1987-01-20 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
JANUARY 20, 1987
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEG.IANCE TO FLAG
3. ACCEPT MINUTES Dec. 15th & 30th, 1986 Jan. 2, 1987
4. REPORTS OF OFFICERS:
Town Justices Hydrant Report Receiver of Taxes Ping. Bd. & ZBA
Attendance report for 1986 Bldg. Insp. Dec. Report & Annual Report
5. PETITIONS & COMMUNICATIONS
a. Notice of Public Hearing from T/East Fishkill on Zng Ord. Amendment
b. Sayeed Shah, Pres., Mid Hudson Islamic Assoc, Inc. requesting
waivers of all fees in connection with their various applications
proposed Islamic Church
c. Rob't Geist re: intent of Pizza Hut to submit application for "on
premises Beer License.
d. Residents of Lormar Ct, and Rob't Short, Attny, repres. Thos. Campo
re: Status of Lormar Ct. as Town Road
e. Corr. from J. Miller - M & 0 Sanitation - re: pumping sludge from
the L & A Treatment Plant.
f. Residents from Spookhill Rd. near Old Hopewell, requesting "Childrn
at Play" sign.
g. A. Waddle, Dist. Sect'y of Hughsonville Bd. of Fire Commissioners,
requesting application for funding from NYS Power Authority (Marcy
power line) for numerous fire equipment for Hughsonville Fire Dist.
h. Zoning Bd. of Appeals term of Office expires for A. Caballero 2/1/£7
i. Vacancy on Ping. Bd. (term of Chas. May expired 1/7/87)
j. D. Kriegsman request to attend 11 day Seminar on 1/28 at New Paltz
k. K & A Excavating Contr. Inc. request release of Hamilton Rd. DrainEge
project 5%-1 year retainage
1. Planning Bd. Corr. re: Stage Door Drive
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. consider adoption of Local Law #1-87 Homestead Act
b. Award Bids for Highway Vehicles
c. Accept Schnabl Ct. as Town Road
d. Accept Stenger Ct. as Town Road
e. Introduce Local Laws to change rates for Town Water & Sewer Dists 6
8. UNFINISHED BUSINESS Imp. areas
a. Corr. from T/Plng Bd. & Eng. to Town re: preliminary review of
Contrail rezng. and Lawrence Farm rezng. requests.' --
b. County response re: Cross road signs on All Angels Hill Rd.
9. NEW BUSINESS /� l n
c VAati-brU 'N 1131 1U kae, 1`taAtrer, LGZS AS
10. ADJOURNMENT 6
P/7 �l6`41rnets(C1ASU AS
Reminder: Public Hearing on Local Law - Homestead Act. at 7:15 P.M.
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The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on January 20, 1987, at the Town Hall, Middlebush
Road, Town of Wappinger, Dutchess County, New York.
Supervisor Paino opened the meeting at 7:55 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:
Joseph E. Paggi, Jr. Engineer
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 December 15, 1986, the Year End
Meeting of December 30, 1986 and the Reorganizational Meeting of
January 2, 1987, having previously been forwarded to all Board Members
were placed before them for their consideration.
MR. FARINA moved that the above stated Minutes be and they are hereby
approved, as submitted by the Town Clerk.
Seconded by Mr. Reis
Motion Unanimously Carried
Reports were received for the month of December from the Town
Justices, Hydrant Report, Receiver of Taxes, Zoning Administrator,
Building Inspector, also Planning Board and Zoning Board of Appeals
Attendance Report for 1986 and the Building Inspector's Annual Report.
MR. REIS moved to accept the above stated reports and place them on
file.
ihe Seconded by Mr. Farina
Motion Unanimously Carried
Petitions & Communications ---
A Notice of Public Hearing was received from the Town of East Fishkill,
relating to an Amendment of their Zoning Law to provide Subdivision
Recreation Areas. The Hearing will be held at the Town Hall on
Route 376 on January 29, 1987 at 8:00 P.M.
MR. FARINA moved to receive this notification and place it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
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A letter was received from A. Sayeed Shah, President of the Mid -Hudson
Islamic Association, requesting a waiver of fees for the construction
of their Islamic Church, a non-profit organization. This waiver
would include fees for the Special Use Permit, Site Plan Review
and Building Permit.
MR. REIS moved to waive the fees related to the construction of
the Islamic Church and notify Mr. Shah of this action.
Seconded by Mr. Valdati
Motion Unanimously Carried
Two notices of applications for beer licenses were received ---the
first from Robert Geist, President of Pizza Huts of Dutchess County
Inc., for their restaurant located at 141 Route 9; the second from
Attorney Gerard Comatos, representing R.S.F. Inc., presently operating
as D.J.'S Deli on New Hackensack Road.
MR. FARINA moved to place these notifications on file with no comment.
Seconded by Mr. Reis
Motion Unanimously Carried
A letter was received with signatures of several residents of
Lormar Court and one from Attorney Robert G. Short, with the firm of
Hankin, Hanig & Stall, expressing their concerns on the status of
this road as a Town Road.
Mrs. Paino gave a brief background of this road for the benefit of
the residents present and the Town Board Members who were not familiar
with the situation. The original developer was Lormar Development
Corp., the principal was Rudolph Lapar. A maintenance bond was tendered
in the amount of $30,000, but allowed to expire a few years ago. In
May of 1986, Mr. Lapar offered $30,000 to the Town if they would accept
the road. At that time the Engineer indicated that completion of this
road could cost anywhere from $90,000 to $120,000. Mrs. Paino learned
through the Attorney that the Town could not expend the taxpayers'
money to complete this road. The other alternative would be to charge
the residents of that road monies in excess of $30,000 and this, she
felt would be a hefty burden to put on these people. Part of the
problem was solved when Mrs. Paino and the Engineer conferred with
a developer who had purchased some of the lots and persuaded him to
complete a portion of the road. At the direction of Mrs. Paino, the
Attorney and Engineer contacted Mr. Lapar and his Attorney and learned
that the offer of $30,000 still stood (the amount of the original bond)
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since the $30,000 is availab]e,Mrs. Paino conferred with the Highway
Superintendent who agreed to utilize this money and complete the
road. This means that the Town can accept the road, the residents
will be provided with maintenance of the road, school bus service
and mail delivery.
MRS. PAINO moved, at the recommendation of the Attorney to the Town,
the Engineer to the Town, and the Highway Superintendent, that the
Town accept the sum of $30,000 from Rudolph Lapar which will be
utilized by the Highway Department to complete Lormar Court, and
in return the Town will accept Lormar Court and grant a general
release to Rudolph Lapar.
Seconded by: Mr. Reis
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Paino requested that a copy of this resolution be forwarded
to the Attorney to the Town, the Engineer to the Town, the Highway
Superintendent, Rudolph Lapar and his Attorney, Harold Reilly.
Her next request was to forward a letter to the new Superintendent
of the Wappinger Central School, referencing the resolution and
request him to consider providing bus service on Lormar Court.
The residents of Lormar Court are concerned over the safety of
their children who presently stand on the corner of Myers Corners
Road for their bus.
Mrs. Paino directed that a letter be sent to Commissioner James
Spratt, Dutchess County Department of Public Works indicating that
the residents of Lormar Court would like a traffic light installed
at the intersection of Lormar Court and Myers Corners Road, for the
safety of the residents of the area.
As a point of information, the Attorney to the Town expects that
the amount of $30,000 from Mr. Lapar will be forwarded to the Town
within two weeks. In the intermim, our Engineer has learned, through
contact with Mr. Lapar that he will continue the maintenance of this
road until the Town accepts said road.
A letter similar to that sent to the Wappinger Central School District,
should be forwarded to the Postmaster indicating that the Town will
be accepting Lormar Court and request that they provide postal service
to that road.
Mrs. Paino asked the residents from Lormar Court if they had any
comments they wished to make, however, they were satisfied with the
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actions taken by the Town Board and had no other comments to make.
The following letter was received from M & 0 Sanitation:
December 22, 1986
To Wappingers Town Board:
M & 0 Sanitation will no longer pump the L & A Treatment
Plant due to the dangerous situation of traffic, unless we are
provided with adequate road protection.
Our man has almost been killed several times, plus the
trucks have been run off the road.
We have no legal right in the road directing traffic.
Traffic control is up to you.
Sincerely,
s/ J. Miller
Mrs. Paino commented that she had been in correspondence with Mr.
Miller and has contacted Mike Tremper from Camo Pollution Control
who verified that the firm was still pumping from the L & A
Treatment Plant.
MRS. PAINO moved to direct a letter to M & 0 Sanitation indicating
that when the company accepted the bid for sludge removal from the
Town of Wappinger Sewer Plants, they accepted the responsibilities
that went along with the contract, therefore the Town Board expects
the firm to continue the sludge removal, under the terms of the
contract, otherwise the award of this bid to their firm will be
considered null and void.
Seconded by Mr. Farina
Motion Unanimously Carried
A letter was received from several residents of Spook Hill Road
requesting that a "Children At Play" sign be placed on this road
toward Old Hopewell Road as they are concerned about the safety
of their children due to the speeders using the road.
The Town Clerk noted that this letter had been forwarded to the
Highway Superintendent and he has notified her that this sign was
installed, as requested on January 14, 1987.
Mr. Farina added that the Highway Superintendent also placed a
similar sign on Brown Road on the same date.
MR. FARINA moved to receive the correspondence and place it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
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Arthur Waddle, District Secretary to the Hughsonville Fire District
wrote to the Town Board requesting an application or instructions
relating to funds offered by the New York State Power Authority
for certain projects within the townships that the MARCY power line
passes through. Mr. Waddle enclosed a list of fire equipment and
the cost that the requested funding would be used to purchase.
MRS. PAINO moved to forward a letter to Mr. Waddle indicating that
the Town will be forming a committee to review the various requests
received for this funding and his correspondence will be placed in
a special file to be considered by this panel.
Seconded by Mr. Reis
Motion Unanimously Carried
A vacancy will exist on the Zoning Board of Appeals as of February 1,
1987 when the term of Angel Caballero expires; the matter was placed
before the Town Board for their consideration.
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
RESOLVED, that Alberta Roe, be and she hereby is appointed
as a member of the Town of Wappinger Zoning Board of Appeals to
fill the vacancy which has occurred due to the expiration of the
term of Angel Caballero, and it further
RESOLVED, that the said Alberta Roe is hereby appointed to the
said Zoning Board of Appeals for a term which shall expire February 1,
1992.
Seconded by: Councilman Reis
Roll Call Vote: Councilman Farina Aye
Councilman Reis Aye
Councilman Valdati Nay
Councilwoman Visconti Nay
Supervisor Paino Aye
Resolution Duly Adopted
Prior to the vote, Mrs. Visconti wished to discuss the appointment
and requested to open the floor in view of the fact that this procedure
was followed when the Chairman of this Board was appointed. It was
her understanding that the members of the ZBA recommended that Mr.
Caballero be reappointed and she asked why he was not being considered
for this seat.
Mrs. Paino responded that the ZBA had not forwarded a recommendation
for this appointment to the Town Board.
Mr. Valdati commented that he had contacted Charles Cortellino and
Michael Hirkala, members of the ZBA regarding this appointment and
both spoke highly of Mr. Caballero and recommended that he be reappointed
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as a member of this Board. Mr. Valdati was also in
Caballero's reappointment as he had observed him at
at which time he acted in a professional manner and
favor of Mr.
a ZBA meeting
was well qualified
to perform the duties of this Board. He would have liked to have the
opportunity to nominate this person for reappointment to the ZBA and
open the floor for discussion so all could have their input.
Charles Cortellino, member of the ZBA, spoke of the qualifications
of Mr. Caballero and noted that both he and Mr. Landolfi, another
member of the ZBA, felt he should be on board again.
Mr. Hirkala concurred with Mr. Cortellino, felt it was a big mistake
to replace Mr. Caballero, noting that his expertise
missed.
The vote was then taken and Mrs. Paino
will be sorely
commented, when casting her
affirmative vote, that Alberta Roe was well known by the Town Board
as she has attended meetings for several years; she is aware of and
interested in the activities of the Town; furthermore, the residents
of the Town have indicated that they would like to see a change on
the ZBA.
Mrs. Visconti countered that seven or ten residents, out of a
population of 28,000, does not justify that the Town Board should do
the bidding of these seven people. Appointment, she continued, should
not be run by a minority of the people ---if this is the case, they
should be elected and there should be a referendum for every item
that comes before this Board.
Mrs. Paino concluded this discussion stating that as the Supervisor
of this Town, elected by the residents, it is her duty to abide by
the wishes of the majority and it was far more than several residents
who wanted a change on the ZBA.
The next item placed before the Board for their consideration was
the appointment of a member to the Planning Board. Mr. May declined
a reappointment to the Board when his term expired on January 7, 1987.
Mrs. Visconti moved the name of Margaret Curtis as a member of the
Planning Board, seconded by Mr. Valdati for the purpose of discussion.
Mr. Valdati noted that the Planning Board had forwarded a letter to
the Town Board listing names they considered viable candidates to
their Board. Margaret Curtis has been a member of the Citizens
Advisory Committee and voluntarily provided her services to the Town.
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It was his opinion that a voluntary position, which precludes
payment for services, exemplies a person's desire to work diligently
for the Town. Mrs. Curtis is interested in becoming a member of the
Planning Board and he felt she should be considered to function on
that Board.
Roll Call Vote:
Councilman Farina Nay
Councilman Reis Nay
Councilman Valdati Aye
Councilwoman Visconti Aye
Supervisor Paino Nay
Motion Defeated
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
RESOLVED, that Francis Patterson, be and he hereby is appointed
as a member of the Town of Wappinger Planning Board to fill the
vacancy which has occurred due to the expiration of the term of
Charles May, and it is further
RESOLVED, that the said Francis Patterson is hereby appointed
to the said Planning Board for a term which shall expire January 7,
1994.
Seconded by: Councilman Reis
Roll Call Vote:
Councilman Farina Aye
Councilman Reis Aye
Councilman Valdati Nay
Councilwoman Visconti Nay
Supervisor Paino Aye
Resolution Duly Adopted
Upon nominating Mr. Patterson, it was noted by Mr. Farina that
Mr. Patterson has been a resident of the Town for the past ten years
supports good planning and the Open Space Ordinance and is aware of
the problems of the Town relating to water, sewer and highway.
When casting her negative vote, Mrs. Visconti pointed out that the
name of Francis Patterson was not on the letter of recommendation
received from the Planning Board. Mrs. Paino added the fact that
the Planning Board indicated that the names forwarded to the Town
Board were not recommendations but merely listing names for this
Board's consideration.
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A request was received from the Building Inspector to attend a day
seminar on Energy Conservation Construction Code at New Paltz on
January 28. 1987.
MR. REIS moved to grant permission to the Building Inspector to
attend this seminar conditional upon being mandated by the State,
and if so, his legitimate expenses will be a Town charge.
Seconded by Mr. Farina
Motion Unanimously Carried
A request was received from K & A Excavating Contr. Inc., for the
release of their retainage fee in the amount of $2,405.03 on the
Hamilton Road Drainage Project which they started about two years ago.
The Engineer explained that with the exception of the finalization of
the paving, the project is completed. The contractor has indicated
that if it is agreeable the Highway Department can complete the
paving and deduct the cost from the contract. The Highway Superin-
tendent has agreed to complete the work and the fee requested is
the proper amount to release.
MRS. PAINO moved to approve the release of $2,405.03 to K & A
Excavating Contr. Inc. which represents the retainage fee on the
Hamilton Road Drainage Project.
Seconded by Mr. Farina
Motion Unanimously Carried
Correspondence was received from the Planning Board concerning the
fact that Stage Door Drive has not been accepted as a Town Road.
The Town Board had a work shop relative to this matter back in
September with the Engineer and the developer and at that time the
Engineer had concerns regarding the cul-de-sac and the Town right-
of-way.
The Engineer reported that since that work shop he has requested
the developer that a permanent cul-de-sac be formed at the end of
this road with the appropriate right-of-way being taken by the Town,
but not deeded to the Town. This will involve a lot line realignment
of the last two lots at the end of the subdivision and it is his
understanding that this matter is presently in front of the Planning
Board. When the realignment is completed, a new deed can be filed
and the road can then be offered to the Town for dedication.
The Planning Board requested in their letter that they be advised
of the status of this road. Ed Hawksley, Chairman of the Planning
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Board was present and commented that the correspondence from the
Planning Board was intended as a point of information to the Town
Board that there are at least four site plans pending before the
Planning Board which cannot legally be approved until there is
frontage on a Town Road.
MRS. PAINO moved to receive the correspondence from the Planning
Board and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
A resignation was received from Hans Gunderud, Zoning Administrator
for the Town, which will be effective January 30, 1987.
MRS. PAINO moved to accept this correspondence and place it on file
and requested that a letter be forwarded to Mr. Gunderud thanking
him for his services to the Town.
Seconded by Mr. Farina
Motion Unanimously Carried
Mrs. Paino noted that a work shop meeting will be held this Thursday
night for the purpose of interviewing candidates for this position.
The Supervisor contacted Dutchess County Personel_when she learned
of Mr. Gunderud's resignation since this is a Civil Service position.
Committee Reports ---
Charles Cortellino, Chairman of the Cable TV Committee presented
the following report on their meeting of January 12, 1987:
1. A letter Congressman Hamilton Fish expressing our disappointment
that the federal government has deregulated the cable rates. It is
our belief that the cable companies should be regulated the same as
a utility company. There should be a local government and a state
review.
Recently the cable company raised the rate for the basic service
while lowering the rate for HBO. It would appear that the cable
company desires to expand subscription to the premiun services
at the expense of the basic subscribers. The subscribers have
no choice as the cable company is in a monopoly position as most
areas of the town get poor reception with a home antenna.
The subscribers indirectly have been paying for the 35 channel
carrying capacity of the new lines being installed, yet we do
not get as many stations as subscribers to Poughkeepsie Cablevision.
Those subscribers pay only two (2) dollars a month more than we do
but get more stations. The choice of stations to be carried should
be by mutual agreement between the cable company and the town. Last
time the cable company refused to permit this. Make it illegal for
the cable company to refuse.
Remove any restrictions as to what stations a cable company can
carry. As we understand it, the cable company must pay a fee
for carrying stations that are not from their area. For
instance Channel 3, a CBS station from Connecticut cannot be
carried without paying a fee as they are not considered to be
in our zone.
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2. There should be an audit of the cable company to determine
if they are meeting the fee requirements that is entitled to
the Town.
3. The Community Channel should broadcast the meetings of the
Town Board, Planning Board, and the Zoning Board of Appeals.
4. The state should modify the law regarding signal strength
to the TV sets to read signal strength to the point of entry
-t to the cutomer as it is with the phone company. There should
be no charge for multiple set use within a home. There could
be a one-time charge for wiring and/or an amplifier if needed.
Mr. Farina, liaison member of the Town Board to Cablevision, agreed
with Mr. Cortellino and felt that the Committee brought up good
issues. When notification was received regarding the increase
of cable rates effective in January, 1987, the Town Board requested
that letters be forwarded to Assemblyman Saland and Senator Rolison
expressing our concern that the municipalities have no control over
cable rates; he recommended that Congressman Hamilton Fish, Jr. be
also informed of this concern.
MR. FARINA moved to direct a letter to Congressman Hamilton Fish, Jr.
indicating that the Town Board is concerned that local government
has no control of cable rates and request that the State Legislature
implement legislation to address this matter.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Farina reported that it was implied by the parent company
of U. S. Cablevision Corp., which is Colony Communications, Inc.
that Channel 62 will be on the extended service by April of 1987.
There is a new set of Cable Commission Rules which is available
to Mr. Cortellino from the Town Clerk and comments are invited
from municipalities. He thanked Mr. Cortellino and his Committee
for the work they had done and looked forward to working with them.
Mrs. Paino welcomed Don Wilson, a Scout from Troop 68 who was
present to observe and give a report on the Town Board Meeting,
a requirement for a badge he was working for.
Continuing with Committee Reports, neither Mr. Valdati nor Mr. Reis
had reports for this meeting.
Mr. Farina, Landfill Committee, reported that the Saturday Morning
Garbage Disposal Program at the Highway will continue with the
same rates for the next quarter ---$1.00 for a small bag and $1.25
for the large bag.
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Mrs. Visconti, Dial -a -Ride Committee, reported on discussions at
their meeting; there is an increase in ridership, the service to the
towns is being expanded and presently they are working on expanding
to Beekman. There is also an increase in the number of handicapped
people using this service and this, she felt, was attributed to the
fact that there is greater awareness of this service due to posters
and flyers that have been distributed. The Committee hopes this
trend will continue.
Resolutions ---
A Public Hearing having been held on January 20, 1987 on a proposed
Local Law regarding the Homestead Act, the matter was placed before
the Board for their consideration.
MR. FARINA moved to adopt Local Law #1 of 1987 as follows:
A LOCAL LAW TO ADOPT THE PROVISIONS OF REAL PROPERTY TAX LAW
SECTION 1903 CONCERNING HOMESTEAD BASE PROPORTIONS.
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
1. The provisions of Real Property Tax Law Section 1903
concerning homestead base proportions are hereby adopted.
2. The homestead base proportions shall be established by
Resolution of the Town Board of the Town of Wappinger in accordance
with the Rules of the State Board of Equalization and Assessment,
and shall apply to taxes levied on the 1987 final assessment roll
and to taxes levied on subsequent rolls, until this local law
shall be repealed.
3. This local law shall take effect upon publishing, posting
and upon filing a copy with the Secretary of State as required by
Law.
Seconded by: Mr. Reis
Roll Call Vote: 5 Ayes 0 Nays
MR. FARINA moved to forward a letter to the Wappinger Central School
Board recommending that they adopt a similar law relating to school
taxes.
Seconded by: Mr. Reis
Roll Call Vote: 5 Ayes 0 Nays
The following letter was received from the Highway Superintendent
relating to bids on highway equipment
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Dear Members of the Board:
The bid opening for highway equipment was December
The results and recommendations are as follows:
PAVER
19, 1986.
R. C. Herman Co $28,528.00 Model 1000R Lee Boy
State Equipment $28,210.00 Model Maudlin Herman
The Superintendent recommends
Company.
PICK-UP
the bid be awarded to the R.C. Herman
Gallagher Truck Center $12,765.00 GMC 8' bed
Dave Ball Chevrolet $12,572.16 Chevrolet 6' bed
Quinn Chevrolet, Inc $13,619.71 Chevrolet 6' bed
The Superintendent recommends
Truck Center.
2 YD. DUMP
Gallagher Truck Center
Dave Ball Chevrolet
Quinn Chevrolet
the bid be awarded to Gallagher
$16,084.00 GMC
$15,562.39 Chevrolet
$18,094.07 Chevrolet
The Superintendent recommends the bid be awarded to Gallagher
Truck Center.
DUMP TRUCK W/PLOW
Healey International $50,300.00
The Superintendent recommends the bid be awarded to Healey
International Trucks.
2 DUMP TRUCKS W/PLOWS
Healey International $103,600.00
The Superintendent recommends the bid be awarded to Healey
International Trucks.
Very truly yours,
s/ Kenneth T. Croshier
Mr. Valdati questioned whether the two pieces of equipment that
received one bid could be rebid for more competitive prices.
Mrs. Paino replied that the bid specs were sent to several firms
for these two items of equipment and it is unfortunate that only
one company submitted a bid, however, this is plowing equipment
and the Highway Department needs it at this time. She expressed
her disappointment that only one bid was received, as did Mr. Farina.
MR. FARINA moved to award the bids for the highway equipment, as
recommended by the Highway Superintendent.
Seconded by Mr. Reis
Motion Unanimously Carried
The acceptance of Schnabl Court as a Town Road was placed before the
Board for their consideration. The Town Clerk indicated that the
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Highway Superintendent recommended acceptance of this road since it
meets the road specifications, however, the Engineer had a valid
concern which he elaborated on in his report to the Board.
Mrs. Paino, reading from this report, explained that during the
Phase II Infiltration/Inflow study for the Wappinger Sewer Improvement
#1, certain deficiencies were discovered in the Schnabl Court sanitary
sewer and he recommended that the Town defer action on the acceptance
of this road. He had copied the developer on his report and requested
that he complete the necessary repairs.
Mr. Paggi had an update on this matter and informed the Board that
a site inspection was planned for Friday to determine if the problem
is part of the road system or part of an individual lot or homeowners'
system,
MRS. PAINO moved to table action on the acceptance of Schnabl Court
as a Town Road.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Snowden informed the Board that the deed for the road has been
tendered to the Town and found to be acceptable by the Attorney and
the Engineer to the Town.
The acceptance of Stenger Court was placed before the Board. The
Highway Superintendent recommended acceptance as it did meet the
Town Road Specifications, however, there was no deed or Letter of
Credit submitted by the developer.
MRS. PAINO moved to table action on the acceptance of Stenger Court
as a Town Road.
Seconded by Mr. Reis
Motion Unanimously Carried
The following proposed Local Law was introduced by SUPERVISOR
PAINO:
LOCAL LAW OF THE YEAR 1987
AMENDING LOCAL LAW NO. 1 OF 1985,
LOCAL LAW NO. 1 OF 1982 AND LOCAL
LAW NO. 9 OF 1980 WITH RESPECT TO
THE ESTABLISHMENT OF WATER RATES FOR
TALL TREES WATER DISTRICT
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing water rates
for the Tall Trees Water District with respect to residential
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uses is hereby repealed, only with respect to water rates and
the prior laws otherwise confirmed.
SECTION 2. The following water rates are hereby established
for the Tall Trees Water District.
A. Residential
1. Each residential unit connected to the system:
$218.00 annually and payable on a quarterly basis.
SECTION 3. This local law shall take effect upon adoption and
as provided by Municipal Home Rule Law.
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 held January 20, 1987, a proposed Local
Law Amending Local Law No. 1 of 1985, No. 1 of 1982 and No. 9 of
1980, with respect to the Establishment of Water Rates for the
Tall Trees Water District, 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 2nd
day of February, 1987 at 7:00 o'clock P.M. on such day, at the
Town Hall, 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 Farina
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR
PAINO:
LOCAL LAW OF THE YEAR 1987
AMENDING LOCAL LAW NO. 7 OF 1984
WITH RESPECT TO THE ESTABLISHMENT OF
WATER RATES FOR THE OAKWOOD WATER DISTRICT
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing water rates
for the Oakwood Water District with respect to residential uses
is hereby repealed, only with respect to water rates and the prior
laws otherwise confirmed.
SECTION 2. The following water rates are hereby established
for the Oakwood Water District.
A. Residential
1. Each residential unit connected to the system:
$241.00 per year payable on a quarterly basis.
30
SECTION 3. This local law will take effect upon adoption
and as provided by Municipal Home Rule Law.
The following Resolution was offered by SUPERVISOR PAINO wno
moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board held January 20, 1987, a proposed Local
Law Amending Local Law No. 7 of 1984 with respect to the Establish-
ment of Water Rates for the Oakwood Water District, 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 public hearing shall be held on the said proposed
Local Law by the Town Board of the Town of WAppinger on the 2nd
day of February, 1987 at 7:03 o'clock P.M. on such day, at the
Town Hall, 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 Farina
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR
PAINO:
LOCAL LAW OF THE YEAR 1987
AMENDING LOCAL LAW NO. 7 OF THE
YEAR 1985 WITH RESPECT TO THE
ESTABLISHMENT OF WATER RATES FOR
ARDMORE WATER DISTRICT
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing water rates
for the Ardmore Water District with respect to residential uses
is hereby repealed, only with respect to water rates and the
prior laws otherwise confirmed.
SECTION 2. The following water rates are hereby established
for the Ardmore Water District.
A. Residential
1. Each residential unit connected to the
system, be obligated to pay the minimum
charge of $14.00 each quarter, regardless
of consumption of water for said quarter.
In addition to the foregoing, there shall
be the following charges:
If the residential uses more than 2,500
cubic feet per quarter, the residential unit
will be charged at the rate of .75 per 100
cubic feet.
SECTION 3. This local law shall take effect upon adoption and
as provided by Municipal Home Rule Law.
31
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 held January 20, 1987, a proposed Local
Law Amending Local Law No. 7 of 1985, with respect to the Establish-
ment of Water Rates for the Ardmore Water District, 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 2nd
day of February, 1987 at 7:06 o'clock P.M. on such day, at the
Town Hall, 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 Farina
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR
PAINO:
LOCAL LAW OF THE YEAR 1987
AMENDING LOCAL LAW NO. 9 OF 1985
WITH RESPECT TO THE ESTABLISHMENT
OF WATER RATES FOR CENTRAL WAPPINGER
WATER DISTRICT
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior local laws establishing water
rates for Central Wappinger Water Improvement Area with respect
to residential uses is hereby repealed, only with respect to
water rates and the prior laws are otherwise confirmed.
SECTION 2. The following water rates are hereby established
for the Central Wappinger Water Improvement Area:
A. Residential
1. Now all metered - $14.00 per quarter for all
users up to and including 2,500 cubic feet
of water.
2. In the event uses exceed 2,500 cubic feet, the
charge shall be .75 per 100 cubic feet.
SECTION 3. This local law shall take effect upon adoption and
as provided by the Municipal Home Rule Law.
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 held January 20, 1987, a proposed Local
32
Law Amending Local Law No. 9 of 1985, with respect to the Establish-
ment of Water Rates for the Central Wappinger Water Improvement Area,
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 2nd
day of February, 1987 at 7:09 o'clock P.M. on such day, at the
Town Hall, 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 Farina
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR
PAINO:
LOCAL LAW OF THE YEAR 1987
AMENDING LOCAL LAW NO. 13 OF 1984
WITH RESPECT TO THE ESTABLISHMENT
OF SEWER RATES FOR THE WILDWOOD
SEWER DISTRICT
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing sewer rates
for the Wildwood Sewer District with respect to residential uses
is hereby repealed, only with respect to sewer rates and the prior
laws otherwise confirmed.
SECTION 2.
The following sewer rates are hereby established
for the Wildwood Sewer District.
A. Residential
1. Each residential unit connected to the system:
$261.40 annually and payable on a quarterly basis.
SECTION 3. This local law shall take effect upon adoption and
as provided by Municipal Home Rule Law.
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 held January 20, 1987, a proposed Local
Law Amending Local Law No. 13 of 1984, with respect to the Establish-
ment of Sewer Rates for the Wildwood Sewer District, 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
33
Local Law by the Town Board of the Town of Wappinger on the 2nd
day of February, 1987 at 7:12 o'clock P.M. on such day, at the
Town Hall, 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 Farina
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR
PAINO:
LOCAL LAW OF THE YEAR 1987
AMENDING LOCAL LAW NO. 6 of 1984
AND LOCAL LAW NO. 1 of 1981 WITH
RESPECT TO THE ESTABLISHMENT OF
SEWER RATES FOR THE FLEETWOOD
SEWER DISTRICT
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing sewer rates
for the Fleetwood Sewer District with respect to residential
uses is hereby repealed, only with respect to sewer rates and
the prior laws otherwise confirmed.
SECTION 2. The following sewer rates are hereby established
for the Fleetwood Sewer District.
A. Residential
1. Each residential unit be obligated to pay
the minimum charge of $60.00 each quarter,
regardless of consumption of water for said
quarter.
In addition to the foregoing, there shall be
the following charges:
If the residential unit uses more than 14,143
gallons per quarter, the residential unit will
be charged at the rate of $2.50 per 1,000 gallons.
SECTION 3. This local law shall take effect upon adoption
and as provided by Municipal Home Rule Law.
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 held January 20, 1987, a proposed Local
Law Amending Local Law No. 6 of 1984 and Local Law No. 1 of 1981,
with respect to the Establishment of Sewer Rates for the Fleetwood
Sewer District, 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,
34
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 2nd
day of February, 1987 at 7:15 o'clock P.M. on such day, at the
Town Hall, 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 Farina
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR
PAINO:
LOCAL LAW OF THE YEAR 1987
AMENDING LOCAL LAW NO. 15 OF 1984
WITH RESPECT TO THE ESTABLISHMENT
OF SEWER RATES FOR THE MID -POINT
SEWER DISTRICT
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing sewer rates
for the Mid -Point Sewer District with respect to residential uses
is hereby repealed, only with respect to sewer rates and the prior
laws otherwise confirmed.
SECTION 2. The following sewer rates are hereby established
for the Mid -Point Park Sewer District.
A. Residential
1. Each residential unit connected to the system:
$474.40 annually and payable on a quarterly basis.
SECTION 3. This local law shall take effect upon adoption and
as provided by Municipal Home Rule Law.
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 held January 20, 1987, a proposed Local
Law Amending Local Law No. 15 of 1984 with respect to the establish-
ment of Sewer Rates for the Mid -Point Sewer District, and
WHEREAS, the provisions of the Municipal Home Rule Law required
that no local law shall be passed by the legislative body of the
town until a public hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
1. That a public hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 2nd
day of February, 1987 at 7:18 o'clock P.M. on such day, at the
Town Hall, Middlebush Road, Town of Wappinger, Dutchess County,
New York.
35
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 Farina
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR
PAINO:
LOCAL LAW OF THE YEAR 1987
AMENDING LOCAL LAW NO. 12 OF 1984
WITH RESPECT TO THE ESTABLISHMENT
OF SEWER RATES FOR THE ROCKINGHAM
SEWER DISTRICT
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing sewer rates
for the Rockingham Sewer District with respect to residential uses
is hereby repealed, only with respect to sewer rates and the prior
laws otherwise confirmed.
SECTION 2. The following sewer rates are hereby established
for the Rockingham Sewer District.
A. Residential
1.
Each residential unit connected to the system:
$275.60 annually and payable on a quarterly basis.
SECTION 3. This local law shall take effect upon adoption and
as provided by Municipal Home Rule Law.
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 held January 20, 1987, a proposed Local
Law Amending Local Law No. 12 of 1984, with respect to the Establish-
ment of Sewer Rates for the Rockingham Sewer District, 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 2nd
day of February, 1987 at 7:21 o'clock P.M. on such day, at the
Town Hall, 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 Farina
Roll Call Vote: 5 Ayes 0 Nays
36
The following proposed Local Law was introduced by SUPERVISOR
PAINO:
LOCAL LAW OF THE YEAR 1987
AMENDING LOCAL LAW NO. 10 OF 1985
LOCAL NO. 14 OF 1984, LOCAL LAW
NO. 5 OF 1976, WITH RESPECT TO THE
ESTABLISHMENT OF SEWER RATES FOR
WAPPINGER SEWER IMPROVEMENT #1
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing sewer rates
for the Wappinger Sewer Improvement #1 with respect to residential
uses is hereby repealed, only with respect to sewer rates and the
prior laws otherwise confirmed.
SECTION 2. The following sewer rates are hereby established
for Wappinger Sewer Improvement #1.
A. Residential
1. Each residential unit connected to the system:
$100.00 annually and payable each quarter.
SECTION 3. This local law shall take effect upon adoption
and as provided in Municipal Home Rule Law.
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 held January 20, 1987, a proposed Local
Law Amending Local Law No. 10 of 1985, Local Law No. 14 of 1984,
Local Naw No. 5 of 1976 with respect to the Establishment of
Sewer Rates for the Wappinger Sewer Improvement #1, 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 2nd
day of February, 1987 at 7:24 o'clock P.M. on such day, at the
Town Hall, 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 Farina
Roll Call Vote: 5 Ayes 0 Nays
Unfinished Business ---
At the request of the Town Board, preliminary reports were received
from the Planning Board and the Engineer to the Town regarding
Contrail Associates rezoning request; the Engineer also forwarded
a report on the Lawrence Farms rezoning application.
37
MRS. PAINO moved to receive these reports and place them on file
for discussion at a future work shop meeting.
Seconded by Mr. Reis
Motion Unanimously Carried
A response to our request for cross road signs on All Angels Hill
Road was received from the Dutchess County Department of Public
Works.
Mr. Farina read the following excerpt from this letter, noting that
he was very disappointed in this response --
"We are sorry that we cannot meet your request. These intersections
can be seen by the traveling public; therefore, the same precautions
should be taken when entering All Angels Road as any other intersection,
or when entering a major highway from a minor town road. Signs provide
a false sense of security to some and are of little value unless caution
is exercised".
MR. FARINA moved to receive this correspondence and place it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
At the December 1, 1986 meeting the Town Board adopted an Ordinance
creating an Architectural and Historic District Advisory Board;
Mrs. Paino then indicated that at the first regular meeting in
January, the Board would consider appointments to that Board.
MR. FARINA moved to appoint the following people to this Board:
Richard Cirulli 1 year term
John Magdelaney 2 year term
Carol Courtois 3 year term
Constance Smith 4 year term
Ralph Zimmerman 5 year term
Seconded by: Mr. Reis
Roll Call Vote: 5 Ayes 0 Nays
MRS. PAINO moved to appoint Richard Cirulli as Chairman of this Board.
Seconded by Mr. Farina
Motion Unanimously Carried
New Business ---
The Town Clerk noted that she had received a request from Mr. Hawksley,
Chairman of the Planning Board for Town Board consideration of hiring
the firm of Planners East, Inc. as part time Planners/Consultants to
the Planning Board.
Mrs. Paino noted that Mr. Hawksley had forwarded to her an outline of
the professional services offered by this firm and she invited Mr.
Hawksley to add his comments on this matter.
L
38
Mr. Hawksley noted that three firms were interviewed and it was the
unanimous feeling that they would like to do business with a small
company, a one on one basis which would enable them to deal with one
person rather than several. The firm comes highly recommended from
other agencies in Dutchess County and the Planning Board felt they
would do a good job for the Town.
The following proposal was read into the Minutes:
%b+' December 12, 1986
Mr. Edward S. Hawksley
Chairman, Town of Wappinger Planning Board
3 Franton Drive
Wappingers Falls, New York 12590
Re: Professional Planning Services
Dear Mr. Hawksley:
It was a pleasure to meet with you and the Planning Board's Vice -
Chairman yesterday afternoon. As requested, I am pleased to propose
the following contractural agreement between PLANNERS EAST incorporated
and the Town of Wappinger.
SCOPE OF WORK. Simply stated, the Scope of Work is to provide
professional planning services to the Town Planning Board in the
coordination, review and processing of site plan review, subdivision
plat, and related submissions. Services provided would assist the
Planning Board in assessing the consistency of these submissions
with the Town's master plan, the Town's land use and development
regulations, and the various controls, mandates, and review
authorities and responsibilities of other agencies and governments,
incluidng the Town Board and the Zoning Board of Appeals, the County
Health department, NYSDOT, NYSDEC and other involved parties. Reviews
undertaken would emphasize both the application of generally acceptable
planning, design and site development standards and criteria, and
procedural requirements, specifically including compliance with SEQR.
COMMITMENT OF TIME. All services would be provided on an "as requested"
basis, which those requests coming from the Planning Board Chairman.
Necessary time will be devoted to field review, consultation with
project consultants, research, drafting of memoranda, resolutions,
and other items, to accomplish the requested work in a timely and
professional manner. The Consultant would be available to attend,
as may be requested by the Chairman, meetings of the Planning Board
to discuss significant agenda items, with it understood that the
regular meetings of the Planning Board are held on the second and
fourth Mondays of each month.
COMPENSATION. The Town of Wappinger would provide compensation of
FIFTY DOLLARS ($50.00) per hour for conduct of the work, with the
alternative provided of establishing either a lump sum or a not
to exceed amount for the more time -intensive planning and review
assignments. In addition, reimbursable expenses, including mileage
from the Kingston office of PLANNERS EAST, postage, telephone,
photocopies, and related items, not to include either lodging or
meals, would be reimbursable at direct cost.
PLANNERS EAST Incorporated would bill monthly for services rendered
and reimbursable expenses incurred, and would anticipate payment by
the Town of Wappinger within thirty (30) days of receipt of a
properly -executed voucher. The documentation provided on each
voucher shall be sufficiently detailed to ensure reimbursement of
consultant costs to the Town from applicants, as may be provided
for within the Town's fee schedule.
39
RESTRICTION ON OUTSIDE ACTIVITY. PLANNERS EAST voluntarily commits
to soliciting no work that would come before the Planning Board or
any other board or agency of the Town of Wappinger during the full
term of this proposed contractural relationship and for a period
of six (6) calendar months beyond its termination.
DURATION OF AGREEMENT. This proposal is for a period of one calendar
year, i.e. January through December 1987, with it understood that the
contractural relationship may be terminated by either party upon
thirty (30) days written notice, with no penalty imposed for such
severance.
I would hope that the Planning Board and Town Board would feel
comfortable with this proposal. Should it be acceptable, Supervisor
Paino might execute this proposal as a Letter of Agreement and
return one copy for our records and as an authorization for you and
I to proceed. That authorization would include spending an intensive
12 -hour day becoming further oriented to the Town, its land use and
development pattern, its land use and development regulations, and
those projects currently proposed or pending before the Planning
Board. This initial orientation wuld be capped by attendance,
principally as observer, at that evening's Planning Board meeting.
For this orientation, the Town would be billed $400.
Should there be any further information or clarification that you
might require, please do not hesitate to contact me at your
convenience.
Sincerely,
s/ Arthur F. Brod, Jr. AICP
MR. REIS authorized the Supervisor and the Chairman of the Planning
Board to sign the contract, as submitted, with PLANNER EAST,
Incorporated.
Seconded by: Mr. Farina
Roll Call Vote: 5 Ayes 0 Nays
Mr. Valdati wished to speak on concerns of drug and alcohol related
problems that presently exist in his Ward and throughout the Town.
He noted that there have been many arrests in the community of
people dealing in drugs and it has affected the school age
population. He learned through Judge Vincent Francese that a
tremendous amount of the cases in the Town Court are of this nature.
While reviewing Town records, he found that a Narcotic Guidance Council
had been formed by resolution of the Town Board in April of 1969.
After reviewing the functions and purpose of this Council, Mr.
Valdati felt the Town Board could reactivate this Council in an
effort to help the community deal with these problems, especially
when it affects the youth of the area.
MR. VALDATI moved that discussion on the Narcotics Guidance Council
be included in a future work shop meetirgof the Town Board.
Seconded by Mrs. Paino
Motion Unanimously Carried
40
Mrs. Paino had received a request from Judge Carl Wolfson for
permission to attend a state mandated course at the Association of
Towns Meeting in New York.
MRS. PAINO moved to authorize the Town Justices to attend the state
mandated courses at the Association of Towns Meeting.
Seconded by Mr. Reis
Motion Unanimously Carried
The following letter was addressed to the Town Board from Judge
Francese:
Dear Members of the Town Board:
With the increased work load in the Justice Court, and the need
of having to make change on a daily basis, the court would request
that the Town Board consider establishment of a Petty Cash Fund
of $50.00 for the Town Court.
Your attention to this matter would be appreciated.
s/ Vincent S. Francese
MRS. PAINO moved to authorize the establishment of a Petty Cash
Fund in the amount of $50.00 for the Town Justice Court.
Seconded by Mr. Farina
Motion Unanimously Carried
Mrs. Paino referred to previous correspondence from Pizzagalli Devop-
ment Corp. relating to this proposed construction of another I.B.M.
facility on Myers Corners Road. It is her understanding that they
are considering putting in a zero discharge sewer treatment plant.
The Engineer verified the fact that this location is within the
boundaries of Wappinger Sewer Improvement Area #1.
MRS. PAINO moved to direct a letter to Pizzagalli Development Corp.,
informing them that the Town Board is opposed to the construction of
a zero discharge sewer treatment plant for their proposed I.B.M.
facility.
Seconded by: Mr. Reis
Roll Call Vote:
Mr. Farina Abstained
Mr. Reis Aye
Mr. Valdati Aye
Mrs. Visconti Abstained
Mrs. Paino Aye
Motion Carried
Mr. Farina noted that he abstained on this motion as he is an I.B.M.
employee and works at the facility on Myers Corners Road.
41
Mrs. Visconti questioned why they were taking this action at this
time as it would delay the firm for a length of time and discourage
them from locating in the Town.
Mrs. Paino felt that this company should be paying their just dues
the same as anyone else in the district and having discussed the
matter with the Attorney she learned it was not a general practice
to build your own sewer plant if you are located within the boundaries
of an existing one. This action, Mrs. Paino explained is within the
purview of the Town Board as they are the Board of Governors for the
Town's water and sewer districts. Since the Planning Board was
planning a scoping session with Pizzagalli at their next meeting,
this action by the Town Board would help them give direction at the
scoping session.
Discussion continued with the Chairman of the Planning Board who noted
that Town Board action was important in preparing the Environmental
Impact Statement on the project, however, Mrs. Visconti was hesitant
to delay the firm, thus her abstention on the motion.
Mrs. Paino requested that letter be directed to Pizzagalli Develop-
ment Corp., informing them that the Town Board has denied them
permission to construct a zero discharge sewer treatment plant in
that area.
MRS. PAINO moved to direct a letter to Pizzagalli Development Corp.,
requesting them to provide the Town Board with information on the
amount of water the proposed facility will use.
Seconded by: Mr. Reis
Roll Call Vote: 4 Ayes Mr. Farina ---Abstained
A final item referred to by Mrs. Paino was the receipt of a letter
late today from Hank DiMarco, resident of the Town, indicating that
the Village of Wappingers Falls is interested in acquiring the
U. S. Postoffice building at the corner of Route 9D and East Main
Street when they cease operation at that location. Mr. DiMarco
requested that the Town write a letter to the Real Estate Division
of the U. S. Postoffice supporting the Village in this proposed
acquisition.
42
MRS. PAINO moved to direct a letter to Kenneth Perrin, General
Manager of the U. S. Postoffice, informing him that the Town Board
of the Town of Wappinger supports the request of the Village of
Wappingers Falls to be given the first opportunity for governmental
use of the existing Postoffice at the corner of Route 9D and East
LMain Street, at such time when this building is available for
negotiation.
Seconded by Mr. Farina
Motion Unanimously Carried
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 9:30 P.M.
Reg. Mtg. 1/20/87
Elaine H. Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of
Wappinger on January 20, 1987, on a proposed Local Law to Adopt
the Provisions of Real Property Tax Law Section 1903 Concerning
Homestead Base Proportions.
Supervisor Paino opened the Hearing at 7:22 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
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 introduced Mr. Finnegan of Finnegan Associates who were
presently working with the Town to complete the state mandated
reevaluation of commercial and residential properties.
Mr. Finnegan noted that the reassessment program was being conducted
throughout Dutchess County, not only because it was mandated, but
more important because of the need to have equal assessments for
equal properties, i.e., two single families that are alike will
have similar assessments, two gas stations that are alike will also
have similar assessments. In order to keep the equality, frequest
updating is required. The Homestaed Act, enacted in 1983, will give
the Town the option of keeping the tax burden borne by commercial
properties at whatever percentagle it used to be ---for example,
if the commercial and industrial were paying 40% of the taxes before
the reassessment, but due to the reassessment it is now 30% because
of the shift, the Town has the option of keeping them at 40%, the
same as they paid previously. This will create equity within the
classes, but not between the classes. For example of $50,000 gas
station and a $50,000 home would not pay the same taxes --the gas
station would pay more. Mr. Finnegan explained that this Act of
1983 was found to be unconstitutional in 1984, it was changed twice
in 1985 and again in 1986 and is now constitutional and available
for town and school districts, but not counties. In 1984 it was
deemed to be unconstitutional due to the fact that school districts
were in various towns, however as stated previously, that has been
changed. It is not meant for all towns but those that have a high
concentration of commercial and industrial properties should consider
adopting this Act. His firm thinks that the Town of Wappinger will
want to consider the Homestead Act as there is some concentration
of this type of property. The law can be rescinded if the Town
so desires, at any time up to the publication of school taxes in
August. It is important that they decide soon as reassessment notices
will be sent out within a month and if the Town adopts the law, the
residents will be notified what affect it will have on their taxes.
On the other hand if the Town decides not to adopt it, this will be
a different affect on the homeowners. In closing, he invited any
questions the public might have.
Bernice Mills asked if the Town adopts this Law, will the homeowners
get a tax break and commercial properties remain at a higher assessed
value. Mr. Finnegan explained that they would both be assessed at
100%, or whatever percentage the Town Board arrives at, however,
the tax rate will be higher to commercial properties making their
bill higher than that of the homeowners. They could be both assessed
the same but the actual taxes paid by the commercial owner will be
higher. Mrs. Mills stated if this was the case, she is in favor
of adopting this law.
Michael Hirkala felt the law should be adopted, it will help the
homeowners a lot. He worried about a 100% assessment, but by
adopting this law, they won't get the brunt of the taxes, the
commercial will.
Charles Cortellino spoke on procedures used in assessing ---if
an apartment is half empty, you roll the assessment. He argued
with this, if he is away for six months, he doesn't get a reduction
in assessment, it stays the same. He does think commercial should
have a higher rate, but it should also be uniform. Mr. Finnegan
explained that rent capability will be the basis in the case of
apartments, according to State law.
There were no other comments made either for or against this Law.
MRS. PAINO moved to close the Public Hearing, seconded by Mr. Farina
and unanimously carried.
The Hearing closed at 7:55 P.M.
akIkk
Elaine H. Snowden
Town Clerk
rtif. wad S. ID.
NEWS
DISPLAY ADVERTISING CLASSIFIED ADVERTISING
•.' •-•• . .
NOTICE 15 HEREBY GIVEN that there
has been duly presented and introduced
before the Twin Board of the Town of Wap-
, Dutchess County, New York, on
30M. 1986, a proposed Local
follows:
LOCAL LAW NO. of 1987 . -
TOWN OF WAPPINGER
A LOCAL LAW TO ADOPT THE PROVI-
SIONS OF REAL PROPERTY TAX LAW
SECTION- 1903 CONCERNING
HOMESTEAD BASE PROPORTIONS..
• BE IT ENACTED by the Town Board of
the Town of Wappircer es Igloos:
1. The provisions of Real Property Tax
Law Seadon 1903 concerning homestead
base_ proportions are hereby adopted.
• 2. The homestead base priportions shoe
be established by Resolution of the Town -
Board 01 910 Town of Wappinger in sccor-
dance with the Ruin of the State Board of
Equalization and Assessment, and shall
apply 10 taxes Imied on the 1987 final
assessment roll and to taus levied on
subsequent rolls. until thio local leer shall
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS NY 12590
.albd.
3Ibis local law shall take effect upon
publishing, posting and upon filing a copy
with the Secretory of State as required by
Law.
NOTICE IS FURTHER GIVEN that Os
Town Board wiN conduct a Public Hewing
on the aforesaid proposed Local Law WM'
Town Hall, Middlebush Road, Town of
Wappliver, Dutchsee County, New York on
January 20, 1967 al 7:15 P.M. on such date*
id which time aN parties interested Mr be
heard.
NOTICE .IS FURTHER GIVEN that
�piss d the aforesaid Proposed Local Law
be available for examination and in-
spection al the Office of the Town Cleric of
the Town of Wappinger In the Town Hall,
between the date 01 114. natio, and the date
of the public hearing.
ELAINE It SNOWDEN
TOWN CLERK
' TOWN OF WAPPINGER
Dined: January 5, 1987
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 W. & S.D. NEWS, a newspaper printed and
published every Wednesday in the year 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. .. 91PP.
. in each week, commencing on the 7th day of Llano
. 19.8.7, . and on the following dates thereafter, namely
on
and ending on the
7th
19.§7. . both days inclusive.
(,-,
4 /,--
day of
anuary
Subscribed and sworn to before me
this 7th day of Jan.198
P. • .11-.; •
Notary Public
My commission expires
TIACHEL WISHART
NOTARY PUSLIr..1. STt.TE OF NEW ynny,
OUALIFIED OUTCHE.SS COUNlY
COMMISSION EXPIRES MARCH 31, 1;.
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW TO ADOPT THE
PROVISIONS OF REAL PROPERTY TAX LAW
SECTION 1903 CONCERNING HOMESTEAD
BASE PROPORTIONS.
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
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 8th, 1987, your deponent posted a
copy of the attached notice of Public Hearing on a proposed
Local Law to Adopt the Provisions of Real Property Tax Law
Section 1903 Concerning Homestead Base Proportions, 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
>7/14:4-41 1987.
Notary Public
Elaine H. Snowden
Town Clerk
Town of Wappinger
CECILES.HAWKSLEY
NOTARY PUNIC. UM 0/ MEW TOM
NO. NM
PAWNED IN OMENS CORTI
COMMON WM ?.UG 431-4,