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1998-03-23 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MARCH 23, 1998 7:30 P.M. - - - - - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept minutes: Reg. Feb. 23, 1998 Workshop Feb.9,1998 4. REPORTS OF OFFICERS: Sup/Compt Receiver of Taxes - .Jan -Feb - Town Justices Bldg. Insp. Zng. Adm. Spervisors ANNUAL Report Town Justices ANNUal Report Dog Control Officer Jan. 5. PETITIONS & COMMUNICATIONS a. John Railing, Adm. Tri -Muni Comm. re: High Influent concentrations at facility b. Joseph Margo.gliese, PE, NYSDEC re: Montclair Townhouses & appropriate Sewer District c. Eleanor Crosh ier Sect'y, Hughsonville Fire Dist. Re: appoint- ment of Michael Cacace to T/W Fire Prevention Bureau to fill out Anthony Capone's term d. Robert Monaco, 27 Doyle Drive, re: drainage/Stream problem on his property e. Mark Liebermann.&John Morgan request permission to attent Code Enforcement Conference April 29 -May lst- Fishkill f. Notification of intent to renew liquor license from Elks Lodge #2609, Rte 376. g. Resignation of Frances Chyou from bldg. Dept. h. G. Foster, H. Supt, re: State bid for 1998 Blacktop i. Debra Brown, W/S Clerk Report on Billing History for White Gate Condos j._..-J.osepliLaScolea"requests credit for late fee paid on..d"eased fathers W/S bill k. Nancy DeVillio, 39 South Ave., re: revising Senior Center to accomodate more Senior citizens participation 1. R. Holt, Rec. Ch. re: Request to dedicate a Field at Robinson Lane in memory of A. A. Kersting. M. R. Holt, Rec. Ch. Re: Bid results for: (1) Chipper, and (2) Commercial Mower, and request for permission to obtain P.O.'s on same U. Jennifer Van Tuyl, Esq., request for Rezoning of Parcel off Orchard Drive - DeLuccia/Humeston (w/escrow fee check attached)] o. Dutchess co. Community development Action Plan Correspondence on accepted projects p. Proposals for T/Hall lawn & Landscpe maintenance q. Corr from Russell W. Wolensky re withdrawal of Special Use Permi w/ response from J. Paggi (Classic Contracting & Electric) 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT a. Zng. Adm. report 8. RESOLUTIONS a. Introduce Local Law for amendment to W/S late fees - set Public b. Vacancy on Board of Assessment review Hearing c. Vacancy on Zoning Board of Appeals - w/ A. Lehigh letter d. J. Ruggiero - his appointment for Board of Ethics e. Introduce Local Law for Cell Towers & set Public Hearing -(1, 'rcx�­e(O k a t—ocCIAeP(&,.JL11N- Sri (',H. 9. UNFINISHED BUSINESS Arlene Cole - Rockingham Easement trench. 10. NEW BUSINESS 11. ADJOURNMENT 032398.RGM The Regular Town Board Meeting of the Town of Wappinger was held on March 23, 1998 at the Town Hall, 20 Middlebush Road, Wappingers Falls, NY. Supervisor Smith called the meeting to order at 7:40 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: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Supervisor requested all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Regular Meeting of February 23, 1998 and Workshop Meeting of March 9, 1998 having previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILMAN BETTINA moved that the above stated minutes as submitted by the Town Clerk, be and they are hereby approved. Seconded by Mr. Ruggiero Motion Unanimously Carried There was some discussion by Mr. Valdati regarding a statement made by Supervisor Smith in a portion of the minutes from the meeting of November 10th, 1997, on the budget. At that time he requested a transcript of the statement, verbatim, which he received. Mr. Valdati said the statement in the minutes appeared contrary to the verbatim transcript statement that he received and it was his belief that the minutes were thus recorded incorrectly. There was some discussion, and Mr. Valdati requested the Town Clerk to forward a copy of the verbatim statement made by Supervisor Smith, to each of the Board Members before approving the minutes of November 10th, 1997. COUNCILMAN RUGGIERO moved to authorize Attorney to the Town ,Al Roberts, look into minutes procedures and draft an opinion letter to the Board. Seconded by Mr. Bettina Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of February were received from the Receiver of Taxes for January and February, Supervisor/Comptroller, Building Inspector, Town 1 032398.RGM Justices Annual Report, Supervisors Annual Report, and Dog Control Officer Report for January. COUNCILMAN RUGGIERO moved to accept the reports and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried SUPERVISOR SMITH informed the Board that the Supervisors Report has been filed with the County Clerk, the County Controller and the State Controller. PETITIONS & COMMUNICATIONS Correspondence from John Railing, Administrator for the Tri -Municipal Commission advising of the Board that the Tri -Municipal Wastewater Treatment Facility has, on a least three occasions, experienced high concentration of Influent Wastewater coming to the Treatment Plant. There is a possibility, based on the occurrences on January 22, February 3 and February 8, that we may be experiencing the result of someone dumping a highly concentrated material down the sewer, i.e. sludge/truck discharge. He is requesting that the town water/sewer departments and law enforcement representatives keep a sharp eye out for strange activities around manholes that might indicated the possibility of such an illegal disposal operation. Should we find any such incidence occurring or see any operation that does not look to be legitimate, please take any action deemed necessary and also contact this office to discuss the matter further. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Joseph Marcogliese, P.E. for the New York State Department of Environmental Conservation requesting the status of evaluating the inclusion of Montclair Townhouses into the Town Sewer District. Supervisor Smith informed the Board that this issue was discussed at the last workshop and a meeting is set for March 30, 1998 with Gail Bennett, of Montclair. COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Eleanor Croshier, District Secretary of the Hughsonville Fire District, advising the Board that Michael Cacace has been 61 032398.RGM appointed to replace Anthony Capone on the Fire Prevention Bureau. His appointment will be to finish out Mr. Capone's term. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Robert Monaco of 27 Doyle Drive, requesting the Board to authorize Graham Foster, Highway Superintendent to take action on a drainage report by Paggi and Martin, regarding the drainage/stream problem on his property. It appears that the open stream has caused some erosion of the stream bank on the Monaco property at the northwest corner of the lot. COUNCILMAN RUGGIERO moved to authorize Engineer to the Town, Jay Paggi, go stake out the property lines in the area first and report back to the Town Board with his recommendations and a cost estimate. Seconded by Mr. Valdati Motion Unanimously Carried A memorandum from John Morgan, Building Inspector, and Mark Liebermann, Fire Inspector, requesting the Boards permission to attend the 1998 Hudson Valley Code Enforcement Education Conference to be held at the Holiday Inn in Fishkill, from April 29th to May 18t, 1998. The conference time accounts towards the 24 hours per year in service training required by New York State in order to maintain code enforcement certification. The cost is $165 per person. COUNCILMAN BETTINA moved to approve the request for John Morgan, Building Inspector, and Mark Liebermann, Fire Inspector to attend the 1998 Hudson Valley Code Enforcement Education Conference on the days requested, and their legitimate expenses charged to the town. Seconded by Mr. Valdati Motion Unanimously Carried Notification of intent to renew a liquor license was received from the Wappinger Elks Lodge #2609. COUNCILMAN VALDATI moved to accept the notification of intent to renew the liquor license from Wappinger Elks Lodge 2609, and place it on file without comment. Seconded by Mr. Bettina Motion Unanimously Carried The resignation of Frances Chyou, Data Entry Clerk I in the Building Department was received, effective March 9, 1998. Supervisor Smith explained that the Civil Service list has been exhausted, and she is advertising for the position. There are twelve interviews forthcoming. 3 032398.RGM COUNCILMAN RUGGIERO moved to accept the resignation, and authorize Supervisor Smith to send a letter of thanks. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Graham Foster in regard to the purchase of blacktop for the 1998 season. As Mr. Foster was preparing to re- bid for the 1998 blacktop, it was brought to his attention, that a State Bid existed. This bid is used by NYS Department of Transportation as well as several of our neighboring communities and satisfies our requirement to go to bid. Mr. Foster is recommending that we purchase our 1998 blacktop from the state bid contract #P052890, as per attached. COUNCILMAN BETTINA moved to authorize Graham Foster, Highway Superintendent to go to State Bid for the purchase of blacktop for the 1998 season. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Debra Brown, Water/Sewer Clerk report on the billing history of White Gate Condo's. Please be advised, that prior to the quarter 10/1/96 to 12/31/96, the management company was Emerald Management, not Turn Key who paid past billings. Therefore, a prior history would be of no help for Turn Key. The first billing Turn Key paid was on time. The second billing was for service period 1/1/97 to 3/31/97 for $5,500 and this is the billing they claim the check was mailed and lost. Turn Key was then billed for the quarter 4/1/97 to 6/30/97 for $5,500 with a past due of $5,500, plus penalty of $550. A total of $11,550 was paid on 8/5/97, under protest. Discussion followed. Several of the members expressed concern because the subject of waiving penalty fees came up at a prior meeting, and the Board denied waiving the fees. Mr. Bettina felt we should meet Turn Key half way. COUNCILMAN BETTINA moved to waive % the penalty fee and only charge Turn Key $275 penalty. Seconded by Mr. Ruggiero Roll Call Vote Supervisor Smith Vote Nay Councilman Valdati Vote Nay Councilman Bettina Vote Aye Councilman Ruggiero Vote Aye Councilman Paoloni Vote Aye Motion Carried COUNCILMAN BETTINA moved to authorize Supervisor Smith send a letter to Turn Key Management, notifying them of the Boards decision. .19 Seconded by Mr. Paoloni 032398.RGM 9 Motion Unanimously Carried Correspondence from Nancy DeVillio of 39 South Avenue, requesting the Town to revise the Senior Center to allow more Seniors to participate. Mrs. DeVillio is 75 years old, and has been put on a waiting list. She feels that a majority of the Seniors are being left out. COUNCILMAN VALDATI informed the Board that he visited Mrs. DeVillio and spoke to her on this issue. He contacted Mr. Holt and explained his concerns on the Senior Citizen Program. He finds it very difficult to explain to a 75 year old that they must be put on a waiting list. Mr. Holt assured Mr. Valdati that he had a task force studying this and he would come up with an alternative and present proposals. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Ralph Holt with a request from the Town of Wappinger Little League Association to dedicate a field in memory of Mr. Aloysius A Kersting. This past February, Little League and our Town lost a gentleman that was a significant volunteer to the Little League program. Most of us on the Recreation Commission knew Al Kersting and are witnesses to the effort he put forth in support of the Little League program. We all feel the naming 6W of the field that he (Al) spent so time working on in his memory, is appropriate. The field in question has been know simply as SL -1 (Senior League 1). If approved, the Little League would provide a sign and it will meet specifications provided in their dedication procedures. Little League is hopeful that with the Town's approval, they can recognize Mr. Kersting at their opening day ceremonies at Robinson Lane on April 18, 1998. The Recreation Commission supports this request and requests the Towns approval for this tribute. COUNCILMAN VALDATI moved to authorize Mr. Holt, Recreation Chairman to assign the name of A. A. Kersting to field SR -1, as requested by the Town of Wappinger Little League. Seconded by Mr. Bettina Motion Unanimously Carried Several Requests for P.O's from Recreation Chairman, Ralph Holt. The first request is a P.O. payable to Ralph C. Herman Co., Inc. in the amount of $12,598 for a chipper. Two estimates were received, Ralph C. Herman Co. Inc., being the lowest. The funds to come from Recreation Equipment A- 7110.2 5 P, 032398.RGM COUNCILMAN VALDATI moved to approve the P.O. in the amount of $12,598.00 payable to Ralph C Herman Co., Inc., for the purchase of a chipper, they being the lowest bid. Seconded by Mr. Ruggiero Motion Unanimously Carried The second request for a P.O. received from Mr. Holt is for a commercial mower. Two Bids were received. Adams Power Equipment for a John Deere F-935 with a bid of $12,489, and E.T. Equipment Company for a Excell Hustler Model 3200 with a bid of $12,453. After reviewing the bids, the Recreation Commission requests that the bid from Adams Power Equipment for the John Deer mower be accepted. Recreation has used John Deere mowers for many years and are familiar with their operation, upkeep, and repair. The parts would be similar in some cases to what we use on the equipment which we already have. Although the bid for the Hustler Model 3200, came in lower, it has a one hand trim steering. We feel the wheel movement of the John Deere would be better and safer than the stick movement of the Hustler Model 3200 for our operators. Therefore, Mr. Holt requests permission to obtain a P.O. to Adams Power Equipment for $12,489, with the funds to come from Recreation Equipment A-7110.2. There was some discussion, and the Board consulted with Attorney to the Town, Al Roberts if a higher bid could be accepted, and Mr. Roberts informed them that you are supposed to take the lowest bid, assuming both units meet the specifications. COUNCILMAN VALDATI moved to table the bids for the commercial mower until the Board receives a copy of the actual bid specs to see if there is any difference. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is a request from Jennifer VanTuyl on behalf of Mr. DeLuccia and Mr. Humeston, to rezone a parcel of land off Orchard Drive. Also enclosed with the request is a check for $1,500 for escrow review fees on the rezoning application. Mr. Roberts went on to explain, when this piece of property was shown on the subdivision maps, they inaccurately reflected the condition of that portion of the road, it did not show it as a road at that point in time. When it came into town hall, no one knew what occurred. In terms of sequence of time, we had a highway by use, then the deed came in, and the road by use takes precedence over the timing over the deed submission. We are getting an affidavit from Glen Heady, of Highway to support the position of Ms. VanTuyl. C: 032398.RGM COUNCILMAN BETTINA moved to refer this request to the Planning Board for an informal review and recommendations, and authorize Attorney to the Town, Al Roberts, prepare the necessary papers for the introduction of a local law for the next town board meeting. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from the Dutchess Community Development Action Plan with a list of proposed 1998 CDBG and HOME projects. The project chosen for the Town of Wappinger CDBG for 1998 is the Handicap Accessibility for Schlathaus and $21,750 has been allocated for this project. Supervisor Smith explained that we were only allowed one project, although we were able to submit more than one. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The next item for the Boards consideration is the proposal for the Town Hall lawn and maintenance. Supervisor Smith informed the Board that several were sent out, and Lehigh Lawn and Landscaping was the only proposal received. COUNCILMAN RUGGIERO moved to accept the proposal from Lehigh Lawn F and Landscaping to service the Town Hall, they being the only bid, and authorize the Supervisor to sign the agreement. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Russell W. Wolensky regarding his withdrawal of a Special Use Permit for 49 Old Route 9, Wappingers Falls. He feels it has become an expensive and burdensome task to please the Planning Board. After redrawing the site plans three times it became apparent that no advance in his schedule would be possible until Paggi & Martin did a Topographic survey only to confirm no change of the site was instituted. In response to Mr. Wolensky's letter of February 16, 1997, Jay Paggi, Engineer to the Town informed the Board, that there was only one submission to the Town Planning Board that was made and received by his office on November 3, 1997. His office performed one (1) review dated November 4, 1997, and transmitted it to the Planning Board. As part of that review, we stated that the map must have a certified property and topographic survey prepared and submitted to be in conformance with the existing Zoning Law for Site Plan application. This is a standard comment, and is one that is necessary for all site plan submittals. This topographic survey is done by the Applicant's 7 032398.RGM Professional, not our office. For the record, our review was made in a very timely manner (one day review time) and consisted of only standard requirements listed within the current regulations of the Zoning Law. The site plan was in no way held up "until Paggi & Martin did a topographic survey". COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN PAOLONI had no reports at this time. COUNCILMAN RUGGIERO, on Tri -Muni. He informed the Board that the meetings have been changed to Tuesday, and he plans to attend from this point forward. COUNCILMAN VALDATI on the Library. He received their schedule, and plans to attend the meetings and will report back to the Board. COUNCILMAN BETTINA had no reports at this time. SUPERVISOR SMITH has several reports, first she wished to have it in the record that DEC was terrific with the Town of Wappinger in obtaining the Fleetwood Water Permit. Mr. Paggi explained, in furtherance of the connection between the Fleetwood Water District and the Village of Fishkill water distribution system, we had to apply for a water supply permit with the DEC. Its a rather lengthy application, and he copied the bore on the cover letter that was sent. He placed one copy in Supervisor Smith's office, and one copy in the Town Clerks office. The application was filed with DEC on March 6th, and we received the Water supply permit on March 13th. The normal waiting period for a permit of this type is in the neighborhood of 1-2 months, and we received our permit within one week. Mr. Paggi would like permission to draft a letter to DEC acknowledging their cooperation in this effort. COUNCILMAN BETTINA moved to authorize Mr. Paggi to draft a letter to the DEC acknowledging their effort in obtaining the water supply permit. Seconded by Mr. Valdati Motion Unanimously Carried SUPERVISOR SMITH and Jay Paggi met with Mike Murphy, City Manager of the City of Poughkeepsie, and he was interested in selling the Town of Wappinger some water in the Chelsea area. Mr. Paggi sent for a report, and we will be having a workshop with Mr. Murphy to discuss this matter. SUPERVISOR SMITH on the Nicca Golf Course. They had presented us a proposal at one time, and it was never quite clear what they wished to have 032398.RGM done. Attorney to the Town, Al Roberts has suggested that she write them a letter, and ask them to prepare a proposal for us. COUNCILMAN RUGGIERO moved to authorize Supervisor Smith send a letter to Nicca Golf Course requesting a proposal. Seconded by Mr. Valdati Motion Unanimously Carried SUPERVISOR SMITH also informed the Board that she placed an ad in the newspaper for the Comptrollers position, but no one has applied, and Mrs. Buckley will be leaving on the 31st. Mrs. Smith informed the Board that she would have to bring the check register and abstract to each meeting and the Board would vote on paying those bills on the abstract for the time being. A LETTER of resignation was received from Ann Buckley, Comptroller for the Town of Wappinger, effective March 31, 1998. Mrs. Buckley is also requesting compensation for her remaining vacation time. COUNCILMAN BETTINA moved to authorize Supervisor Smith send Mrs. Buckley a letter of thanks for her many years of service with the town. Seconded by Mr. Valdati Motion Unanimously Carried SUPERVISOR SMITH reminded the Board that once again, the Town of Wappinger would be using Budd's Party Tents for the Memorial Day festivities at the Monument. It will cost $1,516 for the rental of the tents and chairs. Unfortunately there are not enough funds in Statue to cover the rental. She would like authorization to take the funds out of Celebrations to cover the cost. COUNCILMAN RUGGIERO moved to authorize $1,516 to come out of Celebrations to cover cost to rent chairs and tents from Budd's Party Tents for the Memorial Day festivities. Seconded by Mr. Bettina Motion Unanimously Carried BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of February on the schedule of Bonds and Letters of Credit on the various sub -divisions, the amounts, expiration dates and call up dates. COUNCILMAN BETTINA moved to accept Mr. Close's report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN VALDATI said he spoke to Mr. Close about Mrs. Krysty's deposition that she had sent to the town hall. Mr. Close would forward her a N 032398.RGM letter informing her of any violations of the towns zoning ordinances as per conversation with Mr. Valdati. COUNCILMAN BETTINA informed Mr. Close he had received some complaints about the debris at the gas station on the corner of Old Hopewell Road and Route 9. Would he please investigate this in his travels. COUNCILMAN VALDATI asked Mr. Close for the status of property on Old Route 9, on the Schuntzle property. Mr. Close responded that there were two engineers involved, one got very sick, and the other engineer is trying to pick it up. Mr. Close said he would write a report and send it to the Board and give the owners a 30 day deadline. RESOLUTIONS Next is the introduction of the Local Law to amend the Water/Sewer late fees, and to set a Public Hearing. The following resolution was moved by Councilman Ruggiero and seconded by Councilman Bettina. WHEREAS, the Town of Wappinger has had a policy of charging a Ten (10%) Percent late penalty for failure to pay sewer and water charges on a timely basis; and WHEREAS, pursuant to Section 198 (3)(d) of the town Law and Section 452(5)(d) of the General Municipal Law, the Town is allowed to charge late penalty assessments for failure to pay sewer and water charges on a timely basis; and WHEREAS, the Town Board wishes to amend and formalize its policy of charging a 10% late payment penalty on all unpaid sewer and water charges. WHEREAS, the Town Board has determined that it is in the best interests of the welfare of the people of the Town of Wappinger to permit the Town to formalize its late penalty assessment policy for sewer and water charges. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law #_ of the Year 1998 in the form annexed hereto. 2. The Town Board hereby determines that the proposed action, that is the introduction of the aforementioned Local Law, is not an action that may affect the environment, and accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law #6 of 1992 or pursuant to 6 NYCRR part 617, and that no formal environmental review is therefor required because the adoption of this Local will have absolutely no effect upon the environment. 10 032398.RGM 3. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #_ of 1998 to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 27th day of April, 1998 at 7:00 o'clock p.m., and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Robert Valdati, Councilman Joseph Ruggiero, Councilman Vincent Bettina, Councilman Voting Aye Voting Aye Voting Aye Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. Next is the vacancy on the Board of Assessment Review. Supervisor Smith informed the Board that Ismay was to be appointed to fill the unexpired term of Bernice Morris last year but she missed the course that she had to attend. She plans to take the course April 28th at 12:00 o'clock or April 30th at 6:00 p.m. Mr. Ruggiero wished to know how she was allowed to stay on the BAR if she was not qualified. There was some discussion and Mr. Roberts explained that Ismay sat in at the grievance procedures but she did not vote. The Board wished to meet Ismay first, at one of the workshops before she goes to school. COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to advertise for the BAR position in the newspaper as soon as possible. Seconded by Mr. Valdati Motion Unanimously Carried Next is the vacancy on the Zoning Board of Appeals, with a letter from Al Lehigh apologizing for missing the workshop meeting on March 9th. He wished another appointment for an interview. He was interviewed prior to tonight's meeting. Because there were two candidates interviewed for the position, the Board wished to have more time before making a decision. COUNCILMAN RUGGIERO moved to table the appointment to the Zoning Board of Appeals. Seconded by Mr. Bettina Motion Unanimously Carried Next is Mr. Ruggiero with his nomination for a candidate for the Board of Ethics. Mr. Ruggiero wished to nominate Arlene Kovalsky of 17 Larissa Lane as his candidate to the Board of Ethics. Next is to introduce a Local Law for Cell Towers and set a Public Hearing. 11 r 032398.RGM The following Resolution was moved by COUNCILMAN VALDATI and seconded by Councilman Bettina. WHEREAS, the citizens of the Town of Wappinger have expressed significant concern regarding the location, aesthetic effects and impacts of Wireless Telecommunications Facilities that may be constructed within the Town of Wappinger; and WHEREAS, the Town has received several investigative inquiries regarding the placement and construction of Wireless Telecommunications Towers, Antennae and related facilities in the Town, and two applications for Wireless Telecommunications Towers had been submitted to the Planning Board for review; and WHEREAS, the Town Board has determined that the Town Zoning Law does not contain adequate provisions relating to the establishment, location, approval and control of Wireless Telecommunications Towers, Antennae and related facilities due to significant changes in telecommunications technology since the enactment of the Zoning Law; an WHEREAS, on November 10, 1997, the Town Board adopted a local law entitled the "Cell Tower Moratorium" which adopted a temporary 120 -day moratorium on the approval, establishment, placement, construction, enlargement and erection of Wireless Telecommunications Towers, services and facilities in the Town in order to allow the Town to undertake the evaluation, consideration, public discussion and possible implementation of new Zoning Regulations relating to same in a timely fashion; and WHEREAS, the Town Board has hired a telecommunications professional to assist in developing, promulgating and adopting standards and requirements for the regulation and placement of Telecommunications Towers, Antennae and personal Wireless Service Facilities in the Town; and WHEREAS, the Town Board of the Town of Wappinger has determined that the Town of Wappinger Zoning Law requires updating and correction for the regulation and placement of Telecommunications Towers, Antennae, and Personal Wireless Service Facilities; and WHEREAS, the Town Board has authorized the preparation of recommended revisions and amendment as part of comprehensive updating of the Town's Zoning Law; and WHEREAS, the Town Board has currently before it proposed comprehensive revisions to the Zoning Law with respect to the regulation and placement of Cell Towers, Telecommunications Towers, Antennae, and Personal Wireless Service Facilities; and WHEREAS, the Town Board has determined that the proposed action, that is, the adoption of comprehensive revisions to the Town's Zoning Law IV 032398.RGM regarding the regulation of Cell Towers, Telecommunications Towers, Antennae and Personal Wireless Service Facilities, is a Type I Action pursuant to Article 8 of the Environmental Conservation Law, Part 617, NYCRR (commonly Known as "SEQRA') and respect to the provisions of Local Law No. 6 of the year 1992; and WHEREAS, the Town Board has determined that the proposed Local Law is an Action for which there are no other involved agencies and that the Town Board is therefore the Lead Agency for this Action. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law #_ of the Year 1998 in the form annexed hereto; it is the express intent of the town Board that except as specifically modified by the proposed amendments contained therein, the Zoning Law of the Town of Wappinger as originally adopted and amended from time to time thereafter is to remain in full force and effect and is other wise to be ratified, readopted and reconfirmed. 2. The Town Board of the town of Wappinger has reviewed the intended Action with respect to the criteria set forth in Article 8 of the Environmental Conservation Law, Part 617 NYCRR and with respect to the provisions of Local Law No. 6 of the Year 1992, and hereby determines that the intended action is a Type I Action pursuant to both Part 617 NYCRR and Local Law No. 6 of the Year 1992. 3. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself LEAD AGENCY PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6 PART 617 NYCRR. 4. The Town Board has caused to be prepared and completed Part 1 and Part 2 of the long form Environmental Assessment Form (EAF) for this project in the form annexed hereto. However, the Town Board has not made a Determination of Significance of this project and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of Public Hearing(s) on the proposed Zoning Law amendments. 5. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law #_ of 1998 for 7:15 p.m. on the 27th day of April, 1998, and the Town Clerk is directed to publish notice thereof in the Town's official newspaper not less than ten (10) days prior to the said Public Hearing date. 6. The Town Board further directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this Resolution the annexed proposed Local Law and 13 032398.RGM the Notice of Public Hearing to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this Resolution, the annexed proposed Local Law and the Notice of Public Hearing to the Dutchess County Planning Department for advisory review in accordance with Section 239 of the General Municipal Law; and c. To distribute a copy of this Resolution, the annexed proposed Local Law and the Notice of Public Hearing to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 600.2 of the Zoning Law of the Town of Wappinger prior to said Public Hearing. The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance O. Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye The Resolution is hereby duly declared adopted. UNFINISHED BUSINESS Additional correspondence from Arlene Cole of 4 Scott Drive satisfying her thirty day obligation to notify the town that there are rats living in the easement trench that runs through Rockingham Farms where it borders her property. She is notifying the town, if town workers do anything to disturb the nesting areas of the rats to migrate onto her property, she will hold the town responsible for this occurrence and will expect the town to pay for any damages to her property, including any expenses that may occur in the course of eradicating the rats from her property. In addition she is requesting thirty days prior notification from the town informing her of the date and time any town workers will be in proximity of the easement bordering her property as well as the purpose form being there. She must have this information so she can videotape the rats as they are leaving their natural nesting areas and running onto her property. COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN RUGGIERO received a phone call from Mr. Jim Whalen of Carroll Drive regarding the eroding wall. Mr. Paggi, Engineer to the Town, explained that he completed a report and the report is for a permanent fix, 14 032398.RGM however it first states that a significant amount was done by Mr. Foster, and that it might be in the best interest of everyone to wait a season to observe what effect the climatic change has on the heavy stone that was placed there, and allow some runoff to see if there is any future erosion. The work that was done, may be the permanent solution. COUNCILMAN VALDATI regarding several letters from Craig O'Donnell. He requested the minutes of October. Mrs. Snowden, announced that Mr. O'Donnell did receive a copy of the October minutes. Mr. O'Donnell also said he received no response from his letters dated 12/08/97 and 12/29/97. SUPERVISOR SMITH told Mr. Valdati that Mrs. Buckley did respond to Mr. O'Donnell. She also went on to explain, that the money Mr. O'Donnell is requesting, is fees, and we are planning to hold a workshop on fees. NEW BUSINESS COUNCILMAN PAOLONI on the condition of Old Hopewell Road. It is a county road, does the town have any clout in getting the road repaired. Graham Foster said he will check with Charlie Traver first, to see if Old Hopewell Road is on their schedule for repair. If is not on their schedule, the Board can send them a letter with a request. COUNCILMAN BETTINA had several residents complaining about the speeding on Chelsea Road. There also have been several accidents. He would like to lower the speed limit. Mr. Foster informed him, there is not much we can do, it is a county road. COUNCILMAN BETTINA moved to authorize Supervisor Smith send a letter to DOT requesting they reduce the speed on Chelsea Road. Seconded by Mr. Valdati Motion Unanimously Carried At this time 9:30 p.m. COUNCILMAN BETTINA moved to go into Executive Session in order to discuss negotiations, and personnel. Seconded by Mr. Ruggiero Motion Unanimously Carried The meeting reconvened at 10:20 p.m. with all board members present. There was no action taken at the Executive Session. COUNCILMAN PAOLONI moved to close the Town Board meeting, seconded by Mr. Bettina, and unanimously carried. The Town Board Meeting closed at 10:20 p.m. Elaine H. Snowden Town Clerk 15