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2009-07-08 SPMTown of Wappi nger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Wednesday, July 8, 2009 7:00 PM Town Hall 7:00 PM Meeting called to order on July 8, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Public Comments IV. Discussions A. Comprehensive Plan - Stolman V. Resolutions 2009-223. Resolution Awarding Bid for Replacement of Town Hall's Air Conditioning Unit VI. Special Consideration VII. New Business VIII. Adjournment Town of Wappinger Page I Printed 7/7/2009 Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Special Meeting townofwappinger.us Minutes ~ Chris Masterson William Beale 845-297-5771 Wednesday, July 8, 2009 7:00 PM Town Hall I. Call to Order Supervisor Christopher Colsey called the meeting to order at 7:00 PM. Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Late 7:05 PM Maureen McCarthy Town of Wappinger Councilwoman Absent Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present David Stolman Town of Wappinger Town Planner Present II. Pledge of Allegiance III. Public Comments Motion To: open the floor for public comments RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Public Comments Supervisor Colsey explained what was on the Agenda and asked if there were any comments from the public. The first resident to speak was Greg Hanson. He asked if residents would be able to comment after the Chelsea discussion. Supervisor Colsey replied that that item was not on the Agenda. He asked if the resident had comments. Mr. Hanson asked if the cut-off date for Master Plan comments was July 2nd. Supervisor Colsey confirmed that it was July 3rd. Mr. Hanson asked if the Board has received any comments after that date that they are actively considering. The resident cited a specific memo and claimed that the memo was received on July 6th. He then asked if the comments would be entertained. Town Attorney, Al Roberts, discussed a specific application to rezone. Supervisor Colsey asked if this application to rezone is what the resident was referring to. The resident confirmed. Supervisor Colsey noted that there are no applications to rezone on the Agenda. Town Planner, David Stolman, noted that he received his copy of the letter that the resident is talking about on July 2nd. Discussion followed. Mr. Hanson asked for assurance that the residents would be able to speak after the topic was discussed. There was no objection from the Board. Jim Bosch was next to speak. He asked what the reasons for the Special Meetings are. Supervisor Colsey explained the reason for the Meeting. Discussion followed. June Weyant was next to speak. She noted that she was under the impression that she would be notified of the Special Meeting via the Southern Dutchess News. Supervisor Colsey replied that he would defer to the Town Clerk because he is the one responsible for sending out notices. Ms. Weyant claimed that there was no notice in the Southern Dutchess News. Supervisor Colsey also noted that the Notice was on the Town website. Ms. Weyent went on to discuss the petition that she submitted to the Town pertaining to the plan for Chelsea in the Comprehensive Plan. She went on to note that almost 90 letters were submitted in addition to the signatures from people that are against everything in the Comprehensive Plan. Peter Enrico spoke next echoing the comments about notice for the Meeting made by June Weyant. Donald Mead was next to speak. He also commented on the notice to the public, stating that there needs to be more notice. Supervisor Colsey replied that the Town posts notices on Channel 22 on Cablevision and the Town website, and stated that the notices are put in the official newspapers of the Town as well. The Supervisor added that, if the resident has other ideas of how to get notice out, which he would like to know about it. Town of Wappinger Page 1 Printed 7/13/2009 Special Meeting Minutes July 8, 2009 Councilman Bettina asked the Deputy Town Clerk, Christine Fulton, if the notice for the Meeting was sent to the newspapers. Ms. Fulton replied that it was faxed to both papers. Al Roberts, Town Attorney, explained that the Town's obligation pertaining to Special Meetings is only to notify the newspapers. There is no legal obligation to have the notice published. He went on to explain that, as a matter of law, the only official newspaper is the Southern Dutchess News. Since the Poughkeepsie Journal has a greater circulation, the Town Board has opted to utilize both papers. Motion To: close the public comments RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: IV. Discussions Colsey, Beale, Bettina, McCarthy, Paoloni A. Comprehensive Plan - Stolman David Stolman, Town Planner, began his discussion with comments, in letters and discussions, which have come in pertaining to the Comprehensive Plan. He then discussed the pending changes in the hamlet of Chelsea. The residents of Chelsea, according to the petitions and complaints, do not want any changes to be made to the hamlet. Councilman Paoloni noted that no one on the Board supports the Chelsea Farms Plan so they can move on to the next topic. After some continued discussion, the Board went on to discuss the plan for the Cranberry property. Mr. Stolman noted that, unless the Board resolves the Cranberry issue, they can't really finish the Comprehensive Plan. To resolve it, they would need to come up with a zone. It is currently zoned R-20. The Board continued to discuss the appropriate zoning designation for the property. Councilman Beale recommended having a large map, with features such as terrain and water drainage shown, to look over. Mr. Stolman noted that such a map exists. Councilman Beale added that the Board could decide which zoning designations would be appropriate for specific sections of the property. Councilman Paoloni asked the Town Attorney to look into what would need to be done to redeploy the existing water and sewer capacity to the existing owners that have been paying all along. Supervisor Colsey agreed. Discussion about this idea followed. The next item on the list was the Canter property on Route 9. The applicant is proposing to donate or preserve a rear portion of the property in exchange for rezoning the Route 9 frontage. The issue is whether the whole property will be rezoned HB. Discussion followed. Mr. Stolman recommended leaving the back piece as residential and getting a conservation easement over it. The current owner will retain ownership and have to conserve it. That would be an acceptable response. The front 2 acres will be HB. The rear will remain "2 Family" and there would be a conservation easement on the rear. Mr. Roberts recommended the Board authorize him to, when the Comprehensive Plan is adopted, get an offer of the conservation easement in hand prior to the zoning being accomplished. The next property to discuss was the Alexander property. Mr. Stolman noted that the letter from Sandy Goldberg pertains to the same general area. He went on to discuss the area, including the Bartlett rezone. The Bartlett property is 7/10 of an acre that he would like to be zoned Hamlet Mixed/Non-Residential. Discussion followed. Mr. Stolman felt that a more appropriate action would be to go from General Business to Neighborhood Business in this case. The Board then discussed the objection of Ms. Goldberg and the Airport Advisory Committee. The Board agreed that Neighborhood Business is appropriate. Mr. Stolman then moved the discussion back to the Alexander property. The property is currently zoned General Business and the owner is seeking to have it left at that. The Board agreed to leave it alone. Mr. Stolman then discussed the property at 228 Myers Corners Road. This property is across the street from the DeGarmo Plaza. The Board had a letter and a drawing from the property owner. Mr. Stolman discussed the letter and drawing. The owner would like the entire property to be zoned Neighborhood Business or some other non-residential zone. Councilman Paoloni brought up the point of having a buffer area between that property and the houses on Sherwood Heights. Mr. Stolman believes that is why the property was originally zoned the way it is. Discussion about the property followed. Mr. Stolman recommended that the property be left at R-40. Councilman Beale agreed. The next item to discuss was the letter from the County. Mr. Stolman read portions of the memo. The introduction was read into the record: "Our department is supportive of the Plan's policies and overall direction. The Town should be commended for the many positive elements of the Draft Plan". Mr. Stolman went on listing the recommendations from the County. Town of Wappinger Page 2 Printed 7/13/2009 1 J Special Meeting Minutes July 8, 2009 The Board discussed the recommendations. The majority of the discussion was focused on "affordable housing", "senior housing" and "affordable senior housing". Mr. Stolman recommended that the Board review how these components are characterized in the current draft of the Plan so that they could have further discussion. He then continued discussing the letter from the County. Councilman Beale asked that the Board discuss when the Plan will be discussed again and what will be discussed. Supervisor Colsey noted that the discussion will be on the July 13th Agenda. Councilman Bettina listed items that would need to be covered. Mr. Stolman recapped what was just discussed. Discussion followed. Motion To: reopen the floor to public comment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Public Comments June Weyant was first.to speak. She asked what the process was from this point on and when they would be voting on the Plan. Supervisor Colsey recommended that the resident come to the next Town Board Meeting. Ms. Weyant asked how she could go about getting a historic designation for the Chelsea area. Councilman Bettina discussed the topic. He noted that the Town Planner, David Stolman, will look into it. Peter Antonelli was next to speak. He asked about the idea of incorporating hamlets and preserving the village atmosphere. Supervisor Colsey supports utilizing developers that come in to extend roads and sidewalks and improve infrastructure. He doesn't feel that government should be subsidizing it. Discussion followed. Mr. Antonelli then noted that he heard the Board discuss a United Wappinger Water District. Supervisor Colsey explained how the United Wappinger Water District came about and added that the Board will be discussing the possibility of a United Wappinger Sewer District. Al Roberts, Town Attorney, further explained how the legislation was passed. Mr. Antonelli noted that the Mayor of the Village was doing a great job at seeking out grants. He asked if the Town had a means to seek out grants as well. Supervisor Colsey answered that the Town utilized Morris Associates, the Engineers to the Town, for grants. The Town does not have a grant writer, but it is seeking grants and it uses a professional firm when an opportunity is identified. Next to speak was Harvey Weiss. He asked if there is anything that the Town will suggest as a long-term plan to further ensure the hamlet of Chelsea as a gateway to the Hudson River. Councilman Bettina commented on the resident's question. Supervisor Colsey added that the Board agrees that there needs to be a dedication to open space. He went on to describe different ways in which the Town has been working on preserving open space. Discussion followed. V. Resolutions RESOLUTION: 2009-223 Resolution Awarding Bid for Replacement of Town Hall's Air Conditioning Unit WHEREAS, the air conditioner condenser for the western portion of the Town Hall has R failed due to mechanical reasons and is approximately 25 years old; and WHEREAS, the existing air handling unit for the cooling system is not energy efficient, is beyond its expected useful life and federal regulations effective in January 2010 make it obsolete; and WHEREAS, Supervisor Colsey solicited bids for the installation of a 5 -ton Condenser and Air Handler for a cooling system that complies with 13 -SEER ("seasonal energy efficiency ratio") Efficiency Standards Conditioning System in accordance with Chapter 46: Procurement Policy of the Town Code; and WHEREAS, the following bids were received: Company Address Total Paul Nebrasky Monroe, New York $10,980.00 Comfort Mechanical, Inc. Walden, New York $10,150.00 Perfect Comfort, Inc. Salisbury Mills, New York $8,800.00 Town of Wappinger Page 3 Printed 7/13/2009 Special Meeting Minutes July 8, 2009 WHEREAS, the Town Board hereby determines that the lowest responsible bidder is Perfect Comfort, Inc., Salisbury Mills, New York, in the amount of $8,800.00; and WHEREAS, the Town Board hereby determines that the request for proposals for the replacement for the condenser and air handler duly complies with the Town of Wappinger Procurement Policy; and WHEREAS, the Town Board had not previously budgeted for the replacement of the above referenced cooling equipment; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby awards the bid for the replacement of the referenced cooling equipment to Perfect Comfort, Inc., Salisbury Mills, New York, in the amount of $8,800.00, in accordance with the proposal submitted, a copy of which is attached hereto. 3. The Town Board authorizes the Supervisor to execute any contracts or other necessary documents associated with the purchase and installation of the cooling equipment. 4. The Town Engineer, the Building Department and the Town's maintenance personnel are authorized to assist the Supervisor and the contractor with the installation of the equipment if necessary. 5. An appropriation of $8,800.00 shall be transferred from account A1620.400 (Central Hudson) to account A1620.450 (Miscellaneous) for purchase of the cooling equipment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2004-223 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ El ❑ Defeated Vincent Bettina Initiator 0 El El ❑ Tabled ❑ Maureen McCarthy Voter ❑ El 11 Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 08, 2009 The Resolution is hereby duly declared adopted. VI. New Business Councilman Beale New Business Councilman Beale thanked his colleagues for a productive Meeting. He hopes that they can get the Plan wrapped up and adopted in a timely manner. Councilman Bettina New Business Councilman Bettina noted that he cut his vacation short to be at the Meeting. He is not going to be cutting his vacation to come to any more Meetings. He went on to say that his family deserves to be with him as well. He pointed out that the Town has adopted a Summer Schedule that should be adhered to. Councilman Paoloni New Business Councilman Paoloni noted that the Board needs to get the Comprehensive Plan completed correctly. Councilman Paoloni asked if the Town could start issuing fines for the house at 18 Montfort Road. It is a burned -down house. Al Roberts, Town Attorney, described the process that needs to take place. Councilman Paoloni clarified that he is asking what pressure the Town could put on the property owner to get the situation remedied. Councilman Paoloni noted that there is a resident, Arthur Morales, that is being asked to remove a post that is a few inches on Town property. He went on to note that, at a previous Town Board Meeting, the Highway Superintendent, Graham Foster, was willing to relocate a stop sign because a resident had bushes on Town property. The point that Councilman Paoloni was making was that this resident's neighbor has six dogs. There seems to be selective enforcement. Councilman Beale noted that this is a Ward One issue and he has been dealing with it. Mr. Roberts explained that each case needs to be studied on whether it is a highway by dedication or a highway by use. Discussion followed. Town of Wappinger Page 4 Printed 7//3/2009 Special Meeting Minutes July 8, 2009 VII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy %W The meeting adjourned at 9:26 PM. OECI* ohn C. Masterson Town Clerk Town of Wappinger Page 5 Printed 7//3/2009