1995-01-23 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
JANUARY 23, 1995
7:30 p.m.
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes: Reg. Dec. 27, 1994 Re -Org. Jan. 4, 1995
4. REPORTS OF OFFICERS: Annual report; Judge Wolfson - Rec. Comm. Attendance
Monthly: Sup/Compt Rec. of Taxes Bldg. Insp. Zng. Adm. Dog Control
Officer Nov. & Dec.
5. PETITIONS & COMMUNICATIONS
a,; Geo. Budd, Pres., Buds Party Tents, Inc. re: no provision for Commercial
use of tents in Ordinance
b, V. Mercado & j. Bozentko, 5 edgehill, re: Easement along property lire
collecting water
c. A. sparacino, Lake Oniad, re: Water Damage to driveway
d. Notification of intent to renew Liquor Lic. from R. Jordan, Friendly ]
e. R. Holt, Rec., Ch. re: (1) Lighting at spook Hill (2) Requests for
P.O.s for: Advertising - payment for school custodians services (3)
Request permission to bid for new truck
f. G. Foster, H. Supt., requests permission to seek bids for Highway
materials & new truck (2) confirm personnel appointment & Sal.
g. Corr. from Jean Gunsch, CE, NYSDOT to Jos. Grogan, D. Co Dept public
re: reqest by town for Linear Speed limit on Myers Corners Rd.
h. N. Barry, 111 So. Ave., re: hiring practice of Highway Supt.
i. J. Paggi, PE, eng to twn, Reports (1) Bell Aire Lane/Tucci-Wildwood
(2) Klassen & T/Fishkill Watch Hill Water Dist.
j. Jack Peluse, Marshall & Sterling, notification of reduced premium
k. A. Roberts, Attny to Twn, re: Stotz - Wappinger Falls Trlr Pk Water
1. Vacancy on Zoning Board of Appeals -Michael Hirkala term expires2/1 (5
M. Friendly Motorcars request for return of escrow funds
n. Evergreen Estates (dev.) Request
6. COMMITTEE REPORTS
&. BONDS & LETTERS OF CREDIT
a. H. Levenson Report
b. Reduced letter of Credit from C. Rymer
c. Letter of Credit H. Redl-Wyndham Crossing
8. RESOLUTIONS
a. Consider adoption of L.L.'s for STOP SIGNS
b. Accept Dorothy Klein Easement, and authorize Supervisor to Sign
C. Dedication of Roads & Improvements: Red Hawk Hollow - Lookout Point
d. Res. for issuance of add'l Serial Bonds - set date for Public Hearing
e. Authorize Attorney to prepare local Law for amendment to Senior
Citizen Tax exemptions
f. Res supporting TIPS funding for bikeway/walkway at Rte 9 Bridge over
Village lake
9. UNFINISHED BUSINESS
Consider Association of Towns Resolutions for direction to delegate
10. NEW BUSINESS
11. ADJOURNMENT
REMINDER: PUBLIC HEARINGS START AT 7:10 on L.L. for STOP S
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The Regular Meeting of the Town Board of the Town of Wappinger
was held on January 23, 1995 at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York.
Supervisor Smith Called the Meeting to order at 7:35 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
1r, Joseph Incoronato, Councilman
June Visconti, Councilwoman
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
The Minutes of the Regular Meeting of December 27, 1994 and
Reorganizational Meeting of January 4, 1995, having previously
h been forwarded 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. Valdati
Motion Unanimously Carried
REPORTS OF OFFICERS
Reports for the Month of December were received from the
Supervisor/Comptroller, Town Justices, Receiver of Taxes,
Building Inspector, Zoning Administrator, Dog Control Officer
for the Months of November & December. Also Annual Reports
from Judge Wolfson, Judge Morse and Recreation Committee
Attendance.
COUNCILWOMAN VISCONTI moved to accept the above stated reports
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and place them on file.
Seconded by Mr. Ruggiero
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Motion Unanimously Carried
PETITIONS AND COMMUNICATIONS
The first item presented to the Board was the correspondence
from Local Business Man, George Budd, President of Budds Party
Tents. While promoting business to local merchants a conflict
occurred. A local establishment was entertaining the idea of
having a Tent Sale. When the owner checked with the Town Zoning
Administrator about the requirements set up within our Town, to
his and my surprise the local Zoning Law did not provide a
provision for the commercial use of a Tent. Mr. Budd noted that
during Labor Day Weekend there is always a Roof-a-thon held on
Route 9 with a tent set up. Two local car dealerships also set
up tents for promotion. The commercial use of tents in the
past has extended to public use with local fire companies, as
well as the town using a tent for public gatherings. Mr. Budd
asks the Town Board to please address the issue now to avoid
problems in the future.
After some discussion by the Town Board, it was recommended that
this issue be referred to the Planning Consultants.
COUNCILMAN VALDATI moved to refer the issue for the provision of
Commercial Use of Tents in Ordinance to the Planning Consultants
Seconded by Mrs. Visconti
Motion Unanimously Carried
Next is correspondence form V. Mercado & J. Bozentko of 5
Edgehill Road, regarding an easement along their property line
that collects water. Mr. Foster informed the Board that he had
checked out the area and said there is not much that can be
done because of the elevation of the culvert on All Angels Hill
Road. He suggested that the owners could fill in the hole
themselves to bring it up to grade to allow the water to run
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off.
COUNCILWOMAN VISCONTI moved to have the Highway Superintendent
revisit the residents and discuss the Boards recommendations.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence with photos, were received from Angie Sparacino
of 16 Lake Oniad Drive regarding water damage to her driveway.
The water runs down from the beginning of Plaza Road, along Lake
Oniad in front of the Cogan residence and ends up at the base of
her driveway. Mr. Foster informed the Board he had contacted
Mrs. Sparacino, and explained what could be done at this time,
and has proceeded on a temporary basis to be completed in the
Spring.
COUNCILWOMAN VISCONTI moved to accept the correspondence and
place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
i
Notice of intent to renew his liquor license was received from
Ronald M. Jordan, d/b/a Friendly Deli, 1108 Route 376,
Wappingers Falls.
COUNCILWOMAN VISCONTI moved to accept the notice of intent to
renew the liquor license of Ronald M. Jordan d/b/a Friendly
Deli, and place it on file without comment.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Ralph Holt, Chairman of Recreation submitted several requests,
The first request was for security lighting at Spook Hill
Recreation. Two (2) estimates were received. Proposal #1 from
Central Hudson would cost the Town Approximately $900.00
annually, plus the electric charges. Central Hudson would be
responsible for the care and maintenance of the equipment.
Proposal #2 from Chris Bar Electric would be $1,846.00, a one
time payment for equipment. We would be responsible for the
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electric charges and the maintenance of the equipment. Mr. Holt
would recommend going with the proposal from Chris Bar Electric.
COUNCILMAN RUGGIERO moved to accept the proposal from Chris Bar
Electric in the amount of $1,846.00 for the security lighting at
Spook Hill Recreation, they being the lowest.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The second request from Mr. Holt is permission to obtain a P.O.
in the amount of $1,700.00 payable to Southern Dutchess News for
advertising for Concerts, Clinics, Summer Playground, and
Special events.
COUNCILWOMAN VISCONTI moved to approve the above Purchase Order
in the amount of $1,700.00 payable to Southern Dutchess News,
for advertising.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The third request from Mr. Holt, is permission to obtain a P.O.
in the amount of $1,105.44 for Custodial services for our
Saturday morning programs at Myers Corners School. There will
be 42 hours of custodial services needed @ $26.32 per hour.
COUNCILWOMAN VISCONTI moved to approve the above Purchase Order
in the amount of $1,105.44 for Custodial Services at Myers
Corners School.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The fourth request from Mr. Holt was permission to go to bid for
the purchase of a new heavy duty dump truck. It is his
understanding that the money for this purchase would come from
the Parkland Trust Fund.
COUNCILMAN RUGGIERO moved to authorize Mr. Holt to go to bid for
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the purchase of a new heavy duty dump truck, the funds to come
from Parkland Trust.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The Last request from Mr. Holt was a recommendation to
reconsider salaries for the 2 full time employees to the
recreation maintenance staff. The skills of these men is
significant. They do plumbing, (handle most repair work at our
rest rooms at Robinson Lane & Martz Field), they do carpentry
(building at Montfort Rd. & Robinson Lane), they also paint, do
roofing and of course, cut grass. They do all of this and much
more and, we will be asking for more as Airport park becomes
available and at Castle Point Park.
COUNCILMAN INCORONATO moved that the annual salary be adjusted
for Steve Tompkins, at $17,500.00 and Robert Weber at $15,000.00
to serve as Maintenance Grounds Keepers.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
'.
Graham Foster, Highway Superintendent seeks permission to go to
bid for the coming year for Highway supplies, such as pipe,
basins, fuel, blacktop, road aggregates and liquid calcium. In
addition, Mr. Foster would like to go to bid for a new sweeper
to replace the current sweeper which is 15 years old and
starting to show its age.
COUNCILWOMAN VISCONTI moved to authorize Mr. Foster, Highway
Superintendent to go out to Bid for Highway supplies for the
coming year and also authorize Mr. Foster to go out to Bid for a
new Sweeper. The sweeper to come out of Capital equipment for
Highway.
Seconded by Mr. Valdati
I
Motion Unanimously Carried
Next, is a letter from Nanette Barry of 111 South Avenue,
Wappingers Falls, regarding Hiring practices in the Town of
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Wappingers. Mrs. Barry has become aware of a new employee hired
at the Highway Department who resides in the Town of
Poughkeepsie. Mrs. Barry feels that this is unfair, a Town of
Wappinger resident should have preference. Her husband has
been applying for this very same job for several years. Mrs.
Barry would like the Town Board to address the hiring practices
and take any necessary action required.
Mr. Valdati agreed that we should chose from Town Residents
first, assuming they are qualified.
Mrs. Smith is also opposed to hiring a resident who lives in
another town to fill positions in Wappinger. Mrs. Smith further
explained that when a Civil Service position becomes available
she gets a list of Town residents first, from which to chose.
Mr. Foster informed the Town Board that the new employee
is a Town of Wappinger property owner and has been a property
owner for 10 years.
When questioned how long all the applications are kept, Mr.
Foster stated he keeps all applications on file for one year.
COUNCILMAN INCORONATO moved to accept the correspondence and
place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The Chair recognized Toni Barry, a resident of Wappingers Falls,
who also sent a letter to the Board. She explained that her
husband, Daniel Barry, also submitted an application for the
position at the Highway Department. Mrs. Smith said that she
did read Mrs. Barry's letter also, she agreed, but this was not
her appointment. Mr. Valdati suggested perhaps the Attorney
to the Town could come up with a Local Law empowering the
Town Board to select Town Residents, assuming they are r
qualified, for any positions that become available.
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Next is to confirm the appointment of Donald E. Seifts for the
position at the Highway Department at a salary set in the
CSEA contract of $14.12 for a MEO.
COUNCILMAN INCORONATO moved to confirm the appointment of Donald
E. Seifts for
the
position at the
Highway
Department at a
salary set in
the
CSEA contract of
$14.12
for a MEO.
Seconded by Mr. Ruggiero
Roll Call Vote:
Supervisor Smith
Councilman Ruggiero
Councilman Valdati
Councilman Incoronato
Councilwoman Visconti
Nay
Aye
Aye
Aye
Nay
Motion Carried
Next is correspondence from Jean Gunsch CE of NYSDOT to Joseph
Grogan, Department of Public Works regarding the Towns' request
for a lower maximum speed limit on CR 93 between CR 94 and Route
376 in the Town of Wappinger, Dutchess County.
COUNCILWOMAN VISCONTI moved to accept the correspondence and
place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Several Reports were received from Joseph Paggi, Engineer to the
Town. The first is in reference to correspondence from Mr. and
Mrs. Stephen Tucci of 17 Bell Air Lane regarding conditions on
that roadway. After reviewing the area, Mr. Paggi informed the
Board that there is a STOP sign on Bell Air Lane at the
intersection with Orange Court. This STOP sign is in a
northerly direction. There is also a STOP sign at Bell Air Lane
at its intersection with Aladdin Court in a northerly direction.
We can see no other location where a STOP sign could be
conveniently placed to safely alert oncoming traffic. His
general recommendation is not to use STOP signs on main roads as
speed control. MRS. SMITH informed the Board that she had
contacted the Tucci's and told them that there is nothing we can
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The next Report is a follow up to the Wildwood Drive stop sign
issue. Mr. Paggi informed the Board that he had received
numerous calls from the Residents. It seems they feel the STOP
signs on some of the side street (ie: Dana Place) do not address
the problem of speeding on Wildwood Drive and/or intersection
conditions at New Hackensack Road or Widmer Road. Mr. Paggi
agrees, that the placement of the STOP signs on the side roads
do not effect or improve the conditions cited above, however, it
is his opinion that they are two separate issues.
Mr. Paggi was asked to analyze the intersection of the feeder
roads as they intersect Wildwood Drive and make recommendations
regarding STOP signs. He has done that, and stands by his
recommendations. It is now the Board's prerogative whether or
not they wish to install the STOP signs or not.
SUPERVISOR SMITH informed the Board that this issue, plus many
more will be addressed at a Workshop to make a determination as
to what should be done.
At this time the Board recognized Vic Fanuele of 12 Wildwood
Drive who felt a Stop sign should be placed on Wendy Road and
Russ Place. Mrs. Smith agreed, and reminded him that this issue
plus the center lane will be addressed at the workshop.
The last report from Mr. Paggi was in reference to Klassen and
the Town of Fishkill Watchhill Water District. Mr. Paggi is in
receipt of correspondence from Robert Gray, P.E., dated December
23, 1994 regarding Two (2) lots located in the Town of Fishkill
that he is proposing to become tenants of the Watchhill Water
District.
COUNCILMAN VALDATI moved to accept the Correspondence and take
it to Workshop.
Seconded by Mr. Ruggiero.
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Motion Unanimously Carried
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Correspondence from Jack Peluse, Vice President of Marshall &
Sterling, Inc., Insurance. with notification of the new premiums
for the Public Officials Liability for the period of January
1995-1996. The premiums is $9,286.00, which is $673 less than
the original quotation.
COUNCILWOMAN VISCONTI moved to accept the correspondence and
place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is correspondence from Attorney to the Town Al Roberts,
regarding Town of Wappinger - N. Wappinger Water District
Wappingers Falls Trailer Park (Stotz) requesting authorization
to execute the easement for a water line in favor of Wappingers
Falls Trailer Park (Stott).
COUNCILWOMAN VISCONTI moved to authorize the Supervisor to sign
the easement for the installation of water lines to Wappingers
Falls Trail Park (Stotz).
Seconded by Mr. Incoronato
Motion Unanimously Carried
There being a vacancy on the Zoning Board of Appeals, due to the
expiration of Michael Hirkala whose five year term expires on
February 1, 1995, the name of Gerald diPierno was offered by
COUNCILWOMAN VISCONTI.
Seconded by Mrs. Smith
Roll Call Vote:
Vote
considering Mr. Hirkala was on the ZBA for many years and was
doing a fine Job. Mrs. Visconti felt that we should have some
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Constance Smith, Supervisor
Aye
Mr.
Ruggiero, Councilman
Abstain
Mr.
Valdati, Councilman
Nay
Mr.
Incoronato, Councilman
Nay
%W
Mrs.
Visconti, Councilwoman
Aye
-
Motion Defeated
Mr.
Incoronato questioned Mrs.
Visconti on her choice,
considering Mr. Hirkala was on the ZBA for many years and was
doing a fine Job. Mrs. Visconti felt that we should have some
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new Blood on the ZBA.
COUNCILMAN INCORONATO moved to reappoint Mr. Hirkala to the
Zoning Board of Appeals.
Seconded by Mr. Valdati
Roll Call Vote:
Constance Smith, Supervisor
Mr. Ruggiero, Councilman
Mr. Valdati, Councilman
Mr. Incoronato, Councilman
Mrs. Visconti, Councilwoman
Vote
Nay
Abstain
Aye
Aye
Nay
Motion Defeated
COUNCILWOMAN VISCONTI moved to table the appointment to the ZBA.
Seconded by Mr. Incoronato
Motion Unanimously Carried
COUNCILWOMAN VISCONTI moved to place an ad in the newspaper for
candidates for the ZBA.
Seconded by Mr. Valdati
Motion Unanimously Carried
A request for the return of escrow funds in the amount of
$3,871.32 was received from Friendly Motorcars 134 Old Post Road
for amended site plan for addition of repair facility.
COUNCILWOMAN VISCONTI moved to approve the request for the
refund of escrow funds, as stated, to Friendly Motorcars, based
on the recommendation of the Zoning Administrator.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next is correspondence from Evergreen Estates with some concerns
that are shared with the current Evergreen Estates proposal.
COUNCILWOMAN VISCONTI moved to place on workshop agenda.
Seconded by Mr. Incoronato
Motion Unanimously Carried
COMMITTEE REPORTS
COUNCILMAN RUGGIERO reported on the Tri -Municipal and felt that
it is crucial that the Town Board have membership on the
Tri -Municipal Commission. After the last meeting he was not
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very pleased in how the vote went. It is time for action and
suggests that the Attorney to the Town start putting some ideas
together to develop a contract for membership now. Supervisor
Smith agreed, stating that she had been working on this return
to membership for quite a while and announced that it would be
discussed at a Workshop.
COUNCILMAN VALDATI, on Highway, how far along have we moved
with the easements in connection with the water line.
SUPERVISOR SMITH informed Mr. Valdati that we have it.
COUNCILMAN INCORONATO announced that he and Mr. Ruggiero had a
Proposed Plan for Progress that he wished to introduce to the
Town Board at this time. Mrs. Smith informed Mr. Incoronato
that his Proposed Plan for Progress should be read under New
Business.
COUNCILWOMAN VISCONTI had no reports at this time.
SUPERVISOR SMITH reminded Mr. Incoronato that Dial -a -Ride had a
meeting on January 12 and he did not make it. If, in the
future he can not attend the meetings, please let her know and
she will attend in his place. Mr. Incoronato informed Mrs.
Smith that he called Dial -a -Ride and asked if the Meeting could
be rescheduled for later in the day. It is very difficult to
attend meetings at 10:00 A.M. He has several complaints from
others about the morning meetings. Mrs. Smith advised Mr.
Incoronato to write a letter to Dial -a -Ride explaining that
several Municipalities were also having trouble attending the
morning meetings and were asking for a change.
BONDS AND LETTERS OF CREDIT
Mr. Levenson's monthly report on schedule of Bonds and Letters
of Credit was received.
COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's report of
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the Schedule of Bonds and Letters of Credit and place them on
file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mr. Levenson also submitted a reduced Letter of Credit from
Curtis L. Rymer of Rymer Subdivision that had been reduced from
the original amount of $49,452.00 to $18,396.00.
COUNCILWOMAN VISCONTI moved to accept the reduced Letter of
Credit from Curtis L. Rymer of Rymer Subdivision based on the
recommendation of the Professionals.
Seconded by Mr. Valdati
Motion Unanimously Carried
Also submitted by Mr. Levenson a Letter of Credit for Wyndham
Crossing in the amount of $132,628.00 which is due to expire
12/28/95.
COUNCILWOMAN VISCONTI moved to accept the Letter of Credit in
the amount of $132,628.00, for Wyndham Crossing, as amended
based on the recommendation of Attorney to the Town Al Roberts.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The last Letter of Credit submitted by Mr. Levenson is an
amended Letter of Credit in the amount of $177,260.00 for Red
Hawk Hollow Subdivision.
COUNCILWOMAN VISCONTI moved to accept the amended letter of
Credit in the amount of $177,260.00 for Red Hawk Hollow
Subdivision.
Seconded by Mr. Incoronato
Motion Unanimously Carried
RESOLUTIONS
A Public Hearing having been held on January 23, 1995 on a
proposed Local Law for STOP Signs for Crabapple Lane at its
intersection with Applesauce Lane, the matter of its adoption
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was now placed before the Board for their consideration.
COUNCILWOMAN VISCONTI moved, based on the input and opposition
from the residents to deny the adoption of Local Law for Stop
signs for Crabapple Lane at its intersection with Applesauce
Lane.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A Public Hearing having been held on January 23, 1995 on a
proposed Local Law for STOP Signs for Rock Road at its
intersection with Pye Lane, the matter of its adoption
was now placed before the Board for their consideration.
COUNCILWOMAN VISCONTI moved to adopt Local Law _# of 1995 as
follows:
LOCAL LAW # 1 OF THE YEAR 1995
A LOCAL LAW AMENDING LOCAL LAW #6
OF THE YEAR 1991 AS AMENDED BY LOCAL LAW #11
OF THE YEAR 1991, LOCAL LAW #7 OF THE YEAR 1993
REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF WAPPINGER
Section 1. ADDITIONAL FULL STOP STREETS
Section 3 of the Local Law #6 of the Year 1991, a "Local Law
Regulating Traffic and Parking Within the Town of Wappinger" as
amended by Local Law #11 of 1991, Local Law #7 of 1992, Local
Law #4 & #7 of 1993 is further amended by the adoption of the
following additions, revisions and amendments to said section by
adding the following as designated full stop street and
intersection:
Rock Road at its intersection with Pye Lane.
Section 2. RATIFICATION
Except as specifically modified and amended by the adoption
of the additions, revisions, modification and amendments set
forth above, Local Law #6 of the Year 1991, "A Local Law
Resulting Traffic and Parking Within the Town of Wappinger", as
amended, is hereby ratified, confirmed and readopted.
Section 3. SEVERABILITY
In the event any portion of this Local Law is declared to be
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unenforceable by a Court of competent jurisdiction, all of the
remaining portions shall continue in full force and effect.
Section 4. EFFECTIVE DATE
This Local Law shall take effect immediately upon adoption
and filing with the Secretary of State as provided by the
Municipal Home Rule Law.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Next is to accept the Easement for Dorothy Klein and authorize
the Supervisor to sign agreement.
COUNCILWOMAN VISCONTI moved to accept the Easement for Dorothy
Klein and authorized the Supervisor to sign the agreement.
Seconded by Mr. Valdati
Motion Unanimously Carried
The Dedication of Roads and related improvements in the Red Hawk
Hollow and Lookout Point Subdivisions was now placed before the
Board for their. consideration.
COUNCILWOMAN VISCONTI moved to accept the roads in Red Hawk
Hollow and Lookout Point Subdivisions, based on receipt of a
recommendation to accept by the Highway Superintendent and
correspondence indicating documents had been reviewed by
Engineer to the Town and Attorney to the Town.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The Following Resolution was offered by COUNCILWOMAN VISCONTI,
who moved its adoption.
A RESOLUTION CALLING A PUBLIC HEARING ON THE ISSUANCE OF
ADDITIONAL SERIAL BONDS BY THE TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE CONSTRUCTION OF
AN EMERGENCY SERVICES BUILDING ON A PARCEL OF TOWN -OWNED LAND ON
MIDDLEBUSH ROAD, IN WAPPINGERS FALLS, NEW YORK, INCLUDING
ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY, APPARATUS,
APPURTENANCES AND INCIDENTAL IMPROVEMENTS AND EXPENSES IN
CONNECTION THEREWITH.
WHEREAS, by bond resolution dated and duly adopted July 26,
1993 the Town Board of the Town of Wappinger, Dutchess County,
New York (the "Town"), authorized for the issuance of $1,500,000
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serial bonds (the "Bonds") of said Town to pay the cost of the
construction of an Emergency Services Building on a parcel of
Town -owned land on Middlebush Road, in Wappingers Falls, New
York, including original furnishings, equipment, machinery,
apparatus, appurtenances and incidental improvements and
expenses in connection therewith (the "Project"); and
WHEREAS, it has now been determined that the Project will
cost $1,890,000.00, and increase of $390,000.00 over the
$1,5000,000 originally authorized; and
WHEREAS, bonds and any bond anticipation notes issued in
anticipation thereof would constitute "private activity' bonds
1#Ar within the meaning of Section 141 of the Internal Revenue Code
of 1986 (the "Code") due to the proposed use of said building by
the Sloper-Willen Community Ambulance Service, in addition to
use by the New York State Police; and
WHEREAS, Section 147(f) of the Code requires that bonds or
notes which "private activity" bonds within the meaning of
Section 141 of the Code be approved by the governmental unit
issuing such public bonds or notes after a public hearing
following reasonable public notice, in order for interest on the
bonds or notes to be excludable from gross income for federal
income tax purposes; and
WHEREAS, the Town Board now desires to call a public hearing
on the proposed issuance of $3,900,000.00 additional serial
bonds and any bond anticipation notes issued in anticipation of
said serial bonds;
NOW THEREFORE, BE IT RESOLVED, 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 20
Middlebush Road in Wappingers Falls, New York, in said Town on
February 6, 1995, at 6:45 o'clock P.M., Prevailing Time, on the
question of whether an additional $3,900,000 serial bonds, and
any bond anticipation notes issued in anticipation thereof,
should be issued by the Town of Wappinger, Dutchess County, New
York, to finance additional costs of the construction of an
Emergency Services Building on a parcel of Town -owned land on
Middlebush Road, in Wappingers Falls, New York, including
original furnishings, equipment, machinery, apparatus,
appurtenances and incidental improvements and expenses in
connection therewith, 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 Southern Dutchess News the news
paper hereby designated as the official newspaper for this
purpose and one having general circulation in, and available to
residents of, the Town, such publication to be made not less
that 14 days before the date designated for the hearing. The
Town Clerk is hereby further authorized and directed to cause a
copy of such Notice of Public Hearing to be posted in such
places as he deems appropriate under the circumstances, such
posting to be done not less than 14 days before th date
designated for the hearing.
Seconded by Mr. Ruggiero
Page 15
Motion Unanimously Carried
950123.RGM
At this time Donald L. Swartz, of Archetypes read the following
letter to the Board regarding the Project Cost Analysis for the
Town of Wappinger Emergency Services Building which will be
presented at the Public Hearing:
Dear Supervisor Smith,
As you have requested, we have presented on the following pages
tabulation of current construction (or "hard") costs, as well as
past and projected professional (or "soft") costs. The
construction cost analysis will compare the 1.5 million dollar
construction bond with actual construction costs incurred to
date. Conversely, the professional cost analysis will tabulate
all professional, legal and testing fees (including additional
services and reimbursable expenses) incurred from project
inception to and through project completion.
You will note that our construction contingency balance is
nearing depletion. This is due in great part to the extent of
rock encountered during site and underslab excavations. With
the actual quantity of rock discovered in this area, the four
soil borings taken were unable to detect the final configuration
of subterranean conditions. A decision was made to avoid
increasing the extent of subterranean exploration as these costs
may well have exceeded value of actual removal. The resultant
charges associated with removal of this additional material
depleted $20,115.00 (or approximately 47%) of our budgeted
construction contingency (See Attached "B"). As presented in
our Bid analysis dated August 30, 1994, the budgeted
construction contingency following acceptance of bids was
$42,898.00 (or 2.9% of the bid construction cost - See
Attachment "A"). In August we recommended a contingency in the
7-10% range, yet reconciled ourselves to work with what was at
that time available. We now must increase our construction
contingency.
In targeting an amount which would suffice as a contingency at
Page 16
950123.RGM
this point in time, we should consider both our stage in the
construction process as well as shop drawing review.
Construction is approaching 50% completion, we have experienced
a mild winter to date and we are on, or slightly ahead of
schedule. Shop drawing review is approximately 85-90% complete
and all major components have been reviewed, integrated and
approved. Barring any unforeseen circumstances, change orders
should be limited from this point forward. However, in as much
as the process to acquire additional monies is lengthy, I
recommend a total contingency value of +/- 9% (or $135,898.00)
be appropriated.
That represents an increase of $93,000.00 beyond our current
construction contingency. While these monies may remain
substantially unused, I urge they be appropriated at this time
to avoid potential delays in our construction schedule.
Presented earlier in this letter, our tabulation of professional
fees includes not only costs to date, but those anticipated to
construction completion. Outlined in Attachment "C", they total
$297,000.00.
With the recommendation of all project team members and in
conjunction with your office, we submit the following amendment
to the construction bond:
$ 93,000.00 ................ Supplemental Construction Contingency
297,000.00 ................ Professional, Legal and Testing Fees
$390,000.00 ................ TOTAL AMENDMENT
As our office understands the mechanism of your agreement with
the tenants, all carrying and capital costs beyond a specified
ceiling will be included in the rental term commencing with the
twenty-first year.
SUPERVISOR SMITH informed the Board that after the meeting Mr.
Swartz would conduct a tour of the Emergency Services Building.
Page 17
950123.RGM
Next is to Authorize the Attorney to prepare Local Law for
amendment to Senior Citizen Tax Exemptions .
COUNCILMAN VISCONTI moved to authorize the Attorney to the Town
to prepare the Local Law for amendment to Senior Citizens Tax
Exemptions.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
With regard to the Senior Citizen Tax exemptions, Mrs. Smith
informed the Board that as it now exists, the 10% reduction
stands at a maximum of $21,300 and will go to $25,000 and on a
graduated scale will gradually go up to 50% reduction for
incomes which are now $16,500 or less, but will go up to a total
of $17,500 or less.
The Following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption:
WHEREAS, a request has been submitted for TIPS funding, for
a full -width walkway/bikeway to be constructed on the Route 9
bridge over the Wappinger Lake, and
WHEREAS, presently there is a narrow traffic lane for
pedestrians, which is insufficient for safe passage by
pedestrians, and
WHEREAS, a walkway/bikeway existed there prior to the NYSDOT
reconstructing Route 9 to a 6 lane highway, and
WHEREAS, the reconstruction of the walkway/bikeway would
simply replace and widen what previously existed, and
WHEREAS, reconstruction of the walkway/bikeway would improve
the safety of pedestrians crossing the bridge and would
eliminate any unsafe situation which now exists, due to the
number of people who fish in the lake or walk along the lake
and,
WHEREAS, the construction of the walkway/bikeway should be
considered as a priority TIPS project,
NOW THEREFORE, BE IT RESOLVED, the Town of Wappinger goes on
Page 18
950123.RGM
record as endorsing the financing of the reconstruction of a
walkway/bikeway on Route 9 over Wappinger Lake and further
requests that the project be considered a priority TIPS project.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
UNFINISHED BUSINESS
Next is for the Reappointment of Laurence Murphy as Chairman of
the Conservation Advisory Council.
COUNCILMAN INCORONATO moved to reappoint Laurence Murphy as
Chairman of the Conservation Advisory Council.
Seconded by Mr. Valdati
Motion Unanimously Carried
The last item for the Board is to consider Association of Town
Resolution for direction to delegate.
COUNCILWOMAN VISCONTI moved to authorize Delegate, Joe Ruggiero
to cast his vote in the affirmative to all the resolutions
requested by the Association of Towns.
Seconded by Mr. Valdati
Motion Unanimously Carried
NEW BUSINESS
At this time COUNCILMAN INCORONATO read a brief Plan for
Progress for 1995 that he and Mr. Ruggiero had put together and
outlined this plan they felt the Board should aim toward
accomplishing. They would like to implement: A majority plus
one vote for fiscal matters; Tax incentive plans and economic
development; limits on terms of office; Tri -Muni representative
and deter vandalism, among a few others and offered their
formula for economic development tax exemptions.
COUNCILMAN INCORONATO moved to adopt the following Town of
i
Wappinger NO SMOKING POLICY:
In the interest of providing a safe and healthy environment for
employees, and visitors, and in accordance with article 13-E of
Page 19
950123.RGM
the Public Health Law, the following smoking rules have been
adopted:
SMOKING is prohibited in any enclosed work area including Town
cars occupied by more that one person, unless all persons
assigned to such areas agree that smoking may be permitted.
SMOKING is also prohibited in auditoriums, conference and
meeting rooms, hallways, restrooms, and rooms or areas
containing equipment used by employees in common. The right of
a no -smoker to smoke-free air will prevail over an employee's
desire to smoke. Employees found smoking inside the building
will be considered in violation of rules and subject to
disciplinary action.
Seconded by Mr. Valdati
Motion Unanimously Carried
Graham Foster, Highway Superintendent announced that he was
notified by the Dutchess County DPW that the Montfort Road
Bridge was going to be closed from May to September for badly
needed renovation.
There was no other business to come before the Town Board.
COUNCILWOMAN VISCONTI moved to adjourn the Town Board Meeting,
Seconded by Mr. Incoronato and Unanimously Carried.
The Town Board Meeting adjourned at P.M.
Elaine H. Snowden
Town Clerk
Page 20
n
I
950123.PH
A Public Hearing was held by the Town Board of the Town of
Wappinger, on January 23, 1995 at the Town Hall 20 Middlebush
Road, on the proposed Local Law amending Local Law #6,of 1991 as
amended a Local Law regulating Traffic & Parking within the Town
of Wappinger by designating additional STOP streets and
intersections at Rock Road at its intersection with Pye Lane.
Supervisor Smith opened the Meeting at 7:20 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
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 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
Meeting).
Supervisor Smith asked if there were any comments or questions
from the audience. There were none.
COUNCILWOMAN VISCONTI moved to close the Public Hearing,
seconded by Mr. Valdati, and unanimously carried.
The Public Hearing closed at 7:21 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 LOCAL LAW AMENDING
j LOCAL LAW #6 OF 1991 AS AMENDED
A LOCAL LAW REGULATING TRAFFIC & PARKING
WITHIN 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 January 10, 1995, your deponent posted a copy of
the attached notice of Public Hearing on the proposed local law
#_ of 1995 amending local law #6 of 1991 as amended a Local
Law regulating traffic and
parking within the Town of Wappinger
I
by designating additional STOP Streets and intersections at,
Rock Road at its intersection with Pye Lane, 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.
(7 -
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this J1
day of 1995
ellrl d ck
NOTARY PUBLIC
JANDA M. LIUCCI
riotary Public. State of NeVIYOT1
No. 4581720
()UsUitedInDutchessCounty �
Commission Wirus 10/31/1
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
AFFIDAVIT OF PUBLICATION
r
r.4
State of New York,
County of Dutchess,
Town of Wappinger.
NOTICE OF PUBLIC HEAgINO
IOWM(1R'WApp1NMpS7
NOTICE IB
cons .ti JOAN M ER ... of the
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MadLawhF;o•dtw.vPwM«.�PrL, Town of Wappinger, Dutchess County, New York,
N.W YorlG.t NA1loltaN pd11Mld lflbh"
"obeing y
r�nrfob.nwdn1own.ew-"%iw►: g dul sworn, says that he is, and at the several
„Sawd of the Town
' ' times hereinafter was, the .... B.caokkaeper•.......
+ria �J of the SOUTHERN DUTCHESS NEWS, a
Odi
Out w newspaper printed and published every Wednesday
I
T in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
' � published in the said newspaper for .PPIP ...weeks
��hw ooplw"a a>, wd � UW N,Im'
1 successively in each week, commencing on the
tTowhClMkon
'M 00a" ' ,18th... day of ..January.... 19..95and on the
n FJXHfR,,*NOTIQE following dates thereafter, namely on
Npah�. 840 +W�b
and ending on the ....18th... day of .Jan.......
Dab:jM10"19i6';i, 19..9.5 both days inclusive.
.............
Subscribed and sworn to before me
this ..18th day ofJanua / 9.
.............1''�� 1.9 .
Notary Public
My commission expires ..,At�E� WisN�1ri#
NOTARY PUOI.IC, -STATF rr NEW YOAK
QUAUFI"'tt) IN L` ': i' SS Cr-'UNTY
Gt OMIMON EXPIRES MARCIII 11, 1ll*
950123.PH
A Public Hearing was held by the Town Board of the Town of
Wappinger, on January 23, 1995 at the Town Hall 20 Middlebush
Road, on the proposed Local Law amending Local Law #6 of 1991 as
amended a Local Law regulating Traffic & Parking within the Town
of Wappinger by designating additional STOP streets and
intersections at Crabapple Lane at its intersection with
Applesauce Lane.
Supervisor Smith opened the Meeting at 7:10 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
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 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
Meeting).
Supervisor Smith asked if there were any comments or questions
from the audience.
The Chair recognized Mary Ann Moran, of 11 Crabapple Court, who
presented a signed petition opposing the STOP sign on Crabapple
Court & Applesauce Lane. The Town Clerk read the petition as
follows:
We the undersigned are opposed to the installation of a "STOP"
sign on the corner of Crabapple Court, where it intersects with
Applesauce Lane. This is not a dangerous intersection, it has
very little traffic, no Through -traffic and there has never been
a problem here in the past twenty-two years. We feel the "STOP"
sign would be of better use elsewhere.
Mrs. Smith felt she had to agree with the residents, it is a cul
Page 1
950123.PH
de sac and feels it to be unnecessary.
Mrs. Visconti commented that if the residents felt this way she
would go along with their wishes.
Mr. Paggi and Mr. Foster had gone out to the area, and Mr. Paggi
and Mr. Foster both agreed, a stop sign would be needed, if they
were asked. If there were an accident at that intersection, the
Town would be liable.
Mr. Incoronato said he would abide by the wishes of the majority
of the homeowners.
Mr. Ruggiero commented that if we deem an area to be a
dangerous intersection, we would be responsible, regardless of
the wishes of the majority of the people and still make the
right decision.
Mrs. Smith remarked that the residents have an idea of the
consensus of the Board and what to expect at the end of the
meeting.
COUNCILWOMAN VISCONTI moved to close the Public Hearing seconded
by Mr. Incoronato, and unanimously Carried.
The Public Hearing closed at 7:15 P.M
Elaine H. Snowden
Town Clerk
Page 2
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
I NOTICE OF PUBLIC HEARING ON THE
PROPOSED LOCAL LAW AMENDING
LOCAL LAW #6 OF 1991 AS AMENDED
A LOCAL LAW REGULATING TRAFFIC & PARKING
WITHIN 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 January 10, 1995, your deponent posted a copy of
the attached notice of Public Hearing on the proposed local law
#_ of 1995 amending local law #6 of 1991 as amended a Local
.r� Law regulating traffic and parking within the Town of Wappinger
by designating additional STOP Streets and intersections at,
Crabapple Lane at its intersection with Applesauce Lane, 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
3 A'L
' day of cllci99y
NOTARY PUBLIC
,LINDA M. LfUCCI
Notary r>ur,nc, State of h6oft*
No 2381720
Qu16fWd in Uutchetts Courfif
Cp11111Hss,p rl Exphes 10/31/1
Ll
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
NOTICE OF PUBIJC HEARING
NOTI
Bova 6f ywn d
conduct C
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AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
............JQ�N. M�.>r.�ER....................... of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the .... Saokkaeper.......
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for .Rn ... weeks
successively in each week, commencing on the
,18th,,, day of .January.... 19..95 and on the
following dates thereafter, namely on
and ending on the .... 1:8th... day of .Jan.......
19.95 both days inclusive.
Subscribed
this ..?;8th... day ofJanu
gyre me
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. ..... 149-
Notary Public
My commission expires .................................
RACHEL NVlSHAA7
MARY PueuC, STATE V HeW rOW
&JAUFiE7 IN C%:.f-f
N 14-42
COMMISSION EXPIRES MARCH 31, t