1994-10-24 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
OCTOBER 24, 1994
7;30 P.M.
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL �,�(,t
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes Reg. Sept. 26, 1994 Special Oct. 11, 1994
4. REPORTS OF OFFICERS; Sup/Compt Town Justices Receiver of Taxes
Bldg. Insp. Zng. Adm. Dog Control Officer
5. PETITIONS & COMMUNICATIONS
-a. Thos. Taylor, Dara Ln. requests Town to pay damage to his car
b. Raymond Reinhardt, Old State Rd., requests a Caution or "Watch
for Children" sign between Big Elm & Wheeler hill roads
c. Linda Smith, ARC, Dutchess Co. Chapter, notification of their
intent of a residence on Dogwood Hill Rd.
d. Chas. & Margaret Hauerwas re: unjustified fees paid in correcting
error in original survey of property
e. Bill Hammond re: Water problem, corner of Liberty & Spring Sts.
f. T.Logan, Assessor re: proper name of River Road (North)
g. Application for Hawking & Peddling license by Thos. Terralavoro
h. Marie & Dean Verrigni, re: Tax Penalty
i. Richard Cantor re: Furlani
j. Notification of Intent to renew Liquor Licenses from: Richard
Silinsky, and, G. & C Geary, for "The Hamlet"
k. Resignation received from Bill Bitterlich as member of ZBA
1. Wm & Ruth Meibauer request permission to hook into Town Sewer
at 17 Ervin Drive
M. Corr. from Mary Lou Kuschatka, Loop Bus System on route changes
n. Jay Paggi, P.E. Eng, to Town, Reports: Subdivision Regulations;
(2) Subdivision Inspection Fees (3) Authorize to get cost figures
for Spook Hill Road re -alignment
o. R. Holt, Rec Ch. request for purchase of Clay
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
H. Levenson report
8. RESOLUTIONS
a. Vacancy on Planning Board
b. Expired Term of R. Belding on Board of Assessment Review
C. Resolution for cut-off date and relevy of unpaid Sewer/Water Bills
d. Set Public Hearing for Water/Sewer District/Improvement area
Benefit Assessment Rolls
e. Set date for Public Hearing on Preliminary Budget for 1995
f. Authorize Street Light for Pye Lane/All Angels intersection
g. Approve agreement for Pop Warner Football & authorize Sup. to sign
h. Resolution for request for linear speed limit of 30mph on
Myers Corners Rd., between All Angels Rd., and Route 376
1. Introduce and set Public Hearing for Amendment to STOP sign LL
j. adopt update on Town Vehicle Policy
k. Comptroller request for Budget Transfers
9. UNFINISHED BUSINESS
10. NEW BUSINESS 1 11
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11. ADJOURNMENT
941024.RGM
A Regular Town Board Meeting was held on October 24, 1994 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 O. Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Albert Roberts, Attorney to the Town
Graham Foster, Highway Superintendent
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 September 26, 1994,
the Special Meeting of October 11, 1994 and Special Meeting of
October 13, 1994, having previously been forwarded to the Town
Board, were placed before them for their consideration.
COUNCILMAN INCORONATO stated that their was an error in the
Minutes on page 34 that needed correcting. Instead of
Beatification, the word should have read Beautification
COUNCILMAN INCORONATO moved that the above stated minutes as
submitted by the Town Clerk, be and they are hereby approved as
corrected.
Seconded by Mrs. Visconti
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 and Zoning Administrator and Dog Control
Officer.
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COUNCILMAN VALDATI moved to accept the above stated reports
and place them on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
PETITIONS AND COMMUNICATIONS
The first itemresented to the Board was correspondence
P P
from Thomas Taylor, Dara Lane requesting the Town reconsider
paying damages to his automobile that were incurred, when his
auto went over an uncovered manhole at the intersection of
Pippin Lane and Russet Lane. Crum & Foster, Insurance Carrier
for the Town declined to honor the claim. Mrs. Smith informed
Mr. Taylor that since the Insurance Company makes the final
decision on this case, there is nothing further the Board can
do.
COUNCILWOMAN VISCONTI moved to accept the correspondence and
place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Correspondence was received from Raymond Reinhardt, 32 Old
State Road requesting a Caution or "Watch Out for Children" sign
be erected between Big Elm Street and Wheeler Hill Road. Mr.
Reinhardt stated that the speed limit is 30 mph, but many cars
disregard the speed limit. As a parent of young children, he
feels that a sign may save a child's life. Mr. Foster looked
into the area and informed the Board that a sign could be
erected, it would subject drivers to slow down, but responsible
drivers will obey the speed limits.
COUNCILWOMAN VISCONTI moved to accept the Correspondence and
put it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Linda Smith Executive Director of Association for Retarded
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Citizens notified the Town Board of their interest to develop
an Individualized Residential Alternative for four individuals
with physical and development disabilities. A site has been
located at 11 Dogwood Hill Road. The House will be owned
and operated by the Dutchess County Chapter of NYSARC, Inc. and
.. supervision by trained staff will be provided to the four female
residents, twenty four hours a day, seven days a week. The
home selected is a raised ranch, made wheelchair accessible by
the owner, who also installed an elevator and ramped entry.
The house is fully accessible. SUPERVISOR SMITH noted that all
the information received from Mrs. Smith seemed to be in order
and the local residents had been informed.
COUNCILWOMAN VISCONTI moved to accept the correspondence and
place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
The following correspondence was received from Mr. & Mrs.
Charles Hauerwas protesting unjustified fees to correct and
error in an original survey of their property.
Dear Ms. Smith,
We recently sold our home in Wappingers. Because of an error in
the original survey we had to deed property to our next door
neighbor. Since they had not paid their taxes in two years, we
paid their taxes so the transfer of property could occur and the
sale of our home could occur. We had paid taxes on this minute
piece of property for seventeen years, believing it was ours.
In addition to paying the taxes, we had the property
resurveyed, paid all the filing fees and sent the Town of
Wappinger a thousand dollar fee. Five hundred for an
environmental impact statement and five hundred allocated as
escrow for lot line adjustment. Since our surveyor and attorney
did all the work, we were stunned when we received an additional
bill for one hundred twenty seven dollars and ninety three
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cents. We find this to be an unbelievable injustice.
We are enclosing documents in which we think show that we
paid and paid.
If you wish any more details, please contact our attorney M.
Kranis, 191 Main Street P.O. Box 910, Poughkeepsie, NY 12602.
We would appreciate your reply, we really do not think we
should be billed for this.
Sincerely,
Margaret & Charles Hauerwas
COUNCILWOMAN VISCONTI moved to table until Attorney to Town
Al Roberts forwards letter with his recommendations.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Correspondence was received from Mr. Bill Hammond of 12 Spring
Street, Chelsea complaining of a reoccurring water problem that
he feels the Town should correct. He gets water in his
basement, that he feels come off the Town Road. Mr. Foster,
Superintendent of Highways, informed the Board that he inspected
the area in question. On the Bast side of Mr. Hammond's
property, there is a Catch Basin on the South Bast Corner and
any water coming from Town Roads is directed to the Catch Basin.
Any water going into Mr. Hammond's cellar would have to go under
a curb, under a sidewalk, under his garden, under his driveway
and then into his cellar. Any water coming from the South side,
where there is also a Drain, would have to go through a
curb, under a sidewalk and under a portion of his lawn. It is
his opinion that the water is not coming off the Town road.
COUNCILWOMAN VISCONTI moved to authorize Mr. Foster to
respond to Mr. Hammond and inform him of his findings, that
the water is not coming off the Town road.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The next item is a Memo from Tom Logan, Assessor, regarding the
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confusion concerning the proper name for Chelsea River Road.
a/k/a North River Road and a/k/a River Road North. Deed, tax
maps and other records in the Assessor's office list the name in
several different ways. Please advise the correct name for this
road. After some discussion it was decided to stay with the
name, River Road North. Mrs. Smith informed the Board that she
would contact Postmaster, Napoleon Williams and notify him of
the Boards decision, so he can contact the residents advising
them of the correct name.
COUNCILWOMAN VISCONTI moved to accept the name, River Road
North, as the correct name of the road in question.
Seconded by Mr. Incoronato
Motion Unanimously Carried
An application for Hawking and Peddling license to sell coffee
was received from Thomas F. Terralavoro.
COUNCILMAN VALDATI moved to approve the Hawking and Peddling
license for Mr. Terralavoro to sell coffee.
Seconded by Mrs. Visconti
Motion Unanimously Carried
After the vote, Mr. Incoronato noted that when looking on Page 2
of the application, perhaps the Board would like to discuss
the application with Mr. Terralavoro further. Mr. Terralavoro
was in the audience to answer any questions from the Board, but
Mr. Incoronato felt it should be discussed in private.
At this time, 7:49 P.M. COUNCILMAN INCORONATO moved to go to
recess to go over the application once again.
Seconded by Mrs. Visconti
The Meeting reconvened at 7:51 P.M. with all Board members
present. There was no further action to be taken.
Correspondence was received from Maria and Dean Verrigni,
protesting a tax penalty of $58.00 which they feel is unfair.
They called the office on 8/1/94 because they inadvertently
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opened a letter from the Tax office addressed to the previous
owners (Testa's). They immediately called the tax office
notifying them and they were advised to discard the letter and
that no payment was due. On 8/5/94 the Tax office notified them
that their taxes were due. On 8/6/94 they received their first
written notification of taxes due with the 4% late fee penalty
and $2.00 state mandated reminder notice. Because they did not
receive prompt notification from the Receiver of Taxes regarding
when taxes were due nor any reminder notices the do not wish to
assume the penalty or the reminder notice fees. They feel that
they were notified of taxes due on 8/6/94 and paid them promptly
in accordance with the due date establish of 8/31/94.
After some discussion, it was the Boards decision that it is the
owners responsibility to be informed via newspapers and radio
when taxes were due. Laws dictate the penalty imposed, the Town
does not have the authorization to wave the penalty.
COUNCILMAN VALDATI moved to deny the request of Maria & Dean
Verrigni to wave the $58.00 tax penalty.
Seconded by Mr. Incoronato
Motion Unanimously Carried
COUNCILWOMAN VISCONTI moved to authorize the Supervisor to send
a letter to Mr. & Mrs. Verrigni informing them of their
responsibilities.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The next item for the Boards consideration was correspondence
from Richard I. Cantor, Attorney, with a request that the Town
apply Mr. Furlani's application fee, a sum in the range of
$1,900.00 previously made in connection with the Airport Drive
property, to the application fees that would be incurred for
improvement and modification of the existing property at
Middlebush Road and Old Route 9. With regard to the escrow fee,
Mr. Cantor informed the Board that Mr. Levenson indicated that
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there would be no problem in applying the escrow fee to the
contemplated new applications. There was a $7,000.00 escrow fee
paid in connection with the Airport Drive application.
COUNCILWOMAN VISCONTI moved to apply whatever balance remains
in the escrow account of Mr. Furlani's to the new application
fees that would be incurred to the property located at
Middlebush Road and Old Route 9.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Notice of intent to apply for a liquor license was received
from Richard P. Silinsky, new owner of Wappinger Plaza Liquor,
Inc. d/b/a the Liquor Exchange on Route 9 in the Wappinger
Plaza, and notice of intent to Renew a liquor license was
received from Gail P. & Charles B. Geary, owners of The Hamlet,
located in Hughsonville on Route 9 D.
COUNCILMAN VALDATI moved to accept the notice of intent to apply
for a new liquor license from Richard P. Silinsky new owner of
Wappinger Plaza Liquor, and notice of intent to renew the liquor
license of Gail P. & Charles B. Geary, owners of The Hamlet and
place them on file without comment.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Next is the resignation of William E. Bittterlich from the
Zoning Board of Appeals. Business demands are such, that he can
no longer devote the time necessary to be a productive member of
the Board.
COUNCILMAN VALDATI moved to accept the resignation of William E.
Bitterlich and ask the Town Clerk to send a letter of thanks for
his services.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Mrs. Smith indicated that she had scheduled interviews to fill
the vacancy and also notified the newspaper of the opening.
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Next is a request from William & Ruth Meibauer of 17 Ervin
Drive, for authorization to hook into the Oakwood Knolls Sewer
District because their septic system is no longer functioning.
Mr. & Mrs. Meibauer also enclosed a copy of a letter from the
Dutchess County Health Department supporting their request to
hook into Oakwood Knolls Sewer because the system is undergoing
a failure which needs to be corrected immediately.
COUNCILMAN RUGGIERO moved to authorize Mr. & Mrs. Meibauer, of
17 Ervin Drive, to hook into the Oakwood Knolls Sewer District.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Correspondence was received from Mary Lou Kuschatka, General
Manager of Dutchess County LOOP System expressing sincere
appreciation to Mrs. Smith for her letter regarding the proposed
changes in LOOP service. Proposed Route changes were to go into
effect on October 1st. However, it was decided to delay
implementation until January 1, 1995 to allow sufficient
opportunity to review comments and suggestions from the
public. Further information regarding route changes and
schedules will be available in December. Mrs. Smith informed
the Board that she had sent a letter to Mrs. Kuschatka regarding
the proposed elimination of LOOP Bus service and copies to all
the residents who protested the elimination of LOOP Bus
Services.
COUNCILMAN INCORONATO moved to authorize the Supervisor to send
a letter to Mrs. Kuschatka and invite her, at her convenience,
to the next informational hearing on this matter at the Town
Hall.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Several Reports were Submitted by Mr. Paggi, Engineer to the
Town. (1) Subdivision Regulations: It is his opinion that the
existing Town Subdivision Regulations should be amended to add
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in a stipulation that the developer will be required to
coordinate the construction of a light where the new subdivision
road intercepts a major Town Road, County road and/or State
road. Obviously, the ongoing maintenance of this light will be
borne by the Town Residents, but the installation could be done
by the Developer. Would you kindly ask the Town Planner to draft
the necessary language to be included in the Town Subdivision
Regulations, and take whatever action is necessary by the Board.
(2) Subdivision Inspection Fees: Currently, when the Town
entertains a subdivision proposal there is an inspection fee
paid by the Developer which is a percentage of the road
performance bond. We normally calculate this percentage at 3%
I would recommend that instead of a fee being paid, an escrow
account be maintained by the Developer and kept in place until
the road is accepted by the Town and the one (1) year
maintenance period is up. This escrow account could be
estimated by us at the time the map is filed, and will be
estimated at 3% of the performance bond. In addition, the
account will be maintained by the Comptroller's office of the
Town of Wappinger. During the course of construction, if the
time necessary for inspection runs over, additional monies will
be asked of the Developer, and conversely, if at the end of the
Job there is money left over, refunds will be given to the
Developer. I would think a new section should be drafted by the
Town Planner and included in the Town Subdivision Regulations if
the Board wishes to adopt this method.
COUNCILWOMAN VISCONTI moved, upon the recommendation of Jay
Paggi, Engineer to the Town, to authorize the Town Planning
Board to draft the necessary language to be included in the
Town Subdivision Regulations and Subdivisions Inspection Fees.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
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Lastly Mr. Paggi requested authorization to get cost figures for
Spook Hill Road realignment. At this time, Mr. Foster
recommended that perhaps the Board would want to swing the SHIPS
money that was to be used to fund the Diddell & Widmer Road
projects to the Spook Hill Road realignment. Mr. Foster told
the Board that he was notified by the State that these two
projects may be in jeopardy, because the largest portion of
these two projects is for demolition and they feel the SHIPS
funds should be used for building, not demolition.
Mr. Foster felt there was an outside chance of getting those
two projects approved down the road, but rather than risk the
chance of losing out on the SHIPS money swing it over to fund
the Spook Hill Road project.
COUNCILMAN INCORONATO moved to authorize the Engineer to Town,
Jay Paggi, along with Graham Foster draft up an application for
the SHIPS money for the Spook Hill Road Project.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A Purchase Order was submitted by Ralph Holt, Chairman of
Recreation in the amount of $5,005.00 payable to Southern
Industrial Sand, Inc., to purchase 175 Tons of Clay for the
recreation fields. These are unexpended funds, to come from
A-7110.4 Contractual Account. It is Mr. Holt's intent to bring
all the fields up to grade with the new clay in the Fall rather
than to wait until Spring when the fields will be extremely
busy. Also, it is advisable to put clay on the fields and let
them sit over the winter.
COUNCILWOMAN VISCONTI moved to authorize the Purchase Order for
$5,005.00 payable to Southern Industrial Sand, Inc. to purchase
clay.
Seconded by Mr. Valdati
Motion Unanimously Carried
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COMMITTEE REPORTS
SUPERVISOR SMITH reported that she had a phone call from a
Mr. Piccone of Boxwood Close with a complaint. He had not put
refuse out for Bulk pick-up in three years. Recently, he
took a stove to the Highway Department to dispose of it.
They refused to accept it. Mrs. Smith informed Mr. Piccone,
the only way he could dispose of a stove at this time, is to
take it to a private carter and pay a fee. Otherwise hold it
until the next Bulk Pick-up.
COUNCILMAN RUGGIERO reported on the Tri -Muni and announced the
agreement was ratified pending Board approval. The Bids were
opened and were $1.3-$1.5 million over the authorized
expenditure. Mrs. Smith informed the Board there will be a
Special Town Board Meeting on Nov. 1 at 5:30 to discuss options,
and then proceed from there.
COUNCILMAN VALDATI questioned Graham Foster regarding the side
walks near Ben & Jerry's. Mr. Foster had contacted the
Village and was told that all the businesses in that area are
responsible for the maintenance of their sidewalks. That's
their position. Mr. Valdati still thinks it is unsafe. Mrs.
Smith felt that this is not our responsibility.
MR. INCORONATO had no reports at this time.
MRS. VISCONTI had no reports at this time.
BONDS AND LETTER OF CREDIT
Mr. Levenson's monthly report on schedule of Bonds and Letters
of Credit was received. There were some concerns from members
of the Board, that several letters of credit were about to
expire, before the roads were accepted, namely, Nicole Farms,
Wyndham Crossing and Spring Terrace.
�r.. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to call
up letters of credit on Nicole Farms, Wyndham Crossing, and
Spring Terrace Subdivisions, notifying them that they were about
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to expire, based on recommendations of professional staff and
the Highway Superintendent.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
RESOLUTIONS
The following resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption
RESOLVED, that Donald Close be and he is hereby appointed to
fill the vacancy on the Town Planning Board which has occurred
by reason of the resignation of Donald Keller, and
BE IT FURTHER RESOLVED, that the said Donald Close be and
hereby is appointed to fill such vacancy for the remainder of
the term which shall expire on January 4, 1997.
Seconded by Mr. Valdati
Roll Call Vote:
Vote
Supervisor
Smith
Aye
Councilman
Ruggiero
Aye
Councilman
Valdati
Aye
Councilman
Incoronato
Aye
Councilwoman Visconti
Aye
Resolution Duly Adopted
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption.
RESOLVED, that Raymond J. Belding, be and he hereby is
reappointed to fill the vacancy of the Board of Assessment
Review of the Town of Wappinger which has occurred by reason of
expiration of his term of office, and
IT IS FURTHER RESOLVED, that the said Raymond J. Belding is
hereby reappointed to the said Board of Assessment Review for a
term which shall expire on the 30th day of September, 1999.
Seconded by Mr. Valdati
Roll Call Vote:
Vote
Supervisor Smith Aye
Councilman Ruggiero Aye
Councilman Valdati Aye
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Councilman Incoronato Aye
Councilwoman Visconti Aye
Resolution Duly Adopted
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption.
RESOLVED, that all delinquent water and sewer bills in
arrears as of November 18, 1994, in: Ardmore Water Improvement,
Central Wappinger Water, Fleetwood Water, North Wappinger Water,
Oakwood Water, Tall Trees Water, Wappinger Park Homes Water,
Watch Hill Water, Fleetwood Sewer District, Mid Point Park
Sewer, Rockingham Farms Sewer, Wappinger Sewer Improvement #1
Watch Hill Sewer, and Wildwood Sewer be forwarded to the County
of Dutchess to be placed on the Tax Rolls of 1995. A list of
all delinquent charges will be forwarded to the County on
November 23, 1994.
Seconded by Mr. Valdati
Roll Call Vote:
Vote
Supervisor Smith
Aye
Councilman Ruggiero
Aye
Councilman Valdati
Aye
Councilman Incoronato
Aye
Councilwoman Visconti
Aye
Resolution Duly Adopted
The next item for the Boards consideration was to set Public
Hearings for the Water/Sewer District/Improvement area Benefit
Assessment Rolls.
Supervisor Smith informed the Board that she would like to set
the Public Hearings for November 7, 1994 beginning at 6:30 P.M.
set one minute apart.
COUNCILWOMAN VISCONTI moved to set Public Hearings on the
Benefit Assessment Rolls for the Water & Sewer Districts and
Improvement Areas on November 7, 1994, beginning at 6:30 P.M.
and continuing at one minute intervals until completed: Ardmore
Water, Central Wappinger Water, Fleetwood Water, North Wappinger
Water, Oakwood Water, Tall Trees Water, Wappinger Park Homes
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y.
Water, Watch Hill Water, Fleetwood Sewer District, Mid Point
Park Sewer, Rockingham Farms Sewer, Wappinger Sewer Improvement
#1, Watch Hill Sewer, and Wildwood Sewer.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next was to set a date for a Public Hearing on the Preliminary
Budget for 1995.
Supervisor Smith informed the Board that she would like to set
November 7, 1994 at 7:00 P.M. for the Public Hearing on the
Preliminary Budget.
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption.
RESOLVED, that this Town Board does hereby prepare and
approve as the Preliminary Budget of the Town for the Fiscal
year beginning on the 1st day of January, 1995 the itemized
Statement of estimated revenues and expenditures hereto attached
and made part of this resolution, and be it
FURTHER RESOLVED, that such preliminary budget shall be
filled in the office of the Town Clerk where it shall be
available for inspections by any interested persons at all
reasonable hours, and be it
FURTHER RESOLVED, that this Board shall meet at 7:00 o'clock
P.M. on the seventh day of November 1994, for the purpose of
holding a public hearing upon such preliminary budget, and be it
FURTHER RESOLVED, that the Town Clerk give notice of such
public hearing in the manner provided in Section 108 of the Town
Law, and that such notice be published and posted in
substantially the following form:
NOTICE OF HEARING UPON PRELIMINARY BUDGET
NOTICE is hereby given that the preliminary budget of the
Town of Wappinger for the fiscal year beginning January 1st,
1995, has been completed and filed in the office of the Town
Clerk, at 20 Middlebush Road, Wappingers Falls, New York, where
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it is available for inspection by any interested persons at all
reasonable hours.
FURTHER NOTICE is hereby given that the Town Board of the
Town of Wappinger will meet and review said preliminary budget
and hold a public hearing thereon, at the Town Hall at 7:00
o'clock, P.M. on the seventh day of November, 1994, and that at
such hearing any person may be heard in favor of or against the
preliminary budget as complied or for or against any item or
items therein contained.
PURSUANT to Section 108 of the Town Law, the proposed
salaries of the following Town Officers are hereby specified as
follows:
Supervisor...................................$34,070.00
Superintendent of Highways ................... 38,613.00
Town Clerk ................................... 37,008.00
Councilperson................................ 7,098.00
Councilperson................................ 7,098.00
Councilperson................................ 7,098.00
Councilperson................................ 7,098.00
BY ORDER OF THE TOWN BOARD -- ELAINE H. SNOWDEN, TOWN CLERK
r"" Seconded by Mr. Valdati
Roll Call Vote:
Vote
Supervisor
Smith
Aye
Councilman
Ruggiero
Aye
Councilman
Valdati
Aye
Councilman
Incoronato
Aye
Councilwoman Visconti
Aye
Resolution Duly Adopted
The next item presented to the board for their consideration was
to authorize a street light for Pye Lane/All Angels Hill Road.
The installation of this light would require a rental pole,
placed on the Pye Lane side of All Angels Hill Road. The
recommended light for this application would be a 27,000 lumen
High Pressure Sodium. The costs to the Town would be $16.06 per
.. month and a rental charge of $1.50 per month for the pole. It
is estimated that installation would take approximately six
weeks upon receipt of the Street Light Authority order to the
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office of Patrick J. Bristol, Supervisor of New Business
Services.
COUNCILWOMAN VISCONTI moved to authorize the Supervisor to sign
the order for a the installation of the Street Light on Pye
Lane and All Angels Hill Road.
Seconded by Mr. Valdati
Motion Unanimously Carried
The following agreement was received from Daniel L. Brothers,
President of Pop Warner Football.
AGREEMENT made this 12 day of October, 1994 between the Town
of Wappinger (hereinafter "town") a municipal subdivision,
having it offices at Middlebush Road, Wappingers Falls, New York
and the Wappinger District Pop Warner Football Association
Hereinafter referred to as ("Pop Warner"), a not for profit
corporation with its principal offices at 79 Smith Crossing
Road, Wappingers Falls, New York 12590.
WHEREAS the town wishes to contract with Pop Warner for the
providing of services hereafter defined, and
WHEREAS Pop Warner is willing to provide said services in
exchange for consideration hereafter defined,
NOW, THEREFORE, it is agreed between the parties as follows:
1. Pop Warner shall provide for all youths within the Town
of Wappinger, excluding those not within the Wappinger School
District (1), (2), between the ages of 6 and 14, who fit the Pop
Warner age and weigh requirements, the opportunity to
participate in either football or cheerleader activities in one
of the following divisions: FLAG -Wildcat, TACKLE -Jr. PeeWee,
PeeWee, Jr. Midget, and Midget.
Assignment of such teams shall be made by Pop Warner which
shall take into consideration the age and weight of the
applicant and the applicant's skill level (if applicable).
2. Pop Warner shall provide all coaches, instructors, and
officiating personnel necessary to provide both instruction and
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team experience to each youth. Pop Warner shall also undertake
all administrative acts as necessary for the operation of such
divisions.
3. The town shall provide ambulance coverage in support of
the sports program herein set forth during those times described
mm
in the Pop Warner schedule previously established and
distributed for the 1994 season.
4. Pop Warner shall provide all sporting equipment
necessary for the implementation of the sports program, with the
exception of personal items (cleats, socks, mouthpieces, and
undergarments).
5. The Sports program shall be provided to the youth of the
town, excluding those not within the Wappinger School District,
beginning in the month of August through the completion of Bowl
Game participation in December.
6. Pop Warner shall maintain the standard Pop Warner
insurance coverage to provide for medical expenses of
blow participants.
7. The terms of this agreement shall be from the date of
execution of this agreement through the completion of the 1994
Pop Warner season.
8. The town shall pay to Pop Warner the sum of $1,700.00 in
exchange for the programs provided.
9. Pop Warner shall be solely responsible for any
liabilities arising from its acts in the operation of the
programs pursuant to this agreement and shall indemnify and hold
harmless the town for any claims arising from the same.
10. This agreement may not be assigned.
11. Pop Warner will not discriminate because of race,
color, national origin, ancestry or religion; the program shall
be open to all youths who have a permanent residence within the
town, excluding those not within the Wappinger School District,
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941024.RGM
who are between the ages of 6 and 14 and fit the Pop Warner age
and weight requirements.
12. Pop Warner shall be solely responsible for the
obtaining of financial support necessary to fulfill its
obligations for the sports program under this agreement.
13. Each party, by executing this agreement, represents
that the authorization of the governing body has obtained to
permit such.
14. Pop Warner represents that it is authorized by its
governing instruments to enter into this agreement.
COUNCILMAN VALDATI moved to approve the agreement between the
Town of Wappinger and Pop Warner Football and authorized
the Supervisor to sign.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption.
RESOLVED, that the Town of Wappinger, by a resolution
adopted October 24, 1994 and the County Superintendent of
Highways of the County Dutchess, hereby request the Department
of Transportation, pursuant to Section 1622.1 of the Vehicle and
Traffic Law, to establish a lower maximum speed of 30 mph
which vehicles may proceed on MYERS CORNERS ROAD CR93, a County
Road between ALL ANGELS HILL ROAD CR94 and ROUTE 376.
Upon receipt of the notice that the regulation herein
requested has been established, the Town of Wappinger will
provide, install and maintain signs in accordance with the
vehicle and traffic Law and conforming to the Manual of Unifcrm,
Traffic Control Devices of the Department of Transportation.
Seconded by Mr. Ruggiero
Roll Call Vote: Vote
Supervisor Smith
Councilman Ruggiero
Councilman Valdati
Page 18
Aye
Aye
Aye
941024.RGM
Councilman Incoronato Aye
Councilwoman Visconti Aye
Resolution Duly Adopted
The Introduction of the proposed Local regarding STOP SIGNS at
Wendy Drive, Russ Place, Brian Place, Dana Place Robin Lane
amendment to Local Law #6 of 1991, as amended, a Local Law
regulating traffic and parking within the Town of Wappinger, and
to set a Public Hearing, was placed before the Board.
The following Resolution was offered by COUNCILWOMAN VISCONTI,
who moved its adoption:
WHEREAS, the Town Board has recently received a
recommendation from the Superintendent of Highways and the
Engineer to the Town to establish the following full stop
intersections:
Wendy Drive at its intersection with Wildwood Drive;
Russ Place at it intersection with Wildwood Drive;
Brian Place at its intersection with Wildwood Drive;
Dana Place at its intersection with Wildwood Drive; and
Robin Lane at its intersection with Kent Road.
WHEREAS, the Town Board has determined that it is in the
best interest of the public health, welfare and safety of the
people of the Town of Wappinger to designate and formally
establish the aforementioned full stop streets.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption Local Law
#3 of the year 1994 in the form annexed hereto.
2. The Town Board hereby determines that the intended
action, that is, the creation of full stop intersection at Wendy
Drive, at its intersection with Wildwood Drive, the creation of
full stop intersection at Russ Place, at its intersection with
Wildwood Drive, the creation of full stop intersection at Brian
Place, at its intersection with Wildwood Drive, the creation of
full stop intersection at Dana Place, at its intersection with
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941024.RGM
Wildwood Drive, and the creation of full stop intersection at
Robin Lane, at its intersection with Kent Road are Unlisted
Actions pursuant to Article 8 ECL and the related Title 6 - 617
NYCRR, and Local Law #6 of 1992 and action for which there are
no other involved agencies.
3. The Town Board hereby declares itself LEAD AGENCY
PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6, PART
617-NYCRR.
4. The Town Board has cause to be complete Part 1 and Part
2 of the short form EAF for this project in the form annexed
hereto.
5. The Town Board has reviewed the intended action with
respect to the criteria set forth in Part 617.11 NYCRR. and
hereby determines the intended action will not create any
significant adverse impacts on the environment and hereby issues
a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project.
6. The Town Supervisor is hereby authorized to execute Part
3 of the short form EAF and the Town Clerk is further directed
to provide for the filing and distribution of same as provided
by law.
BE IT FURTHER RESOLVED that the Town Board hereby schedules
a Public Hearing on the proposed adoption of Local Law #3 of the
year 1994 to be held at the Town Hall on the 7th day of November
at 7:15 P.M. and the Town Clerk is directed to post and publish
notice of the Public Hearing in the form annexed hereto.
Seconded by Mr. Valdati
Roll Call Vote: Vote
Supervisor Smith
Aye
Councilman Ruggiero
Aye
Councilman Valdati
Aye
Councilman Incoronato
Aye
Councilwoman Visconti
Aye
Resolution Duly Adopted
Next is a revised Town Vehicle Use Policy for Town Vehicles,
signed by Tom Logan, Assessor, Herb Levenson, Zoning
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941024.RGM
Administrator, Mark Lieberman, Fire Inspector and Don Keller,
Building Inspector.
COUNCILMAN INCORONATO moved to adopt the following revised
Town Vehicle Use Policy :
TOWN OF WAPPINGER VEHICLE USE POLICY
1. All Town of Wappinger municipally owned vehicles shall be
operated and remain within the boundaries of the municipality,
unless on official business requiring use of the vehicle outside
the Town. During off -hours and on weekends, Wappinger
employees assigned Town Vehicles may use them only to commute to
and from their homes, but otherwise shall not use them for
private purposes.
Effective January 1, 1995, any Town Employee who lives
outside of Wappinger and is assigned a Town vehicle shall leave
it parked at the Highway Department during non -business hours,
including weekends. Such employee(s) shall park their personal
MW vehicles at the Wappinger Highway Department while using Town
vehicles to perform their duties.
2. All vehicles will be fueled at the Town Highway Garage
whenever possible. If a car is fueled outside of the Town, gas
tickets are to be submitted to the comptroller weekly. These
tickets must show the vehicle license number, the amount of fuel
purchased, the odometer reading and the dollar amount.
3. Routine maintenance repairs will be done at highway garage,
unless directed otherwise by Town Board. If you have trouble
outside of the Town of Wappinger and the cost of repairs is in
excess of $50.00, call the Supervisor or Comptroller for
approval before you have repairs made.
�. 4. The person who has been assigned th car will be responsible
for keeping the vehicle properly maintained. He/she must see to
it that every 3000 miles, or 6 months, which ever comes first,
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941024.RGM
the oil and filter are changed and that all routine maintenance
as stated in vehicle manual is done. If repairs are found to be
necessary due to neglect, the person assigned the car may be
asked to pay for the repairs and/or risk losing the use of the
vehicle.
5. It will be the responsibility of the driver of the vehicle
to keep the vehicle clean, as well as ensuring proper fluid
levels (oil, transmission fluid, brake fluid, anti freeze, power
and steering fluid, etc.)
6. Vehicles are to be used for transportation, not as a truck.
If there is a need to carry equipment, use the trunk, not the
rear seat.
7. Drivers must have a valid driver's license and are
responsible for all traffic violations.
8. Only the Town official assigned to car should drive the car.
9. ALL accidents MUST be reported to the Town Board within 24
hours. ALL vehicle accidents MUST be reported to the proper
legal authorities prior to the vehicle being moved in accordance
with N,Y.S. vehicle laws.
10. Person driving vehicle will be responsible for any damage to
vehicle up to the Town's insurance deductible,during travel to
and from work.
11. Town logo will remain on Town vehicles at all times.
12. All vehicles will be used for official Town business only.
Personal use is prohibited and will include trailering,
trucking, or the carrying of passengers that are not involved in
the Town business.
13. Seat Belts must be work at all times.
14. Driving under the influence of drugs or alcohol are
prohibited and will result in loss of use of the vehicle and
appropriate disciplinary action.
15. It will be the responsibility of the person assigned the
vehicle to report any and all defects as soon as they occur.
Page 22
Seconded by Mrs. Visconti
941024.RGM
Motion Unanimously Carried
Lastly, a request from Ann Buckley, Comptroller, for permission
for the following Budget transfers:
1. To Decrease Election Account 1450.1A $15,000.00
rw
To Increase Elections C.E. Account 1450.4A 15,000.00
to pay election inspectors.
2. To Increase Interest and Earn Account 32401ST 5,000.00
To Increase Administration C.E Account 8110.4ST 5,000.00
to balance Budget.
COUNCILWOMAN VISCONTI moved to authorize the transfer of funds
as requested by Ann Buckley, Comptroller, to balance the Budget.
Seconded by Mr. Valdati
Motion Unanimously Carried
UNFINISHED BUSINESS
Mr. Valdati questioned Mr. Foster, Highway Superintendent, as to
whom the responsibility of the signal light on the intersection
err.
of Old Route 9 and Middlebush falls on. Mr. Foster informed the
Board that it falls under the jurisdiction of the Town of
Wappinger. It was given to the town by the County.
He is aware of the problems with the signal light for the past
four or five years, especially in the cold weather, it has a
tendency to stick. It has been temporarily repaired. Mr.
Valdati suggested the Town ask the County to take the
traffic signal back, because of the cost of keeping it
repaired. Mr. Foster agreed. In the mean time it is a
dangerous situation, because of the amount of traffic, including
school buses using the road.
r
COUNCILMAN RUGGIERO moved to authorize Mr. Foster to have the
1r.
traffic signal at the intersection of Old Route 9 and Middlebush
Road repaired.
Seconded by Mr. Valdati
Page 23
941024.RGM
Motion Unanimously Carried
COUNCILMAN RUGGIERO questioned Mr. Roberts, Attorney to the Town
of the Thalman rezoning, and was told it has been delayed.
The following renewal agreement with Michael Dolan & Associates
Cable Television Consultants was presented to the Board by
SUPERVISOR SMITH:
AGREEMENT, entered into this day of , 1994, between the
Town of Wappinger, a municipal corporation, organized under the
Laws of the State of New York, having its principal place of
business at 20 Middlebush Road, Wappingers Falls, New York
(hereinafter referred to as Town), and Michael J. Dolan &
Associates Cable Television Consultants, whose address is P.O.
Box 122, Sloatsburg, New York 10974 (hereinafter referred to as
MJD & Assoc.).
WHEREAS, the Town is presently in contractual agreement with
US Cablevision, and
WHEREAS, the Town is desirous of insuring that they receive
the full benefits of the agreement as well as avail themselves
of the benefits and protection of the Cable Television Consumer
Protection and Competition Act of 1992.
NOW, THEREFORE, it is hereby agreed to as follows:
1. Town agrees to retain MJD & Assoc., as an Independent
Cable Consultant.
2. Said MJD & Assoc., hereby agrees to perform the
following services:
(a) To assist in insuring that the Town receives the
full benefits of their franchise agreement with US Cablevision.
(b) To perform audits of all franchise fee payments to
insure that proper payment has been made.
(c) To advise the Town of the new regulations of the
Cable Television Consumer Protection and Competition Act of
1992, and, to assist the Town in applying for any provisions the
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941024.RGM
new Act offers.
(d) To represent the Town as Cable Administrator and to
following through to insure that all cable related matters are
addressed and resolved.
(e) To advise the Town of regulatory rule making, new
too
technology, programming, etc.
(f) To attend Town Board workshops and other meetings
at the request of the Town.
3. The Town agrees to the following compensation:
a) Five Thousand ($5,000) Dollars.
b) Compensation to be paid in monthly installments of
Four Hundred Sixteen Dollars and Sixty-six cents ($416.66).
c) MJD & Assoc., shall be solely responsible for all
expenses incurred during the course of this agreement.
4. This agreement will expire one year from the date of
execution of said agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto signed
°i' this agreement the date first above written.
COUNCILWOMAN VISCONTI moved to authorize the Supervisor to sign
the renewal agreement with Michael Dolan & Associates Cable
Television Consultants.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mr. Incoronato asked Mr. Foster if he was able to check out
Apple Blossom Lane, in regard to a request made by a Mr.
Donnelly for a grate due to a water problem. Mr. Foster said
that he and Mr. Paggi checked out the Apple Blossom Lane area,
but could not locate any problems. Mrs. Smith said she would
get the exact address and phone number of Mr. Donnelly, so that
he and Mr. Paggi could be view the exact location where the
the problem exits, and see what can be done.
A request was made by GRAHAM FOSTER, Highway Superintendent for
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941024.RGM
authorization to offer parts for FWDS trucks to any surrounding
towns that may be able to use them. When the last two Town
trucks were purchased, the two existing FWDS trucks were traded
in, and there are many parts for FWDS trucks that are no longer
needed. They are basically good parts.
COUNCILMAN VALDATI, moved to authorize Graham Foster to offer
the parts for FWDS trucks to any of the surrounding Towns.
Seconded by Mr. Ruggiero
Motion Unanimously
Mr. Ruggiero spoke about the reoccurring vandalism problem in
the Spook Hill Road recreation area. Mr. Ruggiero felt that
additional steps should be taken to prevent the vandalism from
happening again. He felt that signs should be erected stating
hours, and signs posted to offer an award for the apprehension
of anyone defacing the recreation areas. There was some
discussion by the Board and they felt that signs should be
erected at all the Recreation areas.
MR. RUGGIERO moved to direct the Recreation to place NO
TRESPASSING signs at all the Recreation areas.
Seconded by Mr. Incoronato
Motion Unanimously Carried
NEW BUSINESS
The last item on the Agenda is a request from Arthur Waddle,
District Secretary of the Hughsonville Fire District for the use
of a Voting Machine for their Annual Fire District Election to
be held on December 13, 1994.
COUNCILWOMAN VISCONTI moved to authorize the use of a voting
for the Hughsonville Fire District for their Annual Fire
District Elections.
Seconded by Mr. Incoronato
Motion Unanimously Carried
ADJOURNMENT
Page 26
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941024.RGM
There being no other business to come before the Board.
COUNCILMAN INCORONATO moved to adjourn the Town Board Meeting.
Seconded by Mrs. Visconti
The Meeting adjourned at 8:58 P.M.
Page 27
Motion Unanimously Carried
Elaine H. Snowden
Town Clerk