1985-01-07 RGM
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AGENDA
TCWN BOARD
TCWN OF WAPPINGER
BIMONTHLY MEETING
JANUARY 7, 19a5
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPI' MINUTES
4. REPORTS OF OFFICERS:
Receiver of Taxes Sup/Compt. thru 11/30/84
5. PETITIONS & COMMUNICATIONS
a. NYS Commission on cableTelevision ORDER prescribing rates
(Approval of Rate Increase)
b. NYS Division of Equalization & Assessment reI Valuation
update and possible proposal from Finnegan & Associates
c. Thos. P. Salese, Attny, reI Cedar Estates ~'rformance Bond
d. Otto Klassen, Pine Hollow Dev. Corp. Performance and Maintenanc
Bond for Schuele Rd.
e. B/D Contracting re: request for payment due on Bid and payment
of additional work directed 'done by TjEngineer on Robinson Lane
Handicap Facility
f. E. Hawksley - recommendation of addition~member for Cons. Adv.
Council
g. E. Hawksley - recommendation for preservation of Green Fly Swamp
h. Town of Lloyd re: cablevision service
i. Vacancy on Zoning Bd. of Appeals - Geo. Urciouli
(& Corr. from Zoning Bd. recommending his
6. COMMITTEE REPORTS
7. RESOLUTIONS
8.
a. Introduce Fee schedule for Fire Prevention Bureau (and set date
for ~blic Hearing)
b. Resolution authorizing H. Supt. to remove metals from the
Castle Point Landfill site.
c. Soil ErosaQn & Sediment Control Ordinance
d. ~pprove return of retainage to Wilson ~xcavators (CWWIA Contract
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UNF IN ISHED BUS INESS off? ~C( ~ ..., V\. t~~-.c lJo'h. bQf'~J"- (:i S' .... { p
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a. Engineers report on Briar Lane Drainage problems '?NO I..
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9.
NEW BUS INESS
10.
ADJOURNMENT
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The Regular Bimonthly Meeting of the Town Board of the Town
of Wappinger was held on January 7th, 1985 at the Town Hall,
Mill Street, Wappingers Falls, Dutchess County, New York.
Supervisor Versace opened the Meeting at 8:15 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Gerard McCluskey, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
The Meeting started with the Pledge of Allegiance to the Flag.
The Minutes of the Regular Bimonthly Meeting of December 17th,
1984, having previously been sent to all Board Members, were now
placed before the Board for their consideration.
MRS. PAINO moved that the Minutes of December 17th, 1984, be and
they are hereby approved as submitted by the Town Clerk.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Reports were received from the Receiver of Taxes for December
and the Supervisor/Comptroller Report thru November 30, 1984.
MRS. PAINO moved to accept these Reports and place them on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The Town received an Order from the New York State Commission
on Cablevision approving the rate increase for Town residents
from &7.95 to $9.45 per month for basic service.
MR. INCORONATO moved to receive the Order from the New York State
Commission on Cablevision, place it on file and forward a copy
to the Town Cable Committee.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mr. Kessler referred to a communication dated January 2, 1985
from the New York State Commission on Cable Television advising
us of a new law, effective December 29, 1984, relating to
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our cable franchise, particularly in the area of rates and
franchise renewals. The law indicates that present rates will
remain in effect during a two year transition period (on or about
December 29, 1986) and also states that the operator, at its
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discretion, can increase the Basic rate 5% per year in the two
year transition period, without municipal approval, if a franchise
does not specify a fixed rate or rates for basic cable service
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during that period of time.
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The Attorney was requested to review the franchise to determine
if the rates just approved will remain in effect for the two
year transition period, or will an additional 5% increase be
allowed.
A letter was received from the New York State Division of
Equalization and Assessment regarding the valuation update
planned throughout Dutchess County and requesting information on
the Town's intent to accept a proposal from Finnegan & Associates
for this project.
If it was the intent of the Town to accept
the proposal submitted by this firm, they asked that a resolution
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of this acceptance be forwarded to them by January II, 1985.
Mr. Versace noted that a work shop session has been set for
January 17, 1985 to discuss the proposal with Finnegan &
Associates.
Mr. Kessler reported that he had attended a'meeting on December
19th, 1984 with several Town Attorneys and Finnegan & Associates
to discuss their proposal. There were several modifications to
be made to the contract and the firm was requested to make the
changes and resubmit the contract to them. The proposed contract
will cost the Town approximately $147,440 which averages about
$20.00 for each parcel. The original contract provides that the ~
Town guarantee arspecific number of parcels and if this amount
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is exceeded by 3% they would charge $20.00 for each additional
parcel: after negotiating this matter, the firm agreed that there
would be a reduction of $20.00 for each parcel under 3% of the
guaranteed amount. They were also informed that the staff
appraisals, with respect to residential parcels would appraise
the parcels on a cost approach and a market approach: with respect
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to commercial properties, they would use three approaches--
market, income and cost. Further discussion of the revised
contract would be held at the work shop session.
MR. VERSACE moved to table the correspondence from the New
York State Division of Equalization and Assessernant to
January 21, 1985.
Seconded by Mrs. Paino
Motion Unanimously Carried
MRS. PAINO moved that a letter be directed to Russell Harris,
Regional Director of the New York State Division of Equalization
and Assessment, notifying him that the Town Board will meet
at a work shop session on January 17th, 1985 to discuss the
proposal with Finnegan & Associates.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter was received from Thomas Salese, Attorney for Peter
and Georgette Luckel, relating to a Certificate of Deposit
assigned to the Town in the amount of $30,000.00, in lieu of
a Performance Bond for completion of-the roads in the Luvluk
Subdivision.
The Attorney stated that he had no information on this matter
MR. VERSACE moved to table this correspondence to the meeting
of January 21, 1985.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A Performance and Maintenance Bond was forwarded to_the Town
by Otto Klassen for Schuele Road in the Pine Hollow Subdivision.
MR. VERSACE moved to notify Mr. Klassen that it is Town Policy
to accept Letters of Credit in lieu of Performance Bonds.
Seconded by Mrs. Paino
Motion Unanimously Carried
It was brought to the attention of the Town Board that building
permits have been issued for this subdivision.
MR. VERSACE moved to notify the Building Inspector to hold up
all building permits for Pine Hollow Subdivision until the proper
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documents have been received.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A request was received from BID Contracting for final payment
due on the contract for the Robinson Lane Handicap Facilities
plus additional monies for extra work directed by Morris &
Andros in the amount of $1,140.92.
Mr. Versace preferred to defer action on this matter since no
official notification has been received from BID Contracting
that the work has been completed, nor have they provided us with
the documents required by the County relating to our application
for Consortium Funds for this project.
MR. VERSACE moved to table this matter to the meeting of January
21st, 1985.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A recommendation was received from the Conservation Advisory
Council to appoint Roger Mann as a member of this Council.
The following resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
RESOLVED, that Roger Mann be and he is hereby appointed
to the remaining unappointed seat as a member of the Conservation
Advisory Council of the Town of Wappinger, and it is further
RESOLVED, that the aforesaid person is hereby appointed
to the said Conservation Advisory Council for a term which shall
expire July 1, 1985.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
A letter was received from Edward Hawksley requesting approval
for the Conservation Advisory Council to proceed with a proposal
to protect the Green Fly Wetland. Earlier this year, The Council
had received authorization to conduct a preliminary study to
determine if such a program could be implemented.
The recommendations coming out of this study are:
1. Greenfly Wetland should be preserved as ara natural wetland
and a much needed open space.
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2.
The Town of Wappinger or a town agency, such as the
Conservation Advisory Council, should begin to acquire
lands within the wetland, either by land trust agreement,
conservation easement rights in lieu of taxes, or by
direct donations from landowners.
3.
Efforts should be made to maximize the educational benefits.
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4. A citizen committee should be formed which would assist
the town in formulating a development and management plan
for the wetland.
Late correspondence had also been received from Mr. Crane,
~ identifying himself as one of the owners of lands in this
wetland area and requesting that the Town address this matter
with him.
There was further discussion as to what direction the Town
Board should take on the Conservation Advisory Council's proposal.
Mr. Hawksley persisted that the C.A.C. should be designated as
the agency to negotiate with the owners to acquire the lands
within the wetland so the program could be implemented.
MRS. PAINO moved that the Conservation Advisory Council contact
Mr. Crane to discuss with him their recommendations and proposals
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for future acquisition and preservation of the Greenfly Wetland.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The Town of Lloyd forwarded a letter to the Town inquiring if
we would be interested in joining with them and other municipali-
ties in a cable franchising effort to achieve better cablevision
if we do not already have cable service.
Since the Town has had a franchise agreement with U. S. Cablevision
Corporation for many years, it was suggested, as a goodwill gesture,
that we inform them of this fact and send a copy of this agreement
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to them as a guide.
This prompted a suggestion from Mr. McCluskey that we unite with
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other towns in an attempt to deal with the problems we are having
with our cablevision corporations.
MR. MCCLUSKEY moved to contact the neighboring towns to see if
they are interested in forming a Cable Committee to unite in
arbitration on questionable policies included in the various
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cablevision franchises.
Seconded by Mr. Versace
Motion Unanimously Carried
MRS. PAINO moved to send a letter to Councilman Anthony Prizzia
of the Town of Lloyd informing him that we do have a Cable Franchise
Agreement with U. S. Cablevision Corporation and forward a copy
of the Franchise to him for his review.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A recommendation was received from the Zoning Board of Appe~la
for the reappointment of George Urciouli as a member of that
Board for another term.
MR. VERSACE moved to table action on this matter to the January
21st, 1985 meeting.
Seconded by Mr. Incoronato
Roll Call Vote:
Councilwoman Ballard
Councilman Incoronato
Councilman McCluskey
Councilwoman Paino
Supervisor Versace
Aye
Aye
Nay
Nay
Aye
Motion Carried
Both Mrs. Paino and Mr. McCluskey clarified their "Nay" vote
stating that they usually voted on the recommendation of the
respective Boards or Councils when there was a vacancy and
secondly, there was no other name in front of them for this
appointment.
MR. MCCLUSKEY moved to appoint George Urciouli as a member of
the Zoning Board of Appeals.
Seconded by Mrs. Paino
Roll Call Vote:
Councilwoman Ballard
Councilman Incoronato
Councilman McCluskey
Councilwoman Paino
Supervisor Versace
Nay
Nay
Aye
Aye
Nay
Motion Defeated
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Committee Reports---
Mrs. Ballard, Recreation---In response to Mr. McCluskey.s question
on the status of the Montfort Road Barn at the last meeting, she
had discussed this with Mr. Presti, member of Recreation Commission
handling this project.
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MRS. BALLARD moved to send a letter to the Recreation Commission
notifying them that if they are planning any capital improvements
on this building they will be required to rebid the project, and
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further moved to request that a specific plan outlining the activ-
ities planned for future use of the barn, be forwarded to the
Town Board.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mrs. Ballard, Town Hall Project---Information from Hayward &
pakan had been forwarded to Board Members at the end of last
year (1984); a representative from the firm will be present at
the January 17th, 1985 work shop to answer any questions the
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Board may have on this material.
If there is any other informa-
lJ tion the Board may want, Mrs. Ballard will contact the firm so
it is available at that discussion.
Mrs. Paino, Dumping at Airport---At the last meeting Mr. McCluskey
suggested laying railroad ties to discourage dumping in the vicinity
of Jackson Road and New Hackensack Road. During a discussion with
Mr. Whited, Commissioner of Aviation, Mrs. Paino had conveyed this
suggestion and was informed by him that these were not available
to him; on the other hand, the snow fence was available and that
was the reason he chose to use it for a barrier.
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At the Public Hearing on the Fee Schedule for the Fire Prevention
Bureau held December 3rd, 1984, it was brought to the attention
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of the Town Board that no allowance was made for an inspection
fee for large businesses. The Town Board adopted this Fee
Schedule on December 3rd, 1984, as presented, and agreed to
consider the amendment at a future date.
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The following Amendment to the Fee Schedule for the Fire
Prevention Bureau was introduced by COUNCILMAN INCORONATO:
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.
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.
MR. INCORONATO moved to set a Public Hearing on the Amendment
to the Fee Schedule for the Fire Prevention Bureau OD January
21st, 1985 at 7:45 P.M. at the Town Hall, Mill Street, Wappingers
Falls, New York, to hear all interested persons.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The following resolution was offered by COUNCILWOMAN PAINO
who moved its adoption:
RESOLVED, that the Highway Superintendent be and is hereby
authorized to attend to the removal of the metals from Castle
Point Landfill site at the towns expense and sale of said metals.
Seconded by: Councilman McCluskey
'Roll Call Vote: 5 Ayes 0 Nays
Note: Due to Vandalism to their equipment, Charles Effron &
Son have removed the machine from Castle Point site.
The Amendments to the Soil Erosion and Sediment Control Ordinance
were placed before the Board for their consideration.
MR. VERSACE moved to table action on these Amendments to the
January 21st, 1985 meeting since the Town Board did not have
the opportunity to review them~
Seconded by Mr. Incoronato
Motion Unanimously Carried
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The following resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
RESOLVED, the sum of $5,252.01 be and is hereby approved
for payment to Wilson Excavators, such sum being the return of
5% retainage held one year as of December 1, 1984 for the
Central Wappinger Water Improvement Contract Extension #3.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
RESOLVED, that Catherine Bartolotti be and she is hereby
designated as a Floater to the Town of Wappinger, at a salary
of $10,100.00 (Ten Thousand, One Hundred Dollars) per year.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
Note: Mrs. Bartolotti will commence this position as soon
as an Assessors Aide is available to fill that slot.
Due to an oversight, the following resolutions on encumbered
bills for the Recreation Commission and the transfer required
to cover payment, were not included in the Year End Meeting.
The following resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
RESOLVED, the following amounts be and are hereby encumbered
for 1984 expenditures to be paid in 1985.
A-7ll0.2
(Bleachers)
(Benches)
(Backstop)
$1,420.00
800.00
1,347.15
Miracle Recreation
Miracle Recreation
Miracle Recreation
A-7ll0.4
(Clay)
1,755.00
200.00
50.00
Wappinger Sand & Gravel
Agway Petroleum
B & K Auto
A-7l40.l
Jim Hughes
Laura Combes
96.00
72.00
B-73l0.4
(Candy Canes)
(Santa Suit)
36.00
45.00
100.00
Irving Ness
Rent-All Center
Urey Hardware
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by SUPERVISOR VERSACE
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who moved its adoption:
RESOLVED, the sum of $181.00 be and is hereby transferred
to B-73l0.4, Youth Programs, Contractual from B-73l0.2, Youth
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Programs, Equipment to cover encumbered bills.
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
Unfinished Business---
The Engineer's Report regarding a drainage problem on Briar
Lane (Klein/Alexander subdivision, All Angels Hill Road)
was tabled at the last meeting to give the Board Members an
opportunity to review correspondence received from Mr. Klein.
Mrs. Ballard explained that Mr. Klein indicated in his letter
that he was willing to correct the problem, but in order to
start the project, it would be necessary to enter property
owned by Mr. and Mrs. Pan, and he has not been successful in
obtaining their permission.
MR. INCORONATO moved to send a copy of Mr. Klein's letter to
Mr. and Mrs. Pan to assist them in their further consideration
of signing th~ required release.
Seconded by Mr. Versace
Motion Unanimously Carried
New Business---
Mrs. Ballard referred to a request from Judge Wolfson for an
increase in Gloria Morse's salary due to the additional hours
she has been required to work in her position as Secretary to
the Town Justices.
MRS. BALLARD moved to increase the salary of Gloria Morse,
Secretary to the Town Justices, from $12,675 to $13,675.
Seconded by Mr. Incoronato
Motion Unanimously Carried
There was no other business to come before the Board.
MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mrs.
Ballard and unanimously carried.
The Meeting adjourned at 9:20 P.M.
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Elaine H. Snowden
Town Clerk
Reg. Mtg. 1/7/85
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