
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IN THE MATTER OF THE
ESTABLISHMENT OF THE
WAPPINGER PARK WATER DISTRICT
IN THE TOWN OF WAPPINGER,
COUNTY OF DUTCHESS, NEW YORK
A Resolution having been duly adopted by the Town Board of the
Town of Wappinger on August 14, 1988, directing the Town Engineer
to supervise the preparation of a Map, Plan, and Report for providing
the facilities, improvements or services in a portion of the Town of
Wappinger, wherein a Water District, hereinafter described, was
proposed to be established and said Map, Plan and Report having been
duly filed in the Office of the Town Clerk, and an Order having been
duly adopted by said Town Board on August 15, 1988, reciting the
description of the boundaries of the proposed district, the maximum
amount proposed to be expended for the improvement, proposed method
of financing to be employed, the fact that a Plan, Map and Report
describing the same are on file in the Town Clerk's Office for public
inspection, and specifying that said Town Board will meet at the
Town Hall, at 20 Middlebush Road, Wappingers Falls, New York on the
8th day of September, 1988, for the purpose of conducting a Public
Hearing on such proposal to establish the Water District with the
specified improvements, and to hear all persons interested in the
subject thereof, concerning the same, and a Hearing having been
duly held by said Board at such time and place, and it having been
duly resolved and determined following such Hearing, on December 5,
1988, that the Notice of Hearing was published and posted as
required by law, and otherwise sufficient, that all the property
and property owners within the proposed district were benefitted
thereby, that all property and property owners benefitted were included
within the limits of the proposed district, and that it was in the
public interest to grant and hold the relief sought, and it having
been then and there further duly resolved that the establishment of
such district as proposed be approved, subject to permissive referendum
in the manner provided in Article 7 of the Town Law, and a Certificate
of the Town Clerk having been filed pursuant to subdivision 4 of
Section 209 (e) of the Town Law, certifying that no Petition was
filed requesting such a referendum and application having been
thereafter and on December 8, 1988, duly made in duplicate to the
State Department of Audit & Control at Albany, New York for permission
to create such District, as more fully provided for by Town Law Section
2090F and the State Comptroller having made an Order in duplicate, dated
May 16, 1989, granting permission for the creation of the District in
all respects as petitioned for and approved by the Town Board as
aforesaid; and one copy of such Order having been duly filed in the
Office of the State Department of Audit & Control at Albany, New York,
and the other in the Office of the Town Clerk of this Town and the
Town Clerk having duly presented such Order to this Board at this
meeting, being its first meeting held after said Order was filed
with her; it is hereby
ORDERED, that a Water District be established in the said Town
of Wappinger, Dutchess County, New York, as described in the Order
of the State Comptroller to be designated as THE WAPPINGER PARK
WATER DISTRICT OF THE TOWN OF WAPPINGER, and to be of the following
description and boundaries (as described in Schedule A annexed hereto)
and it is further
ORDERED that the following improvements in said District be
constructed upon the required funds being made available or provided
for (See Schedule B annexed hereto), and it is further
ORDERED that the proposed improvements including the cost of
rights-of-way, construction costs, legal fees and other expenses shall
be financed by the authorization by the Town Board of a Bond and in
an amount not to exceed TWO HUNDRED THOUSAND ONE HUNDRED EIGHTY EIGHT
DOLLARS ($200,188.00) and it is further
ORDERED that the Town Clerk of the Town of Wappinger is hereby
authorized and directed to cause a certified copy of this Order to
be duly recorded in the Office of the Clerk of Dutchess County, in
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which the Town of Wappinger is located, within ten days after the
adoption of this Order, and it is further
ORDERED that the Town Clerk is hereby authorized and directed
to file a certified copy of this Order in the Office of the State
Department of Audit and Control, Albany, New York within ten days
after the adoption of this Order.
Seconded by: Mr. Valdati
Roll Call Vote: 5 Ayes 0 Nays
The Recreation Commission forwarded correspondence to the Town Board
requesting authorization to pay current and future utility bills for
the Schlathaus house out of the Schlathaus Fund.
MR. VALDATI moved to grant permission to the Recreation Commission
to pay the utility bills for the Schlathaus property out of that
fund, as requested by them.
Seconded by Mr. Farina
Motion Unanimously Carried
Mr. Farina reminded the Board that they had to look at this situation
again as these expenses should be included in the Recreation budget.
The following proposed Local Law was introduced by COUNCILMAN REIS:
A LOCAL LAW REGULATING TRAFFIC
IN THE TOWN OF WAPPINGER
Section 1. Legislative Intent
The Town Board has received recommendations from the Highway
Superintendent with respect to providing for full stops for vehicles
travelling on certain roads within the Town to come to a full stop
when entering into certain intersections. The Town Board having
reviewed these matters, has determined that in the interest of the
public health, welfare and safety of the people of the Town of
Wappinger, that stop signs should be erected.
Section 2. Full Stop Streets
The following roads and highways are hereby designated as full
stop streets and intersections, and all vehicles shall observe any
posted stop sign at the intersection hereinafter described before
entering the intersecting street:
Smithtown Road at its intersection with Cooper Road
Cooper Road at its intersection with Old Route 9
New Road at its intersection with Old Route 9 and
Stagedoor Road at its intersection onto Old Route 9.
Section 3. Fines
Any vehicle failing to observe the stop signs above described
shall be subject to prosecution for violation of this Local Law
and shall be subject to punishment of a fine not to exceed $50.00.
A violation of this Local Law shall be deemed a trafficinfraction.
Section 4. Effective Date
This Local Law shall become effective upon its filing with the
Secretary of State.
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The following resolution was offered by COUNCILMAN REIS
who moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 5th day of June, 1989, a
proposed Local Law Regulating Traffic Within the Town of Wappinger
and,
WHEREAS, the provisions of the Municipal Home Rule Law required
that no local law shall be passed by the Legislative Body of the
Town until a Public Hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 17th
day of July, 1989 at 7:25 P.M. on such day at the Town Hall,
20 Middlebush Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due
posting thereof upon the bulletin board maintained by said Town
Clerk in the Town Hall and by publishing such notice at least
once in the official newspaper of the Town of Wappinger.
Seconded by: Mr. Valdati
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by MRS. PAINO:
LOCAL LAW CONTROLLING LITTERING AND
REGULATING STORAGE OF GARBAGE & REFUSE
Section 1. Purpose
The purpose of this Local Law shall be to protect and promote
the health, safety, and welfare of the people of the Town of Wappinger
by controlling littering and regulating the storage of garbage and
refuse within the Town of Wappinger.
Section 2. Definitions
For the purpose of this Local Law, the following words, phrases
and terms and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present tense
include the future, words used in the plural number include the singular,
words used in the singular number include the plural and words in the
masculine include the feminine. The word "shall" is always mandatory
and not merely directory.
AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection
receptacle of steel, aluminum or plastic of ten (10) to thirty
(30) gallons' capacity with tight cover, or larger steel
container with closed lid.
GARBAGE. Putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
LITTER. Garbage, refuse and rubbish, as defined herein, and
all other waste materials which, if thrown or deposited as
herein prohibited, tends to create a danger to public health,
safety and welfare or tends to create blight.
PARK. A park, playground, recreation center or any other public
area in the Town, owned by the Town and devoted to active or
passive recreation.
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PERSON. Any person, firm, partneship, association,
corporation, company or organization of any kind.
PRIVATE PREMISES. Any house, building or other structure
not owned or operated by the Town, whether inhabited or
temporarily or continuously uninhabited or vacant, including
any yard, ground, parking lot, walk, driveway, porch steps,
vestibule or mailbox belonging or appurtenant to such house,
building or other structure.
PUBLIC PLACE. Any and all streets, highway rights-of-way,
sidewalks or other public ways and any and all public or
quasi -public parks, spaces, grounds and buildings, including
school grounds.
REFUSE. All putresible and nonputrescible solid wastes, except
body wastes, including garbage, rubbish, ashes, incinerator
residue, street cleaning, offal, dead animals, abandoned
automobiles and any parts thereof, agricultural wastes,
commercial wastes, industrial wastes and construction and
demolition debris.
RUBBISH. Nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as but not limited
to paper wrappings, cardboard, tin cans, wood, glass, bedding
and crockery.
TOWN. The Town of Wappinger
VEHICLE. Every device in, upon or by which any person or
property is or may be transported or drawn upon a highway or
public street.
Section 3. Littering.
A. Litter in public places, placement in receptacles.
1. No person shall throw or deposit litter in or upon any
street, highway right-of-way or other public place within the
Town, except in public receptacles or in authorized private
receptacles for collection. No person shall throw or deposit
litter in any private receptacle which he does not own without
the consent of the owner thereof.
2. Persons placing litter in public receptacles or in
authorized private receptacles shall do so in such a manner as
to prevent it from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private
property.
3. No person shall sweep into or deposit in any gutter,
street, highway right-of-way or other public place with the Town
the accumulation of litter from any building or lot or from any
public or private sidewalk or driveway.
4. No person shall sweep into, throw, deposit or cause to
be deposited in any gutter, street, highway right-of-way or other
public place within the Town any accumulation of dirt, mud, stone
or combination thereof. The owner of the property, the lessee of
property and, as the case may be, the operator of any business thereon,
including the business of building construction, shall take all steps
necessary to prevent dirt, mud and stone from being deposited in any
gutter, street, highway right-of-way or other public place by any
person,vehicle or natural means such as but not limited to erosion
and runoff from said property. Nothing contained in this subsection
shall be construed as prohibiting the use in a reasonable manner of
sand or stone for the purpose of reducing the hazard of, or providing
traction on, snow, ice or sleet.
B. Litter from vehicles.
1. No person shall throw or deposit litter from any vehicle
upon any street or other public place within the Town or upon private
property.
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2. No person shall drive or move any truck or other vehicle
within the Town unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street or other public place or private property. All
vehicles shall be properly covered pursuant to the Vehicle and
Traffic Law of the State of New York and any other laws, rules or
regulations.
C. Litter in parks, rivers and streams.
1. No person shall throw or deposit litter in any park within
the Town except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the
elements upon any part of the park or upon any street or other
public or private place. Where public receptacles are not provided,
all such litter shall be carried away from the park by the person
responsible for its presence and properly disposed of elsewhere
as provided herein.
2. No person shall throw or deposit litter in any pond, river,
stream or any other body of water in a park or elsewhere within
the Town.
D. Litter on private property.
1. No person shall throw or deposit litter on any private
property within the Town, whether owned by such person or not
and whether occupied or vacant, except that the owner or person
in control of private property may maintain authorized private
receptacles for collection in such a manner that litter will be
prevented from being carried or deposited by the elements upon
any street, highway right-of-way, sidewalk or other public place
or upon private property.
2. The owner or persons in control of private property or
any portion thereof shall at all times maintain the premises, or
that portion controlled by him, free of litter, except when stored
properly in authorized private receptacles for collection, when
such persons shall have actual notice thereof or when said litter
shall have been present a sufficient length of time to constitute
constructive notice.
Section 4. Storage or accumulation of garbage and refuse.
A. Generally
No garbage or refuse shall be stored or accumulated on any
premises within the Town of Wappinger except as permitted by this
Local Law.
B. Accumulation of garbage and refuse exempt for collection.
No person shall allow accumulation of garbage or refuse upon
the premises owned or occupied by him, except for the purpose of
being collected, and no garbage or refuse shall be burned in an
open fire or in a metal basket, can or drum in any part of the Town.
C. Required number and type of receptacles.
Every person who is an owner, lessee or occupant of any
residence, building, premises or place of business within the Town
shall provide, or cause to be provided, and at all times keep
suitable and sufficient authorized private receptacles for receiving
and containing garbage or refuse that may accumulate or be used
upon said premises. No such receptacle shall be kept near any
public place longer than may be necessary for the removal of the
contents thereof. All receptacles used for the reception of garbage
or refuse shall be provided with proper covers and such receptacles
shall at all times be securely closed and watertight.
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D. Large Receptacles.
1. No person shall maintain or cause to be maintained, on
any premises, a one and one-half (li) cubic yard or larger
receptacle for garbage or refuse, commonly known as a dumpster,
unless at all times said receptacle meets the following requirements:
(a) The receptacle owner's name must be clearly displayed
on the receptacle in lettering no smaller than four (4)
inches and no larger than six (6) inches;
(b) The receptacle must be adequately painted in a solid
color and kept free of rust;
(c) The receptacle must display reflectors or reflectorized
tape;
(d) The area around the receptacle must be kept free of
debris and spillage;
(e) The receptacle top must be closed securely except
when garbage or refuse is actually being deposited in the
receptacle; and
(f) The receptacle must be watertight and free of leakage.
2. The requirements of subparagraphs (e) and (f) above shall
not apply to receptacles which are used exclusively for the following
purposes:
(a) The storage and collection of used beverages containers
or
(b) The collection and temporary storage of construction
or demolition debris at a job site for a period not to
exceed six (6) months.
Section 5. Penalties for offenses.
Any person violating any of the provisions of this Local Law
shall be punished, upon conviction, by a fine not exceeding FIVE
HUNDRED $500.00) DOLLARS. Each day of continued violation of this
Local Law, after written notice thereof, shall constitute separate
additional violation. In addition, the Town may also institute an
action or proceeding, indlucing an injunction, to compel compliance
with or prevent violations of this Local Law.
Section 6. Severability
Should any section, paragraph, sentence, clause or phrase in
this Local Law be declared unconstitutional or invalid for any reason,
the remainder of the Local Law shall not be affected thereby and shall
remain in full force and effect, and, to this end, the provisions of
this Local Law are declared to be severable.
Section 7. When effective
This Local Law shall take effect immediately upon its filing
with the Secretary of State.
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 5th day of June 1989, a proposed
Local Law Controlling Littering and Regulating the Storage of
Garbage and Refuse, and
WHEREAS, the provisions of the Municipal Home Rule Law required
that no local law shall be passed by the Legislative Body of the Town
until a Public Hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
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1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 5th
day of June, 1989, at 7:20 P.M. on such day at the Town Hall,
20 Middlebush Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due
posting thereof upon the bulletin board maintained by said Town
Clerk in the Town Hall and by publishing such notice at least
once in the official newspaper of the Town of Wappinger.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR PAINO:
A LOCAL LAW AMENDING LOCAL LAW NO. 4
OF 1981 WHICH WAS AMENDED BY LOCAL LAW
NO. 3 OF 1983, WHICH PROVIDES FOR THE
BASIC METHOD OF ADMINISTRATION AND
ENFORCEMENT OF THE NEW YORK STATE FIRE
PREVENTION CODE IN THE TOWN OF WAPPINGER
AND SHALL ESTABLISH POWERS, DUTIES AND
RESPONSIBILITIES IN CONNECTION THEREWITH
Section 1. Legislative Intent
The Town Board deems it to be in the interest of the public
health, welfare and safety of the people of the Town of Wappinger
to, from time to time, amend the local laws of the Town providing
for the implementation of the New York State Uniform Fire Prevention
and Building Code in the Town of Wappinger.
Section 2.
Local Law No. 4 of 1981 as amended by Local Law No. 3 of 1983,
be and hereby is amended by adding to Local Law No. 4 of 1981, a
new Section E. which shall read as follows:
Section E - Gas fired cooking apparatus.
In any structure designated as a multiple
dwelling, there shall be no electrical or
charcoal burning or liquid propane gas
fired portable cooking apparatus, used or
stored inside any structure or used or stored
within 10 feet of any structure.
Section 3. Effective Date
This Local Law shall become effective immediately upon its filing
with the Secretary of State of the State of New York and its approval
by the New York State Department of State Bureau of Codes. In all
other respects, Local Law No. 4 of 1981 and Local Law No. 3 of 1983
shall remain in full force and effect and are hereby unamended, and
shall not be deemed amended in any other way.
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 5th day of June, 1989, a proposed
Local Law Amending Previous Local Laws Which Provides for the
Administration and Enforcement of the New York State Fire Prevention
Code in the Town Fire Prevention Code, and
WHEREAS, the provisions of the Municipal Home Rule Law requires
that no local law shall be passed by the Legislative Body of the Town
until a Public Hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
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1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 17th
day of July, 1989 at 7:10 P.M. on such day at the Town Hall,
20 Middlebush Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due
posting thereof upon the bulletin board maintained by said Town
Clerk in the Town Hall and by publishing such notice at least
once in the official newspaper of the Town of Wappinger.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR PAINO:
A LOCAL LAW REQUIRING CONDOMINIUM
MANAGEMENT AGENTS TO REGISTER WITH
THE TOWN OF WAPPINGER
Section 1. Legislative Intent
Whereas many of the multiple family dwellings in the Town of
Wappinger have been converted into condominium complexes, wherein
each dwelling unit is individually owned by a separate owner, and
whereas the common areas are managed by a Board of Managers who
normally contract out with Management Agents to control and
maintain the common areas, it has been determined by the Town
Board that it has become increasingly difficult to obtain
compliance with the New York State Uniform Fire Prevention and
Building Code in the common areas when violations occur, because
of the problem of communicating with the appropriate parties
responsible for the maintenance and repair of the common areas.
With this concern in mind, the Town Board deems it to be necessary
in the interests of the public health, welfare and safety of the
residents of the Town of Wappinger that certain registration
requirements be imposed upon the Board of Managers of all
condominiums located in the Town of Wappinger.
Section 2. Registration Required
Any building, or groups of buildings which are classified as
"multiple dwellings" as described in the New York State Fire Prevention
Building Code, and where each individual dwelling unit is individually
owned by a form of condominium ownership, the Board of Managers of
the common area of said complexes shall be required to register in
accordance with this Local Law and to renew their registration on
an annual basis.
Section 3. Registration Requirement
The Board of Managers of all condominiums in the Town of
Wappinger shall register with the Town of Wappinger Town Clerk and
said registration shall contain the following information to be
filed with the Town Clerk and the Town Building Inspector and
Fire Inspector:
1. the name of the Owner's Association responsible for the
repair and maintenance of common areas of buildings and grounds.
2. The name, address and telephone number of the chief officer
of the Owners' Association.
3. The name, address and telephone number of any party
responsible for the maintenance or repair of said common areas
for the name, address and telephone number of the person
designated by the Condominium Association to be responsible for
communication with said Association. It shall be the obligation
of all of the Board of managers of all Condominiums in the Town
of Wappinger to file the above information with the Town Clerk,
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Town Building Inspector and Town Fire Inspector within 30 days
of the effective date of this Local Law, and within 7 days of
any change in said information, and annually in the month of
March of every year following the effective date of this Local
Law.
Section 3.
In the event of any safety violations occurring within the
Condominium buildings or complex, the Town of Wappinger Code
Enforcement officials shall and may communicate and/or direct
orders to remedy any violations existed to the person names on
the registration form herein. Upon delivery of such notice to the
above mentioned persons it shall be deemed that the Condominium
Association has been formally served with the notice, and said
notice shall be binding upon the Condominium Association.
Section 4. Fines
Any Condominium Association which fails to register as required
herein shall be guilty of a violation and may be fined a sum not to
exceed the sum of $250.00 per violation. Each week that the alleged
failure to register shall be found to have occurred, shall be deemed
a separate and distince offense.
Section 5. Effective date
This Local Law shall take effect immediately upon its filing
with the Secretary of State of the State of New York and the Town
Clerk is hereby directed to forward a copy of said Local Law
following its adoption to the Board of Managers of all Condominium
developments in the Town of Wappinger.
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 5th day of June, 1989, a proposed
Local Law Requiring Condominium Management Agents to Register with
the Town of Wappinger, and
WHEREAS, the provisions of the Municipal Home Rule Law required
that no local law shall be passed by the Legislative Body of the
Town until a Public Hearing thereon has been held before, such body,
NOW, THEREFORE, BE IT RESOLVED,
I. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 17th day
of July, 1989 at 7:00 P.M. on such day at the Town Hall, 20 Middlebush
Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall be
given by the Town Clerk of the Town of Wappinger by the due posting
thereof upon the bulletin board maintained by said Town Clerk in
the Town Hall and by publishing such notice at least once in the
official newspaper of the Town of Wappinger.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
Judge Francese wrote to the Town Board requesting a transfer of
a portion of funds in their line item for full time clerks, which
has not yet been used this year, over to the part time clerks line
item.
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MRS. SMITH moved to authorize the transfer for the Justice Court,
as requested by Judge Francese.
Seconded by Mr. Farina
Motion Unanimously Carried
A letter was received from Daniel Curtin, Attorney representing
F & S Ristorante, Inc. notifying the Town that the corporation is
applying for a liquor license.
MR. VALDATI moved to accept the correspondence and place it on file
with no comment.
Seconded by Mr. Farina
Motion Unanimously Carried
A two year contract for Raymond Arnold, Town Planner was forwarded
to the Town Board for their approval and authorization for the
Supervisor to sign said contract.
MRS. PAINO moved to refer this contract to the Attorney for his
review as to proper form and content and table action to budget
preparation meetings.
Seconded by Mr. Farina
Motion Unanimously Carried
Mr. & Mrs. Kolibabka, 5 Hiview Road wrote to the Board requesting
the return of their $250 cash bond for a driveway apron. They also
received recommendations from the Building Inspector and the Highway
Superintendent indicating that all work has been done to their
satisfaction and the bond should be released.
MR. VALDATI moved to authorize the release of the $250.00 cash bond
to Mr. & Mrs. Kolibabka, upon the recommendation 9f the Building
Inspector and the Highway Superintendent.
Seconded by Mr. Reis
Motion Unanimously Carried
A vacancy existed on the Recreation Commission due to the expiration
of the term of Herbert Stoller. Three resumes of applicants interested
in this vacancy were received by the Board, however one has since
withdrawn his name. -
The following resolution was offered by COUNCILWOMAN SMITH who
moved its adoption:
RESOLVED, that Donald 0. Rider, Jr., is hereby appointed as
a member of the Town of Wappinger Recreation Commission to fill the
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vacancy created by the expiration of the term of Herbert Stoller, and
BE IT FURTHER RESOLVED, that the term of the said Donald O. Rider,
as a member of the Recreation Commission shall be for five years and
will expire in May of 1994.
Seconded by: Supervisor Paino
Roll Call Vote: 5 Ayes 0 Nays
Two vacancies existed on the Board of Architectural Review and one
resume was received by the Board.
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
RESOLVED that Paul Waddington be and he hereby is appointed as
a member of the Town of Wappinger Board of Architectural Review
to fill one of the vacancies created by temporary unavailability
of applicants, and
BE IT FURTHER RESOLVED, that the term of the said Paul
Waddington as a member of the Board of Architectural Review shall
expire January 1, 1990.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Paino invited any resident interested in becoming a member of
this Board to send in a resume, which the Board would consider.
Commissioner James Spratt, Dutchess County Department of Public Works
wrote to the Board regarding No Parking Signs in the vicinity of
Woodhill Green Apartments (formerly Scenic Gardens) on New Hackensack
Road. Barbara Flewelling, a resident of the apartments wrote to the
Supervisor noting that when the gate at the complex is closed (which
it is supposed to be), cars park there which creates a hazard when
there is an emergency situation,,.. Mrs. Paino asked the County to
place signs in that vicinity, however Commissioner Spratt informed
her in his communication that the County can not limit parking along
their highways, but the Town has that power through local laws.
MRS. PAINO moved to authorize the Attorney to prepare a Local Law
prohibiting parking at the stated location at the Woodhill Green
Apartments on New Hackensack Road.
Seconded by Mr. Farina
Motion Unanimously Carried
The Zoning Administrator wrote to the Board recommending that the
Board request a 30 MPH speed limit on Myers Corners Road between
All angels Hill Road and Brothers Road due to the construction of
DeGarmo Hill Plaza and possible approval of a proposed car wash at
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the gas station on Myers Corners and DeGarmo Hill Road. After
some discussion with the Board Members and the Engineer, it was
recommended that it would be more logical to change the speed limit
to Route 376, rather than go from 40 MPH to 30 MPH and back to 40 MPH.
MR. FARINA moved to request the New York State Department of
Transportation and the Dutchess County Department of Public Works to
lower the speed limit on Myers Corners Road from All Angels Hill Road
to Route 376 from 40 MPH to 30 MPH.
Seconded by Mrs. Smith
Motion Unanimously Carried
Two bids were received for the Town Clean -Up ---M & G Sanitation, Inc.
and F & S Scrap Inc. Royal Sanitation had picked up a bid at the
Town Clerk's Office but it was not brought back for the opening.
MRS. PAINO moved to award the bid to the M & G Sanitation, Inc.
Seconded by Mr. Reis
Motion Unanimously Carried
Unfinished Business ---
Mrs. Smith had a question on the bill for Jones Cleaning Service that
services the Town Hall. A year ago she asked about this company since
they were across the river and she was told they were the lowest bidder.
She has observed that the fee for their services has gone from $250 to
$300 and questioned the raise. Mrs. Paino did not know and said it
would have to be looked into; Mrs. Smith intended to do that.
Mr. Farina mentioned that the Town has addressed many drainage concerns
and last year the Engineer did investigation on the Drew Court Rock-
ingham Drainage System; both he and Mrs. Smith took a look at the
situation during the heavy rains, following that he went out with the
Highway Department and traversed the drainage system to determine
the problems, as a homeowner would look at it. Actually they know
the problem but what can they do to have the Highway Department bring
in the equipment to resolve the problem. The Engineer seemed to think
that they would be doing more harm than good in bringing in this
equipment; what it needs is a few laborers to cut down the weeds and
clean out the end of the culverts. After a discussion with Mr. Paggi,
he recommended a work shop with the Board and Mr. Farina asked him to
include Millers' who live at the residence where they discovered the
problem.
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MRS. PAINO moved to authorize the Engineer to meet with the residents
of Quiet Acres regarding a street lighting district.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Levenson, Zoning Administrator felt the public should know that
there has been an application by I.B.M. to take the jet fuel tanks
out of the ground at the airport and the Building Inspector, Fire
Inspector and himself are vehemently opposed to this because of the
population density in that area. This application has been forwarded
to approximately eighteen agencies by the Planning Board and they are
awaiting comments from these agencies.
New Business ---
Mrs. Paino noted that one of the Town employees has been called to
Jury Duty and had a question on whether or not she would be paid
for the time off from work. The Town does not have a policy on this
situation and upon checking with Attorney Thomas Wood, Mrs. Paino
learned that other Towns pay the salary of the individual while they
are on Jury Duty, however, any money earned for this service is
returned to the Town other than that given for meals and mileage.
MRS. PAINO moved to establish a Policy for those called to Jury Duty
which provides that they will be allowed to take time off from work
with pay, however the stipend pay they do receive for Jury Duty must
be turned over to the Town, but the individual may keep the mileage
and meal allowance; certification of attendance at Jury Duty must be
provided to the Town.
Seconded by Mrs. Smith
Motion Unanimously Carried
There was no other business to come before the Board.
MRS. PAINO moved to adjourn the meeting, seconded by Mrs. Smith and
unanimously carried.
The meeting adjourned at 9:30 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 6/5/89