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1996-10-28 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER OCTOBER 28, 1996 7:30 P.M. - - - - - - - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes Reg. Sept. 23, 1996 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Rec. of Taxes Bldg. Insp. Zng. Adm. Dog Control Officer (August) 5. PETITIONS & COMMUNICATIONS a. A. Roberts, Attny to Town, re: Spotted Owl Development vs T/Wapping b. Louis DiCocco, Edgehill Manor, request lighting for entrance way into Edgehill Dev. C. Lori & Sean McElduff, re: request to become Tenants to Wildwood Sewer Dist in order to convert Barn into primary residence d. NYS Dept of Transportation re: Traffic conditions at Montclaire Townhouses e. NYS DEC-Fawzey I Abdelsadek, P.E., re: Closure Schedule for Town of Wappinger Castle Point Landfill f. Notification of intent to apply for and renew liquor licenses from: Edward Lauria (Prior Clever Hen) and Jack Economu for Foodway Deli g. Request for return of Escrow fees from: (1) Diane Straub, Pres Modu-Craft Homes for parcel on All Angels -$500. (2) Conrad & Claudia Tebbetts, Glenbrook Ct. $20.00 (withdrawing Bldg. Permit rei h. Patricia Maupin, Rec. of Taxes, request permission to charge Banks t Lending Institutions a $5.00 fee per bill for sending out "Memo Bil: i. J. Paggi, Eng. to Town, reports: (1) Atlas Well Field report (2) Tri Municipal/Phase 3A minutes of progress meeting 9/17/96 j. Ralph Holt, Ch. Rec. Comm. re: (1) Request permission to install overhead doors on lean-to behind Barn on Montfort Rd. (2) Request for P.O. for new bulletin boards at Schlathous Pk. (3) determination of necessary hours re: NYS Retirement system re. Rec. employees k. John Vorndran submitted his resignation from Rec. Comm. 1. Dean trucking final Enviormental Report m. Authorize Emmanuel Saris, Attny for Tax reviews, to review and negoitate "People vs Glasberg" on behalf of the Town n. Rockingham Drainage Easement corr. from A. Roberts -Authorize Sup.to o. Roe Movers correspondence re: Assesment �. R�nE qs At n� t� T�w r Bgc a Sto g Wa l -� ppo n u ery s r o nus 'ria ncen ve oard r. re aruso ojo�erts r8• Title Ansurance for Rockingham Farms Drainage Projecl s. rrespon ence 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zoning Administrator Report 8. RESOLt1TTONS a. Adopt Preliminary Budget & set Public Hearing b. Set Public Hearings for Water & Sewer Dists. & Imp. Areas Benefit Assessments C. D. Brown, Water & Sewer Clerk, re: Authoirize relevey of unpaid Water & Sewer accounts after cutoff date of Nov. 8, 1996 d. Ann Buckley, Compt., requests permission to install new data Cabling, and requests approval of P.O. to NaCom as low proposal received (2) Request approval of Budget Amendments to pay County for Charge -backs on 1997 Taxes (3) Request approval of Budget Am for Highway (4) Requests transfers for budget amendments e. Introduce Local Law for Zoning Ordinance revision #4 f. Joel Hanig, Attny, submittal of application for Atlas Water Dist. extension No. 1 for Cedar Ridge Subdivision 9. UNFINISHED BUSINESS a. Adi1 Antia re: Damaged property b. Arlene Cole re: easement trench - Rockingham Farms 10. NEW BUSINESS 11. ADJOURNMENT M i� e 2 2 F 102896.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on October 28, 1996 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:30 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman err Vincent Bettina, Councilman June Visconti, Councilwoman Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Regular Meeting of September 23, 1996 having previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILWOMAN VISCONTI moved that the above stated minutes as submitted by the Town Clerk be approved. Seconded by Mr.Ruggiero Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of September were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Building Inspector, Zoning Administrator, Highway Department. Dog Control Officer (for August). COUNCILWOMAN VISCONTI moved to accept the above reports and place them on file. Seconded by Mr.Valdati Motion Unanimously Carried Ll PETITIONS & COMMUNICATIONS The first item on the Agenda is Correspondence from Al Roberts, Attorney, to the Town regarding the Spotted Owl Development vs Page 1 102896.RGM the Town of Wappinger. Mr. Roberts letter went on to explain this Notification of Appeal was served on his office on September 20, 1996. As reported previously, by Decision dated and signed on July 24, 1996, Supreme Court Justice Joseph Jiudice upheld the decision of the Town of Wappinger Zoning Board of Appeals. As is the practice in the appellate division, second Department, we will be called upon to attend a Pre -Appeal Conference either in Brooklyn or White Plains. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Louis DiCocco, Edgehill Manor, with a request to have a street light placed at the entrance of Edgehill Manor Development. COUNCILWOMAN VISCONTI moved to authorize Mrs. Snowden, Town Clerk forward a letter to Mr. DiCocco informing him of the formation of a lighting district, it is assessable, does he still wish to proceed. Seconded by Mr. Bettina Motion Unanimously Carried A request from Lori & Sean McElduff, to become Tenants to Wildwood Sewer District, in order to convert Barn property into their primary residence. COUNCILWOMAN VISCONTI moved to authorize Mr. & Mrs. McElduff to become Tenants to the Wildwood Sewer District, based on approval from the Department of Health, authorization to obtain easements, and the issuance of a Tenancy letter from the Town Clerk. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from NYS Department of Transportation regarding traffic conditions at Montclair Townhouses. They have completed Page 2 F� F M 102896.RGM their review of Route 9D in the vicinity of Montclair. Included in the review was a three year accident history for the period 1992-1994. It was found that there has not been an unusual number of accidents in this area. Information obtained from the DMV indicated that during the three year period, there were no L.: right angle accident occurrences. Included in the review were traffic counts taken during peak traffic periods. The data obtained from these counts revealed that traffic volumes exiting Montclair Townhouses are below that normally associated with signalization. Given the above, signalization at this location would serve to bring about delays and an increased potential for rear -end accidents on Route 9D without the compensating benefit of right angle accident reduction and/or reduced congestion at the driveway. Consequently, we can not give approval for installation of a traffic signal at this location by the property owner. It was requested that the existing 35MPH speed limit be extended from Ketchamtown Road to Montclair Townhouse area. In order to determine the feasibility of this request, observation of traffic in this area were made. As a result, it was observed that a large majority of vehicles using this section of roadway are traveling at speeds of 45 to 50 MPH. Studies have shown that the majority of motorists operate their vehicles at a speed they perceive to be suitable, rather than in compliance to speed limits signs. Therefore a reduction to 35 MPH would have little or no effect on the overall travel speeds. It would increase the potential for accidents as a result of a variation in speeds caused by the few motorists who would comply to the lower limit. As part of the evaluation of this areas, an inspection of existing signs and pavement markings was conducted to determine if any changes would be appropriate. As a result the northbound passing zone adjacent to the Townhouse driveway will be closed. In addition, a break will be made in the centerlines at the driveway in order to emphasize is presence. Page 3 9 '2, 102896.RGM These changes will be accomplished when the pavement markings in this area are refurbished. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried 4 At this time Mr. Foster, Highway Superintendent reminded the Board that last year when the problems at Montclair were brought up, the problem of the straight away on Ketcham Town Road was also discussed. We were assured that when the stripes were painted this year, the passing zone would be eliminated. It has not been done yet. It appears to be new striping on the road. Mrs. Smith informed Mr. Foster that she would give the NYS DOT another call to remind them. Correspondence from Fawzey I Abdelsadek, P.E. of the New York State DEC regarding the schedule for the Town of Wappinger Castle Point Landfill. This item was inadvertently placed on the agenda, it was taken care of at the meeting of September 28, 1996. Notification of intent to apply for a liquor licence was received from Edward Lauria (prior Clever Hen) and to renew a liquor licence from Grewal Corp. d/b/a Foodway Convenience Store & Deli. COUNCILWOMAN VISCONTI moved to accept the notification to apply for a liquor license from Edward Lauria (prior Clever Hen) and to renew a liquor license for Grewal Corp. d/b/a Foodway Convenience Store and Deli, and place them on file without comment. Seconded by Mr. Bettina i Motion Unanimously Carried Request for the return of escrow fees were received from (1) Diane Straub, President of Modu-Craft Homes for parcel on All Page 4 0 - 4 102896.RGM Angels Hill Road, $500. (2) Conrad and Claudia Tebbetts, Glenbrook Court, withdrawal of a Building Permit, $20. COUNCILWOMAN VISCONTI moved to authorize the return of the above escrow funds, based on the recommendation of Acting Building Inspector, Mark Liebermann. Seconded by Mr.Bettina Motion Unanimously Carried A Memo was received from Patricia Maupin, Receiver of Taxes requesting permission to charge Banks and Lending Institutions a $5 fee per bill for sending out "Memo Bills". COUNCILMAN VALDATI to moved to approve the request of Patricia Maupin, Receiver of Taxes, to charge Banks and Lending Institution a $5 fee per bill, for sending out "Memo Bills". Seconded by Mrs. Visconti Motion Unanimously Carried Two reports were submitted by Jay Paggi, Engineer to the , Town. The first report concerns the Atlas Well Field. Mr. Paggi submitted a proposal from Leggette, Brashears & Graham, Inc. regarding Test Well Drilling Program and Production Well Drilling. Also enclose were two (2) copies of the "Quick Start Contract: for the Board's review and signature, if desired. The proposal breaks down the work into three (3) specific areas: Phase I - Test Well Drilling Program Phase II - Production Well Drilling Phase III - Well Redevelopment It is our recommendation that the Phase I -Test Well Drilling Program be started at the present time to determine the most advantageous locations to drill the water supply wells at the Atlas Well Field. At that point in time, the Production Well Drilling (Phase II) process could begin. The Town might want to consider authorizing the design of the production well at the present time along with the additional work necessary for the preparation of bid documents for the well. Page 5 102896.RGM COUNCILWOMAN VISCONTI moved to accept the report and place on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The second report concerns the Progress Meeting Mr. Paggi attended on September 17, 1996 for Phase 3A of the Wappinger Sewer Transmission/Treatment Improvement. One of the important points brought out at the meeting is the amount of necessary work that will need to be done to expand the plant for Phase 3A. It would appear as if the amount of work is minimal and should significantly reduce the on site projected construction cost. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried It has come to Mr. Paggi's attention that there will be considerable excess excavating material removed from the Rockingham Drainage Project. The Castle Point Landfill closure project needs approximately 15,000 yards of burial protection material/cover material to protect it from eroding away. The 15,000 yards of dirt to truck it in under a contract would be in excess of $100,000. We will have that much excess excavating material from the Rockingham project that the contractor will have to dispose of. Excavation will not start for two more weeks. Mr. Paggi would like the opportunity to negotiate a unit price with the contractor to truck it from the Rockingham job site on All Angels Hill Road to the Castle Point Landfill, and stock pile it for use during the landfill closure. It could save us tens of thousand of dollars. He would have to run some tests first, which would cost about $100. At this time Mr. f Paggi would like permission to run some tests and include negotiation for the removal of the material from Rockingham to Castle Point, and report back to the Board. Page 6 102896.RGM COUNCILWOMAN VISCONTI moved authorize Mr. Paggi, Engineer to the Town run tests to see if the excavated material from Rockingham project would be suitable for the Castle Point Landfill closure If it is, negotiate a price with the contractor for the removal, to the Castle Point Landfill and report back to the Board. Seconded by Mr. Ruggiero Motion Unanimously Carried As per requested, Mr. Paggi's office performed any analysis of various alternatives of supplying the Fleetwood Water District with a stable water supply. This analysis was performed due to the continued deterioration of the existing Fleetwood wells and the necessity to truck water on a daily basis during periods of warmer weather. The intent of the analysis was to provide the framework for the Town Board to make a decision as to which direction to pursue. The numbers and cost listed in this report are a result of desktop analysis and are within the accepted range of accuracies. All benefit unit calculations are based on the parameters stated in the appropriate section, and will be subject to verification by the Assessor's office. Mr. Paggi presented the report with the six alternatives COUNCILMAN RUGGIERO moved to accept the report to be discussed at a future workshop. Seconded by Mrs. Visconti Motion Unanimously Carried Several requests were received from Ralph Holt, Chairman of the Recreation Committee. The first request is for permission to install overhead doors on the lean-to behind the Barn on Montfort Road. Three quotes were received, the lowest being Dutchess Overhead Doors $2,392. Mr. Holt request permission to obtain a P.O. payable to Dutchess Overhead Doors in the amount of$2,392. COUNCILWOMAN VISCONTI to approve the P.O. for $2,392, payable to Page 7 102896.RGM Dutchess Overhead Garage Doors for the lean-to behind the Barn on Montfort Road pending additional information. Seconded by Mr. Ruggiero Motion Unanimously Carried The second request is for a P.O, in the amount of $1,500 payable to Superior Sign Service for the construction and installation of two Bulletin Boards for Schlathaus Park. Three quotes were A received, Superior Sign Service being the lowest. COUNCILWOMAN VISCONTI moved to approve the P.O. for $1,500 payable to Superior Sign Service for the construction and installation of two Bulletin Boards for Schlathaus Park. Seconded by Mr.Bettina Motion Unanimously Carried The last request from Mr. Holt is for the determination of necessary hours regarding the New York State system regarding Recreation. Since two members of the Recreation Committee are already members of the NYS Retirement System in their regular jobs, the are required to have deductions for their retirement taken from the stipend that they receive from the Town. At present time, the members receive $20 for each meeting they attend. The meetings last approximately 2 hours. The "Guidelines from the NYS Retirement System states, "To properly determine the number of days worked by a member, the Town Board must first establish the numbers of hours that constitute a standard day (minimum six hours per day) for each position. Once we have arrived at total, we will then be able to divide the number of hours worked by the standard workday to arrive at total number of days worked to be reported." 4. COUNCILWOMAN VISCONTI moved to establish 7 hours as a standard day to base the formula on. Seconded by Mr. Valdati Roll Call Vote Vote Supervisor Smith Aye Page 8 102896.RGM Councilman Ruggiero Nay Councilman Valdati Aye Councilman Bettina Aye Councilwoman Visconti Aye Motion Carried There was some discussion after the vote by Mr. Ruggiero, who felt that the Town Board should sit down and go over this at a workshop and look go over all the positions. Are we setting a precedent? Mrs. Visconti went on to explain what was voted on is to establish a criteria for credits toward any one who works for the Recreation. The resignation of John Vorndran, Maintenance Supervisor of the Town of Wappinger Recreation was received, effective November 1, 1996. Mr. Vorndran is planning to retire and move to Florida. COUNCILWOMAN VISCONTI to accept Mr. John Vorndran's resignation, effective November 1, 1996, and authorize the Town Clerk to send him a letter of appreciation. Seconded by Mr. Valdati Motion Unanimously Carried The final Environmental report for Dean Trucking was received from Chazen Environmental Services. Included in the report was a summary of soil sample results, the groundwater investigation, with conclusions and recommendations. Mr. Paggi informed the Board that he directed a letter to Chazen to pursue getting some documentation from DEC regarding acceptability of the phase II study. The DEC must indicate that they accept the findings in this study. Mr. Valdati asked Mr. Roberts, Attorney to the Town, if we get a sign off from the DEC as to the acceptability of the study of the Chazen Environmental Services, and some one purchases the property, would the Town as owners be responsible for the toxic situation. Mr. Roberts indicated yes. The Town would be responsible for removing it. Particularly from this case where its coming from an estate and there will be nobody to Page 9 102896.RGM go back to. Mr. Paggi is trying to get the sign off from DEC as we speak. It will not be absolved, but they will indicate, based on todays standards, and based on the investigation that have been revealed to date that they will indicate they will accept the report. J-' COUNCILMAN VALDATI moved to accept the report and authorize Attorney to the Town, Al Roberts prepare the necessary ; documents. Seconded by Mrs. Visconti Motion Unanimously Carried The next item for the Boards consideration is to authorize Emmanuel Saris, Attorney appointed for tax reviews, for the Town of Wappinger to review and negotiate People vs Glassberg on behalf of the Town. COUNCILWOMAN VISCONTI moved to authorize Emanuel Saris, Attorney for tax reviews to review and negotiate People vs Glassberg on behalf of the Town. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Attorney to the Town Al Roberts regarding Rockingham Drainage Improvement Project easements. Mr. Roberts informed the Board that all the easements have been received and two of the residents have negotiated their easements to exclude the Town doing the nursery work and tree planting They wanted a three year guarantee and the Town could only give a one year guarantee. We excluded those items from the Towns contract and we will offer the money as an option to purchase their own trees and do their own planting. They feel they can get a three 14 year guarantee by contracting the work out. In addition we have done Title searches and examinations in connection with all the easements and in the case of the Meadowood Development, one of the parcels is intended to be transferred over to the Town at Page 10 102896.RGM the conclusion of the subdivision. Also, Title Insurance must be authorized for the easements for $300,000. COUNCILMAN RUGGIERO moved to authorize the Supervisor to sign the contracts for the easements for the Rockingham Drainage Projects and authorize the Supervisor to sign the title insurance policy in the amount of $300,000 for the Rockingham Drainage Project. Seconded by Mr. Valdati Motion Unanimously Carried SUPERVISOR SMITH informed the Board Members that Mr. Domber the developer of Meadowood was extremely cooperative and should be so noted in the minutes. Correspondence from Richard M. Nolan, Sr. Vice President of Roe Movers, regarding the arbitrary reassessment of their Airport Drive facility. Mr. Nolan went over the sequence of events which transpired subsequent to notification of the reassessment. Mr. Nolan reminded the Board that Roe Movers has been an outstanding corporate citizen for the last five years and has contributed over $1,300,000 in property tax revenues to the area. Roe Movers can not afford this additional financial burden given the recent economic events that have endured. Supervisor Smith said they had a workshop, and it was decided that the Roe Mover people would meet with the Assessor, Mr. Logan, and discuss a resolution to the problem. However, Roe Movers hired an attorney instead. COUNCILWOMAN VISCONTI moved to refer this Correspondence to Attorney Al Roberts, Attorney to the Town. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Al Roberts Attorney to the Town, in regard to Becker's Stone Wall on Losee Road. As requested by the Town Board, Mr. Roberts, Mr. Paggi, Engineer to the Town and Mr. Page 11 102896.RGM Foster, Highway Superintendent made a field inspection of the stone wall adjacent to the Becker property on Losee Road. The existing stone wall during its entire length along the road is in a state of deterioration and in danger of falling down. it is determined that the wall is in an area (shoulder) regularly used and maintained by the Highway Department. The specific area in question is a portion of the stone wall which has collapsed and fallen onto the shoulder. If it is not removed, it will pose a danger to Highway Department vehicles, snow plows and cycle -bar mowers; it is also a potential danger to the traveling public. It is the recommendation of Mr. Roberts, Mr. Paggi, and Mr. Foster, that all unstable portions of the stone wall be removed. The area in question should then be stabilized (i.e., graded, top -soiled and seeded). COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith to dispatch a letter to Mr. and Mrs. Becker informing them that the Town will remove the wall, also seed and top soil the area to stabilize it. Seconded by Mr. Valdati Motion Unanimously Carried Next is Communication from Vincent J. DiMaso, Chairman of the DC Industrial and Commercial Incentive Board, informing Mrs. Smith, as Supervisor, she is empowered to name one member, subject to confirmation by the Town Council, to the DC Industrial Incentive Board. COUNCILWOMAN VISCONTI moved to appoint Supervisor Smith as a member to the DC Industrial and Commercial Incentive Board. Seconded by Mr. Bettina Motion Unanimously Carried. Correspondence from Fred Caruso in regard to the ongoing f violations being conducted at 152 Rosewood Drive. COUNCILWOMAN VISCONTI moved to accept the correspondence and Page 12 102896.RGM place it on file. Seconded by Mr. Valdati Motion Unanimously Carried There was some discussion prior to the vote, and Supervisor Smith informed the Board that Mr. Caruso had called the State Police, and the State Police called her. The Zoning Administrator had just been out there an hour before the State Police called, and nothing was going one. Mrs. Visconti feels it is a neighborhood problem and we should do nothing unless contacted by his attorney. COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI had no reports at this time. COUNCILMAN BETTINA had no reports at this time. COUNCILWOMAN VISCONTI read in the paper about Mr. Casillio of Diddell and Maloney road projects, taking down the tunnels. He has requested a grant. What she would like us to do is ask Graham Foster, Highway Superintendent put together a proposal of what the Town would be willing to do and then discuss at a workshop. Mrs. Visconti also wish to thank Mrs. Buckley our Comptroller for the new abstract, it had a description of what all the checks represented. Its a great help. SUPERVISOR SMITH said that we should encourage the passage of Governor Pataki's Clean Water/Clean Air Bond Act simply because we have money in there for Phase 3A. The other thing is the MOVE money that Senator Saland asked us to do a project on and we said Degarmo Hills Road and Regency Drive. Today she heard that Degarmo Hills Road has been approved, so we will be receiving the money for that project. Regency Drive has not be approved yet. At this time Supervisor Smith introduced County Legislature Page 13 102896.RGM Gutzler and County Legislature Lecker from the audience. Ms. Gutzler announced that Friday the County Budget would be released. It is going to be a lean Budget. The County is in this year. good financial shape regarding the Fund Balance. We will see Budget meeting has some money go to Fund Balance to keep the tax levy to a requests have minimum. Mr. Valdati asked Ms. Gutzler if the legislatures be would be receiving raises this year. Ms. Gutzler said to the Budget meeting has best of her knowledge no requests have been made by the elected be officials. Ms. Gutzler announced that she had met with the Chairman of the Human Rights Commission, and there are 4 vacancies on the commission. If anyone here is interested in community service, and willing to serve as a commissioner please contact Barbara Gutzler. SUPERVISOR SMITH announced that February 16 to 19 is the Association of Towns, and anyone going must sign up. The November 4th Budget meeting has been changed to November 6th at 5:30 P.M. A Special Town Board Meeting will be held on November 12th at 6:45 P.M to set a Public Hearing for the Budget. BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of September on the Subdivisions, the amounts, expiration dates and call up dates. COUNCILWOMAN VISCONTI moved to accept Mr. Close's report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried RESOLUTIONS Supervisor Smith announced that The Resolution to adopt a preliminary Budget and Set a Public hearing will not be done tonight, because it was not ready. The next item for the Boards consideration is to set Public Hearing for the Water/Sewer/Improvement Area Benefit Assessment Rolls. Supervisor Smith informed the Board that she would like Page 14 102896.RGM to set the Public Hearings on November 20, 1996 beginning at 7:00 P.M. one minute apart. We will also have a Special Town Board Meeting to adopt the Budget on November 20, 1996 at 7:35 P. M. COUNCILMAN VALDATI moved to set Public Hearings on the Benefit Assessment Rolls for the Water & Sewer Districts and Improvement Areas on November 20, 1996 beginning at 7:00 P.M. and continuing at one minute intervals until completed for: Fleetwood Water District, Ardmore Water Improvement Area, Central Wappinger Water Improvement Area, Cranberry Hills Water District, Myers Corners II Water District, North Wappinger Water District, Oakwood Knolls Water District, Tall Trees Water Improvement Area, Wappinger Cranberry Water Improvement Area, Wappinger Park Water District, Fleetwood Sewer District, Mid -Point Park Sewer Improvement Area, Rockingham Farms Sewer District, Wappinger Sewer Improvement Area #1, Wildwood Sewer District, Wappinger Sewer Transmission Treatment Improvement Area #1, Wappinger Sewer Transmission Treatment Improvement Area #2. Seconded by Mrs. Visconti Motion Unanimously Carried The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: RESOLVED, that all delinquent water and sewer bills in arrears as of November 8, 1996 in Ardmore Water, Central Wappinger Water, Fleetwood Water, Myers Corners II Water, North Wappinger Water, Oakwood Water, Tall Trees Water, Wappinger Park Homes Water, Watch Hill Water, Fleetwood Sewer, Mid Point Park Sewer, Rockingham Farms Sewer, Wappinger Sewer Improvement #1, Watch Hill Sewer, and Wildwood Sewer in the Town of Wappinger be forwarded to the County of Dutchess to be place on the Tax Rolls of 1997. A list of all delinquent charges will be forwarded to the County on November 15, 1996. Page 15 102896.RGM Seconded by Mrs. Visconti P.O. payable to NaCom for $6,796 to provide the new data cabling that is required for the Town Hall, they being the lowest bid. Seconded by Mr. Bettina Motion Unanimously Carried Permission for the following Budget Amendments were requested by Ann Buckley, Comptroller. A FUND Increase Expenditure 1680.40 Central Data Processing $21,115 Increase Expenditure 1355.40A Assessor/C.E 20,459 Decrease Expenditure 1990.40A Contingent Acct. 41,614 To Pay for charge backs prior to levy on 1997 taxes. These charges are the result of Tax Certioraris/printing report; printing bills and cost of binders. COUNCILWOMAN VISCONTI moved to approve the above Budget Amendments as requested by Ann Buckley, Comptroller. Seconded by Mr. Valdati Motion Unanimously Carried The next request from Comptroller Ann Buckley are the following transfers for Budget Amendments. These are the readjustments for the closing of the books to get things in line to close off the accounts. A FUND Decrease Revenue 2260A Stop DWI 455.00 Increase Revenue 2001A Park & Recreation 455.00 To Stop DWI revenue to actual received. Increase Revenue 2680A Insurance Recoveries 4,341.39 Page 16 Motion Unanimously Carried In order to update the computer system and network all computers in the Town Hall, new data cabling is required. Three proposals were received to do the work. Comptroller Ann Buckley requests permission to issue a P.O. in the amount of $6,796 payable to NaCom, they being the lowest bid. COUNCILWOMAN VISCONTI moved to authorize Ann Buckley to issue a P.O. payable to NaCom for $6,796 to provide the new data cabling that is required for the Town Hall, they being the lowest bid. Seconded by Mr. Bettina Motion Unanimously Carried Permission for the following Budget Amendments were requested by Ann Buckley, Comptroller. A FUND Increase Expenditure 1680.40 Central Data Processing $21,115 Increase Expenditure 1355.40A Assessor/C.E 20,459 Decrease Expenditure 1990.40A Contingent Acct. 41,614 To Pay for charge backs prior to levy on 1997 taxes. These charges are the result of Tax Certioraris/printing report; printing bills and cost of binders. COUNCILWOMAN VISCONTI moved to approve the above Budget Amendments as requested by Ann Buckley, Comptroller. Seconded by Mr. Valdati Motion Unanimously Carried The next request from Comptroller Ann Buckley are the following transfers for Budget Amendments. These are the readjustments for the closing of the books to get things in line to close off the accounts. A FUND Decrease Revenue 2260A Stop DWI 455.00 Increase Revenue 2001A Park & Recreation 455.00 To Stop DWI revenue to actual received. Increase Revenue 2680A Insurance Recoveries 4,341.39 Page 16 23 r, 102896.RGM Increase Revenue 3001A State Revenue Sharing 7,190.61 Increase Revenue 3003A Equalization & Assess. 9,168.00 To increase above revenues to actual received. 16,240.41 Increase Expenditure 1440.4A Engineer 2,000.00 Increase Expenditure 1620.2A Building Equipment 700.00 Increase Expenditure 1620.45A Miscellaneous 5,000.00 Increase Expenditure 3510.2A Dog Warden Equipment 12,500.00 Increase Expenditure 9055.8A Disability Insurance 500.00 To increase expenditures to keep line items from going over budget due to purchase of vehicle for dog warden; purchase of files; additional engineer expense; increase in disability insurance and additional contract expense. B FUND Decrease Revenue 4960B Federal Disaster Assist. 5,708.10 Increase Revenue 3090B State of NY Disaster 3,245.25 Increase Revenue 26808 Insurance Recovers 16,240.41 Increase Revenue 3001B State Revenue Sharing 9,686.44 To increase revenue to show monies received. Increase Expenditure 3120.2B Vandalism Patrol Equip. 22,714.00 Increase Expenditure 9055.8B Disability Insurance 750.00 To Increase expenditures to show purchase of new vandal patrol vehicle; to increase line item for disability. COUNCILWOMAN VISCONTI moved to approve the above Budget Amendments as requested by Ann Buckley, Comptroller. Seconded by Mr. Valdati Motion Unanimously Carried Permission for the following Budget Amendments for Highway was also requested by Mrs. Buckley: Increase Revenue 309ODB State of NY Disaster $ 3,428.85 Increase Revenue 3502DB SHIPS Program 48,900.00 Increase Revenue 4960DB Federal Disaster Assist. 16,610.00 Increase Expenditure 5110.4DB General Repairs 68,938.85 To account for State Aid and Disaster Assistance. COUNCILWOMAN VISCONTI moved to approve the above Budget Amendments as requested by Ann Buckley, Comptroller. Seconded by Mr. Valdati Motion Unanimously Carried Supervisor Smith informed the Board that we applied for FEMA for several different projects. Everything came under a Page 17 ,)4(j 102896.RGM different title but we received $20,038.85 from FEMA. The SHIPS reimbursement came to $48,900. However, we still have FEMA money coming for plowing. The introduction of the Local Law for Zoning Ordinance #4 and to set a Public Hearing was now placed before the Board. AMENDMENT OF THE TOWN OF WAPPINGER ZONING LAW INTRODUCTION OF LOCAL LAW NO # OF 1996 4 The following resolution was moved by Councilperson Valdati and seconded by Councilperson Visconti. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town of Wappinger Zoning Law requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions and other amendments as part of a comprehensive updating of the Town's Zoning Law; and WHEREAS, the primary purpose of the comprehensive zoning revisions is to update and modernize the entire Zoning Law in accordance with currently accepted planning standards and procedures, recent enabling legislation, and new case law; and WHEREAS, the revisions will also correct the many inconsistencies and internal discrepancies which have developed over the years as a result of many independent and uncoordinated zoning amendments; and WHEREAS, as part of the comprehensive review and revision of the Zoning Law, the Town Board has already adopted two sets of amendments to Local Law #5 of 1990 by local laws in 1994 and 1995; and WHEREAS, the Town Board currently has before it for consideration proposed comprehensive revisions to the Zoning Law; and WHEREAS, earlier versions of the proposed revisions have been referred to the Town of Wappinger Planning Board pursuant Page 18 w ` 1 102896.RGM to Section 600.2 of the Zoning Law of the Town of Wappinger; and WHEREAS, the Town Board determined that the proposed Action (i.e., the adoption of revisions to the Zoning Law) is Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 616 NYCRR (commonly known as "SEQRA') and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law); and WHEREAS, the Town Board has determined that he 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 No. of 1996 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed Zoning Law amendments. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No,. of 1996 for 7:00 P.M. on the 25th day of November, 1996 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act a follows with respect to the proposed Local Law: Page 19 102896.RGM a. To serve a copy of this resolution, the annexed proposed Local Law, and the Public Hearing notice to the municipal clerk of each abutting municipality not less than (10) days prior to said public hearing; b. To Serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice 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 public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 600.2 of the Zoning Law prior to said public hearing. The question of adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: Constance 0. Smith Voting: Aye Vincent Bettina Voting: Aye Joseph Ruggiero Voting: Aye Robert Valdati Voting: Aye June Visconti Voting: Aye The resolution is hereby duly declared adopted. The last item for the Boards consideration is from Attorney Joel Hanig with an application for the Atlas Water District Extension No. 1 in the Town of Wappinger for the Cedar Ridge Subdivision. COUNCILMAN RUGGIERO moved to take this application to a January Workshop. Seconded by Mrs. Visconti Motion Unanimously Carried UNFINISHED BUSINESS Correspondence from Adil Anitia, 4 Maxwell Place regarding the damages sustained to her property by Town equipment. Mrs. Anitia Page 20 102896.RGM was very upset because the Town Board declined her request to have repair damages to her property. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried ),4w Additional correspondence from Arlene Cole satisfying her 30 day obligation to notify the Town regarding the rats living in the easement trench that borders her property. Once again reminding the Town if Town workers do anything to disturb the nests causing them to migrate to her property, she is putting the Town on Notice. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried MRS. VISCONTI had several items that she wished to go over. She asked Mrs. Smith if Paul Reed of Bell Nynex, met with her. Mrs. Smith said he did come in, and is looking into different locations. Mrs. Smith heard that other companies will soon be looking into this area for suitable sites also. Mrs. Visconti also questioned Mr. Foster about the safety study conducted at the Rail Highway Grade Crossing on Front Street, did he hear anything on that yet. Mr. Foster said he has not heard from Mr. Rehm, the Engineer, he is waiting for a ruling from his Supervisor. Mrs. Visconti also questioned Mr. Paggi on 404 Rockingham, have we ever heard on that. Mr. Paggi said we have not, he will follow up on that. Also, on Web site, what are we doing with that. Mrs. Smith informed Mrs. Visconti that Mr. Jeffries is coming to a workshop. At this time Supervisor Smith distributed keys for the large Page 21 102896.RGM meeting room to all the Board Members. MR. FOSTER, on the Sweeper. Since we bought the new sweeper, we have had a number of mechanical problems and have not had much luck repairing it. We have an extension of the original warranty in writing, that they will carry through the next sweeping season. There is an outside chance that as part of the warranty they may offer another sweeper of equal or greater value, at no charge. At this time, Mr. Foster would like permission from the Board to accept the offer of the new sweeper as part of the warranty, at no charge. COUNCILWOMAN VISCONTI moved the authorize Mr. Foster, Highway Superintendent to accept, if offered, a new sweeper as part of the extended warranty, at no charge. Seconded by Mr. Bettina Motion Unanimously Carried Barbara Gutzler, Russett Lane, was recognized by the Board and wished to know what is going to be done about improving the safety conditions at the intersection of All Angels Hill and Kent Roads. Mr. Foster explained that he had notified the Dutchess County DPW that there is no way you can get a Lowboy or a Moving Van up Kent Road out on All Angels Hill Road with the new paving job that they have done. They brought the Contractor back once, he did do some work, but Mr. Foster is not satisfied. Some day a trailer is going to get hung up and block the entire intersection. They have not gotten back to him yet. Jay Paggi, Engineer to the Town commented, that when Jim Klein did the Nicole Farms subdivision he was required to make intersection improvements at All Angels and Kent and All Angels and Cider Mill Loop. He was going to widen out the radii of r those curves from the existing five feet to twenty-five feet. When he implemented the project in order to do the project he would have to move two utility poles. The work planned for the Page 22 944, 102896.RGM Cider Mill Loop side will not be able to be done, however the work planned for the Kent Road side will probably be done next Spring. The turns will be widened at that intersection. Mr. Bettina wanted it on the record that residents on Chelsea Road would be circulating a petition to drop the speed limit to 30 MPH from Chelsea Ridge to River Road, and he will be working with them and will bring the petition to the Town. At this time COUNCILMAN VALDATI asked Supervisor Smith if there was a Memo for a fund raiser for United Way circulating, and if so, would she explain how it works. Mrs. Smith went on to explain what the incentives were. All participants names would go in a bowl for a drawing of: A years membership at Sam's Club, a $25 gift certificate to the Galleria, one dozen roses free from Reni Florist, a $15 gift certificate from Longobardi's, a $50 gift certificate from Greenbaum & Gilhooley's, a $10 lunch certificate for 2 at Metzger's, one dozen carnations wrapped from Fernwood Florist, and a gift certificate for and 8" Mousse Cake for the Pastry Garden. In addition, anyone giving $100 (2.00 per week) would receive a 1/2 day off. Anyone giving $200 ($4.00 per week) would receive a full day off. Mr. Valdati questioned Supervisor Smith in regard to the incentive to give the employees time off, shouldn't that have Board approval. Supervisor Smith said we have done this before. There was some discussion among the Board. If ALL the employees gave between $100 and $200 and are given time off, it would cost the Town a great deal of.money. Supervisor Smith said it was done in the past, without Board approval, if the Board wished she would change the incentives. Mr. Valdati, said he was sure the Board would do the right thing to help United Way, as long as it is presented to the Board first, there would be no problem. Supervisor Smith said she never had to present it to the Board before, so she didn't know she had to. Page 23 102896.RGM She would gladly change it if they wanted it changed. Mr. Valdati said no, but in the future present it before the Town Board first. r1-Iffn1=11M-A.J, There was no other Business to come before the Board. COUNCILMAN BETTINA moved to adjourn the Town Board Meeting, seconded by Mrs. Visconti and Unanimously Carried. The Town Board Meeting closed at 8:35 P.M. Elaine H. Snowden Town Clerk Page 24 W,