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1999-05-24 RGMAGENDA TOWN BOARD TOWN OF WAPPINGF.R MAY 24, 1999 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES: April 26, 1999 May 10, 1999 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Receiver of Taxes Bldg Insp. Zng. Dept. H. Supt. Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. Rob't Herrmann, re: request for return of 2% penalty on '99 Realty T, b. Patrick DeHaven, Dir. 1). Co. Classic Re: Mid Hudson Rd. Runners Club use of Robinson Lane Rec. Area 9/19-9/19 c. A. Roberts, Attny to Twn., Agreement for Professional Services for Tri -Muni Phase 3A d. John Magdalany, All Angel -s, re: request for speed reduction - All An e. Notification of intent to renew liquor license by Bensangra Restaura (In at Osborne Hill_) f. Applications for hawking & Peddling License from Thomas Blasetti & Kathryn Reitbauer g. M. Tremper, CAMO, approval of draft Consumer Confidence Report for Central Wapp. Water Dist. h. Maureen Lashbee, ex. Dir. D. Co. Comm Action Agency, Note of appreciation for contribution i. Bruce Hayter, Co. Ch. V.W.F. Rec. Comm. re: Picnic in the Park -7/11 R. Holt. Rec. Ch. re: Requests for P.0's for (1) $7,500 School bus �'. transportation (2) $1,625 for Ball field Clay (3) need to adver- tise for replacement maintenance worker and Rec/Sr Citizen Center Assistant (4) Request approval. of Kimberly Allen as Summer Play- ground Director (5) Request add'l $6,850 out of Parkland fund to add to remaining $17,450 Grant for Schlathaus work (6) Consideratio of paving at Spook hill playground and $5,000± for trailer to carry two vehicles k. Thomas Rothman, Willkie Farr & Gallagher, proposal of fees for Bndg- accept costs for legal services for Bonding for Sewer T/T Imp A -3A 1. Mr. Eldward Llewellyn, re: Kent road plowing m. Frederick P. Clark, Planning Services Agreement for Planning Bd. '99 n. Application for Change of Zoing, by Waltertl Thalman-Rte 9- from HD to HB Highway Business o. Requests for return of escrow Funds from: (1) Nicholas DeLuccia, $1,000 (2) Martin & Shari. Hilmar, $1,500 (3) Peter & Sheila Lowis, $1,000 (4) Jos.& Lisa Paoloni, $1,000 (5) O'Donnell Blders, [21 $1,500 & $1,000 p. Authorize Attny and Eng to Town to retain D. McGrath for Phase 3A to obtain necessary Easements q. Tri -Muni Agreement between Town and Tri -Muni -Authorize Sup. to sign 6. COMMITTEE REPORTS 7. BONDS AND LETTERS OF CREDIT a. Zoning Adm. Report - b. Request for Bond reduction for Evergreen Estates, Sect. I C. Accept Performance Bond and Letter. of Credit for Orchard Drive extension (Buyakowski) 8. RESOLUTTONS a. Consider adoption of Local Law for Sr. Citizen Tax Exemptions b. Consider adoption of Local Law for STOP signs Dorothy Lane, etc. C. Consider adoption of Local. Law for STOP signs Kent Rd. d. Appoint Zoni g Administrator AL � A&dfkzc_ f [��.,=-i,,;h' tri 9. UNFINISHED BUSINESS a. J. Paggi, Y.E., Eng.to 'rwn, Reports on (1) SabatelL/Split Tree drive drainage (2) DeGarmo Hills Culvert replacement (3) Analyzed flow figures -Tri -Muni (4/29) b. A. Roberts, Attny to Twn., re: Van Kirk Zoning issues (4/29) C. Ping Bd. Report on Piqwon-amended site plan- w/ Paggi & Wery review letters attached (5/6) m AGENDA - WAPPINGER TOWN BOARD MEETING OF MAY 24, 1999 Pg. 2, Con t 9. e. David Ruff, Director, D. Co. Dept. of Health, re: Kirby property 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARING AT 7:15 on KENT RD. STOP SIGNS ALSO: ZONING ADMINISTRATOR INTERVIEW 7:00 P.M. 05%24/99.RGM The Regular Town Board Meeting of the Town of Wappinger was held on May 24, 1999 at the town hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 8:00 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 Supervisor asked all to join in the Pledge of Allegiance to the Flag. At this time the Supervisor went out of sequence at tonight's meeting in order for the board to consider the adoption of the Local Law for the STOP sign on Kent Road. The following Resolutions was offered by COUNCILMAN PAOLONI who moved its adoption and seconded by Mr. Ruggiero LOCAL LAW # 5 OF THE YEAR 1999 A Local Law entitled "Local Law Amending Local Law #6 of the Year 1991 Regulating Traffic and Parking Within the Town of Wappinger". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: Local Law Amending Local Law #6 of the Year 1991 Regulating Traffic and Parking Within the Town of Wappinger. This Local Law shall be known and cited as Town of Wappinger Local Law No. #5 of 1999, entitled "Local Law Amending Local Law #6 of the Year 1991 Regulating Traffic and Parking Within the Town of Wappinger", and shall provide for additional full stop streets. Section II: Purpose and Intend: Additional_ Full_ Stop Streets. Section 3 of Local Law #6 of the Year 1991, a "Local Law Regulating Traffic and Parking Within the Town of Wappinger" as previously amended, is further amended by adoption of the following additions, revisions and amendments to said Section adding the following as designated full stop streets: Kent Road at its westbound intersection with Robin Lane; Kent Road at its southbound intersection with Central Avenue; Kent Road with its eastbound intersection with Applesauce Lane. Section III: Ratification 1 05/24/99.RGM Local Law #6 of the Year 1991, a "Local Law Regulating Traffic and Parking Within the Town of Wappinger", has, from time to time, been previously amended, all of such previous amendments are hereby ratified, confirmed and readopted. Section IV: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, work or part thereof is held illegal, invalid or inapplicable to unconstitutional, or 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 which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: 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 Before the meeting up started Supervisor Smith wished to make a correction to a statement she made at the last meeting. She was asked by one of the Councilman if she sent the landscaping proposals to the newspaper, and she said "yes", she thought she had. She checked the minutes and was confused at to what the board wanted done. When Supervisor Smith had presented the proposals, she presented them as proposals and they were accepted as bids. She presented each board member a copy of "Policy and Procedures" and said, we can go out to bid again if you so wish. She also checked with the Financial Planner, and he said it was silly to go out to bid for $5K, but that is your option. Its more costly and time consuming. Discussion followed. COUNCILMAN VALDATI moved to rescind the contract awarded to Lehigh Landscaping since it was approved under the assumption that it was advertised, and moved to advertise for landscaping services in the Southern Dutchess Newspapers for two weeks, and the Poughkeepsie Journal for three days. Seconded by Mr. Ruggiero Roll Call Vote Vote Supervisor Smith Nay Councilman Valdati Aye 2 05/24/99.RGM Councilman Bettina Aye Councilman Ruggiero Aye Councilman Paoloni Aye Motion Carried There was some discussion with Mr. Holt in regard to Recreation mowing the town hall and emergency services building, and contract out Wildwood and Fieldstone, but Mr. Holt said he would need a walk behind mower to mow these two complexes. Mr. Valdati asked Mr. Holt to give him some specs and what he needs, and they would authorize it. MINUTES The Minutes of April 26, 1999 and May 10, 1999, having previously been forwarded to the board members was now placed before them for their consideration. COUNCILMAN VALDATI moved to accept the above Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Bettina Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of April were received from the Supervisor/Compt., Receiver of Taxes, Town Justices, Building Inspector, Zoning Department. COUNCILMAN VALDATI moved to accept the reports and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried PETITIONS & COMMUNICATIONS Correspondence from Robert Herrmann, a Town of Wappinger resident with a request to have his 2% penalty ($23.33) on his 1999 Realty Taxes waived. For some unknown reason, his bill had a bank code on it indicating he had an escrow account. He has not had one for years. His notice was held until the Receiver of Taxes called the bank to ask if there was an escrow account. His taxes are normally due in February, and he received a notice of taxes due on March 30, 1999, well past the due date. In the past, all the tax bills have been sent to him, not the bank. The Receiver of Taxes says she needs permission from the board to waive the 2% penalty. COUNCILMAN PAOLONI moved to waive the 2% penalty ($23.33) on Mr. Herrmann's Realty Taxes as requested. Seconded by Mr. Ruggiero Motion Unanimously Carried A request from Patrick De Haven, race director for the Dutchess County Classic, for permission for the Mid Hudson Road Runners Club to use the M 05/24/99.RGM Town of Wappinger Recreation Area on Robinson Lane to stage the 21st annual DC Classic to be held on Sunday September 19th . They are requesting a permit for Saturday September 18th and Sunday September 19th. In addition, they are requesting a parade permit along the part of Robinson Lane which falls under the jurisdiction of the Town of Wappinger. They are requesting that the road be closed from 8:30 a.m. until 10:00 a.m. in order to cover the start of the marathon/half marathon, as well as the running of the 5K race. They are further requesting that the road be limited to one way traffic from 10:00 a.m. to 11:30 a.m. Mr. DeHaven is in the process of obtaining certificates of insurance and will forward a copy to the town clerk. COUNCILMAN RUGGIERO moved to refer to the Recreation Department, accept and place on file. Seconded by Mr. Paoloni Motion Unanimously Carried Next is to approve the agreement with Al Roberts, Attorney to the Town to perform Professional Services for Tri -Muni Phase 3A. COUNCILMAN RUGGIERO moved to approve the agreement and authorize Supervisor Smith to sign. Seconded by Mr. Valdati Motion Unanimously Carried A request from John Magdalany urging the Town to consider lowering th e speed limit on All Angels Hill Road from 40 MPH to 30 MPH. Supervisor Smith informed the board that she forwarded this request to the County, as this is a County Road. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina. Motion Unanimously Carried Notification of intent to renew a liquor license was received from Bensangra Restaurant (Inn at Osborne Hill). COUNCILMAN VALDATI Moved to accept the notification and place it on file without comment. Seconded by Mr. Paoloni Motion Unanimously Carried Next is an application for a Hawkers and Peddlers License from Thomas Blasetti & Linda Reitbauer. Because Ms. Reitbauer is only going to work part time they are requesting her fee be waived. Mrs. Snowden informed the board that this has been done in the past. 9 05/24/99.RGM COUNCILMAN VALDATI moved to approve the application for the Hawkers and Peddlers License for Thomas Blasetti & Linda Reitbauer and waive the fee for Ms. Reitbauer. Seconded by Mr. Paoloni Motion Unanimously Carried Mike Tremper of CAMO Pollution is requesting approval of his draft for the Consumer Confidence Report for the Central Wappinger Water District. COUNCILMAN VALDATI moved to approve Mr. Tremper's draft for the Consumer Confidence Report for the Central Wappinger Water District. Seconded by Mr. Ruggiero Motion Unanimously Carried A note of appreciation from Maureen Lashbee, Executive Director of the Dutchess County Community Action Agency, thanking the Town of Wappinger for their contribution. COUNCILMAN VALDATI moved to accept the note of appreciation from Ms. Lashbee, and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Bruce Hayter, County Chairmen of the VFW announcing that the Village of Wappinger is having its annual Picnic in the Park on July 11, 1999 and is inviting the Town of Wappinger Board Member to march in the parade. COUNCILMAN VALDATI moved to accept the invitation and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Several requests from Ralph Holt, Recreation Chairman for P.O's. First is a request for a P.O. for $7,500, payable to the Wappinger Central School District to cover bus transportation charges for the summer swim and playground programs. The funds for these charges are in Recreation Account B-7310.4 COUNCILMAN VALDATI moved to approve a P.O. in the amount of $7,500 payable to the Wappinger Central School District to cover transportation charges for the summer swim and playground programs. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is a request for a P.O. in the amount of $1,625, payable to Partac Peat Corporation for the purchase of 25 tons of Clay for the various ball fields. The funds are in budget account A-7110.4 5 05/24/99.RGM COUNCILMAN VALDATI moved to approve a P.O. in the amount of $1,625, payable to Partac Peat Corporation for the purchase of 25 tons of Clay for the various ball fields. Seconded by Mr. Bettina Motion Unanimously Carried The next request from Mr. Holt is for permission to advertise for replacement of a maintenance worker and a Recreation/Senior Citizen Assistant. Mr. Holt to for COUNCILMAN PAOLONI moved to authorize advertise a maintenance worker for recreation, and an assistant for Recreation/Senior Citizen Center. Seconded by Mr. Ruggiero Motion Unanimously Carried Mr. Holt also requests the approval of Kimberly Allen as Director for the Summer Playground program. COUNCILMAN VALDATI moved to approve Kimberly Allen as the Director of the Summer Playground program. Seconded by Mr. Bettina Motion Unanimously Carried Bids were received and opened for the construction of Handicap Rest rooms at Schlathaus Park on May 5, 1999. The lowest bid came in at $24,300. However, the Grant received for the rest rooms is only $17,450. Mr. Holt is requesting the additional $6,850 out of Parkland Funds to add to the $17,450 Grant for the construction of Handicap rest -rooms at Schlathaus. Discussion followed. COUNCILMAN VALDATI moved to table this request to a workshop for further discussion. Seconded by Mr. Ruggiero Motion Unanimously Carried In his fall plan presentation, Mr. Holt requested financial support to perform some paving work at Spook Hill Park. Mr. Holt also informed the board that the trailer that carries two vehicles has seen better days, and is constantly being repaired and has estimated $5,000 for a new trailer to carry two vehicles. Supervisor Smith explained that neither of the items had been budgeted. Discussion followed COUNCILMAN VALDATI moved to table both the requests to the June 14th workshop meeting. Seconded by Mr. Ruggiero Motion Unanimously Carried C 05/24/99.RGM Mr. Holt requests permission to obtain a P.O. In the amount of $2,700 for the RTE/CPR (Responding to Emergency) certification of necessary playground personnel. The P.O. would be payable to either the American Red Cross or Sloper Willen. Recreation is still in the process of determining which classes will be acceptable to the Department of Health rules and regulations. The funds for this expenditure are covered in Recreation Account B-7310.4. COUNCILMAN RUGGIERO moved to approve the P.O. for $2,700 for the RTE/CPR certification of necessary playground personnel, as requested by Mr. Holt. Seconded by Mr. Paoloni Motion Unanimously Carried Mr. Holt requests permission to obtain a P.O. in the amount of $5,000, payable to Print Plus for shirts for the playground children. The funds for this purchase are in Recreation Account B-7310.4. COUNCILMAN moved to approve the P.O. in the amount of $5,000, payable to Print Plus, for shirts for the playground children. Seconded by Mr. Bettina Motion Unanimously Carried Thomas Rothman of Willkie, Farr & Gallagher submitted proposal fees for legal services for the Bonding for the Sewer Transmission Treatment Improvement Area Phase 3A. COUNCILMAN VALDATI moved to accept the proposal from Thomas Rothman for legal services for the Bonding for the STTIA Phase 3A, and authorize the Supervisor to sign. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Edward Llewellyn regarding the plowing of Kent Road. Since the road was widened some years ago, the snow plows have been missing part of the road, and he has had to plow the road with his snow blower. It is also getting dangerous to back into his driveway. Mr. Llewellyn also wished to know why the house next door to him has a curb, and he has not. Mr. Foster explained that he met with Mr. Ruggiero on Saturday morning to walk the site. He had cautioned Mr. Llewellyn about the dangers of backing into his driveway. He does have an area in his driveway where he can turn around. That section of Kent Road was done many years ago, and it was done to aid drainage and, to give Mr. Llewellyn a little more room to retrieve his mail without standing in the road. There was a curb existing down along Kent Road, and Mr. Foster put a swale behind the curb, so any water coming over the top of the basin would go down behind the curb, and 7 \�k 05/24/99.RGM down across Pippin Lane to a drainage pipe. Mr. Foster said Mr. Llewellyn does not have a curb because he really does not need one. Mr. Ruggiero explained that he and Mr. Foster looked at the area in question and what was discussed, perhaps a walk path along Kent Road/Baldwin Drive to Lake Oniad, just to make the road a little safer. Other than that there is not much we can do unless we rebuild Kent Road, because it is very narrow and windy. Discussion followed as to what action should be taken. COUNCILMAN VALDATI moved to authorize the Engineer to the Town to investigate the amount of town owned property and report back to the board. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is the Planning Services agreement from Frederick P. Clark, for the Town Planning Board for 1999. COUNCILMAN BETTINA moved to accept the Planning Services agreement from Frederick P. Clark for the Planning Board for 1999, and authorize Supervisor Smith to sign. Seconded by Mr. Paoloni Motion Unanimously Carried An application for a change of zoning was received from Walter Thalman, Route 9, from HD to HB Highway Business. COUNCILMAN PAOLONI moved to refer to Town Planning Board and Town Planner, Dan Wery for recommendations and comments. Seconded by Mr. Bettina Motion Unanimously Carried Requests for the return of escrow funds were received from (1) Nicholas DeLuccia for $1,000. (2) Martin & Shari Hilmar for $1,500. (3) Peter & Sheila Lewis for $1,000. (4) O'Donnell Builders, $1,500 & $1,000. COUNCILMAN RUGGIERO moved to authorize the return of the above escrow funds to Nicholas DeLuccia for $1,000, Martin & Shari Hilmar for $1,500, Peter and Sheila Lewis for $1,000, and O'Donnell Builders for $1,500 & $1,000, based on the recommendation of the Building Inspector, Paul Foody. Seconded by Mr. Paoloni Motion Unanimously Carried Request for the return of escrow funds was received from Joseph & Lisa Paoloni for $1,000. COUNCILMAN RUGGIERO moved to authorize the return of the above escrow funds to Joseph & Lisa Paoloni for $1,000 upon the recommendation of the Highway Superintendent. Seconded by Mr. Bettina Roll Call Vote Supervisor Smith Councilman Valdati Councilman Bettina Councilman Ruggiero Councilman Paoloni Vote Aye Aye Aye Aye Abstain Motion Carried 05/24/99.RGM Next is to authorize the Attorney to the Town Al Roberts, and Engineer to the Town Jay Paggi to retain Don McGrath for Phase 3A to obtain necessary appraisals for easements. COUNCILMAN RUGGIERO moved to authorize the Attorney to the Town, and Engineer to the Town, retain Don McGrath for Phase 3A to obtain necessary appraisals for easements. Seconded by Mr. Valdati Motion Unanimously Carried Next is to approve the agreement between the Town of Wappinger and Tri - Muni, and authorize the Supervisor to sign. COUNCILMAN RUGGIERO moved to approve the agreement between the Town of Wappinger and Tri -Muni, and authorize the Supervisor to sign. Seconded by Mr. Valdati Motion Unanimously Carried Before going to COMMITTEE REPORTS, Supervisor Smith wished to discuss Pine Ridge Drive. Graham Foster, Highway Superintendent explained that several residents complained that their back yards flooded due to the rain last week. They are adjacent to a large wet land that goes all the way from Pine Ridge Drive over to Shady Brook Lane and Park Hill Drive. Some of the residents have lived there for years and have never had water to the magnitude they have it now. He went to Shady Brook Lane and back to the properties on the private roads and discovered that the drainage area that used to drain this entire area has been dug up and the stream that used to drain the area has been blocked off. He knows of no approvals for anything, and it has effected the properties of Pine Ridge and Apple Blossom. Discussion followed. COUNCILMAN BETTINA moved to authorize Engineer to the Town, Jay Paggi inspect the area and report back to the board with his recommendations. Seconded by Mr. Ruggiero COMMITTEE REPORTS 41 Motion Unanimously Carried J6� \� 05/24/99.RGM COUNCILMAN PAOLONI on Recreation. Can the excess revenue received from increased fees for the summer programs be used for Recreation this year? Mr. Roberts, Attorney to the Town explained, that you would have to amend the budget, because spending this year, is based on the budget that was adopted last fall. If you have additional revenues into a particular fund you would have excess revenues, and would need authorization. Discussion followed. COUNCILMAN RUGGIERO to the Comptroller to moved authorize prepare a detailed account of revenue collected, for the summer program and also get a report from Recreation asking if they choose to enhance the summer program this year with the excess revenue. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI on Village agendas, are we receiving them? Mrs. Snowden replied, no. Mrs. Snowden said that Leo Lowney has sent some arbitrarily, in the past. Mr. Valdati is asking again, a letter be sent, addressed to the Mayor from the Board requesting their agendas be sent to the Town. COUNCILMAN VALDATI had asked Ralph Holt a while back to look into the feasibility of purchasing a modular home to add to the Schlathaus or r properties n Montfort p opert es ow ed by the town. Something large enough to amplify the Senior Citizen program and also provide for a teen center. As of yet, no proposals have been received, can the Supervisor please send a letter to Ralph requesting this information. COUNCILMAN BETTINA asked Mr. Paggi where we stand on Fleetwood, regarding the pump control valves. Mr. Paggi explained that he had called Dan O'Connor of the DC Health Department after the last town board meeting. Mr. O'Connor shared our concerns and made recommendations to the Village that pump control valves be installed. They all met last Wednesday with the Health Department in attendance, and gave a tentative schedule, and they are supposed to have a cost proposal from the pump station manufacturer and that will be on the Village Board meeting of June 7th and the Village Engineer saw no reason why that would not be authorized. After it is authorized it will be ordered and installed. SUPERVISOR SMITH announced that the salary study is under way, after meeting with all the employees on May 2181. The questionnaires were handed out and must be completed and returned to the department heads by May 28th and returned to the Supervisors office by June 11th. Ice I c," 05/24/99.RGM SUPERVISOR SMITH also announced that the Spook Hill camera has been vandalized. Discussion followed. COUNCILMAN VALDATI moved to authorize Supervisor Smith to submit the bill to the insurance company. Seconded by Mr. Bettina Motion Unanimously Carried At this time Supervisor Smith wished to address Astor Homes and she introduced John Adams. Mr. Adams is the Attorney representing clients who work for the Astor Home for Children. He went on to explain that Astor Home is the designated agency in Dutchess County which provides Head Start programs throughout the county. They have located a suitable site off Myers Corners Road, however, there is one problem. The zoning laws in the Town of Wappinger require 10 acres for any nursery school or private school. In discussions with the Town Officials, Town Planner, and Attorney to the Town, it has been suggested that it might be appropriate to consider an amendment to the Zoning Law to lower the 10 acre minimum for Nursery Schools. He is here tonight, to further that effort. He said the proposed use is to place a second building on the site east of the existing Masonic War Veterans Building. It would house a maximum of 54 preschool children ages 0-5. They would use the existing entrance on Myers Corners Road, and the existing parking area also. The proposed building will be modular in form and may or may not stay on the site after the program is terminated. The nursery will be funded by a state grant in four, five year blocks, and it has been their experience that the grants have always been renewed. The children will be bused to the school in vans, and because it is on a county road, impact on the adjacent neighborhood will be minimal. Town Planner, Dan Wery felt this would be a good use that the town might wish to encourage. Although a nursery currently requires a 10 -acre minimum, Mr. Wery thought an exception should be made in this case. One acre per 20 children would require about 3 -acres. Discussion followed. COUNCILMAN VALDATI moved to authorize the Town Planner to go forward to prepare the necessary papers, and authorize the Attorney to the Town, Al Roberts, prepare the local law. Seconded by Mr. Paoloni Motion Unanimously Carried BONDS AND LETTERS OF CREDIT A report was submitted from the Zoning Administrators office for the month of April on the Schedule of Bonds and Letters of Credit on various subdivisions, the amounts, expiration dates and call up dates. 11 197. 05/24/99.RGM COUNCILMAN PAOLONI moved to accept the report and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried On May 3, 1999, the Planning Board voted unanimously to recommend the Town Board reduce Evergreen Estates - Section I Bond to $75,130. Also attached with their correspondence is a memo from Jay Paggi, Engineer to the Town recommending that a reduction of the current Bond amount to $75,130 would be acceptable. COUNCILMAN RUGGIERO moved to approve the Bond reduction for Evergreen Estates - Section I to $75,130 as recommended by the Planning Board, and Engineer to the Town Jay Paggi. Seconded by Mr. Bettina Motion Unanimously Carried Next is to accept the Performance Bond and Letter of Credit for the Orchard Drive Extension (Buyakowski). COUNCILMAN BETTINA moved to accept the Performance Bond and Letter of Credit for the Orchard Drive Extension (Buyakowski). Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption, and seconded by Mr. Paoloni. A RESOLUTION AUTHORIZING THE ISSUANCE OF $363,544 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF VARIOUS ITEMS OF EQUIPMENT & VEHICLES IN AND FOR THE TOWN WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFOR, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For objects or purposes of paying the cost of (a) the purchase of equipment for construction and maintenance purposes, each item of which costs $15,000 or less, a class of objects, at a maximum estimated cost of $43,105, (b) the purchase of a pick-up truck, a specific object or purpose, at a maximum estimated cost of $25,641 and (c) the purchase of equipment for construction and maintenance purposes, each item of which costs $30,000 or over, a class of object or purposes, at a maximum estimated cost of $294,798, 12 IC7 05/24/99.RGM including, in each case, original equipment and incidental expenses in connection therewith, there are hereby authorized to be issued $363,544 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the aggregate maximum estimated cost of the aforesaid objects or purposes is $363,544, and that the plan for the financing thereof is by the issuance of the $363,544 serial bonds authorized to be issued therefor pursuant to Section 1 hereof and hereby allocated to each object or purpose stated in Section 1 hereof in accordance with the maximum estimated cost of each specified therein. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid purchase of equipment for construction and maintenance purposes, each item of which cost $15,000 or less is five years, pursuant to subdivision 28 of paragraph a of Section 11:00 of the Local Finance Law, and that the aforesaid purchase of a pick-up truck is ten years, pursuant to subdivision 28 of paragraph a of Section 11:00 of the Local Finance Law, and that the period of probable usefulness of the aforesaid purchase of equipment for construction and maintenance purposes, each item of which costs $30,000 or over is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11:00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, 13 05/24/99.RGM by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 14 05/24/99.RGM 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution which takes effect immediately, shall be published in full in Southern Dutchess News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Roll Call Vote Vote Supervisor Smith Aye Councilman Valdati Aye Councilman Bettina Aye bow Councilman Ruggiero Aye Councilman Paoloni Aye The resolution was thereupon declared duly adopted. A Public Hearing having been held to consider the adoption of a Local Law Amending Local Law #6 of the Year 1991 Regulating Traffic and Parking Within the Town of Wappinger, the matter was now placed before the Board for their consideration. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption, and seconded by Mr. Paoloni. LOCAL LAW #3 OF THE YEAR 1999 A Local Law entitled "Local Law Amending Local Law #6 of the Year 1991 Regulating Traffic and Parking Within the Town of Wappinger". BE IT ENACTED by the town Board of the Town of Wappinger as follows: Section I: Title: Local Law Amending Local Law #6 of the Year 1991 Regulating Traffic and Parking Within the Town of Wappinger. This Local Law shall be known and cited as Town of Wappinger Local Law No. #3 of 1999, entitled "Local Law Amending Local Law #6 of the Year 15 ;} 05/24/99.RGM 1991, Regulating Traffic and Parking Within the Town of Wappinger", and shall provide for additional full stop streets. Section II• Purpose and Intent• Additional Full Stop Streets. Section 3 of Local Law #6 of the Year 1991, a "Local Law Regulating Traffic and Parking Within the Town of Wappinger' as previously amended, is further amended by adoption of the following additions, revisions and amendments to said Section adding the following as designated full stop streets: Pine Ridge Drive at its intersection with Rosewood Drive at the northeast corner; and Pine Ridge Drive at its intersection with Dorothy Lane. Section III: Ratification. Local Law #6 of the Year 1991, a "Local Law Regulating Traffic and Parking Within the Town of Wappinger", has, from time to time, been previously amended, all of such previous amendments are hereby ratified, confirmed and readopted. Section IV: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, work 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 provisions, clause, sentences, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: 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. Roll Call Vote Vote Supervisor Smith Aye Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Aye Councilman Paoloni Aye Motion Unanimously Carried A Public Hearing having been held to consider the adoption of a Local Law amending Local Law No. 1 of 1967, as amended to increase the income 00 /7' 05/24/99.RGM limitations for eligibility for tax exemptions for Senior Citizens with the Town of Wappinger, the matter was now placed before the board for their consideration. The following Resolution was offered by COUNCILMAN PAOLONI who moved its adoption, seconded by Mr. Ruggiero. LOCAL LAW NO. #4 OF THE YEAR 1999 AMENDING LOCAL LAW NO. 1 OF 1967, AS AMENDED TO INCREASE THE INCOME LIMITATION FOR ELIGIBILITY FOR TAX EXEMPTIONS OF SENIOR CITIZENS. A Local Law entitled "Local Law Amending Local Law No. 1 of 1967, as amended, to Increase the Income Limitations for Eligibility for Tax Exemptions for Senior Citizens". BE IT ENACTED BY THE Town Board of the Town of Wappinger as follows: Section I: Title: Local Law Amending Local Law No. 1 of 1967, as amended, to Increase the Income Limitations for Eligibility for Tax Exemptions for Senior Citizens. This Local Law shall be known and cited as town of Wappinger Local Law No. #4 of 1999, entitled "Local Law Amending Local Law No. 1 of 1967, as amended, to Increase the Income Limitations for Eligibility for Tax Exemptions for Senior Citizens", which shall amend the present Local Law fixing the income limitations for eligibility for tax exemptions for senior citizens, as set forth below. Section II: Legislative Intent: The Town Board acknowledges that many senior citizens are living on fixed incomes, and are, therefore, in particular need of relief from the burden of real property taxes. The Board further acknowledges that senior citizens make significant contributions to the diversity of, and to the quality of life in the town. The Board acknowledges that some tax relief is currently available to the town of Wappinger seniors. The Board, however, has determined that to the extent that additional tax relief is authorized by the New York State Legislature, the Town of Wappinger is best served by providing that additional tax relief is authorized by the New York State Legislature, the Town of Wappinger is best served by providing that additional relief to its senior citizens. Section III: The Local Law No. #4 of 1999 amends the provisions of the following Local Laws providing for partial tax exemptions of real property owned by certain persons with limited income or who are sixty-five years of age or older, implementing the provisions of Chapters 312 Section 1 of Laws of 1996, and 17 05/24/99.RGM Chapter 298 of the Laws of 1998: Local Law No.1 of 1967 Local Law No.5 of 1977 Local Law No.2 of 1980 Local Law No.6 of 1980 Local Law No.7 of 1982 Local Law No.8 of 1983 Local Law No.4 of 1986 Section 2(b) of Local Law No.4 of 1986 Local Law No.3 of 1991 Local Law No.11 of 1992 Local Law No.2 of 1995 Local Law No.3 of 1997 BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, State of New York as follows: Section 2(b) of Local Law No.1 of 1967, as amended by Section 2 of Local Law No.5 of 1997; Local Law No.2 of 1980, Local Law No.8 of 1983, and Section 2(b) of Local Law No.4 of 1986, Local Law No.3 of 1991, Local Law No.11 of 1992, Local Law No.2 of 1995 and Local Law No.3 of 1997 is further amended to read as follows: "Section 2(b) In order to be eligible for 50% tax exemption, the income of the owner or the combined income of the owners of real property shall not and may not exceed the sum of Nineteen Thousand, Five Hundred ($19,500.00) Dollars, for the income tax year immediately preceding the date of making the application for exemption. The income tax year shall mean a 12 month period for which the owner or owners filed a federal personal income tax return, or if no such return was filed, the preceding calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such income. Such income shall include social security and retirement benefits, interest, dividends, net rental income, salary or earnings and the net income from self-employment, but shall not include a return of capital gifts or inheritances. Any such income, shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance. Rental income and self-employment income shall not be reduced by an allowance for depreciation." Section 2 (c) of Local Law No.8 of 1983, Local Law No.4 of 1986, Local Law No.3 of 1991, Local Law No.11 of 1992, and Section 2 of Local Law No.5 of 1995, is hereby amended to read as follows: "Section 2 (c): If the income of an eligible property owner or the combined income of the owners of the property exceeds the sum of nineteen thousand, five hundred ($19,500.00) dollars, in the income tax year immediately preceding the date of making the application for tax exemption, and is not greater than twenty-seven thousand eight hundred ninety-nine and 099/100 In 05/24/99.RGM ($27,899.99) dollars, said owner shall be entitled to a partial exemption as follows: ANNUAL INCOME PERCENTAGE OF ASSESSED VALUATION EXEMPT FROM TAXATION Less than $19,500 50 $19,500 BUT LESS THAN $20,500 45 $20,500 TO $21,499.99 40 $21,500 TO $22,499.99 35 $22,500 TO $23,399.99 30 $23,400 TO $24,299.99 25 $24,300 TO $25,199.99 20 $25,200 TO $26,099.99 15 $26,100 TO $26,999.99 10 $27,000 TO $27,899.99 5 Section IV: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, work or part thereof is held illegal 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. Is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger 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 which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: 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. Roll Call Vote Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Vote Aye Aye Aye Aye Aye Motion Unanimously Carried Next is to authorize the Building Inspector, Paul Foody to seek bids for a new car. As per this years budget, there is $20,500 allocated for a new vehicle for the building department. Mr. Foody has reviewed the State bids and discovered that they were closed at the end of March. Mr. Foody is 19 ) 7_S 0 ;' 05/24/99.RGM requesting approval from the town board to advertise for bids for the following vehicle. 1999 Jeep Cherokee/Sport (J Package) 4 door 26J (4 speed automatic transmission w/overdrive) Mr. Foody has visited several dealerships in the area and found that this vehicle is the most readily available, in the price range budgeted, that will suit the needs of his department. COUNCILMAN RUGGIERO moved to authorize Building Inspector, Paul Foody to seek bids for a new car as requested. Seconded by Mr. Valdati Motion Unanimously Carried UNFINISHED BUSINESS Next are several reports from Jay Paggi, Engineer to the Town. As instructed at the April 26, 1999 Town Board meeting, Mr. Paggi visited Sabatelle property located on 29 Split Tree Drive with Graham Foster, Highway Superintendent, to determine if the road water in the area of Split Tree Drive had the potential of flooding out the basement and property of Mr. & Mrs. Sabatelle, 29 Split Drive. Mr. Paggi surveyed the elevations of the gutter lines surrounding the property, the elevations of the property, and the approximate elevations of the two floors of the house. The elevations are such, that there would need to be more than six (6") inches of water standing on the street to inundate the property without draining to the catch basin that exists in the street. The site was also viewed to determine if the surface water flow conditions would be such that it could inundate the basement of the house. Upon review of the elevations, it would seem highly unlikely, if not impossible, that the road surface water could effect the basement elevation of the house. There is a low area in the front corner of the lot, that could be improved by placing fill. The elevation of the basement is approximately 9-10" above the rim elevation of the catch basin that exists in the street. Mr. Foster said he would repair and place the curb around the perimeter of the parcel to preclude any road run-off from entering the shoulder area of the street. SUPERVISOR SMITH also read the following letter from Mr. Sabatelle: Dear Mrs. Smith: I am writing this letter in regards to my house flooding from the curb around my property being destroyed. It has been 2 months and I have still not heard anything from the town. I feel I have been very patient and fair in dealing with this situation. The facts are that I have been here for two years with no water problems. The first rain storm after the curb was 20 05/24/99.RGM destroyed flooded my basement. Weather reports will show that we have had days with more substantial rain then that day, and I still had no problems with flooding. I have pictures to show the excessive water and a video of rain going on to the property when the curb was broken. I know there is a board meeting on May 24th, and you have had more than enough time to make a decision in this matter. I am asking the town to be responsible for the carpet I had to replace, the bill for the plumber, and for the fans to dry out the basement. If the town will not do this, I will take you to court for the full amount of damage including repainting, new molding, and the paneling that needs to be replaced. I think I am being reasonable, you have had plenty of time to decide. If I do not hear from you by May 27th, I will assume your answer is no, and we are going to court. Enclosed are the bills I expect the town to be liable for. Sincerely, Scott Sabatelle. SUPERVISOR SMITH informed the board that she has already sent this claim to the Insurance Company, and will send this letter to them also. Discussion followed. COUNCILMAN RUGGIERO moved to authorize the Supervisor to send a letter to Mr. Sabatelle informing him that this matter has been referred to the Towns insurance company, and once we hear back from them, we will answer his claim. Seconded by Mr. Paoloni Motion Unanimously Carried Mr. Paggi's second report concerns the DeGarmo Hills culvert replacement. Before finalizing he performed a field inspection of the stream and wanted to look at an existing home that existed about 400' of DeGarmo. The house, along with 12 acres is owned by a Mr. & Mrs. Haas. Mr. Paggi's office informed Mr. Haas of the proposed culvert, and was directed to an existing culvert which Mr. Haas had installed to provide access to the rear of his property across the stream. Looking into the history of the Haas culvert, Mr. Paggi found preliminary and final plot plans for this property, as well as, a copy of the NYSDEC permit for the culvert. Since the proposed replacement of the DeGarmo Hills culvert will increase flow through the Haas property, Mr. Paggi feels further investigation is warranted and would ask for some direction by the Town Board and Town Attorney on how to proceed. Discussion followed. COUNCILMAN PAOLONI moved to take this matter to a workshop with Mr. Paggi in attendance. Seconded by Mr. Ruggiero Motion Unanimously Carried 21 !7? Nib 05/24/99.RGM The last report concerns the Infiltration/Inflow. Mr. Paggi analyzed the flow figures tributary to the Tri -Municipal Sewer Plant from Phase I and II (Wappinger Sewer Improvement Area No. 1 and Rockingham Farms Sewer District) of the Wappinger Sewer Transmission/Treatment Improvement from August 1998 through March 1999. As previously reported, these two districts have been experiencing significant amounts of infiltration/inflow. The Board had authorized Mr. Paggi to set up the framework of a program and report back to the board as to what it may cost to initiate the program. As of the March 1999 flow data, it would appear that the problem is getting worse. Mr. Paggi recommends that the Board start thinking about having the Phase I and Phase II study performed on these two Districts. COUNCILMAN VALDATI moved to take to workshop for further discussion. Seconded by Mr. Paoloni Motion Unanimously Carried At this time, 9:55 p.m. COUNCILMAN PAOLONI moved to go into Executive Session to discuss the Van Kirk Zoning Issues (MVK); The Planning Board report on PIQWON, Inc., Amended Site Plan; and Correspondence from David Ruff re: Kirby Property. Seconded by Mr. Valdati Motion Unanimously Carried The meeting reconvened at 10:40 p.m. with all board members present. The position of Zoning Administrator, having been vacated by Donald Close, was now placed before the board. COUNCILMAN RUGGIERO moved to appoint John Paraskeva to fill the position of Zoning Administrator. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Al Roberts, Attorney to the Town to prepare the necessary papers for legal action against MVK as per agreement with Town Board. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize the Attorney to the Town Al Roberts send a letter to the David Ruff of the Dutchess County Heath stating the Town of Wappinger does not wish to be the authorized agent to clean up the Kirby Property, 3 Alice Lane, Town of Wappinger. Seconded by Mr. Valdati Motion Unanimously Carried There was no other business to come before the board. 22 05/24/99.RGM COUNCILMAN VALDATI moved to close the meeting, seconded by Mr. Ruggiero, and unanimously carried. The meeting adjourned at 10:50 p.m. �; Oil, Elaine H. nowden Town Clerk 23 /7� 05/24/99.PH A Public Hearing was held was held by the Town Board of the Town of Wappinger on May 24, 1999, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law amending Local Law #6 of the year 1991 Regulating Traffic and Parking Within the Town of Wappinger. SUPERVISOR SMITH opened the meeting at 7:45 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 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 introduced Jay Paggi, Engineer to the Town, and he explained that the proposed Local Law calls for the placement of the STOP signs on Kent Road at the intersections of Central Avenue, Robin Lane and Applesauce Lane. SUPERVISOR SMITH asked if there were any questions. or comments from the audience to please state their name and address. Sherman Bennett of 25 Ervin Drive was recognized, and he was concerned that the remedy that would just affect Kent Road would then cause people to use the parallel roads like Ervin and Central to avoid the STOP signs on Kent Road. Ken Malley of 18 Macintosh Lane was recognized, and if that's the only way to slow people down, he is in favor of them. He thinks that Kent Road and Oniad Drive, should also be included. How come there has not been a collision at that intersection is a miracle in his opinion. Edna Winters of 65 Kent Road was recognized, and she felt the STOP sign would be a help, but also more police presence early in the morning, the school buses are also guilty of speeding. John of 71 Kent Road was recognized, he lives at the base of the hill, and every six weeks he gets at least one car driving on his lawn. If you put more signs up it would be very inconvenient, only local people use the road. The Resident at 28 Kent Road was recognized, and he felt that a STOP signs should be put at every intersection of Kent Road. 1 05/24/99.PH Paul Pilon of 40 Kent Road was recognized, and he wished to know why other intersections were not considered? Supervisor Smith explained that under state law the town is not supposed to regulate speed with STOP signs. According to Jay Paggi, Engineer to the Town Mr. Paggi, these three intersection were chosen after a sight distance was performed at every intersection. STOP signs should not be installed for sole purposes of controlling speed of the motorist. The STOP signs are recommended to be placed on the feeder roads and allow the higher traffic road to have the right of way. There were no more comments or questions. COUNCILMAN RUGGIERO moved to close the Public Hearing. Seconded by Mr. Paoloni Motion Unanimously Carried The Public Hearing closed at 7:58 p.m. 2DS.' � z"'j, Elaine H. Snowden Town Clerk 2 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING LOCAL LAW #6 OF THE YEAR 1991 REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn deposed 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. That on May 12, 1999, your deponent posted a copy of the attached notice of Public Hearing to adopt a proposed Local Law Amending Local Law #6 of the Year 1991, Regulating Traffic and Parking within the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me the�� day of_,1999 NOTARY PUBLIC Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, NOTICE of I Town $ NOTICE County of Dutchess, TMM V"A' Town of Wappinger. vdn aon�,ot Nf3 on the 24th day d:7:1b, i p.m; W ovr ;oh' Weppinper$ vVepphpe(.F��'!k,atwfrofi f Joan Miller ,,,,,,, of the all parties In and epham;t................................................. shall= as Mof ' „ , apro- Town of Wappinger, Dutchess County, New York, posed L-"O,,law' M oa(LAW. Amendt7p t»ca► Ilt! of th titi.r being duly sworn, says that he is, and at the several 1891 RepuwtYq 71tM�0 and Parklnp PLEA AIME �a wr,pf�wNOT times hereinafter was the ..... Haokkie.ep er...... PlF_ASE�?AKfa NOTICE � thatthepurpoee athepro poeed� amiss of the SOUTHERN DUTCHESS NEWS, a section 3 Q�:Locat` ih.%W is and `i i a , newspaper printed and published every Wednesday sarpisrJowdy amended.:jI by adding the f. deeF in the Town of Wappinger, Dutchess County, New noted fuM MOP W"15_. tion with York, and that the annexed NOTICE was duly Kent Road at itweoutltbotrW Mer- , sectionwMCsnlns1 vanw.-,.:, published in the said newspaper for on9.... weeks Kent Road wilh Its bntbound Inter section with Apple aim Lane `,. PLEASE TAKE FURRIER NOTICE successively in each week, commencing on the '.that tM Tbwn Bard hu determNud that purswnt to a NYCRR 817.5 (o) ... 12th day of ....,May......... 19.99 and on the (10) the proposed adoption of the 11 ctionnn � g.«rwrot`nml following dates thereafter, namely on review pursuant to the State Environ- mental OuaNty Review Act (SEORA) and, accordinpiIp no environmental................................................................. review has been underleken. PLEASE TAKE FUFgHER NOTICE ` and ending on the .1.2 th...... day of ..Max...... that copies ol said L.oa:t :saw N_ °"heYew1°°�e"'p'niMi*for ' ' 1999. both days inclusive. view and .i: Ih.>onb. or Y the TOM CI "MMkdgye from 5:304m to*00. �t JMr7bwn ' r HdI,k20'M alt :l�hp-,. ping Dated: Mty�10.. ..... . .... . .. ..... I3Y ORDEROTHE?OWN DOARD OF THE TOWN OF WAPPINOER _€itAltfE H. SNOWDEN. TOM CLERK Subscribed and sworn to before me this ...1,2th.. day of !Wa....... . Notary Public My commission expires ................................. PACHEL WISHART NU ARY PUBLIC, STATE OF NEW YORK QUALIFIED 1W DOCHESS COUNTY 0 14-1855902 0–VMWISSION EXPIRES MARCH 31,