1994-05-23 RGM1
AGENDA
TOWN BOARD
TOWN OF WAPPINGR
MAY 23, 1994
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1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES: Reg. April 25, 1994 Spec. May 4 - May 9, 1994
4. REPORTS OF OFFICERS; Sup/Compt. Town Justices Receiver of Taxes
Bldg. Insp. Zoning Adm. Dog Control Officer
5. PETITIONS & COMMUNICATIONS
a. Yvonne Tompkins, Sect'y Chelsea Fire Dist., request Highway help
to resurface ramp and parking area in front of Fire House
b. J. Paggi, Eng, to Town re: Hulsair Subdivision water connection
c. Request from T. Justices to allow Yvonne Lawrence and Judge
Morse to attend Training Session at St. Lawrence 7/24-7/26/94
d. Hawking & Peddling License application from Aldo Sensini to
sell Flowers
e. Jon H. Adams, Attny representing Contrails (All Angels Hill Rd.)
to consider decaring parcel in question an "Open Development Area"
f. Request for return of escrow from Grossman's, Inc. $10,000
g. Notification from NYDOT re: resurfacing Route 9 from Fishkill to
Myers Corners Rd.
h. Requests for approvals of P.O.'s : From Ralph Holt, Rec.Ch.
(1) purchase.of Clay for Ball Fields (2) Paint -Fertilizer &
gravel (3) Replace some fencing at Castle Point (4) Arts &
Crafts for Summer playgrounds (5) Bus Transportation (6) Install-
ation of Playground equipment, and, Transfer of funds to pay
expense from Parkland Trust (7) From E. Snowden for P.O. for
Records Preservation Service
1. R. Lacoste, Peters Rd., request for lower speed limit in area
(under 30 mph)
j. Accept Tri-MunicipalCommission Report
'i. COMMITTEE REPORTS
:�. BONDS & LETTERS OF CREDIT
H. Levenson Report
13. RESOLUTIONS
a. Authorize Supervisor to sign Agreement w/ Leasees for Emergency
Services Building
b. Consider filling vacancy on Recreation Committee
9. UNFINISHED BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT
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940523.RGM
The Regular Meeting of the Town Board of the Town of Wappinger
was held on May 23, 1994 at the Town Hall, 20 Middlebush Road,
Wappingers Falls, NY.
SUPERVISOR SMITH called the meeting to order at 7:30 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine Snowden, Town Clerk
Others Present:
Albert Roberts, Attorney to the Town
Joseph Paggi, Jr., Engineer to the Town
Herbert Levenson, Zoning Administrator
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 April 23, 1994, the
k
Special Meeting of May 4, 1994, and the Special Meeting of May
6r'
9, 1994 having previously been forwarded to the Town Board, were
placed before them for their consideration.
COUNCILMAN INCORONATO stated there was an error in the minutes
on Page 2, line 1, that needed correcting. Instead of Ruggiero,
it should have read Incoronato.
COUNCILWOMAN VISCONTI moved that the above stated Minutes, as
submitted by the Town Clerk be, and they are hereby approved as
corrected, and place them on file.
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
REPORTS OF OFFICERS
Reports for the month of April were received from the Town
Justices, Supervisor/Comptroller, Receiver of Taxes, Building
Inspector, Zoning Administrator and Dog Control Officer.
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COUNCILWOMAN VISCONTI moved to accept the above stated reports
and place them on file.
Seconded by Mr. Incoronato.
Motion Unanimously Carried
i
PETITIONS AND COMMUNICATIONS
A letter was received from Yvonne M. Tompkins, Secretary for
Chelsea Fire District for assistance from the Highway Crew to
help resurface the blacktop ramp & parking area in front of the
firehouse. Materials to be paid for by the Chelsea Fire
District.
COUNCILMAN VALDATI moved to give consent to the Highway
Department to give their assistance to the Chelsea Fire
District, accept the correspondence, and place it on file.
Seconded by Mrs. Visconti.
Motion Unanimously Carried
Correspondence was also received from Mr. Paggi, Engineer to the
Town with his recommendation that the Town Board grant Hulsair
Subdivision approval to connect to the Central Wappinger Water
Improvement. The proposed lot being within the CWWI, and would
not burden the system. With the cost of the Tap born by Mr.
Hulsair.
COUNCILWOMAN VISCONTI, moved upon the recommendation of Mr.
Paggi, Engineer to the Town, that the Town Board grant approval
for Hulsair Subdivision to connect to the Central Wappinger
Water Improvement with the cost of the Tap to be born by
Mr. Hulsair.
Seconded by Mr. Valdati.
Motion Unanimously Carried
A request was received from Town Justices to allow Yvonne
Lawrence to attend a 1994 Continuing Education Program and Judge
Gloria Morse to attend a Mandatory Judicial Training Session to
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be held at St. Lawrence University, Canton, New York on July
24th, 25th and 26th. There will be no mileage charged to the
Town for Ms. Lawrence's attendance as she will accompany Judge
Morse in her vehicle.
COUNCILMAN VALDATI moved to approve the request for Yvonne
Lawrence and Judge Morse to attend the training sessions at St.
Lawrence and the legitimate expenses to be a Town Charge.
Seconded by Mr. Incoronato.
Motion Unanimously Carried
An application for a Hawking & Peddling License to sell fresh
flowers was received from Aldo Sensini. The application was in
order.
COUNCILWOMAN VISCONTI moved to approve the Hawking & Peddling
License for Mr. Sensini to sell fresh flowers.
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
The following Resolution was moved by COUNCILWOMAN VISCONTI,
and Seconded by Mr. Incoronato.
L
WHEREAS, Contrail Associated of Wappingers, a New York
Partnership, hereinafter referred to as Contrail, the owners of
a large tract of land containing 257 acres +/-located on the
west side of All Angels Hill Road in the Town and which parcel
totally surrounds another parcel of land which it also owns
containing 2.98 +/- acres and upon which is constructed a
commercial office building previously occupied by IBM
Corporation; and
WHEREAS, the 2.98+/- acres parcel has access to a public
highway through a private road system via private roads known as
Angel Brook Drive and Hupe Drive both of which roads are owned
by Contrail: and
WHEREAS, the 257 acre parcel is partially contained within 2
separate zoning districts COP and R-40; and
WHEREAS, Contrail proposes to subdivide the 257 acre parcel
by realigning the 2.98 parcel to create a 13 acre lot
(hereinafter referred to as Lot #1) and leaving the balance as
one large parcel hereinafter as lot #2; and
WHEREAS, Contrail has submitted a proposed subdivision map
entitled "Subdivision Plat/Lot Line Realignment -Angel Brook
Acres" dated April 4, 1994 last revised May 17, 1994 and
prepared by Gray, Railing and Heinsman and has submitted same to
the Town of Wappinger Planning Board for approval; and
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WHEREAS, the commercial office building located on proposed
lot #1 has been continually used and occupied as a light
industrial office complex in excess of 20 years; and
WHEREAS, the proposed lot #1 will not have direct access to
a public highway, however, said proposed lot will be given
access to a public highway by easement duly recorded in the
County Clerk's Office, through the privately owned and
maintained roads known as Hupe Drive and Angel Brook Drive; and
WHEREAS, the premises to be subdivided will comply in all
respects with the zoning law of the Town of Wappinger, except
that said proposed lot #1 will not have frontage on a public
highway; and
WHEREAS, pursuant to Section 280-a(4) of the Town Law of the
State of New York, the Town Board is authorized to establish an
"OPEN DEVELOPMENT AREA" to permit the development of lands where
access will be given to easement or right-of-way; and
WHEREAS, the TOWN BOARD has reviewed this action with
respect to SEQRA and has determined that the proposed
authorization to create and "OPEN DEVELOPMENT AREA' to serve the
proposed lot #1 on the subdivision map entitled "Subdivision
Plat/Lot Line Realignment Angel Brook Acres" will not create any
significant environmental impacts.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby determines that it is the only
involved agency in this action to declare an "OPEN DEVELOPMENT
AREA" pursuant to Section 280-a(4) to authorize the properties
owned by Contrail Associates of Wappingers, a New York
Partnership, said parcels identified as tax grid parcels
#6257-02-678905 and #6257-02-630770 to be provided access to
public highways by easement, and the Town hereby declares itself
lead agency pursuant to Article 8 ECL and the related title 6
part 617.11NYCRR.
2. The Town Board has cause to be completed part 1 and
part 2 of the short form EAF for this project in the form
annexed hereto as Exhibit "A".
3. The Town Board has reviewed the intended action with
respect to the criteria set forth in 617.11NYCRR and Local Law
#6 of 1992 and hereby determines that the intended action will
not create any significant adverse impacts on the environment
and hereby issues a Negative Determination of Significance for
this project; the Town Board hereby issues the Negative
Determination of Significance for the following reasons:
"a) The intended action will only formalize and legally
permit the use and operation of a facility which has existed
without incident for approximately 20 years.
b) The intended action will not result in any land
disturbances or new construction and will thus not have an
impact upon the character of the immediate or surrounding areas,
the flora or fauna, nor any historic, archaeological,
agricultural or aesthetic resources.
c) The intended action will not result in a substantial
adverse change in noise or air quality, ground or surface water
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quality or quantity, or traffic levels.
d) The intended action will not create a material conflict
with the Town's current plans or goals as officially adopted."
4. The Town Supervisor is hereby authorized to execute part #3
of the short form EAF and further directs the Town Clerk to
provide for the filing and/or distribution of same as provided
by law.
5. The parcels identified as tax r' - -
p grid parcels #6257 02 678905
and #6257-02-630770 hereof are hereby declared to be and "OPEN
DEVELOPMENT AREA" pursuant to Section 280-a of the Town Law.
6. The Town of Wappinger Planning Board is hereby authorized to
approve a subdivision/lot line revision of the 257 acre parcel
of land owned by Contrail Associates of Wappingers which will
result in (1) 13 acre parcel with access to a public highway
provided by easement through private roads know as Hupe Drive
and Angel Brook Drive, as set forth within the subdivision map
entitled "Subdivision Plat/Lot line Realignment Angel Brook
Acres" dated April 4, 1994, last revised on May 17, 1994 by
Gray, Railing and Heinsman.
7. The "OPEN DEVELOPMENT AREA" shall be authorized only on the
express condition that Contrail grant the necessary easement and
right-of-way, in recordable form, providing access to proposed
lot #1, and Contrail shall take all steps necessary to ensure
that the easement and right-of-way shall provide adequate access
for passage by emergency vehicles in all weather conditions for
the easement area as shown on the above referenced subdivision
Plat/Lot line realignment map.
8. The instruments creating the easement and right-of-way
providing access to the 13 acre parcel (lot #1) shall be subject
to the approval of the Attorney to the Town of Wappinger as to
form.
9. The question of the adoption of the foregoing Resolution was
duly put to a vote on roll call which resulted as follows:
Constance 0. Smith
Vote
Aye
June A.
Visconti
Vote
Aye
Robert
L. Valdati
Vote
Aye
Joseph
Incoronato
Vote
Aye
Joseph
Ruggiero
Vote
Aye
The Resolution was duly declared adopted.
A request for the return of Escrow in the amount of $10,000 was
received from Grossman's, Inc.
COUNCILWOMAN VISCONTI moved to approve the return of the Escrow
fund in the amount of $10,000.00 based on the recommendations of
Zoning Administrator, Herb Levenson.
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Seconded by Mr. Valdati.
Motion Unanimously Carried
Notification was received from the New York Department of
Transportation informing the Town of its intent to resurface
Route 9 in the Towns of Fishkill and Wappinger. The project
will extend from Church Street in the Village of Fishkill north
to Myers Corners Road. The scope of the project will include
the following work:
1) Cracking and seating the existing Portland Cement concrete
pavement, placing an asphalt overlay on the roadway and
resurfacing or rebuilding the shoulders.
2) Repairing and cleaning the drainage system.
3) Replacing guide railing and signing.
The anticipated construction will begin in the Summer of 1995 to
be completed in the Spring of 1996.
COUNCILMAN INCORONATO moved to accept the correspondence and
place it on file.
Seconded by Mrs. Visconti.
Motion Unanimously Carried
The following Purchase Orders were submitted for approval by
Mr. Ralph Holt, Chairman of the Recreation Committee . (1)
$2,900.00 to Southern Industrial Sand, Inc., for 100 T of Clay
for fields at Robinson Lane and Martz Field. Funds to come out
of Account A-7110.4. (2) $1,500.00 to Sherwin Williams, for
paint or Barn on Montfort Road, dugouts, handball court and rest
rooms. Funds to come out of Account A-7110.4 (3) $2,500.00 to
Crop Production, for fertilizer for all areas. Funds to come
out of Account A-7110.4. (4) $2,000.00 to Corbin Excavating,
Inc., for pea gravel to be put under the playground equipment at
Martz Field, a safety requirement. Funds to come out of Account
A-7110.4. (5) $1,400.00 to All American Fence Company, to
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replace old unsafe fence at Castle Point. (6) $2,800.00 to S.
& S. Arts and Crafts for the purchase of craft items for the 6
summer playgrounds. Funds allocated in budget line B-7310.4.
(7) $5,000.00 to Wappinger Central School District, to cover the
cost of bus transportation for the summer playgrounds. Funds to
come from Recreation Account B-7310.4. (8) $955.00 to Miracle
Recreation, to install the Totville Playground equipment at
Martz Field, which was purchased in December 1993. Funds to
come out of Parkland Trust to B-7310.2.
COUNCILMAN VALDATI, moved to approve the request for all the
above Purchase Orders requested by Mr. Holt, Chairman of the
Recreation Committee.
Seconded by Mr. Incoronato.
Motion Unanimously Carried
A Purchase Order was also submitted by Blaine Snowden, Town
Clerk, for the approval of $5,032.00 to Brown's River Binder,
Inc., a Records Preservation Service, for work on several of the
Towns oldest Birth, Death and Marriage Records. The books date
back to 1882, and are beginning to deteriorate. All vital
statistics records may never be disposed of and they must still
be referred to from time to time. A quote was solicited last
fall to have the work done, but because of the nature of the
work to be done, only one competent company was located.
COUNCILWOMAN VISCONTI moved to approve the Purchase Order for
Blaine Snowden for $5,032.00 to Browns River Bindery, Inc, for
the Records Preservation Services.
%W Seconded by Mr. Incoronato.
Motion Unanimously Carried
Lastly, a letter was received from Roger G. Lacoste of 30 Peters
Road, Hopewell Junction. Mr. Peters feels that the new 30 MPH
signs posted on Peters Road would invite excessive speed on
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this road. He feels that this horseshoe road cannot handle
speeds over 10-15 MPH. Citing that there are many small children
in the area, he requested that the signs either be changed to
reflect the lower speed limit, or removed.
Mrs. Smith explained that the speed limit on all town Roads is
30 MPH & if not posted, 55 MPH. Also, because of liability,
the Town will not remove the sign.
COUNCILWOMAN VISCONTI moved that the Supervisor send Mr. Peters
a letter regarding the removal of the sign and the posting of a
lower speed limit.
Seconded by Mr. Incoronato.
Motion Unanimously Carried
Lastly, a Memo was received for the NYSEFC confirming the time
frame of the Tri -Municipal Sewer Project #5306-02 which includes
addendum #1-4 conditional. At this time Mr. Paggi, Engineer to
the Town spoke and said that he had received the report and
recommended the Town Board accept and approve it including
Addenda's 1-4 with the understanding that the Section of
Exhibit 4A-4, that states that the stream permit is in hand and
enclosed, be deleted.
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
RESOLVED, that the Town Board of the Town of Wappinger
accept and approve the Engineering Report on Tri -Municipal sewer
Project #5306-02, including Addenda's 1 through 4, with the
understanding that the Section of Exhibit 4A-4 that states that
the stream permit is in hand and enclosed, be deleted.
Seconded by Mr. Visconti.
Resolution Unanimously Adopted
COMMITTEE REPORTS
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MR. RUGGIERO reported that on May 12, there was a meeting
between the Tri -Muni and the EFC that was attended by Supervisor
Smith, Jay Paggi, Engineer to the Town, and Al Roberts,
Attorney to the Town.
Headway was made and hopefully we can go out to Bid by early
Summer and the first phase of the project completed by December
of 1995.
MR. VALDATI on Highway, questioned Mr. Foster regarding up to
what point in New Hamburg is Towns property and what is
Poughkeepsie. Mr. Foster stated the Creek is the dividing line.
Mr. Valdati felt the Road speed signs are very confusing. There
are old signs with new speed limits painted over them. Mr.
Foster explained that Poughkeepsie Paints over their old signs,
and the paint bleeds through. Mr. Foster said he would speak
with someone from the County on this matter.
MR. INCORONATO commented on the hazardous conditions on Old
State Road Chelsea, southbound, and feels there should be some
serious engineering in that area because of the dip in the Road.
Mr. Foster said the State is aware of problem.
Around 9 months ago Mr. Paggi looked into the feasibility to
rebuild the northern intersection of Old State Road and the
discussions are still ongoing with DOT. Figures will be
presented to the Board.
Mrs. Smith stated they are aware of the problem and there is a
Workshop planned.
MRS. VISCONTI gave a short report on the Recreation meeting that
she attended. Mr. Richard Rose, Director of Poughkeepsie
Recreation, made up copies of the 94 summer concert schedule
for the Town of Wappinger and the Town of Poughkeepsie. Mrs.
Visconti brought copies to distribute.
MR. VALDATI also wished to remind everyone of the Memorial Day
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schedule for the Town of Wappingers to be held on Monday, May
30. MRS. SMITH said Services would start at 8:30 at the Rural
Cemetery in Wappingers, from there to St. Mary's Church, on to
Mesier Park, then to Chelsea Yacht Club, and the Main service to
be held at the Monument at 2:00 P.M. Mrs. Snowden, the Town
Clerk would be placing all the Wreaths. jj
MR. FOSTER brought up a problem at the Chelsea dock site. Jet
Skiers are using the dock for mooring instead of launching and
People are having problems getting their boats in the water.
There were 10 minute signs posted at one time, which are no
longer up. Mrs. Smith will speak to Ralph Holt and Carl
Amburgy, perhaps some signs can be erected again.
BONDS AND LETTER OF CREDIT
Mr. Levenson's monthly report on the schedule of Bond and
Letters of Credit for the various subdivisions with the amounts,
the expiration and call up dates was received.
COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's report of
the schedule of Bonds and Letters of Credit and Place them on
file.
Seconded by Mr. Valdati.
Motion Unanimously Carried
RESOLUTIONS
Next item to come before the Board is the resolution to
authorize the Supervisor to sign the agreement w/Leasees for the
Emergency Services Building and go out to Bid.
COUNCILMAN VALDATI moved to authorize the Supervisor to sign the
agreement with the Leasees for the Emergency Services Building
and go out to Bid.
Seconded by Mrs. Visconti
There was some discussion by Mr. Foster on the cost of
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maintaining the Emergency Services Building, and he was told
there will be minor costs, such as Insurance, maintenence,
and some costs will be shared. If any other large
costs are incurred they will be paid by the Town and will be
recouped when the lease is renewed.
LMotion Unanimously Carried
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
RESOLVED, that Jim Chappas be and he hereby is appointed to
fill the vacancy on the Recreation Committee of the Town of
Wappinger which has occurred by reason of the expiration of the
term of Donald Rider, and
IT IS FURTHER RESOLVED, that the said Jim Chappas is hereby
appointed to the Recreation Committee for a term which will
expire on the 1st day of May, 1999.
Seconded by Mr. Valdati
Roll Call Vote:
Vote
r.rSupervisor Smith
Aye
Councilman Ruggiero
Aye
Councilman Valdati
Aye
Councilman Incoronato
Aye
Councilwoman Visconti
Aye
There was some discussion by Mrs. Smith prior to the vote in
regard to adding more members to the Recreation Committee. She
was told by Mr. Holt, that unless they come up with a new sport
and a new expert he has enough members on the committee.
Motion Unanimously Carried
UNFINISHED BUSINESS
Graham Foster, Superintendent of Highways questioned the wording
on the minutes of April 25 page 11 line 3. In regard to the
wording on the proposed road study, Mrs. Smith felt there was
no conformity to the STOP signs. What was meant by that
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statement.
Mrs. Smith felt this was a poor choice of words. What was meant
by the remark was that there are STOP signs everywhere, and
perhaps other steps can be taken to alleviate the traffic
problems without the use of STOP signs.
Mr. Foster also discussed the SHIPS Program, there is $225,000
coming down and one of the projects that was proposed was the
removal of the Tunnels on Maloney and Diddell Roads. Mrs.
Smith explained, that with the SHIPS project, money must come up
front and the Salt request must be put on the next Workshop, so,
perhaps this request could be put on hold. Mr. Foster
explained that the forms for the SHIPS must be filled out and
mailed as soon as possible. This is not a request to do the
work, just to apply for the project.
At this time, Mr. Paggi requested authorization to inspect the
Tunnels with Mr. Foster.
COUNCILWOMAN VISCONTI moved to authorize Mr. Paggi, Engineer to
the Town to inspect the Tunnels with Mr. Foster.
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
At this time Mr. Valdati questioned Mr. Paggi on the status of
the Water line extension to the Town Highway Garage Site and if
there was any progress in getting the water lines hooked up.
Mr. Paggi stated that new owners had purchased the parcel of
land next to the Town Highway. Mr. Paggi approached them
with the idea that a request had been made with the previous
owners for an easement, for the water line extension, and the
new owners indicated they would be very willing to cooperate.
NEW BUSINESS
One item brought up by Mr. Ruggiero, was the amount of litter
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and garbage on roads around Town. He was also contacted by one
of the Town Residents regarding this problem. What are the
fines, and should this problem be addressed. Mrs. Smith
replied Because of the Spring clean up, residents are leaving
debris in empty lots. Mrs. Smith said the fines are $500, and
it takes a long time to press charges, around 90 days.
Also, when citizens have called the Zoning Administrator
reporting illegal dumping, they do not wish to give their names
or get involved.
Mr. Foster commented that One million pounds of Bulk had been
picked up as of this date.
Mrs. Smith suggested, that next year, instead of the Town
Highway picking up items, that several weekends be set aside
for residents to bring their unwanted items to the Town Highway.
She feels people are abusing the privilege. Some homeowners
are renovating their homes and putting it out for Spring
cleanup.
Mr. Ruggiero also brought up for discussion the PA system at Fun
Central, and was it being turned off by 7:00 P.M. He was
informed by Mr. Levenson it was, but now there was a problem
with the PA system from Home Depot, which is quite loud. Mrs.
Smith said she would speak to someone in the Village on this
matter.
There was no other business to come before the Board.
COUNCILWOMAN VISCONTI moved to adjourn the Town Board Meeting,
Seconded by Mr. Incoronato, and Unanimously Carried.
The Meeting adjourned at 8:25 P.M.
Elaine H. Snowden
Town Clerk
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