Loading...
1987-10-19 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING OCTOBER 19, 1987 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. Oct. 5, 1987 4. REPORTS OF OFFICERS; Hydrant Report 5. PETITIONS & COMMUNICATIONS a. Mr. & Mrs. Lucas re: Drainage on their property (Myers Corners Rd.) b. Town of Fishkill - Notice to involved & interested Agencies re: erecting New Town Hall c. Michael Hirsch re: Sewer backup claim (Oakwood) d. Resignation of Matthew Landi from Cons. Adv. Council e. Report from J. Paggi, Eng. to Twn, re: Bugbee (Tree, etc. growth at intersection of Montfort and Larissa, obstructing site distance for traffic) f. Town Clerk served with Summons & verified Complaint from N.Y.S. & Thos. Jorling, Commissioner, Environmental Conservation, State of New York vs Town of Wappinger & Irene Paino, Supervisor 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Accept Stage Door as Town Road b. M & 0 Sanitation - return of Bid Bond (Cash) c. Consider approval of Formation of Ambulance District 8. UNFINISHED BUSINESS a. F. Buyakowski - request to withdraw 1.3 A Parcel from RFSD b. J. Railing request to Hook up additional Bldgs in De Garmo Plaza to CWWIA c. Railside Drive 9. NEW BUSINESS Rudy Breglia,Trustee Village re: Proposal to do Master plan for Wappingers Lake & Creek 10. ADJOURNMENT Reminder: Public Hearing on Ambulance Dist. at 7:00 P.M. 274 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on October 19th, 1987 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 9:10 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Thomas Wood, Attorney Joseph E. Paggi, Jr. Engineer Kenneth Croshier, Highway Superintendent The meeting started with the Pledge of Allegiance to the Flag and a momemt of silent prayer for the Town of Wappinger and its residents. The Minutes of the Regular Bimonthly Meeting of October 5, 1987, having previously been forwarded to all Board Members, were now placed before them for their consideration. MRS. VISCONTI moved that the Minutes of the October 5th, 1987 Meeting be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Farina Motion Unanimously Carried The Hydrant Report was received for the month of September. MR. VALDATI moved to accept this report and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried Petitions & Communications --- Mrs. Lucas, 281 and 285 Myers Corners Road, had requested to be on the Agenda regarding a drainage problem on her property, but was not present to address the Board. A Notice to Involved and Interested Agencies, pursuant to S.E.Q.R. regulations, was received from the Town Board of the Town of Fishkill regarding their intent to build a new Town Hall. MR. REIS moved to receive this Notice and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried 275 A letter was received from Michael Hirsch, 11 Roberts Road, regarding expenses incurred from a sewer backup on Monday, October 5th, 1987. Correspondence was also received from Jim Tremper, Maintenance Mechanic from Camo Pollution Control indicating that the blockage was found to be on the towns side and resulted from a power outage at the pump station on Roberts Road. MRS. PAINO moved to forward copy of Mr. Hirsch's claim to the insurance firm of Marshall & Sterling, agents for the Town, for their review and consideration. Seconded by Mr. Farina Motion Unanimously Carried A resignation was received from Matthew Landi as a member and the Chairman of the Conservation Advisory Council. Mr. Landi was present and requested that this correspondence be withdrawn from the Agenda. MRS. PAINO moved to withdraw the letter of resignation from Mr. Landi from the Agenda. Seconded by Mr. Farina Motion Unanimously Carried A report was received from the Engineer relative to a complaint by Mr. Bugbee of hedges and trees obstructing the site distance at the intersection of Montfort Road and Larissa Lane. Mr. Paggi had visited the site and agreed that on the southeast corner shrubs and tall trees do impair the site distance; it appeared to him that this growth is in the Town right-of-way and if this is the case, recommended that the Highway Department clear the growth from that intersection. The Highway Superintendent was requested to investigate the situation. Mrs. Paino requested that a letter be directed to Mr. Bugbee indicating that the obstructions will be removed from the site if it is determined that it is on the Town Right -O -Way, as recommended by the Engineer. The Town Clerk was served with a summons from the State of New York and Thomas C. Jorling, Commissioner of Environmental Conservation. The Attorney to the Town, Thomas Wood, explained that this is an enforcement procedure commenced by the D.E.C. with respect to the Town taking the necessary steps to remedy excess discharge from the Oakwood Knolls Sewer Treatment Plant. Since the Town is already addressing this matter thru the S.E.Q.R.A. process on the three 276 alternatives specified in the Wastewater Treatment Facilities Plan, it appears that they will be receptive to working out a time table to remedy the problem according to Mr. Wood's conversation with the Attorney General. He will apprise the Board of future developments on this matter. MRS. PAINO moved to authorize the Attorney to continue with the legal requirements, as set by the State in this action. Seconded by Mr. Farina Motion Unanimously Carried Committee Reports Neither Mr. Valdati nor Mr. Reis had reports for this meeting. MRS. PAINO moved to set the date for the Preliminary Budget for 1988 for November 5, 1987 at 8:00 P.M. at the Town Hall. Seconded by Mr. Reis Motion Unanimously Carried Mr. Farina had no reports on his committees, but noted that Assemblyman Warren has stated that he is seeking aid for expenses incurred by the highway departments of the towns in his district. Since our Highway Department also has excessive manhours for the cleanup, he felt that our Town should seek aid to defray cost of cleanup due to recent snow storm. MR. FARINA moved to direct a letter to Assemblyman Stephen Saland requesting that he seek state aid to assist the Town on expenses incurred by the Highway Department due to the storm cleanup. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Paino added that she has submitted Highway payroll figures projected to October 23, 1987, provided by the Highway Superintendent, to the Office of Disaster Preparedness. Mrs. Visconti had no committee reports for this meeting but she wished to discuss meetings she felt should be open to the public, specifically budget discussions which have been held the last two weeks. During conversations with officials of other towns, she learned that they do not invoke executive sessions on budget hearings with department heads. It is her understanding that the only items to be heard at executive sessions are personnel MRS. VISCONTI moved to department heads. Seconded by Mrs. Paino matters and contract negotiations. conduct open meetingsT.on_bud-get--beatingt with: Motion Unanimously Carried 277 Upon seconding this motion, Mrs. Paino noted that the notices of budget work shops sent to the new media, Town Board and pertinent department heads, it clearly states that executive session will be held on the portions of the hearings relating to personnel matters, salary negotiations and in the case of the Highway Department, the contract with the C.S.E.A., pursuant to the Open Meetings Law. This is the policy that has been followed previously and if it is Mrs. Visconti's wish to put this into a motion, she had no objections and would second the motion. Resolutions --- At the last meeting the acceptance of Stage Door Drive as a Town Road was tabled pending the recommendation of the Highway Superintendent. Mr. Croshier's recommendation of acceptance has been received and all documents are in proper form and content. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that the recommendation of the Highway Superintendent be accepted, and Stage Door Drive in the Montfort -Nestler Subdivision, be accepted as and for a Public Road in and for the Town of Wappinger. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays Another item tabled from the last meeting was the request of M & 0 Sanitation to withdraw their bid on Sludge Removal and return their Bid Bond. The Attorney had reviewed the matter and explained that this bid was the only one received for Sludge Removal and the company does have some responsibility to the Town. He recommended that he and the Engineer meet with a representative from M & 0 to discuss the matter and make a further recommendation to the Board at their next meeting. A Public Hearing having been held by the Town Board on October 19th, 1987 on a proposed Ambulance District, the matter was placed before them for their consideration. It was brought forth at the Public Hearing by residents of the Chelsea area that they are presently being serviced by volunteers of the Beacon Fire District at no charge to them. When this fact was disclosed Councilman Reis requested the Attorney to check into this matter as it was not the intent of the Board to charge these residents for a district 278 when they are presently enjoying a free service. MRS. PAINO moved to table action on consideration of the establishment of an Ambulance District, pending Attorney's review and recommendation. Seconded by Mr. Farina Motion Unanimously Carried Mr. Buyakowski's request to withdraw from the Rockingham Farms Sewer District was also tabled at the last meeting and referred to the Attorney for review and recommendation. Mr. Wood explained to Attorney Daniel Curtin that if the Town Board did consider this request, a public hearing would have to be held. He recommended that a meeting be held with Mr. Buyakowski and his Attorney to determine if there is an alternative to the withdrawal. Mrs. Paino agreed to schedule a work shop meeting to discuss the pros and cons involved in this matter. A request from Jack Railing to connect the additional stores in the De Garmo Plaza to Central Wappinger Water Improvement Area was referred to the Engineer at the last meeting. In his report to the Board he indicated that the district can supply the additional water service and recommended approval of Mr. Railing's request. MR. VALDATI moved to approve water service to the De Garmo Plaza expansion from Central Wappinger Water Improvement Area, at the recommendation of the Engineer to the Town. Seconded by Mr. Farina Motion Unanimously Carried The concept of Railside Drive was placed on the Agenda for the Town Board's consideration having been tabled at the last meeting pending receipt of input from pertinent Town agencies. Mrs. Paino noted that a work shop has been schedulcdfor November 12, 1987 at 7:30 P.M. %we and asked if anyone wished to comment on the matter. Mr. George Urciuoli quoted from the October 8th, 1987 meeting of the Dutchess County Planning Board which declared their position on Railside Drive and coincides with that of the State. They concluded that further consideration of the proposal should be set aside at least until the Route 9 corrider study is completed; their determination was based on the study of environmental consequences combined with substantial costs to the taxpayer. They also stated that the riverfront highway concept should not be included in the 279 in the Dutchess County Master Plan; the shoreline area should be primarily preserved for recreational and open space and low and medium density residential uses. In view of these statements, he saw no reason to continue discussion on the proposal. MR. REIS moved that the concept of Railside Drive not be given further consideration at this time. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Visconti wished to discuss it further and stated her position that Railside Drive is not in the best interest of the hamlets of Chelsea and Hughsonville; if it was considered, the hamlets were to remain undisturbed. The fact still remains that Mayor Synnett wants the same for the Village as the residents of the hamlets want for their area and she has suggested to him, and the Town could add their support, that the State allow that Route 9D from the Beacon/Newburgh Bridge be designated for passenger cars only and further, that in the Village pedestrians have the right-of-way. She added that the hamlet residents could support these itemsuand help their'neighbor. Mayor Synnett was recognized by the Chair and stated that invitations have been sent to Mayors, Supervisors, Planning Board and Zoning Board Chairmen, also County Officials, to attend a meeting at the Village Hall on November 4th, 1987 at 7:00 P.M. with State Representatives to discuss the present traffic problems and future congestion as a result of the planned reconstruction of Route 9 scheduled in March of 1988. In seconding the motion Mrs. Paino noted that she was well aware of the traffic conditions in the Village , however on the other hand, she did not want to disturb the character of the hamlets in the Town which could very well happen should Railside Drive become a reality. Mrs. Paino recognized Rick Kosowski, resident of Chelsea, who referred to activity in Chelsea that could very well alter the area and asked what the Town was doing about it. He provided more specific details when requested, noting that bulldozers were presently on the Passionist Monastery property and Class B streams have been blocked in that area. Mrs. Paino responded that she had received a complaint and the Zoning Administrator visited the site and reported that the bulldozers were digging deep test pits; at this point the Engineer interjected that if deep testing was being done, it was probably to 280 test the soil and this does not require a permit, however if the soil was being removed a permit must be obtained from the Zoning Administrator, pursuant to the Town's Soil Erosion and Sediment Control Ordinance. As a point of information, Mr. Kosowski referred to a rumor that one of the owners of the Chelsea Ridge Apartments is purchasing this property which consists of 102 acres southwest of the complex and Mr. Silver, who is connected with Mr. Rosenberg owns 83 acres northwest of the complex adding up to 185 acres to the south and north of Chelsea Ridge. Mr. Urciuoli, resident of Chelsea and Chairman of the Town Zoning Board of Appeals, told the Board that they should go down to the area and see what's happening and they would understand why these residents are concerned; construction has already started in Fishkill on River Road South past Castle Point which is rumored to be a 58 unit housing project plus 250 condos; put this together with the 185 acres they previously spoke of and this could change the hamlet. Another resident, Shirley Mathews proposed that the Town establish a policy to protect the hamlets when apartment complexes are proposed; set up a historic with specific restrictions and include a buffer zone; if district such a policy was voted by the Board the residents would not have to fight each time apartments are proposed. The Attorney to the Town was requested to follow through on this proposal by Mrs. Paino. In regard to the activity in that area, it was agreed that the Engineer, Mrs. Paino, Mr. Reis, Mr. Urciuoli would visit the site to determine what was happening and if there were violations. The Zoning Administrator was out of town at a conference and would follow through on the proper procedures, if it was deemed necessary. On another subject relating to the same area, discussion started on action taken by the Town Board to reduce the assessment on the Chelsea Ridge Apartments. It was stated by one of the residents present that this caused a financial burden to the Chelsea residents. Mr. Reis, as Councilman for that area, explained that this involved a Tax Certiorari served on the Town by Chelsea Ridge and two other commercial properties; the full Board voted on the Consent Order submitted by the Attorney who was defending the matter for the Town. This is the usual procedure followed by those who are grieving their assessment. At this point Mrs. Visconti interjected that this particular assessment was negotiated by the Town Board and she was not a negotiating member. It was also 281 her understanding that a letter accommpanied the refund checks stating that the tenants could thank Mr. Reis and Mrs. Paino; she had nothing to do with this action. It was brought out again by Mrs. Paino that this resolution was voted on by the full Board with the exception of Mr. Valdati who was not on the Board at that time. When the question arose as to what members of the Town Board negotiated this settlement, Mrs. Paino responded that the Attorney to the Town and the Attorney for Chelsea Ridge negotiated the settlement and it was then forwarded to the Town Board for their consideration. There were still questions on who voted on the resolution, who negotiated the settlement and who moved the resolution. At this point, Mrs. Paino called upon Mr. Wood, present Attorney to the Town to explain the tax certiorari proceedings. MRS. PAINO moved for a five minute recess to produce the Minutes of the Meeting when this resolution was placed before the Town Board. Seconded by: Mr. Reis Roll Call Vote: Mr. Farina Aye Mr. Reis Aye Mr. Valdati Nay Mrs. Visconti Nay Mrs. Paino Aye Motion Carried The Meeting recessed at 10:15 P.M. The Meeting was called back to order at 10:23 P.M. and all five Board Members were present. The Attorney explained that once a settlement is arrivelat, it is presented to the Town Board at a public meeting and the majority of the members, in this case, three, must vote affirmatively to approve the settlement. At the request of the Supervisor, the roll call of the Town Board meeting of December 15, 1986, was read by the Town Clerk as follows: "The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on December 15, 1986 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Present: Irene Paino, Supervisor, Vincent Farina, Councilman, David Reis, Councilman, June Visconti, Councilwoman, Elaine H. Snowden, Town Clerk. Absent: Joseph Bracone, Councilman (due to illness)" The pertinent resolution appears on Page 312 of the December 15, 1986 meeting as follows: 282 "A communication was received from William Crane, Attorney representing the Town on three Tax Certioraris, recommending that the Town accept the proposed Consent Order settling these litigations. The following resolution was offered by Councilman Farina, who moved its adoption: BE IT RESOLVED, that CRANE, WOLFSON, ROBERTS & GRELLER is hereby directed to execute a Consent Judgment in the form annexed, settling the following tax certiorari proceedings against the Town of Wappinger: Imperial Gardens Company, 1983 through 1986; Imperial Plaza Partnership, 1986; L. Richard Rosenberg and Sol Silver, 1986, and BE IT FURTHER RESOLVED, that CRANE, WOLFSON, ROBERTS & GRELLER is authorized and directed to settle the above captioned proceeding pursuant to the terms of said judgment. Seconded by: Councilman Reis Roll Call Vote: 4 Ayes 0 Nays Councilman Bracone---Absent" The four Ayes indicate the Board Members present at the meeting -- Supervisor Paino, Councilman Farina, Councilman Reis and Councilwoman Visconti. Following this resolution in said Minutes, the following statement: "Mrs. Visconti requested that the following excerpt of a communication from Assessor Thomas Logan, be included in the Minutes: In the case of Imperial Plaza and Chelsea Ridge, since the tenants and not the landlord are bearing the cost of the increased taxes due to the increased assessment, I would hope in the interest of fairness and justice that the Town Board, should they approve the settlements, would urge the landlords to rebate the extra monies that have been collected". At Mrs. Visconti's request the following letter from Crane Wolfson Roberts & Greller was read into the Minutes: November 20, 1986 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Name of Cases L. Richard Rosenberg & Sol Silver Tax Certiorari: Chelsea Ridge Apts. Our File #8000.4-8000.8 Gentlemen: Enclosed please find a proposed Consent Order settling the above captioned tax certiorari for the years 1986. Basically, the settlement reduces the assessment of the premises by the following formula: 1986 tax roll - the assessment of $3,460,000.00 is reduced to $2,663,000.00. This was done by reducing the appraisal value of $18,703.00 to $14,395.000.00. That figure of $14,395,000.00 when multiplied by the equalization ratio that prevails, 18.5% reduces the assessments to $2,663,000.00. The economic effect of the consent decree of State, County and Town is as follows: 283 1987 land tax will be reduced by 23%. 1986 school tax is reduced from $414,923 to $319,347, leaving refund of $95,576 with interest from date of payment. School taxes up to and including the last school tax bill have been paid to the school district by either the taxpayer or by the Dutchess County Finance Commissioner, so that refunds will have to be made by the school district with 3% interest. This settlement is recommended upon the ground that it is my understanding that this settlement was made by direct negotiations with the Board. It is requested that this letter, together with the enclosures, be placed on the next regular meeting of the Town Board of the Town of Wappinger. I enclose a draft of the substance of this resolution. Very truly yours, s/ William G. Crane In regard to the negotiations on Chelsea Ridge, it was Mrs. Visconti's understanding that this Tax Certiorari is the first one negotiated by the Town Board rather than the Attorney and the Assessor and she asked who was the negotiating team; Mrs. Paino replied that it was the Attorney to the Town who, at that time was Jennifer Van Tuyl and pointed out that all these actions must have a majority vote of the Town Board to be approved. Again Mrs. Visconti asked who negotiated this settlement and insisted that Ms. Van Tuyl had nothing to do with these matters. If this Attorney was involved, she should put it in letter form and make it public. Comments were then made by Mr. Valdati that this should be considered since it is taxpayers' money they are talking about. MR. VALDATI moved that the opinion of Attorney Jennifer Van Tuyl, on this matter, be considered. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Visconti continued the discussion stating that Ms. Van Tuyl was not the Attorney handling these matters, Mr. Crane was and reiterated that she was not part of the negotiating team. When questioned why she voted for the settlement she explained that she was not aware that it was not the usual procedure for the Town Board to be involved with the negotiations; she did vote for it but added the amendment that the tenants be rebated the monies collected. It was news to her when the refund checks accommpanied a letter stating that it was thanks to Supervisor Paino and Councilman Reis ---this, she concluded was not good government. 284 It did not appear to Mr. Reis that anyone was concerned that Imperial Plaza and Imperial Gardens were also reduced and felt they should check that, too. The comments made became repetitious and Mrs. Paino requested that the Agenda continue to the next item. New Business --- Rudy Breglia, Village Trustee and Chairman of the Wappingers Lake Committee was present to address the Town Board on their proposal likre to complete a Master Plan of the Wappingers Creek water system. Their "Mission Statement" included: 1. Investigate and document the environmental problems of Wappingers Lake and its sources and runoff; 2. Recommend potential solutions and assist in their implementation; 3. Seek funding from public and private sources; 4. Propose potential recreational uses. These activities are all directed toward restoring and developing Wappinger Lake, feeder and discharge waters and adjacent areas as a scenic and recreational resource. It was for a PASNY grant been forwarded to Breglia explained and the Wappinger are primarily due their hope that the project would be considered and an application toward this end had previously the Town Board. Continuing his presentation, Mr. that the water system included upstream, downstream Lake. The problems presently existing in the Lake to activities that have taken place upstream in the Wappinger watershed and they will have to be addressed. He pointed out that the Wappinger Creek is the largest in this County, has a watershed of 180 square miles, approximately one quarter of Dutchess County as shown on the map distributed to the Board. His Committee has received a preliminary proposal from Dr. Steve Susa of the IT Corp., consisting of a three tier approach; the first tier would describe steps necessary to form a Watershed Management District, a governmental body representing residents of the towns along the watershed area which will primarily seek funding for protection of the watersheds (such as the Town of Wappinger had done). The second tier would be watershed and lake management plan to address erosion, storm water run off and septic system malfunctions; the lake management program would address immediate goals such as keeping the scenic beauty and recreational potential intact; the third tier would be dredging feasibility study. At the conclusion of his address, Mr. Breglia asked to be notified when the Committee is formed; Mrs. Paino explained that non profit organizations, such as his, 285 will meet to vote on five people to represent them, plus two members who will serve from the Town Board constituting a seven member panel who will operate under the PASNY guidelines. A meeting scheduled in September had to be cancelled and a date in November is anticipated. There was no other business to come before the Board. MR. FARINA moved to adjourn the meeting, seconded by Mr. Reis and unanimously carried. The meeting adjourned at 10:52 P.M. Reg. Mtg. 10/19/87 ,i,ii.s,, Elaine H. Snowden Town Clerk