1997-12-22 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
DECEMBER 22, 1997
7:30 P.M.
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
I
PIXI)GI!, AI,IXGLANCE TO FLAG
3. Accept Minutes Reg. Nov. 24, 1997 December 8, 1997 i
i
4. REPORTS OF OFFICERS Sup/Comps Town Justices Receiver of Taxes
Bldg. Insp. Zng. Adm. Dog Control Officer for Oct. & Nov. (No
Report filed for Sept) j
5. PETITIONS & COMMUNICATIONS
a. Melissa Morrissey, Marlorville Rd., re: loose dogs in their area
b. Thos. Miller, P.E., NYSDEC torr. re: Acknowledgement that the
revised Castle Point Landfill Closure schedule is acceptable j
C. Request for return of escrow fee from: (1) Robert Morse, Smithtown'
Rd. for $500 Road opening permit (2) Craig O'Donnell, $1,000
Driveway Bond for Lot #4 Lee Knolls
d. J. Paggi, P.F.., Eng. to Twn. Reports: (1) Myers Corners Road
Realignment (2) liana Place Right -of -Way
e. Shirley Solomon, Franton Drive, Request for Filters for her water
f. Jennifer Van Tuyl, Attny., representing Nick DeLuccia & Roger
Humeston request for a rezoning of a 1.4 parcel on Orchard Drive
from R-40 to R-20
g. J. Paggi, Eng. to Town, Report on CWWIA#1 Well production capacity
Analysis of the Hilltop Source.
h. J. Paggi, Eng. to Town, Report on the Analysis of Montclair Road
vs Town of Wappinger Highway Specifications
i. Set date for Reorganizational Meeting and Year End meeting
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT Zng. Adm. Report
8. RESOLUTIONS
a. Consider adoption of Local Law for Rockingham 0 & M
b. Consider adoption of Local Law for Wappinger Sewer Imp. 0 & M
C. Consider adoption of resolution for CD funds application
d. Fleetwood Bonding and set date for Public Hearing
?. Congregate Care Home
f. Request. from A. Buckley, Compt., for Budget Amendments
9. UNFINISHED BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT
REMINDER 11: INTERVIEWS BEGINNING AT 6:30 p.m.
REMINDER 12: Public hearings start at 7:15 P.M.
N7L
122297.RGM
The Regular Meeting of the Town Board of the town of Wappinger was held
on December 22, 1997 at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York. Supervisor Smith called the Meeting to order at 8:02 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Vincent Bettina, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Absent:
June Visconti
The Supervisor requested all to join in the Pledge of Allegiance to the Flag.
MINUTES
The Minutes of the Regular Meeting of November 24, 1997 and Bi -Monthly
Meeting of December 8, 1997 having previously been forwarded to the Board
Members, were now placed before them for their consideration.
COUNCILMAN RUGGIERO moved that the above stated 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 November were received from the Town Justices,
Supervisor/Comptroller, Building Inspector, Zoning Administrator, and Dog
Control Officer for October & November.
COUNCILMAN RUGGIERO moved to accept the reports and place them on
file.
Seconded by Mr. Valdati
Motion Unanimously Carried
PETITIONS & COMMUNICATIONS
Correspondence from Melissa Morrissey of 7 Marlorville with a complaint
about the loose dogs in the area. There are four Rottweilers living down the
road from her, and one evening while driving home, three of them were
running down the road. She stopped her car and beeped her horn hoping the
owner would hear the horn and come out, which he did. There are many
young children in the area, and for safety reasons, Mrs. Morrissey feels a
strong message should be conveyed to the owner to make sure he never lets
these dogs out again. Supervisor Smith said she spoke to the dog warden,
who already knew about this incident, and she did warn the owner of the
1
122297.RGM
dogs. COUNCILMAN VALDATI informed the Board that he had spoken to
Mrs. Morrissey and also called the dog warden. The dog warden said she
spoke to the owner and told him she would issue a citation if this occurred
again. Mr. Valdati also encouraged the dog warden to contact Mrs. Morrissey
to inform her that he Town is taking some sort of action on this matter.
There was some discussion regarding the leash law in the Town of
Wappinger. The dog must be under full control of the owner, otherwise it
must be on a leash. Mr. Roberts, Attorney to the Town announced that they
are rewording the Ordinance so it will be done in time for the codification.
Mrs. Snowden, Town Clerk informed the Board how many dogs were allowed
by law, to be harbored in each home. A kennel can have any number of dogs,
but it must be in the proper zone, and each dog must be caged, it is never
allowed to run loose. That is part of the state law for breeders purposes.
COUNCILMAN VALDATI moved to accept the correspondence and place it
on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence from Thomas Miller, P.E. with the NYSDEC with a response
to the revised Closure Schedule for the Castle Point Landfill submitted by
Paggi & Martin November 26, 1997. The revised schedule which projects a
July 31, 1998 substantial completion date is acceptable.
COUNCILMAN RUGGIERO moved to accept the correspondence and place it
on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
Two requests for the return of Escrow. The first request is from Robert
Morse, Smithtown Road, $500 for a Road Opening Permit. The Second
request is from Craig O'Donnell Lot #4 Lee Knolls, $1000 for a Driveway
Bond.
COUNCILMAN VALDATI moved to approve the return of the escrow in the
amount of $500 to Robert Morse, and $1000 to Craig O'Donnell, based upon
the recommendations of the acting Building Inspector, and Highway
Superintendent.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next are several reports from Jay Paggi, Engineer to the Town. The first
report concerns the Myers Corners realignment from Route 9 to Henry Drive.
Mr. Paggi received a call from Ed Waaler, Assistant CE of the DC
Department of Public Works. Mr. Waaler informed Mr. Paggi that the bids
for this realignment project will be opened on Wednesday, December 3, 1997
0
122297.RGM
and reviewed, and in all likelihood, be awarded early in 1998. According to
Mr. Waaler, some of the work will commence during the late winter months
of 1998 with the roadway construction starting in the Spring. As soon as the
low bidder has been selected, they will inform the Town so that
arrangements can be made for the raising of the Town Sewer manholes.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
As requested, Mr. Paggi prepared a survey map and staked out the right-of-
way for the east side of Dana Place. According to Mr. Paggi's report, the
property in question is on Town Property.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Bettina
MR. FOSTER informed the Board that he will only repave the disturbed area
of the driveway when the job is completed, not the entire driveway.
Motion Unanimously Carried
The following correspondence was received from Shirley Solomon of 10
Franton Drive. Mrs. Solomon is in the Fleetwood Water District, and since
1975 the quality of water supplied to her home has been unacceptable. In
order to remedy this, CAMO Pollution began sending someone to her home
three times a week to flush water through her garden hose for one to two
hours, each time. This became time consuming and expensive for CAMO. As
an alternative, they installed a water filter in her home and someone from
the water district came every few weeks to change the cartridge in the filter.
In time she was asked to change the filter herself. Mrs. Solomon was
recently informed that the Town would no longer provide her with filters.
While she understands that there is an extra expense associated with this
she feels that because she uses very little water, and does live alone she does
end up subsidizing other users. She is now being asked to purchase her own
filters, which she cannot afford to do. SUPERVISOR SMITH went on to
explain, that when Lou Diehl was Supervisor, he provided Mrs. Solomon
with filters, and she feels she should still be provided with free filters. Mrs.
Smith tried to explain to her that if we provided her with filters, we would
have to provide everyone with filters. She also explained that we would have
a solution for the Fleetwood Water problem in the near future, and then she
would no longer need the filters.
COUNCILMAN BETTINA moved to accept and place on file and authorize
Supervisor Smith send a letter informing we can not honor her request.
Seconded by Mr. Valdati
Motion Unanimously Carried
3
q
e 122297.RGM
Correspondence from Jennifer VanTuyl, Attorney representing Nick
DeLuccia and Roger Hummeston regarding a rezoning of a 1.4 acre parcel
from R-40 to R-20. Mr. DeLuccia and Mr. Hummeston are contract vendees
of a parcel of land located at the end of Orchard Drive, off Ardmore Road, just
east of Spook Hill Road. They are interested in developing a small 3 lot
subdivision on the property. While one lot can readily conform to the R-40
standards, the other two lots would require a change in zoning to R-20. The
parcel had been zoned R-15 until the 1990 rezoning, when it was changed to
R-40. Ms. VanTuyl was recognized by the Board to address the matter. As
confirmed by the Highway Superintendent, this small subdivision would
have benefits for the Town. The applicants propose to complete Orchard
Drive by an addition of a turning circle at the existing "dead end" which was
created years ago when the developer din not complete the project. It would
provide a much better road system for the Town and area residents,
providing a safe turnaround for school buses, snowplows and other vehicles.
Additionally, even under the proposed zoning change, the size of the two
smaller lots is still significantly larger than other lots in the area. The third
lot will be an acre in size. Thus there is no "spot zoning" or any development
proposal that is not in keeping with the neighborhood character. Because this
action would benefit the Town she is asking the Board treat this rezoning as
a "direct" action under SEQR. Under this scenario, the Town Board would
automatically serve as the lead agency on the rezoning, because the rezoning
is legislative action, which can only be undertaken by the Town Board. .
COUNCILMAN BETTINA moved to authorize Attorney to the Town, and
Engineer to the Town to research the project first, then take to a workshop on
February 9, 1997.
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
Next is Mr. Paggi's report of CWWIA #1 Well production capacity analysis of
the Hilltop Source. Supervisor Smith announced that she would like to set
up a workshop for January 12, 1997 for further discussion.
COUNCILMAN RUGGIERO moved to accept Mr. Paggi's report of the
CWWIA #1 Well production, and take to January 12, 1997 workshop.
Seconded by Mr. Bettina
Motion Unanimously Carried
The last report submitted by Mr. Paggi, concerns the analysis of Montclair
Road vs. Town Highway Specifications. As per the Town Boards direction,
Mr. Paggi was authorized to perform an analysis of the existing Montclair
Townhouse entry road with respect to current Town Highway Specifications.
4
122297.RGM
Mr. Paggi enclosed a summary of the major Town Highway requirements for
a Rural -Suburban Road versus the existing Montclair conditions. Also
enclosed was a Plan and Profile Sheet of the Montclair Road indicating all
existing geometrics.
COUNCILMAN BETTINA moved to accept the report and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COUNCILMAN VALDATI moved to authorize Supervisor send letters to
residents of Montclair, informing them what is involved, and, if they still
wish to pursue, contact their Councilman, Mr. Valdati, or the Town.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is to set the date for the Reorganizational Meeting. SUPERVISOR
SMITH set the Reorganizational Meeting for January 5, 1997 at 7:30 P.M.
The year end meeting is tonight.
COMMITTEE REPORTS
COUNCILMAN RUGGIERO had no reports at this time.
COUNCILMAN VALDATI the possibility of the Town having its own Web
Site. SUPERVISOR SMITH said that she had spoken to Mr. Jeffries and he
informed her that by 1998 it should be in place, also E mail. The Senior
Picnic. Mr. Valdati wished to know who sponsors it. Supervisor Smith
informed him that the County provides the tents, and the Town provides the
chairs. Earlier in the year, Mr. Valdati had discussed approaching the
Village of Wappinger to suggest that we have Bi -annual meetings.
SUPERVISOR SMITH advised Mr. Valdati we have talked about it we just
have not set any dates yet.
COUNCILMAN BETTINA had no reports at this time.
SUPERVISOR SMITH regarding exemptions for disabled residents. She was
advised by the Assessor not to do it now, we should wait. We must address it
early in the year to get it for 1999. The Town does support this exemption,
however.
BONDS & LETTERS OF CREDIT
Mr. Close submitted his report for the month of November on the schedule of
Bonds and Letters of Credit on the various subdivisions, the amounts,
expiration dates, and call up dates.
COUNCILMAN RUGGIERO moved to accept Mr. Close's report and place it
on file.
Seconded by Mr. Bettina
RESOLUTIONS
5
Motion Unanimously Carried
Hj",
122297.RGM
A Public Hearing having been held with respect to the establishment of
Sewer rates for the Rockingham Sewer District, the matter of its adoption
was now place before the Board for their consideration.
COUNCILMAN RUGGIERO moved to adopt Local Law # as follows:
LOCAL LAW NO. #_ OF THE YEAR 1997
AMENDING LOCAL LAW NO. 12 OF 1984
LOCAL LAW NO. 9 OF 1988, LOCAL LAW NO. 5
OF 1994, LOCAL LAW NO. 1 OF 1996, AND
LOCAL LAW NO. 2 OF 1997 WITH RESPECT TO
THE ESTABLISHMENT OF SEWER RATES
FOR THE ROCKINGHAM SEWER DISTRICT
BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
SECTION 1. Any and all prior laws establishing sewer rates for the
Rockingham Sewer district with respect to residential uses is hereby
repealed, only with respect to sewer rates and the prior laws otherwise
confirmed.
SECTION 2. The following sewer rates are hereby established for the
Rockingham Sewer District.
A. RESIDENTIAL
1. Each residential unit connected to the system:
$380.00 annually and payable on a quarterly basis.
SECTION 3. This local law shall take effect upon adoption and as
provided by Municipal Home Rule Law.
Seconded by Mr. Valdati
Roll Call Vote
Supervisor Smith
Councilman Ruggiero
Councilman Valdati
Councilman Bettina
Councilwoman Visconti
Vote
Aye
Aye
Aye
Aye
Absent
Motion Unanimously Carried
A Public Hearing having been held with respect to the establishment of
Sewer rates for the Wappinger Sewer Improvement Area #1. the matter of
its adoption was now place before the Board for their consideration.
COUNCILMAN VALDATI moved to adopt Local Law # as follows:
LOCAL LAW NO. #_ OF THE YEAR 1997
A LOCAL LAW AMENDING LOCAL LAW # OF 1976
LOCAL LAW #14 OF 1984, LOCAL LAW #10 OF 1985,
LOCAL LAW #10 OF 1988, LOCAL LAW #1 OF 1991
LOCAL LAW #2 OF 1992, LOCAL LAW #13 OF 1992
LOCAL LAW #2 OF 1996, AND LOCAL LAW #1 OF
1997 ON ESTABLISHING SEWER RATES IN THE
WAPPINGER SEWER IMPROVEMENT AREA #1
D
122297.RGM
BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
SECTION 1. Section 2 of Local Law #1 of the year 1997 is hereby
amended to read as follows:
SECTION 2. The following Sewer Rates are hereby amended to read as
follows:
A. RESIDENTIAL
1. Each residential unit connected to the System:
$380.00 flat rate annually and payable on a quarterly basis.
SECTION 3. This Local Law shall take effect upon adoption and filing
as provided by Municipal Home Rule Law.
Seconded by Mr. Bettina
ROLL CALL VOTE
Supervisor Smith
Councilman Ruggiero
Councilman Valdati
Councilman Bettina
Councilwoman Visconti
VOTE
Aye
Aye
Aye
Aye
Absent
Motion Unanimously Carried
A Public Hearing having been held on December 22, 1997 to consider
Community Development Projects for 1998, the matter was now placed
before the Board for their consideration. The three projects are: Handicap
Accessible Doors for the Town Hall; Handicap Accessible Entry to Schlathaus
Park Recreation Building; and Handicap Accessible Restroom for Grinnell
Library.
COUNCILMAN VALDATI moved to adopt the following project to apply for
Community Development Funds.
A RESOLUTION AUTHORIZING THE SUBMISSION OF
THE FISCAL YEAR 1998 DUTCHESS COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION
PROJECT: HANDICAP ACCESSIBLE ENTRY DOORS TOWN HALL
WHEREAS, the Town of Wappinger is participating in the Dutchess
County Community Development Consortium for Fiscal year 1998, and
WHEREAS, input from citizens and groups has been received and
considered, and
WHEREAS, an application has been prepared which addresses our
community concerns.
NOW THEREFOR BE IT RESOLVED, that the Dutchess County
Community Development Consortium Fiscal Year 1998 application for the
Town of Wappinger, including the certifications included therein be and
hereby is approved.
7
122297.RGM
BE IT FURTHER RESOLVED, that the submission of said application to
the Dutchess County Department of Planning and Development be and
hereby is authorized.
Seconded by Mr. Bettina
Motion Unanimously Carried
COUNCILMAN VALDATI moved to adopt the following project to apply for
Community Development Funds.
A RESOLUTION AUTHORIZING THE SUBMISSION OF
THE FISCAL YEAR 1998 DUTCHESS COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION
PROJECT: HANDICAP ACCESSIBLE ENTRY DOORS FOR
SCHLATHAUS PARK RECREATION BUILDING
WHEREAS, the Town of Wappinger is participating in the Dutchess
County Community Development Consortium for Fiscal year 1998, and
WHEREAS, input from citizens and groups has been received and
considered, and
WHEREAS, an application has been prepared which addresses our
community concerns.
NOW THEREFOR BE IT RESOLVED, that the Dutchess County
Community Development Consortium Fiscal Year 1998 application for the
Town of Wappinger, including the certifications included therein be and
hereby is approved.
BE IT FURTHER RESOLVED, that the submission of said application to
the Dutchess County Department of Planning and Development be and
hereby is authorized.
Seconded by Mr. Bettina
Motion Unanimously Carried
COUNCILMAN VALDATI moved to adopt the following project to apply for
Community Development Funds.
A RESOLUTION AUTHORIZING THE SUBMISSION OF
THE FISCAL YEAR 1998 DUTCHESS COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION
PROJECT: HANDICAP ACCESSIBLE RESTROOM FOR
GRINNELL LIBRARY
WHEREAS, the Town of Wappinger is participating in the Dutchess
County Community Development Consortium for Fiscal year 1998, and
WHEREAS, input from citizens and groups has been received and
considered, and
WHEREAS, an application has been prepared which addresses our
community concerns.
NOW THEREFOR BE IT RESOLVED, that the Dutchess County
Community Development Consortium Fiscal Year 1998 application for the
122297.RGM
Town of Wappinger, including the certifications included therein be and
hereby is approved.
BE IT FURTHER RESOLVED, that the submission of said application to
the Dutchess County Department of Planning and Development be and
hereby is authorized.
Seconded by Mr. Bettina
Motion Unanimously Carried
The next item for the Boards consideration is to introduce a Resolution with
respect to the Increase and Improvement of the Fleetwood Water District,
and to set a Public Hearing.
The following resolution was moved, as drafted, by COUNCILMAN
BETTINA and seconded by Mr. Valdati.
WHEREAS, the supply and quality of water servicing the residents of the
Fleetwood Water District is not adequate; and
WHEREAS, the connection of said Water District to the Village of Fishkill
water supply is the only practical means of supplying the residents of the
Fleetwood Water District with a sufficient supply of good quality water; and
WHEREAS, the Town Board has determined that it is in the best interest
of the health, safety and welfare of the residents of the Fleetwood Water
District to construct the improvements necessary to connect the Fleetwood
Water District to the Village of Fishkill Water Supply by the construction
and installation of a water main on Osborne Hill Road to the Town of
Fishkill/Town of Wappinger line together with the necessary appurtenances;
and
WHEREAS, a Map Plan and Report for said project has been prepared by
the Engineer to the Town, Joseph E. Paggi, Jr., P.E., and this Map Plan and
report will be addressed at a Public Hearing; and
WHEREAS, the Village of Fishkill has informed the Town of Wappinger
that it will provide the necessary quantities of water to the Fleetwood Water
District; and
WHEREAS, the Town Board of the Town of Wappinger previously
authorized the Attorney to the Town, Albert P. Roberts, to negotiate a
written Agreement with Attorney to the Town of Fishkill, Gregory D. Supple,
in order to accomplish the interconnection between the Fleetwood Water
District in the Town of Wappinger and the Village of Fishkill Water Supply
and to specifically enumerate and identify the rights and obligations of each
party to the project; and
WHEREAS, the Attorney to the Town of Wappinger, Albert P. Roberts,
and the Attorney to the Village of Fishkill, Gregory D. Supple, have
tentatively agreed upon a proposed written Agreement subject to review and
N
C�
IX
122297.RGM
approval by the respective Boards of the Town of Wappinger and the Village
of Fishkill; and
WHEREAS, the Town Board on behalf of the Fleetwood Water District
has determined that the project is an Unlisted Action in accordance with the
Local and State Environmental Quality Review laws.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board is about to authorize a Public Hearing on the Map
Plan and Report of the proposed construction of the improvements
necessary to connect the Fleetwood Water District to the Village of
Fishkill Water Supply by the construction and the installation of a
water main on Osborne Hill Road to the Town of Fishkill./Town of
Wappinger line together with the necessary appurtenances.
2. The Town Board has reviewed the intended action on behalf of the
Fleetwood Water District with respect to the criteria set forth in 6
NYCRR and with respect to the provisions set forth in Local Law #2 of
1992, and hereby determines that the intended action is an Unlisted
Action.
3. The Town Board hereby determines that it is the only involved agency
in regard to the connection of the Fleetwood Water District to the
Village of Fishkill Water Supply, 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 completed Part I and Part II of the
short Form EAF for this project, which is annexed hereto, marked and
designated as Exhibit "A'.
5. The Town Board has reviewed the Intended Action with respect to the
criteria set forth in 617 NYCRR, and hereby determines that the
Intended Action will not create any significant adverse impacts on the
environment, and hereby issues a Negative Declaration of Significance
for this project for the following reasons:
a. the project is the only practical means of supplying residents of the
Fleetwood Water District with a sufficient supply of good quality water;
b. the Fleetwood Water District and the village of Fishkill System have
current approvals from the NYSDEC, NYSDOH, DCHD, and NYS
Audit and Control;
c. the project area entails a low to medium density residential
development;
d. the amount of land affected is less than one (1) acre; and
e. the proposed Action compiles with existing Zoning and other existing
land use restrictions.
k[17
122297.RGM
6. The Town Supervisor, Constance O. Smith, is hereby authorized to
execute Part III of the Short Form EAF, and further directs the Town
Clerk to provide for its filing and distribution as required by law,
specifically, a copy will provided to the Commissioner of the
Department of Environmental Conservation at 50 Wolf Road, Albany,
New York 12233, together with a copy to the regional office located at
21 South Putt Corners Road, New Paltz, New York 12561.
7. The Town Board hereby directs the Supervisor of the Town, Constance
O. Smith, together with the Attorney to the Town, Albert P. Roberts to
undertake all action necessary in order to implement the connection of
the Fleetwood Water District with the Village of Fishkill Water
System, including but not limited to the execution of the proposed
Agreement with the village of Fishkill, in the event the connection is
authorized by the town Board.
The question of the adoption of the foregoing Resolution was duly put to a
vote on roll call, which resulted in the following:
ROLL CALL VOTE
VOTE
Supervisor Smith
Aye
Councilman Ruggiero
Aye
Councilman Valdati
Aye
Councilman Bettina
Aye
Councilwoman Visconti
Absent
The Resolution is hereby duly declared adopted.
Next is the Order calling for the Public Hearing.
IN THE MATTER OF THE INCREASE
AND IMPROVEMENT OF THE FACILITIES
OF THE FLEETWOOD WATER DISTRICT
IN THE TOWN OF WAPPINGER,
DUTCHESS COUNTY, NEW YORK
WHEREAS, the Town Board of the Town of Wappinger, Dutchess County,
New York has caused to be prepared a map, plan and report, including an
estimate of cost, pursuant to Section 202-b of the Town Law, relating to the
increase and improvement of the facilities of the Fleetwood Water District in
the Town of Wappinger, Dutchess County, New York, consisting of the
construction of improvements necessary to connect said Water District to the
Village of Fishkill water supply system including the purchase and
installation of approximately 2,900 linear feet of eight inch water main on
Osbourne Hill Road to the Town of Fishkill/Town of Wappinger line,
construction of a central monitoring and pressure reducing station, and
expansion of an existing Village of Fishkill booster station for District use,
including land of rights -in -land, original furnishings, equipment, machinery,
apparatus, appurtenances, and incidental improvements and expenses in
connection therewith, at a maximum estimated cost of $740,000; and
11
122297.RGM
WHEREAS said capital project has been determined to be an Unlisted
Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which the Town Board has determined,
as proposed, will not result in any significant environmental effects; and
WHEREAS, it is now desired to call a public hearing on the question of
authorizing such increase and improvement of facilities at a cost of $740,000;
NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of
the Town of Wappinger, Dutchess County, New York, as follows:
Section 1. A public hearing will be held at the Town Hall, in Wappinger
Falls, New York, in said Town, on the 12th day of January, 1998, at 7:10
o'clock P.M., Prevailing time, on the question on increasing and improving
the facilities of Fleetwood Water District in the manner described in the
preambles hereof, and to hear all persons interested in the subject thereof,
concerning the same, and to take such action thereon as is required or
authorized by law.
Section 2. The Town Clerk is hereby authorized and directed to cause a
copy of the Notice of Public Hearing hereinafter provided to be published once
in the Southern Dutchess News, the official newspaper designated for this
purpose, and also to cause a copy thereof to be posted on the sign board of the
Town, such publication and posting to be made not less that ten, nor more
that twenty, days before the date designated for the hearing.
Supervisor Smith announced that the Public Hearing would be held on
January 12, 1998 at 7:10 P.M.
COUNCILMAN BETTINA moved to set the Public Hearing for January 12,
1997 at 7:10 P.M.
Seconded by Mr. Valdati
Motion Unanimously Carried
The following Resolution was moved by SUPERVISOR SMITH and seconded
by Councilman Bettina.
WHEREAS, the Town Board has determined that it is in the best interest
of the Town to authorize the conversion of existing hotels/motels to
congregate care facilities, which provide residential care and services to
ambulatory geriatric adults who may require assistance with daily activities;
and
WHEREAS, such facilities will primarily serve the local population, and
there is a general shortage of beds for such services in the Hudson Valley;
and
WHEREAS, the Town Board of the Town of Wappinger desires to adopt a
zoning amendment which would authorize the conversion of existing
12
122297.RGM
hotels/motels located in GB zones on State highways to congregate care
facilities; and
WHEREAS, after comprehensive review of the environmental impacts of
this zoning amendment and the preparation of an Environmental
Assessment Form, the Town Board has determined that this proposal would
create no significant adverse impacts upon the environment.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption proposed Local Law
#_ of the Year 1998, Amending Local Law #5 of the Year 1990 in the
form annexed hereto.
2. 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.
3. The Town Board has caused to be prepared and completed Part 1 and
Part 2 of the long form EAF for this project in the form annexed hereto.
4. The Town Board has reviewed the intended action with respect to the
criteria set froth in Part 617.11 NYCRR, and hereby determines the
intended action will not create any significant adverse impacts on the
environment and hereby issues a NEGATIVE DETERMINATION OF
SIGNIFICANCE for this project, for the following reasons:
a. there is only one hotel/motel facility presently existing in the GB Zone,
that being the Airport Inn Motel, located on Route 376 adjacent to the
Dutchess County Airport:
b. the residents of congregate care facilities do not avail themselves of
local services such as schools, recreation programs, etc.;
c. the proposed amendment encourages rehabilitation of existing
developed property;
d. congregate care facilities generate less day-to-day traffic than
hotels/motels;
e. parking demands are expected to be significantly lower for congregate
care facilities than for hotels/motels; and
f. the facilities will be located in GB Zones near other commercial uses.
They will not be located in residential neighborhoods.
6. The Town Board hereby schedules a public hearing regarding the
adoption of the annexed proposed Local Law for 7:00 p.m. on the 26th
day of January, 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.
13
a
122297.RGM
7. 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
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 recommendation prior to said public hearing.
8. The Town Supervisor is hereby authorized to execute Appendix "A" to
the long form EAF and further direct the Town Clerk to provide for its
filing and distribution as provided by law.
The question of the 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 Ruggiero Aye
Councilman Valdati Aye
Councilman Bettina Aye
Councilwomen Visconti Absent
The Resolution is hereby duly declared adopted
SUPERVISOR SMITH announced that a workshop would be held on January
12, 1997.
Since this Meeting is also being considered as the Year End Meeting, a
request from Ann Buckley, Comptroller, for Budget Amendments, for the
following Water Districts.
Fleetwood Water Decrease Increase
214OWF Meter Sales 1,500.00
2148WF Interest & Earnings 200.00
App. Fund Balance 1,300.00
The homeowners conserved water & the revenue for sales was overstated
Myers Corners II Decrease Increase
214OWM Water Sales 7.462.50
App. Fund Balance 7,462.50
North Wappinger Water Decrease Increase
9710.6WN 588.00
9710.7WN 588.00
To reclassify appropriations.
14
q t)
122297.RGM
Tall Trees Decrease Increase
8310AWT Water Admin C/E 38.00
8310AWT Water Admin P.S. 38.00
COUNCILMAN VALDATI moved to adopt the above Budget Amendments as
requested by Ann Buckley, Comptroller.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A request from Ann Buckley, Comptroller for Budget Amendments for the
Sewer.
Increase
2128SM Interest/Penalty 876.00
8110ASM Sewage Treatment & Disposal Increase
. 11
Please encumber monies allowed for repair of collapsed sewer line on All
Angels Hill Road. Job could not be completed in 1997.
8110ASR 21,969.00
8120ASR 95,000.00
COUNCILMAN VALDATI moved to approve the above Budget Amendments
as requested by Ann Buckley.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
It was so noted that, as this is the Annual Meeting, the next item on the
Agenda is therefore to be considered as the final accounting to close the
Books. It provides for the final transfer of funds to cover any expenditures,
overdrawing any accounts and to encumber funds for expenditures for which
billing has not yet been received. Therefore, Ann Buckley, Comptroller has
forwarded the following transfer of funds for Town Board approval for an
orderly closing of the 1997 Books.
The following transfer for year end accounts and encumbrances was received
from Comptroller, Ann Buckley:
A FUND
Decrease Revenue
1255A
Clerks Fees
$1,126
Decrease Revenue
2001A
Parks & Recreation
5,180
Decrease Revenue
2260A
Stop DWI
315
Decrease Revenue
2401A
Interest & Earnings
13,800
Decrease Revenue
2770A
Miscellaneous Revenue
777
Decrease Revenue
3005A
Mortgage Tax
49,287
Increase Revenue
3001A
State Revenue Sharing
70,485
To Balance Budget to close out year.
Increase Appropriations:
1315.1A
Comptroller P.S.
620
1620.1A
Building P.S.
500
15
122297.RGM
1990.5A Educational Expense 1,000
Decrease 1990.4A Contingent 18,570.13
Increase Fund Balance 18,570.13
Decrease Appropriations 8160.4A Refuse & Garbage 2,120
To Balance budget to close out year. The above amendments are necessary
due to not having received anticipated revenue & having the need to expend
more than was budgeted.
B FUND
Revenue Decrease Increase
2070B Recreation 5,480
2130B Refuse & Garbage 11.200
2401B Interest & Earnings
To close out Budget for year end.
Increase Increase
3502B SHIPS Program 14,000
1440.4B Engineer 14,000
To show SHIPS moneys reimbursed for Engineer.
Decrease Increase
1990.413 Contingent Account 31,000
909 Fund Balance 31,000
To close out Contingent Account at year end
8162.113 Recycle P.S. 600
8162AB Recycle Contingent 600
COUNCILMAN VALDATI moved to authorize the above transfers and
encumbrances as requested by Comptroller, Ann Buckley, and authorize any
blanket approval to balance any accounts that may be necessary to balance
out 1997.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
UNFINISHED BUSINESS
No unfinished business at this time.
NEW BUSINESS
At this time Graham Foster addressed the Board, and informed them, that
due to illness and injury, he was minus several employees. He would be
advertising for one full time, and one part time employee now, for 1998
employment for the Highway Department, until things get back to normal.
There are funds in the his 1998 Budget. Under Highway Law, he does have
the authority to hire a person, but he is looking for permission. The Town
Board refrained from any formal answer.
There was no other Business to come before the Board.
We
F�
Zf ?'k
122297.RGM
COUNCILMAN BETTINA moved to close the Town Board Meeting, seconded
by Mr. Ruggiero and Unanimously Carried.
The Meeting closed at 9:15 P.M.
ULU
Laine H. Snowden
Town Clerk
17
122297.PH q -CIT
A Public Hearing was held by the Town Board of the Town of Wappinger on
December 22, 1998 at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York, on the proposed Local Law amending Local Law #5 of 1976
Local Law #14 of 1984, Local Law #10 of 1985, Local Law #10 of 1988, Local
Law #1 of 1991, Local Law #2 of 1992, Local Law #13 of 1992, Local Law #2
of 1996, and Local Law #1 of 1997 with respect to the establishment of Sewer
Rates for the Wappinger Sewer Improvement Area #1.
SUPERVISOR SMITH opened the Hearing at 7:12 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Vincent Bettina, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Al Roberts, Attorney to the Town (arrived (7:14 P.M.)
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Absent:
June Visconti, Councilwoman
The Town Clerk offered for the record the affidavits of Posting and
Publication duly signed and notarized. (These affidavits are attached hereto
and made part thereof of the Minutes of the Meeting). The rate shall
decrease from $110 per quarter flat rate to $95 per quarter flat rate.
There were no comments or questions from the audience.
COUNCILMAN RUGGIERO moved to close the Public Hearing, seconded by
Mr. Bettina.
The Public Hearing closed at 7:13 P.M.
Motion Unanimously Carried
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING
PROPOSED LOCAL LAW AMENDING
LOCAL LAWS ON THE ESTABLISHMENT
OF SEWER RATES FOR WAPPINGER
SEWER IMPROVEMENT AREA #1
AFFIDAVIT OF
POSTING
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes 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 December 9, 1997, your deponent posted a copy of the attached
notice of Public Hearing on a proposed Local Law on sewer uses for
Wappinger Sewer Improvement Area #1, on the signboard maintained by
your deponent in her office in the Town Hall of the Town of Wappinger, 20
6. Middlebush Road, Wappingers Falls, Dutchess County, New York
Elaine H. Snowden
Town Clerk
Town of Wappinger
1)-�-
Sworn to before me this _42=1
day of .W-14JJ-C� _, 1997
�nit, �N.
NOTARY PUBLIC
122297.PH -F r
A Public Hearing was held by the Town Board of the Town of Wappinger on
December 22, 1998 at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York, on the proposed Local Law amending Local Law #12 of
1984, Local Law #9 of 1988, Local Law #5 of 1994, Local Law #1 of 1996 and
Local Law #2 of 1997 with respect to the establishment of Sewer Rates for
Rockingham Sewer District.
SUPERVISOR SMITH opened the Hearing at 7:10 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Vincent Bettina, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Al Roberts, Attorney to the Town (arrived (7:14 P.M.)
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Absent:
June Visconti, Councilwoman
The Town Clerk offered for the record the affidavits of Posting and
Publication duly signed and notarized. (These affidavits are attached hereto
and made part thereof of the Minutes of the Meeting). The rate shall
decrease from $100 per quarter flat rate to $95 per quarter flat rate.
There were no comments or questions from the audience.
COUNCILMAN RUGGIERO moved to close the Public Hearing, seconded by
Mr. Bettina.
The Public Hearing closed at 7:11 P.M.
Motion Unanimously Carried
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING
PROPOSED LOCAL LAW AMENDING
LOCAL LAWS ON THE ESTABLISHMENT
OF SEWER RATES FOR ROCKINGHAM
SEWER DISTRICT
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes 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 December 9, 1997, your deponent posted a copy of the attached
notice of Public Hearing on a proposed Local Law on sewer uses for
*we Rockingham Sewer District, 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 this '�_iv�-
day of��, 1997
NOTARY PUBLIC
M
122297.PH
A Public Hearing was held by the Town Board of the Town of Wappinger
on December 22, 1997 at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York for the purpose of making recommendations and suggestions
for the use of Community Development Funds for 1998.
SUPERVISOR SMITH opened the Public Hearing at 7:15 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Vincent Bettina Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Attorney to the Town Al Roberts
Engineer to the Town Jay Paggi
Highway Superintendent, Graham Foster
Absent:
June Visconti, Councilwoman
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 of the Minutes of this Hearing). Four applications
were received. SUPERVISOR SMITH informed the Board that we
supplement, and ADA is the priority this year, so we took the two ADA
applications. The Municipality's proposed intended use for these funds are:
Handicap Accessible Entry Doors for the Town Hall.
Handicap Accessible Entry Doors for Schlathaus Park Recreation Bldg.
COUNCILMAN RUGGIERO moved to close the Public Hearing, seconded by
Mr. Bettina.
Motion Unanimously Carried
The Public Hearing closed at 7:16 PM.
At this time Anthony Campilii, Vice President of Grinnell Library arrived
and requested to be recognized by the Board. Last year the Town Board
supported Grinnell Library's efforts to become handicap accessible with the
sponsorship of a $25,000 Community Block Grant for a handicap accessible
elevator. The staff and community are extremely grateful for the Towns
support, but tonight Mr. Campilii was here to request the Town Boards
consideration of the sponsorship of a 1998 Community Block Grant for
$25,000 which would permit the library to install a handicap accessible rest
room not only on the first floor, but to make the rest room on the second floor
handicap accessible also. This would be the last step in making the Grinnell
totally accessible and comply with the ADA that they are sadly lacking at
this point in time. As with the 1997 funding, application, Grinnell Library
1
122297.PH
would complete all required paperwork should the Town agree to sponsor the
request. Comptroller, Ann Buckley informed the Board that there may be a
possibility of recaptured funds.
COUNCILMAN VALDATI moved to reopen the Public Hearing, seconded by
Mr. Bettina and unanimously carried. The Public Hearing reopened at 7:18,
with all Board Members in attendance.
COUNCILMAN VALDATI moved to accept the Grinnell Library Project for
consideration for the Community Development Funds.
Seconded by Mr. Bettina
Motion Unanimously Carried
SUPERVISOR SMITH announced the purpose of reopening the Public
Hearing is to consider the sponsorship to install handicap accessible rest
rooms for Grinnell Library. Mr. Campilii, stated this would not cover the
entire project, but it would help to get them off the ground. Mrs. Smith said
they would try for all three but would prioritize doors for the Town Hall.
COUNCILMAN RUGGIERO moved to close the Public Hearing, seconded by
Mr. Bettina, and unanimously carried.
The Public Hearing closed at 7:24 P.M.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON
THE PROPOSED USE OF COMMUNITY
DEVELOPMENT FUNDS FOR THE
TOWN OF WAPPINGER
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes 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 December 5, 1997, your deponent posted a copy of the attached
notice of Public Hearing on the proposed use of Community Development
Funds for 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
'JL
Sworn to before me this A_
day of1997
NOTARY PUBLIC
50q