1985-07-01 RGM
B IMONTHL Y MEET ING
JULY 1, 1985
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
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r\ 1. SUPERVISOR CALL MEETING TO ORDER
I 2. ROLL CALL
: PLEDGE ALLEG lANCE TO FLAG
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3. ACCEPT MINUTES
4. REPORTS OF OFFICERS:
5. PETITIONS & COMMUNICATIONS
Rite-Aid Corp. letter of intent to renew off Premise Beer Lic.
M. J. Mignogna, DOT, response re: Traffic Signal Rte 9D at
Baxtertown/Chelsea Rds.
Stephen Reineke, Attny representing Clov Realty, re: Shelburne
Subd. Sect. II drainage culvert under Myers Corners Rd.
J. E. Railing, P.E. re: Water service to Lookout Point Subd.
(CWWIA) approval
Hughsonville Fire Dist. recommendation for member on T/W Fire
Prevention Bureau
E. Croshier, Sect., Hughsonville Fire Dist. re: Town first
asking permission to use Fire trucks for flushing purposes.
J. Todd, Chelsea Fire Dist., re: consent for Town to install ramp
at old schoolhouse for the handicapped (voting purposes)
Gordon Cameron, Ex. Director, N.X.S.Bridge Authority, re: aesthetic
lighting of the Mid-Hudson Bridge.
A. K. Hicks re: Triathlon, and request for approval to use
Robinson Lane for Bike leg on Aug. 11, 185
Schedule for completion of major corrective maintenance & repairs
for T/Sewer Plants.
Approve proposal for modification of Judges Bench (new T/Hall) H &
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K.
6. COMMITTEE REPORTS
7 . RESOLUT IONS
a. Approve engaging in legal service to participate in proceedings
against PASNY'S Marcy-South project, and authorize Sup. to sign
agreement
b. "Letter of Creditll for Barger/Stenger - Performance Bond on
Riverwood Est. Sect. II
c. Return of variance application fee to McAnerney
d. Bids for Hamilton Drainage - Connors Rd.
e. Bids for Car
f. Change Order - Precast Concrete Pull Box
g. Local Law on additional Stop and Yield street intersections
h. Amendment of Building Permit Fees
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8. UNFINISHED BUSINESS
a. Appointment to CAC - Recommendation from Cons. Adv. Council for
K. Franklin as new member
9. NEW BUSINESS
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10. ADJOURNMENT
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The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on July 1 , 1985, at the Town Hall, Mill
Street, Wappingers Falls, New York.
Supervisor Versace opened the Meeting at 8:04 P.M.
~ Present.
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Gerard McCluskey, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Bernard Kessler, Attorney
Ronald Evangelista, Engineer
Kenneth Croshier, Highway Superintendent
The Meeting started with the Pledge of Allegiance to the Flag.
The Minutes of the Regular Bimonthly Meeting of June 17, 1985,
having previously been forwarded to all Board Members, were now
placed before them for their consideration.
Mrs. Paino noted that she had requested that the bidders on the
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sludge removal contract and the bid prices be included in the
discussion on Lafko's request for an increase in that contract
and this information was omitted.
MRS. PAINO moved that the Minutes of the Regular Meeting of June 17,
1985 be and they are hereby approved, with the inclusion of the
sludge removal 'bids and bid prices, as submitted by the Town Clerk.
Seconded by Mr. McCluskey
Motion Unanimously Carried
There were no Reports submitted for the Board's consideration at this
meeting.
Petitions & Communications
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Notification was received both from Rite Aid Corporation and
Waldbaum's regarding their intent to renew Off-Premise Beer
Licenses. These notices are forwarded to the municipalities so they
can express an opinion for or against the granting of a license to
these companies, or individuals, whatever the case may be.
MR. MCCLUSKEY moved to receive the communications and place them
on file.
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Seconded by Mrs. Paino
Motion Unanimously Carried
A response was received from Mr. Mignogna, Regional Traffic
Engineer of the New York Department of Transportation indicating
that they had conducted a study on our request for a traffic
signal at the Route 9 D intersection at Baxtertown Road and
Chelsea Road and they would advise us of their findings when the
study has been analyzed.
MRS. PAINO moved to receive this correspondence and place it on
file.
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Seconded by Mrs. Ballard
Motion Unanimously Carried
Mr. Stephen Reineke, Attorney representing Clov Realty, developers
of Shelburne Subdivision, wrote to the Board regarding an alternate
in the placing of a culvert on Myers Corners Road. This involved
a proposed agreement with the Town to postpone this project until
after the sale of the two lots; these monies would be kept in escrow
by Mr. Reineke and released initially to pay for the installation of
the culvert.
MRS. PAINO moved to refer the communication to the Attorney and the
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Engineer for their information.
Seconded by Mr. McCluskey
Roll Call Vote: 4 Ayes Mr. Incoronato---Nay
Prior to voting on this motion, Mr. Versace noted that it has never
been the policy of the Town to have a financial arrangement with a
developer for work that he is obligated to do prior to receiving
final approval for their project and one of the requirements of the
Planning Board was that the culvert had to be replaced before they
would consider final approval of this subdivision.
Both Mr. McCluskey and Mrs. Ballard noted after voting on the motion
that their affirmative vote was just to refer it to the Attorney II
and Engineer for further information and in no way did it indicate
they were approving the request. Mr. Incoronato voted against this
referral since he felt that the Town should not even consider this
request.
MR. VERSACE moved to deny request made by the Attorney for the
developers of Shelburne Subdivision to postpone the installation of
the culvert under Myers Corners Road until their lots were sold.
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Seconded by Mr. McCluskey
Motion Unanimously Carried
A communication was received from John Railing requesting a letter
from the Town indicating that the Lookout Point Subdivision will be
served by the Central Wappinger Water Improvement Area; this approval
was required by the Dutchess County Department of Health in order
to receive their approval for this project and the property is
within this Town Improvement Area.
MR. VERSACE moved to direct a letter to the Dutchess County Depart-
ment of Health informing them that the Town has approved Mr. Railing's
request to supply Lookout Point Subdivision with water from the
Central Wappinger Water Improvement Area.
Seconded by Mrs. Paino
Motion Unanimously Carried
A letter was received from the Hughsonville Fire District, recom-
mending the appointment of Ed Dominello to fill the vacancy created
by the resignation of Richard Conte, member of the Fire Prevention Bureau.
MRS. PAINO moved to confirm the appointment of Ed Dominello as a member
of the Town of Wappinger Fire Prevention Bureau upon the recommendation
of the Hughsonville Fire District, and send a letter of thanks to
Richard Conte for his service to the Town.
Seconded by Mrs.Ballard
Motion Unanimously Carried
A second letter from the Hughsonville Fire District indicated that
they would appreciate it if the Town would write to request the use
of the fire trucks in the future. Apparently the trucks had been
used to aid in flushing down tanks at the Fleetwood Development.
Mr. Incoronato informed the Board that he had requested this aid
from Chief Dominello about five or six weeks ago and there didn't
seem to be a problem since the Chief came down with a truck and two
l.. drivers. This was the same procedure he followed last year when they
flushed the Fleetwood tanks. Since they are now expecting a formal
request, Mr. Incoronato said he would follow this procedure in the
future.
MR. INCORONATO moved to receive this communication and place it on
file.
Seconded by Mrs. Paino
Motion Unanimously Carried
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A letter was received from the Chelsea Fire District confirming
their verbal agreement for the Town to install a permanent cement
ramp at the Chelsea School House for easy accessibility for the
handicapped for voting purposes.
MRS. BALLARD moved to receive this communication and place it on
file.
Seconded by Mrs. Paino
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Motion Unanimously Carried
MRS. BALLARD moved to authorize the Comptroller to contact Mr.
Hammond to proceed with the installation of a permanent cement
ramp at the Chelsea School House at a total cost of $476.00
($379 for the ramp and $97 for the asphalt front edging).
Seconded by Mr. Incoronato
Motion Unanimously Carried
A second letter received by Mrs. Ballard and distributed to the
Town Board was a confirmation of a telephone conversation with
Mrs. Croshier, Secretary to the Hughsonville Fire District advising
her that there was a back entrance to the building which the handi-
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capped have been using for years, also the "lip" at the front entrance
did not seem to create a problem in the past. Therefore, no adjust-
ments would have to be made at that Polling Place. She was still
waiting for a response from Mr. Fruscanti from the Knights of Columbus
on Route 82 for permission to smooth the "lip" at their entrance.
MR. MCCLUSKEY moved to receive the letter from the Hughsonville Fire
District and place it on file.
Seconded by Mrs. Paino
Motion Unanimously Carried
A response was received from Gordon Cameron, Executive Director
of the New York State Bridge Authority relating to our inquiry on
aesthetic lighting of the Mid-Hudson Bridge.
MR. MCCLUSKEY moved to receive this correspondence and place it on
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file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A request was received from Mr. A. K. Hicks of the Order Sons of
Italy in America requesting permission to use that portion of
Robinson Lane that lies within the Town of Wappinger for their
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second annual Triathlon on August 11, 1985. The largest part of
the route is within the Towns of East Fishkill and LaGrange who
have already given their permission to this organization. The Town
of East Fishkill will notify their police department, the Sheriff's
Department and the State Police for traffic control.
MRS. PAINO moved to grant permission to the Order Sons of Italy in
America to use a portion of Robinson Lane within the Town of Wappinger
for their annual Triathlon on August 11, 1985.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A Schedule for the completion of major corrective maintenance and
repairs for the Town Sewer Plants had previously been submitted to
the Town Board for their review and consideration of the direction
they would follow to accomplish these repairs. The Schedule
proposed by Camo Pollution Control provided for completion of
the work within three years and the costs involved would be expended
from the operation and maintenance budget of the various districts
over the same period of time; the materials would be purchased
through the Comptroller's Office and installation would be done by
Camo Pollution Control.
MR. VERSACE moved to accept the recommendation submitted by Camo
Pollution Control relating to completion of the maintenance and
repairs to the Town Sewer Plants within three years and the cost
to be charged to the operation and maintenance budget over the
same period of time.
Seconded by Mr. Incoronato
Roll Call Vote: 3 Ayes Mr. McCluskey---Nay Mrs. Paino---Nay
In the discussion that followed prior to the vote on this motion,
Mrs. Paino voiced her concern over the fact that some of these
items could be considered capital improvements and should be put
out to bid. She referred to a communication received today from
Mid-Hudson Pollution Control indicating that they would be interested
in bidding on this work. Mr. Versace responded that the purpose of
his motion to follow this procedure was to save the districts the
expense of the fees charged by the attorney and engineer to draw
up specs and go to public hearing for bonding. The sand filters for
Rockingham and Mid-Point Sewer Plants would have to go through the
bidding process, but the other items could be completed by Camo.
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Mrs. Paino reiterated her concern and thought the Town Board should
take a closer look at the items involved which included major improve-
ments over and above the normal maintenance of the plants. Under the
guidelines of the State and Municipal Law, these particular items
should be put out to bid. Mr. McCluskey, too, expressed concern
and stated that he could not support this motion because they had no
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way of knowing if Camo was offering the best price and used , as an
example the recent bid on Hamilton Drainage indicating extreme dif-
ferences between the high and low bids.
The vote was then taken and Mrs. Paino explained that her negative
vote was due to her concern that some of the items should go to
bid regardless of the fees incurred for the bidding process, as required
by Law. She briefly itemized some of the work that Camo had listed as
capital improvements,_ These should go through the necessary procedure
of going to bid. Mr. Versace rebutted that the Comptroller has
researched the proper manner to handle these projects and there is no
problem with Audit and Control, also the D.E.C. has granted permission
to the Town to complete the required work in this manner.
received from Mid-Hudson Pollution Control.
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MRS. PAINO moved to request the Town Clerk to read the communication
Seconded by Mr.McCluskey
Roll Call Vote:
Councilwoman Ballard Nay
Councilman Incoronato Nay
Councilman McCluskey Aye
Councilwoman Paino Aye
Supervisor Versace Nay
Motion Defeated
Mr. Versace did not vote for this motion due to the fact that it was
late correspondence and a recent policy was set by the Town Board
that unless an emergency existed, no items would be accepted for
the Agenda after the preceding Thursday of the meeting.
Prior to her motion, Mrs. Paino stated that the contents of the
letter from Mid-Hudson Pollution Control were relevant to the subject
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they were discussing.
The next item submitted to the Board for their approval was a proposal
from Hayward and pakan for a modification of the Judge's Bench in the
Court Room of the new Town Hall, which had previously been requested
by both Town Justices. It was pointed out that the materials required
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to make the modification of raising the Judge's seat was a special
item, it would take from six to eight weeks for delivery and the
Board's approval was required to expedite the order.
MRS. BALLARD moved to authorize the Supervisor to sign the Change
Order for the Modification of Judges Bench, when submitted.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Committee Reports---
Mrs. Ballard, Lighting---reported on further information she has
obtained relating to the malfunctioning of the traffic light at
All Angels Hill Road and Myers Corners Road. One of the Engineers
at Dutchess County Department of Public Works has informed her that
they have engaged a consultant who works for the State Department of
Transportation who is available and knowledgeable of the malfunctions
of this particular light and will be on hand to fix it; they have
also reprogrammed the computorized mechanisms that control the light
and have had no problems since.
Recreation---reported on the summer playground program which started
last Monday with increased registrations at all locations. Due to the
bazaar held by the Hughsonville Fire Company, the program will not
start at that location until July 8th, 1985. A registration of 218
children at the new location on Spook Hill Road shows there was a
need for such a program in that area. There have been concerns from
the residents in that area regarding the safety of the children walking
to and from the site on Spook Hill Road. Mr. Klein has been kind
enough to have a path bulldozed from Reggie Drive through the back
woods for the children to enter in that direction. There were also
concerns from the O'Hara family due to the proximity of their swimming
pool to the recreation area which will be discussed at the July 11th
work shop with the Recreation Commission; they will also discuss the
possibility of putting a fence along Spook Hill Road. Further upgrading
of the site will take place during the summer months.
Mr. McCluskey commented that he had several calls from residents
informing him that the Hughsonville site would be closed permanently
and they were told they could send their children to the site at
Reggie Drive. If this was the intent of the Recreation Commission
he felt the Board should have been notified. It concerned him since
there would be no facilities on the west side of Route 9 for the children
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in that qrea. Mrs. Ballard responded that there was discussion on
closing the Hughsonville site, which was included in the recent
Recreation Commission minutes, and the reason was that they have had
poor registration at Hughsonville in the past years. This year they
have had increased numbers of children registering for the program
and it was then decided to open Hughsonville after the bazaar
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equipment had been cleared from the site. This was a subject they
should discuss with the Commission so they could look for another
site next year for the children on the west side, possibly in back
of the new Town Hall. Mr. McCluskey suggested maybe they could use
the Junior High School. Mrs. Ballard brought up the fact that the
children from the Hughsonville area were not being left out of the
activities at the playgrounds; thirty-five of them went to the
pool with the Spook Hill program and the children who were not in
the swimming program attended Splashdown in Fishkill, a total of
250 children. This concluded her report.
Mrs. Paino reported that she also had calls from concerned parents
regarding the children walking on Spook Hill Road to enter the
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recreation site and have requested a pathway be made from Nancyaleen
Drive, where most of the children live, to the recreation. Mr. Klein
has offered to clear a path in the Town right-of-way at no expense to
the Town and will arrange to have the property surveyed, also at no
cost to the Town.
MRS. PAINO moved to send a letter to James Klein Construction and
Barger, Campbell, Gray and Railing, authorizing them to clear the
path and do the necessary surveying work on the Town property.
Seconded by Mrs. Ballard
Motion Unanimously Carried
As a point of information, Mrs. Ballard added that she had been
notified that Mr.Klein was clearing a pathway and visited the site
to find that they had bulldozed the wrong pathway through property II
owned by Mr. Zammiello. She was very willing to second Mrs. paino's
motion so the path would be put in the proper place.
Mrs. Paino continued her reports and referred to her request at
the last meeting to forward a resolution adopted by the Town Board
on March 4, 1985, requesting our Legislators to enact legislation
limiting tort liability, to Supervisor Virtue of East Fishkill.
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We also requested that he forward any resolutions on this matter
that their Town Board had to offer, to our Board Members. We have
received from them a similiar resolution passed by their Board on
June 13, 1985, also the following response from Senator Rolison:
June 18, 1985
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Hon. Francis J. Versace
9 Pattie Place
Wappingers Falls, N.Y.
Dear Frank:
Recently my office has received much correspondence regarding
the municipal tort crisis. Therefore, I thought it would be appro-
priate to update you on legislation that addresses this pressing
situation.
I have been working closely with Senator Charles Cook, Chairman
of the Local Government Committee to formulate legislation that
addresses this problem. As a result, Senate Bill 6485 has been
introduced in the Senate. This bill would reform the doctrine
of joint and several liability by limiting the amount of damages
awarded against a municipality to its equitable share of the total
damages awarded. Consequently, a municipality would no longer
face the prospect of paying damages far in excess of its judicially
determined liability.
I believe that this legislation would result in significant
savings to your municipality. Please be assured that I will support
this measure should it reach the floor of the Senate for consideration.
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Please feel free to contact my office if you have any comments
or suggestions regarding this issue.
Sincerely,
sl Jay
Jay P. Rolison, Jr.
Senator
Since Mrs. Paino had introduced the resolution, she was gratified
that someone in the Senate was working on this matter and moving in
the right direction to try to limit the amount of money that towns
have to payout in tort liability cases. She added that she hoped
they would establish a cap as far as the recovery program goes.
Mrs. Paino, Landfill---reported that they have received correspondence
from Dutchess County Legislature she had requested at the last meeting
regarding the designation of the Dutchess County Airport Balefill as
1. a critical environmental area; she agreed with their designation in
view of the fact that the report indicates there are four wells
belonging to Atlas Water Company located about 2,000 feet from the
balefill and it further indicates that there is a drainage ditch
leading to the Wappinger Creek. This designation serves to alert
prospective property owners in that location and the surrounding
area that there has been a question regarding the environment at
that particular location. Mrs. Paino requested that the Conservation
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Advisory Council be notified that this resolution is on file
for their information if they wish to review it.
Mr. Incoronato, Ordinance Committee, reported that the Citizens
Zoning Advisory Council (CZAC) have been working on changes to
sections of the sign ordinance for over three weeks and briefly
summarized the changes they are proposing. Th~se proposed changes
were presented to the Town Board for their review and further
discussion at the work shop session; Mr. Incoronato planned to
introduce this ordinance at the next meeting. His next item
related to Section 104 regarding the objectives of the Zoning Board
and states "zoning regulations must prevent overcrowding of the
land and undue congestion of population". Mr. Incoronato then
presented a chart prepared by the Commissioner of Dutchess County
Planning Department comparing the population trend and population
density of the Town of Wappinger with the remainder of Dutchess
County. The chart showed a 200% increase in the population trend
in Wappinger from 1960 to 1980 and the projection for the year
2,000 showed another 50% increase; Dutchess County showed a 50%
increase from 1960 to 1980 and 30% projection in the year 2,000.
The population density figures showed a similiar proportion---
the Town is growing at a rate of 50% greater than the County and
will continue this growth to the year 2,000. The Building Inspector's
office reported approximately 400 new homes in Wappinger this year
and Mr. Incoronato named some of the new areas that are now being
developed. His point was that the Zoning Ordinance was not keeping
up with the growth of the Town and the CZAC needed adequate time to
complete a comprehensive review of the zoning regulations. He urged
the Supervisor to schedule a work shop session of the Town Board to
discuss and consider imposing a moratorium on residential development
involving two or more homes.
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Mr. McCluskey had no Committee Reports for this meeting, but brought
up a concern previously stated by other Board Members, regarding the
lack of maintenance on the state highways.
MR. MCCLUSKEY moved to send a letter to the New York State Department
of Transportation expressing the Town Board's concern of the littered
medians and obstruction of traffic device signs due to overgrowth
and request that they address this matter.
Seconded by Mrs. Ballard Motion Unanimously Carried
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Resolutions---
The first item for the Board's consideration was an Agreement with
the Attorney handling the PASNY'S Marcy-South 345 kv Project allowing
the Town to participate in engaging legal services with other munici-
palities against the project.
MRS. PAINO moved to authorize the Supervisor to sign this Agreement
1. and authorize the Comptroller to expend an amount not to exceed
$3,000.00 from the Federal Revenue Sharing Account, for our share
of the Attorney's fees.
Seconded by Mrs. Ballard
Motion Unanimously Carried
An Amended Letter of Credit was received from R. G. Barger and
D. W. Stenger for the Riverwood Estates, Section 2. The improvements
recommended by the Engineer have been included and the expiration
date was extended from May 16, 1986 to December 31, 1986, as
requested. Both the Engineer and the Attorney stated that they
had no concerns on this document.
MR. INCORONATO moved to accept the Letter of Credit for the Riverwood
1. Estates, Section 2, upon the recommendation of the Attorney and the
Engineer.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The following Resolution was offered by COUNCILWOMAN BALLARD:
WHEREAS, a variance application fee #819, was received from
Mr. & Mrs. McAnerney on May 29, 1985, and
WHEREAS, it was later determined a variance was not required,
BE IT RESOLVED, that the sum of $35.00 be and is hereby
refunded to Mr. & Mrs. McAnerney from Account B-2ll2, General
Fund, Town Outside Village.
Seconded by: Counc~lwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
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Eight bids were received for the Hamilton Drainage - Connors Road
Phase VII, Storm Drainage Program. The bids ranged from $59,417.52
to $125,597.50 and were itemized on a bid summary submitted by the
Engineer along with a letter recommending that the bid be awarded
to K & A Excavating Contractors Inc. as low bidder in the amount of
$59,417.52.
MR. VERSACE moved to award the Hamilton Drainage Bid to K & A
\ Excavating Contractors Inc. in the amount of $59,417.52, the
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Supervisor be authorized to sign the contract and the monies be
expended from the Downstream Drainage account.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. McCluskey questioned the Engineer on the range of bids received
for this bid---from $59,417.52 to $125,597.50, was there a specific
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reason for this difference.
Mr. Evangelista responded that there could be a number of factors
involving the economy, how hungry the bidder is, what other work
they have pending. His company has noticed this happening with a
number of projects they have put out to bid. They noticed nothing
to be out of line or too low when checking the bids.
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Two Bids were received for a Town Car---Terry Buick in the amount
of $8,415.00 and Freedom Ford in the amount of $7,045.00. The
Town Clerk noted that Terry Buick did not include signed statements
#1 and #2 which are required by General Municipal Law.
MRS. PAINO moved to award the bid to Freedom Ford in the amount of
$7,045.00 as low bidder and authorize the Comptroller to expend
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this amount from line item B-Vehicle.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mrs. Paino noted that by purchasing this vehicle the Town would
now be able to have two cars for the Vandalism Patrol which she
felt is greatly needed due to the increased population, as pointed
out previously by Mr. Incoronato. Mr. Versace commented that, to
his knowledge, the Town Board had not authorized the use of two cars
for the Patrol and it was his opinion that the intent was to use the
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car as a back-up in the event there was a breakdown. In the discussion
that followed, Mrs. Paino stated that they had already discussed this
at a work shop session and a motion was made by her at a previous
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Town Board meeting to use the car for a back-up and also as a second
car for the patrol during the summer months. The Supervisor preferred
to discuss the matter with the Board Members and the Comptroller
to ascertain that there were funds available for the use of two
cars on the patrol.
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At the last meeting a Change Order for Precast Concrete Pull Box
was tabled pending further information on the price.
MRS. BALLARD moved to table action on this Change Order to the July
15, 1985 meeting.
Seconded by Mrs. Paino
Motion Unanimously Carried
A Public Hearing having been held on a proposed Local Law Regulating
Traffic Within the Town of Wappinger on July 1, 1985 by the Town Board,
the matter was now placed before them for their consideration.
MRS. PAINO moved to adopt Local Law #3 of 1985 as follows:
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
Section I:
Full Stop Streets
The following roads and highways are hereby designated as full
stop streets and intersections and all vehicles shall observe any
posted Stop Sign at the intersection hereinafter described before
entering the intersecting street:
Bowdoin Lane with its intersection at Wheeler Hill Road.
Amherst Lane with its intersection at Wheeler Hill Road.
Old State Rd. (Reeves By-Pass) with its intersection at River Road North.
Sky top Drive with its intersection at River Road North.
Lake Drive with its intersection at River Road North.
Theresa Blvd. with its intersection at Cedar Hill Rd.
Spring Hill Court with its intersection at Diddell Rd.
Sabia Drive with its intersection at Diddell Rd.
Kretch Circle with its intersection at Fleetwood Drive.
Section II:
Yield Streets
The following roads and highways are hereby designated as Yield
Streets at the following intersections, and all vehicles shall observe
posted Yield Signs thereon before entering intersecting streets:
Ada Drive at Michael Drive
Section III:
Fines
Any vehicles failing to observe the stop signs or yield signs
above described shall be subject to prosecution for violation of
this Local Law and shall be subject to punishment by a fine not to
exceed $25.00. A violation of this local law shall be deemed a
traffic infraction.
Section IV:
Effective Date
This Local Law shall become effective upon filing with the
Secretary of State.
Seconded by: Mr. McCluskey
Roll Call Vote: 5 Ayes 0 Nays
A Public Hearing having been held by the Town Board on July 1, 1985,
on an Amendment to an Ordinance for Administering and Enforcing the
State of New York Uniform Fire Prevention and Building Code, the
matter was now placed before them for their consideration.
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MR. VERSACE moved to adopt the following Amendment to the Ordinance
for Administering and Enforcing the State of New York Uniform Fire
Prevention and Building Code:
BE IT RESOLVED AND ORDAINED by the Town Board of the Town of
Wappinger as follows:
Section 1:
Building Permit Fee
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$4.00 per $1,000 of estimated cost and a minimum fee of $10.00
which said fee shall be based upon the adjusted estimated cost of
construction for the year 1985 as shown on the attached adjusted
estimated cost schedule affixed hereto and made a part hereof.
Section 2: Miscellaneous fee Services for Demolition Permit,
building permit fee refund schedule, certificate of occupancy where
no building permit has been issued or has expired, temporary
certificate of occupancy fee for commercial buildings constructed
under site plan provisions, issuance of duplicate certificates of
occupancy, copies of building permits and site plan, and copies of
department records as set forth on the attached miscellaneous fee
services schedule which is made a part hereof.
Section 3: This amendment shall become effective upon its
adoption as prescribed by Law.
ADJUSTED RESTIMATED COST - CONSTRUCTION 1985
Building Permit Fee
1. One Family Dwellings
"" "
(Main Floor)
(2nd Floor)
$35.00 sq. ft.
22.00 " "
2. Multiple Dwellings:
a) Apartments, Hotels, Motels
b) Boarding Houses, Convalescent
3. Residential Garages (Attached, Detached)
4. Mercantile:
a) Business, Office Bldgs.
b) Places of Public Assembly
c) Garages, Service Stations
d) Assembly Halls & Club Houses
5. Factory (Industrial)
a) Finished
b) Unfinished
6. Recreation Rooms
7. Accessory Buildings:
a) Utility sheds, etc
8. Swimming Pools (Flat Rate)
a) In-ground pools
b) Above-ground
9. Standard masonary fireplace (single flue)
flat rate
pre-fab with chimney
38.00
"
"
-
"
"
"
14.00
"
"
31.00
"
"
"
"
"
26.00
29.00
"
"
"
"
31. 00
17.00
16.00
"
"
"
"
"
"
11. 00
"
"
35.00
20.00
21. 00
14.00
MISCELLANEOUS FEES SERVICES
~~~~~~~~o~e~:f~iiee refund (If requested within 25.00 ~
90 days no construction started) Fee retained II
for paper work/review 28.00
C/O inspection (Where no B/P was issued
or has expired) 25.00
Temporary C/O - for commercial buildings built
under "Site Plan" provisions 20.00
Issuance of Duplicate Certificate of Occupancy 5.00
Certified copies of Building Permits and
Site Plan: Cost of reproduction plus
$5.00 handling fee each.
Copies of Department Records: $.25 per page (up to legal size paper)
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Seconded by: Mrs. Ballard
Roll Call Vote: 5 Ayes 0 Nays
A late report was submitted by the Engineer on bids received by
his office on the Montfort Road Water Service Extension. Three
bid proposals were submitted ranging in price from $3,400 to
$5,985.00 and the work involved extending the water line to
service the Palmateer property on Montfort Road which lies within
the boundaries of the Central Wappinger Water Improvement Area.
The Engineer recommended awarding the bid to Wilson Excavators
Inc. as low bidder, in the amount of $3,400.00
MR. VERSACE moved to award the bid to Wilson Excavators Inc. in
the amount of $3,400.00, for the Montfort Road Water Service
Extension, upon the recommendation of the Engineer.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mrs. Paino noted that she had no problem in voting on a project
that should be done as expeditiously as possible, however this
information was just received tonight and she felt it paralleled
her previous request to have the letter from Mid-Hudson Pollution
Control read into the Minutes. The contents of the letter, she
added, were certainly germaine to the subject they were discussing
at the time. Mr. Versace did not agree with this comparison since
the Town Board requested the Engineer at the June 17th meeting to
submit the bid report and their proposal on the sand filters for
the Rockingham and Mid-Point Sewer Treatment Plants, at the July 1st
meeting. This information was not new but pertained to a problem
that has existed for several years, and he regarded the letter Mrs.
Paino referred to as a new communication just received tonight.
Mrs. Paino countered that the letter in question was relevant to
the vote on the upgrading of the Town Sewer Plants, another long
standing problem and when the need arises she has no problem acting
on items not included on the Agenda.
The next communication submitted by the Engineer at tonight's meeting
was a proposal for preparing bid specifications for the sand filters
at the Rockingham and Mid-Point Sewer Treatment Plants which had
been requested by the Town Board at a previous meeting. The total
amount of this proposal amounted to $5,500.00 for bid document
}6J
preparation and supplemental services, which were briefly summarized
by the Supervisor.
MR. VERSACE moved to retain the firm of Morris and Andros at a cost
of $5,500.00 to prepare bids and specifications for the sand filters
at Rockingham and Mid-Point Park Sewer Treatment Plants.
Seconded by Mr. Incoronato
II
Roll Call Vote: 4 Ayes Mrs. Paino---Nay
Mrs. Paino was in favor of these projects but felt that the proposal
submitted by the Engineer required further review.
MR. VERSACE moved to authorize the Attorney to prepare the necessary
documents required for a public hearing on these projects.
Roll Call Vote: 4 Ayes
Mrs. Paino---Abstained
Unfinished Business---
At the last meeting a letter was received from Kenneth Franklin
expressing his interest in becoming a member of the Conservation
Advisory Council. A recommendation was received from the Council,
as requested by the Board, for the appointment of Mr. Franklin
to the Council.
I
The following resolution was offered by COUNCILWOMAN PAINO who
moved its adoption:
RESOLVED, that Kenneth Franklin be and he is hereby appointed
to the remaining unappointed seat as a member of the Conservation
Advisory Council of the Town of Wappinger, and it is further
RESOLVED, that the aforesaid person is hereby appointed to
the said Conservation Advisory Council for a term which shall
expire July 1, 1987.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
New Business---
A request was received from the Assessor, Thomas Logan, to attend
the Annual Seminar for Assessors from August 4th to August 9th, 1985
at Cornell University in Ithaca, New York.
-
MRS. PAINO moved to grant permission to Mr. Logan to attend the
Seminar at Cornell University from August 4th to August 9th, 1985
and all legitimate expenses would be a Town charge.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The Town Clerk informed the Board that she was served today with
an Article 78 by the Faith Bible Church against the Town of Wappinger
,2 (j 'J-
regarding the assessment on their property.
MR. MCCLUSKEY moved to refer this matter to the Attorney to the
Town to defend on behalf of the Town of Wappinger.
Seconded by Mrs. Paino
Motion Unanimously Carried
The Attorney noted that in this case, there was nothing to defend.
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He would file an Affidavit with the court indicating that he agrees
with Mr. Logan's Affidavit that was affixed to the petition. It
was apparently a clerical error and the corporate entity that owns
the property was not granted the religious injunction in sufficient
tome to notify the assessing agency to remove this from the Assess-
ment Roll.
There was no other business to come before the Board.
MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr.
Incoronato and unanimously carried.
The Meeting adjourned at 9:40 P.m.
laine H.~sn~
Town Clerk
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Reg. Mtg.
7/1/85
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A Public Hearing was held by the Town Board of the Town of
Wappinger on July 1, 1985 at the Town Hall, Mill Street,
Wappingers Falls, Dutchess County, New York, on an Amendment
to the Ordinance for Administering and Enforcing the State of
1
New York Uniform Fire and Building Code.
Supervisor Versace opened the Hearing at 7:35 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
Absent:
Gerard McCluskey, Councilman
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 of the Minutes of this Hearing).
Mr. Versace explained that this Amendment will equalize the fees
for all building permits resulting in elimination of irregular
costs of construction being submitted by builders. It also
includes fees for inspections relating to certificate of occu-
pancy where no building permit has been issued or has expired,
and other miscellaneous fee services.
Mr. Versace asked for comments from the public either for or against
the proposed Amendments.
There were no comments made for or against the Amendments.
MR. INCORONATO moved to close the Public Hearing, seconded by Mrs.
Ballard and unanimously carried.
The Hearing closed at 7:38 P.M.
~~~~
Elaine H. Snowden
Town Clerk
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TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
-------------------------------
IN THE MATTER
AFFIDAVIT OF
OF
POSTING
NOTICE OF PUBLIC HEARING ON
AN AMENDMENT TO THE ORDINANCE
FOR ADMINISTERING AND ENFORCING
THE STATE OF NEW YORK UNIFORM
FIRE AND BUILDING CODE
-----------------------------------
STATE OF NEW YORK
ss:
COUNTY OF DUTCHESS
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on June 19, 1985, your deponent posted a copy
of the attached notice of Public Hearing on an Amendment
to the Ordinance for Administering and Enforcing the
State of New York Uniform Fire and Building Code, on
II
the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, Mill Street,
in the Village of Wappingers.Falls, Town of Wappinger,
Dutchess County, New York.
~'1 U '~-Jl~
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to befo~,~e, this
/ t% day of . . 1985.
~~ jl(~~)
Notary Public
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....,.:.:.~~--
.... ~ .
.... lit Od -::i.~
(;olIIa"""-' .......
"
~J. c:umd z. 'D.
NEWS
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DISPLAY ADVERTISING
-:-
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET-WAPPlNGERS FALLS t NY 12590
L
.,OTIC E OF PUBLIC MEARING
NOTICE IS HEREBY GIVEN that ..Publlc Haarlng will be IIeld by tile Town of
Wappinger Town Board on the 1st day of July, 11186 at 7:30 P.M. at ilia Town Hall
located on Mill Str..t, Wapplngel1l.Falls, COunty of Dutch..e and State of Naw
York.!. concerning an amandmenllo an ordinance lor admlnlslerlng and anforclng
ilia ",tale 01 New York Uniform Flre.Prevention and Building Code (formerly Naw
York Slate Building Construction C9de) as follows:
BE IT ENACTED AS FOLLOWS: .
lIacflon 1: BuHcllng Permit F....
14.00 per $1,000 of estimated cost and a minimum f.. ot $10.00 whlell ..Id lea shall
be based upon tlla sdjusted estimated cost of construction tor the year 1885 as
sllown on tlla attachad adJusted aatlmated cost schedule affixed llareto and m.sa
a pari hetaot. "
lIacflon 2: Mlacella_sfea Sarvlca tor DamotItlon Pannlt, build.... pannIt f.. re-
fund acIIadula, certlflclata .. occupancy wIIara no bulldlna pennlt h.. baaIII8IU8lI
01' haa explracl, Iampor::=Clel1Iflcate of occupancy faa for _lal buIIcI.....
_truelad under tfta prow\aIonI, lasua_ Of cluplfcate cMlIIcataa 01 00-
cupancy, copIa. 01 ng ,.,.11a and aft. plan, and coplM .. cIapeItlMnt
raConIa aI...t lortIl on tile attaclled m1ace11_fea aarvlcaa ....... whlctlla
_cia a part 1IaraoI. . .;. . . . ,
&action 3: Thl. amendment shall beCOme effective upon II. adoption a. prescribed
bylaw.
PLEASE TAKE FURTHER NOTICE, thalalllntere.led persons will be lleard at tlla
above .tated time a~Place. BY ORDER 01'
,. l ;'d ,>..} " T~51~~."
... ~ I Ii, I
.. ff. ".. i;:"l,d'f -/~,,/J'l:
.. ADJUSTED EStiMATED COST
. ' CONSTRUCTION 1111& t
Building Permit Faa . " '..' .'
t. One Family Dwelling. (Main Floor)
One Family Dwellings (2nd floor)
2. Multiple Dwelling.:
a) Apartments, Hotels, Motels
b) Boarding Hou.... Convale.cent
$35.00 IIq ft.
22.00" If
38.00" .
. 38.00" .
14.00" ..
3. Raaldentlal Garagea (Attached, Dateclled)
t... -.
4. Mercantile: ' .
a) Buslnes., OfflceBldgs.
bl P1aca. 01 Public As.embly
c Garages, Servk:e Station.
d) Assembly Hall. & Club Hou...
5. Faclory (Industrial)
al Finished
b Unfinished
31.00" ..
31.00" ..
28.00" ..
29.00" ..
31.00" ..
17.00" ..
\
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8.~~a-tl~~,~.?~.m!~:;~?~\?~t~r'\'i.~:::,~:_'~_~':':-'~:-'1 ,~'t'; ,;,;,'l~~. 1e.00....
".'Accasaory Bulldings:'<' '" ,;'y . .
i,;;~ 1It111~ s~ ~!S, .~,,;':"{
e. Swimming PoOls (Flat Rate}
alln-ground pool. "f..';'c.
b~~tt-grou~ " ',;:i,:,
II. Standant masonary flraplacelllngla flue) .
Flatrale , " ".., ,'11.00
Pr.'abwlttl c;/llmjWY"'t;,1.""..,.~i",,, i":" .t''1'" ,14.00 t..',:
::,,:;"~, ,'~;~-:._~T":)- ft:j:,;d; ;_~'i:_,_..>1j:,..,-\'-;i: iIl'.: -' t~_1~:I;_ t>;::;':'};
.~." '0, ''''If;.;I''.i MICILI,.ANEOUSFI!Y .,:.\\I"!;h<l~1
o~~:pannlt.f;~;;: '~:;S~~Rt~~X: ' ~'" ." ',', " ·
BuHclIna pannlt laa relund (If requelted within 110
day.. N"oconstructlon .tarted.) Fee retained lor ' .
paper worlllrevtew "
~I::r-~Ion (W.llare no B1P,was,l.sued or ha~
Temporary C/O . for commercial bulldinQ. built
under "SII. Plan" provl.lons' ,
lesuance ot Duplicate Certificate 01 Occupancy
.~, ,Certified cople. of Building Permit. and Site Plan:
", '" Cost of rellroductlon pius $5.00 handling lee eacll.
c' ')"fCoDlft ot Department RecorlIa: $.25 par page Cup
.'" .~fegal size paper)
~I ~- '.
''::~';~:'';:
~-~.~,:~ ~~..
s
AFFIDA VIT OF PUBLICA nON
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
t. h . f h Bpo""eener
Imes erema ter was, t e..... . f'-A . ~ . . . . . . . . . .
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. . . .QnE: . . . weeks successively. . 9~9~.
. h k 'h 19thd f Jun.
. 10 eac wee ,commenCIng on t e...... ay 0 .....
. 19.8.5. . and on the following dates the~eafter, namely
on
d d' h 10th d f June
an en Ing on t e....;....... ay 0 . . . . . . . . . . . .
19.&5. both days inclUSr/)
. L%?i?1o: . @~ J:. .. .
Subscribed and sworn to before me
this... .19tQ.... day of. .. .~~,.. .19. .8.5........
.... ~. e'.... --:7:'... .~
Notary Public
My commission expires. . . . . . , . . . . . . . . . . . . . . . . . .
ALBERT M. OSTEN
NOTARY PUBLIC, STA,;: CF flEW YOf\K
QU,.,\UFJE] I ~ ;.li;Tt:);~:~S f;UUNT'r
;; 1..J.r;:2~0760
COMMISSION EXPiP.ES MARCH 30. l!1.Rb
... .. ,"..--,'.:
A Public Hearing was held by the Town Board of the Town of
Wappinger on July 1, 1985, at the Town Hall, Mill Street,
wappingers Falls, Dutchess County, New York, on a proposed
Local law Regulating Traffic Within the Town of Wappinger,
(Stop & Yield Signs)
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
Supervisor Versace opened the Hearing at 7:55 P.M.
r
,
Present:
Absent:
Gerard McCluskey, Councilman
The Town Clerk offered for the record the Affidavit of Posting
and Publication duly signed and notarized.
(These Affidavits are
attached hereto and made part thereof of the Minutes of this
Hearing) .
The Highway Superintendent recommended the installations of these
Stop Signs at various intersections and one Yield Sign as stated
in the proposed Local Law.
Mr. VErsace asked for comments from the public either for or
against the Local Law.
No comments were made from those present either in favor or against
the Local Law.
MR. INCORONATO moved to close the Public Hearing, .seconded by
Mrs. Ballard and unanimously carried.
The Hearing closed at 7:58 P.m.
~~~~~
Elaine H. Snowden
Town Clerk
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It:
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TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
--------------------------------
IN THE MATTER
AFFIDAVIT OF
OF
POSTING
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW REGULATING
TRAFFIC WITHIN THE TOWN OF
WAPPINGER (STOP & YIELD SIGNS)
-----------------------------------
STATE OF NEW YORK
COUNTY OF DUTCHESS
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on June 19, 1985, your deponent posted a copy
of the attached notice of Public Hearing on a proposed
Local Law Regulating Traffic Within the Town of Wappinger,
on the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, Mill Street,
in the Village of Wappingers Falls, Town of Wappinger,
Dutchess County, New York.
~tw U ~~
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn (~:~~e me this
day of 1 1985.
(/ .
&~~
/d
Notary Public
l111 mI!tIiL T I
't vru.I_IT.......~
C.....;...... ...... e::::
II
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!i
u. armd 11. D.
NEWS
DISPLAY ADVERTISING
-:-
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET-WAPNNGERS FALLS. NY 12590
Le'gal Notices
"
AFFIDA VIT OF PUBLICATION
L
NOTIC~ IS HEREBY GIVEN that
there hal been duly presented and In.
troduced before the Town Board of the
Town of Wappinger, DutcheSS County,
New Y()I\(, on June 17, 1985, a propoeed
\.ooal Law as followl: '
,,' A Local, Law regulating trafle within
tile Town of wappinger.
BE IT ENACTED Y the Town Board
of the Town of Wappinger al followl:
SECTION I: Full Stop Str....
rile following roada ~ highways
are hereby d.slgnated as full Itop
'i.lr....and Interaectlons 'ana all "
vehicl.. shall observe any POlted Stop
,81gn at tile Int.raectlon h.,eln.fter 't
. described before anWlng the ,In-l
tarsectlnll street: I
Bowdoin Lane with Ill, Intersection at
Wheeler Hili Rd.
. Amllerst Lana with itl intersection at
Wheeler Hili Rd.
Old State Rd. (Ree....s By'Pau> with
Ita Int.,lectlon at RI....r Road .North
8kytop Drive wltll ita In\8~o!l, a!
RI~k~oa~l~e~~th ~. Illt.raec~' at
Ri~~:'~:~ ~{;rwlth It I interaeclion at
Cedar Hill Rd.,f
Spring Hnl Court with its Interaectlon
at Dlddell Rd.
Sabia Drive with Ita Intersection, at
Di~~::~~dCirCIe with ita Interaecti~at
Fleetwood Drive.
SECTION II: Ylald SIr.... . ,
The following roads and highWaYS
are herby designated as Ylald Streets
at the following Intersections, and all !
vehicles shall observe peated Yield
Signs thereon before a"terlng In-
tersectin\lstreeta:, t, "'"
Ada Dnve al Michael Drive. ,';,
SECTION Ill: Flnel' " '
Any vehicles faillng to Observe the
stop signs or yield signs above describ.
ed shall be subject to prosecution for
violation of thil Local Law and shall be
subject to punishment by a fine .lIOt to
exceed $25.00. A violation 01 thla local
law shall be deemed a tra,,1e l!!ftac,!!OO."
, ~~~TL~a\V~::1~: ::C~'ff~".1
ilve upon filing with tile Secratar'f 01 i
St;:~TICE IF FURTHER GIVEN that the '
Town Board will conduct a Public Haar. .
Ing on the aforeseld proposed Local ,
Law at Ihe Town Hall, Mill SIt....Wap. ..
plngers Falls, Dutchess County, New
York on July 1, 1985 at 7:50 P.M. on
au. ch date at which tI"""!!!~'. arties In..
terested will be heard.~'c, -, .. I'
'NOTICE IS FURTHER' G EN Ihat
, 'coplea of the aforesaid prOposed Local I
Law will be available for .'faT~nTatlon,\.
and InSfection allhe ollie. 9 t..~ "own .
Cieri< 0 the Town of Wappinger Itlthe
Town Hall between the date of !tie
. nollce and the date of.. the public hear. 1
Ing. ELAINEH.SNOWDEN I
. _ I>. '. . Town Clerk \
.' Town 01 Wappinger
Dated: June 18, 1985
State of New York,
County of Dutchess,
Town of Wappinger.
. . . . . . . . . . Qi,(I,11l. ~Ard. tj~ . . . . . . . . . . . . . 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 primed 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. . .QJlC.
. in each week, commencing on the. .19th day of .Ju.
. 19.8,. and on the following dates thereafter, namely
on
and ending on the. . . ~9th. . . . . day of. . . .J\Ule. . . .
19...: bOlh daY'i~C:U":Z'~. .f!1~:f.
Subscribed and sworn to before me
this. . 19th. .... day or. . . Jun.. .. .19.13'........
~--c....--~- --
..~......................
Notary Public
My commission expires. . . . . . . . . . . . . . . .. . ... .. ..
L
ALBERT 1\1. OSTEN
NOTARY. rU3L1C. ~r.n[ Of f,EW VORl
QJ.;:.:F1U I:: r:;! ~:::;:'~'S COUXTY
.# :-,;~"C~>~:J}[:J
r.OI''''I~e'''" "'1'1"1'" ~
. Jld" OJ.lit,;'! .... ,- "~~"I01'\1 "0 In
w" ,II... ..,,.., '." .J. :"f
~"'.t"- i .....~
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)..oS-
questions they may have on Mr. Evangelista's request to acquire this
lot for a future water storage tank should be addressed at their
review sessions. This was not a matter for the Town Board to clarify.
MR. VERSACE moved to receive this memo and place it on file.
Seconded by Mrs. Paino
Motion Unanimously Carried
The next item Pizzagalli re Emergency Water Pumping Station, was
removed from the Agenda. Mr. Versace explained that the Board had
a meeting with representatives from Pizzagalli last Thursday, but
did not reach any conclusions in the matter of the pumping station.
MR. VERSACE moved to table this matter for further discussion.
Seconded by Mrs. Paino
Motion Unanimously Carried
A request was received from Susan Woodwell for a Stop Sign at the
intersection of Eck Road and Michael Drive on Michael Drive facing
a westerly direction. In a telephone conversation with Mr. Versace,
she expressed her concern, as well as other residents of the area,
of vehicles speeding through Michael Drive and not slowing down as
they entered Eck Road.
Mr. McCluskey expressed his concern about the number of requests the
Town was receiving and the actual need for them. He was not referring
to this particular request, however, if all reques~are granted he
felt the signs would lose their value and be disregarded. He recom-
mended that the Town first investigate the need for any future requests
for these signs before they consider acting on laws to install them.
It was Mr. Versace's opinion that the residents who request these
signs do so because they feel there is a need for this precaution in
their area. They should be addressed by the Board until such a time
when it is determined that the signs are being completely ignored.
Mr. Versace then directed the Attorney to prepare a Local Law for a
Stop Sign on Michael Drive at the intersection of Michael Drive and
Eck Road, facing a westerly direction, for the August 5th, 1985
meeting.
An application was received from Frederick Kussin for a Peddler's
License to operate a hot dog truck in the Town of Wappinger.
MRS. PAINO moved to approve the issuance of a Peddler's License to
Frederick Kussin for the operation of his hot dog truck in the Town.
Seconded by Mrs. Ballard Motion Unanimously Carried
i ,_ ;.oh
Before going into Committee Reports, Mr. Versace recognized Peter
White, Wappinger Dutchess County Legislator, who was present to
report on County activities of interest to the Town.
The only item Mr. White reported on related to recent problems with
the traffic signal at the intersection of Myers Corners Road and All
Angels Hill Road. Due to the unique mechanism required for the
operation of this light, repairs must be made by a company outside
-
of the County which results in a long period of a malfunctioning
light. Arrangements have been made for a representative from the
Dutchess County Department of Public Works to be instructed in the
repair of this mechanism and Mr. Spratt has agreed to purchase a
second light for spare parts. Hopefully, within the next two or
three months, the problems with this light will be solved.
Committee Reports---
Mrs. Ballard, Health & Safety, reported that Mrs. Snowden had a
willing applicant for the position of Dog Control Officer in the
Town. Both she and Mrs. Snowden interviewed the applicant, James
Kelly, and explained the procedures to him. Copies of Mr. Kelly's
application had previously been distributed to all Town Board Members.
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MRS. BALLARD moved to appoint James Kelly as the third Dog Control
Officer for the Town of Wappinger at the rate of $4.00 per call and
$.20 a mile.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mrs. Ballard, Recreation---reported that the main topic of discussion
at work shop session with the Recreation Commission last Thursday was
the Spook Hill Recreation Site; the intent of the Commission, for the
completion of the site, is to acquire additional equipment and fence
portions of the area. The playground equipment they are considering
is a unit called "Billy Goat Gruff", priced at $2,300.00, an additional
fencing along the front of the site on Spook Hill Road, a one rail
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swing set with six swings, $1,000.00, one bike rack (no price given)
fence along the path of the recreation site back to Nancyaleen Drive,
also fencing along the O'Hara property. In order for the Director
to purchase this equipment, approval is required from the Town Board
to expend the monies from the Parkland Trust Account.
MRS. BALLARD moved that the cost of the equipment and fencing for the
Spook Hill Recreation Site be expended from the Parkland Trust Account.
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Seconded by Mrs. Paino
Motion Unanimously Carried
Noting that monies in this account were acquired from developers in
lieu of dedicating land for recreation, Mr. Incoronato felt that, in
the future, monies from this account should be applied to the areas
where they originated. He did not object to the expenditure for the
equipment to complete this recreation site.
Mrs. Ballard asked that a letter be directed to the Recreation Com-
mission stating that the Town Board has agreed to expending monies
from the Parkland Trust Company for the purchase of the above stated
equipment and fencing.
Mrs. Ballard, Water and Sewer---reported on a meeting with representa-
tives from Camo Pollution Control who gave an encouraging report on
water usage in the Town, however, they did stress that the water
conservation program should be reaffinne.d periodically so residents
are aware that we can still be threatened with a shortage of water
this summer if the dry humid weather continues. Mr. Versace forwarded
a second press release to the media last week stating that the water
conservation ban is still in effect in our Town.
Mrs. Ballard reported that the City of poughkeepsie has agreed to
dispose of the sludge removed from the Rockingham and Fleetwood Sewer
Plants. Jones Septic Company started hauling from these two plants
On July 10, 1985 and will continue on a regular basis every Monday,
Wednesday and Friday (one day, Fleetwood, two days, Rockingham) until
the situation is corrected.
Mrs. Ballard has been informed by Michael Morris of Morris & Andros
that the Oakwood Sewer Report will be available to the Board Members
on July 18th and the water reports with recommendations on CWWIA
will be submitted on July 29, 1985.
Mrs. Paino had no reports to submit for this meeting.
Mr. Incoronato, Fleetwood Water---referred to a chronic sulphur
problem in the Fleetwood wells. In recent months they have flushed
out the water holding tanks twice, had some success with the first
flus~ng, none the second time. At an informational meeting last year,
the twenty five residents present were receptive to the installation
of a desulphurization unit, estimated cost at that time, approximately
$50,000.00, total cost to each homeowner estimated at $55.00 for both
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amortization and operation and maintenance of the system. In view of
the fact that the Fleetwood rates were raised considerably this year,
Mr.Incoronato felt that this action should be deferred, however, the
situation has become intolerable and corrective action is necessary.
MR. INCORONATO moved to authorize Morris & Andros to prepare bid
specifications for a central desulphurizing unit at the Fleetwood
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Water Plant and authorize the Attorney to prepare the necessary
resolution for a Public Hearing on this project.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. Incoronato reiterated his proposal made at the last meeting
for a building moratorium and his recommendation that the Board
hold a work shop session to discuss the proposal. He cited addi-
tional reasons why he felt a moratorium necessary including the
present concern on a water shortage, road systems, recreational
facilities, sewer facilities, etc. In conclusion, he emphasized
that it was vital that the Town Board discuss the possibility of
a six month moratorium and asked the Supervisor if he had set a
date for the work shop.
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Mr. Versace responded that this subject was included in the Agenda
for the July 18, 1985 work shop, at 8:30 P.M.
Mr. Incoronato distributed copies of a proposed Sign Ordinance to
the Town Board for their review and discussion at their next work
shop meeting.
Mr. McCluskey, Town Hall---noted that he visits the site of the new
Town Hall every day and observed that the front perimeter of the
site needs attention; the stone wall needs to be either reconstructed
or removed, a dead tree at the entrance needs to be removed prior to
blacktopping and they should consider landscaping for the future
months.
Resolutions---
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The matter of a Special Use Permit Application from John Montfort,
on behalf of Jomo Realty Corp. to fill in the lands of Montfort
was again placed before the Board after having been tabled several
times due to concerns of the Engineer on the application. Corres-
pondence between Mr. Evangelista, Dr. Johnsen and Mr. Fullam, repre-
senting Jomo Realty Corp.,
have addressed some of these concerns,
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however, Mr. Evangelista felt that the situation now required a
meeting between the representatives of Jomo Realty and himself to
resolve the remaining concerns. Dr. Johnsen was present and noted
that a meeting was planned for July 23, 1985 to discuss the concerns
that both he and Mr. Evangelista felt were of a technical nature
requiring elaboration of definitions and modification of plans.
l. He saw no reason why they could not reach a final agreement at
their meeting and present a plan acceptable to the Board at their
August 5th, 1985 meeting.
Mr. Versace stated that he would reschedule this matter for the
August 5th meeting.
Mr. Incoronato commented that concerns of Rosa Brunetti in a Mail-
gram did not seem to be addressed in the items of concern and he
requested that this communication be discussed at their meeting.
Since Mrs. Brunetti's property abuts the Montfort land, she requested
that the filling and grading be done properly so as not to damage
her property or cause a water drainage problem.
A Resolution of Intent and Agreement to participate in the second
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three year Urban County Consortium was forwarded to the Town Board
by the County Executive, for their consideration. The program would
continue from 1986 thru 1988 and although our Town may not have projects
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eligible for this funding, it was necessary for us to participate in
order to keep the funding in Dutchess County and allow other communi-
ties to derive these benefits.
RESOLUTION AUTHORIZING THE MUNICIPALITY OF THE TOWN OF WAPPINGER
TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF DUTCHESS FOR THE
PURPOSE OF UNDERTAKING A COMMUNITY DEVELOPMENT PROGRAM PURSUANT
TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977.
The following Resolution was offered by COUNCILWOMAN PAINO who
moved its adoption:
WHEREAS, the Secretary of Housing and Urban Development of
the United States is authorized, under Title I of the Housing and
Community Development Act of 1977, to make grants to states and
other units of general local government to help finance Community
Development Programs, and
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WHEREAS, Section 99-h of the General Municipal Law of the
State of New York grants to any municipal corporation the power,
either individually or jointly with one or more other municipal
corporations, to apply for, accept and expend funds made available
by the Federal government, either directly or through the state,
pursuant to the provisions of any Federal law which is not
inconsistent with the statutes or constitution of this State, in
order to administer, conduct or participate with the Federal
government in programs relating to the general welfare of the
inhabitants of such municipal corporation, and
WHEREAS, the Community Development Act of 1977 and any
"Eligible Activities" thereunder are not inconsistent with the
statutes or Constitution of the State, and
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WHEREAS, the number of municipalities have requested Dutchess
County's participation, and the County of Dutchess has determined
that it is desirable and in the public interest that it make
application for Community Development Block Grant funds as an
Urban County, and
WHEREAS, participation by the County of Dutchess as an Urban
County in the Community Development Program requires that the
Municipality of the Town of Wappinger and the County of Dutchess
cooperate in undertaking, and assist in undertaking, essential
community development and housing activities, specifically those
activities authorized by statutes enacted pursuant to Article 18
of the New York State Constitution, and
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WHEREAS, this Board deems it to be in the public interest
for the Municipality of the Town of Wappinger to enter into a
Cooperation Agreement with the County of Dutchess for the afore-
siad purposes, now, therefore, be it
RESOLVED, that Francis J. Versace, Supervisor, be and hereby
is authorized to execute a Cooperation AgreemenX between the
municipality of the Town of Wappinger and the County of Dutchess
for the purposes of undertaking a Community Development Program
pursuant to the Housing and Community Development Act of 1977.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
A request was received from BID Contracting for payment of extra
work done on the Robinson Lane Handicapped Facilities Contract.
According to Donald Close, Project Manager of the company, a total
of $1,140.92 was .due for this work. Mr. Evangelista reported that
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his office did not recommend payment of $178.00 for the water closet
doors or $425.00 to enlarge electrical panel to 200 amp for future use.
The reason, stated in their letter of May 6, 1985, was that the water
closet doors were included in the bid specifications and Mr. Close
had stated at an earlier meeting with Mr. Evangelista that the
electrical panel would be enlarged to 200 amp at no extra cost to
the town.
When questioned by Mr. McCluskey if this was the final payment owed
to BID Contracting for this contract, Mr. Evangelista replied that,
in his opinion, this is the final amount.
MR. MCCLUSKEY moved to authorize payment of $537.92 to BID Contracting
for the Robinson Lane Handicapped Facilities Contract, as recommended
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by the Engineer, which represents final payment on this project and
the monies to be expended from the Park lands Trust Account.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Hayward and Pakan submitted proposed Change Orders on customer windows
for the Receiver of Taxes and the Town Clerk, also the Concrete Pull
Boxes for the telephone lines.
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The extra charges not included in the specifications were $2,258
for shutter and stainless steel frame in the Town Clerk's Office
and sliding window with tempered glass for the Receiver of Taxes,
$632.00.
MRS. BALLARD moved to approve the increases for the Customer
Windows for the offices of the Receiver of Taxes and the Town Clerk
~ and authorize the Supervisor to sign the Change Order when submitted.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Prior to voting on this motion, Mrs. Paino asked if there was
credit involved for the original windows and Mrs. Garrison replied
that this was taken into consideration in the final figure. For her
own information, Mrs. Paino requested a breakdown of these figures.
The vote was taken and Mrs. Paino commented that the proper size
windows for these offices should have been included in the original
specifications so the Town is not faced with continuing Change Orders
and additional expenses; department heads should have been consulted
on these plans to make sure that they are suitable to the department
l. heads. Mrs. Snowden pointed out that they had discussed these items
but apparently Hayward and Pakan made the mistake of not including
the windows originally specified by both she and the Receiver of Taxes.
Approval on the Concrete Pull Boxes had been tabled previously for
further information on the cost. Mrs. Ballard reported that she had
received the final figure on this item from Rondout Electric Company
~n the amount of $2,524.19.
MRS. BALLARD moved to approve the increase for the Concrete Pull
Boxes and authorize the Supervisor to sign the Change Order when
submitted.
Seconded by Mr. Versace
Motion Unanimously Carried
l. A Memo was received from the Comptroller requesting authorization
to go to bid for Moving Companies to move three office locations
to the new Town Hall. Mrs. Garrison explained that an early contract
was needed in order for the mover to provide facilities to be parked
at the site for the storage of records as they are packed.
MR. VERSACE moved to authorize the Comptroller to go to bid for
Moving Companies to move three offices to the new Town Hall.
Seconded by Mr. McCluskey
Motion Unanimously Carried
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The following Resolution was offered by COUNCILWOMAN BALLARD who
moved its adoption:
WHEREAS, the Town of Wappinger has need for additional voting
machines for use in the upcoming election, and
WHEREAS, the Federal Revenue Sharing Fund, Association of Towns
appropriation has more than adequate funds available for the remainder
of 1985,
BE IT RESOLVED, that $5,000.00 be and is hereby transferred II
from CF1990.5 to A1450.2 for the purchase of two (2) reconditioned II
voting machines.
BE IT FURTHER RESOLVED, that the Comptroller is authorized to
purchase such machines.
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
The following Resolution was offered by COUNCILWOMAN PAINO who
moved its adoption:
WHEREAS, the Town has committed the sum of $3,000.00 to aide
in the legal battle against the Marcy-South 345K Power Lines, and
WHEREAS, such money is not in the budget, and
WHEREAS, the garage doors contracted for the Highway Department
cost much less than anticipated,
BE IT RESOLVED, that $3,000.00 be and is hereby transferred
from CF5132.4 to A1420.1.
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Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
Unfinished Business---
Mrs. Ballard, Hilltop-Edgehill Drainage Project---At the recommenda-
tion of the Engineer in his letter of October 5, 1984, she contacted
the 18 residents in that area who would be affected by this project,
to apprise them of the work that would be done and obtain the necessary
releases from them. These tasks having been accomplished with consid-
erable time and effort on her part and the help of the Engineer,
Town Board approval was required to commence with the project.
MRS. BALLARD moved to authorize the firm of Morris and Andros to
prepare the final bid plans and specifications for the Hilltop-
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Seconded by Mrs. Paino
Motion Unanimously Carried
Prior to the vote Mr. Evangelista presented a map to the Town
Board showing where the work would be done between Edgehill and
Hilltop Drive, also the area between Hilltop Drive and Beatty Road.
He pointed out the locations where the stream realignment and cleaning
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would take place and involved removal of trees and gardens on
private property, thus the need for the consent of the residents
to allow the work to be done on their property. Mrs. Ballard added
that some of the problems in that area were due to the development
of the Sherwood Heights Subdivision. Several residents had expressed
their concerns in the summer of 1983 and after the spring of 1984
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additional residents complained about the drainage problem. It has
taken a while to formulate these plans but at this point, the home-
owners were cooperative in signing the required releases to obtain
relief.
Mr. Versace informed the Board that Supervisor Virtue of East Fishkill
has requested the Town of Wappinger to join them in an injunction
against PASNY which, if granted, will prevent them from clearing a
strip of land within the proposed Marcy South power line route of
both Towns. He referred the matter to the Attorney who explained
that he had received this information last week and has been in
contact with the ATtorney for the Town of East Fishkill. PASNY
claims they have Public Service Commission approval for a construction
l. plan but do not have the permit from the Army Corps of Engineers to
cross the river; they also claim that this permit is not required.
Mr. Kessler pointed out that the main concern of PASNY clearing
this land is the possibility of the Army Corp of Engineers changing
the location of the river crossing along with the stretch of land to
be cleared causing irreparable harm to the homeowners whose lands have
been entered and trees removed. Authorization was now required from
the Town Board for the Attorney to proceed in cooperation with the
Attorney of the Town of East Fishkill and seek a Temporary Restraining
Order against PASNY.
MRS. PAINO moved to authorize the Attorney to the Town to proceed
with action for an injunction against PASNY relating to the proposed
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removal of trees, in conjunction with the Town of East Fishkill.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mrs. Paino noted that she was informed of this situation last Friday
by Supervisor Virtue and agreed that both Towns should participate
in seeking an injunction against PASNY; she was however, reluctant
to mention it at tonight's meeting due to the fact that it would
alert PAS NY to the proposed action. It was Mr. Versace's opinion
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that all Board Members had to be aware of this matter if they were
to consider giving authorization to the Attorney to proceed. Mrs.
Paino contended that previous resolutions adopted by this Board,
authorizing the Attorney to take any necessary action to continue
our fight against PASNY, provided the required approval for him to
proceed with this action. She added that she had contacted Mrs.
Ballard and Mr. McCluskey to inform them of this situation, but was II
unable to reach Mr. Incoronato.
New Business---
Mr. Incoronato brought to the attention of the Town Board, a complaint
received from residents of Cayuga Drive regarding an alarm going off
at Mr. Klein's building on Route 9 in the early hours of Saturday,
July 13, 1985. The residents notified the Sheriffs Office and the
State Police, but to no avail, since they did not have access to
the building and were unable to contact Mr. Klein. Several hours
after receiving this complaint, Mr. Incoronato was successful in
locating one of Mr. Klein's foremen working at Kendell Farms who
disengaged the alarm. Mr. & Mrs. Vicalvi were present and reported
that the alarm started on Friday evening and continued for fifteen II
hours causing them considerable annoyance.
MR. INCORONATO moved to notify Mr. Klein to post an emergency
telephone number on the building and also with police agencies so
that he, or his representative can be contacted if the need arises,
also inform Mr. Klein that if the situation occurs again, it will
be considered a violation of the Noise Ordinance and subject to the
penalties of that law.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. McCluskey recommended that emergency telephone numbers be
required on building permits on new structures or unoccupied
buildings in the event unforeseen circumstances required the
owners attention.
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MR. MCCLUSKEY moved to look into the feasibility of requiring
emergency telephone numbers on building permits.
Seconded by Mrs. paino
Motion Unanimously Carried
Mr. Incoronato referred to the fact that BID Contracting has not
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complied with the requirement of providing an evergreen screen on
their strip of land facing All Angels Hill Road. He requested the
Town Clerk to remind them of this obligation, however before making
a formal motion, Mrs. Ballard interjected her opinion that she doubted
if the County would be receptive to this type of screening since it
would tend to obstruct vehicle visibility when leaving the site.
After a brief discussion on the proper agency to contact, Mr. Hawksley,
member of the Planning Board, commented that he would check into the
specific type of screening that was required as a condition of
approval.
Mr. Incoronato's last item was in regard to repeated violations
at Mid-Hudson Auto Wreckers which he discussed with the Attorney.
Mr. Kessler replied that the Zoning Administrator has been working
on this matter and recommended that she be notified to check on
the additional violations.
There was no further business to come before the Board
MR. INCORONATO moved to adjourn the meeting, seconded by Mrs. Ballard
and unanimously carried.
The Meeting adjourned at 9:40 P.M.
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Town Clerk
Reg. Bimonthly Mtg.
7/15/85