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1985-05-20 RGM AGENDA TOWN BOARD BIMONTHLY MEETING MAY 20 1985 __________L___L____________~ 1. SUPERVISOR CALL MEETING TO ORDER 2 . ROLL CALL PLEDGE OF ALLEGIANCE TO FLAG , ,...., 3. ACCEPT MINUTES: May 6, 1985 4. REPORTS OF OFFICERS: Town Justices, Building Inspector, Receiver of Taxes for April, Sup./Comp. thru 1/31/85 5. PETITIONS AND COMMUNICATIONS /.-- 1 a. Harold Reilly, Attorney for Village 're constr~ction of sanitary sewer across Rt. 9, vicinity New Hackensack R . b. Letter of Credit- Pine Hol10w'Dev. Corp. $42,612.00, cc to Attorney and Engineer + Engineer Rec. c. Petition from Spring Hill Ct. & Cross Ridge Rd. residen s for "Slow-Children at P1ay"Sign d. Attorney Joshua Grauer to R. Evangelista re compensatio from Town escrow acct. to contractor for completion of 9 items, Moccasin Hill Subd. e. Response from H. Reilly Attorney for Village re Drainag Problem, Red1s Rental. f. Petition (24 sign.) from Mrs.Maureen Norcross for 2 signs, at beginning Sky top Dr. "Children at Play", at pond on Sky top Dr. "Watch for Children". g. Letter to Ms. Young from Crane Wolfson Roberts & Grelle re her letter of 4/2/85 to Mid-Hudson Auto Wreckers h. Letter from John Todd, Secr. to Che1sea.Fire District re access ramp at Che1se~ School Hous~ for handicappe i. Attorney vincent DeBiase, with Corba11y, Gartland and Rapp1eyea to Councilman Incoronato re alleged vio1ations-Capo1ino Family j. Permission for Laurie Crotty, Deputy Receiver of Taxes to attend conference at Albany, N.Y. k. Letter to K. Croshier and Hiway Dept. from Faith Bible Church expressing thanks for clean-up 1. Traffic Count Losee Rd. at CR93 & CR28 m. Mary Van De Carr re continuing alleged violations n. Petition from Rock. Residents re reduction of assessme~ o. Camo report on water pressure problem, 93 Ardmore Dr. p. Rezoning Request, Frances Tornatore, MacFarlane Rd. from par~ially residential & commercial to total commercia COMMITTEE REPORTS 6. 7. RESOLUTIONS a. Consortium Grant (P.H. 5/20/85) a'ffr~~ ~\"''''\V^.t\~t'ltI b. Special Use Fermi t--John Montfort repro JoMo Realty {'fiJ'. ~,' fill lands of Montfort ~ ''tit c. Authorization to go to bid on Fire & Security A1'arm '~fIl.. System for new Town Hall d. Bids for Garage Doors at Hiway, opened 5/14/85 i. T"-A,r-n~~l -fY'~l'M~J'qllM r:,r, n~-pq~i'Pll ~.r~.,,111rfri.~1.Ynl C~~"itllJ.- T 1 "?''''"f'''; rT'I_ - ~r--;Al,n~,,-v,"'i-l[ Authorization to go to bid on sale of 1975 Hornet Submission of Application for Community ConsQrtium Funds--Aut~orization needed Authorize Supervisor to sign contracts for sale of present Town Hall & new telephone system for T.H. Establishment fo reserve fund for drainage fees & subdivision fees Employment ,of Meter Repair Man ~ A f. g. h. j . 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT l L l ILlI I The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held onMay 20, 1985 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the Meeting at 8:02 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 Meeting of May 6, 1985, having previously been forwarded to all Board Members, were now placed before them for their consideration. MRS. PAINO moved that the Minutes of the Regular Meeting of May 6, 1985, be and they are hereby approved, as submitted by the Town Clerk. 1 Seconded by Mr. Incoronato Motion Unanimously Carried Reports were received from the Town Justices, Building Inspector, and Receiver of Taxes for the month of April and the Supervisor/ Comptroller report thru January 31, 1985. MRS. PAINO moved to accept the reports received and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried The first communication was from Harold Reilly, Attorney for the Village of Wappingers Falls, regarding the construction of a sanitary sewer across Route 9 in the vicinity of New Hackensack Road; the purpose of the letter was for the Town involvement in the event at a future date they would be contemplating hookups to the Tri-Municipal system. The Board felt it would be more conducive to make a decision if they knew the costs involved to bring the sewer across Route 9. It was his recommendation that the Engineer study the facts involved I~;L and come up with an approximate cost for the project. Mr. Versace interjected that he should bear in mind that the closest sewer to that location would be the Wildwood Sewer District, the next nearest would be WSI#l at Myers Corners Road. MR. MCCLUSKEY moved to refer the matter to the Engineer for a report on an approximate cost of such a project, at the June 3, 1985 meeting. - Seconded by Mrs. Paino Motion Unanimously Carried The Town Clerk was requested to notify Mr. Reilly of this action and inform him the Board will contact him after the report has been received. A Letter of Credit was received from the Barclays Bank of New York for Pine Hollow Development, Schuele Road, in the amount of $42,612.00; a recommendation of acceptance was also received from the firm of Morris & Andros. Mr. Kessler had received and reviewed the Letter of Credit and found it to be proper in form and content; he noted that the amount of credit will be reduced -~ ~~~ '" to $35,367.00, upon written agreement from the Town, one year from the date of final acceptance and the period for this credit would expire May 7, 1987. MR. VERSACE moved to accept the Letter of Credit for the Pine Hollow Subdivision, upon the recommendation of the Attorney and the Engineer. Seconded by Mrs. Ballard Motion Unanimously Carried A petition was received from Spring Hill Court and Cross Ridge Road to place a "Slow-Children at Play" sign on Spring Hill Court. There was a question as to whether or not these roads were accepted Town roads and whether it would be legal to place such a sign d* ,,~ ,rc"!, on the road, as requested. MR. VERSACE moved to table this request until the roads are officially accepted by the Town and send a letter to the residents informing them that the Highway Department will install this sign when the roads are accepted. Seconded by Mrs. Ballard Motion Unanimously Carried ~ l Mr. Joshua Grauer, Attorney for DWS Properties wrote to Mr. Evangelista concerning compensation to be paid by the Town from the escrow they are holding to the contractor DWS has retained to complete nine unfinished items in the Moccasin Hill Subdivision referred to in Mr. Evangelista's letter to them dated July 16, 1984. Mr. Evangelista explained that the Town was holding this money in escrow until the completion of the development and when it was inspected, the Engineer listed the nine unfinished items that had to be completed. DWS maintained that the Town would release these monies at the time of the completion of the work and the contractor would be compensated. It was a matter of the Town paying the voucher submitted by the contractor instead of DWS paying them directly. The Engineer had no problem with this procedure, however the Attorney wondered why this change, it was not the usual procedure to follow. The Comptroller did not approve the idea of taking the money from the escrow account, which is basically a trust account to pay contractor's bills; she did not feel that Audit and Control would approve this procedure. MR. VERSACE moved to authorize the Attorney to respond to Mr. Grauer relating to this matter informing him that this is not the preferred method of releasing the escrow money being held by the Town. Seconded by Mrs. Ballard l Motion Unanimously Carried l Harold REilly, Attorney for the Village of Wappingers Falls responded to our recent letter to him regarding the drainage problem from Redl's Rental Center. A future meeting was planned with the engineers involved in this project and a written report is forthcoming as well as a plan from Jack Railing's office, on their intentions on the drainage from this property. Mr. Evangelista plans to meet with Mr. Railing on the 24th of May, 1985 to discuss the matter further. MR. VERSACE moved to table a response to Mr. Reilly's letter until after Mr. Evangelista meets with Redl's Engineer. Seconded by Mr. McCluskey Motion Unanimously Carried /11 A second petit.:im was received from Mrs. Maureen Norcross for a "Children at Play" sign at the beginning of Sky top Drive and one at the pond of Sky top Drive "Watch for Children". MRS. PAINO moved to authorize the Highway Department to place the signs requested by the residents of Sky top Drive. Motion Unanimously Carried I Seconded by Mrs. Ballard A letter was received from Attorney Albert Roberts addressed to Ms.Young regarding her letter of April 2, 1985 to Mid-Hudson Auto Wreckers. MR. MCCLUSKEY moved to refer this matter to the Attorney to the Town. Seconded by Mr. Versace Motion Unanimously Carried Prior to the vote on this motion Mr. Incoronato commented on the history of the violations on this particular property. The Town has the right to enter property to investigate and permission does not have to be granted, commented Mr. Incoronato. Mrs. Young l;j II had written to arrange entry on Mid-Hudson Wrecker's property and the Attorney objected to this. He pointed out that they were operating without a license for the past 18 months and according to the law after 24 months he could no longer operate this business, and would have to revert back to the residential zoning. In response to Mr. McCluskey's question to the Attorney if he would feel comfortable going to court with this case, Mr. Kessler replied that he would have to conduct further investigation and work in conjunction with the Zoning Administrator. According to Mr. McCluskey, who had heard the other side of the story, the man has been operating the same business for over twenty five years and the Town is placing stumbling blocks in his way by passing l;j II new regulations; it would not be a simple case to present to the court. Mr. Kessler agreed and emphasized the fact that sound evidence was needed and until it was researched it would not be brought to the court. As far as the grand fathering clause brought up by Mrs. Paino, Mr. Kessler felt there were other facts involved which could throw that fact out; a portion of it may corne under this clause but until it was investigated and Mr. Incoronato's facts documented he could not answer that question. l l l )1/5 Mr. John Todd, Secretary of the Chelsea Fire District wrote to the Board informing them that the Board of Commissioners did not wish to contribute to the cost of installing an access ramp at the Chelsea School House for the handicapped. Mrs. Ballard noted that this has to be done according to state requirements, however, Mr. McCluskey was concerned whether they could do such a project on private property. It was suggested by the Town Clerk that a portable ramp could be used for this purpose. Mr. McCluskey moved to request the Highway Superintendent to construct a temporary ramp for the Chelsea School House. Mr. Croshier, however, was hesitant to have his department build this ramp in the event someone was hurt and the Town would be liable. MR. VERSACE moved to contact the Chelsea Fire District and ask if they would have any objection to the Town installing a permanent ramp at the Chelsea School House. Seconded by Mrs. Paino Motion Unanimously Carried Mr. McCluskey withdrew his motion prior to the second and the vote on the motion that was carried. The following letter addressed to Councilman Incoronato from the law firm of Corbally, Gartland and Rappleyea, was read: May 10, 1985 Councilman Joseph Incoronato Wappingers Town Hall Mill Street Wappingers Falls, New York 12590 Re: Capolino FAmily Dear Sir: Kindly be advised that this law firm represents the Capolino family against whom you made a disparaging remark at the Wappinger Town Board Meeting held on May 6, 1985. We are advised and have further seen reported in the May 8, 1985 edition of the Southern Dutchess News , that at the May 6th meeting you stated: "Now we can finally deal with the scofflaws who violate our ordinances, such as, the property owners across from Datsun Auto on Route 9, who have been filling without a permit and Capolino's illegal wood-working business on Route 9D." We find that your charge of illegal conduct against this ji family is not only erroneous, but also actionable. The Town has been informed on previous occasions that there does not exist now, nor has there ever existed any wood-working business at the Capolino property on Route 9D in the Town of Wappinger. It is indeed /# unfortunate that you saw fit to make a public statement disparaging the Capolino family by referring to them as habitual law breakers when you knew full well the statement was unfounded. On behalf of the Capolino family, you are hereby requested to retract this statement at the next meeting of the Town Board in a manner insuring that the retraction is recorded in the Minutes of said meeting and to further issue a press release to the Southern Dutchess News retracting this statement. Very truly yours, sl Vincent L. DeBiase II.... II MR. VERSACE moved to receive this communication and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Incoronato requested the right to comment, prior to the vote on this motion, stating that the statements made by him were not myth or fabrication of reckless statements on his part, which the communication would lead you to believe. He cited the history of the vio~ions on the Capolino property going back to November 1984 including a written complaint from his neighbor, Mr. William LeRoy which he read in part. The former Zoning Administrator, Pamela Farnsworth had recorded the activities she witnessed on her Itj II various inspections and included photographs of same. On December 21, 1984, she issued an Order to Remedy to the estate of Orlando Capolino and other members of this family, citing violations of the Zoning and Local Law #1 of 1977 which regulates dumping. Telephone contact was made by Mr. Capolino to Mrs. Farnsworth after receipt of the Order, and he assured her the situation would be rectified within the next few weeks (Mr.lncoronato noted that this was in January of 1985). Further correspondence was received from Mr. Richard Capolino stating that he was not aware that these activities were violations of the Zoning Ordinance and it was not their intent to infringe on the rights of others. Mr. Incoronato these communications are open to the public. ~ pointed out that there was iron clad evidence in the record and A request was received from Cecile Hawksley, Receiver of Taxes, for permission to allow Laurie Crotty, Deputy Receiver of Taxes to attend a two day seminar for Tax Collecting Officers in Albany, New York on .:une 17 and June 18, 1985. Mrs. Hawksley is unable to attend because of previously scheduled vacation, but she felt Mrs. Crotty would benefit from the seminar. ": Jf? MRS. PAINO moved to grant permission to Laurie Crotty, Deputy Receiver of Taxes to attend a two day Tax Collecting Seminar at Albany, New York on June 17 and June 18, 1985, and her ligitimate expenses incurred for this trip would be a Town charge. Seconded by Mrs. Ballard l Motion Unanimously Carried The following letter of thanks to Kenneth Croshier was received from the Faith Bible Church on Myers Corners Road: May 2, 1985 Mr. Kenneth Croshier, Supervisor Town of Wappinger Dept. of Highways Albany Post Road Wappingers Falls, N.Y. 12590 Dear Mr. Croshier, I send this letter to express my personal thanks, and the thanks of our church congregation, to you and the men of your department for your efforts in the recent and continuing Spring clean-up throughout our community. Our church had quite a stack of trash at our location on Myers Corners Road which was picked up during your departments efforts. Our thanks and gratitude to your men in caring for our "contribution". l My compliments to all, too, for the fine and continuing job in the upkeep of our community roads and streets. If at any time I can be of service, please do not hesitate to call. The pst shall live by faith, sl Gregory D. Stephens, M.Div., Pastor MR. VERSACE moved to receive this letter and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried The Highway Department was also complimented by the Board for their fine job during the Spring clean-up. A traffic count was received for Losee Road at Myers Corners Road and at Old Hopewell Road. Mr. McCluskey asked what conclusions they could draw from this study---was it heavy, was it light, did l they request it. Mr. Versace noted that due to heavy traffic and accidents on that road, a traffic count had been requested; the Town also placed three way Stop signs on that road in an effort to reduce the speeding, the State Police was also requested to monitor the area for violators. MR. VERSACE moved to forward a copy of the traffic count to the State Police and the Dutchess County Sheriff, with the recommenda- tion that the State Police post radar sporadically during the .~, Jlft hours of 4 P.M. and 8 P.M. when the traffic count is the heaviest and place this study on file. Seconded by Mrs. Ballard Motion Unanimously Carried Correspondence was received from Mary Van De Carr relating to violations of the Noise Ordinance. Mrs. Van De Carr felt that the letter to the Board was self explanatory, however, she I went on to state that in the twenty nine years she and her husband lived in the Town, she felt they were good community citizens and good neighbors; she has tried to help her neighbors when they needed assistance. Now that they are trying to sub- divide and move upstate, the same person who has been complaining about their dogs objected to certain aspects of the plan submitted. The Van De Carrs just want to leave the Town and move where they can enjoy their pets in peace and she pleaded with the Town to leave her alone. Last week the Zoning Administrator visited her road several times to check on the noise from the barking dogs and she informed the Board that the barking that the Town Official lit II heard was not even her dogs. She cited various activities she participated in while she was the Dog Warden, which were not part of her duties and dog shows she conducted at the Veterans Hospital for the enjoyment of the patients. She took in many dogs while working for the Town and she knew certain Town Board Members objected to this, however, she pointed out that she placed these dogs in good homes. She repeated her plea to the Board to back off and let them depart from Wappinger. Mr. Versace requested the Town Clerk to read the following communication from the Zoning Administrator received today: May 20, 1985 Town Board Town of Wappinger Mill Street Wappingers Falls, NY ~"j II Re: Barking Dogs on Van De Carr Property Dear Board Members: On October 15, 1984, Zoning Administrator Pamela Farnsworth issued an Order to Remedy to Mary and George Van De Carr for violation of the Town Noise Law, Local Law #7 of 1977. This past week an investigation was conducted by this office to assess if the Van De Carr's are currently in violation of said LocalLaw. The property in question was visited four times without prior knowledge of Mr. TAllman or Mr. & Mrs. Van De Carr. One of l l L 1't/1 the visits took place on Saturday, May 18th at approximately 9 A.M., another on Sunday, May 19th at approximately 11 P.M. The Van De Carrs seem to have their dogs well under control and do not appear to be in violtion of Local Law #7 of 1977. Therefore, let it be known to.all interested parties that the alleged violation has been corrected pursuant to Article V Section 487.2 of the Town of Wappinger Zoning Ordinance. Respectfully submitted, s/ Anna A. Young Zoning Administrator MR. VERSACE moved that the correspondence received from Mrs. Van De Carr be received and placed on file. Seconded by Mr.McCluskeyt Motion Unanimously Carried A copy of a petition to Mr.Logan, Town Assessor from the Rockingham residents was forwarded to the Town Board. This petition had approximately 48 signatures and these residents sought a reduction in their assessment since they felt that their property value has been decreased due to excessive odors being emitted from the Rockingham Sewage Treatment plant. Mr. Versace explained that the proper procedure was to file it with the Assessor for consideration of the Board of Assessment Review when they meet to review all submitted grievances. Mrs. Roe, writer of the petition advised the Board that the petition had been filed with Mr.Logan previously and requested that the letter be read. Dear Sir: We the undersigned residents/homeowners herewith respectfully request reduction of our home assessments because we feel that our property value has been decreased due to excessive odors being emitted from the Rockingham Sewage Treatment Plant. Signed by approximately 48 residents of that area MR. VERSACE moved to refer the petition to Mr.Logan for consideration by the Board of Assessment Review. Seconded by Mrs. Ballard Motion Unanimously Carried A report was received from Camo Pollution Control relating to a water pressure problem at the residence of Mrs. Barbara, 93 Ardmore Drive in the Town of Wappinger. There was work being done in the area of Ardmore and Orchard Drive by Wilson Excavating when a water main was broken. When the pressure was restored, ;Sd Mrs. Barbara still had a pressure problem. Camo personnel investigated and found that her water softener had become obstructed by sediment from the water main and it was therefore not a Town responsibility; it was caused by the broken water main. It was evidently caused by the contractor and Mr. Versace requested the Attorney to handle this situation with Wilson Excavating. - MR. VERSACE moved to refer this complaint to the Attorney to contact Mr. Wilson requesting that he reimburse Mrs. Barbara for her water softener repair and inform Mr. Kessler of his intentions on this reimbursement. Seconded by Mrs. Paino Motion Unanimously Carried It was Mr. McCluskey's opinion that the Town should be knowledgeable of all sub-contractor's insurance carrier so they could expedite claims to be directed to them rather than going through the con- tractor first. MR. MCCLUSKEY moved that in all future contracts with sub-contractors, the Town Clerk be notified of the name and location of their insurance carrier. d........~..y " ,; Seconded by Mrs. Paino Motion Unanimously Carried Frances Tornatore wrote to the Board, on behalf of her parents, John and Nancy Tpranto, requesting the rezoning of their property on MacFarlane Road to commercial. It seems that 1/3 of their property is zoned commercial and the remainder is zoned residential. Since they are surrounded by commercial properties, it is impossible to sell as residential zoning. Mr. Versace invited the Tarantos to attend a work shop session on May 30, 1985 at 8 P.M. to discuss their request. Charles Cortellino approached the Supervisor with a late request today to proclaim National Safe Boating Week from June 2nd thru lij II June 8th, 1985. Normally, the agenda closes the Thursday prior to the meeting, however since the next meeting would be too late for this proclamation, Mr. Versace asked the Board to consider this request. Mr. Cortellino was recognized by the Chair and gave a short history of Safe Boating Week. Last year their theme was BWI (Boating White Intoxicated), this year it is radio communications. On the Marine Radio ./S) Channel 16 is used to contact all boats and the Coast Guard and , at tim~ it is abused and not left free for contact; it is not significant in this area but in Long Island there are problems when they cannot get through on the that Channel in emergencies. Radio direction finders will be on the lookout for violators. l The following Proclamation was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, in these unsettled world times, individual attitudes would seem to provide unprecedented occasion for accidents, and WHEREAS, the U. S. Coast Auxiliary, the U. S. Power Squadron and the F.C.C. are sponsoring the intended use of Channel 16 for emergency radio communications only, resulting in our Waterways having a relatively safe and almost accident free record, NOW, THEREFORE, I, Frances J. Versace, Supervisor of the Town of Wappinger, do hereby proclaim the week of June 2nd to June 8th, 1985 as NATIONAL SAFE BOATING WEEK in the Town of Wappinger, and ask all our citizens to support this worthwhile project. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays l Committee Reports--- Mrs. Ballard, Recreation, reported on Spook Hill Road/Reggie Drive recreation area which was presently being worked on by Mr. Klein. The following changes in the facilities of the area were agreed to by the Recreation Commission and Mr. Klein who has requested a letter from the Town Board approving these changes: 1. fiberglass picnic tables in place of cement 2. omit boccie court and the paths through the playground. (due to large number of youth in the area, the Commission did not feel the boccie court would be used). The Commission plans to put in ball field in the future where the paths were originally planned. [ Since some of the work has been eliminated, Mr. Klein has agreed to construct a 12 x 16 cement building for storage with one entry door and one overhead garage door; also the parking area will be smaller. The Commission plans to use this site for one of their summer playground programs and they have been assured by Mr. Klein that the work will be completed in time for the beginning of this program. MRS. BALLARD moved to send a letter to Mr. Klein informing him ;5 ;}- that the Town Board approves these changes requested by the Recreation Commission, subject to review and approval of the plans by the Engineer. Seconded by Mrs. Paino Motion Unanimously Carried Although the Engineer had not seen the plans he commented that there was no problem that he could see with these changes. Mrs. - Paino requested that the abutting owners be notified of the changes and the building that will be constructed. Mrs. Paino, Personnel---referred to discussion at recent work shop on hiring a person to repair water meters. MRS. PAINO moved to appoint Leslie Pettit as water repair person for the Town at $5.00 per hour on part time contractual basis. Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Paino, Personnel---The Town Justices have requested a change in job description titles for Gloria Morse from Secretary to the Court Clerk to the Town Justices to Assistant Court Clerk. ~ Town Justices to Chief Clerk I, and Frances Patterson, presently MRS. PAINO moved to honor the Town Justices' request and change the job description titles of the two employees. Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Paino, Highway, ---noted that last summer a request was forwarded to the Dutchess County Department of Public Works and the New York State Department of Transportalion to place a traffic light at Route 376 and Robinson Lane/Lake Walton Road intersection, in conjunction with the Town of East Fishkill; a communication was received from the New York State Department of Transportation indicating that a three color signal light will be placed at that ~) II intersection in the near future. Another request was recently sent to these agencies for a reduction of the speed limits on St. Nicholas Road, Widmer Road and Old Hopewell ~ Road. Mr. Spratt copied us on his recommendation to the State that the speed limit be reduced on St. Nicholas Road from 55 MPH to 40 MPH, on Widmer Road from 55MPH to 40 MPH and on Old Hopewell Road, 35 MPH from the Wappinger Creek to Hughsonville at Route 90, 40MPH between ,';~ l State Roads 9D and 9, and 45 MPH between Rt. 9 easterly to the westerly end of the Kendell Farms development. MRS. PAINO moved to request the Town Clerk to contact Mr. Spratt thanking him for his consideration in recommending these reduced speed limits to the State and ask that he consider extending the 45 MPH on Old Hopewell Road from Kendell Farms.development to All Angels Hill Road. Seconded by Mr.McCluskey l Motion Unanimously Carried Mr. Incoronato, Personnel---referred to discussion at the last Town Board meeting regarding the need of a Zoning Enforcement Officer and a special prosecuting attorney to handle the record number of zoning regulations; further discussion ensued at a recent work shop meeting on the duties of this officer, hours involved, etc. At this time he requested the Board to consider an appointment for this position. MR. INCORONATO moved to appoint Eugene Joyce as part time Zoning Enforcement Officer, for a temporary ninety day appointment, at $7.00 per hour and $.20 mileage. Seconded by Mrs. Ballard Roll Call Vote: 4 Ayes Mrs. Paino---Nay l Prior to the vote Mr.Incoronato read a resume from Mr. Joyce which included his qualifications and associations with various towns and departments which, he felt, would gear him for this position. Mr. McCLuskey pointed out that Mr. Joyce had been interviewed for the position of Building Inspector for the Town and at that time stated that he would not be willing to move to the Town of Wappinger if appointed. At this time Mr. McCluskey wanted to make sure that Mr. Joyce understood that this was a temporary position. Mr. Incoronato replied that Mr. Joyce understood the terms of this employment and was agreeable. The vote was taken and Mrs. Paino commented that she was in agreement with zoning enforcement but she did not feel that the Town needed to hire an additional person to enforce these laws. Mr. Incoronato addressed the matter of a special prosecuting attorney and stated that Mr. Kessler would assist in procuring a special attorney when the necessary documentation was submitted , ~ :_;st! by the newly appointed zoning enforcement officer. When this occurs and our present Attorney to the Town is unable to handle additional work load, he will recommend a proper person to the Town Board to handle these cases. Mr. McCluskey noted that during recent trips to New York City, he observed that their bridges were well lighted and felt that our main bridge, the Mid-Hudson Bridge, should be treated in a - similiar manner. MR. MCCLUSKEY moved to contact the New York State Bridge Authority and request that they look into the feasibility of lighting the extension cables of the Mid-Hudson Bridge with white lights, similiar to the George Washington Bridge and other bridges in New York City, also letters to Douglas McHoul, Chairman of the Dutchess County Legislature, Lucille Patterson, Dutchess County Executive, Senator Jay Rolison, Jr., and Assemblyman Stephen Saland, asking for their support in this request. Seconded by Mrs. Ballard Motion Unanimously Carried - A Public Hearing having been held by the Town Board on May 20, 1985 for the purpose of considering projects for the application of the Consortium Funds for 1985, the matter was now placed before them for their consideration. The Community Services Program, through their Executive Dire'ctor, Margaret O'Leary had requested consideration by the Town Board to apply their 1985 Consortium Funds to their project of renovating the present Town Hall, which they recently purchased through our bidding process, for housing for senior citizens. This matter was discussed at the Public Hearing. MRS. PAINO moved to approve the proposal presented by the Community Services Program and apply the 1985 Consortium Funds toward their - project of renovating the present Town Hall for senior citizen housing. Seconded by Mrs. McCluskey Motion Unanimously Carried A Public Hearing was held by the Town Board on May 20, 1985 on an application for a Special Use Permit by John Montfort on behalf of Jomo Realty Corp. to fill in the Lands of Montfort; the matter / ,ss- l was now placed before the Board for their consideration. Mrs. Paino questioned the Engineer whether the plans and map submitted were in compliance with the D.E.C. requirements and the Town Soil Erosion and Sediment Control Ordinance. Mr. Evangelista had not seen the revised plan and map previously submitted to the Town Board. He was requested to review these documents by the next Town Board Meeting. MRS. PAINO moved to table action on this application to the June 3, 1985 meeting, pending submission of a report from the Engineer after his review of the documents. Seconded by Mrs. BAllard l Motion Unanimously Carried Mr. Incoronato noted that there was some discrepancy on the map submitted dated July 25, 1984; he recommended that they change the slope of the map which is not in conformance with the D.E.C. requirements; and also requested the Engineer to review all the specs outlined by D.E.C. He added that they were not bound by D.E.C., the Town could be more stringent. The plans and specs for the Fire and Security Alarm Systems had been previously submitted to the Town Board and the Attorney for their review; authorization was now required to go to bid on these systems. The Fire Inspector had informed the Board that he found every- thing in order. Mr.Kessler had reviewed the plans, specs and contract and found them to be proper in form and content, however, he commented that the security alarm system should not be made a matter of public record as to their location. The detectors should be changed in location from their original places. There was some discussion with the Town Board but they did not feel this was a problem; only authorized officials and personnel would have a key in their possession. MRS. BALLARD moved to authorize the Supervisor to go to bid on the Fire and Security and Alarm Systems for the new Town Hall and set the bid opening for June 12, 1985 at 4 P.M. Seconded by Mrs. Paino L Motion Unanimously Carried Bids were opened on the 14th of May, 1985 for garage doors for the /s~ Highway Department; bids were received from Dutchess Overhead Doors, Inc, R & D Hall Inc. and P & D Door Company. Both the Highway Superintendent and the firm of Morris & Andros recommended that the bid be awarded to the low bidder, Dutchess Overhead Doors, Inc. in the amount of $11,497.00 MRS. PAINO moved to award the bid to Dutchess Overhead Doors, Inc. in the amount of $11,497.00, at the recommendation of the Highway I).... II Superintendent and the firm of Morris & Andros. Seconded by Mrs. BAllard Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger has decided that it would be in the best interest of the Town to sell a used vehicle, and WHEREAS, it is necessary to request bids for said vehicle by advertising in duly authorized newspaper; NOW, THEREFORE, BE IT RESOLVED, that sealed bids will be received at the office of the Town Clerk for the sale of the following described vehicle: One 1975 American Motors Suburban, Tan in color, 6 cylinder, 4 door Hornet with 70,988 miles. ~ BE IT FURTHER RESOLVED, that the notice for the bids be advertised in the ~ & S D News, the official newspaper of the Town of Wappinger, requesting said bids to be filed in the office of the Town Clerk no later than June 3, 1985 at 1:00 P.M. at which time the bids will be read aloud, and BE IT FURTHER RESOLVED, that the Town Board reserves all rights to reject any and all bids. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays The following two resolutions related to the Consortium Funds. RESOLUTION AUTHORIZING THE SUBMISSION OF THE FISCAL YEAR 1985 DUTCHESS COUNTY COMMUNITY DEVELOPMENT CONSORTIUM APPLICATION The following resolution was offered by COUNCILWOMAN PAINO -". " . ~. who moved its adoption: WHEREAS, the Town of Wappinger is participating in the Dutchess County Community Development Consortium for Fiscal Year 1985, and WHEREAS, input from citizens and groups has been received and considered, and WHEREAS, an application has been prepared which is in conformance with said plan, NOW, THEREFORE BE IT RESOLVED that the Dutchess County Community Development Consortium Fiscal Year 1985 application L l l IS? for the Town of Wappinger including the certifications included therein be and hereby is approved, and BE IT FURTHER RESOLVED, that the submission of said application to Dutchess County Department of Planning be and hereby is authorized, and, BE IT FURTHER RESOLVED, that the Supervisor of the Town of Wappinger is hereby authorized to sign the necessary documents. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes o Nays RESOLUTION ACCEPTING THE ENVIRONMENTAL ANALYSIS AND FINDING OF NO SIGNIFICANT IMPACT FOR THE FORMER TOWN HALL RESTORATION PROJECT The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: WHEREAS, the Town of Wappinger has undertaken participation in the Dutchess County Community Development Program targeting funds toward the above stated project, WHEREAS, the Town of Wappinger has made an assessment of the environmental impact of the project per SEQRA guidelines, and rendered a Negative SEQRA Declaration, WHEREAS, the project has also been reviewed for significant effects as defined by the criteria identified in NYSCRR 617.11, IT IS HEREBY determined that the project will not have significant impact related to environmental concerns, and IT IS HEREBY resolved to issue a ,negative declaration pursuant to the implementing regulations of SEQRA. Seconded by: Councilwoman BAllard Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: WHEREAS, the Town Board accepted bids for the sale of the old Town Hall Building and the purchase of a new telephone system for the new Town Hall Building, on April 15, 1985, BE IT RESOLVED, that the Supervisor be and is hereby authorized to sign the contracts for these two items. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays The next resolutlon pertained to the establishment of a reserve fund for Drainage Fees and Subdivision Fees. Mrs. Garrisson explained that Audit and Control advised the Town a few years ago that Drainage and Subdivision Fees collected by the Town should be deposited in the General Fund rather than Special Revenue Fund and specified that they should be reserved at the end of the year and not returned to the General Fund balance. , J5~ Mrs. Paino had a question regarding the wording of the resolution and referred to the second paragraph stating "the Town wishes to appropriate these fees to alleviate any drainage problems and other situations caused by development". She felt this left a lot of leeway and was concerned that the fee would not be applied properly. The language "other situations" could apply to items I other than drainage. MRS. PAINO moved to table this resolution for a change in the language and consider it at the next meeting. Seconded by Mr. McCluskey Motion Unanimously Carried Unfinished Business--- Mrs. Paino noted that the Letter of Credit submitted for the pondview Development in the amount of $92,000.00 expired on May 10, 1985. MRS. PAINO moved to send a letter to Jeff Hunt and the Chemical Bank requesting a Letter of Credit in the same amount for a two year period. Seconded by Mr.McCluskey - Motion Unanimously Carried Mr. McCluskey was curious as to the results of a bond expiring and the developer keeps working. Whose responsibility is it to keep tract of the period of these documents. The Attorney felt that the Building Inspector should keep this record. The Comptroller was requested to notify the Building Inspector of this action. Nicholas Johnson was recognized by the Chair and informed them of a dangerous situation existing at Robinson Lane due to a hole by one of the new fields which could cause a problem. Mr. Croshier was requested to check on this hole and correct it. Mrs. Priscilla Shapiro, being recognized by the Chair asked the _..................... .~ , Board if they were aware of a letter written to the Zoning Administrator in April of this year regarding the yellow bus in Hughsonville. She asked why her bus had to be moved but these people are still allowed to park their bus. Mr. Versace informed her that they were aware of the bus across from the Capolino property and action will be taken in time if there is a violation existing on that property. There was no other business to come before the Board. Incoronato and unanimously carried. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr. The Meeting adjourned at 10 P.M. l Reg. Mtg. 5/20/85 l l ~~~ Elaine H. Snowden Town Clerk /sy, I A Public Hear~ng was held by the Town Board of the Town of Wappinger on May 20, 1985, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, for consideration of exceptional projects beyond the scope of budgetary provisions in order to prepare an application for a share of the Dutchess County Consortium Grant, up to the amount of $50,000. Supervisor Versace opened the Hearing at 7:05 P.m. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing) . Mr. Versace explained that the Hearing related to the Town's application for the 1985 Dutchess County Consortium Funds for an eligible project up to $50,000.00 in cost. A request had been received from Community Services Program, recipient of the bid for the purchase of the old Town Hall, that this year's allocation be applied toward the renovation of the Town Hall and it was his opinion that the entire Town Board approved this request. The monies will be used to provide affordable housing primarily for senior citizens, which all agree is a worthy cause. Mr. Versace opened the Hearing to the public and asked for comments from the public ?resent either for or against this proposal. funded by the State of New York commented that Margaret O'Leary, Mr. Alan Weitlich, resident of the Village of Wappingers Falls and head of the rural preservation group (Community Services Program), the executive director of this group has requested the Board to apply the 1985 consortium funds to the renovation of the present Town Hall for senior citizen housing. Mr. Versace asked if there were any further comments from those present. No one spoke either for or against this proposal. MR. VERSACE moved to close the Public Hearing, seconded by Mrs. Paino and unanimously carried. The Hearing closed at 7:09 P.M. ~~~ Elaine H. Snowden Town Clerk '1 !II"'-- ....- L L c I !. TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF POSTING 'OF NOTICE OF PUBLIC HEARING ON AN APPLICATION FOR THE DUTCHESS COUNTY CONSORTIUM GRANT 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 May 7, 1985, your deponent posted a copy of the attached notice of Public Hearing on an Application for the Dutchess County Consortium Grant, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, Village of Wappingers Falls, Dutchess County, New York. ~~~k Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this OLD day of M.~ 1985. fJ~~ kp- Notary Public VIRGIUO HERNANDEZ. lit. H.IIIY fubliQ of :I,. ror. Sill. Residing ,. II liter Co. nil' 14:::'.J,. 7 C.....J..I.n CJ,W,. IIm_ n. ~ l U ~".;:; ,- ~ ,.:01\' w. an. G. 'D. NEWS DISPLAY ADV ER TISING .... CLASSIFIED ADVERTISING L AFFIDA VlT OF PUBLICATION 914 297-3723 84 EAST MAIN STREET-WAPPINGERS FALLS', NY 12590 State of New York, , County of Dutchess, Town of Wappinger. . . . . . . . . . . . . C?~~,1-Ii. P.c.h:n!~ t?~ . . . . . . . . . . . of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several . h . f h Bookkeener ' times erema ter was, t e........ F. . . . . . . . . . . . . . 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 f one k . I once newspaper or.......... wee s successIve y . . . . . . . . h k . h 8th d f Ma1 . m eac wee ,commencmg on t e...... ay 0 ..... . 19. ?,. and on the following dates thereafter, namely on r'f' PLEASlTAa~th.1tN1'OWtf ," s-d If. tile TCMn or M!i!'" F'; 1lOI1dI/llf1 ....'" 011 1,;,1-' at ~ EDT. II 1Ilt-. .' ,:, Hln; Mill Sltwt. ~ ,..... ~ 'f,., Y. tor \tie IIUftlOM <<'GOriIIdanatloII... ~) ~xceptlOnlll pftIJeotS berOI,ld IIW ~ ~_" of ~ prorielonlJIIt 0l'dW.,_, ~. Pf8I)ere . In application for · .,. of; v the DutchHI CountY-.~ ~: Grant, up to lIle amount of 1!O.0CIIIr.~ \. ln~,,-,wl"bllllMtd.. ,'" . " . ". ':<., , " ElaIoe... $nQwlIaft' ~ "i"o- .j'" .,'. ....~..",:J. '.', ~'TownCttrtl f:<"'?" :'(i,T~oI~~ L and ending on the. . . . ?~~. . . . . day of. . . . ~1. . . . . 1915 . bOlh days inclUSiVU:uI; ua t..:. t ....................~.... Subscribed and sworn to before me this.. . ~~P. . .. . day of. . . ~Y. . . . . 19. . ~5. . . .. .. CA- ...........................- Notary Public My commission expires. . . . . . . . . . . . . . . . . . . . . . . . . ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK QUAtiFIE1 I rl Oil r;:!:ESS COUNTY # 14.8240760 r.OMMISS!UN EXPIRES MAilCH 30, Islv '-":"''':''<''. ''', >~.':"... . . :".&- .::' ..~.~~~. '. ~ .~ ';...... .':~' ~-,-':. ... ......"..1;. , ,'. "~: :"'':''~": -.-:,'; :...~.. ..'If.; . A Public Hearing was held by the Town Board of the Town of Wappinger on May 20, 1985, at the Town Hall, Mill Street, Wappingers Falls, New York, on an application from John Montfort on behalf of Jomo Realty Corp. for a Special Use Permit to fill in the Lands of Montfort. Mr. VErsace opened the Hearing at 7:30 P.M. Present: Frank Versace, Supervisor Renata BAllard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mr. VErsace explained the purpose of the Hearing which was for the purpose of filling in the Green Fly Swamp area off of Route 9, at the request of Jomo Realty Corp. Mr. Incoronato commented that he had reviewed the map and questions on the slope dimensions presented. Mr. Montfort was present and discussed Item #7 regarding the slope on the map submitted by his engineer. The map had since been revised and submitted to the D.E.C. and subsequent approval was received by that department. In response to Mr.Incoronato's question on their proposed use of the land, the engineer replied that they had no intended use for it at this time, first they want to fill it in. Another question from Mr. Incoronato was in regard to the deed and he noted that the land was zoned resi- dential, did they intend to specify this in the deed or did they have future plans for commercial use; the engineer replied that they did not want to put restrictions in the deed, but it would not be used commercially unless this specific zoning was approved. He further noted that the land adjoined a 7 to 8 acre parcel located in Fishkill. There were no further questions or comments either for or against the Mr. Versace asked those present if they had any comments either pro or con on this application for a Special Use Permit. application. MR. VERSACE moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Public Hearing closed at 7:38 \) P'~CWA( W ~ Elaine H. Snowden Town Clerk .-.,-'" TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK --------------~------------------- OF AFFIDAVIT OF POSTING IN THE MATTER L NOTICE OF PUBLIC HEARING ON AN APPLICATION FROM JOHN MONTFORT ON BEHALF OF JOMO REALTY CORP. FOR SPECIAL USE PERMIT TO FILL IN THE LANDS OF. MONTFORT STATE OF NEW YORK I 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 May 7, 1985, your deponent posted a copy of the attached notice of Public Hearing on an Application L from John Montfort for a Special Use Permit to Fill in the Lands of Montfort, 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. &~A b1~go~ Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this J"D day of ~ 1985. L ~~~~ N~; . Public 1; VIR{;;IUO flERN!.NDrz. m. tI.i'tlJr; ~:IJ~'le n: ~ie't' Y~~k Sw:. r.e,~jli,q III U ,"lar CC~l\lV "c; 1).? ComIN..I.n c>,lru ItITA ... L r t \J ',j I I ,,",,, ~ ~~ ~, I ...1, w. and G. D. NEWS DISPLAY ADVERTISING .:. CLASSIFIED ADV ER T1SING 914 297-3723 84 EAST MAIN STREET-WAPPINGERS FALLS. NY 12590 L AFFIDAVIT OF PUBLICA nON State of New York, County of Dutchess, Town of Wappinger. ;CNOTICEt8 HERle'fGwEN tll&tthlT '" town soard 01 the Town Of WlpplnW ! t on May 20. 1_ at 7:30, ~.M_ at Iha ~ ""TOWft' hall,' MID '..... "w:=;= ;. ~,' ~~~:~rJ~ANItyt!\,. ~, Corp tor. 8DaOIa1 u.. PwrmIt to Mill i ~\tM Landa ot Montfort. All "'..... f · " PMOM ...,~ to ~.and '*';, ill, ~>#,~.-:ft:. ,.'... '.~".'jr~'J~ :;,~ /'_ >; ,'~';-;-,\,-;~l~~~~t~~".".tllowd.n f .,~..."~~,'., '~t!,.!,fV;' ,:~,'~-':',f;:' own CIiIrk ." ." -,,"'," T_oI\IfaPP.......,'. f,!Datld:AIlIll.'" ,'" r;;f'~:,'\" j'<.l .. ..... . .. .q;~~+~. P~AA~~~ . . . . . . . . . . . . of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several . h - f h Bookkeener times erema ter was, t e..............J:;........ of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Towll of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published ,in the said newspaper for. . . . 9Ae. . . weeks successively. .Qll~~ . . in each week, commencing on the. Bth . day of . .May . 19.85. and on the following dates thereafter, na!11ely on L and ending on the. . . . . ~~lJ.. . . . day of. . . . ~1. . . . . 19. ~5. bOlh days inclusive./ 11. f /1} t .. .. U!u lA..Wft~ ~ .. Subscribed and sworn to before me this.. . ~~J:l.. . .. day of. . .~Y. . . .. 19. .85 . . . . . . . c...-~ - .......................... . Notary Public I"~: My commission expires. . . . . . . . . . . . . . . . . . . . . . . . . ALBERT 1'.1: OSTEN!' NOTARY PUl3liC, STAn:: OF NEW YORA ~. QUALIFIED IN OIJTCI:[SS t:OllNTY U4.S240760 /(_ ? COMMISSION EXPIRES MAH~II 30. 19_ V .c, ",.' , .:: ' 1 ...';,.-:,:._~~;!,,"'_C.' ~';;~i)':::';~I,.."'~::;~ . "~"~,;;;'~':-:;2::t:;"oi~.?'..;':':.;'f.";~;":';~::~ 'i.i:.".;.:'';-';;i';'f..::..: 'co'>.-" 4, '....' :~;-:J;j ,~, it!c\...:;::-t",~J"~.~~t ..;~~^'t~~."''':;'''''''''~~'''~'f".~~t:...x~.~~,~..,,!;,-f':~'";~'''''':~1;o.~..~"...~yfJt'~,,;y~ ~~~~.~j~~""'~-~ ....7',. ~ -tl...." l~ ~'J -:...~ ~.., ~ '~i- ~-L:\~ '7..~: '~~tj~-~:"':'::'-~' .,':... "_'" "... .." "....~~. )"'l. __1"; ~...;-:: ...."'......"\.... ~'lI'.' . ~~~ \tJ. ~ . ~ ~ ..Ii;i . .... iJ,"~;r.'~=X"~~. 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