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1986-09-15 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING SEPTEMBER 15, 1986 ----------------------- 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Sept. 2, 1986 4. REPORTS OF OFFICERS: Zoning Administrator Hydrant 5. PETITIONS & COMMUNICATIONS a. Robert Herrmann requests permission to hook into Fleetwood Sewer and Water b. Joel Hanig, Attny, representing Wm. Greer re: application for Zoning change on Rte 9 - Property of Mr. Greer c. Daniel Curtain, Attny, representing Contrail Associates of Wappinger re: application for Zoning change of property located on All Angels Hill Rd. d. N.Y.S.D.E.C. re: Lead Agency coordination request - Willowbrook Sand & Gravel Mining Proposal - Robinson Lane e. Hans Gunderud requests permission to attend Ping. Fed. Conference Sept. 29 & 30th: Thos. Logan requests permission to attend Assessors Conference 9-30 thru 10-3 f. Resignation from Jas. Mills as Chairman of Planning Board g. J. Paggi, Eng. to Town, Reports: (1) Drainage - Smith Crossing Rd. (2) Proposals re: I/I - 5 District study for cleaning, televising and Video taping - Sewer lines h. Kay Smith re: St. Jude Bike-A-Thon Oct. 4th 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Town/County agreement for Snow removal of designated County Rds. b. Conservation Advisory Council terms expired c. Term of Stella Dlhosh, member of Board of Assessment Review, expires 9/30/86 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT I 29 L The Regular Meeting of the Town Board (of the Town Board)of the Town of Wappinger was held on September 15, 1986 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:33 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman Vincent Farina, Councilman David Reis, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr., Engineer Kenneth Croshier, Highway Superintendent The meeting started with the Pledge of Allegiance to the Flag. Mrs. Paino asked those present to remain standing and offer a moment of silence for the Town of Wappinger and its residents. The Minutes of the Regular Meeting of September 2, 1986, having been previously sent to all Board Members, were now placed before them for their consideration. MR. FARINA moved that the Minutes of September 2, 1986, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Reis Motion Unanimously Carried The Hydrant Report and the Zoning Administrator's Report were received for the month of August. MRS. VISCONTI moved to accept these reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Mr. Farina noted that the Zoning Administrator was very busy during the month of August and remedied 30 complaints. Petitions and Communications --- A request was received from Robert Herrmann, 24 Fleetwood Drive to hook into the Fleetwood Sewer and Water System at the end of his road. A recommendation on this matter was received from the Engineer regarding the fact that Mr. Herrmann's land is quite flat and could be subject to periodic backups as is the present lowest home connected to the sewer line. The Engineer noted that this .14 /a is an existing lot (not newly created by a subdivision) within the confines of the existing sewer district. MRS. PAINO moved to grant permission to Mr. Herrmann to hook into the Fleetwood Sewer and Water District with the stipulation that he would have to remedy the situation with regard to the low grade at his home; and a copy of the Engineer's report be forwarded to Mr. Herrmann. Seconded by Mr. Farina Motion Unanimously Carried An application for a zoning change was received from Hankin, Hanig and Stall on behalf of their client, William Greer, for property located on Route 9. Mrs. Paino referred this matter to a work shop meeting on October 9, 1986 at 9 P.M. in the Meeting Room of the Town Hall and asked that Mr. Hanig be notified of this action. A second zoning change request was received from Daniel Curtin, Attorney representing Contrail Associates on All Angels Hill Road. MRS. PAINO moved to forward this information to the Attorney to the Town and request that she prepare the necessary resolution for the Town Board's consideration. Seconded by Mr. Farina Motion Unanimously Carried A communication was received from the New York State Department of Environmental Conservation regarding the Lead Agency Coordination Request in the matter of Willowbrook Sand and Gravel Mining Proposal on Robinson Lane. This proposal has been back and forth before the Town Board for the last two years. Mr. Shelley, principal of Willowbrook Sand and Gravel has attended work shop meetings with the Town Board who indicated to him that they have concerns on this activity in the area, particularly due to the fact that this area is very close to one of our major aquifers, that being the Sprout Creek Aquifer. The D.E.C. has requested, as the Lead Agency in this application, to respond with our comments by September 22, 1986. MRS. PAINO requested that a letter be forwarded to Mr. John Feltman at the New Paltz Office indicating that the Town Board would like to have an extension on this date so they can review the material forwarded by them. A request was received from Hans Gunderud, Zoning Administrator to attend the Planning Federation Conference at Kutshers Country Club in Monticello, New York on September 29th and 30th, 1986; our Assessor, Thomas Logan, requested to attend the New YOrk.State Assessors Associa- tion in Monticello from September 30th thru October 3, 1986. Mr. Farina noted that the line item on Education was rapidly depleting and at this time the Town Board will allow only those who have not had the opportunity to attend a conference this year, to go. Since Mr. Logan has attended several conferences, he will not be given permission to attend this one as it would not be fair to others. Mr. Hawksley has also requested to attend the New York Planning Federation Meeting and this will be the first one for him this year, MR. FARINA moved to grant permission to Mr. Gunderud and to Mr. Hawksley to attend their respective conferences, however, Mr. Logan's request will be denied. Seconded by Mr. Reis Motion Unanimously Carried A resignation was received from Mr. Mills as Chairman of the Planning Board. Mrs. Paino explained that Mr.Mills will remain on as a member of the Board; when she became aware of the resignation she and Mr. Reis met with Mr. Parsons, Vice Chairman of the Board and Mr. Mills and asked for a recommendation for a new Chairman. Mrs. Visconti requested that the following letter be read into the record of the Minutes: Sept. 8, 1986: Town of Wappinger Middlebush Road, P.O. Box 324 Wappingers Falls, N.Y. 12590 Members of the Town Board: Effective immediately I am relinquishing my chairman -ship of the Town of Wappinger Planning Board. I will still serve as a member of the planning board. Supervisor Paino suggested to me today that as chairman I had certain building custodial duties to perform. I do not believe that as chairman it is my responsibility to be the building custodian, and have to make sure all the doors in the building are locked, after a planning board meeting. It seems to me that there should be a building custodian who would be responsible for making sure the building is secure, that means that the lights are put out, the rest rooms are empty, and general security of the building. The planning board meetings are generally not over till midnight. All of the members have a full time job, which makes it a very long day. The custodial work should not be done by the planning board members. Sincerely, s/ James Mills, Jr. 6�113 Mrs. Paino explained that the individual was delegated the responsibility of locking the six doors located in the Town Hall; she felt this was very important in a building of this cost --- 1.6 million dollar building and represents a large asset to the taxpayers of the Town. She and Mr. Reis were dismayed that the Chairman of the Planning Board had neglected to lock 5 doors of the Town Hall, locking the one they entered. In regard to their late meetings she felt some administrative policies could be put into place to endeavor to put a stop to the late meetings. The building should be secure at all times as we and the residents have waited a long time to have this beautiful building that we can be proud of. Both she and Mr. Reis have taken the time to lock up after meetings and they enjoyed safeguarding the Town Hall that belongs to all of us. Going back to the appointment of a new Chairman, both Mr. Mills and Mr. Parsons have recommended a person they feel will do an excellent job and she concurs with them. MR. R:EI.S. m6ved to appoint Edward Hawksley as Chairman of the Planning Board. Seconded by Councilman Farina Roll Call Vote: 5 Ayes 0 Nays Prior to the vote on this motion, Mr. Reis gave a brief history of Mr. Hawksley's involvement in Town matter and stated that he was well qualified to take over this chairmanship. The Engineer forwarded a drainage report relating to Smith Crossing Road problems which have existed for many years. The Highway Superintendent and the Engineer have visited this site several times when these problems surfaced and apparently the culvert is not large enough to take the runoff, especially during heavy rains. MRS. PAINO moved to authorized the Engineer to prepare specifications for bidding on this project. Seconded by Mrs. Visconti Motion Unanimously Carried The second report from the Engineer related to televising the sewer lines for the purpose of correcting the inflow and infiltra- tion problems. Two bids were received: New England Pipe, at a cost of $75,915.00 and Teleco Pipeline Inspection at $51,100.00: MRS. PAINO moved to award the bid for televising the sewer lines to / /' Teleco Pipeline Inspection at $51,100.00 and the company be notified of this action. Seconded by Mr. Reis Motion Unanimously Carried The Engineer responded when asked by Mr. Farina why the big difference in the bid prices, that the only reason he could think of was that they are a local firm and possibly when the pipe comes from out of the area he can save on mobilization costs. They have done work in this area so they are familiar with it; another thought is that their work load is not heavy at this time. Kay Smith wrote to the Board requesting permission from the Town Board to hold the St. Jude Bike-A-Thon on October 4th during the hours of 9 A.M. to 4 P.M. and use the Town roads (Edgehill Drive, Beatty Road and Peel Lane All responsibility for notification of emergency agencies will be done by her. MR. REIS moved to grant permission to Kay Smith to use the Town Roads for the St. Jude Bike-A-Thon with the condition that insurance be provided so the Town will not be held liable for any incidents that may occur. Seconded by Mr. Farina Motion Unanimously Carried Correspondence was received from the Planning Board regarding the designation of the Lead Agency in the matter of an application from Jeanette Yanitelli, Cly Reality Corp. They indicated that it would be appropriate to designate the Planning Board as Lead Agency. MRS. PAINO moved to notify the Planning Board that the Town Board agrees they should be designated the Lead Agency in the Yanitelli application. Seconded by Mr. Farina Motion Unanimously Carried Prior to Committee Reports, Mrs. Paino introduced Assemblyman Stephen Saland who was present to report on actions of the State Assembly of interest to the Town. The first item that would be welcome news was the increase of revenue sharing funds, the Town allotment this year will be $451,000, up from $411,00 the prior year. He could not assure us that there would be a substantial increase next year. In another matter, The State has agreed to A/.5' indemnify the Town in cases of accidents on the Hiway. The Governor has signed a bill increasing the fees retained by the local Justice Courts from $5 to $10. They have also managed to provide more flexibility with bonding and last but definitely not least they have taken the first step with regard to insurance liability burden on municipalities; he hoped they would go further.They addressed insurance regulations and tort reforms, reciprocal'' underwriting and group insurance for municipalities were some of the items in this bill. Also if you are 50% or less at fault you will pay only your portion. He touched on some of the other items in the bill which has been forwarded to the Town Board. In conclusion he offered his assistance to the Board if they had any questions or needed further information. Committee Reports --- There were no reports from the Councilpeople for this meeting. Resolutions --- The first one had to do with the agreement between the Town of Wappinger and Dutchess County of Public Works regarding the two County Roads (Chelsea Road and Market Street) that our Highway Department plows and sands throughout the winter season. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Town Superintendent of Highways has been requested by the County of Dutchess to participate in the regional County Highway Snow and Ice Control Program within the boundaries of the Town, and WHEREAS, and logically, an earlier or sooner response factor can be provided by Town units and personnel within the locale thereby benefiting the overall safety and welfare of town residents and local community interest, and WHEREAS, such participation by the Town in removing snow from designated County HIghways, and by sanding and salting or otherwise treating them for the purpose of maintaining highway safety and accessibility for emergency services, is specifically authorized by Article 6, Section 135 of the New York State Highway Law, now, therefore, be it RESOLVED, that the Town Highway Superintendent be and is herein authorized to perform such work as is found necessary, at hourly rates as agreed upon by the Town and the County for the renting and hiring of such equipment for the Winter season 1986-1987. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The matter of the appointment of members for the Congervation Advisory Council, having been tabled at the last meeting, was now placed before the Board for their consideration. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, THAT Patricia Kelley, Kenneth Franklin, Oscar Scherer, William O'Connor, Henry Semp and Charles Valentine be and they are hereby appointed as members of the Town of Wappinger Conservation Advisory Council pursuant to Local Law No. 2 of 1984, and it is further RESOLVED, that the aforesaid persons are hereby appointed to the said Conservation Advisory Council for a term which shall expire June 1st, 1988. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays MRS. PAINO moved to appoint Charles Valentine as Chairman of the Conservation Advisory Council, pursuant to Local Law No. 2 of 1984 for a two year term which shall expire June 1st, 1988. Seconded by Mr. Farina Motion Unanimously Carried MRS. PAINO moved to appoint Edward Hawksley as Ex -Officio Member of the Conservation Advisory Council. Seconded by Mr. Farina Motion Unanimously Carried Unfinished Business --- a /<�, At the last meeting correspondence was received from Hayward and Pakan indicating that C. B. Strain offered a price of $495.00 for a water meter installation at the Town Hall. The Board requested that Camo Pollution Control be invited to bid on this work; Camo responded to this invitation and put in a bid of $420.00 for the same work ---installing a water meter and a raw water sampling tap for the Town Hall. MRS. PAINO moved to authorize Camo Pollution Control to install the water meter and water sampling tap for the Town Hall at the bid ,price of $420.00 and requested the Engineer to notify Camo. Seconded by Mr. Reis Motion Unanimously Carried Another matter from the last meeting ---Mr. Jeffrey Cooper had requested to the Town to install STOP signs in the Pondview development and was told to submit this request and identify the locations where the STOP signs should be placed. This was done a�/7 by him and he submitted a map to the Town Board previously marking the location for these signs. He was present and Mrs. Paino noted that she had tried to reach him by phone to inform him that they would not address this matter tonight so the Highway Superintendent and Engineer could review the requests. There was also another request from a resident in that area and they intend to combine the two requests, if approved by the two officials, and place the STOP signs in the designated locations. Mrs. Visconti just returned from vacation and she had not reviewed these requests, so Mrs. Paino tabled action to the next meeting. In response to a request from a resident regarding crossroad signs on All Angels Hill Road, Mrs. Paino requested that a letter be directed to Commissioner of Dutchess County Public Works, James Spratt asking for crossroad signs at All Angels Hill Road before Kent Road and at All Angels Hill Road before Pye Lane in both directions and a copy of this request be forwarded to Mrs. Poloncic at 10 Hilltop Drive. The Supervisor had also received requests from residents of All Angels Hill Road and other County Roads indicating that they object to the names of the County Roads being replaced with numerical signs. MRS. PAINO moved to send a letter to Mr. Spratt, carbon copy the Dutchess County Planning Board and Douglas McHoul, Chairman of the Dutchess County Legislature, indicating that the Town Board would like to have the names of the County Roads replaced along with the numerical indications. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Visconti commented that the placement of the names of the roads would be in keeping with the rural atmosphere of the area. Another matter Mrs. Paino referred to was brought up at the last meeting and related to a number of complaints regarding certain regulations not adhered to on a parcel of land on Winfield Terrace. She has had several discussions with the Zoning Administrator and a meeting with the Attorney to the Town and the problem has become very complex; there is still a question on whether this land was legally subdivided. There will be further meetings with the Attorney to determine the status of this situation, and hopefully a solution. WHO Dagney Morley was recognized by the Chair and noted that this land was subdivided in 1963,.the actual deed was turned over and the subdivision completed in 1974; it is recorded on Liber #1388, Page 53 in the County records. This, she intimated, made it a legal subdivision. Mrs. Turk, Pine Ridge Drive, was also recognized by the Chair and noted that she had contacted the Zoning Administrator on this matter at the request of her neighbors, since the property in question is next to her home. The first time Mr. Gunderud assured her it was a legal subdivision. She made another visit to his office and were told that the records showed the land was sub- divided in 1974. Why wasn't the building permit posted --the answer she received from the Building Inspector was that a building permit wasn't required. The information in the office was not clear; there was no Department of Health approval, no one in the office could give her an answer on what is a verbal permit; the Health Department also gave confusing answers. She had other questions relating to modular homes --how are they inspected, how are records kept. There were many other discrepancies that concerned her and she wanted answers. Mrs. Paino noted that the Department of Health comes under the County and the Town has no jurisdiction on septic approvals, this comes under the purview of the County; Peter Marlow or David Ruff of the Health Department Staff could answer questions relating to those items. In regard to the original matter, there seems to be a few different groups with different opinions and Mrs. Paino felt the most logical method to handle this matter was for all involved to meet at a work shop and iron out these opinions, get the facts and reach a determination. She requested that those interested leave their names, addresses and telephone numbers and they would be notified of a date and time of a work shop which would be set up as soon as possible. Mrs. Pitchford, when recognized by the Chair pursued the matter and reiterated some of the facts until Mrs. Paino assured her it would all be considered at the future work shop meeting. Mr. Reis added that there were so many people involved and the Board required input from all officials pertinent to the matter they could not offer any further information until the information was put in place and then it would be relayed to the residents. WN A Gentlemen who identified himself as Kurt Drexler, owner of the property and the house that was being built asked that the matter be settled as expeditiously as possible as his completion date on the house will be in about two weeks. It has been delayed as it is and he would like to get on with it so he can occupy the house instead of the temporary quarters he now lives in. New Business --- Mr. Reis received calls from residents in the Stoneykill Area informing him that they had word from the U. S. Cablevision Company servicing Wappinger that their cable service which was expected to be installed in August of this year, according to Mr. Etichsen, General Manager of the Company, will be delayed. He requested that a letter be directed to Mr. Erichsen requesting information on when the company intends to install the lines for these residents who have already had a long wait. Bernice Mills was recognized by the Chair and asked the Town Board what they intend to do about the cars parked on the east side of the building whose owners were attending a meeting at the Wappinger Junior High School across the street. There is ample parking at the school for these cars so why are they using the Town property. It could also present a liability problem and she felt a letter should be sent from the Town Board to the school authoriites requesting that they inform those attending the meetings to park on the school property. On another matter she asked what the law was pertaining to Stop signs ---it seemed that the residents who were present at the last Town Board meeting were of the under- standing that all they had to do was ask and the signs would be installed. The Wildwood residents have wanted such signs for a long time but she thought the Board had to approve them through a law and it wasn't just a case of asking for them. Mrs. Paino explained the procedure to follow to install Stop signs and prior to introducing a local law, the Highway Superintendent and the Engineer would review the locations requested. Gerard McCluskey, Wappinger County Legislator was recognized by the Chair and offered some items of interest to the Town on a County level. Mr. McCluskey complimented the Town Board on the new Town Hall, and even more so on their attendance at the County when the issue of the airport extension arose. It is a real danger and if they don't keep on top of it it may happen, He doesn't want to see the airport expanded but there are Legislators who do. If the people in Wappinger had not shown up that night it might have turned out differently. He thanked them again. Another matter that would affect all towns in Dutchess County related to the enforcement by the County of the highway right-of-way. This could cost the taxpayer who is not aware of where this right-of- way is,relating to his homeland plants expensive trees in that area, as they will be told to remove them; shrubbery, signs, anything within that area will have to be removed. There are many residents who have no knowledge of this and their lawyers do not either think about it or take the time to tell them. He urged the Board to inform new property owners of this fact. Mrs. Paino asked if the County would notify land owners, especially along New Hackensack Road where they intend to do extensive work. Mr. McCluskey replied that he had complaints and there might be possible litigation in some cases. Residents were informed and the County will not give in on this matter. In one case a sign was in the right-of-way, an expensive brick base and they were forced to remove it. The County Highway Department, through the County Attorney's office will notify the residents. That was the conclusion of Mr. McCluskey's report. There was no other business to come before the Board. MR. REIS moved to adjourn the meeting, seconded by Mr. Bracone and unanimously carried. The meeting adjourned at 8:37 P.M. aine H. Snowden Town Clerk Reg. Mtg. 9/15/86