1984-09-04 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
SEPTEMBER 4, 1984
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes
4. REPORTS OF OFFICERS
5. PETITIONS & COMMUNICATIONS.
a. Judge Francese requests permission to attend mandated training
session
b. Memo from A. Crosby re: possible purchase of Telephone equipment
c. N.Y.S.DOT re: establishing 30 mph for Losee Rd.
d. Dutchess Co. Health Dept. re: approval for Sewer collection
systems for Kendall Farms Cons. Subd. and Cedar Creek Estates
e. Tax Reviews - 4 additional - Scenic Gardens - Brack Const. -
Imperial Plaza Partnership & Nussbickel Bros. realty company.
f. Memo from Supervisor to Mr. Marcoglese, NYSDEC re: extention
of date for Engns reports and evaluation.- re dial.actions for
5 Sewer Systems.
g. Memo from Bud Pottenburgh re: reappointment of Jas. Tompkins
to Fire Prevention Bureau
h. D. County Grants Coordinator re: funds for Aquifer development
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Res. to designate account funds are to be withdrawn from to
pay Architects for Town H411
b. Bids for Computor
8. UNFINISHED BUSINESS
a. Spring Hill Court - accept as Town Road
9. NEW BUSINESS
10. ADJOURNMENT
The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on September 4th, 1984 at the Town Hall,
Mill Street, Village of Wappingers Falls, Dutchess County,
New York.
Supervisor Versace opened the meeting at 8:00 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Gerard McCluskey, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Bernard Kessler, Attorney
Ronald Evangelista, Engineer
Kenneth Croshier, Highway
Superintendent
The public joined with the Town Officials
Allegiance to the Flag.
for the Pledge of
There were no Minutes or Reports to approve for this meeting.
A request was received from Judge Francese to attend a mandated
training session on October 7th through October 10th, 1984 at the
Nevele.
MR. MCCLUSKEY moved to grant permission to Judge Francese to
attend the training session at the Nevele from October 7th
through October 10th, 1984 and all legitimate expenses will be
a Town charge.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A Memo was received from the Comptroller regarding the possible
purchase of telephone equipment for the new Town Hall and suggesting
that the Town Board would like to view the actual equipment in
operation at -the viewing facilities of the three companies who
submitted proposals ----A T & T Information System, Executone
Telecom Systems and Telecommunications System.
Mrs. Ballard agreed with this suggestion and offered to contact
the three firms to set up a date and time for the Board to view
their operations.
MRS. BALLARD moved to contact the three telephone companies who
submitted proposals to the Town Board and set up a date and
for all Town Board Members to view their operations.
Seconded by Mrs. Paino
time
Motion Unanimously Carried
A Notice of Order was received from the New York State Department
of Transportation establishing a 30 MPH speed limit for Losee Road.
This request was made back in November 1982 by resolution of the
Town Board and forwarded to the County.
Mr. Versace requested the Highway Superintendent to put up the
proper signs, but it seemed that Mr. Croshier had already taken
care of that matter.
MR. VERSACE moved to receive this communication and place it on
file.
Seconded by Mrs. Paino
Motion Unanimously Carried
A letter was received from the Dutchess County Department of
Health giving approval for sewer
to Kendell Farms Subdivision
MR. VERSACE moved to receive
file.
Seconded by Mrs. Paino
connection (Oakwood Knolls STP)
and Cedar Creek Estates.
this communication and place it on
Fcur additional Tax Reviews were
Scenic Gardens Associates, Brack
Plaza Partnership and Nussbickel
MRS. PAINO moved to referr these
Motion Unanimously Carried
served on the Town Clerk:
Construction Corp., Imperial
Brothers Realty Company.
Tax Reviews to the Attorney
to the Town to defend on behalf of the Town of Wappinger.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A report from the Supervisor to Mr. Marcogleise of the New York
State Department of Environmental Conservation was forwarded to
the Board, regarding an extension date of the Engineer's report
evaluating our five sewer systems until November 1st, 1984.
The report included actions that have been taken and a schedule
of future actions to correct problems in these sewer treatment
plants to comply with Mr. Marcogleise's letter of
MR. VERSACE moved to place this letter on file.
Seconded by Mrs. Paino
June 4, 1984
Motion Unanimously Carried
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A Memo was received from Bud Pottenburgh, Chairman of the
Town Fire Prevention Bureau recommending the reappointment
of James Tompkins, Chelsea Fire District, to the Fire
Prevention Bureau for a two year term which will expire in
July of 1986.
MRS. PAINO moved to confirm the appointment of James Tompkins
to the Town of Wappinger Fire Prevention Bureau for a two year
term which shall expire in July of 1986.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Approval was received from Dutchess County for the 1983 and
1984 Consortium Funds, both projects for Aquifer Development;
Deborah Howe, Grants Coordinator indicated in her letter to
Mr. Versace that the Town is authorized to expend these funds.
MR. VERSACE moved to receive this communication and place it on
file.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. McCluskey was concerned that if the money was not utilized
for aquifer testing the Town could lose it.
Mrs. Ballard responded that she had talked with Ms. Howe who
had explained that this money could also be used to follow up
on the aquifer testing, for instance if the test revealed that
water was available they would follow through and drill wells
for the water ---this was the procedure the County expects the
Town to do.
Under Committee Reports, Mrs. Ballard, Health and Safety,
asked the Town. Board to consider a problem dealing with health
and safety of the community. At last Wednesday night's meeting
with the NYSDOT regarding the expansion of Route 9, other concerns
were discussed at the conclusion of the meeting. The first concern
was the lack of signals designating a left turn from Myers Corners
Road on to Route 9 south (traffic light at intersection of Route 9
and Myers Corners Road) and secondly, turning left from Middlebush
Road on to Route 9 north. She felt this presents a dangerous
sit uation since there is a great deal of traffic congestion at
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that intersection and it is a highly traveled one. This condition
will also become compounded when our new Town Hall is occupied on
Middlebush Road. Another concern was the messy look of the median
on Route 9 between the Perkins Pancake House and the intersection
of Myers Corners Road and Route 9. It was Mrs. Ballard's opinion
that being a state road it should be maintained and cleaned by the
state.
MRS. BALLARD moved to direct a letter to Mr. Mignogna, Regional
Traffic Engineer of NYSDOT, copies to Albert Dickson, Regional
Director of NYSDOT, James Larocca, Commissioner of NYSDOT and
James Spratt, Commissioner of Dutchess County Department of Public
Works, indicating the displeasure of the Town Board on these
items.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mrs. Ballard's second report was on the proposed Town Hall. Bids
have been prepared by the firm of Hayward and Pakan; they plan to
advertise them this week, bid opening at the end of September.
Bids will be returned to the Town Clerk; Hayward and Pakan will
be represented at the bid opening and the time will be set for the
convenience of the Town Board Members so they, too, can be present.
Groundbreaking for the building will hopefully be by the middle of
October, 1984.
There were no Committee Reports from Mrs. Paino, Mr. Incorneto
or Mr. McCluskey.
Before the agenda moved to Resolutions, Mrs. Ballard recognized
Mr. & Mrs. Jordy, Smith Crossing Road, who had previously brought
a drainage problem on their property to the attention of the Town
Board. They were present to listen to the report of the Engineer
and the Highway Superintendent, both of whom had investigated the
drainage problem.
Mr. Evangelista reported that he and Mr. Croshier had visited
the site and reviewed the problem from Spring Hill where the
water was generated from down to Smith Crossing Road and on to
the Jordy property. It will involve further investigation, but
from their first visit it appears there definitely is a problem
but it could be alleviated by increasing the size of the present
culvert or adding a second culvert either equal in size or larger
than the present one. It was their opinion that the Spring Hill
project contributed to this problem and Mr. Evangelista had
contacted the developer and set up a meeting tomorrow to discuss
the possibility of sharing the cost of the solution of Jordy's
problem. A further report including the cost estimate of this
project would be submitted to the Town Board at the next meeting.
MR. INCORONATO moved to suspend acceptance of Spring Hill Court
as a Town Road pending the solution of the Jordy drainage problem.
Seconded by Mrs. Paino
Motion Unanimously Carried
This subject was listed under Unfinished Business on the Agenda
but since it was relative to the present discussion the motion
was acted on.
On a. related matter, Mr. Hawksley requested a report from the
Engineer on the Drainage Study conducted by Cornell University
which had previously been referred to him for review.
MR. VERSACE moved to table the Jordy drainage problem to September
17th, 1984 for a further report from the Engineer.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Resolutions
The following resolution was offered by COUNCILWOMAN BALLARD
who moved its adoption:
RESOLVED, the sum of $32,737.29 be and is hereby approved
for expenditures relating to theproject of a new Town Hall, such
sum to cover 1983 and 1984 past and pending vouchers for payment
of services performed by Hayward & Pakan Associates, designated
architects for the project, and such expenditures were and are
to be paid from the Capital Fund, Town Hall and Buildings Account.
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
The second Bids for Computor were opened on August 30th, 1984
by the Town Clerk. (The first bids were rejected due to addi-
tional information received in computor field after they were
advertised).
Mrs. Paino reported that after review and analysis of the four
bids received from ASD Office Systems, Anudata, Computerland
and Twinax, she recommended that the bid be awarded to Computerland.
MRS. PAINO moved to award the contract for Computor Hardware
Package #2, except for 512K Memory Expansion (not needed at this
time). and Software, which would include Lotus Symphony, DOS 3.0
and Focus from Computorland, Nine Mall Plaza, Wappingers Falls, N.Y.
at a total cost of $12,263.00 (Hardware, $10,317.00, Software,
$1,946.00).
Seconded by Mrs. Ballard
Roll Call Vote: 4 Ayes Mr. Incoronato---Abstain
Mr. Incoronato explained that he was an employee of I.B.M. and
the bulk of the expenditure is for I.B.M. equipment.
The following resolution was offered by COUNCILWOMAN PAINO
who moved its adoption:
RESOLVED, that the sum of $18,500.00 be and is hereby
transferred from 1983 Surplus Funds to Account Comptroller,
Equipment A 1315.2. Such sum to be used towards the purchase
of computor hardware, software and related materials.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Paino explained that other hardware and software would be
needed in the near future and they felt it was less bookkeeping
to transfer the monies at one time.
The following Amendment to the Zoning Ordinance was introduced
by COUNCILMAN INCORONATO:
BE IT ENACTED AS FOLLOWS:
That Section 432 entitled, "Application for a Special
Permit" shall be amended to read as follows:
432. Application for a Special Permit
"Applicationfor required special permits shall be made to the
Zoning Board of Appeals. Each such application shall be examined
first and endorsed for completeness by the Zoning Administrator
and unless so endorsed shall not be entertained by said Board.
The Zoning Board of Appeals (ZBA) shall have original juris-
diction for granting special permits based on the suitability
of the proposed land use. The ZBA may impose whatever reason-
able land use conditions and provisions it deems necessary to
reflect the spirit and intent of the town development plan
and/or zoning ordinance.. Before ruling on the application, the
ZBA may request written comments or a brief advisory report from
the PlanningBoard for any concerns they may have regarding the
1
proposed site development plan. Where such requests are made,
the Planning Board shall respond to the ZBA within 45 days from
the date such referral is received by the Planning Board
secretary. All approved special use permits will be subject
to Section 450 of the town zoning ordinance for site development
plan approval. The Board of Appeals, after public hearing with
the same notice required by law for zoning amendments shall,
within ninety (90) days of the date of the Board meeting at
which such application was originally submitted file with the
Zoning Administrator a decision on said application. The
applicant may grant extensions of either of the above stipulated
review periods provided, however, that any extension of time
granted to the Planning Board shall equally extend the time to
act for the Zoning Board of Appeals. The Board of Appeals may
authorize the issuance of a permit, provided it finds that
all of the following conditions and standards stated, but not
limited to, have been met:" and
BE IT FURTHER ENACTED:
That Section 450.1 be amended to read as follows:
450.1 Approval Required
"No building permit shall be issued and no structure or use
shall be established, other than one (1) one -family dwelling,
except in conformity with an approved site development plan,
and no certificate of occupancy for such structure or use
shall be issued until all the requirements for such approval
and any conditions attached thereto have been met. The
continued validity of any certificate of occupancy shall be
subject to continued conformance with such approved plan and
conditions. Revisions of such plans shall be subject to the
same approval procedure." and
BE IT FURTHER ENACTED:
That a new section to be numbered 450.51 be added to
read as follows:
450.51
"Following
be made to
Application to Building Inspector
site devebpment plan approval, application shall
the Building Inspector for a building permit."
MR. INCORONATO moved to set a Public Hearing on the above
Ordinance Amending the Zoning Ordinance on October 1st, 1984
at 7:50 P.M. at the Town Hall, Mill Street, Wappingers
New York to hear all interested persons.
Seconded by Mrs. Ballard
Falls,
Motion Unanimously Carried
Mr. Versace announced that a thank you letter for work done
by the Highway Superintendent was received from Dr. Martin
Leopold on Plaza Road. The work involved a small road drainage
problem in that neighborhood and Dr. Leopold commented that
Mr. Croshier was always courteous and efficient. Mr. Versace
had just received the letter today and would forward it to the
Town Board tomorrow.. He mainly wanted to inform Mr. Croshier
that he didn't always receive complaints, this was a thank you
letter.
Bids on sludge removal was tabled from the previous meeting.
The Board checked with Camo Pollution Control and determined
that the firm of Lafko Pumping provided satisfactory service
in the past. The bids received were as follows:
Lafko Pumping $69.75/1000 gallons.
Lossee Septic $90.00/1000 gallons
Jones $87.50/1000 gallons
M & 0 $70.00/1000 gallons
MR. VERSACE moved to award the bid for Sludge Removal to Lafko
Pumping at $69.75/1000 gallons subject to the following amendments
(recommended by Mrs. Paino): that Mr. Lafko provide the Town with
a receipt from the site where he deposits the sludge and secondly,
that the bid price quoted is a firm price for the contract period.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mrs. Paino explained that Mr. Tremper of Camo Pollution Control
had informed her that even though the Town contracts for this
service, the Town is still responsible for the final destination
of the sludge; she was further informed that a previous contract
included a clause stating that if the fees are increased for
dumping the sludge, the contract fee would also increase.
Mr. Versace noted that a complaint was received from Mr. Cinelli
Myers Corners Road on a drainage problem behind his home. This
was referred to the Highway Superintendent for investigation.
At the last meeting Mrs. Estelle Zak questioned whether Herb
Red'l had received approval from the County on an access road
being constructed on New Hackensack Road. Preliminary indications
were that no approval had been given by the County. He asked what
the disposition of this matter was, had the Zoning Administrator
reviewed the matter.,
Mr. Versace noted that the County is not going to allow that
specific property to put traffic on New Hackensack Road. He
had researched another question posed by Mrs. Zak relating to
the rezoning of that parcel from residential to commercial and
determined when the Zoning Ordinance was adopted in 1980 (the
revised plan), that area was changed from residential to commercial.
The matter would be discussed when a report was received from the
Zoning Administrator probably by the next Town Board meeting.
There was no other business to come before the Board.
MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr.
Incoronato and unanimously carried.
The Meeting adjourned at 9:06 P.M.
Reg. Mtg. 9/4/84
Elaine H. Snowden
Town Clerk