1988-01-19 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
JANUARY 19, 1988
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Dec. 30, 1987, Year End - Jan. 4, 1988 Re -Organization
4. REPORTS OF OFFICERS:
Town Justices Hydrant Zoning Adm. (Nov.) Compt/Sup
Receiver of Taxes
5. PETITIONS & COMMUNICATIONS
a. Howard Bennett Re: Drainage problem -Sherwood Heights
b. Letter of Thanks from Jas. J. Erenzo
c. Notice of Public Hearing Town of Poughkeepsie,
d. H. Levenson requests permission to attend Code Enforcement
training Course at Poughkeepsie 3-28 thru 3-31
e. Randy Green application for Hawking and Peddling License
f. E. DiMarco, DBA DiNola-Osborne Inn- Notification of intent to
apply for Liquor License
g. U.S. Cablevision Corp. re: Notice of intent to renew Franchise
(Expires 6-21-90)
h. Receipt of Feasibility Report on Utilization of N.Y. City Water
by Town of Wappinger
6. COMMITTEE REPORTS
Fill Airport and Dial -a -Ride Committees Chairmanship
7. RESOLUTIONS
a. Consider Local Law for "Stop" signs - Kent Rd. Area
b. Ccnsider approval of CAMO contract, and authorize Sup. to sign
c. Approve 1(:) increase per meter for Meter Readers
d. Appoint Insurance Agent
e. Appoint Certified Public Accountant
f. Appoint Board of Ethics
g. Appoint Town Historian
h. Vacancy on Board of Architectural Review
i. Vacancy on Conservation Advisory Council
j. Grant Central Hudson right to repair and/or replace defective
Street light fixtures
k. Set Highway Pay Scale
1. Introduce Ordinance to declare Greenfly Swamp a Critical
Environmental Area, and set Public Hearing
8. UNFINISHED BUSINESS
a. N.Y.S.D.O.T.by J.W. Wickeri re: Towns request that DOT prohibit
standing and/or parking along Rte 9 at Car Wash at intersection
of Old Hopewell Rd.
9. NEW BUSINESS
10. ADJOURNMENT
Reminder: Public Hearing at 7:15 for Local Law on Stop signs for Kent
Road area
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The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on January 19, 1988 at the Town Hall, 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
All joined in the Pledge of Allegiance to the Flag and a moment of
silent prayer for the Town of Wappinger and its residents.
The Minutes of the December 30th, 1987 Year End Meeting and the
January 4th, 1988 Reorganizational Meeting, having previously been
forwarded to the Board Members, were placed before them for their
consideration.
COUNCILMAN REIS moved that the above stated Minutes be and they are
hereby approved, as submitted by the Town CLerk.
Seconded by Councilman Valdati
Motion Unanimously Carried
Reports were received from the Town Justices, Hydrant Report,
Receiver of Taxes for December and from the Zoning Administrator
for the months of November and December.
MR. FARINA moved to accept the above stated Reports and place them
on file.
Seconded by Mrs. Smith
Motion Unanimously Carried
Petitions & Communications ---
Mr. Howard Bennett was present to address the Board on recurring
drainage problems at his home on 10 Sherwood Heights.
Mrs. Paino invited Mr. Bennett to address the Board, pointing out
that she would recommend a work shop meeting with the Board Members,
Mr. Bennett and his attorney to discuss the problem at length. She
also invited him to address the Board briefly on his complaint.
Mr. Bennett distributed copies of the following report to the Board
Members ----
My name is Howard Bennett. I live at 10 Sherwood Heights in
the Town of Wappinger. Mrs. Bennett and I bought our home here in
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October 1959 and have resided here ever since. Our three children
were raised and educated here. We have lived, worked, and paid
taxes in Wappingers for over a quarter of a century. We doubtless
will spend the rest of our lives here.
During the past seven or eight years, we have patiently
endured a water run off problem that we have repeatedly tried to
have corrected. The following chronology outlines briefly the
events which are detailed more specifically elsewhere:
1980-81 Sherwood Heights residents voiced concerns to Planning
Board about possible water run-off from Carmel Hts. subdivision.
Planning Board gave assurance that no drainage problem would result.
Fall 1981 Town officials inspect drainage problems on properties
at 10 and 11 Sherwood Hgts.
Nov. 1981 Letter to Planning Board from Building Inspector
suggesting a "hold" on Carmel Hgts. II, pending corrections and
compliance on Section I.
Jan. 1982 Water problem and corrective measures discussed at
Planning Board at least twice during month. Pictures showing
flooding given to Planning Board. (Copies of all pictures given
to Planning Board are in album here tonight.)
Feb. 1982 More flooding and more pictures presented to Planning
Board. Means to correct problem again discussed.
Feb. 1983 Letter to Planning Board Chairman from Bennetts detailing
ongoing problem and expressing opposition to granting Carmel Hgts.
"final approval" until problem corrected.
Mar. 21, 1983 Planning Board grants "final approval" provided
certain conditions are met.
Aug. 26, 1983 Letter from Bennetts to Town Supervisor re water
problem.
Aug. 31, 1983 Letter from Town Supervisor to Planning Board
Chairman (cc to Bennetts) regarding lengthening berm on Carmel
Hts. Lot #66.
Dec. 27, 1983 Letter from Bennetts to Building Inspector re
ongoing water problem.
Jan. 12, 1984 Letter from developer to Building Inspector denying
any fault and claiming to have met all requirements.
Jan. 25, 1984 Letter from Building Inspector to Bennetts indicating
that there was no follow up the Planning Board wished to take.
1984 Bennetts hire attorney --much correspondence, many meetings
ensue.
Spring 1985 Bennetts employ engineering firm as consultants
regarding water problem correction.
Summer 1985 Developer offers some $800 plus materials to correct
run off on Bennett property, if Bennetts release developer from
responsibility for any damage to Bennett property.
October 1986 Bennetts have basement water proofed.
Late Fall 1986 Bennetts receive estimate of $2600 from independent
contractor for drainage work. Developer refuses estimate.
May 1987 Bennetts and attorney meet with Town Supervisor, Town
Engineer, and developer. Bennetts withdraw offer of easement
granted more than a year earlier, and request developer to correct
problem on developer's property (Lot #66).
June 17, 1987 Letter from Town Engineer to Town Supervisor indicates
problem has been corrected. TRANSLATION: Problem corrected on paper --
no actual corrective measures taken in the field.
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Fall 1987 Grading of lot and construction of house begun on
Carmel Hgts. Lot #66.
I have with me a more detailed account which takes about 25 minutes
to read. If you can spare me about 3 minutes for each of the years
I have been talking about, I would like to read this to you.
Mrs. Paino responded to Mr. Bennett's question on allotting him
this time, that he would be welcome to have this time at a work shop
meeting where it would be discussed with the full Board, the Engineer
and the Attorney to the Town, Mr. Bennett, his Engineer and Attorney.
Once they determine the course of action to take, the matter will be
placed on the following Town Board Meeting for the appropriate
resolution. After suggesting several dates, Mrs. Paino recommended
February 4, 1988 at 8:00 P.M. for the convenience of all.
Mr. Bennett resumed his report ---
If the Board cannot grant his request at this time, I request that
my remarks become part of the minutes of this meeting and request a
workshop session where this matter can be more fully discussed.
In closing may I leave you with the following thoughts:
During these past years we have expended our own funds (and labor)
to try to control the water which has overflowed onto our property.
To date we have spent---
$ 480.00
250.00
129.00
1,460.00
100.00
10.00
10.00
99.97
$ 2,538.97
Engineering costs
legal fees
wet/dry vacuum
waterproofing services
loss of lumber (water damage)
earth fill
rocks
photography --cost of film, developing & printing
Total
These are expenses we have absorbed in the past. My wife and I
are both now retired senior citizens trying to make ends meet on a
considerably smaller income than we previously enjoyed. We do not
feel we should have to continue to put forth funds to correct
problems that are not of our making.
I would like to see construction on Lot #66 halted until the
drainage problem is corrected and water run off onto and across
my property is stopped.
I also want a guarantee of permanence (something written into
the deed) so that subsequent owners of Lot #66 could not remove
any corrective measures taken to prevent the re-creation of the
r'' water run off problem, thus removing the threat of pollution
to my water supply and damage to my septic system field.
I would also like my yard restored to its original condition.
At this point I would like to offer some suggestions for
preventing water run off from reaching my yard:
1) Install the original storm drain depicted on the early
planning maps that was to have connected Carmel Hgts storm sewers
to the Dutchess County System on All Angels Hill Road, and install
catch basins along it to carry away any surface water; OR
2) Regrade Lot #66 so that it slopes to the South for its
entire length, thereby deflecting water to the Carmel Hgts. storm
sewers or the All Angels Hill storm sewers.
I would like to express my thanks to the Town Board and the Town
Supervisor for their time in considering this situation. I know
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that all of you have expressed concern about environmental issues
and are interested in making Wappingers a good place in which to
live. I also feel certain that you as elected representatives
of the town's citizens are concerned with the equitable and timely
resolution of problems such as I have presented to you this evening.
Again, I thank you for your time and effort on our behalf.
A letter was received from James J. Erenzo, Ceramic Tile Concepts,
thanking the Board for their assistance in clarifying the boundaries
of Central Water Improvement Area in relation to his parcel of land
on Myers Corners Road, thus enabling him to proceed with subdivision
procedures.
MR. REIS moved to accept the letter of thanks from Mr. Erenzo and
place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
A Notice of Public Hearing was received from the Town of Poughkeepsie,
set for the 20th day of January, 1988, to consider an amendment to
the Zoning Ordinance and the Code of Ordinances to said Town.
MR. REIS moved to accept the notification and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
A request was received from Herbert Levenson, Zoning Administrator,
to attend the New York State Department of State Code Enforcement
Training School Course at Poughkeepsie, New York on March 28-31,
1988, 9:00 A.M. to 4:00 P.M.
MR. FARINA moved to grant permission to Mr. Levenson to attend the
Course, as requested.
Seconded by Mrs. Paino
Motion Unanimously Carried
An application was received from Randy Green for a Peddler's License
to distribute meat and seafood to the residents of the Town of
Wappinger.
MR. REIS moved to deny the issuance of a Peddler's License to Mr.
Green.
Seconded by Mrs. Smith
Motion Unanimously Carried
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A notification of intent to apply for a Liquor License was received
from Di Nola Restaurants, Inc., DBA Osborne Inn, Eleanor Di Marco.
MR. REIS moved to accept the correspondence and file with no comments.
Seconded by Mr. Farina
Motion Unanimously Carried
A letter was received from Howard Erichsen, Regional Manager of
U.S. Cablevision indicating their intent to renew the Franchise
with the Town of Wappinger when the current agreement expires on
June 21, 1990. The Cable Communications Policy Act of 1984
requires the cable company to notify the municipality at least
30 months in advance of the franchise if they intend to renew same.
Mrs. Paino was not happy that the franchise would not expire until
1990 as she felt this company was holding the Town of Wappinger residents
and other customers, hostage, with their recent increases and reduction
in service and we are powerless to do anything about it.
MRS. PAINO moved to forward a letter to Mr. Erichsen of U.S. Cablevision
indicating that when the Franchise expires in 1990, the Town Board in
office at that time, takes a long hard look and shops around before
renewing this Franchise with U.S. Cablevision.
Seconded by Mr. Reis
Motion Unanimously Carried
This letter is to be copied to the Cable Committee, Congressman Fish, Jr.
Senator Rolison, Jr., and Assemblyman Saland.
Mr. Farina, liaison to,the Town Cable Committee, noted that Mr.
Cortellino, Chairman of that Committee, wrote to our state legislators
and the Cable Commission indicating the Town's problem with the
cable company. It was Mr. Cortellino's intention to address the
Board and the residents this evening- but unfortunately he is in the
hospital. Mr. Farina noted that he was requested to recommend that
the Attorney to the Town look into possibility of soliciting
Cablevision Systems Corp. of Woodbury, Nassau, Long Island, who has
expressed an interest in serving the residents of LaGrange. The
package they have offered is to provide a basic service of 32 channels
for a monthly charge of $14.95.
MR. FARINA moved to authorize the Attorney to the Town to investigate
the procedure for the Town Board to contact Woodbury Cable Company
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regarding posibility of servicing our Town.
Seconded by Mrs. Smith
Motion Unanimously Carried
Mr. Valdati spoke of correspondence received from David Alexander,
a resident of Wappingers Falls, with a complaint that has been
heardfrom many subscribers to U.S. Cablevision, that being that the
expanded service provided in our area has rendered some of the
features of TV's and VCR's useless. It is impossible to view one
station and record another; due to these impediments Mr. Alexander
is urging the very same action discussed by the Board tonight and
as Mrs. Paino pointed out, he is one of many residents who have
complained. They are calling the Town Clerk's Office, the Supervisor's
Office and home and the other Board Members as well to register their
annoyance with the service.
The Town Board received a Feasibility Report on the Utilization of
New York City Water prepared by the Engineering Firm of Brinnier and
Larios from Kingston, New York.
Mrs. Paino reviewed the background for this report which she initiated
for potential sources of water for the Town and possibly could be
supplied at a future time by the Town tapping into the Delaware
Aquaduct via the New York City Pumping Station in Chelsea. From an
engineering standpoint, it appears that the Town could tap into that
water system and at this point Mrs. Paino deferred to the Engineer
for his comments.
Mr. Paggi noted that the report basically lays out the engineering
guidelines for the tap, such as, where the tap would be located,
the recommended size of the tap, estimated amount of water that
would be allowed to be withdrawn from the New York City Aquaduct
System at the present development stage of the Town. It briefly
touches upon the necessary treatment to the water as it exits from
the Aquaduct. Approximate costs are set forth in the report to give
the Town guidelines on the possibility of a Town wide water system.
Mr. Paggi recommended that the Town consider serious negotiations
with New York City for obtaining approval for work set forth in the
report.
Mrs. Smith asked if this potential water supply will service the
3rd and 4th Ward as well as the Chelsea Area. As set forth in the
report, Mr. Paggi explained, the amount of water to be withdrawn from
29
the New York City Aquaduct will be based on the population of existing
water districts in the Town which number 6 and are scattered North,
South, East and West. He recommended forming a Town wide or majority
of the Town water district encompassing the existing ones and by doing
this, the amount of water to be withdrawn will be increased; the
Aquaduct used at the prime source could service the majority of the
Town if not the entire
ilbe that the pipe be sized
which according to Mr.
a design
year of about
Town. Mrs. Paino added that the report recommends
to carry 10 million gallons of water per day,
Paggi's preliminary calculations represents
2020 for the Town of Wappinger. Mrs. Smith
repeated her concern that the 3rd and 4th Ward will be serviced by
this project; she represents the 4th Ward and referred to a drought
problem experienced in the 3rd Ward a few years ago and she can see
this happening again. Mrs. Paino answered her concerns with the
information that part of the plan would be to place a storage tank
on Cedar Hill which will help alleviate the problem of water supply
and water pressure. The Dunn Geoscience firm did Hyrogeological
testing about three years ago and determined that the Town will
experience a drought every seven years in the Sprout Creek, so by
installing this storage facility, it will help Ward 3 and probably
Ward 4 with additional water storage.
At this point when New York City has two permits before the D.E.C.
relative to withdrawing 100 million gallons a day out of Hudson River
in an emergency situation, the second one is to withdraw 300 million
gallons on an ongoing basis, Mrs. Paino felt it would be prime time
for the Town to use this as a leverage due to the fact that if these
applications are approved, the Town will be heavily impacted as the
pumping station is in Chelsea. The Town should, she continued take a
look at the other boundaries of water surrounding us, particularly the
Wappinger Creek and there is a concern there of the balefill and landfill
at the Airport, however, that can be dealt with.
Mrs. Smith wanted to go on record that she would not vote for this
project unless the 3rd and 4th Ward would be serviced.
Mr. Vaidati noted that the final conclusion made by Brinnier & Larios
in their study, states that the total cost and feasibility of this
project should be compared by our engineers with any other possible
sources that can handle our future needs. He questioned whether such
30
comparison would be done. Mrs. Paino replied that they will consider
and investigate what is available along the Wappinger Creek and this
will be done before any final decision is made regarding the Chelsea
Pumping Station.
Mr. Reis was involved in the infancy of the negotiations with New
York City and was knowledgable of the groundwork done by the Supervisor
and the Engineer to initiate the procedure they would follow. Shortly
after the Supervisor took office she and the Engineer agreed that the
water and sewer problems of the Town had to be addressed immediately,
and they set about achieving these objectives. Finding that the
Delaware Aquaduct comes into Chelsea, was to him, one of the monumental
things that have happened to this Town. The Supervisor pursued each
avenue to accomplish additional water sources for the residents and
followed through by authorizing a study by Brinnier & Larios. He was
pleased with the report and accepted it and was looking forward to
a positive direction with New York City. He commended the Supervisor
and the Engineer for the effort and time they have put into this
important matter.
Mrs. Smith had one fault with the time frame in receiving this report
and felt that the Town Board should have been provided with it before
the news media reported it. Mrs. Paino had no control over this since
one of the reporters had obtained it from the Engineer's office.
MRS. PAINO moved to accept the report and place it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Reis requested that a letter be directed to Brinnier & Larios
thanking them for the report.
The next item was the receipt of the Dial -A -Ride Contract which
requires the Supervisor's signature.
MR. REIS moved to authorize the Supervisor to sign the Dial -A -Ride
contract.
Seconded by Mr. Farina
Motion Unanimously Carried
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Committee Reports ---
At the Reorganizational Meeting, Mrs. Paino tabled appointments of
Chairmen for the Airport Advisory Committee and the Dial -A -Ride
Committee since she planned to appoint Councilwoman Smith to these
Committees but felt there might be some conflict since Mrs. Smith
works for the County Highway Department.
The following Memo was received from our Attorney, Thomas Wood:
To: Supervisor Paino and Members of the Town Board
Pursuant to your request at your January 4, 1988 meeting, I have
reviewed the positions on the Airport Dial -a -Ride Committees, and
have reviewed your request as to whether or not there would be a
conflict of interest for any member of the Town Board to serve on
th same.
Since these Boards are advisory Boards, I do not feel it would
present a conflict of interest for a member of the Town Board to sit
on these committees as well as being members of the Town Board.
It is also my understanding that with respect to counselperson
Smith, that the County Attorney has advised that it would not be a
conflict for her to sit on these committees even though she is an
employee of the County of Dutchess.
Should you have any additional questions or desire additional
comments, please so advise.
Mrs. Paino appointed Councilwoman Smith as Chairman of the Airport
Advisory Committee and the Dial -A -Ride Committee.
Mrs. Paino welcomed Boy Scout Dennis McCann who was present at the
meeting to earn a badge, and invited him to ask any questions during
the meeting or after.
Committee Reports ---
Mr. Valdati reported on a parking problem in back of Poughkeepsie
Nissan on Old Route 9 which has been ongoing for a couple of months.
He requested the Zoning Administrator to look into the matter.
Mr. Levenson replied that he has forwarded a letter to the owners
and is waiting for them to comply.
Mr. Reis, Building Committee, referred to the recent problem at Town
Hall with leakage and heat. The heat problem has existed for a couple
of months and lot of time has been spent to rectify the condition.
The company handling this work is New Windsor Mechanical in Orange
County and they have done the work in the past for C. B. Strain.
who installed the heating and air conditioning system. Mr. Reis has
discussed a maintenance contract with New Windsor Mechanical so the
32
building will be properly serviced; the contract requires the Supervisor's
signature. All labor and service calls done in a normal working day is
covered under this contract; emergency calls and holidays will be extra
cost.
MR. REIS moved to authorize the Supervisor to sign a maintenance
contract with New Windsor Mechanical at an amount not to exceed
$3,000 for a one year period of time, retroactive to November 1987
and expiring November 1988.
Seconded by Mrs. Smith
Motion Unanimously Carried
Mr. Farina, Water & Sewer referred to a letter written to the Governor
in December of 1987 regarding an increase in reimbursement for operation
Zcri
and maintenance of Wastewater Treatment Plants. This goes back to
when the state legislature authorized money to be reimbursed to the
municipalities for the purpose of treating sewage; the maximum is 33.33%
of the operating cost of the plant. Over the years the percentage has
been steadily reduced and the proposed rate for 1988 is 12.75%. The
response from the D.E.C. has stated that the effective rate will be
approximately 12.75%. He is very displeased with the D.E.C. for
setting this rate, since we did request the maximum of 33.33% and they
should be concerned with the environment.
Mr. Farina on Water, reported that he has had complaints on two
companies in the area are finding ways to be invited into your home
under the guise that they are concerned about the environment and
then proceed to tell you how dangerous your water is, and try to sell
you a system which will supposedly take care of your problem. According
to Peter Marlow, Senior Health Engineer, Environmental Health Services.
the Hilltop Water District is in compliance with Part 51.51 of the
New York State Sanitary Code; Fleetwood Water District complies,
Oakwood Knolls Water District complies, Rockingham Farms Water District
complies. This report is dated December 8, 1987. Mr. Farina called
upon representatives from Camo Pollution Control, operators of the
Town's water and sewer plants to explain Part 51.51. Michael Tremper
explained that Part 5 outlines the rules and regulations for operating
the water system, sets guidelines on quality of water and how often the
system as to be monitored. He is aware of the problem Mr. Farina is
33
talking about and he heard that it is going on in the Town of
Poughkeepsie also. Whenever he talks to anyone about it he recommends
that they call the Department of Health for the correct information.
The reports on these plants have been issued by the New York State
Department of Health, Environmental Services, it is not a Town report.
Mrs. Smith had no reports for this evening. She did attend the Growth
Management Committee but deferred to the Supervisor for her to report
on their meeting.
Mrs. Paino reported that the group discussed the land use plan that
had been presented to the residents on September 30, 1987. They will
be meeting in the future with the Zoning Administrator and the Attorney
to put together the verbage in the Zoning Ordinance and work on this
line by line.
Mr. Rick Kosowski asked the status of the Master Plan of the Town.
Mrs. Paino replied that the Town does have a Master Plan and Map but
they have not been accepted by the Town Board. They need some polishing
and they went over it for changes at the last meeting. Once they are
ready, public hearings will be held, probably within the next few months.
A Public Hearing having been held on a proposed Local Law Authorizing
Stop Signs at Various Intersections with Kent Road, by the Town Board
on January 19, 1988, the matter was placed before them for their
consideration.
SUPERVISOR PAINO moved to adopt Local Law #1 of 1988 as follows:
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Purpose
In order to provide for the orderly control of traffic on Town
highways and roads within the Town of Wappinger.
SECTION 2. Stop Signs
A. All vehicles on the following designated streets approaching
Kent Road from, on and along the following named streets, must come
to a full stop at the intersection of said roads and Kent Road:
1.. Applesauce Lane
2. Baldwin Drive
3. Pippin Lane
4. Cady Lane
5. Fenmore Drive
6. Lake Oniad Drive East
7. Bungalow Lane
8. Lake Oniad Drive West
9. Sachson Place
B. All vehicles on the following designated streets approaching
Kent Road from, on and along the following named streets, must come
to a full stop at the intersection of said roads and Plaza Road:
1. Lake Oniad Drive West
34
C. All vehicles on the following designated streets approaching
Kent Road from, on and along the following named streets, must come
to a full stop at the intersection of said roads and Lake Oniad Drive:
1. Foxhill Road
2. Bungalow Lane
D. All vehicles on the following designated streets approaching
Kent Road from, on and along the following named streets, must come
to a full stop at the intersection of said roads and Ervin Drive:
1. Central Avenue
E. All vehicles on the following designated streets approaching
Kent Road from, on and along the following named streets, must come
to a full stop at the intersection of said roads and Central Avenue:
1. Plaza Road
SECTION 3. Authorization to Install Signs
The Highway Superintendent of the Town of Wappinger is hereby
authorized and directed to install, erect and maintain any and all
necessary traffic control signs in conformity with this Local Law
and in accordance with Law.
SECTION 4. Notification of Law Enforcement Agencies
The Town CLerk is directed to notify the State Police, the
Dutchess County Sheriff's Department, of this Ordinance and any
additions or changes thereto.
SECTION 5. Penalties
Any violation of this Local Law shall be a Traffic Infarction
as defined in the Vehicle and Traffic Law of the State of New York
and is punishable upon imprisonment by a fine not to exceed
FIFTY DOLLARS ($50.00).
SECTION 6. Effective Date
This law shall take effect upon filing with the Secretary of
State of New York and with the compliance with other statutory
requirements.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
A contract was submitted to the Town from Camo Pollution Control,
relating to managing the water and sewer plants of the Town.
The following Resolution was offered by SUPERVISOR PAINO who moved
its adoption:
WHEREAS, the Town Board in 1982, previously entered into a five
year contract with Camo Pollution Control, Inc., for rendering
professional services to the Water and Sewerage Districts in the
Town, and
WHEREAS, said five year agreement provided that the budget
would be fixed on an annual basis by the Town Board, and
WHEREAS, the first five year term has ended on December 31,
1987, and
WHEREAS, the Town is desirous of continuing the professional
services provided by Camo, and
WHEREAS, the budget amounts for said contract would be fixed
by the Town Board on an annual basis,
NOW, THEREFORE BE IT RESOLVED, that Camo Pollution Services be
L
35
and hereby is hired by the Town to manage all of its Water and
Sewer Districts within the Town of Wappinger for the next five
years, and
BE IT FURTHER RESOLVED, that said five year period will have
the budget set by the Town Board on an annual basis upon consultation
with Camo, and
BE IT FURTHER RESOLVED, that the Supervisor be and hereby is
authorized to execute the annexed agreement for professional services
to be rendered by Camo Associates.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
The next item on the Agenda was the consideration of a 10 increase
for the water meter readers.
MR. REIS moved to approve a 10 increase for each individual water
meter for the individuals engaged to provide this service to the
Town.
Seconded by Mrs. Smith
Motion Unanimously Carried
The matter of appointing an Insurance Agent for the Town was placed
before the Board for their consideration. Mrs. Paino explained that
after several delays in receiving the information from various insurance
companies invited to bid, it was noted when they were finally submitted
late last Friday that some pertinent information was missing, particularly
the liability coverage for public officials. It appeared that there
was some more delay in putting those amounts together and in view of
the fact that the basic Town coverage expires on January 22nd, 1988
it was evident that the Town Board should take action at this meeting.
The amounts submitted were as follows: Thomas Wallace ---$201,931.00,
Marshall & Sterling ---$169,214.00 and R.G. Hill ---$177,082.00.
Mrs. Smith noted that the firm of Marshall & Sterling was the only one
that addressed coverage for volunteers associated with Celebrations, etc.
This was a concern to her as she has been a volunteer worker as long
as she can remember and has chaired most of these events.
TOWN BOARD, TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
DESIGNATING INSURANCE AGENT
FOR THE TOWN OF WAPPINGER
The following Resolution was offered by SUPERVISOR PAINO who
moved its adoption:
RESOLVED, that Marshall & Sterling, a general insurance agent
doing business in the Town of Wappinger, Dutchess County, New York
36
be and it hereby is designated as the Insurance Agent for this Town.
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
Mr. Reis requested that Marshall & Sterling be notified that the
Town would like to have complete, up-to-date records provided for
the Town's files.
The appointment of a Certified Public Accountant was also tabled
at the Reorganizational Meeting and now placed before the Board for
their consideration. Mrs. Paino noted that two other individuals
were interested in quoting amounts to the Town Board for their services.
Richard Oberst submitted a bid, but withdrew it two weeks later due to
a possible conflict with Sedore & O'Sullivan, the present CPA's for
the Town. A proposal was received from Mark Fitzgerald on completing
annual financial report, however the proposal was not complete in that
the remainder of the work to be done was not addressed; the only
complete proposal was received from Sedore & O'Sullivan.
TOWN BOARD, TOWN OF WAPPINGER
COUNTY OF DUTCHESS, NEW YORK
APPOINTING CERTIFIED PUBLIC
ACCOUNTANT TO AUDIT THE ACCOUNTS
AND REPORTS OF THE SUPERVISOR,
TOWN CLERK AND TOWN JUSTICES
FOR THE YEAR 1987
The following Resolution was offered by SUPERVISOR PAINO who
moved its adoption:
RESOLVED, that Sedore & O'Sullivan, Certified Public Accountants,
be and they hereby are retained to audit the accounts and reports of
the Town Supervisor, the Town Clerk and Town Justices for the year
1987, and it is further
RESOLVED, that the said accountants receive reasonable compensation
for the productive services which he shall render to the Town in this
connection.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
Mr. Valdati noted that this proposal was just placed before them
for this meeting. During the course of the year, the Board must
consider many appointments to fill vacancies for Town business. It
would seem reasonable to him that the Board Members should be able
to peruse resumes, or in this case, a proposal, prior to voting on
said matter.
MR. VALDATI moved that any future applicants for any position under
37
the auspices of the Town Board (including voluntary positions),
provide a resume to the Town Board prior to the Tuesday (Agenda
preparation and mailing) before the meeting at which the appointment
will be considered by the Board.
Seconded by Mrs. Paino
Motion Unanimously Carried
At the Reorganizational Meeting, Mrs. Paino made her appointment to
the Board of Ethics, the other Members of the Board chose to table
their appointments to this meeting.
Mr. Valdati offered the name of Richard Kosowski
P.O. Box 125
Chelsea, N.Y.
Mr. Reis offered the name of Robert De Shong
Pine Ridge Dr.
Mr. Farina offered the name of Rev. Brent Averill
253 Myers Corners Rd.
Mrs. Smith offered the name of Barbara McCormack
11 Partners Road
A letter of resignation was received from Constance Smith from her
position as Town Historian. Mrs. Smith recommended that Brenda
Von Burg be appointed as her successor; she is a life time resident
of Wappinger and interested in the Town and its history. Mrs. Von Burg
has a good rapport with the youth and Mrs. Smith pointed out that the
Historian is often called on to work with the youth.
Mrs. Paino thanked Connie on behalf of the Town of Wappinger for the
outstanding job she has done for the Town, forever. The Town Clerk
was requested to draft a letter of thanks to Connie from the Town
Board for the caring, thoughtful, professional job she had done for
this Town over the past eleven years.for every function that the
Town has been involved in.
Mrs. Smith noted that she would still be in involved in the Celebrations
of the Town.
Mrs. Paino asked that a resume be provided for Mrs. Von Burg and
tabled the appointment to a future meeting.
MRS. PAINO moved to table appointments for the Board of Architectural
Review and the Conservation Advisory Council.
Seconded by Mr. Farina
Motion Unanimously Carried
38
The Town Board also received a resignation from Victor Fanuele,
member of the Planning Board; his term expires February 1st, 1991.
Mrs. Paino requested that a letter of thanks be sent to Mr. Fanuele
for his services to the Town.
MRS. PAINO requested that this appointment to the Planning Board
be placed on the Agenda for the first meeting in February.
Seconded by Mr. Farina
Motion Unanimously Carried
A request was received from Central Hudson for authorization to
repair and/or replace street light fixtures within the Town.
MRS. PAINO moved to authorize the replacement and/or repair of these
fixtures within the Town of Wappinger and authorize the Supervisor
to sign the agreement.
Seconded by Mr. Farina
Motion Unanimously Carried
MRS. PAINO moved to table the Resolution on the Highway Pay Scale.
Seconded by Mr. Farina
Motion Unanimously Carried
The next item related to the procedure to designate Green Fly Swamp
as a critical environmental area which requires the designation of
a lead agency.
The following Resolution was offered by SUPERVISOR PAINO who moved
its adoption:
WHEREAS, on November 19, 1987, at a Workshop Meeting of this
Town Board, a presentation was made by the Conservation Advisory
Council with respect to the Green Fly Swamp area of the Town of
Wappinger, located on Route 9 and,
WHEREAS, It was the consensus of the Town Board following
said presentation that Green Fly Swamp area should be considered
a designation as a critical environmental area, and
WHEREAS, in accordance with the rules of the Department of
Environmental Conservation, the first step in the process of
considering designating an area as a critical environmental area,
is to establish a Lead Agency and,
WHEREAS, it is the determination of this Board that the Town
Board would be the best agency to be the Lead Agency,
NOW THEREFORE, BE IT RESOLVED, that the annexed notification
of Lead AGency designation be forwarded by the Attorney to the Town
of Wappinger to all of the interested agencies listed thereon, and
39
BE IT FURTHER RESOLVED that 30 days thereafter, on or before
February 29, 1988, if no objections be filed that the Town Board of
the Town of Wappinger will be the Lead Agency with respect to the
Green Fly Swamp critical environmental area designation process.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Paino requested that Attorney Thomas Wood be notified of the
approval of this Resolution.
The Engineer had forwarded a request for a Change Order regarding
The Edgehill Hilltop Drainage Project, Section C to the Town Clerk
and the Town Board. The Board Members had not received this
correspondence prior to the meeting, however Mrs. Snowden received
the letter and explained the Change Order. It seems that the other
drainage projects in this area presented no problem, however, in this
area they ran into rock. Mr. Paggi elaborated on the situation and
informed the Board that the rock will have to be removed to achieve
the proper grading. The actual amount of the Change Order will be
determined by the actual amount of man hours and equipment hours
and it will not exceed the amount approved by the Board for this
contract.
MR. REIS moved to approve the Change Order for the Edgehill Hilltop
Drainage Project, Section C, for an amount not to exceed $10,000.00.
Seconded by Mrs. Smith
Motion Unanimously Carried
A request was received from Judge Francese for a transfer from line
item #00-01-1110-40 (Contractual Expenses) to line item 23-01-1110-10
(Stop D.W.I.) to cover expenses incurred in this account until the
allocation is received for this year for that program. (Amt. $3,000.00)
MRS. PAINO moved to approve the transfer requested by Judge Francese.
Seconded by Mr. Farina
Motion Unanimously Carried
Unfinished Business ---
A response was received from the New York State Department of
Transportation regarding correspondence sent to them on May 20, 1987
requesting that they prohibit standing and/or parking along the east
side of Route 9, south of Old Hopewell Road to alleviate traffic
problems at the new car wash at that site. It reads as follows:
40
December 28, 1987
Re:
Intersection Control
Route US 9 (SH 5154)
Mobil Car Wash
Town of Wappinger
Dear Ms. Snowden:
As you recall on 5/20/87, you wrote the Department requesting that
we prohibit standing and/or parking along the east side of Route 9,
south of Old Hopewell Road to eliminate the queueing of vehicles
destined for the new car wash, located in the southeast quadrant.
Since 1985 we have reviewed several different proposals submitted
to us by the Town Zoning Board of Appeals and have recommended
that any approvals granted by the Town be contingent upon the
applicant obtaining a Highway Work Permit from the Department.
Consequently, we have been awaiting further direction from the
owner prior to acting on your request. However, since we have not
received any update, we recently responded to concerns of the County
Department of Public Works for the traffic conditions in this area.
Although the Town Planning Board received a copy of our letter, we
are attaching copies for the Town Board's information. You will
note that we are still urging that access modifications be undertaken
at this site.
Without the necessary access improvements, it is questionable what
benefits would be achieved by prohibiting parking along Route US 9.
Consequently, at this time, we are not in favor of placing any
additional traffic control devices in this area.
We trust we have adequately stated the Department's position in this
matter, but if we can be of further assistance, please advise.
s/ J.W. Wickeri
Civil Engineer
The Zoning Administrator noted that the decision on which the grant
was written was that they would not allow parking along Route 9,
however the latest word is that the car wash is not going to be
built.
Permission for the Highway Superintendent to go to bid on three
sanders was tabled at the Reorganizational Meeting for further
discussion.
MRS. PAINO moved to authorize the Highway Superintendent to go out
to bid for three sanders for his department.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Farina had one more Committee Report under Budget and Finance.
Dutchess County distributed tax rates for 1988 and for the benefit
of the Town of Wappinger they will be happy to know that our Town Tax
is the lowest in the area. For comparison the same property in the
Town of Poughkeepsie, the Town portion if 62% higher, Town of Fishkill,
it is 40% higher, the Town of East Fishkill is 27% higher; the County
41
tax for property in the Town of Wappinger is 80% higher than our
Town Tax. He commended the Supervisor and Comptroller for holding
down the expenses in 1987 and making 1988 taxes in this Town the lowest
in the area.
As Chairman of the Budget and Finance Committee, Mrs. Paino thanked
Mr. Farina for working with them to achieve this.
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 9:07 P.M.
Reg. Mtg. 1/19/88
Elaine H. Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of Wappinger
on January 19, 1988, at the 'Town Hall, Middlebush Road, Town of
Wappinger, Dutchess County, New York, on a proposed Local Law on
Stop Signs at various intersections with Kent Road.
Supervisor Paino opened the Hearing at 7:20 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
Mrs. Paino asked those present if they had any comments to offer
either for or against this proposed Local Law, or if they had any
questions on the purpose of this Law.
There were no comments or questions from the audience.
MR. REIS moved to close the Hearing, seconded by Mr. Valdati and
unanimously carried.
The Hearing closed at 7:22 P.M.
I
Quit_
laine H. Snowden
Town Clerk
i
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
-OCEASETAKE NOTICE that the Town
Board of the Town of Wappinger win. con-
JnaYu1^9on the 19th d
Jaur� at 75 P.M. in theTown
HMI, 20 Middlebush Road, Town of WapP-
Inger, New York, to consider the adoption
of a Local Law of 1988, authorizingw at the
re-
quiring the installation of Stop•S�
intersections of various roads with Kent
vin ive, Plaza Road, Er-
vin D On INO and Central Avenue, in the Town
of Wappinger.
The complete text of the proposed Local
Law s available at the Office of the Town
re -
Clerk of
and all ipersons i hing tnger or o be
heard on the proposed Local Law should
be present at the abe.
ove date
and
TOWN CLERK
TOWN OF WAPPINGER
Dated: January 8, 1989
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Gisela.Schmitz of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the ..Bookkeeper
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for .one.. .weeks
successively in each week, commencing on the
...13.th. day of ....Jan, 1988. and on the
following dates thereafter, namely on
and ending on the ....lath. • • day of
198.8.. both days inclusive.
i
Jan,.•
1
Subscribed and sworn to before me
this 13th day of January 19.1!
Notary Public
My commission expires
RACHEL WISHART
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIED IN DUTCI1EES COLIMYY
COMMISSION EXPIRES MIF H 31, 15 9-8
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
AFFIDAVIT OF
IN THE MATTER POSTING
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW AUTHORIZING
STOP SIGNS AT INTERSECTIONS OF
VARIOUS ROADS WITH KENT ROAD
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on January 6th, 1988, your deponent posted a
copy of the attached notice of Public Hearing on a proposed
Local Law to Install Stop Signs at Intersections of Various
Roads with Kent Road, on the signboard maintained by your
deponent in her office in the Town Hall of the Town of
Wappinger, Middlebush Road, Town of Wappinger, Dutchess
County, New York.
Sworn to before me this
day of &ty-
auk c
Elaine H. Snowden
Town Clerk
Town of Wappinger
Notary Public
CECILE S. HAWKSLEY
NOTARY PUBLIC, STATE OF NEW YORK
NO. 48E6032
GUAUF1ED IN DUCHESS COMM rr,
COIAGSSION WIRES AUG. 4, 19-4.4