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1995-04-24 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 24, 1995 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. March 27, '95 Special March 29th & April 10th 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Receiver of Taxes Bldg. Insp. Zng. Adm. Dog Control Officer 5. PETITIONS & COMMUNICATIONS 'I. Notification of intent to make application for Liquor License by Macks Pizza & More (Donald & Susan Mackey) New Hackensack Plaza >. Application for Rezoning from Marie Palmatier, Old Post Rd., Parcel from COP to HB c. M. Liebermann, Fire Insp. requests permission to attend Annual Hudson Valley Code Enforcement Officials Conference 5/3 thru5/5 & Members of Zng Bd. of Appeals and Planning Bd request permission to attend D. Co. Ping. Fed.Short course 5/4 and 5/11 d. Request from Wappingers Central school to use 7 Voting Machines for May 17th Elections e. Application for Hawking & Peddling Lic. from John Manwaring for Ice Cream Truck f. U.S. Cablevision Francise Agreement g. Nathan Spells property -Spook Hill Rd. -Provide subd w/Water h. Expiration fo term of Rec. Committee member Ellen Korz on 5/1/95 i. Proposals for grounds care for various t/grassy areas j. Memos from G. Foster, H. Supt. (1) Sand at State Intersections (2) Bids for Sweeper k. J. Paggi, Eng. to Twn., reports: (1) Scott Drive & Edgehill Dr. (2) Kablaoui property line/Tall Trees Water Dist 1. Memo from C. Smith, Sup., to Frank Gildea, re: New Building M. Peter Tomasic Property -Rezoning request - Corr. :From D. Co Dept Plr n. R. Holt, Rec. Ch., requests for: P.O.'s for (1) fencing, Quiet Acres (?) Fencing, Barn on Montfort Rd. (3) Paint for Rec. Bldgs F dugouts (4) use of pool facilities at Deer Hill Conference Center for Swim Program (5) Direction as to Chelsea Dock Plan (6) approve acceptance of "Christmas" tree for Schlathaus Park o. Request for P.O. from E. Snowden for binding more old record Books p. requests for return of escrows (Tables from March) for Contrail Assoc. and M. Mahar q. Armen Manasar, request for Release & Indemnnification in connection with Corey Castellano Batting Pavilion - Robinson Lane E. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT H. Levenson Report S. RESOLUTIONS a. A. Buckley, Comptroller, request for Transer of monies Lor Storm Drain 9. UNFINISHED BUSINESS Poughkeepsie Journal 10. NEW BUSINESS 11. ADJOURNMENT 950424.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on April 24, 1995 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 Joseph Incoronato, Councilman June Visconti, Councilwoman Absent: Robert Valdati, Councilman (arrived at 7:32 P.M.) Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph E Paggi, Jr., Engineer to the Town Graham Foster, Highway Superintendent Herb Levenson, Zoning Administrator The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. MINUTES i j The Minutes of the Regular Meeting of March 27, 1995, the Special Town Board Meetings of March 29, 1995 & April 10, 1995, having previously been forward to the Board Members, were placed before them for their consideration. COUNCILWOMAN VISCONTI moved that the above stated Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Incoronato Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of March were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Building Inspector, Zoning Administrator, Dog Control Officer. COUNCILWOMAN VISCONTI moved to accept the above stated reports and place them on file. Page 1 950424.RGM Seconded by Mr. Incoronato Motion Unanimously Carried PETITIONS & COMMUNICATIONS A notice of intent to obtain a liquor license was received from Susan & Donald Mackey of Mack's Pizza and More located in the New Hackensack Plaza Route 376 and Maloney Road. COUNCILWOMAN VISCONTI moved to accept the notice of intent to obtain a liquor license from Susan & Donald Mackey of Mack's Pizza and More, and place it on file with no comment. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is an application for rezoning from Marie Palmatier, Old Post Road, for a parcel to be changed from COP to HB. COUNCILMAN RUGGIERO moved to table this application for rezoning, since the owner has no legitimate reason to rezone other than to sell the property. Also authorize the Supervisor to send Mrs. Palmatier a letter advising her the reason for the Boards decision. Seconded by Mrs. Visconti Motion Unanimously Carried Next on the Agenda are several requests to attend conferences and short courses. First is a request from Mark Liebermann for permission to attend the 1995 Annual Code Enforcement School to be held at the Holiday Inn, Route 9, Fishkill, May 3rd, 4th, and 5th. The cost of the three day school $125.00. The course to count for 16 hours of in service training, mandated by the State of New York, pursuant to 19 NYCRR Part 434. The second request is for permission for several members of the Planning Board and Zoning Board of Appeals to attend Dutchess County Planning Federation short courses on Zoning & Planning on Page 2 950424.RGM May 11th and May 4th, respectively. COUNCILWOMAN VISCONTI moved to approve the request for Mark Liebermann to attend the Annual Enforcement Officials Conference, May 3rd, 4th and 5th and for the members of the ZBA and Planning Board to attend Dutchess County Planning Federation short courses on May 4 and May 11 and their legitimate expenses to be a Town Charge. Seconded by Mr. Valdati Motion Unanimously Carried A request was submitted from Susan M. Phillips, District Clerk, Wappingers Central School District, for the use of seven (7) voting machines for the upcoming Annual Election to be held on May 17, 1995. COUNCILMAN VALDATI moved to approve the request from Susan M. Phillips for the use of seven voting machines for the upcoming Wappinger Central School District Annual Election. Seconded by Mr. Ruggiero �r Motion Unanimously Carried An application for a Hawking & Peddling License from John Manwaring to sell Ice Cream from an Ice Cream truck. COUNCILWOMAN VISCONTI, moved to approve the Hawking & Peddling License for Mr. Manwaring to sell Ice Cream from an Ice Cream truck. Seconded by Mr. Incoronato Motion Unanimously Carried Next for the Boards Consideration is the proposed US Cablevision Transfer Agreement. SUPERVISOR SMITH announced a Public Hearing to be set for May 8, 1995 at 7:00 P.M. Voting to follow at a Special Town Board Meeting. COUNCILWOMAN VISCONTI moved to set the Public Hearing for the proposed transfer of control of the existing US Cablevision Page 3 950424.RGM Contract, for May 8, 1995, at 7:00 PM. Voting to follow at a Special Town Board Meeting at 7:10. PM. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Attorney to the Town, Al Roberts, regarding Nathan Spells Property on Spook Hill Road, and providing the subdivision with water. COUNCILWOMAN VISCONTI moved, based on a policy that was adopted at a Town Board Workshop, prior to receiving final approval, the benefit assessment on the Nathan Spells Property on Spook Hill Road be assessed .2, raw vacant land. Seconded by Mr. Incoronato Motion Unanimously Carried There being a vacancy on the Recreation Committee as of May 1, 1995, due to the expiration of the term of Ellen Korz. Consideration of filling this vacancy was now placed before the Board. The following Resolution was offered by COUNCILWOMAN VISCONTI 'ji who moved its adoption RESOLVED, that Ellen Korz be and she hereby is reappointed to fill the vacancy as a member of the Recreation Committee of the Town of Wappinger which has occurred by reason of expiration of her term of office, and IT IS FURTHER RESOLVED, that the said Ellen Korz is hereby reappointed to the Recreation Committee for a term which shall expire on the 1st day of May, 2000. Seconded by Mr. Ruggiero Motion Unanimously Carried Proposals and Contracts were received for Lawn Maintenance from Lehigh Lawns and Landscaping and Antson Construction, for maintenance of the Town Hall, Fieldstone Farms, and Wildwood Strip. Page 4 950424.RGM COUNCILWOMAN VISCONTI moved to approve the proposals from Lehigh Lawns and Landscaping as low Bidder, for maintenance of the Town Hall, Fieldstone Farms, and Wildwood Strip, and authorize the Supervisor to sign the contract. Seconded by Mr. Valdati Motion Unanimously Carried Several Memos from Graham Foster, Highway Superintendent. The first is regarding Sand on the State Intersections. Mr. Foster contacted NYSDOT concerning sand at the intersection of Route 9 and Middlebush Road, Myers Corners Road and East Main Street and spoke with General Foremen, Joanne Wiederman and she will get back to him as soon as possible. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried The second memo from Mr. Foster is a copy of the sweeper bid specification that was requested at the March 27, 1995 Town it Board Meeting. COUNCILWOMAN VISCONTI moved to reject all previous sweeper Bids. that have been received. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize Graham Foster, Highway Superintendent to go out to bid for the new Sweeper. Seconded by Mrs. Visconti Motion Unanimously Carried Jay Paggi, Engineer to the Town presented several reports on preliminary field investigation on Two Drainage concerns. The first report concerned the drainage easement along the west side of the Kevin Martz property 88 Scott Drive. After a preliminary field investigation Mr. Paggi indicated that there Page 5 950424.RGM are no backups into the easement along the rear of Mr. Martz's property. COUNCILMAN RUGGIERO moved to accept the report and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried The second problem concerns 5 Edgehill Drive. After inspecting the site in conjunction with Mr. Foster, Mr. Paggi recommended that to effectively drain this ditch line, significant work outside the scope of normal Town operations would need to be performed. The practical solution created in the ditch line adjacent to 5 Edgehill Drive would be to fill it in to the existing water elevation. The out come to solve this problem; Mr. Foster to provide material to the Residence of 5 Edgehill Drive to fill in the existing water elevation. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. i Seconded by Mr. Valdati Motion Unanimously Carried The last report from Mr. Paggi concerns a piece of property that is proposed to be transferred from the Town of Wappinger to Mahmoud Kablaoui located on Amherst Lane. This came about after a request was made by the property owner to determine if some trees adjacent to the property line were on the Town's property or on his. After a survey was completed, it was discovered that the property line as per the filed map and the property line as in possession were radically different. When notified of the transfer, Dan O'Connor of Dutchess County Heath Department had no objections, to the deeding of the property, his only recommendation; Mr. Kablaoui and all future owners be restricted from installing a subsurface sewage Page 6 950424.RGM treatment system on the piece of property. COUNCILMAN VALDATI moved to authorize Attorney to the Town, Al Roberts to prepare the necessary deed, with restrictions, for the transfer of property from the Town of Wappinger to Mr. Kablaoui and also direct the Engineer to notify the Planning Board. Seconded by Mrs. Visconti Motion Unanimously Carried A Memo directed to Supervisor Smith from Frank Gildea, Executive Director of Sloper Willen Community Ambulance Service, Inc. regarding the rumors being circulated through the community at large, that their ambulances will not fit into the bays of the new Emergency Services Building. Mr. Gildea assured Supervisor Smith that all their ambulances will fit into the new building. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from The Dutchess County Department of Planning on the proposed Site Plan Tire King. Based on their review and subsequent meetings with Mr. Tomasic's engineers, all of their previous concerns have been addressed and they have no objections to the rezoning of this property COUNCILMAN RUGGIERO moved to authorize attorney to the Town Al Roberts prepare Local Law and an Introductory Resolution. Seconded by Mrs. Visconti Motion Unanimously Carried The following Purchase Orders were submitted for approval by Ralph Holt, Chairman of the Recreation. $940.00, payable to A-1 Fence Company for fencing at the Quiet Acres Playground to enclose a portajohn. The funds to come from Recreation Page 7 950424.RGM Equipment account A-7110.20. COUNCILWOMAN VISCONTI moved to approve the Purchase Order for $940.00 payable to A-1 Fence Company. Seconded by Mr. Incoronato Motion Unanimously Carried The next Purchase Order submitted for approval by Mr. Holt is $1,560.00, payable to A-1 Fence Company, for fencing at the Montfort Road Barn Area. The funds to come from Recreation Equipment account A-7110.20. COUNCILWOMAN VISCONTI moved to approve the Purchase Order for $1,560.00 payable to A-1 Fence Company. Seconded by Mr. Incoronato Motion Unanimously Carried The next Purchase Order submitted for approval by Mr. Holt is $1,200.00, payable to Sherwin Williams for paint for recreation buildings and dugouts. COUNCILWOMAN VISCONTI moved to approve the Purchase Order for $1,200.00 payable to Sherwin Williams. Seconded by Mr. Incoronato Motion Unanimously Carried The last Purchase Order submitted for approval by Mr. Holt is $6,200.00, payable to Deer Hill Conference Center for the use of their pool facilities for the 1995 summer swim programs. These funds are allocated in the B-7310-40 account. COUNCILWOMAN VISCONTI moved to approve the Purchase Order for $6,200.00 payable to Deer Hill Conference Center. Seconded by Mr. Incoronato Motion Unanimously Carried Also, several Memos from Mr. Holt. The first, in regard to the special paint for Spook Hill Park. SUPERVISOR SMITH informed the Board that because special paint is being used for Spook Page 8 950424.RGM Hill Park, arrangements have been made for a demonstration by the paint company on the proper procedure for applying the special paint. The next memo was for some direction in regard to the Chelsea Boat Ramp. .,, COUNCILWOMAN VISCONTI moved to authorize Mr. Holt to continue the implementation of the plan for the Chelsea Boat Ramp. Seconded by Mr. Ruggiero Motion Unanimously Carried Mrs. Smith informed the Board that they would be using the old police vehicle to shuttle people back and forth from the dock ramp. Mr. Incoronato raised the question as to the cost of using the old vehicle versus paying mileage to a driver. The old police vehicle would have to be insured and licensed, etc. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to do an analysis of Town vehicle versus use of private vehicle to be used as a shuttle back and forth from the dock ramp. Seconded by Mr. Incoronato Motion Unanimously Carried The last memo submitted by Mr. Holt is in regard to a Christmas tree donation. It is approximately 20-25 feet tall, and an estimate of $660.00 has been received to remove the tree from its present location and place it in Schlathaus Park. COUNCILMAN INCORONATO moved to approve the acceptance of the Christmas tree for Schlathaus Park at a cost of $660.00 to remove it from its present location and place in Schlathaus Park, the funds to come out of Recreation. Seconded by Mrs. Visconti Motion Unanimously Carried A Purchase Order submitted by Elaine Snowden, Town Clerk, for the approval of $5,526.00, payable to Brown's River Bindery, Page 9 950424.RGM Inc., a Records Preservation Service, for continuing work on several more of the Town's old Birth, Death and Marriage Records. COUNCILMAN INCORONATO moved to approve the Purchase Order submitted by Elaine Snowden, Town Clerk, for $5,526.00 payable to Brown's River Bindery, Inc. for the Records Preservation Services. n Seconded by Mrs. Visconti Motion Unanimously Carried Requests for the return of Escrow funds were received from the following: (1) Contrail Associates (Flavormatic) $67.41. (2) Margaret Mahar $1,468.51. COUNCILWOMAN VISCONTI moved to approve the return of Escrow funds to Contrail Associates (Flavormatic) for $67.41 and Margaret Mahar for $1,468.51, based on the recommendation of the Zoning Administrator, Herb Levenson. Seconded by Mr. Incoronato Motion Unanimously Carried Request from Armen Manaser to consider providing the Friends of Corey Castellano Committee, which consists of Armen Manasar, Charles Antonucci, Robert Brewer, James Whalen and Vincent Quicci, with a release and Indemnification in connection with the construction and installation of the 3 unit batting pavilion at the Town of Wappinger Recreation Complex on Robinson Lane. COUNCILWOMAN VISCONTI moved to refer this request to Al Roberts, Attorney to the Town before any further action is taken. Seconded by Mr. Incoronato Motion Unanimously Carried COMMITTEE REPORTS I COUNCILMAN RUGGIERO gave a short report on Tri -Muni. The Page 10 950424.RGM commission reported there has been a change order on Contract No. 4 in the amount of $8,700.00. Mr. Ruggiero also met with a security firm in regards to the security needs at Spook Hill Recreation Park. A meeting has been arranged with Mr. Holt and a Spokesman from the security firm to outline a plan for security at Spook Hill Recreation and they will get back to us. COUNCILMAN VALDATI on Bulk Pick up. Mr. Foster informed him that everything is going according to plan. Some residents still not separating the items as requested or putting them out on time. COUNCILMAN INCORONATO on Dial -a -Ride Meeting. Attendance is up from last year. Three new buses with wheel chair lift will be added. Passengers have been limited to carrying 4 shopping bags on the bus. They also expect to computerize the scheduling system by years end. COUNCILWOMAN VISCONTI report on Chelsea Boat ramp, and the ability to park cars at Castle Point Recreation area, with I anticipation that it will be well received by the residents of Chelsea. SUPERVISOR SMITH on the Tri -Muni. Ground breaking ceremonies will be held on Thursday April 27, 1995 at 4:30 P.M. Landscaping is being done at the New Emergency Building, quite a few trees have been donated. Also, a letter from the State Revolving Fund informing the Town they have a credit of $52,120.83. BONDS AND LETTERS OF CREDIT Mr. Levenson's monthly report on the schedule of Bonds and Letters of Credit for the various subdivisions with the amounts the expirations and call up dates was received. COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's report of the schedule of Bonds and Letter of Credit and place them on file. Page 11 950424.RGM Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS Ann Buckley, Comptroller with a request for permission to transfer $300.00 from the Reserve for Downstream Drainage Account 889B to the Storm Cleaning and Drainage Expenditure Account 8540.40B. For work done (T.V. Storm Drain Line on Beechwood Circle) by Camo Pollution Control. COUNCILWOMAN VISCONTI moved to authorize the transfer of funds as requested by Ann Buckley, Comptroller. Seconded by Mr. Incoronato Motion Unanimously Carried UNFINISHED BUSINESS Poughkeepsie Journal -- SUPERVISOR SMITH announced that this issue would be taken up at Executive Session later in the evening. COUNCILMAN RUGGIERO on the four way STOP sign at Wildwood with Wendy Road and Russ Place that had been discussed at an earlier meeting. There was a workshop and a Public Hearing on November 7, 1994 for the additional Stop signs with input from many of the residents. Mr. Foster informed the Board that the State does not recommend STOP signs to control Speed. At this time the Board recognized Victor Fanuele of 12 Wildwood Drive. Mr. Fanuele felt that the 4 way STOP sign would be a safety feature. SUPERVISOR SMITH informed Attorney Al Roberts that she would pull the Minutes of the Public Hearing of November 7, 1994 to review. COUNCILMAN RUGGIERO moved to authorize Attorney to the Town, prepare a Local Law for a 4 way STOP sign for Wildwood Road at Page 12 �I n n its intersections with Wendy Road and Russ Place. Seconded by Mr. Incoronato 950424.RGM Motion Unanimously Carried Another item Mr. Ruggiero wished to discuss was the conservation property behind Hamlet Court. Teenagers had made a road and a jump, which is very unsightly, and presents a dangerous situation. SUPERVISOR SMITH informed Mr. Ruggiero that she had notified the State Police and the Sheriff. Recreation has also has been contacted to see what can be done to dismantle the jump. NEW BUSINESS A Request from Ann Marie Buck, Dog Control Officer, to attend Animal Control Officer School from May 30, 1995 to June 2, 1995 at a cost of $180.00, plus Room and Board. COUNCILMAN VALDATI moved to approve the request for Ann Marie Buck to attend Animal Control Officer School from May 30, 1995 to June 2, 1995 and her legitimate expenses be a Town charge Seconded by Mrs. Visconti Motion Unanimously Carried COUNCILMAN INCORONATO questioned Mrs. Smith on the April Nynex Phone bill, $1,118.00. It seemed much higher than usual for local calls. Mrs. Smith explained that several bills had been combined. She will check on this further and get back to him. At this time 8:20 P.M. COUNCILMAN INCORONATO moved to go into Executive Session. Seconded by Mrs. Visconti Motion Unanimously Carried. The Town Board Meeting reconvened at 8:45 P.M, with all Board members present, there was no action to be taken from the Executive Session. Page 13 950424.RGM There was no other business to come before the Board. COUNCILMAN INCORONATO moved to adjourn the Town Board Meeting, Seconded by Mrs. Visconti Motion Unanimously Carried The Town Board Meeting adjourned at 8:45 P.M. by Florence Hannon Elaine H. Snowden Town Clerk Page 14