1985-03-04 RGM
AGENDA
TCMN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
MARCH 4, 1985
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1. SUPERVISOR CALL MEETING TO ORDER
2 . ROLL CALL
3. ACCEPT MINUTES
Reg. Feb. 4, 1985
Special Feb. 21, 1985
4. REPORTS OF OFFICERS:
Town Justices BYag. lnsp.
Historian annual Report
Receiver of Taxes
Hydrant
5. PETITIONS & COMMUNICATIONS
a. James Klein re: request approval of revision of several lots
for Kendell Farms Subd.
b. Thos. Halley, Attny, rep. Mr. & Mrs. Laks rezoning request
c. James Farrell re: Sewer Service capital Assessment
d. Palph Ferrusi re: Sewer Serf,ice capital Assessment
e. Margaret Doty, Twn Clerk, Red Hook re: Alternate to Veterans
Tax Exemption
f. K. Duxbury, Ch. CAC, recommendation for Ex Officio Member
g. Resignation of Richard Conte from Fire Prevention Bureau
h. Corr. from N.Y.S.D.O.T.: Speed limit reductions (three areas)
i. Deeds for Road widening purposes - Spook Hill- from Corbrew and
Lange - for acceptance by Town
j. Recreation Comm. Members request attendance at Day Seminar at
West Point
k. Request from Village to use 3 Voting Machines March 19th
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6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Request N.Y.S. Legislators for legislation limiting Tort Liabili
b. Appropriate payment to Morris & Andros for Special Drainage
projects from Downstream drainage Fund
c. Resolution instructing H. Supt. to obtain and install "No Left
Turn" sign at 7-11 store-Old Hopewell (& Rte 9)
d. Authorize Town to seek bids for sale of present Town Hall Bldg.
e. Authorize solicitation of bids for Telephone System for new Town 11
8. UNFINISHED BUSINESS
a. Board of Elections: Completion of Ward 4 - Dist. 3 separation
b. R. Evangelista - Engineering costs for Drainage improvement
Phase 5 - Edgehill, Hilltop, and Pye Lane
c. T. Classey, Fire. Insp. reco~mendation for Amendment to LL#3-'83
d. Town of Fishkill submittal of member to Cablevision Committee
e. Letter of Credit - Buyakowski - for Woodcrest Subd.
f. Wm. MacGeorge request tp become tenant to Watchill Water Dist.
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 March 4th, 1985 at the Town Hall, Mill
Street, Wappingers Falls, Dutchess County, New York.
Supervisor Versace opened the Meeting at 8:08 P.M.
Present:
Others Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Gerard McCluskey, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
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 February., 1985
and the Special Meeting of February 21, 1985, having previously
been forwarded to all Board Members, were now placed before them
for their consideration.
MRS. PAINO moved that the above stated Minutes be and they are
hereby approved, as submitted by the Town Clerk.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mrs. Ballard noted that at the Special Meeting the Board discussed
Mrs. Farnsworth's resignation but failed to take any action on it.
MRS. BALLARD moved to accept Mrs. Farnsworth's resignation as the
Zoning Administrator of the Town, with thanks and place it on file.
Seconded by Mrs. Paino
Motion UnanimoU3 ly Carried
Mrs. Ballard brought another subject to the attention of the
Board---at the January 21, 1985 Meeting during the discussion on
the appointment of a Zoning Board of Appeals Member to fill the
vacancy created by the expiration of Mr. Urciuoli's term, the
Board did not request the Town Clerk to send him a letter of
thanks for his services to the Town.
MRS. BALLARD moved to request the Town Clerk to send Mr. Urciuoli
a letter of thanks for his years of service on the Zoning Board
of Appeals.
Seconded by Mrs. Paino
Unanimously Carried
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Reports for the month of January were received from the Town
Justices, Receiver of Taxes and the Hydrant Report, also the
Annual Report from the Historian.
MR. MCCLUSKEY moved to accept these Reports and place them on
file.
Motion Unanimously Carried
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Seconded by Mrs. Ballard
Mr. James Klein forwarded a letter to the Town Board requesting
approval on the revision of several lots within the Kendell Farms
Subdivision. Ronald Evangelista, Assistant Engineer to the Town,
wrote to the Board regarding this revision indicating that his
office had reviewed the amended deed description for the Conser-
vation at Kendell Farms Subdivision which include a total of
54.264 acres and found them to be correct.
Mr. Versace commented that the Board had held a work shop session
with Mr. Klein concerning the amended boundaries and since the
deeds were acceptable to the Engineer it was his opinion that
the next step would be to set a public hearing on these changes. II
MR. VERSACE moved to direct the Attorney to prepare the necessary
resolution to set a public hearing and submit them to the Town
Board prior to the March 18th, 1985 meeting.
Seconded by Mrs. Paino.
Motion Unanimously Carried
A request from Attorney Thomas Halley, representing Mr. & Mrs.
Tenno Laks, Myers Corners Road, in regard to rezoning their
property was discussed at a work shop session. When the Laks
informed the Board that they intended to use the land for Medical
Office Buildings they were referred to the Zoning Board of Appeals
for a Special Use Permit. They then withdrew their rezoning
request. II
MRS. PAINO moved to receive this communication and place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Items 5c and 5d, letters from James Farrell and Ralph Ferrusi
respectively, were in reference to the unavailibility of sewer
lines to their homes on Old Hopewell Road and both home owners
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were requesting reimbursement of the assessment fees they have
paid over the years since they were not receiving the service.
MR. VERSACE moved to direct Mr. Evangelista to notify Mr. Andros
to include in his study of Wappinger Sewer Improvement #1,
provision for sewer line connection from the area of Eck Road
westerly of the present lines for WSI#I, in order to service
these two homes with Town sewer facilities and further moved
to request the Town Clerk to send letters to Mr. Farrell and
Mr. Ferrusi indicating that these monies cannot be refunded
pursuant to State Law which requires that all homes within a
district must pay an assessment, however, the Town could consider
lowering their assessment to one-third of the total amount now
being paid until such time when they are provided with these
facilities, and also inform these homeowners that the Engineer
to the Town has been directed to conduct a study to provide a
sewer line connection to their homes.
Seconded by Mr. Incoronato
Motion Unanimously Carried
At the last meeting the Town Board approved a resolution relating
to Veterans Income Tax Credit to replace provisions for Real
Property Tax Exemptions. The Board requested that this reso-
lution be forwarded to all Supervisors and Mayors of Dutchess
County (as outlined in the resolution). A communication was
received from the Town Clerk of Red Hook which was identical
to what we had sent them two weeks ago.
MR. VERSACE moved to rece i ve the Memo from the Town 0 f Red Hook
and place it on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A Memo was received from Kenneth Duxbury, Chairman of the
Conservation Advisory Council recommending the appointment of
Mr. Edward Hawksley, former Chairman of the Council, as an
ex-officio member of the Conservation Advisory Council.
MR. INCORONATO moved that Edward Hawksley be appointed as an
ex-officio member of the Conservation Advisory Council, as
recommended by Mr. Duxbury.
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Seconded by Mrs. Paino
Motion Unanimously Carried
~esignation was received from Richard Conte from his position
as a member of the Town Fire Prevention Bureau due to his
inability to attend the required meetings.
MR. MCCLUSKEY moved to accept Mr. Conte's resignation and
place it on file, also send a letter of thanks to Mr. Conte.
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Seconded by Mrs. Paino
Motion Unanimously Carried
Several communications were received from the New York State
Department of Transportation regarding the approval of a
30 MPH in the Hughsonville Area, 40 MPH in the North East
Area of Wappinger including Maloney Road, Smith Crossing Road
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and Diddell Road and 45 MPH on Route 9D at Ketchamtown Road
to the Town line.
MR. INCORONATO moved to receive this correspondence and place
it on file and requested the Highway Superintendent to install
the proper signs if h~~ot already done so. II
Seconded by Mr. McCluskey
Motion Unanimously Carried
Correspondence was received from both the Attorney and the
Engineer regarding submission of maps and deed descriptions
from Corbrew and Lange for road widening purposes on Spook
Hill Road. Both officers found these documents to be in
order and recommended acceptance by the Town Board.
MR. VERSACE moved to approve and accept the deeds as presented,
upon recommendation of the Attorney and the Engineer to the
Town.
Seconded by Mrs.paino
Motion Unanimously Carried II
A request was received from Recreation Commission Members,
Hugh J. Maurer, Frank Presti, William Wood and Director Robert
Blose to attend a one day Seminar at West Point on March 14,
1985.
MR. VERSACE moved to grant permission to the Recreation Members
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to attend the one day Seminar at West Point on March 14, 1985
at the expense of the Town.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. Versace and Mrs. Paino noted that the purpose of the
Seminar was to provide an in-depth discussion on athletic field
maintenance concerning the latest information about fertilizing,
irrigation, thatching, aerifying, pest control and correcting
drainage problems, all subjects of interest to the Recreation
Commission and should prove to be very beneficial to them.
A verbal request was received from Leo Lowney, Village Clerk,
for permission to use 3 of the Town Voting Machines for their
March 19, 1985 Village Election.
MR. MCCLUSKEY moved to grant permission to the Village Clerk
to use 3 Town Voting Machines for their Election.
Seconded by Mrs. Paino
Motion Unanimously Carried
Prior to going on with Committee Reports, Mr. Versace recognized
Sandra Goldberg, Wappinger County Legislator and asked her to
report on County activities of interest to our Town.
Some of the items Mrs. Goldberg spoke on included County approval
of a lease on a building on Market and Church Street, in Poughkeepsie
for the Social Service Department: a lengthy report on the issue
of the PASNY 345 Power Line 'andtheJcourtbattlte thilt was initiated
by municipalities and the PROTECT organization: a County study
revealed the need of a traffic light at the intersection of
Jackson Road and Vassar Road (very frequently used by Town of
Wappinger residents traveling to Poughkeepsie) and a signal light
at Jackson Road and New Hackensack Road. At this time Mr. McCluskey
commented that there were two speed limits in the area of Jackson
Road and New Hackensack Road and Jackson Road and Vassar Road
which he felt was not well planned, it should be more consistent.
He also noted, while discussing this area, that the dumping activity
was still going on --- there was nothing to stop people from enter-
the property in the early hours and getting rid of their junk.
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He asked Mrs. Goldberg to check on the possibility of reopening
Airport Park as a recreation area in the near future (next year
or even beyond that).
Another item Mrs. Goldberg mentioned concerned a possible lease
with the Richmore Company to operate at the airport: this would
not be brought on the floor to vote in March, but it could come
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before them in April.
Committee Reports---
Mrs. Ballard, Dial-A-Ride, forwarded a brochure on this program
for transporting senior citizens to all Board Members and its
contents outlined their new schedules for the bus route and
the increased service for these people. The new system is work-
ing out better now that they are used to it. New poster in the
Town Hall and other public places: she will distribute some of
the brochures to the K of C Drop In Center. New Vans, white'
with orange, yellow and blue striping, the same as the Loop Bus
System, will be in service within the next two weeks, will hold
23 passengers with wheel chair capacity.
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Mrs. Ballard, Election Committee, will take up unfinished business
under 8A at the appropriate time: forwarded copies of a letter
received from Arthur Weit, Grand Knight of the Knights of Columbus
indicating that the Board of Trustees have given permission to
the Town to use one of the rooms attheK of'C Hall' on::East Main
Street as a Polling Piece to replace the old Town Hall presently
used for Ward One, District Two, effective May 1st, 1985.
MRS. BALLARD moved to notify the Dutchess County Board of
Elections that voters in Ward 1, District 2, will use the Knights
of Columbus Hall on East Main Street, Wappingers Falls, New York,
and a newly formed district, Ward 4, District 6, formed from
splitting up Ward 4, District 3, will use the Immanuel Christian
Reformed Church on Myers Corners Road, effective May 1st, 1985. II
Seconded by Mrs. Paino
Motion Unanimously Carried
At the Association of Town's Meeting in New York, Mrs. Ballard
attended several Town Board sessions and also went to a Town
Clerk's session befause it pertained to election district
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boundary alterations and other election ward changes. They
pointed out that between January 1, 1987 and December 31, 1990,
they would like to freeze the voting districts so no changes
would take place during that period of time in the election
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districts: in 1990 there will be a census and the municipalities
will have the right to redistrict again. She suggested to the
Board Members that if they anticipate splitting up any of the
present districts in their area due to voter registration over
1,000, they should plan to do so in 1986 probably after they
view the situation on Election Day. Another point brought up
at this session was that the State Legislature has authorized
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an expenditure of $250,000 for a study on voter computorization.
The Town should look into the possibility of buying one or two
new voting machines, but they should keep in mind that eventually
we will have computerized voting and the present voting machines
will no longer be in use.
MRS. BALLARD moved to send a letter t6 the Chairmen of the
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Republican and Democratic Parties informing them of the change
in the Polling Place and the addition of one new district as of
May 1, 1985 and they will need two additional Election Inspectors.
Seconded by Mr~.Meelnekey
Motion Unanimously Carried
Mrs. Ballard, Recreation Committee--reported on February 21, 1985
Recreation Commission meeting which she attended and listened to
discussion on the position of maintenance director, as recommended
by the Citizens Advisory Committee. The Commission authorized
the Director to put an ad in his weekly column for a person for
this position. The Commission suggested that the Tree Seedling
Program which has been handled by them for many years be passed
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on to the Conservation Council. The CAC, at their meeting last
Wednesday evening agreed to take over this program of distributing
tree seedlings to the residents which will probably be sometime
in April.
Mrs. Ballard, Town Hall Cornrnittee-- the project is moving along
on schedule; the well has been' drilled. The contractor plans to
move his field office in this week. The footings will be put in
the second week of March. On March 21, 1985, Hayward and Pakan
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will attend a work shop session to discuss their suggestions
on security lock systems. The Town Board can take action on
this phase at their first meeting in April.
Mrs. Ballard, Aquifer Test---a work shop was held on February 14,
1985 with Dunngeoscience, Morris & Andros and Camo Pollution
Control for the purpose of answering questions posed by the
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Board on this matter. These agencies will meet at the Hilltop
well site to review the suggestions and recommendations made by
Dunngeosciencei Camo and Morris & Andros will report their recom-
mendations to the Board relating to this test toward the end of
March.
MRS. BALLARD moved to send a copy of the report from Dunngeoscience
to the Dutchess County Executive, Lucille Patterson, to be used
by the Dutchess County Department of Planning in conjunction with
the U.S. Geological Study being conducted in the Mid-Hudson Area.
Seconded by Mrs. Paino
Motion Unanimously Carried
In conclusion, Mrs. Ballard noted that the Association of Town's
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Meeting was very informative and she took lots of notes. When
she sorts them out, she will type a report and leave it at the
Town Clerk's Office for anyone interested in reading them.
Mrs. Paino, Association of Town's Meeting, very informative,
she also took lots of notes and gave a brief report on some of
the topics.
Building and Fire Prevention Code - the instructor indicated
that any municipality can opt out of enforcing the . Code' 'by
passing the authority on to the County. If this is their intent,
it must be done by adoption of a Local Law six months prior to
the year they intend it to be effective. The County may also
opt out of this enforcement of the Code by transferring it to
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.the State, no time limit for them to change this authority.
It was recommended that local governments enforce the Code
themselves since they could do a better job and it would be
less expensive than the State performing this service. Variances
to these Codes, no matter who enforces it, must be reviewed by
the State. They do provide some financial aid to local govern-
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ments and this year nine million dollars will be distributed
throughout the State, so the Town should expect to receive the
same amount as last year for the Fire Inspector. Additional
engineers will be provided by the State for technical assistance to
the Towns.
l. Risk Management geared toward urban Towns. Booklets were provided
and Mrs. Paino will pass one on to the Comptroller for her infor-
mation. Municipalities are advised to review areas of past and
current litigation, also areas of possible litigation and determine
their insurance~needs. The Attorney should check "hold harmless"
clauses in contracts. Towns should reduce any area of liability,
and if possible, place a cap on "pain and suffering award" and
monetary cap on recovery. A resolution under item 7a for this
purpose will be considered by the Town Board at the time it is
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placed in front of them. The second item was discussion on
municipal insurance--rates will continue to escalate at least
to 1987. Town should be aware of potential liability regarding
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water pollution and consider passing aquifer quality protection
laws. Part of the aquifer test prepared by Dunngeoscience suggests
an outline for rules and regulations for protection from contamina-
tion of public water supply of the Town.
MRS. PAINO moved that a copy of this report be sent to the
Conservation Advisory Council for review of the rules and regula-
tions for a report to the Town Board and subsequent recommendation
from them.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Public Labor Relations update - Since the Town Highway Department
is planning to join the CSEA, Mrs. Paino felt she could get some
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input from the session. A court case in the Town of Evans
determined that employees engaging in politics cannot be fired
for political affiliations unless it affected their job performance.
A court case in Putnam County cautioned Town Board Members not to
be directly involved in the negotiations simce if they were involved,
in all fairness, this member would have to vote in agreement,with
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the items included in the contract. Negotiations may be open to
the public and the press provided that both parties involved in
the negotiations agree to their presence.
Mrs. Paino, Water and Sewer Committee, at their February meeting
with Camo Pollution Control they discussed the idea of coupling
costs to paint the tanks at Hilltop Water Supply and Maxwell Drive
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Water Tank, both in CWWIA, and requested costs on sand blasting
the interiors, paint and disinfect. Mike Tremper recommended
that they put costs together with other recommendations the Town
may want to pursue per the Dunngeoscience report. According to
Mr. Tremper, the D.E.C. recommends that water tanks be painted
every ten years, and these two tanks have exceeded that time limit.
Mr. Incoronato, Association of Towns, gave the following report:
As the Wappinger Delegate to this Meeting, he summarized his
position on key resolutions voted on at the delegation. The
16 proposals will be presented to Governor Cuomo and the State
Legislature for their consideration and support.
1. Voted to use 1980 Census population statistics in the
financial formula for determing State Aid to municipalities.
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2. Favored limiting court awards in suits against Towns & Villages
to $400,000 maximum, except where negligent death is at issue.
3. Voted to urge that all locally implemented state legislation
such as senior citizens and veterans real property exemptions
be funded from state tax coffers rather than locally.
4. Voted for additional state financial and technical assistance
for establishment and operation of regional landfills.
5. Voted to increase maximum fine for violations of Town Law
including zoning ordinance infractions, from $250 to $1,000.
6. Defeated by majority, but he voted for a change in state law
enabling Towns to set speed limits from 30 MPH to 55 MPH.
7. Against law to re-establish the State Advisory Commission
on intergovernmental relations. Passed by majority.
Mr. Incoronato reported on repeated violation of the Zoning
Ordinance relating to the placement of signs, by Lawrence Farms.
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Despite the issuance of an Order to Remedy by our Zoning Administra-
tor, this firm has not complied with our law and now, adding insult
to injury, have erected a flashing sign, larger than the first one
located on the shoulder of Route 9. Although Mr. Incoronato stopped
and requested the manager to remove the sign by the end of last week,
it was still standing and flashing last night prior to their closing
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time. It was time to deal more stringently with them Mr.
Incoronato decided and urged the Attorney to the Town to issue
an Order to Remedy and bring them to court if necessary to
mandate compliance of the Town law.
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Mr.-Ressler responded that he would work in conjunction with
the Zoning Administrator in this matter.
Mr. McCluskey, Association of Towns--had contact with the
Chairman of the New York State Commission of Cable, William
Finneran. He discussed the problems the Town has with cable-
vision and evidently the Town of Wappinger is not alone with
their complaints on this service. He obtained a copy of the
new Federal Law #98-549 which is difficult to interpret. They
discussed Mr. McCluskey's recommendation on a cable committee with
neighboring towns and Mr. Finneran was receptive to this idea and
requested further information on its progress. Next year, Mr.
McCluskey expects to speak at the sessions on this subject. He
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obtained a copy of the Executive Law on Cable TV and expects to
confer with Mr. Kessler on interpreting.lts contents. He listened
to a speech on assessing cablevision, labeled drop lines and con-
nections as real property. The Assessor of a Town can tax tele-
phone company lines leading to a residence and the equipment
attached to the building because it is considered a utility;
the cable companies brought this to the courts and won in the
highest court due to a weak link in the State Law which stated
that cable companies, unlike phone companies and electric companies
are not utilities. The Town Officials were encouraged to contact
their state representatives to request their consideration of a
change in the law whereby the cable companies could be considered
a utility and taxable as such. He sat in on a long discussion
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on water problems and taxes throughout the stshe .and obtained
information on how to establish part townwide districts and full
townwide districts and the ramifications involved in their forma-
tion. Mr. McCluskey found the Association of Town's meeting to be
a very beneficial seminar.
Resolutions---
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The following resolution was offered by COUNCILWOMAN PAINO
who moved its adoption:
WHEREAS, in recent years the cost of tort liability for
local government has increased dramatically, especially in
New York State, and
WHEREAS, New York is one of only a few states with un-
limited liability exposure for local government entities, and
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WHEREAS, such unlimited liability has caused serious
fiscal problems for local government budgets, which combined
with reductions in federal assistance and vo1iti1e economic
conditions, threatens the financial health of public treasuries
and diverts limited tax dollars from the provision of essential
services, and
WHEREAS, the unpredictabi1ity of large damage awards and
settlements is a constant threat to many of the State's smaller
jurisdictions which may simply not be able to afford a catas-
trophic loss, and
WHEREAS, the State Legislation can take action to moderate
local government liability at no cost to the state, be it
RESOLVED, that the Town of Wappinger respectfully requests
the New York State Legislature to pass, and the Governor to sign
into law (a) bill (s) for the purpose and effect of:
1. Amending the doctrine of joint and several liability to
limit damages governmental defendants are required to pay
to their equitable share of judgements;
2. Limiting recovery for non-economic losses (e.g. pain and
suffering) to cases where significant injury is proven
according to objective standards;
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3. Establishing a reasonable cap on recovery against
governmental tort defendants or some other appropriate means
of limiting local government liability, and be it further
RESOLVED, that this Town of Wappinger urges the State
Legislature to act favorable on the legislation currently
pending before it, or a comparable alternative thereto, which
would accomplish the aforementioned goals, and be it further
RESOLVED, that this re'S01ution.l.:.pen~entutQt;..GoveEn6ra.tiario
Cuomo and the members of the New York State Legislature.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
A request was received from Morris & Andros for paYment of
engineering costs for drainage improvement on Phase 5 in the
amount of $3,837.40.
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Mrs. Paino requested that this matter be tabled for further
information on the vouchers"" involved for thei work performed.
MRS. PAINO moved to direct a letter to Morris~ Andros
requesting more specific breakdown on all vouchers and in
regard to the three vouchers submitted for paYment they would
ask that the hours involved on these items be listed and the
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dates that the services were performed.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mrs. Paino noted that she had requested specific breakdowns
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on these vouchers -last year and'spoke to the Comptroller
regarding this matter but has seen no change in the vouchers.
Mr. Versace pointed out that these vouchers were for work
requested by Town Board Members and there were charges involved.
The drainage projects have all been approved by this Town Board
or the previous Town Board and these '"bi..li:s are legitimate-
expenses of the firm.
Mr. McCluskey agreed that vouchers should be more clearly
clarified, he had no objections to paying for services rendered
~~t would like to know exactly what they were paying for, hours
involved and dates involved~ it had nothing to do with Morris &
Andros individually, but all vouchers submitted to the Town should
clearly state this information. He disagreed with Mr. Versace's
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opinion that the disagreeing Board Members were insinuating that
Morris & Andros were padding their bills---not so, no such idea,
merely wanted further clarification.
Mr. . Vet'saoentdirQcted that this item be tabled to the March 18th
1985 meeting.
The following resolution was offered by SUPERVISOR VERSACE
WHEREAS, Southland Corporation made an application for a
special use permit to have gasoline sales as well as a 7-Eleven
Food Store at the corner of Route 9 and Old Hopewell Road in the
Town of Wappinger and,
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who moved its adoption:
WHEREAS, such special use permit was issued on or about
February 23, 1984 in accordance with a site plan contained in
application #715 and,
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WHEREAS, the Zoning Board of Appeals in acting on the
application for a special use permit set forth certain conditions
in the granting of the said special permit one of which states
"There shall be no left turn onto Hopewell Road permitted".
WHEREAS, the Department of Public Works of the County of
Dutchess has indicated that it does not have any objection to
the aforementioned prohibition with respect to said condition,
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NOW, THEREFORE, BE IT RESOLVED, that the Southland
Corporation be instructed to obtain, install and maintain a
sign indicating that no left turn shall be allowed onto Old
Hopewell Road from the 7-Eleven Food Store located on Ol~
Hopewell Road and Route 9, within thirty days of passage of
this resolution. and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Department of Public Works
Director of Engineering of the County of Dutchess at'38
Dutchess Turnpike, Poughkeepsie, New York.
Seconded by: Councilwoman Paino
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Roll Call Vote: 5 Ayes 0 Nays
The original resolution required the installation of this
sign by the Town Highway Superintendent, however, Mr. Versace
felt it was the responsibility of the owner according to the
Planning Board's requirement and requested that the wording be
changed to ,that effect.
It was Mr. McCluskey's opinion that due to the danger involved
in that access road they should not be providing any eRtramce~L
or'exib~~emm thed7-Eleven Store on to Old Hopewell Road; this
sit uation should be reviewed.
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Mr. Versace felt that at a later date this resolution could be
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amended and suggested that Mr. McCluskey check with the County
on possible change for ingress and egress at that location, but
for now this resolution will serve in the interim.
Mr. McCluskey sought a legal opinion from the Attorney on the
procedure to folbwon changing certain conditions set forth by
the Zoning Board of Appeals on the issuance of the Special Use
Permit. Mr. Kessler responded that the ZBA would have to initiate
the procedure by motion to amend the S.U.P. and hold another public
hearing after "r notifying the Southland Corporation.
The following resolution was offered by SOPERVESOR VERSACE
who moved its "adoption:
WHEREAS, the Town of Wappinger is in the process of having
a ~ew Town Hall building constructed, and
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WHEREAS, it is intended that the present Town Hall Building
is to be sold by the '!l'bwn of Wappinger, Now
BE IT RESOLVED, that the present Town Hall Building and
premises located at Mi.' Street, Wappingers Falls, New York,
Grid #6158-14-313291, more particularly described in a certain
deed dated December 6, 1964, and recorded in the Dutchess County
Clerk's office as Liber 1161 at pg. 147, be placed on the market
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for sale with the sale to be completed at the discretion of the
Town Board, and
BE IT FURTHER RESOLVED, that said bids will be received at
the office of the Town Clerk, no later than the 4th day of April,
1985 by 10:00 A.M. and these bids will be opened and read aloud
on the 4th day of April, 1985 at 11:00 A.M. in the office of the
Town Clerk, and
BE IT FURTHER RESOLVED, that the Town Board reserves the
right to reject any and all bids or to advertise for rebids.
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
. WHEREAS, the Town of Wappinger is in the process of having
a new Town Hall Building constructed, and
WHEREAS, the Town of Wappinger will be required to purchase
a new telephone ,system, now
BE IT RESOLVED, that sealed bids be received by the Town of
Wappinger Town Clerk until the 4th day of April 1985 by 10:00 A.M.
and these bids-will be opened and read aloud on the 4th day of
April 1985 at 11:00 A.M. and
BE IT FURTHER RESOLVED, that the Town Board reserves the
right to reject any--and all bids, to waive any informalities
in such bids, to accept other than low bidder and to advertize
for rebids.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
The Board of Elections forwarded the completed district map
showing the district for those voters who are on the boundary
lines between election districts relating the newly formed
district Ward 4, District 6, as a result of the split up of
Ward 4, District 3.
MRS. PAINO moved to receive this communication and place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The following letter was received from Ronald Evangelista relating
to Edgehill - Hilltop Drives - Pye Lane Drainage Improvement,
Phase 5 Engineering Considerations:
February 27, 1985
Dear Members of the Board:
Pursuant to a request by Councilwoman Ballard we are providing
herewith a cost breakdown of the engineering/surveying fees which
remain to design the referenced drainage improvement project.
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The fees associated with this project include work by Senior and
Assistant Engineers, Designers, Draftsmen, Surveyors and Clerical
Assistance. The engineering costs to complete the project are
estimated -at $4,500.00.
Please note, however, that we shall only bill the Town the time
expended on the project. ,The upper limit for this project is
estimated at ~5,000.00. This is an upset cost which wou1a not
be exceeded, we would however, fully expect to complete the
project for the estimated $4,500.00
If this is satisfactory, please advise this office in writing in
order to commence work on this project.
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Thank you for your consideration in this matter.
sl Ronald Evangelista
Mrs. Ballard referred to a lengthy drainage proposal project
outlined in a letter from Morris & Andros dated October 5, 1984.
~e projects are completed, one is nearing completion leaving
EdgehiD, Hilltop and Pye Lane. These were left to last due to
the fact that they involved about 18 homeowners and releases
would be sought from them before the work was started. It would
be necessary to disturb grass and landscaping and it was anticipated
that the homeowners would not be too receptive to this disturbance.
and Mr. Croshier at the Town Hall on February 13, 1985 to inform
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A meeting was held with the homeowners, Mrs. Ballard, Mr..Evange1ista
them what the contractors would be doing to correct drainage problems
in that area. When the specs and plans are drawn up bp~the Engineer,
probably sometime in May, Mrs. Ballard planned to meet with the home-
owners again to keep them informed of this activity.
MRS. BALLARD moved to approve expenditure up to $5,000 for specs
and plans on the Edgehi11-Hi11top Drives Pye Lane Drainage Project.
Seconded by Mr. McCluskey
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Paino stated that she was in favor of the project but requested
a better breakdown and asked that Mrs. Ballard notify the Town Board
when she planned to meet with the homeowners.
Mr. Versace noted that a detailed breakdown would be provided at
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the time the Engineer presented the . specifications for the project,
this action was for the approval to prepare the specs and maps at
a cost not to exceed $5,000.00.
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A request was received from Mr. C1assey, Town Fire Inspector to
amend Local Law # 3 of 1983, Fire Prevention Code.
MR. VERSACE moved to request the Attorney to prepare the necessary
resolution for the Town Board to consider setting a public hearing
on this amendment at the March 18, 1985 meeting.
Seconded by Mr. Incoronato
Motion Unanimously Carried
In response to Mr. McC1uskey's invitation to adjoining municipcl!.lities
to join with us in the. formation of a Cable Committee, a letter was
received from the Fishki11 Town Clerk forwarding the name of Peter
Pastorini as the Town of Fishki1L's representative in the Committee
if Wappinger proceeded with this idea.
Mr. Versace forwarded this communication to Mr. McCluskey as repre-
sentative of the Town of Wappinger.
A new Letter of Credit was forwarded from Mr. Buyakowski and M.
Godbout for Woodcrest Subdivision from the Fishki11 National Bank
in the amount of $7,000.00.
Mr. Evangelista had concerns on this Letter of Credit and had
returned the original Letter to the Bank until these concerns were
resolved. The first pertained to two sanitary manholes that did not
appeared to be covered: this was the second request and had not at
this time seen complied with: the second concern was the expiration
date of June 30, 1985 and he suggested an expiration date of six to
nine months from acceptance of the letter by the Town which would
be anytime from September 30th to December 31, 1985 expiration.
Mr. Versace recommended that the Attorney and the Engineer contact
the attorney for the principals of Woodcrest Subdivision to resolve
these problems.
MR. VERSACE moved to table this item to the March 18, 1985 meeting.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A request was received from Mr. William MacGeorge to become tenant
to the Watch Hill Water District at the last meeting and referred to
Mr. Evangelista to determine if this property was within the district.
Mr. Evangelista had not been able to obtain a map of the district
and requested additional time to complete his investigation.
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MR. VERSACE moved to table this request to the March 18th, 1985
meeting.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The Amendment to the Soil Erosion and Sediment Control Ordinance
had been introduced by Mr. Incoronato at the January 21, 1985
meeting and a public hearing had been set for March 4, 1985
meeting. This could not be held due to the fact that the proper
Amendment had not been received from the Attorney until it was too
late to advertise. During the last two weeks Mr. Kessler forwarded
the proper document to the Town Clerk and she requested the Board to
set another date for this Public Hearing.
MR. INCORONATO moved to set a Public Hearing on the Amendments to
the Soil Erosion and Sediment Control Ordinance on March 18, 1985
at 7:45 P.M. to hear all interested persons.
Seconded by Mrs. Paino
Motion Unanimously Carried
There was no other business to come before the Board.
MR. INCORONATO moved to adjourn the meeting, seconded by Mrs. Paino
and unanimously carried.
The Meeting adjourned at 10:00 P.M.
~USwu~
Elaine H. Snowden
Town Clerk
Reg. Bimonthly Mtg.
3/4/85
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