1989-02-06 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MONTHLY MEETING
FEBRUARY 6, 1989
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. Jan. 16, 1989 Special Jan. 26, 1989
4. REPORTS OF OFFICERS: Town Justices Sup/Compt. Hydrant report(Dec & Jan)
Receiver of Taxes Bldg. Insp. Zng. Adm. Dog Control Officer
5. PETITIONS & COMMUNICATIONS
a. Jos. Grogan, P.E.,D.C.Dept. P.W. re: Speed limit for Bowdoin Lane
b. M.T. O'Leary, Wapp. Youth Outreach, re: confirmation of T/W
knowledge of Hyde Pk Grant to Greystone
c. H. Levenson request permission to participate in D.C.Plng. Fed.
Training Course 4/13/89
d, Petition from Sabia Drive residents to return road name back to
Daniel Sabia Drive
e. J. Paggi, Eng to Town corr:. re: Fltwd Water storage Facility &
recommendation to Bd to authorize CA,O to proceed w/project:
(2) Report on Rockingham Farms Soccer Parking Area
f. Roger Plimley, Amberleaf Vineyards, Notice of intent to renew
Farm Winery License
g. James Klein re: request Town to take over the Sewage pump at
Kendell Farms - w/recommendation from J. Paggi
h. J. Paggi, Eng. to Twn re: Corr. from Peter Marlow on Wappinger
Water Imp Hilltop & Rockingham and, Tall Trees Water
i. Steven Yackowetsky re: possible approval for W & S. Hookup on
lot in Sherwood Hgts Dev.
j. R. Holt, Rec. Ch. re: Reese Park problem
k. H. Levenson, Zng. Adm. re: recommendation from Ping Bd. on no
more waiving of Fees, and, considering waiving of Downstream
drainage fees only if applicant offers installing improvements
1. Jas. Spratt, Co. Comm. Public Works re: Town Speed limit reduction
request for River Road
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Consider approving Agreements for: (1) Wappinger United Football
Club (Soccer) & (2) Little Leage
b. Dutchess Co. Assoc. for Sr. Citizens request for $3,000 funds for
Sr. Citizen Drop -in -Center at Zion Episcopal Church
c. Consider Bids for Highway Materials, Fuel oil & Truck
d. Res. for Watch Hill Water Dist.
e. Accept Hansen Associates Deed for Site Easement along Smithtown Rd.
f. Introduce STOP sign Local Law for Kent Rd.
g. Correspondence from Town Justices: (1) request appointment of
Alternate Court Officers, and, (2) indicating intent to hire Part-
time clerks request approval for payment to them of $6.50 per Hr.
h. NY Power Authority - Agreement for payment in lieu of taxes of
former property owned by Chas Palazzo
i. Consider accepting letter of Credit for Red Hawk Hollow
j. Term expired 1/20/89 for member of Board of Architechural Review,
(John Magdalany)
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
29
The Regular Meeting of the Town Board of the Town of Wappinger was
held on February 6, 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
David Reis, Councilman
Constance Smith, Councilwoman
Elaine H. Snowden, Town Clerk
Absent:
Vincent Farina (arrived later in the meeting)
Robert Valdati (due to Father's illness)
All joined 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 January 16, 1989 and the Special
Meeting of January 26, 1989, having been forwarded to all Board Members,
were placed before them for their consideration.
Mrs. Smith noted that on Page 24 of the January 16, 1989, a statement
referred to a Councilman accepting money at the refuse disposal site,
when actually it was the girl on duty who accepted money instead of
tickets and Councilman Farina turned it in for her.
MRS. SMITH moved that the above stated Minutes be approved, as
corrected, as submitted by the Town Clerk.
Seconded by Mr. Reis
Motion Unanimously Carried
Reports were received from Town Justice Carl Wolfson for January,
the Hydrant Report for December and January, Zoning Administrator
for the month of January.
MR. REIS moved to accept the reports and place them on file.
Seconded by Mrs. Smith
Motion Unanimously Carried
Petitions & Communications
A response was received from Joseph Grogan, Director of Engineering
with the Dutchess County Department of Public Works, to our request
for a lower speed limit on Bowdoin Lane. This was prompted by a
petition from the residents for a 30 MPH speed limit on that road.
Mr. Grogan stated that they did complete an investigation and it is
their opinion that the road is of insufficient length to qualify for
a linear speed limit, and they therefore will not forward it to the
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New York State Department of Transportation as presented. He did
recommend that the Town submit an Area Speed Limit Request to include
the roads in that development (Bowdoin Lane, Amherst Lane, Cameron
Lane and Steinhouse Lane). The Highway Superintendent recommended
that the Town Board include Wheeler hill Road and Old Troy Road in
the 30 MPH request.
MRS. PAINO moved to request the Dutchess County Department of Public
Works and the New York State Department of Transportation, a 30 MPH
Area Speed Limit Request, for Bowdoin Lane, Amherst Lane, Cameron Lane
Steinhouse Lane, Wheeler Road and Old Troy Road.
Seconded by Mr. Reis
Motion Unanimously Carried
(Councilman Farina arrived at 7:40 P.M.)
A letter was received from Peg O'Leary, Wappingers Youth Outreach, Inc.
regarding a request from the County Planning Department for her to
secure confirmation of the Town of Wappinger's knowledge and concurrence
of the Town of Hyde Park's grant to Greystone.
MRS. PAINO moved that a letter be forwarded to Peg O'Leary, Wappingers
Youth Outreach, Inc. and the Dutchess County Department of Planning
indicating that the Town of Wappinger confirms their knowledge and
support of the Town of Hyde Park's Community Development Housing Match
on behalf of the Greystone House, Inc.
Seconded by Mr. Reis
Motion Unanimously Carried
A Memo was received from Herbert Levenson, Zoning Administrator,
requesting permission to participate in the Dutchess County Planning
Federation Short Training Course on April, 13, 1989.
MRS. SMITH moved to grant permission to Mr. Levenson to attend the
course,as requested.
Seconded by Mr. Reis
Motion Unanimously Carried
A Petition was received from the residents of Sabia Drive to change
the name of the road back to Daniel Sabia Drive since there is too
much confusion for the postoffice to distinguish between Sabia Drive
and Sabra Lane. They feel that reverting back to the original name
of Daniel Sabia Drive will alleviate the problem.
Mrs. Paino noted that she had forwarded this petition to the Assessor,
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Highway Superintendent, Receiver of Taxes and Water and Sewer Billing
Clerk; the Assessor responded that he would have no problem changing
his records if the Board changed the name back to Daniel Sabia Drive.
MRS. SMITH moved to change the name of the road from Sabia Drive to
Daniel Sabia Drive and request the Highway Superintendent to change the
street sign to reflect the new name.
Seconded by Mrs. Paino
Motion Unanimously Carried
Reports from the Engineer included information on the Fleetwood
Water Storage Facility. Following a work shop meeting, notification
was received from the Dutchess County Department of Health that the
Town should proceed with the storage facility to eliminate shortage of
water in that area. Mr. Paggi noted that the Health Department had
declared the Town in violation and labeled it as an emergency situation.
He was authorized to prepare the necessary plans which has been done
and approved by the Health Department. In June of 1988, the Engineer
gave a quote of $80,000; three items have contributed to a considerable
increase in the project and it is now a total of $97,644.00. They are
tank purchase, excavation cost and the special coating required for
the inside of the tanks to meet the Dutchess County Health Department
Code. Mr. Paggi explained the bonding details and the cost per resident
for this project.
Mrs. Paino requested the Engineer to prepare the specs for the
bidding process.
The second report referenced a parking area at the Rockingham Farms
Soccer Field. At the Board's request he had analyzed the possibility
of constructing a parking area in the southerly section of that area.
Mr. Paggi noted that it is a low area and subject to flooding when
Sprout Creek rises and the area drains from Rockingham. He recommended
that if they plan to proceed with this parking area a detailed survey
and drainage study should be conducted to make sure that the water
isn't pushed to Regency Drive if they fill in the area.
Mr. Reis felt they should look for another alternative since this
plan appears that it will be very costly.
MR. REIS moved to accept the Engineer's report and place it on file
Seconded by Mrs. Paino
Motion Unanimously Carried
32
Mrs. Roe requested that prior to the soccer season, arrangements be
made for one side of the street parking on Regency Drive.
Mr. Rider, Soccer Representative was present to speak on the parking
area, however it was recommended that his organization look for
another site with parking as the Board was not receptive to spending
$1,000 for a study to determine if they could put a parking area at
that site. If it turned out to be negative, the $1,000 would have
been wasted. In the meantime they could arrange for the one side
of the street parking on Regency Drive.
MRS. PAINO moved to request the Attorney to prepare a Local Law for
one side of the street parking on Regency Drive on Saturdays, from
September 1st through November 30th, and April 1st through June 30th,
from 9:00 A.M. to 4:00 P.M.
Motion Unanimously Carried
A Notice of Intent to renew a New York State Winery License was
received from Ronald Plimley d/b/a Amberleaf Vineyards.
MRS. SMITH moved to receive the Notice of Intent and place it on
file with no comments.
Seconded by Mr. Farina
Motion Unanimously Carried
A request was received from James Klein to take over the Sewer Pump
at Kendell Farms; a recommendation was received from the Engineer,
Joseph Paggi, that he and Camo Pollution Control had inspected the
facilities and found them acceptable and they should be accepted by
the Town.
MRS. PAINO moved that the Town accept the Sewer Pump Station at
Kendell Farms, at the recommendation of Mr. Paggi and both Mr. Klein
and Camo Pollution Control be notified of this action.
Seconded by Mrs. Smith
Motion Unanimously Carried
Mr. Paggi wrote to the Town Board in regard to work to be done to
our water systems as outlined by the Dutchess County Health Department.
Mrs. Paino set a tentative date of February 16, 1989 at 7:30 P.M.
for a work shop meeting with Mr. Marlow of the County Health Department.
Mr. Ralph Holt, Chairman of the Recreation Commission, wrote to the
Board regarding problems at Reese Park including dumping and
undesirable people gaining access to the Park illegally. It was
33
Mr. Holt's recommendation that our law enforcement officers should
pull some unscheduled reviews of the Park and perform arrests if it
becomes necessary. He asked the Town Board's comments on this
recommendation and any alternates they might have to better control
the situation.
Mrs. Paino said she had discussed this with Detective Carl Amburgey,
Dutchess County Sheriff's Office and also in charge of the Town
Vandalism Patrol and requested him to put together some unscheduled
reviews of that area and make sure they crack down on trespassers.
She will also notify the State Police to do the same if they are in
the area.
Steven Yackowetsky wrote to the Board for approval to connect to the
existing town water and sewer facilities for his lot on Sherwood Heights
which he intends to purchase if the facilities are available to him.
This was referred to the Engineer who responded that the parcel is
within the Central Wappinger Water Improvement Area, however he is
not within the confines of the Rockingham Farms Sewer District or the
approved Sherwood Heights Subdivision. He can connect to the water but
not to the sewer facilities.
Mrs. Paino requested the Town Clerk to notify Mr. Yackowetsky of
the Engineer's opinion that he can connect to the water system but
not to the sewer facilities.
A Memo was received from Mr. Levenson advising the Board that at a
Planning Board meeting, it was agreed that none of the fees charged
to an applicant for a subdivision or site plan should be waived under
any circumstances. The cost to process these applications has become
prohibitive; as far as downstream drainage is concerned, these fees
should never be waived because every subdivision or site plan has an
effect on the environment.
A second Memo from Mr. Levenson indicated that the Planning Board
voted to recommend to the Town Board that they not waive any
downstream drainage fees unless the applicant does downstream
drainage of comparable or more money than the actual fees.
MRS. PAINO moved to accept these recommendations and place them on
file.
Seconded by Mr. Reis
Motion Unanimously Carried
34
In response to the Town's request to reduce the speed limit on
River Road in Chelsea from 40 MPH to 30 MPH, a communication was
received from Commissioner Spratt indicating that their field
investigation has determined that there does not exist warrants
sufficient to recommend a reduction of speed from 40 MPH to 30 MPH;
the request was denied by him and would not be forwarded to the
New York State Department of Transportation.
Mrs. Smith commented that she had spoken to Mr. Spratt and asked
why our requests are so frequently rejected and he suggested that
there is a way around it, but it is expensive. The Town can pass
a resolution that all town roads are 30 MPH, however signs would have
to be placed at all entrances to a County or State road indicating the
30 MPH.
MRS. PAINO moved to accept the communication from Mr. Spratt and
place it on file.
Seconded by Mrs. Smith
Motion Unanimously Carried
Committee Reports ---
Mr. Reis had no reports for this meeting.
Mr. Farina, Landfill, reported that a person has been found to work
at the refuse disposal site. He also mentioned that his daughter
offered to help the Town out and worked at the site for five weeks
and still has not been paid. He has asked the Comptrolller to give
him a year end total of expenses and revenues, so they will know what
to charge in 1989 without touching the General Fund to subsidize the
program and as of this date, he has not been given this information.
Cable, correspondence was received from Mr. Erichsen, General Manager
of U. S. Cablevision re pending state legislation. Several years ago,
the Governor and Assembly removed sales tax from cablevision and other
utilities. In order to make up the shortfall in the budget and not to
increase income tax, the Governor is proposing to reinstate sales tax
on certain items and cable is one of them. Mr. Erichsen does not
believe it is fair to return the sales tax on cable and is asking the
Town to pass a resolution protesting the fact that the Governor plans
to reinstate the sales tax on cable.
Mrs. Smith had no reports for this meeting.
35
Two Wappinger County Legislators, Sandy Goldberg and Gordon Hirt,
were present and invited to speak to the Board and the public on any
County topics that might be of interest to them. They had nothing of
interest at this time and Mr. Hirt explained that it will all start
Lomorrow.
Resolutions
Agreements for the Board's consideration were received from the
Wappinger United Football and Soccer Club,and Little League,Assoc.
MRS. SMITH moved to approve the Agreements and authorize the Supervisor
to sign said Agreements.
Seconded by Mr. Farina
Motion Unanimously Carried
The Dutchess County Association for Senior Citizens, Inc. forwarded
correspondence to the Town and enclosed two vouchers for a donation
of $3,000 to assist in the operation of the Senior Citizens' Drop -In
Center at Zion Church; they were requesting $1,500 for the 1988-89
funds and an additional $1,500 for 1989-90.
MR. FARINA moved to approve the amount of $1,500 for 1989 for the
Dutchess County Association for Senior Citizens Drop -In Center at
Zion Church, from Adult Education Account and table the amount
requested for next year.
Seconded by Mrs. Smith
Motion Unanimously Carried
The Superintendent of Highways went out to bid on highway materials,
fuel oil for the Town Buildings and a Pickup Truck with plow equipment.
An analysis of the bids with the Superintendent's recommendations was
previously forwarded to all Board Members. Mr. Farina had a problem
with the Diesel Fuel bid in that one bidder had a price plus tax and
the second bidder submitted a price without tax so there was no way of
knowing whether the tax was included or not.
MRS. SMITH moved to accept the Superintendent's recommendation on all
Highway Bids with the exception of the diesel fuel which will be tabled
pending information on the inclusion or exclusion of tax on the price
quoted.
Seconded by Mr. Farina
Motion Unanimously Carried
One bid was received from Healey International Trucks, Inc. on the
36
dump truck with plow equipment at a total price of $73,740.00 which
included a trade in of $3,500 on a 1967 FWD Cab. The amount estimated
in their budget for this truck was between $82,000 and $83,000.
The Town Board was not pleased that only one bid was received for the
truck and Mr. Reis suggested that they try bidding again.
MR. REIS moved to reject the bid received on the truck and rebid
this equipment.
Seconded by Mrs. Paino
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN FARINA who
moved its adoption:
WHEREAS, the Town of Fishkill has advised the Town Board of a
different method of imposing a charge upon the Watch Hill Sewer
District for the treatment of sewerage generated by said District
by the Dutchess Park Sewer District in the Town of Fishkill, and
WHEREAS, the Town of Fishkill has advised that the billing
for sewerage treatment will be on a quarterly basis, and
WHEREAS, in order to have sufficient funds on deposit for the
payment of bills, billing in this district must commence on the
second quarter of 1989, and
WHEREAS, the billings shall be based upon the water consumption
of the houses,
NOW, THEREFORE, BE IT RESOLVED that the Water and Sewer Billing
Clerk of the Town of Wappinger be and hereby is directed to impose
a sewer charge on the consumers in the Watch Hill Sewer District
commencing the second quarter of 1989, and
BE IT FURTHER RESOLVED, that the charge shall be based upon water
consumption and shall be charged at the rate of $2.15 per thousand
gallons of water for the usage, and
BE IT FURTHER RESOLVED that should the bills not be paid within
the time period prescribed for all payment of water bills in the
Town, a late charge in the sum of 10% shall be imposed.
Seconded by: Councilwoman Smith
Roll Call Vote: 4 Ayes Mr. Valdati --- Absent
A deed was received from Hansen Associates to the Town of Wappinger
for the purpose of creating a site easement along Smithtown Road;
both the Attorney and the Engineer find the easement to be proper
in form and content.
MRS. PAINO moved to accept the deed from Hansen Associates for a
site easement along Smithtown Road.
Seconded by Mr. Reis
Motion Unanimously Carried
The following proposed Local Law was introduced by SUPERVISOR PAINO:
L
37
A LOCAL LAW REGULATING TRAFFIC
WITHIN THE TOWN OF WAPPINGER
ON KENT ROAD
SECTION 1. Full Stop Streets
The following roads and highways are hereby designated as
Full Stop Streets, and all vehicles shall observe any posted
Stop Sign at the intersection hereinafter described before
entering the intersecting street:
Kent Road at its
going East and,
Kent Road at its
going west.
intersection with Easterly Lake Oniad Drive
intersection with Easterly Lake Oniad Drive
Vehicles on Kent Road approaching the aforesaid intersections
shall come to a Full Stop.
SECTION 2. Fines
Any vehicles failing to observe the STop Signs above described
shall be subject to prosecution of a violation of this Local Law, and
shall be subject to punishment by a fine not to exceed Fifty.,Dollars
($50.00). A violation of this Local Law shall be deemed a Traffic
Infraction.
SECTION 3. Effective Date
This Local Law shall become effective upon 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 6th day of February, 1989, a
proposed Local Law Regulating Traffic Within the Town of Wappinger
on Kent Road, 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,
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 23rd
day of February 1989, at 7:30 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
i1 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: 4 Ayes 0 Nays Mr. Valdati---Absent
Correspondence was received from the Town Justices requesting the
appointment of two Alternate Court Officers: Albert Berberich as
Unarmed Court Officer and Eric Wagner as ARmed Court Officer.
MRS. SMITH moved to appoint Albert Berberich as an Alternate Unarmed
38
Court Officer and Eric Wagner as an Alternate Armed Court Officer
as requested by the Town Justices.
Seconded by Mr. Farina
Motion Unanimously Carried
A second request from the Town Justices was to have Yvonne Lawrence
continue as a part time clerk and Karen Herring put on the regular
payroll as part time clerk, both at the salary of $6.50 increased
from their present rate of $6.00 as agreed upon during their
budgetary meeting with the Town Board.
Mr. Reis preferred to delay action on this request pending discussion
at a work shop meeting. Mrs. Paino stated that she would schedule a
work shop and inform the Town Justices.
A proposed Agreement for payment in lieu of taxes between the County,
the Town and the Power Authority (Marcy South) for property formerly
owned by Charles Palazzo, was forwarded to the Town from the County
for their consideration.
This Agreement had been forwarded to the Assessor for his recommenda-
tion and no response had been received as of this date.
MRS. PAINO moved to table action on this matter pending information
from the Assessor.
Seconded by Mr. Reis
Motion Unanimously Carried
A Letter of Credit was received from the Bank of Boston Connecticut
for the Red Hawk Hollow Subdivision in the amount of $313,005.00.
The Town Clerk noted that the Attorney to the Town had no problem
with the Town Board accepting this Letter of Credit and the Engineer
stated that he had no problem with the amount, however both officials
agreed that since the document had a definite expiration date, the
Town should initiate some sort of series of checks that prior to the
expiration date of the Letter of Credit that formal notification goes
to the banking institution indicating that the Town wants it extended
for a period of one year.
Mrs. Smith questioned what the amount was for since it only indicated
so many feet of road; the Engineer responded that this amount would
cover the road plus any storm drainage work, however Mrs. Smith felt
this should be spelled out in the Letter of Credit; she also felt that
a date of completion of the work should be included. Mr. Paggi did
not think this was necessary since no building permits will be issued
39
until the base work is done. The burden of the completion, he
pointed out, is on the developer. He stressed that the Town should
not let the Letter of Credit lapse if the work is not acceptable.
Another point Mrs. Smith brought out is the fact that this document
does not specify the Town Official, it states "an authorized official";
she wanted that spelled out also, whether it be Supervisor, Highway
Superintendent or whomever. Discussion followed on the time frame
and when to notify the bank of an extension request. Mrs. Paino
%; noted that this information will now be put into the computor system
and it is 99% installed and functional in the Building Department; the
expiration dates of the Letters of Credit will be flagged 60 or 90 days
prior so they will be aware of an upcoming expiration day and take care
of renewing it.
MRS. PAINO moved to notify the Bank of Boston Connecticut that the
Town Board has tabled acceptance of the Letter of Credit and request
that the verbage be amended to state that the amount of $313,005.00
covers the cost of completion of the road plus any drainage work that
may be required.
Seconded by Mr. Reis
L
Motion Unanimously Carried
John Magdalany's term on the Board of Architectural Review expired
on January 20, 1989.
The following Resolution was offered by SUPERVISOR PAINO who moved
its adoption:
RESOLVED, that John Magdalany be and he is hereby reappointed
as a member of the Town of Wappinger Board of Architectural Review
to fill the vacancy which has occurred by reason of the expiration
of his term, and
BE IT FURTHER RESOLVED, that the term of the said John Magdalany
on the Board of Architectural Review will be for five years and will expire
January 20, 1994.
�r+ Seconded by: Councilwoman Smith
Roll Call Vote: 4 Ayes 0 Nays Mr. Valdati---Absent
The following Resolution was offered by SUPERVISOR PAINO who moved
its adoption:
WHEREAS, the Town Board authorized the expenditure of $13,943.12
for a new car for the Building Inspector,
BE IT RESOLVED, transfer $13,943.12 from B Fund contingent
01-01-1990.40 to 01-02-3620.20.
Seconded by: Councilman Reis
Roll Call Vote: 3 Ayes Mr. Farina ---Nay, Mr. Valdati---Absent
40
Mr. Farina had voted against the purchase of the vehicle so he
therefore voted against transferring monies to pay for it.
Unfinished Business ---
At the last meeting the Board tabled the Public Hearing on the
revised Zoning Ordinance for further review. They had also received
a request from the Town Assessor, Mr. Logan to postpone action for
now and perhaps consider extending the Interim Zoning Law for sixty
to ninety days. A proposed Local Law has been prepared to extend
the existing law for ninety days.
The following proposed Local Law was introduced by SUPERVISOR PAINO:
A LOCAL LAW AMENDING LOCAL LAW NO. 11 OF
1988 ENTITLED "REGULATING FOR AN INTERIM
PERIOD THE ISSUANCE OF BUILDING PERMITS
IN THE TOWN OF WAPPINGER, PENDING
COMPLETION AND REVIEW OF AN UPDATED AND
REVISED COMPREHENSIVE MASTER PLAN AND
CONTEMPLATED AMENDMENT OF THE ZONING
ORDINANCES BY THE TOWN BOARD"
SECTION 1. Legislative Intent
On May 16, 1988, the Town Board of the Town of Wappinger
enacted Local Law No. 11 of 1988 regulating for an interim period
the issuance of Building Permits in the Town of Wappinger pending
completion and review of an updated and revised Comprehensive
Master Plan and contemplated Amendment of the Zoning Ordinance
by the Town Board. Said Local Law by its terms, was to expire
nine (9) months from the date of adoption. The proposed Interim
Zoning Law is due to expire on February 26, 1989. The Town Board
and the Town's Growth Management Committee have been reviewing
proposals to the Zoning Ordinance based upon a new comprehensive
Master Plan as adopted by the Planning Board of the Town of Wappinger
in July of 1988. At the present time it is the feeling amongst the
Growth Management Committee that additional time will be necessary
in order to implement the proposed amendments to the Zoning Ordinance
and an extension of Local Law NO. 11 of 1988 is appropriate.
SECTION 2. Extension of Local Law NO. 11 of 1988
Local Law No. 11 of 1988 regulating for an interim period the
issuance of Building Permits in the Town of Wappinger pending
completion and review of an updated and revised comprehensive Master
Plan and contemplated Amendment of the Zoning Ordinances by the
Town Board, be and hereby is extended for an additional 90 day
period up to and including May 27, 1989.
SECTION 3, Effedive Date
This Local Law shall take effect immediately upon its filing
with the Secretary of State of the State of New York.
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 6th day of February, 1989, a
proposed Local Law Amending Local Law No. 11 of 1988 and Extending
Same, and
41
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,
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 23rd
day of February 1989, at 8:00 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: 4 Ayes 0 Nays Mr. Valdati---Absent
MRS. PAINO moved to set a Special Meeting for February 23, 1989
at 8:30 P.M. to address two items only, the Local Law on Stop Signs
on Kent Road and the Local Law to Extend the Interim Zoning Law.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Snowden asked the Supervisor if the Board would address any
other matters and she replied that they would consider the two items
only.
Mrs. Smith again brought up Jennifer Farina's voucher for hours she
put in at the Saturday Morning Refuse Disposal back in December and
hasn't been paid. The total is $52.50 if the Board wishes to
consider paying the holiday rate of $7.50 per hour. The Comptroller
returned this voucher for authorization of paying the holiday rate.
If the Board is not receptive to paying the $7.50 per hour for the
holiday rate, Mrs. Smith suggested that they pay her the $5.00 per
hour or a total of $45.00.
MRS. SMITH moved to authorize payment of Jennifer Farina's voucher
in the amount of $5.00 per hour, total of $45.00 for hours worked
at the Saturday Morning Refuse Disposal Site.
Seconded by Mrs. Paino
Mrs. Paino explained that the only reason the Comptroller did not
pay this voucher was because the rate that was set by the Town Board
for that particular job is $5.00 an hour and this individual was
asking for $7.50 per hour.
Mr. Farina added that it has been the practice of this Town Board
to pay time and one half whenever the holiday occurred on a weekend,
42
for example, on July 4th weekend, they paid time and one half. He
felt it was a personal vendetta on him from the Comptroller because
he spoke out against him; that's the reason the voucher was bounced
and it's not fair to pick on a sixteen year old girl when the problem
is with Mr. Farina.
Now that it is a new year he wants to start off with a resolution
stating that time and one half is paid on holiday weekends.
Mrs. Paino reminded him that this figure has not been worked into
the budget and the matter should be discussed at a work shop meeting.
New Business ---
A Memo was received from the Zoning Administrator requesting
permission for the Planning Board and the Zoning Board of Appeals
to attend the Dutchess County Planning Federation Short Course,
March 2, 9, April 6, 13, 1989 from 7:00P.M. to 10:00 P.M.
MRS. PAINO moved to grant permission to the Planning Board and the
Zoning Board of Appeals to attend these courses, as requested.
Seconded by Mr. Reis
Motion Unanimously Carried
In regard to a spending limit at the Association of Town's Meeting,
there was some confusion on the amount budgeted last year.
MRS. PAINO moved to reimburse all those authorized to attend the
Association of Town's Meeting, $.24 per mile for mileage and a limit
of $60.00 per day for meals.
Seconded by Mr. Reis
Motion Unanimously Carried
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 8:57 P.M.
ClUAg
Elaine H. Snowden
Town Clerk
Reg. Mtg. 2/6/89