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1985-01-21 RGM AGENDA TCMN BOARD TCMN OF WAPPINGER B rMONTHL Y MEET ING JANUARY 21, 1985 - - - "'\' - - - 1 . SU PERVISOR CALL MEET ING TO ORDER r 2. ROLL CALL PLEDGE ALLEG IANeE TO FLAG 3. ACCEPT MINUTES Dec. 28, 1984, Year End Jan. 7, 1985 Reg. Jan. 2, 1985, Reorg. 41 REPORTS OF OFFICERS: Town Justices Hydrant report 5. PETITIONS & COMMUNICATIONS a. Request from K. Croshier, H. Supt. to seek bids for Highway Materials.and fuel Oil ClMd S~J,Au b. John Todd, Sect'y Chelsea Fire Dist. with recommendation for appointment of Leo Kearns to replace Wm. Powles on Board of Fire Prevention - T/Bd. to confirm appointment c. Reisgnation of E. Hawksley from Conservation Adv. Council d. Recommendation for appointment of Ken Duxburry as Ch. of Cons. Adv. Council to replace Mr. Hawksley e. Notification from P1ng. Bd. of selection of Mr. Mills as Vice Chairman f. Thos. Logan, Assessor, response to question raised at P.H. for Veterans Exemption LL g. R. Evangelista Memorandum re: Summary of Town Drainage projectsl Concerns h. R. Evangelista re: Completion of Drainage project on Robert Lane~ recommendation for final payment to Contractor i. Two"letters of Credit": (1) F. Buyakowski for Woodcrest; and, (2) James A. Klein for Kendell Farms, Sect. I j. Peter Lucke1 - Certificate of Deposit (in lieu of "Letter of Credit") for Cedar Estates .' 6. COMMITTEE RE PORTS .' 7. RESOLUTIONS a. BID Contracting - overage on Handicap Facility on Robinson Lane b. Soil Erosion & Sediment Control Ordinance Amendment c. Vacancy on Zoning Bd. of Appeals (Feb. 1st) term expires for Geo. Urciuoli / d. Veterans Exemption Local Law . e. Fire Inspection Fee Schedule Amendment f. Return interest to Jas. A. Klein g. Approve payment from Special Revenue Down Stream Drainage Fund to Ciccone for Robert Lane. " ~rlY\ 'fC;V".e'~ f~e.rSiM ~ f~~\ POh;lt~ \" Sv~\\~ OC 8. UNFINISHED BUSINESS a. Attorney_to report on Contract negotiations wi Finnegan & Associa es re: Valuation update b. Attorney to report on CATV rates 9. NEW BUSINESS ,,,,,,,- \. ~\~f'~ , G.,\\~ ADJOURNMENT 10. l ~ l ~ L :<r The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on January 21, 1985 at the Town Ha~l. Nil1 Street, Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the meeting at 8:00 P.M. Present: Frank Versace, $upe+visor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Eaino, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Bernard Kessler, Attorney Ronald Evangelista, Engineer Kenneth Croshier, Highway Superintendent Thomas Logan, Assessor The Meeting started with the Pledge of Allegiance to the Flag. The minutes of the Year End Meeting, December 28th, 1984, the Reorganizationa1 Meeting of January 2nd, 1985 and the Regular Bimonthly Meeting of January 7th, 1985 having previously been forwarded ~o_ all. Board Members were now placed before them for their consideration. MRS PAINO moved that the Minutes of December 28, 1984, January 2, 1985,- and January 7~ 1985 be and they are hereby approved as submitted by the Town Clerk. Seconded by Mrs. Ballard Motion Unanimously Carried Reports were received from the Town Justices for the month of December and the Hydrant Report for the month of December. MRS. PAINO mentioned. that the Hydrant at 2 Elizabeth Terrace is leaking. Mr. Croshier has spoken to Camo Pollution and that is being taken care of. MRS. PAINO moved to accept the Reports of the Town Justices and the Hydrant R~port and place them on file. Seconded by Mrs. Ballard Motion Unanimously Carried 3D Prior to continuing with the Agenda Mr. Versace noted that a letter was received by Certified Mail from the C.S.E.A. to be the bargaining agent for the Highway Employees. MR. VERSACE moved that the C.S.E.A. be recognized as the bargaining agent for the Town of Wappinger Highway Employees. Seconded by Mrs. Ballard Motion Unanimously Carried MRS. PAINO clarified her vote by saying that 11 of the Town Highway Employees have signed applications to join C.S.E.A. and that under the Taylor Law, Section 202 we cannot stand in their way if they want to unionize. She felt that it was unfortunate that the Highway Department Employees had to seek this route but she noted the primary reason seemed to be lack of communication with the Supervisor and Town Board. MR. VERSACE mentioned that there was some indication from the employees that there was a lack of communication with his office but they do work for another elected official and courtesy alone did not allow him to interfere with such internal problems. Mr. Versace also noted that he did not recall a request from the. employees for a meeting regarding benefits. He felt that communications was not the only reason the employees wanted to join a union but that by joining C.S.E.A. they would have more representation if they had any problems. MRS. PAINO agreed that they do work for another elected official but that the Town Board is responsible for implementing the personnel policies. She wanted it on record that on December 15, 1984 there was an open meeting with the Highway Employees and at that time an employee criticized Mr. Versace saying that they had no response to questions asked of the Supervisor. Mr. Versace did meet with the Highway Employees 8 or 9 months ago and they did discuss employee policies. At that time they were informed that they were entitled to the same policies as the rest of the Town Employees. MR. Me CLUSKEY resented the polorization of certain members of the Board especially Mrs. Paino and himself, the employees, and Mr. Croshier. He mentioned that he did speak to the Highway Employees on:Employee Policies. He felt that if there had been better communication they would not have gone to C.S.E.A. -"'..............;--: (; :~ ., - ~ - ) - L ~ l '-' L 3/ The Board at this point resumed the Agenda under Petitions and Communications. MR. CROSHIER requested permission from the Town Board to go out for bid for Highway Materials such as : sand, gravel, fuel oil, etc. and also a sander for one of his trucks which was included in this years budget. MRS. PAINO moved to authorize Mr. CrQshier to go but to bid for the Highway Materials and the sander. She also moved to request that the Town Clerk advertise for such materials in this weeks newspaper. Seconded by Mr. ,McCluskey Motion Unanimously Carried A letter was received from the Chelsea Board of Fire Commissioners recommending that Leo Kearns replace William Powles on the Fire Prevention Board. Mr. Powles has recently changed his residence. MR. INCORONATO moved to confirm the appointment of Leo Kearns to replace William Powles on the Fire Prevention Bureau upon the recommendation of the Chelsea Fire District. Seconded by Mrs. Ballard Motion Unanimously Carried MRS. PAINO moved to send a letter to Mr. Powles thanking him for his services to the Town. Seconded by Mr. Incoronato Motion Unanimously Carried A resignation was received from Edward S. Hawksley from the Conservation Advisory Council in light of his recent appointment to the Town Planning Board. MR. VERSACE moved to accept Mr. Hawksley's resignation and to request that the Town Clerk send a letter to him thanking him for his services on the Council and to wish him luck in his new endeavors. Seconded by Mrs. Paino Motion Unanimously Carried A letter was received from the Conservation Advisory Council recommending the appointment of Ken Duxbury as Chairman to replace Mr. Hawksley. 3:;'" MRS. PAINO moved that Ken Duxbury be appointed Chairman of the Conservation Advisory Council. Seconded by Mr. McCluskey Motion Unanimously Carried Notification.was received from the Planning Board that James Mills has been appointed Vice Chairman for 1985. MR. VERSACE moved that this correspondence be placed on file and that a letter be sent to the.Chairman of the Planning Board stating that the Town Board is very pleased with the job Mr. Mills has done.. Seconded by Mrs. Ballard Motion Unanimously Carried The following letter was received: 11 January 1985 Town Board Town of Wappinger With regard to the alternative Veterans Exemption (458a RPTL) please be advised that I spoke to the legal staff of the N. Y. State Division of Equalization & Assessment today and they have provided their opinion in answer to a question brought up at the Public Hearing. If the Town pursuant to a Local Law establishes a dollar limit of the exemption less than the maximum permitted by 458a, the Town may in any. ensuing year raise or lower the limit. If the Town permits the highest limit for this year they may lower the limit in the future. If the Town opts out this year they may implement the exemption in the future. If the Town permits an exemption of any amount they may not in. the future opt out entirely from the exemption. Very truly yours Thomas E. Logan Assessor MR. VERSACE moved to receive this letter and place it on file. He thanked Mr. Logan for his response. Seconded by Mrs. Paino Motion Unanimously Carried A report was received from Ronald Evangelista, Engineer to the Town, regarding the Summary of Town Drainage Projects and Concerns. MRS. PAINO moved to thank Mr. Evangelista for the report and that the Supervisor put this on a Workshop Agenda at the earliest possible date at ->:........ -" , .. ,~ II .., I :5 L '-' l '-' L 3:3 at which time the various projects will be discussed and prioritized. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Evangelista was requested to attend the Workshop Meeting when it is set up. MRS. BALLARD noted that there is a drainage problem at Edgehi11 and Hilltop and that she has discussed this with Mr. Evangelista. A meeting has been set up with residents of this area for February 13, 1985 to discuss these drainage problems. MR. VERSACE mentioned that Mr. Evangelista would be at the January 24, 1985 Workshop Meeting on the Hamilton Drainage problem and his report will be discussed at that time. MR. VERSACE moved that Mr. Evangelista's memo regarding the completion of the Robert Lane, Drainage Project and recommendations for final payment to Ben Ciccone, Contractor be taken up under Resolutions 7 "g". Seconded by Mrs. Paino Motion Unanimously Carried A Letter of Credit was received from Frank Buyakowski for Woodcrest. Mr. Kessler reported that the face appeared to be in proper order but in discussing this with the Town Engineer was informed that the developer wishes to do additional work which would increase the cost about $2,600. The Letter of Credit does not cover the additional improvements. MR. VERSACE moved that on the recommendation of the Town Attorney, the Letter of Credit from Frank Buyakowski be tabled until February 4, 1985. This should give the Town Engineer time to review with the developer any additional improve- ments and for an increase in the Letter of Credit for these improvements. Seconded by Mrs. Paino Motion Unanimously Carried A Letter of Credit was received from Dutchess Bank and Trust Company for James A. Klein, Section 1 of Kendall Farms in the amount of $115,300.00. 34 Mr. Kessler noted that the Letter is in proper form but was concerned that not enough time was allctted for the presentation of claims. It was suggested that the date be extended to December 20, 1987. MR. INCORONATO moved to table the Letter of Credit until February ~, 1985 to give the Attorney the opportunity to contact the Bank. Seconded by Mrs. Ballard Motion Unanimously Carried A letter was received "regarding a Certificate of Deposit with the Fishkill National Bank in the amount of $30,000.00 which has been assigned to the Town of Wappinger in lieu of a Letter of Credit for Cedar Estates. MR. MC CLUSKEY moved to table this correspondence until the Attorney has had an npportunity to contact the Bank. Seconded by Mrs. Paino Motion Unanimously Carried MR. VERSACE introduced Mr. Finnegan of Finnegan & Associates for the Real Property Valuations. Mr. Finnegan had requested to attend this evenings Town Board Meeting since the Workshop set up for this discussion had been cancelled. At this time the Supervisor acknowledged Mr. Finnegan and entertained this opportunity for him to speak. MR. INCORONATO moved to turn the floor over to Mr. Finnegan at this time. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Finnegan noted that this project was originally to be funded by the County but they have now decided not to back the project. Finnegan and Associates had submitted a proposal to undertake the project and when the County decided not to back the project they contacted the County Assessors Association to still conduct a co-operative County Project and most agreed. He pointed out that the Law requires the Assessments to be at a Uniform Percentage of Value and that the Town would be able to utilize the Homestead Law wnich prevents taxes to be shifted from commercial and industrial on to - .. - wi I 1 [ ~ l ~ l 3S residential. Also under the Homestead Law condominiums may be assessed at market va1ue~ At this time the project is a joint project with 15 or 16 Towns passing resolutions to participate in the project. Mr. Finntgan answered various questions from the Town Board regarding the implications of the Homestead Act; and also cost figures represented in his proposal to the Town. Under Committee Reports, MRS. BALLARD explained because the Workshop Meeting of January 17, 1985 was cancelled, Hayward and Paken will be available at the January 24, 1985 meeting to answer any questions the Board may have on the material forwarded to them at the end of last year. If there is any other information the Board may want, she will contact the firm requesting its availability at the January 24th Workshop Meeting. MRS. BALLARD noted that she and Mrs. Paino, as Water & Sewer Committee, meet monthly with Camo Pollution regarding the Operation and Maintenance of the Water and Sewer Plants and it was decided that one month Mrs. Paino would be reporting and the next month Mrs. Ballard. MRS. BALLARD reported receiving several complaints from residents of Central Wappinger Water District regarding air in the lines, asking if the water was potable, and, if there was a problem with the water supply. In checking the problem, it was found that Well #2 had a check valve that was failing. Well #2 was shut down and the problem solved. She further informed the Board that the pump at Eck Drive, ,which was budgeted for in 1985, will be replaced in the next few weeks; also, there was a power outage at Royal Ridge Sewer Plant and a motor had to be replaced. MRS. PAINO and MRS. BALLARD had discussed with Camo a time frame for when they would present the specific plans for the upgrading of the plants and they were assured by Mr. Tremper that by the end of January the information would be complete. And Lastly she stated that the Dunn Geoscience Water Study should be in shortly and a Workshop Meeting will be set up with Camo to discuss their findings. 3.h MR. INCORONATO reported on the Citizens Zoning Advisory Committee stated that the Committee had their initial meeting January 15, 1985 and they will be meeting at Town Hall on the 1st and 3rd Tuesday of each month thru July. A few topics discussed were the traffic and curb cuts on Route 9, and stronger enforcement of the zoning ordinances by the Zoning Administrator and Building Inspector. Ij.'.i II The D.E.C. will have its initial meeting, on January 22, 1985, to discuss the Chelsea Pump Station and the proposal to increase the pump capacity. ~ MR. INCORONATO plans to attend the 2:00 P.M. meeting at the New York State D.E.C. Regional Office in New Paltz and will raise several questions about what the impact will be regarding the increased pumping of water on fish and bass, tidal forces, and the intrusion of salt water north as fresh water is pulled out of the Chelsea Area. He also noted that other meetings will be held at 7 :00 P.M. at the same location and another one the following day at 2 World Trade Center, New York. A resolution approving payment to B. & D. Contractors was considered by the Board at the January 7, 1985 meeting and tabled for further information. It was again placed before the Board. The SUPERVISOR stated that there was a question as to whether all the - work actually had been completed and further information reguired for the Consortium Grant had not been received. The Attorney has written to the Contractor notifying him as to what is lacking. MR. VERSACE moved to table this matter until a reply is received from B. & D. Contractors to the letter from Mr. Kessler. Seconded by Mrs. Ballard Motion Unanimously Carried The Amendment for the Soil Erosion and Sediment Control is still in the hands of the Attorney. He indicated that the completed Amendment for vi introduction would be forwarded to the Town Clerk within the next week or I two. MR. INCORONATO moved to introduce the Amendment for Soil Erosion and Sediment Control. (Ordinance Amendment will be attached hereto and made a part hereof of this meeting.) Seconded by Mrs. Ballard q ( -.. [ '-' l 31 MR. INCORONATO moved to set the Public He~ring on the Amendments for Soil Erosion and Sediment Control for 7:45 P.M. on March 4, 1985. Seconded by Mrs. Ballard Motion Unanimously Carried The following resolution was offered by MR. INCORONATO, who moved its adoption: RESOLVED, that Michael Hirka1a be and he hereby is appointed to fill the vacancy on the Zoning Board of Appeals of the Town of Wappinger which has occurred by reason of the expiration of the term of George Urciou1i, and it is further RESOLVED, that the said Michael Hirka1a is hereby appointed to the said Town Zoning Board of Appeals for a term which shall expire on the 1st day of February, 1990. Seconded by Mrs. Ballard Roll Call Vote: Councilwoman Ballard Aye Councilman Incoronato Ave Councilman McCluskey Nay Councilwoman Paino Nay Supervisor Versace Aye ./ Motion Carried Prior to taking the vote MRS. PAINO asked if MR. INCORONATO had notified the Chairman of the Zoning Board of Appeals of his intention to nominate Mr. Hirka1a, and he indicated that he did not notify Mr."L8ndo1fi. MRS. PAINO then referred to a recent meeting with the Zoning Board and during that meeting the Supervisor and Mr. Incoronato promised that correspondence and notifications would be forwarded to the Z.B.A. She felt that in good faith Mr. Landolfi should have been"notified. MRS. PAINO requested that the following letter be made part of these minutes and noted that she had nothing against Mr. Hirka1a but Mr. Urciou1i has'had excellent participation and attendance on the Z.B.A. Memo To: Town Board From: Zoning Board of Appeals Date: December 19th, 1984 Subject: Reappointment of George Urciou1i to the Zoning Board of Appeals ~ On behalf of the Town of Wappinger Zoning Board, I would like to recommend, for your consideration, the reappointment of George Urciouli for another term on our Board. He is a conscientious person with an excellent attendance record who's presence is made known by his participation in the cases before our Board. George's expertise in business, along with his enthusiasm, has made him a valuable member of the Zoning Board. His residency in Chelsea also provides us with the knowledge in that section of the Town where representation is a valuable factor to our Board. Joseph E. Landolfi, Chairman JEL: lb cc: Zoning Board of Appeals Members MR. VERSACE mentioned that Mr. Urciouli's name had previously been introduced by MR. Me CLUSKEY, seconded by MRS. PAINO and defeated. He added that recommendations for appointments are often received from the Chairman of the various Boards but the Town Board does not necessarily have to approve the recommendations. He felt that, in essence, communication concerned the Zoning Ordinances and operations of the Z.B.A. MR. MC CLUSKEY referred to the Town Board Meeting with the Z.B.A. when the Town Board expressed its desire to open up, and continue, good communications. He has no problem with Mr. Hirkala but felt that the Town Board should have addressed the Z.B.A. on their recommendations and that they were not following up on their commitment. MR. URCIOULI being recognized by the Chair, noted that he realized that the Town Board has the privilege of recommending whomever they wish but he felt that communication is the main problem. MR. INCORONATO said his vote was not against Mr. Urciouli but rather for Mr. Hirkala. On January 10, 1985 a Public Hearing having been held on the Veterans Exemption Local Law, the matter was now placed before the Board for their consideration. MR. VERSACE noted that if the Board approved this Local Law, the Town would opt out of the Real Property Exemption; but, if they rejected the Local Law the exemption would be in force for the 1985 tax rolls. MR. VERSACE moved the adoption of the Local Law on the Veterans Tax Exemption. Seconded by Mr. McCluskey I ~ I ~ I [ ~ l -.. l 37 I I Roll Call Vote: Councilwoman Ballard Councilman Incoronato Councilman McCluskey Councilwoman Paino Supervisor Versace Nay Nay Nay Nay Nay Mot ion De fea ted . MRS. PAINO stated that she had gone on record on January 11, 1985 on W E 0 K that she would vote for the exemption and that she has much respect and pride for the men and women that have served their country. MR. VERSACE Noted that the Town Board's unanimous vote for the maximum amount of exemption was indicitive of all of the Town Board's feelings that the Veterans deserve some type of consideration and recognition. MR. MC CLUSKEY moved that Mr. Logan be authorized to place a Public Notice in the Poughkeepsie Journal, The Beacon News and the Southern Dutchess News to notify the Veterans of the exemption and that the deadline for filing is May 1st. Seconded by Mrs. Ballard Motion Unanimously Carried Before the vote was taken Mrs. Ballard noted that about 30 Veterans attended the Public Hearing on January 10, 1985. All were in favor of the exemption but noted that it wasn't so much the money but more a gesture of appreciation. She brought to the attention of the Town Board that there is some increase in the commercial development in the area which will bring in more tax monies. A Public Hearing was held on January 21, 1985 prior to tonight's Town Board Meeting, on the Fire Inspection Fee Schedule Amendment relating to business over 25,001 square feet. The matter was now placed before the Board for their consideration. MR. MC CLUSKEY moved to adopt the Amendment to the Fire Inspection Fees as Follows: BE IT ENACTED AS FOLLOWS: 1. The fee for an inspection of a small business (anything under 2,500 square feet of space) shall be the sum of $20.00. 2. The fee for an inspection of a large business (anything over 2,501 square feet of space) shall be the sum of $50.00. 3. The fee for inspection of multiple residences shall be the sum of $50.00 4. The fee for inspection of mobile home parks containing more than ten units shall be $50.00 46 5. The fee for inspection of mobile home parks containing ten units or less shall be the sum of $20.00 6. In the event one reinspection is to be made thereafter, there shall be no charge for such reinspection. 7. In the event a second reinspection is necessary, the fire inspector is authorized to issue a citation to the owner and/or operator for Court Proceedings Seconded by Mrs. Ballard I Motion Unanimously Carried The following resolution was offered by MRS. PAINO who moved its adoption: ~ RESOLVED that the sum of $65.33 be and is hereby returned to James Klein. This amount is interest which was earned on Fieldstone Maintenance fee and was not posted at the time of reimbursement. Seconded by Mrs. Ballard Motion Unanimously Carried The following resolution was offered by MR. INCORONATO who moved its adoption: RESOLVED that the sum of $4,896.39 be and is hereby approved for payment from Special Revenue Fund Downstream Drainage to Ben Ciccone, Inc. for work done on Robert Lane, Phase I & II (final) in accordance with contract awarded at the Town Board Meeting on November 5, 1984, this being the final payment less 5% retainage which will be held for one year. Seconded by Mrs. Ballard Motion Unanimously Carried - A letter was received from the Town Justices recommending the appointment of Frances Patterson as Assistant to the Court Clerk to replace Micheline Brudnak who has resigned as of January 18, 1985. MR. MC CLUSKEY moved to accept Mrs. Brudnak's resignation and thank her for her services to the Town Justices and to approve the appointment of Mrs. Patterson to fill the vacancy at a salary of $9,500. Seconded by Mrs. Ballard Motion Unanimously Carried A resolution was placed before the Board relating to the Real Property Va1utaions. In reading the resolution the fee was $147,440. if the completion ~ date was May 1, 1986 and if it was necessary to extend the completion date to noted that the actual cost would pepend on the number of Towns that accepted I May 1, 1987, there would not be any increase in the base fee. Mr. Finnegan the valuation project. MR. MC CLUSKEY felt that the contract was for a considerable amount and was against passing the resolution when the proper fees were not known. MR. VERSACE, after a discussion regarding this, asked Mr. Kessler how this should be handled in order to pass the resolution. Mr. Kessler noted that "the fee not to exceed $139,625. with the completion date to be on or before \? [ ..., l- , ~':.' '-' l '-II May 1, 1986" and an additional $26,000. for the completion date of May.l, 1987 be inserted in the resolution. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, the Town of Wappinger wishes to complete a real property valuation update project as provided under Article l5b of the Real Property Tax Law; and WHEREAS, the Town has in its files proposed inventory data; and WHEREAS, Robert J. Finnegan and Associates, Inc., apparently has the expertise and personnel to provide the technical services necessary to assist in the said real property valuation project; and WHEREAS, Robert J. Finnegan and Associates, Inc., has submitted a proposal to provide updated services, as more particuarly set forth in a certain contract which has been submitted to the Town and which said Company was selected by the Dutchess County Assessors Association; and WHEREAS, the said Robert J. Finnegan and Associates, Inc. will be working in cooperation with other Dutchess County municipalities; NOW, BE IT RESOLVED, that the Town of Wappinger hereby agrees to enter into a written agreement with Robert J. Finnegan and Associates, Inc. for said. company to provide a professional services to the Town of Wappinger in updating and revalu'.g by accepted appraisal methods for a fee not to exceed $139,625.00 with completion date to be on or before May 1, 1986; and BE IT FURTHER RESOLVED, that in the event it becomes necessary to extend the completion date to May 1, 1987, the base fee shall not exceed $165,700.; and BE IT FURTHER RESOLVED, that the Supervisor, Frank J. Versace, be and he hereby is authorized to enter into an agreement with Robert J. Finnegan and Associates, Inc. in the form approved by the Attorney to the Town. Seconded by Mr. Incoronato Roll Call Vote: Councilwoman Ballard Aye Councilman Incoronato Aye Councilman McCluskey Nay Councilwoman Paino Nay Supervisor Versace Aye Motion Carried The Town Clerk was requested to forward,a.copy of the Resolution to the State Department of Equalization and Assessment to the Attention of Russell Harris. At the January 7, 1985 .meeting Mr. Kessler was requested to review the cable franchise to determine if the rates recently approved by the State would remain in effect for the two-year transition period or if a 5% increase could be imposed. MR. KESSLER had spoken with Howard Erichsen and was informed that no intentions t./?-- of increasing the rates for the next 2 years would be considered. MRS. PAINO requested that Mr. Kessler ask Mr. Erichsen for a letter stating the above. The next item on the Agenda was a letter from Richard Tallman requesting to be put on the Agenda for this evenings meeting. Mr. Tallman was not in attendance. MRS. MARY VAN DE CARR of Roberts Road addressed the Board at this time. She wanted the Board to be aware of her side of the situation regarding Mr. Tallman. She stated that since Mr. Tallman took court proceedings against her last February she has done everything she could do to keep peace in the neighborhood and to keep her dogs quiet. A recent incident regarding Mr. Tallman has forced her, because of the health of her husband, to sell her proparty and! move to upstate New York. She will not sell the house as a kennel and will remove the fencing. MR. VERSACE requested that a letter be sent to the State Department of Transportation requesting that "No Parking" signs be placed on Route 376 and Myers Corners Road. Officials are not able to enforce the parking and ,congestion in that area unless the State places sign~ in the area. MR. VERSACE moved to cancel the 2nd Meeting in February, 2/18/85, due to the Holiday on this Monday and the fact that all or most of the Town Board Members would be attending the Association of Towns Meeting,in New York City. Seconded by Mrs. Baims Motion Unanimously Carried There was no other business to come before the Board. MR. MC CLUSKEY moved to adjourn the meeting, seconded by MR. INCORONATO and unanimously carried. The Meeting adjourned at 10:14 P.M. ~~ Elaine H. Snowden Town Clerk Reg. Meeting 1/21/85 I triI I 'f/fI II.) " . \ t l'~jP/.' \~~T~: ~:;;:>~,. , A. TITLE Proposed changes are indicated by double underline. \ \ I ARTICLE I TITLE AND PL~POSE This OrdL"1.:tnce will be known as the "Town of Wappinger So i 1 Eros ion .1nd Sed imcn t Con t-::-o 1 Or~ i n.1nc c . " B. PUP.POSE Excessive quantities of soil are eroding within areas that .... rec~cation areas in the Town of Wappin~er. TIlis soil I . are undergoing development for non-agricultural uses such as housing developments, industrial sites, roads, and erosion makes necessary costly rep3irs to gullies. washed au: fill:. rcac~ ~nd e~bnnk~c~t~. T~c rcsul::~= ~:cc~~c~: L clogs stor::: se',';e~:. mutidies st~eai7:S and silt~ Lakes. Se'_ii.:::e~: is ex~ensi~e co ~c:::cve and 1i:::i:3 t~e - - use 0: ~atc~ ::= ~ost bc~e=~=:~l ~u~pcses. Sedi:::e:1t c:-:r.:~:ed st=~..1;;:.s C.:l~ :-.:...;u~: i~ floeding and associated damages, inc:udin; the t~reat to public health and safety. AR7:1::: ::: DEF::::r:c::s The fol1c~in; definitions shall apply in the interpretacion .. \ I . I I , I \ . I i . f and eniorcement or this Ordinance, unless othe~;ise speCifically st.J.ted: , 1. APPLI C~\NT: Any individual,corpor.J.tion, or entity who is required under the Zoning Ordinance to obt3in a site Ii, ~,\ plan or subdivision approval. 2. CERTIFICATIml: A signed, written statement by the '. Zoning Administrato~ that specific constructions. inspections or tests. . ,;.:" =-' .!' .' ........' :.." . .. .J"'_ .....~",J. .....,'1/,:).....,.. iJ.... . ~~". ~,. """';""~_'I':;;~'~ ". , - ....#-. " .uc , ,. j. " .; ,~ , ' L i , 8. 9. perfo~ed and that such comply with the applicable requirements of this article or regulations adopted. 3. EROSION: The wearing away of the land surface by 4. the action of wind, water or gravity. EXCAVATIO~ OR CUT: Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. 5. DEBRIS BAST~r: A barrier or dam built across a watcr~ay or at ot~er suitable locations to retain rock, sane. gravel, or silt or other material. 6. Dr:.~.;:::/':?~'!:::::7 ~L"":l: Tr. e 0 i =- i c:. a 1 ::1.1;:j t: c r ;J 1.:H. 0 f ~:-: c ""o"n ()i ":"~""'~-~c"" ......" .... ..t'"~=-,~ _..." ... ~h~ch ';"3 u:ell as ..l ;;u.:...ic fo': t:'l! ap;J':opr:.Jce de'lelc?;:-:cn: 0: ""PR' l'--. ~n .- t' :~c To:;:,.. 7. DI.:r:2S ::::: : A channel hit~ 0': ~vi:~ou: a sup~c':::~; ric;e on t~e lo~er sice constructed across or at t~e bottom 0: a slope. E:~!!:t\:'~K~'!E:.:T OR FILL.; A ~an-maec ceposit of soil, rOCK or oc~c~ ~a~2~~~ls. EX! ~T-::::G r;~.tiJ2: The vertical location of the exist:ing ground sur:.Jce prior to cutting or fillin~. 10. FEE - PE?.'!!7; The pa~ent required from an applic.1nt for the issuance of a pe~it unccr the provisions of this Ordinance. 11. FEE - I~SPEC7TON; . The payment required from the ~ - .... permittee for inspections requirgd under the provisions " of this Ordinance. I::::~'-. '. " I 12. FInISHED GRADE: The final .. :-,;..:., ...~~ "'4.:~~,sf:.;:-r,-,. ... .~;." ....J '.. '.60\.--::." . if. ...~......__,~ ..'~.'. . ...,..,,~~~J"""""fl<:v.' -Jtl,. .' ". ,...'sVJ-::~W.!j.'. . ... '. . -" - :. lU.. ';,( t' r . I' 13. ground surface conforming to the proposed design. of SOI<", of ~"7l4 FO~,~.) GRAnUIG: Any stripPing,A cutting/\ filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition. 14. GRADHIG PEP':lIT: A permit issued to authorize work to be perforned under this Ordinance. 15. GRASSED HAT:::?~.lA Y: A natural or constructed wate~/ay, .... usually broad and shallow, covered with erosion-resi~tant grasses, used to conduct surface water from a field, diversion or other site feature. 16. MULC,{I::C: The application of plant or ocher suituble material~ on =he soil surtacc to con~er~e coist~re. hold (; soil in plac~. and ai~ in escubli:hin~ plant cover. 17. NA7:..'?,..\L r,?,J~;::;) Sl:RFAC:: The g:-Qund surface .:.n .:. ts ori;inal state before any gradin~. excavatio~ or fi:ling. 18. O~:E EU::DHED .~.E.\R FI.OOD PL\!:r: That area which wo~ld be inundated by sto~ runoff or flood water equivalent to that which would occur with a rainfall or flood or one huncrcd (lCG) year rec~r:-e~cc :rcq~ency. 19. FEF..'! IT:'EE : Any person to whom a pe~it is issued in accordance with this ordinance. i ,I ;1 .llJ.. J ., ,,' '. < ~i '- .. 20. PROFESSIO~AL E~GI~EER: . An engineer duly registered or other..lise authorized by the State of Neto/ York to practice in the field of civil engineering. REGL1~ATED G?ADDIG: Any grading performed with the , i 21. approval of and in accordance with criteria established . by the'Zoning Administrator. '~k If . ;.'-i~' ..... - ,.' ...'....'f .. ._:~.... ...f'~ ..:...--.~,' '.. . '. :f6-' '~Iii} -C: . ~.~~' ". , _. ~ ... .:.!,.-.... .'". ,~......:Ii:... ...~.;,-Il~. 'Ji." ..... -r _.... '. .-...... ,,~ .......:;.,.. '.:'--:.~..A:"~.....~'1. ~:.';:"?~:'ir'" . ~';A'o:'<.' .I'~-:",,-, ,.w~'''~'''...;'.''t''fi. .~I'J~ '~".. . , '.- ;. ~jJ:'A:';':""'~ ....~ '. ~. ;:i 22. SEDIMErIT: Solid material, both mineral and organic, ..:.. ".;t. ef... ".:. ;. '\ j- "# . ... 1': .. ~. ;.. : -::~ ;':"";,l~'iI~~~~~ . 4......... '-:'''''''.: ~~...a+:'t.,.,..,...~.~ . -3- .tJ that is in suspension, is being transported, or has been moved from its site or origin by air, water or gravity as a product of erosion. 23. SEDIMENT BASIN: See Debris Basin. 24. SEDIMENT POOL: The reservoir space allotted to the accumulation of submerged sediment during the life of the structure. . I 25. SLOPE: Degree of deviation of surface from the horizontal usually expressed in percent or degree. 26. SOIL: All unconsolidated mineral and organic mate- rial of whatever origin that overlies bedrock which can be readily excavated. l 27. SO::' E~:r;:::EE::>.: A profession.)l eng~r.eer who is qua- lified by education and experience to prac~ice ap- plied soil rr.echanics and foundation en~ir.eering. 28. SI7E: Any plot or parcel of land or combination of contiguous lots or parcels of land where grading is per:or~ed or pernitted. "" 2 9. ST"'\~;C;"RCS ,\t:D SPECIFICAT:.:J:IS: The manilal en ti tiled, "Erosion and Sediment ~ontrol Standards and Specifi- cations" published by the Town of Wappinger Conser- vation Advisory Council, printed January 1981, which .' is a compilation of best design practices for con- struction related activities intended to minimize '" .:'- impact upon water quality from soil erosion and sedi- mentation, and which may, from .time to time, be up- , ~.j;. ~ .. -.,," dated and/or revised on an annual basis no later, how- ever, than March 1 of each year. :-.... :. ~.'~.!-'t:~ -.... ., ~ - .~..: . . .-4- . "'.. " . . "F.~-.,r';:i.oitw'~":"J llI': . ,,;,.~, .......':''J1'..fi.;;~;.~~~f, ';';.~/.~; '. . .... "-' .:JI"'_;.iA"""'rJ~ .~...~ .". ., -.' ..., ", -T;' ""':". ...........L..' '-iI' ';j .,'t'J~;",.~..; .~ ....~....;::~~!;..:)..(~I;;;.~~ 't--~ ~.. .~ .. . ~ ." ~ .......,....... . .a..'. .-lf~" '!i~-I'.",jI["~.""'. . .~,.... ..... .~"..:' ~ .~....... - ,i~.. ""M 4"',.,,)( ,>:'_~, .. or. .. . ..:.~~:wt.. .. ...~1.', ~.J-,.~ t\Ilo1t. ,",,:.'. ".:-': ~~...'}...; . . .' ~.... . , i . cO '.;L. .. j .' .1 ,1 .~ 1 ~ '1 .. l; t~ iU ;.'c '---....... ~ 30. STRIPPING: Any activity which removes or signific~ntly disturbs the vegetative surface cover,including clearing and grubbing operations. 31. STRUCTURAL ReCK FILLS: Fills constructed predominantly of rock materials for the purpose of supporting structures. 32. TE:-rpORARY PP.OTECTIO:l: Stabiliz~tions of erosive or sedihoent producing areas. 33. VEGETATIVE P?OTECTIml: Stabilization of erosive or sedi~ent producing areas by covering the soil with: a. Pe~anenc seeding, producing lon~-te~ veget~tive cover b. Short-te~ seeding producing temoor~ry ve~et~tive cove:-. 0= c. Socdi~;. ~rcducing areas covered wit~ a :~=: of perenni~l sod-fo~ir.~ gr~ss. 34. WAT:RCO~R~~: Any n~t~r~l or artifici~l watcrccur~e. st~cam, river, c~eek, ditch, ch~nnel, canal, conduit, cuI vert. drai:., tv~ tc r..lay, gully, r~vine or wash in which water flews in a definite direction or course. eit~er con:~~~ously or in:c:-~ittently. an~ whi~h has a definite chan~cl, bed and banks. and shall include any area adjacent thereto subject to inundation by reason of overflow or flood water. ARTICLE III APPLICATIO~ PROCEDURE A. INITIAL , It is suggested that the applic~nt consult the Town of . Wappinger De~elopment Plan regarding its effect upon the " tract to be developed and the area , . surrounding it before,"":;<.>'Y: ,. '11-,,' "",:~R' ~~.:::t~ . .\. .. t., -p',...... ". . ." ....., '1./0',' .b'_-,...~.{ ~. '."~", .~, . " . -. ,.;:. .....::'.~~:~~.I:::...a . , ",,;:...;,.~\...'~I~.,.;!.....p. It..:'..:;., c'''; . ...... . 0",' c......~- "=",-or.' ......""............... ....,. ~ I :.j(-..... ".' off..,.;;... ..~.~....:it..: #""'....-J..~...-. I!&: . .~~,..~\ttJJ~.,:';r "; . . - ... ~ .~~. .~~. ~~;".'~';f;'~";~. ~~.. .....:-...trA..~lw. '~j.44~.f4.'!";"'" . -5- J U........\..i. ~,1 \ , 1~ i '. :. r 1 j l :: t .. ",-, . ! .,' -~ ; ~-~ ,~ .~ he submits a preliminary plat for review. He should also become acquainted with the zoning ordinance, erosion and sediment control standards and specifications, this or- dinance, and other ordinances which regulate the develop- ment of land in the Town. B. CC~PLIANCE: SITE PLANS AND SUBDIVISIO~ PLATS No site plan or plat shall be approved unless it includes soil erosion and sediment control measures in accordance with the st~ndards and specifications of the Town of Wap- pinger. No approval for a certificate of occupancy for any building will be granted unless all needed erosion control measures have been co~pl~ted or subst~ntiall! r-r8- viced for in acc8rdance with this ordinance and the st~n- dards anc specif~c~tions or the Town of Wappinger. The applic~nt shall bear the final responsibilit1' for the in- A~P M1i'JJTIii"/oJ~lJc~ stallation,~ ccnstruction^of all required erosion control measures according to the provisions of this ordinance and to the standards and specifications of the Town of Wappinger. For this section. olat shall mean anv subdivision clan - . - C. which will reauire internal street/s, fw'IRJoI-r-1AOe CJl1+IJJA~ S'/S1l:-"",S, c.;)(n[~slll-= R"'t,tlt9l"", UlJ"J.~).JD UTJl...IT/t:i'S ~.uo.lc~ o~."1Z ',.,r~"'elJ "1'\ CC~PLIANCE: PLOT PLANS I Prior to issuance ofa building permit for one or more lots within an approved subdivision, the applicant shall include erosion control measures either on an overall .plan or on individual plot plans, at the discretion of the Zoning,~dministrator_ The requirements of this sec- ~"'h'~. ..~ tion may be waived if, in the discretion of the Zoning h~~;;. t' '.....A. . .~.~- ".~ Administrator and t;qineer to the ..;.&:4lgh~~ Town, there is no reason- ~f,im'~;2." ~- .;., ~. 'r~"" . ~ . ... "\or'. .~. ~, '. '. f"O ';Ii; . ...,l\""': ~ "'9i?i/!i!J;:~' 'r~' '~;'~~'.~? ~.~.:.~...:f~.. . t~.:., ~41 1~!~~.~', "":M ..._;._,~.I y~ ," .. ~_,.. ~ ~,... J ~ . .:..~_. · . ~.....~ "'J:~:'..~..........i~. ~ ~ ~,.~ . .,'-;-.7',.. .~ . ~~able erosion hazard. .,. '-;.""rJt. . . ....fl....'. _1\_ LJ ( ~. '. D. DATA REQUIRED - - The applicant must submit the following information for the entire tract of land, whether or not the tract will be developed in stages: 1. A boundary line 'survey of the site on which the work is to be performed. 2. Description of the features, existing and proposed, surrounding the site of importance to the proposed development. 3. Description of general topographic and general soil conditions and contours on the site (available from the Dutchess County Soil Conser~at~~n District). 4. Loc3tion and description of existing and future man- made features of import3nce to the proposed deve- lc;:::-tent. 5. Plans and specifications of soil erosion and sedimen- tation control measures, in accordance with standards and specifications of the Town of ~appinger, at a reasonable scale, preferably 1" = 50'. 6. A reasonable timing schedule indicating the antici- pated starting and completion dates of the develop- ment sequence and the time of exposure of each area prior to the completion of effective erosion and sedi- ment control measures. ., E. PERMITS 1. REQUIRB~ENT: Except as exempted by Paragraph 2 of this section, no .~&..~~:t ~'...~. ~ applicant shall do any grading, stripping, cutting" ,. ~.~~t.~.~ *.~ '''*:~~.". '..... .~#..'. 7~ ~ . . . .. ~. I...... ." M \.~..,.. ~"'a ....,.... ... . . ~ e~....#..:'t~':'\......~~...-! l~'~d,~~)"'':'', $1.;"'<'_ - "Pfi :.'"'11 '.,.... . .... ,,' .~.. .' . ~ -4 .\....c./.II. ~:t;<.if.;.: _ '~. 0('" ". ..... :' .' ~ ..~J .' .:-1. ff~)1 _ ~;.r4t~):. 'S. ..,,,.... - ~ - ....-. ........."..ij.fi. .~. -.' " . ~I ~ -....... ......_';..~ . - "..... _ _" ,..-...,;,~i!J'~ . .':~ 4........ ~'.~..,.lo. . . .., '" - -- -, - LJ " L '. ~. ~ ~j ., \. ,. ;~.. . J ........ ,; 1 /. .a .r _f ! .J . I - ~ ., ~ i i . '- filling, or other site preparation, without a valid grading permit issued by the Zoning Administrator. 2. APPLICATION: A separate application shall be required for each grading permit. Plans, specifications, and timing schedules shall be submitted with each application for a grading permit. The plans shall be prepared or approved and signed by a professional engineer, surveyor, or an architect at a scale acceotable to the Zoninq Administrator, and shall be reviewed and approved, disapproved, or modified by the engineer to the Town. The Zoning Ad~inistrator may waive the preparation or approval and signature by the ap2li- cant's professional engineer, survevor, or architec: when the work entails no reasonable hazard to the adjacent property. ARTICLE IV PRI~CIPLES AND STANDARDS A. I:'!PLE:'~E::':',\ ':' I O~: Since considerable soil erosion can take place during con- 'gon4 struction, plans shall contain~proposed erosion and sedi- fJI1 A 'T''''.'''''Sl.tL' FoR. O~-Vftl.of"'''/.JT pjIJO coJ-J ~l . ment control measures~ These measures shall be incorpo- a S Ii': PI.AI-J rated into the final platAor plot plan and the final con- struction drawings. Erosion and sediment control measures . shall conform to the standards and specifications estab- THlCse: lished by the Town of Wappinger. ~~measure'shall apply " t to all features of the construction site, including street -;:7 ;~,.. ,-- . ...~~~"lf.:~.!.: --.----. - --'-'~------~~-:~-:~-::--;~:J'''''-'~:~'''.' ~-'t-:"_:;~J :, .. '.,,-. ......"\..h.~.'.~~~...:, ~-.~i ----- ~--- .-.----....----. --, ) . Of =~~~--:,:- ;,~~,.:-.~~!,...~-: :": ,'_ ~~:..~~ . :-';- ~"""--- - - A - ";c..";"t~'!;~'.I...;~~t."--..r,,:,,;:,~~-~,-~~'" ,'- ~"-.. . . .. L ( ,df' .... \l, and utility installations as well as to the protection of individual lots. Measures shall also be instituted to prevent or control erosion and sedimentation during various stages of development. B. GENERAL DESIGN PRINCIPLES Practical combinations of the following general principles will provide effective sediment control when properly planned and applied: 1. The subdivision and site plan shall be fitted to the topography and soils so as to create the least erosion potential. 2. Grading of land within the one hundred (100) year fl80d plain or watercourses designated and delineated as being su~ject to flood hazard will not be per~itted unless Local Law No. 4 of 1979 is complied with re- garding flood damage prevention. 3. Per::ianent vegetation and improvements such as streets, sto~ sewers or other features of the develop~ent, capable of car=ying sto~ run-off in a sare manner, ~ '" shall be scheduled for installation to the greatest extenT ?ossible before removing the vegetation cover from an area. 4. Wherever feasible, natural vegetation shall be retained and protected. . 5. Where inadequate vegetation exists, temporary or permanent vegetation shall be established. 6. . The smallest practical area of land shall be exposed at anyone time during development. ......- "; I ',. - . - - _. _.- -'.' - -... ----.------. -- _.,_.~-- " .... ." . 'I' I. __. '''1L~ j" LJ , " l :Or \.. .. ~ .. " t ~ J~, ~ I j ,- . 1 . '. . .' _ i. 7. ~~en land is exposed during develop~ent. the exposure shall be kept to the shortest practical period of time. 8. Critical areas exposed during construction shall be 9. protected with tempor~ry vegetation and/or mulching,c~ d~ f'lPPfZ.OP(l'~~ N~DS P!!iCRIJC> &~ T*i" SThuMfp, ~o ~'P~'F/(:1Yf1o" ~ . Sedi~ent basins (debris basin. desilting aS1ns. or silt traps) shall be installed and maintained to remove sedi~ent from run-off waters from land undergoing development. 10. Provisions shall be made to effectively acco~odate the increased run-off caused by changed soil and surface conditions during and after develop~ent. 11. The pe~anent final vegetation and structures shall be in~:alled as soon as practical in the develop~ent. c. DE!.'E:LO?:'~::7 ~T.:\:;D,;P..DS All develcp~enc, plus specifications and timing scr.edules. including extensions of previously approved plans, shall include provisions for erosion and sedi~ent control in accordance with standards and specifications established by the To,m of Wa~pinger. 1. Tec~nical standards for the desisn and installation of erosion and sedi~ent control measures are available from the office of the Zoning Administrator, at an appropriate fee. D. Hi\ I ~:TE=~AL:CE Applicants carrying out soil erosion and sediment'control measures under this article shall adequately maintain all . permanent er~sion control measures, devices and plantings in effecti~e working condition until a final certificate of occupancy is granted. .' . . :I'.!M~~' .~. - . . .... I...~. ',j;; 4.,. -..aJ :.. (':"~I~"- .... ..JIt! '~'lI~,_",,,, _ :":"t ./t!~b _. "--::!l .--.....-.---------- , .:-....:;;~'i:;::...'.~.,~:~:~~.;'..... ~~ ~.~ ....;;,j...,.. ,., f'," ~~,!,'.f r~~. 'r . '.'. ..'_ .~~.~ '," ;'.J; 10 ,.'..~.~~~it','..fl.;..TIf'W<'J...........~~.:.~~~' "!r-ly. ," ,.~..., .,. ~ , ., .,.' '.' .>.,.:-.,,'-~~;.. '. "--.", , "'.~ -.-.. ~.' ,.,: ,., -', .:....,..,.,.. ...--.--- ----- -.. _. .,rt ."", ..,.,....--......." ...., , :. . . ,. " L , I l '- ARTICLE V INSPECTION AND ENFORCEMENT A. INSPECTION The requirements of this article shall be enforced by the cR Zoning Administrator who shall inspect "Arequire adequate inspection of the work. If the Zoning Administrator finds any existing conditions not as stated in any application, grading permit, or approved plan, said Zoning Administrator may refuse to approve further work and issue a cease and desist order. For purposes of inspectina for compliance oil- (tJ&P/Z."5AJJTAr,,,~ with this ordin~nce, the Zonina Administr~torA3nall be 1\ guaranteed access to theapclic~nt's site and a valid oe~- mi~ shall be aval~able upon reauest, at the site. B. VIOLi\T!()~S Whenever, by the provisions of this Ordinance, the perfor- mance of any act is required, or the performance of any act is prohibited, a failure to comply with such provisions shall constitute a violation of this Ordinance. C. CORF.EC7IO~1 All violations shall be corrected within thirty (30) days following date of issuance of written notice to correct. D. PENALTIES Any person, firm or corporation who violates, neglects, om~ts, or refuses to comply with any provision of this .. Ordinance, or any permit or exception granted hereunder, or any lawful requirement of the Zoning Administrator, '. . i I i ...__-, i i ! . I 1 . . . ._,,' ...1 .. I... .;',.. 1(..,1 . ....:. ...l....~~ J'''' ... . .." -------..~~.~~: .'~ ~~.~~~...~'f-:;~~~ _f::\:.-.~~~ . . . .... .:r....jt'... ~,...:t,\,..-t l:'.... ..~:r ! ..... . . .' .. .....-- ;~, ,', '-.)~,ji;..; :'.:~j~lll/' ....::..~.. '. Aft '. .... .Tr . . - t '."f't~-lh. ~..,......""............~.(. .:. .. ',' "_~. ..J' """.~,.,'~ oj..:. ;'~~;f .~.\it, ::J,t~.~w,."..~'f...!l.~~~+:'" r".J.;.,,~ r:~ oq.'w' ..... ".." ...:,.. . .. _\ . t. . ....-:._~,..-. -11- . ., ~ . ,- L ;' I " i' l .~. " . . . . , ... shall be fined on conviction not less than two hundred and fifty ($250) dollars nor more than five hundred ($500) dollars together with the cost of prosecution. To promote compliance with the provisions of the Ordinance, each day that a violation maintain, following notification, shall be deemed a separate offense. The imposition of any fine shall not exempt the offender from further compliance with the provisions of the Ordinance. E. FEES A fee schedule for permits and inspections based upon rele- vant criteria, shall be established by the Town Board of the Town of Wappinger. ARTICI.E VI SE~JERANCE PROVISIONS All parts of this Ordinance shall be deemed severable. Should any sec~ion, par~g=aph, or provision be declared invalid or unconstitutional by the courts, such holdings shall not affect the validity of the Ordinance as a whole or any part t~e=eof, other than the part so declared. The Town Board hereby declares that it would have enac~ed this Ordinance and eac~ part thereof irrespective of the fact that anyone or more parts, section, subsection, phrase, sentence or clauses oe declared invalid. This ordinance shall take effect immediately upon adop- tion by the Town Board of the Town of Wappinger,- and shall ,. be applicable to all pending applications, subdivisions, and site plans. - -~- :~ .-:;{.;~;~J.. -'---~~--.-:-"~-~.:..- ~;:'.~ .... -'-~"j.~." ~i;'-~:~ ' , ' " ,,-.' '" -,' -.' ..M'.... '.', ,,'..I: "'><:Ii ',,: Jl .....7-7"'-~.~...;...:.; ~ \.'~ , . ',';tJJ1-l1f;z.:~t~!.f.);~';.~:;t....,..., .~;.' ' . ~ '. d ~iIt,~: -.--- - --- ..----------..-..- ._;.'~~ .., . ,.....:....... = - .......,~~. - - ,2- - 1 " L' '" I I {L :L ,~ I ., 1 q' I, ; I. . ., .. ,4 .. ", 1 I 1 1 I J j i l , I 'I t , l~ t ,I I ~ . ',;,:c. PERMIT FEE SCHEDULE FOR SOIL EROSION AND SED::MENT CONTROL :"'I:~':"'::; .. .... ..:.... =~4." /:."" ..._ ,..... __ 0' ~_. .~.~:--~.:..'~:,,~'~";: .....:;; ~~::. :r.. For projects of 3 acres or less For projects exceeding 3 acres - 50 acres For projects exceeding 50 acres - $ 45.00 .- 115.00 250.00 .. <;..:: :.:...."~,~.,, -.... - . ..,....... -. .~ - -... . - ...- - I ~. .. . 'r"", .. '. .... .....- -' -. .-...... ... ~.. -... '" -. - -. . - .. - .......... -' ~::'. !.~- . ,... " l.!::t:~,::c..~;" -::.-::- .. '\ '-, .... J. -...,. ,... -- -.- .' - .... INSPECTION FEE SCHEDULE FOR SOIL EROSION AND SEDIMENT CONTROL 5r.:'" ,'.For projects of J.acres air less ~',__ For projects exceeding 3 acres. the following formula will be used: 20 (slope) x 5 (total area in acres) or 20M x 5A - $100.00 Slope is defined as the slope from the highest to lowest point within the project area. Cost of Standards & Specs for Erosion and Sediment Control will be S10.00 each. ,i. . , A Public Hearing was held by the Town Board of the Town of Wappinger on January 21, 1985 at the Town Hall, Mill Street, Wappingers Falls, New l York concerning the passage of a Resolution on behalf of the Fire Prevention Bureau of the Town of Wappinger to Set Fee Schedules. Supervisor Versace opened the Hearing at 7:56 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 duly signed and notorized. (These Affidavits are attached hereto and made a part thereof of these Minutes of this Hearing.) Mr. Vessace mentioned that we do have a law for Fire Inspection Fees and this Hearing is to amend a portion of the fee schedule which was not \ , previously covered. That portion ts the fees for large businesses over 25,001 square feet. The Supervisor asked for comments for or against the proposed Amendment. There were no comments from the Public. Mr. Versace moved to close the ~ublic Hearing seconded by Mrs. Paino and unanimously carried. The Hearing closed at 7:59 P,M, ~~~~~ Elaine H. Snowden Town Clerk I'~~ f u/ w'...'......'. 'U ~i TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK AFFIDAVIT OF IN THE MATTER OF POSTING AN AMENDED FEE SCHEDULE FOR THE TOWN OF WAPPINGER FIRE PREVENTIO~ BUREAU STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. ~at on January 8, 1985, your deponent posted a copy of the attached notice of Public Hearing on an Amended Fee Schedule for the Town of Wappinger Fire Prevention ,Bureau 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. ~ ~tlt~ \ \. ~~~1.'~ Elaine H.' Snowden Town Clerk Town of Wappinger this .1,/~ , 1985. " l '1 cmDDG..i [Do n)', ~ . ~'"\'7 \;;.r \.1 . NEVJS CLASSIFlED ADVERT1Sl.\'G DISPLAY ADVL'RTlSI.\'G -,-. ,-~ ! ~j ~ 914 297-3723 84 EAST AlAIN STREET-WAPPlNGERS FALLS , I AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN. that a Public Heartng will be held by the Town ot Wapponger Town Board on the 21st day ot January, t985 at 7:45 p.m. at tne Town Hall loCated on Mill Street, Wapp- Ingers Falls, County 01 Dutchess and State 01 New York, cdncernlng the passage ola resolution on benalt ot tha Fire Prevenllon Bureau 01 the Town 01 Wapptnger to aet tee schedulea as lollows: BE IT ENACTED AS FOLLOWS: 1. Tne lee lor an Inspection ola amsll business 'anytnlng under 2,500 aQuare teet 01 space, shall be the sum ot $20,00. . 2. Tha fee lor an Inspection of a large :luslness (anytnlng over 2,501 SQusra I...t of spaca. ahall be tha sum of $50,00, 3. The f... tor Inspection of multiple residences shall be tne sum of $50.00, 4, The f... for Inspection of mobile .homa parlts containing mora than tan units shall be $50.00. , 5. Tha lee lor Inspection of moblla '. homa parks containing tan units or lass shall be the sum of $20,00. 6, In tha event on. ralnapectlon Is to be mada thar.attar. tnara ahall be no cnsrga tor sucn r.inspactlon, 7. In (he ".,,"t a lecond ralnapactlon la necessary. tha tlra 'na"actor ts ~ suthorlzed to lssua II r.ltallon to tha ' owner and/or operator for Court Pro- ceedlnga PLEASE TAKE FURTHER NOTICE;, thai tnis proposal la (0 amend tna taa acnedule passed by tne Town Board on December 3, 1964, PLE;ASE TAKE; FURTHE;R NOTICE; tnat all Interested persons will be heard attne eDOve stated lima end place. Dated: January 8, 1985 BYORDE;ROF THE; TOWN BOARD Elaine H, Snowden TOWN CLERK . . . . . . . . g~.~~~.~ . ?~.~I!1~.t:~. . . . . . . . . . . . of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the . J3.q9~J<.~~P.~+. . . . . . . . . of the W. & S.D. NEWS, a newspaper primed and publi!.hed every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for. ?!':E7. . . . . weeks successively .~r:<;:~. . . in each week, commencing on the .9. tl1. . day of. . J.C\n . . 19.aS . and on the {allowing dare5 thereafter, namely on ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ r. . . . . . .. . . January and endmg on the. 9 th . . . . . . . da} of. . . . . . . . . . . . 19.8.~. both days inc\uSi/,:.e - [C' or (j"r J . . . .<I~d~. . . .~V:~~:/~. . . . Subscribed and sworn to before me this. .~?!1?:.... day of. .;r~.r:':1?-.r:Y. 19. ?? ....... ~ - '- .. .~.... .................. .-.....-..-... Notary Publil: My commission expires. . . . ALM:Rt 'M: Mtt~' . . . . . . NOTARY PlI8LlC. STATE OF NEW YOR!'. QU;\l1flEiJ '" GilTr:li[S~ C(,\!~.1' ~ 14.8240760 l? COMMISIiIO~ EXPIRe:; 1.:'\il~H 30. 15..:1.,' ~