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2000-06-12 RGMCONSTANCE O. SMITH SUPERVISOR TELEPHONE: (914) 297-2744 FAX: (914) 297.4558 June 5, 2000 MEMO TO: TOWN OF WAPPINGER Town Board Attorney to Town Engineer to Town Media SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NV 12590.0324 FROM: Constance 0. Smith RE: WORKSHOP MEETING MONDAY, JUNE 12, 2000 7:30 PM PUBLIC HEARING 7:15pm (Buses/Blackthorn Loop Local Law Amendment) Discussions: *Northeast Computer Support *Sgt. Corbett *Hamlet Court Petition *WCSD *Keenan Acres Subdivision Road *Reese *Thorn Acres Lighting *MacFarlane Road *Kent Road *Carroll Drive/Rowell Lane *Castle Point/Trailer Feasability *Roberts Mobile Park Executive Session personnel COS:dly Kevin Jeffreys Phil DiNonno Water Usage feeder road drainage complaint sidewalks drainage M. Saris & Assessor. NO OTHER BUSINESS SHALL COME BEFORE THE BOARD. 06/12/2000.WS The Workshop Meeting of the Town of Wappinger was held on June 12, 2000, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the meeting at 7:33 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the town Graham Foster, Highway Superintendent The first thing on the agenda is Kevin Jeffries of Northeast Computer Support to go over the Towns computer problems. Mr. Jeffries explained that at the current rate of consumption, the Hard Drive would be so full by mid July that it would not be able to store any more data. If we intervene now by adding another Hard Drive we would not have to worry about losing any data. Adding a new hard drive with 9 gigabits would cost $389 and last around eight years. A larger one would cost around $500. Discussion followed. COUNCILMAN RUGGIERO moved to authorize Mr. Jeffreys to install a larger size Hard Drive as discussed, at a cost of no more than $700. Seconded by Mr. Valdati Motion Unanimously Carried Sergeant Corbett, with an idea for the town to adopt its own speed regulations. Al Roberts, Attorney to the Town explained that the only towns that are permitted to adopt their own speed regulations are suburban towns with a population in excess of 50,000 people. Discussion followed. NO ACTION TAKEN. Next is Phil DiNonno to discuss the Petition from the residents of Hamlet Court requesting permission to erect above ground pools. There is a deed restriction and part of the resolution was prohibiting above ground pools on Hamlet Court. He understands that the board dealt with this at Fieldstone, and he wishes to have some consistency on how to deal with this issue. COUNCILMAN RUGGIERO explained that he sent an opinion letter from Al Roberts, Attorney to the Town to every resident in Fieldstone explaining there is nothing we can do. Mr. Roberts explained it requires the Planning Board to rescind its earlier resolution of approval. Mr. DiNonno also explained that in an informal discussion with the rest of the board members, they are not in favor of rescinding the resolution. It was the consensus of 11 06/12/2000.WS the board, if any more petitions are received on this matter, the same opinion letter would be sent to all the residents. NO ACTION TAKEN SUPERVISOR SMITH announced that the WSCD would not be able to attend tonight's meeting to discuss water usage. The meeting is rescheduled for June 28, at 7:00 p.m. Next for discussion is Keenan Acres Subdivision roads off Pye Lane. The developers have submitted a new plan for the roads. Highway Superintendent, Graham Foster stated that he still prefers the original plan, (the cul de sac) without the spur roads. Discussion followed. COUNCILMAN RUGGIERO moved to authorize the Town Board send a letter to the Planning Board recommending against this lateral extension road based on the recommendation of Engineer to the Town, Jay Paggi, and Graham Foster, Highway Superintendent. Seconded by Mr. Paoloni Motion Unanimously Carried Next is the Reese feeder road. The report prepared by Frederick P. Clark Associates, Town Planner, recommends against the bypass road. Their only recommendation is to improve the existing intersection. The Planning Board wishes some direction from the board. Discussion followed. COUNCILMAN RUGGIERO moved to send a recommendation to the Planning Board to abandon their plans to get easements for this bypass roads and the town board will recommend this be removed from the master plan. Seconded by Mr. Paoloni Motion Unanimously Carried Next is Thorn Acres Lighting. Supervisor Smith explained that Thorn Acres is in the district. She called Central Hudson as to the cost and they informed her it would be around $2,700 a year for the electric, to be borne by the residents. COUNCILMAN BETTINA moved to authorize Supervisor Smith send letters to the residents in the district informing them of a public information meeting pertaining to the lighting district expansion. Seconded by Mr. Valdati Motion Unanimously Carried Next on the agenda is the MacFarlane Road drainage. Jay Paggi, Engineer to the Town was authorized to inspect the existing drain pipe that drains across MacFarlane Road into the front yard of the Subrize residence. The drain pipe was installed many years ago. After making an inspection with Mr. Foster, it was agreed that the existing drain pipe could be removed and realign it down the easterly property line. The work would then be 2 06/12/2000.WS performed by the Highway Department. Mr. Paggi could prepare a sketch, and Mr. Roberts would need to obtain an easement. COUNCILMAN VALDATI moved to authorize Engineer to the Town, Jay Paggi to prepare the sketch in order for Mr. Foster to perform the work to move the line down to the eastern property line, and authorize Attorney to the Town, Al Roberts, to obtain the easement. Seconded by Mr. Bettina Motion Unanimously Carried Next on the agenda is the Kent Road improvements. Some time ago Mr. Paggi was instructed to look at the intersection of Kent Road and All Angels Hill Road to determine what regrading would be necessary to improve the safety of the road. He explained that we would need to obtain a right of way on the north side of Kent Road and a County permit. To do that would take him to the next level of detail and would require more precise engineering calculations. The cost would be between $50K and $75K for the construction work only. Discussion followed. COUNCILMAN VALDATI moved to authorize Engineer to the Town, Jay Paggi, Attorney to Town Al Roberts and Highway Superintendent to go to the next step toward completing the project on Kent Road. Seconded by Mr. Ruggiero Motion Unanimously Carried Next for discussion is the proposed footbridge on Lake Oniad/Kent Road. Graham Foster informed the board that the survey disclosed that the town does not have sufficient right of way to build the footbridge. The town may wish to pursue the property owners in order to get a pedestrian right of way for the footbridge. Discussion followed regarding sidewalks also. COUNCILMAN RUGGIERO moved to authorize Engineer to the Town, Jay Paggi to prepare a plan and a cost estimate to construct a sidewalk from Baldwin Drive to Lake Oniad as proposed in the memo of July 1, 1991. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Engineer to the Town, Jay Paggi to prepare a survey for the footbridge in conjunction with Graham Foster. Seconded by Mr. Paoloni Motion Unanimously Carried Next for discussion is the Carroll Drive/Rowell Lane drainage. At the last meeting Jay Paggi, Engineer to the Town was authorized to perform a field inspection of the above two streets. Mr. Paggi recommends two things. The 3 06/12/2000.WS curtain drain on Carroll Drive just south of the intersection be tied into the existing storm drain. He further recommends that a reconstruction project be done on Rowell Lane between Carroll and Davies, to consist of new curbs, re -grading the pavement to provide a proper crown, and installation of a curtain drain on the south side of Rowell Lane. This work would need to go out to bid. This would not include the final paving that would be performed by the highway department. The cost to perform the work is around $40K. COUNCILMAN RUGGIERO moved to authorize Jay Paggi, Engineer to the Town to proceed on the road improvement for Carroll Drive. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Jay Paggi, Engineer to the Town to prepare and go out to bid for Carroll Drive/Rowell Lane. Seconded by Mr. Paoloni Motion Unanimously Carried Next is Castle Point/Trailer Feasibility. Jay Paggi, Engineer to the Town explained that he found a spot at Castle Point that would accommodate parking for 10 trailers and 16 cars. Discussion followed. COUNCILMAN BETTINA moved authorize Mr. Paggi to prepare to go out to bid to blacktop the parking lot of Castle Point to accommodate 10 trailers and 16 cars. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN BETTINA moved to have a workshop to discuss the boat ramp with Ralph Holt in attendance. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN BETTINA moved to authorize the Town to pay up $2000 toward the Senior Picnic. Seconded by Mr. Paoloni Motion Unanimously Carried A Public Hearing having been held on the proposed Local Law to amend Local Law #2 of 2000 and permit school buses to make a right hand turn on Blackthorn Loop, the matter of its adoption was now placed before the board for their consideration. The following resolution was offered by COUNCILMAN RUGGIERO who moved its adoption and seconded by Mr. Valdati. LOCAL LAW #5 OF THE YEAR 2000 9 06/12/2000.WS A Local Law entitled "Local Law Amending Section 230-40 of the code of the town of Wappinger". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger Local Law #5 of the year 2000, and entitled Local Law Amending Section 230-40 of the Code of the Town of Wappinger". Section II: Legislative Background: By Local Law #2 of the year 2000, the Town Board of the Town of Wappinger determined that right hand turns be prohibited onto Blackthorn Loop at its most westerly intersection with Myers Corners Road between the hours of 6:00 a.m. to 8:00 a.m. Monday through Friday from January 1 to June 30 and from September 1 to December 31 of each calendar year except Legal Holidays. In enacting this Local Law, the Town Board attempted to alleviate the traffic congestion which occurs at the entrance to Roy C. Ketcham High School in the early morning hours when school is in session. The entrance is located near the easterly intersection of Blackthorn Loop on Myers Corners Road. It is the determination of the Town Board that school buses should not be prohibited from making right hand turns during the prohibited periods of time and accordingly, the Town Board has elected to amend the Local Law accordingly. Section III: Prohibited Turns at Intersections: Section 230-40 of the code of the Town of Wappinger entitled "Schedule VI: Prohibited Turns At Intersections" is hereby amending by including Myers Corners Road at the Westerly intersection of Blackthorn Loop in said schedule as follows: Name of Street Direction Prohibited Turn Hours At Intersection of of Travel Myers Corners East Right Hand 6-8 a.m. Westerly Intersection Road Except School Mon -Fri with Blackthorn Loop Buses) Jan. 1 -June 30 and Sept 1 -Dec 31, except Legal Holidays Section IV: Separability. The Provisions of this Local Law are separable and if any provision, clause, sentence subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence subsection, work or part had not been included therein, and if such person or circumstance to 06/12/2000.WS which the Local Law or part thereof is held inapplicable, had been specifically exempt therefrom. Section V: Ratification: Except as amended by these additions to section 230-43, the Code of the Town of Wappinger is hereby ratified and re- confirmed. Section VI: Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Motion Unanimously Carried At this time, 9:15 p.m. COUNCILMAN RUGGIERO moved to go into Executive Session to discuss negotiations. Seconded by Mr. Valdati Motion Unanimously Carried The meeting reconvened at 9:55 p.m. with all Board members present. COUNCILMAN RUGGIERO moved to authorize payment for the title of "Zoning Administrator" for Mark Liebermann, on an hourly basis. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Emanuel Saris to settle with Robert Rawls for 33% assessments. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize Vincent Francese to receive 75% health insurance from this point on. ROLL CALL VOTE Supervisor Smith Nay Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Aye Councilman Paoloni Aye Motion Carried COUNCILMAN VALDATI moved to authorize Vincent Francese be reimbursed for his health insurance retroactive at 75%. Seconded by Mr. Bettina ROLL CALL VOTE VOTE Supervisor Smith Nay Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Nay Councilman Paoloni Nay Motion Defeated There was no other business to come before the Board. 06/12/2000.WS COUNCILMAN VALDATI moved to close the meeting seconded by Mr. Bettina and unanimously carried. The meeting adjourned at 10:10 p.m. MA Elaine H. Snowden Town Clerk 06/12/2000.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 12, 2000 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law amending Local Law 42 of 2000 prohibiting right hand turns onto Blackthorn Loop at its most westerly intersection with Myers Corners Road between the hours of 6:00 a.m. to 8:00 a.m. Monday through Friday from January 1, to June 30 and from September 1 to December 31. Supervisor Smith opened the meeting at 7:20 p.m. Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Meeting). Supervisor Smith asked if there were any questions or comments from the audience. There were none. COUNCILMAN RUGGIERO moved to close the Public Hearing, seconded by Mr. Paoloni, and unanimously carried. The Public Hearing closed at 7: 29 p.m. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING AMENDING LOCAL LAW #2 OF 2000 TO PERMIT SCHOOL BUSES TO MAKE RIGHT HAND TURN ON BLACKTHORN LOOP STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) ELAINE H. SNOWDEN, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 31, 2000, your deponent posted a copy of the attached notice of Public Hearing on the proposed Local Law amending Section 230-40 of the Code of the Town of Wappinger, on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers LW Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me the /Q day of , 2000 ,A 4zz��� 11,1,-.n T p RGafpTg , nrE w York €:ouli% 18 Z_ S oerla 11) Ut ch ess N e 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Toivn of Wappinger. ............. ................ of the Town of Wappinga, Dtitchcss County, Ncw York, being duly sworn, saysthat he is, 'and at the several timcs.ficicinaftu' was,,. the ... Boakkseiiei ..._.. of '.the SOLTJTMRN . DUTgIi 'I`tEWS, a ncivspaper printed and publishcd.cyery Wednesday in the Town of Wappinger, DuCchcss County, New York, and that the annexed NOTICE waz duly published in the said newspaper for .atit"ks successively 'in each week, commencing �on the .....3 -is tday of ..Mr3Y._....', and on the following dates thcrcafter, namely on ...... .................'....................... and'ending oii'thc'._3Lst..... day of .1,4a.y...... 2"00.0% both days inclusive. Subscribed and sworn to before me this .31st.... day of ....... Nil y. ........ 2000...... Notary Public My commission expires ............................