1989-04-03 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes: Reg. March 6, 1989
4. REPORTS OF OFFICERS: Rec. of Taxes Bldg. Insp. Zng. Adm. Hydrant Report
Town Justices Recreation Annual Report Dog Control Officer Sup/Compt.
5. PETITIONS & COMMUNICATIONS
a. Corr. From Kathy Cherubini re: Commendation of heroic act of a
Neighbor
b. Corr. from Ron Lafko re: effects of Fuel Spill near Airport on Atlas
Water Supply
c. J. Paggi, Eng.to Twn report on Mr. DellaCorte's Drainage Problem
d. Rob't C. Delayo re: his extended drainage problem on Sucich Place
e. Report from J. Paggi re: acceptance of drainage easement offered
by Mario Leone (Formerly Stanley Cole)
f. J. Paggi re: placement of Stop Signs as recommended by K. Croshier
g. Response from DOT & Co. Dept. P.W. on Traffic Violations/Complaints
referred to them by Town
h. Paul Palmateer re: Extension of Water Line approximately 100' to
service his second lot
i. NYS Dept. PS re: Order of Permanent Adoption for approval of
transfer of Wappinger Park Water System to Town
j. Receipt of Declaratory Judgement in the matter of the legality
of Local Law #6 of 1981 (Tri -Municipal)
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Authorize Supervisor to sign Change Order for Central Hudson
Street Lighting Order
b. Approve Agreement with Effron & Son for Baling/Removal of Scrap
Metal
c. Approve reduction in amount for Letter of Credit for G. & S.
Properties, Inc.
d. Approve Agreement for Sr. Citizens Exercise Program & Authorize
Supervisor to sign
e. J. Railing request to give Water Service to lands of A. Roberts
with recommendation from J. Paggi, Eng. to Town
f. Accept Easement from John Montfort - Cedar Hill Rd
g. Adopt Local Law for "No Parking" on outer Perimeter Regency Drive
h. Adopt Local Law for "No Parking" on Median in Wildwood Drive
i. Resolution for Atlas Water District
j. Resolution in support of Village purchase of old Post Office Bldg.
k. Justice Court request re: Engaging Part Time Personnel and
establishing their hourly pay
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
REMINDER: 2 Public Hearings - starting at 7:15 P.M.
"NO PARKING" Local Laws -Wildwood Median and Regency Drive
66
The Regular Meeting of the Town Board of the Town of Wappinger
was held on April 3, 1989 at the Town Hall, 20 Middlebush Road,
Town of Wappinger, Dutchess County, New York.
Supervisor Paino opened the Meeting at 7:40 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Gladys Ruit, Deputy Town Clerk
Absent:
Elaine H. Snowden, Town Clerk (away on business)
Others Present:
Thomas Wood, Attorney to the Town
Joseph E. Paggi, Jr., Engineer to the Town
The Supervisor requested all to join in the Pledge of Allegiance to .
the Flag followed by a moment of silent prayer for the Town of Wappinger
and its residents.
The Minutes of the Regular Meeting of March 6, 1989, having previously
been forwarded to the Board Members, were placed before them for their
consideration.
MRS. SMITH moved that the Town Board Minutes of March 6, 1989, be and
they are hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Reis
Motion Unanimously Carried
Reports were received from the Building Inspector for the month of
February, Receiver of Taxes for February and the Annual 1988 Report
from the Recreation Commission.
MR. FARINA moved to accept the above stated Reports and place them
on file.
Seconded by Mrs. Smith
Motion Unanimously Carried
Mr. Valdati noted that the Dog Control Officer's report had not
been received.
67
Petitions & Communications ---
A letter was received from Kathy Cherubini of Sherwood Forest
requesting that her neighbor, Chris Macrillo, be nominated for an
outstanding citizen award, the reason being that Katy had an accident
involving an explosion from her gas stove, due to a leak, and Chris
came to her rescue when he heard her screams. Her doctor's report
indicated that Chris saved her from permanent disfigurement and she
felt this honorable gesture and quick action was deserving of an
official letter or certificate in recognition of Chris as an outstanding
citizen.
MRS. PAINO moved to send a letter of appreciation and recognition from
the Town Board to Chris Macrillo for his outstanding service to the
community, in particular, to his neighbor, Kathy Cherubini, in coming
to her. aid.
Seconded by Mr. Reis
Motion Unanimously Carried
Correspondence was received from Ron Lafko indicating that he had
monitored the Wappinger Creek and Atlas Wells 1 and 2 for several
days following the jet fuel spill at the Airport on February 27, 1989
and tests performed at these areas on the water were found to be
negative and confirmed the lack of contamination.
Mr. Paggi noted that he was in touch with Mr. Marlow, Dutchess County
Health Department who came to the site and tested the Creek near the
Atlas Wells and the results were negative. Both he and Mr. Lafko were
very cooperative.
MR. VALDATI moved to accept this report and place it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
A report was received from Mr. Paggi on Mr. Della Corte's complaint
re Sucich Place Drainage. He had investigated the complaint and
included the area; he reviewed the necessary work that had to be done
and estimated that the total project cost would be $68,000.00.
Mr. Della Corte was present and noted that there were four homes
in the corner affected by the problem. Mrs. Paino responded that they
were aware that it is an area problem, however, since he first addressed
the Board on this they were dealing with him primarily. She felt that
a work shop should be held with all concerned and they can then voice
their problems.
68
Correspondence was received from Mr. Paggi regarding the acceptance
of a drainage easement offered by Mario Leone (formerly Stanley Cole).
Mr. Paggi explained that the current owner of this parcel has subdivided
the property; the drainage traverses both properties and he has offered
a_ drainage easement to the Town and the owner of the other parcel.
This was at the request of the Planning Board and upon review Mr. Paggi
found it to be acceptable and recommended that the Attorney submit his
recommendation. Mr. Wood indicated that he had reviewed the easement
and found it to be in recordable form and recommended that the Town
accept said easement.
MRS. SMITH moved to accept the drainage easement offered to the Town
by Mario Leone (formerly Stanley Cole on Route 9).
Seconded by Mr. Reis
Motion Unanimously Carried
At the last meeting, our Highway Superintendent requested Stop Signs
at various intersections in the Town. Mr. Paggi reviewed these
location and reported that he had no engineering related concerns
in the placement of the signs, as requested.
MRS. PAINO moved to request the Attorney to prepare a Local Law
authorizing these Stop Signs to be placed at the intersections requested,
for consideration by the Town Board at their next meeting.
Seconded by Mr. Reis
Motion Unanimously Carried
A response was received from the New York State Department of
Transportation and the Dutchess County Department of Public Works
regarding our complaints to them of various traffic violations. These
included using private property to create a traffic lane to make a
right turn at Route 9D and Old Hopewell Road; crossing the Rt. 9
median at Osborne Hill Road which has been closed for several months;
crossing the Rt. 9 median exiting from the 7 -Eleven Store in order to
make a left turn from Rt. 9 on to Old Hopewell Road. The D.O.T.
recommended that more enforcement be used for these violations and
Mrs. Paino has forwarded this information to our Vandalism Patrol,
the Dutchess County Sheriff Department and the State Police.
A request was received from Paul Palmateer, 40 Montfort Road, to
extend his water line approximately 100' to service his second lot.
69
Mr. Paggi had investigated this request, noted that it is within
the confines of Central Wappinger Water Improvement Area and although
he had no problem with the extension to serve the proposed new lot,
he requested that the sizing of the extension and the responsibility
of the installation should be clarified.
Mrs. Paino requested that the Town Clerk's Office forward a letter
to Mr. Palmateer indicating that he clarify the length of the
extension, the responsibility of the installation and any other
information that the Attorney and the Engineer may require.
The State of New York Department of Public Service forwarded a
Notice of Order of Permanent Adoption for Approval of Transfer of
the Waterworks System of Wappinger Park Homes, Inc. to the Town of
Wappinger.
MRS. PAINO moved to accept the Order and place it on file.
Seconded by Mr,. Farina
Motion Unanimously Carried
The Town was notified that Judge Jiudice, Supreme Court, Dutchess
County, State of New York declared Local Law #6 of 1981 was illegal
and made the following declaration:
1. Local Law #6 of 1981 is void and unenforceable as violative
of the New York State Constitution and the general laws of
New York State.
2. Local Law #6 of 1981 is void and unenforceable as duly restricting
the powers of the Town Board of the Town of Wappinger.
3. Local law #6 of 1981 does not prohibit the Town Board of the Town
of Wappinger from entering into an agreement with Tri -Municipal
Sewer Commission.
MRS. PAINO moved the accept this ruling and place it on file and a
letter of thanks be sent to Vernon Smith, the Plaintiff in the case.
Seconded by Mr. Valdati
Motion Unanimously Carried
MRS. PAINO moved to authorize the Attorney and the Engineer to the Town
to move expeditiously to arrange meetings with the Tri -Municipal Sewer
Commission to negotiate the contract between them and the Town.
Seconded by Mrs. Smith
Motion Unanimously Carried
Committee Reports
70
Gordon Hirt, Wappinger County Legislator was present and Mrs. Paino
invited him to speak on County activities that may be of interest
to the Town of Wappinger. He announced that he had a few comments
on County Road 11 and Iroquois Gas Line. There was a session on the
latter at the Farm and Home Center last week and there was a great
deal of interest in the subject but it was primarily a forum for
Central Hudson. He felt it would go through in spite of anyone's
protestation. He's been getting a lot of mail from contractors (Co.Rd.11)
and interested people wishing that they would do it and an equal
amount from those that don't want it done, it cost too much money.
He thought it was about 50-50 now. He spoke briefly on the budget
and the problems they are now having with cuts; which are mandated
expenses and which ones are not.
Councilman Valdati, Safety, spoke about a depression in the road
on Old State Road and Middlebush Road by the machine shop. There's
many inches of water in this depression and it creates a hazardous
condition especially in the evening when the motorists cannot determine
that it is water they are heading into until they actually do. He
requested that a letter be directed to the Dutchess County Department
of Public Works alerting them to this situation and requesting them
to do what they can to correct it.
Councilman Reis had no reports for this meeting.
Councilman Farina, Associatirn of Towns Meeting, reported that he and
Councilwoman Smith met with an engineering firm when they attended
that meeting, whose specialty is solid waste. Since Resource Recovery
is the project of the County and they do not attend these meetings,
he and Mrs. Smith requested material to be sent to them regarding this
subject. Mrs. Smith has forwarded her packet to Mrs. Pattison and
Mr. Farina intended to pass his along to our Legislator, Gordon Hirt.
The engineering firm helped resolve the landfill problem by "This Is
Garbage" which is a building material that they use to construct their
own buildings and it reduces the landfill requirements by a significant
amount. He felt it would be interesting reading and applicable to the
County's efforts with the garbage to steam plant.
Councilman Farina, Refuse, reminded the Senior Citizens that the fee
71
for the Saturday Morning Refuse Program has been reduced beginning
April, to $1.50 per bag from $2.50 per bag due to a surplus in the
account which was explained by Mr. Farina at the last meeting.
Councilwoman Smith, Dial -a -Ride, reported as a point of information,
their fares cover 8% of their costs and 90% is subsidized. The State
is talking about dropping their assistance from 20% to 10% to
municipalities for capital transit improvements. This would greatly
affect Dutchess
garage and they
that the public
County since
would lose
call their
they have intentions of building a bus
a lot of that aid.
representatives
and
The County is requesting
ask that they leave the
aid as is and not cut it. The emphasis is being placed on calling these
representatives since there is not enough time to write.
Another item of information is that a public hearing will be held on
the proposed increase on bridge fare from 50 to 75c, on May 11, 1989,
at the Raddison Hotel.
Under Personnel, Councilwoman Smith brought to light the fact that the
Building Department is not covered through the lunch session and break
time. She wished to offer a resolution to alleviate this situation,
however Mrs. Paino interrupted her and stated that this subject should
be discussed at an executive session. She apologized to Mrs. Smith
who accepted the interruption and was very cooperative and agreed to
discuss it at another time.
Resolutions
Central Hudson Gas & Electric Corporation forwarded a Street Lighting
Change Order to the Board to make lamp changes in the Hughsonville
Lighting District.
MR. VALDATI moved to approve the Street Lighting Change Order and
authorize the Supervisor to sign the Order.
Seconded by Mr. Farina
Motion Unanimously Carried
An Agreement was received from Charles Effron & Son for the disposal
of scrap metal at $400 per trailer load.
MR. FARINA moved to approve the Agreement with Charles Effron & Son
and authorize the Supervisor to sign said Agreement.
Seconded by Mrs. Smith
Motion Unanimously Carried
72
A reduced Letter of Credit was received from the Mid -Hudson Savings
Bank for the account of G and S Properties, Inc., for completion of
work on the Lookout Point Subdivision. The Engineer had calculated
the construction value of the work completed and inspected by his
office and arrived at the amount of $135,640.00. (Letter of Credit
set at $137,000). The Attorney stated that it required a Public
Hearing by the Planning Board with a recommendation to reduce the
bond before the Town Board can approve the reduction.
MRS. PAINO moved to refer the Letter of Credit to the Planning Board
for Public Hearing and recommendation to the Town Board.
Seconded by Mr. Valdati
Motion Unanimously Carried
An Agreement with the Dutchess County Senior Citizen Association
for an Exercise Program from January 1, 1989 to June 25, 1990 was
brought before the Board for their approval. Mrs. Paino explained
it was for the Village Seniors and since they do pay taxes to the
Town it was felt they should do something for them. The Program is
being conducted at the Zion Episcopal Church in the Village of
Wappingers Falls. Mrs. Paino also noted that the monies for our
contribution to this Program are included in the 1989 budget.
MR. REIS moved to approve the Agreement with the Dutchess County
Senior Citizen Association and authorize the Supervisor to sign the
Agreement.
Seconded by Mrs. Smith
Motion Unanimously Carried
At the last meeting a request was received from Jack Railing for
water service from Central Wappinger Water Improvement Area for a
parcel on Schueleft.Lands of Albert Robert. The action was tabled
pending a recommendation from the Engineer, since received and stating
that he had no problem with this hookup.
MRS. SMITH moved to allow the water service for the parcel on Schuele
Drive, at the recommendation of the Engineer.
Seconded by Mr. Farina
Motion Unanimously Carried
73
A letter was received from Albert Roberts, Attorney for John
Montfort, Cedar Hill Road, indicating that a deed had been executed
in favor of the Town for a certain portion of Mr. Montfort's premises
along Cedar Hill Road. Mr. Roberts said they were having the property
appraised for tax purposes and requested that the Town Board accept
the property as a donation and a resolution of acceptance be
contained in the Town Board minutes. The Engineer was in receipt of
the description of the parcel and found it to be accurate in metes
and bounds. Mr. Wood noted that there were two conditions placed on
the acceptance; the first was that we provide him with a letter as to
value, and the second was that we pay the Attorney's fee of $250.00.
Without an appraisal amount we cannot provide him with a letter of
value and it was his recommendation that if Mr. Montfort is deeding
this to the Town, he's getting the road improvement in that area
without paying any fees, and he's also getting a tax write-off,
therefore the Town should not be paying any fee.
MRS. PAINO moved that the Town not incur the cost of $250.00 for
the Attorney's fees in the matter of Mr. Montfort deeding a strip to
parcel to the Town.
Seconded by Mr. Reis
Roll Call Vote: 3 Ayes Mrs. Smith ---Nay, Mr. Farina ---Nay
Motion Carried
MRS. PAINO moved to authorize the Attorney to the Town to negotiate
and resolve the appraisal issue with the Attorney for Mr. Montfort.
Seconded by Mr. Valdati
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on a proposed
Local law regulating parking on Regency Drive, the matter was
placed before them for their consideration.
MR. VALDATI moved to adopt Local Law #3 of 1989 as follows:
LOCAL LAW REGULATING PARKING
ON REGENCY DRIVE IN THE TOWN
OF WAPPINGER
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Legislative Intent
It is the intention of the Town Board of the Town of Wappinger
in the interest of the public health, welfare and safety of the
people of the Town of Wappinger to restrict parking on certain
parts of Regency Drive in the Town of Wappinger, so as to prevent
74
any obstruction to the normal and regular flow of traffic along
Regency Drive.
SECTION 2. Parking Restricted
There shall be No Parking along the most southerly, most
easterly and most northerly outer perimeter of Regency Drive in
the Town of Wappinger.
SECTION 3. Signs
The Highway Superintendent of the Town of Wappinger is hereby
directed to install appropriate signs indicating that there shall
be No Parking in the designated area.
SECTION 4. Violations
The owner of any vehicle is found to be parked in a "No Parking"
zone as enumerated above, shall be guilty of a violation and shall
be subject to a fine in a sum not to exceed $50.00.
SECTION 5. Effective Date
This Law shall take effect immediately upon the filing with
the Secretary of State of the State of New York.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
A Public Hearing was held by the Town Board on April 3, 1989, on a
proposed Local Law regulating parking on Wildwood Drive, and the
matter was placed before them for their consideration.
MR. FARINA moved to adopt Local Law #4 of 1989 as follows:
LOCAL LAW REGULATING PARKING
ON WILDWOOD DRIVE IN THE TOWN
OF WAPPINGER
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1 Legislative Intent
It is the intention of the Town Board of the Town of Wappinger
in the interest of the public health, welfare and safety of the
people of the Town of Wappinger to restrict parking on certain
parts of Wildwood Drive in the Town of Wappinger, so as to prevent
any obstruction to the normal and regular flow of traffic along
Wildwood Drive.
SECTION 2. Parking Restricted
There shall be No Parking on the median separating the lanes
of travel on Wildwood Drive in the Town of Wappinger.
SECTION 3. Signs
The Highway Superintendent of the Town of Wappinger is hereby
directed to install appropriate signs indicating that there shall
be No Parking in the designated.
SECTION 4. Violations
The owner of any vehicle which is found to be parked in a
"No Parking" zone as enumerated above, shall be guilty of a violation
and shall be subject to a fine in a sum not to exceed $50.00.
75
SECTION 5. Effective Date
This Law shall take effect immediately upon the filing with
the Secretary of State of the State of New York.
Seconded by: Mr. Valdati
Roll Call Vote: 5 Ayes 0 Nays
Mr. Valdati added that it is the perogative of the Town Board to
review this Law at a future time and recall it if it does not deem the
best interests of the community.
Mrs. Smith added that she felt the residents of Wildwood would like to
to have a work shop to discuss the problem of drivers crossing the
median, however Mrs. Paino felt it should be discussed with the Engineer
and the Highway Superintendent.
The following Resolution was offered by SUPERVISOR who moved its
adoption:
WHEREAS, the Town Board has previously authorized the Town
Engineer to study and prepare a Map, Plan and Report with respect
to the Atlas Water System and the acquisition by the Town of said
Water System, its well fields and distribution facilities, and
WHEREAS, the Town Board has now received the Engineer's Report
entitled, "Proposed North Wappinger Water District", and
WHEREAS, the Engineer to the Town has filed with the Town
Clerk, his Map showing the boundaries of the proposed District, and
a general Plan for the District, and a Report of the proposed method
of operation and financing, and that said Plan also shows the source
of the water supply, describes the land to be acquired, etc., and
WHEREAS, the Engineer to the Town has filed these plans with
the TownClerk of the Town of Wappinger, and
WHEREAS, annexed hereto and made a part hereof, is a Schedule
"A" describing the metes and bounds of the proposed District, and
WHEREAS, the maximum amount proposed to be expended on the
part of the new North Wappinger Water District shall not exceed
$350,000.00, and that said funds will be raised through the
issuance of a Municipal Bond, and
WHEREAS, the Map, Plan and Report are on file in the Town Clerk's
Office and available for public inspection, and
WHEREAS, the charges against the property owners located within
said District will be made on a benefit assessment basis, and
WHEREAS, the Town Board is the only agency involved with
improving this project, and for the purposes SEQRA will thus be the
Lead Agency, and
WHEREAS, an Environmental Assessment Form has been prepared
and is part of the Engineer's Report, and is available for public
inspection,
NOW, THEREFORE, BE IT RESOLVED that the Town Board shall
conduct a Public Hearing with respect to the proposed establishment
of the North Wappinger Water District and said Public Hearing will
be held on the 1st day of May, 1989 at 7:00 P.M., at the Town Hall,
20 Middlebush Road, Wappingers Falls, New York, and
76
BE IT FURTHER RESOLVED, that the Map, Plan and Report filed
herein shall be available for public inspection in the Office of
the Town Clerk during business days between 8:30 A.M. and 4:00 P.M.,
and
BE IT FURTHER RESOLVED, that a copy of this Order and complete
itemization of the metes and bounds description of said District
shall be published at least once in the official newspaper of the
Town not less than ten (10), no more than twenty (20) days before
the date set herein for the Public Hearing, and
BE IT FURTHER RESOLVED that the Town Clerk shall post said
Resolution and Notice of Public Hearing on the official Posting
Board of the Town of Wappinger, and
BE IT FURTHER RESOLVED that all parties interested and in being
heard on both the Environmental Assessment Form and the proposed
District Establishment, should be present at the aforementioned
date and time to be heard, and
BE IT FURTHER RESOLVED that the Town Board does hereby declare
itself to be the Lead Agency with respect to this matter pursuant to
6 NYCRR, Part 617.6.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
Mr. Paggi noted for the record that he filed his Report on said
District with the Town Clerk on March 30, 1989.
The following resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
WHEREAS, the United States Postal Service no longer uses the
old Post Office located in the Village of Wappingers Falls, and
WHEREAS, the Village officials and members of the Village
community seek to obtain possession of said building for village
and public use, and
WHEREAS, it would be in the interest of all the citizens of
the Village of Wappingers Falls, as well as the people of the Town
of Wappinger that said building be acquired by the Village, and
WHEREAS, the United States Government may be able to take
steps to allow the acquisition of these premises without cost to
the Village of Wappingers Falls,
NOW, THEREFORE BE IT RESOLVED that the Town Board of the
Town of Wappinger does hereby lend support to the proposal that
the United States Postal Service be allowed to give as a gift
to the people of Wappingers Falls the former United States Post
Office located in the Village of Wappingers Falls, and
BE IT FURTHER RESOLVED that all officials of the Town of
Wappinger are hereby encouraged to use all within their authority
and power to effectuate the conveyance of this property to the
Village of Wappingers Falls in the interests of the people of the
Townof Wappinger.
Seconded by: Supervisor Paino
Roll Call Vote: 5 Ayes 0 Nays
77
A few weeks ago, Peg O'Leary, Executive Director of Wappingers
Outreach wrote to the Board asking that they approve a resolution
giving their support of the concept of the Village of Wappingers Falls
taking over the old Village Postoffice for the sum of $1.00. Corres-
pondence was received from Congressman Hamilton Fish indicating that
although he would be very much in favor of the Village obtaining the
Postoffice, it would not be legal to give it to them for the
consideration of $1.00. Mr. Wood explained that the purpose of the
resolution is to support the Village's efforts to get the building
and normally the federal government can give its properties to local
governments without consideration, however, that law does not apply
to the postal service. Mrs. Paino added that last summer the Board
passed a similar resolution of support.
Mr. Valdati added his comments that the Village has hosted the
Postoffice for approximately forty years and that's a lot of taxes
that was not paid to the local government. Now there's a new Post -
office in the Village and this, too, represents a loss of a lot of
revenue. They have earned some consideration from the federal govern-
ment for the acquisition of the Postoffice even if it is in terms of
a reduced sales price based on years and years of taxes not paid to
the community. He then offered the resolution for adoption.
A request from the Justice Court regarding part time personnel and
establishing their hourly pay was tabled at the last meeting and
referred to a work shop meeting.
MRS. SMITH moved to allow an hourly pay of $6.50 for Yvonne Lawrence
and Cheryl Herring, part time personnel at the Town Justice Court.
Seconded by Mr. Farina
Motion Unanimously Carried
Mr. Farina noted that this matter was brought up at budget time and
the money is in the 1989 budget.
Unfinished Business
MRS. SMITH moved that the Building Inspector create a staggered
lunch and break system in his department to better serve the public.
Seconded by Mr. Farina
Roll Call Vote: 3 Ayes Mr. Reis ---Nay, Mrs. Paino---No Response
Motion Carried
78
Mr. Reis explained that his Nay vote was because he felt the Town
Board should give the courtesy to the department heads in that
department the opportunity to discuss it between themselves and with
the Town Board before a resolution is brought forward.
Mrs. Smith noted that she has had many calls from residents saying
they couldn't get the Building Department at this time of day.
Tim Classey, Building Inspector asked the Board whom is he supposedto
stagger, he has one Secretary and a Clerk who works for the Zoning
Department and the Building Department and she was hired with the
intention of not dealing with the public. There is always someone
there to take care of business, the office is 'never closed.
Mrs. Paino reiterated her statement that this is a personnel matter
and that is why she gave no response to the resolution. It was her
opinion that it was improper to discuss the matter at an open meeting.
Mrs. Smith rebutted that she had the Open Meetings Law in front of her
and the items mentioned did not apply to the resolution that was put
in front of the Board and approved. At this point Mrs. Paino asked
the Attorney for his opinion and he stated that if specific personnel
were discussed and a specific instance, they would be able to go into
executive session, however, if they are talking about setting a general
policy, that can be done by resolution.
Mr. Classey still had questions on what they were asking him to do and
were they talking about all the departments housed in that office or
just the Building Inspector's department.
Following a resident's opinion that no offices should be closed during
lunch hour or any other time during working hours, Mrs. Paino's
argument that they were not and the resolution just approved was
inaccurate and Mrs. Smith's statement to the contrary, it was agreed
that a work shop meeting would be in order to clarify the procedure
they wish followed in that office regarding staggered lunch and break
hours.
Ken Wagner, Quiet Acres, was recognized by the Chair and inquired
about the status of the petition from the residents of that area
for street lighting. This was referred to the Attorney at the last
meeting and he is checking the percentage of residents required who
are in favor of the street lighting before they can proceed. Mr. Wood
noted that he had checked with Mr. Logan, Town Assessor, and learned
that the law requires 51% of the resident's signatures to mandate action
79
by the Town Board; the petition submitted came out to about 50.3%.
Since it is so close Mr. Logan will double check the assessed values
of the entire area and a letter will then be forwarded to the Town
Board stating his opinion.
Mrs. Paino felt this required a work shop and since Mr. Wagner was
not available in April, the date was set for May 25, 1989.
A resident from Ketchamtown Road complained about the dumping on that
road which included large appliances, bed springs, etc., and asked
the Board what they were going to do about it. Most of this material
is in the area where there are No Dumping signs, he said, so don't
tell them to put up signs.
Mrs. Paino responded that she would alert the Highway Department and
ask them to clean it up, also, they intended to have a work shop next
week regarding a cleanup for the Town.
Bernice Mills brought up a matter she complained about a few months
ago which was the illegal roadway created by the Wildwood Condo and
she noted that nothing was done about it. Mr. Farina had discussed
it with the Zoning Administrator and said he would remind him of it
again.
Mr. Valdati referred to a fine levied by the D.E.C. on the Town
for the improper functioning of Wappinger Sewer Improvement Area #1,
(Oakwood Sewer Plant) in the amount of $12,000.00, but they were willing
to accept, in lieu of the fine, an environmental project of approximately
$10,000.00. He asked the Supervisor what the status of this was and
will they meet their deadline set by the D.E.C. Mr. Wood noted that
they had through the September 15th, 1989 deadline this year to come
up with a proposal for the D.E.C.'s consideration. It was Mr. Valdati's
understanding that the Village had submitted a request that we consider
a project on the Wappinger Lake involving some of the money to be
spent on studies of the Lake. Mrs. Paino said there was some
discussion on this proposal and whether the $10,000 would be enough
to do any good and that Committee, headed by Rudy Breglia, was going
to bet back to the Town to discuss it further, but noone responded.
Mr. Valdati noted that George Kolb has taken Mr. Breglia's place and
requested that this correspondence be forwarded to Mr. Kolb and
suggest that a work shop be scheduled for discussion on the use of
some or all of this money on the Lake project.
80
Charlie Cortellino reminded the Board that the contract with
U.S. Cablevision will expire next year and they should start
thinking about it . Mrs. Paino asked the Attorney to follow through
on this matter.
New Business
Mr. Farina spoke of correspondence received from James Whalen, which
came in too late for the Agenda but he was requested to bring it up.
It concerns a lot in Rockingham Farms and it was copied to the Engineer
the Highway Superintendent, Thomas Wood and the Zoning Administrator.
He has no problem with a home being built at that location (Southwest
corner of intersection of Carroll Drive and All Angels Hill Road)
but his concern is that of the piping of the creek as detailed in
the blueprint and told to him verbally. It will be fine for the
person that buys the property and builds but not for his side since
it could cause flooding; his neighbors too will be affected. He
requested that the Board look at this closely for the benefit of those
it could affect.
It was Mr. Farina's understanding that no formal application has been
made, so there are no plans to look at. It was his intent that Mr.
Whalen's letter be brought up at the meeting so he is aware that the
Board has received it.
Mrs. Smith noted that County Executive Pattison is visiting all the
municipalities in the County and asked if a date had been set with her
for our Board. Mrs. Paino replied that the Board will meet with Mrs.
Pattison in June.
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
WHEREAS, this Town Board has previously established a Wappinger
Park Water District, and
WHEREAS, the first billing in said Water District is being
mailed in April, 1989, to the customers of said District and thus
funds will not be available until the end of April, or the beginning
of May, 1989, for the payment of any of the District's bills, and
WHEREAS, the Comptroller has indicated that there are certain
bills which have been submitted which are charges against the
Wappinger Park Park Water District, and
WHEREAS, since this is a newly created District, there are no
funds available within the budget lines of this District for the
payment of these bills, and
81
WHEREAS, it would seem that it is appropriate that the Town
Board authorize the Comptroller to borrow money from a separate
Improvement District to pay the bills of the Wappinger Park Water
District until said funds can be reimbursed out of the quarterly
billings presently being made,
NOW, THEREFORE BE IT RESOLVED, that the Comptroller be and
hereby is authorized to borrow the sum of Six Thousand ($6,000)
Dollars from the Central Wappinger Water Improvement Area, and to
lend the same to the Wappinger Park Water District, and
BE IT FURTHER RESOLVED, that said Six Thousand Dollars shall
be used for the payment of bills presently due and owing by
the Wappinger Park Water District, and
BE IT FURTHER RESOLVED, .that the said Six Thousand ($6,000)
Dollars shall be repaid to the Central Wappinger Water Improvement
Area as soon as the funds are available from the proceeds of the
billings of the Wappinger Park Water District.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Paino stated that she wished the rate of interest on this loan
from CWWIA be the same that they have been enjoying prior to loaning
this money to Wappinger Park Water District.
Mrs. Paino set a Special Town Board for Thursday, April 13, 1989 at
7:30 P.M. for the sole purpose of setting a Public Hearing for
Zoning Ordinance Revisions.
There was no other business to come before the Board.
MRS. PAINO moved to adjourn the meeting, seconded by Mr. Reis and
unanimously carried.
The meeting adjourned at 8:40 P.M.
Gladys Ruit
Deputy Town Clerk
Reg. Mtg. 4/3/89
North Wappinger Water District
District Description
Beginning at a point said point being at the northeast corner
of Lot Number 1 as shown on a Map entitled "Wil'dwood Forest -
Section 2, filed Map Number 3431 and Section 2A" on file in
the Dutchess County Clerks Office as Map Number 3431, said
point also being on the southerly line of Widmer Road; thence
leaving said northeast corner and running along the
southeasterly line of said Subdivision the following courses
and distances:
South 17° 24' 00" West 131.85 feet, South 55° 55' 50" West
1,693.63 feet, South 52° 49' 10" West 717.06 feet, South
19° 10' 10" East 118.00 feet and South 56° 55' 20" West
332.29 feet to a point being the southerly most corner of
said Subdivision, said point also being the southerly corner
of Lot Number 67; thence leaving said corner and running
along the southwesterly and westerly line of said Subdivision
the following courses and distances:
North 18° 20' 50" West 647.75 feet, South 57° 35' 50" West
207.53 feet, North 31° 02' 10" East 1,738.10 feet to a point
being the northwesterly corner of the herein described
Subdivision, said point also being the northwest corner of
Lot Number 86, and said point also being on the southerly
line of said Widmer Road; thence leaving said northwesterly
corner and running along said Widmer Road to the
southwesterly corner of Lands now or formerly Rood, Liber
1074, Page 100; said point also being on the northerly line
of said Widner Road; thence leaving said southwesterly corner
and said northerly road line and running along
the -westerly line of said Rood North 30° 51' 20" East
1,229.66 feet to a point being the northwest corner of said
Rood, said point also being on the southerly line of Lot
Number 30 as shown on a Map entitled "Map of Wildwood Forest"
on file in the Dutchess County Clerks Office as Map Number
3176; thence leaving said northwesterly corner and said
southerly lot line -and running -along said line of Lot Number
30 and the westerly line of the herein described Subdivision
the following courses and distances:
South 34° 09' 30" West 25.00 feet, South 71° 07' 20" West
331.75 feet, North 73° 31' 20" West 298.56 feet, North'
04° 45' 50" East 208.60 feet, South 58° 10' 50" West 393.41
feet, North 23° 38' 00" West 169.82 feet, North 17° 58' 30"
West 238.75 feet, North 15° 29' 10" West 160.93 feet, and -
North 03° 44' 50" West 99.77 feet to a point being the
northwesterly corner of the herein described Subdivision,
said point also being the westerly corner of Lot Number 1,
and said point also being at the. southwest corner of a map
entitled "Wildwood Manor on Survey of Lafko-Alexander
Property" on file in the Dutchess County Clerks Office as Map,
Number 3107; thence leaving said common corner and running
along the westerly line of said Filed Map Number 3107
North 52° 54' 40" West 790.65 feet to a point being the
westerly corner of said Filed Map, said point also being the
southeast corner of Lands now or formerly Gunson, Liber 1355,
Page 309; thence leaving said common corner and running along
the southerly line of said Gunson and the southerly line of
Lands now or formerly Crane, Liber 1756, Page 484, and the
southerly and westerly line of Other.. Lands of Crane, Liber
1587, Page 257 the following courses and distances:
South 82° 19' 20" West 108.24, South 82° 05' 00" West 108.24
feet, South 82° 05' 00" West 134.00 and North 37° 55' 00"
West 251.30 feet said point being the westerly corner of said
Crane, said point also being on the southerly line of New
Hackensack Road; thence leaving said northwesterly corner and
crossing said Hackensack Road and running to the
southwesterly corner of Lands now or formerly the Town of
Wappinger as described in Liber 1401, Page 344, said point
also being on the northerly line of Hackensack Road; thence
leaving said northerly road line and running along,the
westerly line of said Town of Wappinger the following courses
and distances:
North 49°51'40" West 43.14 feet, North 56° 17' 50" West
159.18 feet, North 72° 39' 20" West 128.91 feet, North
55° 35' 50" West 23.73 feet, North 58° 43' 30" West 12.88
feet, North 67° 52' 30" West 24.61 feet, North 80° 48' 50"
West 65.33 feet, North 50°. 16' 30" West 51.78 feet and North
80° 52' 20" West -35t feet to a point being on the southerly
bank of the Wappinger Creek, said point also being on the
westerly line of Lot Number 10 - Block A as shown on a Map
entitled "Quiet Acres" on file in the Dutchess County Clerks
Office as Map Number 2936; thence leaving said northwesterly
corner and running along the westerly line of Lot Number 10
and the westerly line of Lot Numbers 11, 12, 13, 14, 15, 16,
17, 18, 19 and 20 of Block A along said creek bank to a point
being at the northerly corner of Lot Number 20; thence
leaving said northerly corner and running along the northerly
line of said Lot Number 20 South -370 .3D'-..0.0"..East.s2,45t feet_t_
to a point being the easterly corner of said Lot Number 20
said point also being on the northerly line of Helen Drive;
thence leaving said easterly corner and running along said
northerly road line North 52° 30' 00" East 50.00 feet to a
point being the southerly corner of Lot Number 33; thence
leaving said northerly road line and said southerly corner
and running along the southwesterly line of said Lot Number
33 North 37° 30' 00" West to the southerly corner of a parcel
identified ..by Tax Grid No. 6158-02-753881 of said parcel
(6158-02-753881) feet; thence running along the southeasterly
and northeasterly` line to a point being the westerly corner
of Lot Number 32; thence leaving said corner and running
along the northerly line of said Lot Number 32 and Lot
Numbers 31, 30, and 29 North 47° 41' 00" East 340.00 feet to
a point being the northerly corner of said Lot Number 29, the
westerly corner of Lot Number 28 and the southerly corner of
Other Lands of the Town of Wappinger as described in Liber
1244, Page 757; thence leaving said common corner and running
along the southwesterly line of said Town of Wappinger North
42° 19' 00" West 417.00 feet to a point being the
northwesterly corner of said Town of Wappinger, said point
also being in the centerline of the Wappinger Creek; thence
leaving said northwesterly corner and running along said
Creek centerline the following courses and distances:
North 39° 00' 00" East 84.00 feet, North 30° 00' 00" West
125.00 feet, North 26° 30' 00" East 75.00 feet,' North
80° 00' 00" East 70.00 feet, and North 37° 44' 00" East
234.74 feet to a point being the northerly corner of said
Lands of the Town of Wappinger, said point also being the
northwesterly corner of Other Lands of the Town of Wappinger
as described in Liber 1244, Page 753; thence leaving said
common corner and continuing along said Creek Centerline the
following courses and distances:
North 46° 42' 50" East 250.93 feet, North 56° 52' 00" East
290.00 feet to a point being the northerly corner of said
Lands of Town of Wappinger; thence leaving said northerly
corner and running along the northeasterly line of said Town
of Wappinger South 34° 07' 40" East 445.00 feet to a point
being the easterly corner of said Town of Wappinger, said
point also being the northerly corner of Lots Numbers 17 and
18 as shown on a Map entitled "Map of Subdivision of Meadow
Heights" on file in the Dutchess County Clerks Office as Map
Number 3051; thence leaving said common corner and running
along the northerly line of said Subdivision South
34° 07' 40" East 1,209.61 feet to a point being the westerly
corner of Lot Number 5 as shown on a Map entitled, "Swenson
Subdivision" on file in the Dutchess County Clerks Office as
Map No. 7771; thence leaving said northerly line of Filed Map
Number 3051 and said westerly corner of Lot Number 5 and
running along the northerly and easterly line of said Lot
Number 5 North 41° 49' 40" East 484.73 feet and South,_.._..,...
36° 40' 20" East 695.75 feet to a point being the
southeasterly corner of said Lot Number 5, said point also
being on the northerly line of New Hackensack Road; thencet'.
leaving said southeasterly corner and running along the
southeasterly line of Lot Number 5 along said New Hackensack
Road the following courses and distances:
South 39° 18' 00" West 92.40 feet, South 70° 34' 00" West
44.20 feet, South 38° 01' 00" West 91.88,feet, South
34° 26' 00" West 74.36 feet and South 38° 32' 00" West
190.48 feet to a point being the southerly corner of said•Lot
Number 5, said po4.nt also being the southeasterly corner of
Lot Number 33 as shown on a Map entitled "Map of Subdivision
of Meadow Heights" on file in the Dutchess County Clerks
Office as Map Number 3051; thence leaving said common corner
and continuing along the northerly line of said New
Hackensack Road to a point being the southwest corner of said
Subdivision, said point also being the southwest corner of
Lot Number 1 as shown thereon; thence leaving said northerly
road line and said southwesterly corner and running along the
westerly line of said Subdivision the following courses and
distances:
North 34° 44' 00" West 152.30 feet, North 37° 02' 00" West
79.22 feet, North 34° 34' 00" West 115.67 feet, North
31° 33' 00" West 158.13 feet, North 37° 57' 00" West 82.79
feet, North 28° 02' 00" West 92.57 feet, North 34° 47' 00"
West 68.79 feet, North 36° 00' 00" West 62.70 feet, and
North 34° 04' 00" West 77.31 feet to a point being on the
westerly line of Lot Number 8, said point also being the
easterly corner of Lot Number 17, Block B as shown on a Map
entitled "Quiet Acres" on file in the Dutchess County Clerks
Office as Map Number 2936; thence leaving said westerly line
of Lot Number 8 and said easterly corner and running along
the southerly line of said Lot Number 17 and the
southeasterly line of said Map Number 2936 the following
courses and distances:
South 50° 13' 10" West 155.72 feet, South 12° 52' 50" East
27.65 feet, South 50° 00' 00" West 333.10 feet, South 50° 52'
00" East 100.26 feet, South 02° 08' 00" East 50.52 feet,
South 18° 40' 00" West 162.14 feet, South 04° 34' 00" East
112.87 feet, South 21° 14' 00" East 250.38 feet to a point
being the southeast corner of Lot Number 1, said point also
being on the northerly line of said New Hackensack Road;
thence leaving said southeasterly corner and running along
said New Hackensack Road to a point being the northeast
corner of Parcel E as shown on a Map entitled "Plat of
Wildwood Manor on Survey of Lafko-Alexander Property" on file
in the Dutchess County Clerks Office as Map Number 3107,
said point also being on the southerly line of said
New Hackensack Road; thence leaving said northeasterly corner
and running along said easterly Subdivision Line South 26°
_
I1' 10" East 644.75 feet to a point, said point being the. _.._
northwesterly corner of Lot Number 116 as shown on a Map
entitled "Map of Wildwood Forest" on file in the Dutchess
County Clerks Office as Map Number 3176; thence leaving said
northwesterly corner and running along the northerly line of
Lot Numbers 116, 115 and 114 North 59° 34' 10" East 377.01
feet to a point being the northerly corner of said Lot Number
114, said point also being the northerly corner of the herein
described Subdivision; thence leaving said northerly corner-
and running along the easterly line of said Subdivision the
following courses and distances:
South 27° 51' 30" East 698.37 feet, North 57° 56' 30" East
670.07 feet, South 27° 49' 20" East 412.56 feet, South 24°
37' 00" East 289.29 feet, South 26° 52' 30" East 446.73 feet,
South 14° 47' 50" West 409.00 feet to a point being the
easterly corner of Lot Number 85, said point also being the
northeast corner of Lot Number 2 as shown on a Map entitled
"Two -Lot Subdivision Map of Lands of Trojan Homes" on file in
the Dutchess County Clerks Office as Map Number 5653; thence
leaving said common corner and running along the easterly
line of said Lot Number 2 South 15° 30' 00" West 340.00 feet
to the southeast corner of said Lot Number 2, said point also
being on the northerly line of Widmer Road; thence leaving
said southeasterly corner and said northerly road line and
crossing said Widmer Road to the point of beginning.
The above description is a compilation of existing filed maps
and deeds of record. The descriptioq is subject to what an
accurate survey map may disclose.