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1994-01-24 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JANUARY 24, 1994 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Reg. Dec. 27, 1993 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Rec. of Taxes Bldg. Insp. Zng. Adm. Dog Control Officer 5. -PETITIONS & COMMUNCIATIONS a. G. Foster, H, Supt., requests permission to bid for Road aggregates, Oil, and Gasoline, Etc. b. Correspondence from M. Liebermann, Fire Insp., re: resignation of Geo. Budd from T/W Fire Prevention Bureau, and recommendation for appointment of Fran Daniels as replacement C. Request for return of Escrow Funds from John Bocchino, 33 Thompsoi Terr. for Driveway, $3,000. d. Douglas Murphy, Wildwood Drive, Re: Lapsed Bldg. Permit e. J. Paggi, PE, Eng. to Twn, Reports: (1) request authorization fo Eng. to continue with work on Ground Water under influence of Surface Water (2) Thalman - report on rezoning petition (3) Pace Plot Plan/Hettinger f. Memo from C. Smith, Sup., re: approval of expenditure for file cabinets g. Katherine Hudson, Attny, NYSDEC to David Munro re: support of T/W consent judgement modification, Tri -Muni h. Accident Report on G. Foster pickup truck 6. COMMITTEE REPORTS 7. BONDS AND LETTERS OF CREDIT H. Levenson Report 8. RESOLUTIONS a. Vacancies on Board of Assessment Review (Diehl & Cauda) b. Term of Jas. Brooker, member of Zoning Board of Appeals, expires Feb. 4th c. W.B. Nelson, rolling Meadows Rezoning d. Request for Special Legislation to transfer Recreation Lands (Fulton property w/ T/Wappinger, Montfort Rd. e. Introduce Local Law for Revisions & other amendments to update T/W Zoning Law, and set Public Hearing f. Association of Towns - Resolutions to be addressed at Annual Meeting - Board's recommendations to Delegate on voting g. Apporve Agreement for Dial -A -Ride, and authorize Sup. to sign h. Authorization to join EAP program i. Authorize Storm Sewer Replacement pipe on Myers Corners Rd. (Wapp Sewer Transmission/Treatement Project disinterment) j. Compt. requests permission to borrow funds from P/Town for CAMO p 9. UNFINISHED BUSINESS Appoint Chairman to CAC 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: Adjourned Public Hearing scheduled for 6:45 P.M. (Rolling Meadows) 940124.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on January 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: LJoseph Ruggiero, Councilman Robert Valdati, Councilman Joseph Incoronato, Councilman �kw June Visconti, Councilwoman Constance Smith, Supervisor Elaine H. Snowden, Town Clerk Also Present: Joseph Paggi, Jr., Engineer to the Town Joan Garrett, 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 December 27, 1993 having previously been forwarded to the Town Board were placed before them for their consideration. COUNCILWOMAN VISCONTI moved that the above stated Minutes be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. Valdati. Motion Unanimously Carried Mr. Incoronato asked for discussion, after the seconding of the Minutes. He felt there should be some clarification of some action taken by the Board regarding the Resolution approving the Special Use Permit for the Wappingers Golf Park. He was under the impression there not only would be another Public Hearing, but also more protection for the residence in the area, imposing restrictions such as, lighting, traffic, etc. restrictions in the Resolution for the Special Use Permit. It was Mrs. Smiths opinion that the Town Board should not be Page 1 01/24/94 Councilman Ruggiero and Councilman Incoronato were both concerned that the Town Board had not set a number of restrictions in the Resolution for the Special Use Permit. It was Mrs. Smiths opinion that the Town Board should not be Page 1 01/24/94 1P 940124.RGM involved in the Special Use Permit, their concerns are a matter for the Planning Board to discuss and either approve or disapprove. Further, she indicated this was not on the Agenda and would be taken up by the Planning Board at their next meeting. After further discussion, Mr. Incoronato and Mr. Ruggiero stated that they would like to see a Resolution prohibiting any building permits be issued on this project before there was a resolution clearing up some of the confusion. COUNCILMAN INCORONATO moved to disallow the issuance of any Building Permit on this project until they clarify the issue of the Special Use Permit. Seconded by Mr. Ruggiero Roll Call: Joseph Ruggiero Vote Aye Robert Valdalti vote Aye Joseph Incoronato vote Aye June Visconsti vote Nay Constance Smith vote Abstain Motion Carried There were also some comments from residents in the audience who were under the impression that the Town Board was the Body to set these guidelines regarding the Special Use Permit. After further discussion Mrs. Smith indicated that the Town Planner had already prepared a long list of recommendations, based on the comments at the first Public Hearing, that would be considered by the Planning Board. COUNCILWOMAN VISCONTI moved to allow Supervisor to send a letter to the Planning Board to clear up any confusion of the Special Use Permit. Seconded by Mr. Incoronato. Motion Unanimously Carried The discussion was ended and the Board continued with the G Agenda. Page 2 01/24/94 940124.RGM REPORTS Reports for the Month of December were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Building Inspector, Zoning Administrator and Dog Control Officer. COUNCILWOMAN VISCONTI moved to accept the above stated reports and placed them on file. Seconded by Mr. Incoronato Motion Unanimously Carried PETITIONS AND COMMUNICATIONS A request was received from Graham Foster, Superintendent of Highways to Bid for Road Aggregates, fuel oil, gasoline, sand. A second request submitted by Mr. Foster was for permission to bid for two (2) new trucks to replace the 1963 and 1964 trucks which are in need of replacement. This money would come from our reserve for Capitol Equipment. COUNCILWOMAN VISCONTI moved to authorize the Highway Superintendent to go to bid for the road aggregates etc., and the two trucks. Seconded by Mr. Incoronato. Motion Unanimously Carried Correspondence was received from Mark J. Lieberman, Fire Inspector, informing the Board of the resignation of George Budd from the Fire Prevention Bureau. Chief Pottenburgh has named Fran Daniels as George Budd's replacement, which is due to expire on July, 1995, and requests the Boards approval on the replacement. COUNCILWOMAN VISCONTI moved to accept the resignation of Mr. George Budd and approve Fran Daniels as his replacement on the T/W Fire Prevention Bureau. Seconded by Mr. Incoronato Page 3 Motion Unanimously Carried 01/24/94 4.RGM A request for the return of Escrow Funds in the amount of $3,000.00 was received from John Bocchino, 33 Thompson Terrace for various improvements for his driveway. COUNCILWOMAN VISCONTI moved to approve the request for the refund of escrow funds, as stated, based on the recommendation of the Building Inspector. Seconded by Mr. Incoronato. Motion Unanimously Carried Correspondence was received from Douglas Murphy, Wildwood Drive regarding a lapsed Building Permit. Mr. Murphy has requested an extension due to a hardship case. Mr. Murphy was not aware that there was an expiration on the permit, and requests to have the fee applied to a new building permit. COUNCILWOMAN VISCONTI moved to allow the request for a new Building permit and allow the fee be applied towards the new one. Seconded by Mr. Ruggiero Motion Unanimously Carried Three Reports were received from Mr. Paggi, Engineer to the Town; the first was a request for Authorization for the Engineer to continue work on Ground Water under Influence of Surface Water, Hilltop, Rockingham and Atlas Well Fields, COUNCILWOMAN VISCONTI moved to authorize the Engineer to the Town to continue his negotiations with the Health Department and report back to the Town Board. Seconded by Mrs. Smith Motion Unanimously Carried The second report from Mr. Paggi was on the Thalman Zoning Application change from HD to HB. COUNCILWOMAN VISCONTI moved to table any action until there is a work shop on February 14, at which time the Thalmans will Page 4 01/24/94 940124.RGM attend. Seconded by Mr. Valdati. Motion Unanimously Carried The third report received from Mr. Paggi was in reference to the Pace Plot Plan/Hettinger and the outcome of the meeting. It was noted that Mr. O'Donnell would do a certain amount of %W work in the Spring as stated in the Memo written by the Building Department. COUNCILWOMAN VISCONTI made a motion to place the correspondence on file and verify that the builder will do all the work as proposed. Mr. Paggi also let it be known that the work specified is being done by the Builder, and although the Town has approved of the plan in concept however, assumes no responsibility in its's design or it's ability to function. Seconded By Mr. Incoronato Motion Unanimously Carried An item brought up by Graham Foster Superintendent of Highways was the notification from Senator Saland of a $150,000 grant to do work on Wheeler Hill Road and requested the Board to Authorize Mr. Paggi to prepare Plans and Survey, weather permitting; Also as promised, Supervisor Smith will have a Public Information Meeting in order let the residents know what was going on. COUNCILMAN VALDATI made a motion to authorize Mr. Paggi to prepare Plans and Survey for the Wheeler Hill Road Project. Seconded by Mr. Ruggiero. Motion Unanimously Carried SUPERVISOR SMITH also stated she received a call from Senator Saland requesting her to submit another project for $75,000. Upon the recommendation of Mr. Foster, a project was submitted for the widening of Widmer Road which was under discussion Page 5 01/24/94 ` 940124.RGM earlier and it appears the Town will receive the money for the widening of Widmer Road. A Memo was received from SUPERVISOR SMITH with several proposals for the purchase of File Cabinets for various departments in the Town Hall. It was suggested that the proposal go to State Bid -Core Craft, as they were the lowest, for a total cost of $1,731.00. COUNCILWOMAN VISCONTI moved to give Supervisor Smith permission for the purchase of the File Cabinets from Bid -Core Craft, as the lowest quote. Seconded by Mr. Incoronato Motion Unanimously Carried The following correspondence was placed on the agenda solely to be accepted and place on file. It was a Memo received from Katherine Hudson, Assistant Regional Attorney NYSDEC to David Munro regarding her Support of Town of Wappinger Consent Judgment Modification of Tri -Muni. COUNCILWOMAN VISCONTI moved to place the correspondence on file. Seconded by Mr. Incoronato The last item of correspondence is the accident report of January 12, 1994 as submitted by Graham Foster, Superintendent of Highways . COUNCILWOMAN VISCONTI moved to accept the report. and place it on file. Seconded by Mr. Incoronato. Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO gave a short report on the Tri -Muni Reorganizational meeting he attended on January 13, 1994. COUNCILMAN VALDATI reported on the conditions of our roads and praised the Highway Department on the excellent Job they were Page 6 01/24/94 940124.RGM doing maintaining the roads. Councilman Valdati also questioned Mr. Foster regarding some shelters for the workers at the recycle center. Mr. Foster felt that a shelter would not be feasible as some of workers must stand on a structure in order to receive the recyclables. They could however find temporary shelter in one of the garages if need be. MR. FOSTER, Highway Superintendent in his report, warned that the Public be prepared as the Salt Supply is running dangerously low because the supplier has run out. Also our main supplier of sand has also run out and we will be purchasing it from a new supplier. COUNCILMAN VALDATI questioned Mr. Foster regarding an emergency situation should one arise, what would be the back-up. Mr. Foster stated that Calcium Chloride could be purchased at a very high cost. His recommendation would be to mix salt & sand or all sand. He felt that the major objection to sand is the clean up. Mrs. Smith asked if the sand could be used again, and was told, that it no longer contained "grit" after it was cleaned up off the roads. COUNCILMAN INCORONATO gave a short report on Dial -a -Ride, run by Dutchess County Office For the Aging, the Agreement which the Board would consider later, and going to vote on in tonights meeting. He also outlined the qualifications: Over 60, and unable to get a regular bus, Handicapped, and unable to get a bus and the cost 75 cents one way or $1.75 for round trip. Mr. Incoronato felt it is well worth the $19,000 that the Town of Wappingers will be putting up toward this program. It was noted that the residents using the program should call in advance in case of a doctors appointment, which took priority over coming to The Senior Center or the Mall. Page 7 01/24/94 940124.RGM COUNCILWOMAN VISCONTI reported on the status of the negotiations with the Highway Department Employees. They have reached an impasse, therefore, a mediator has been called upon to continue with the negotiations. Mrs. Visconti also reported on the meeting she attended, with the Recreation Department. All is moving along with the Spring Program. She also mentioned an area of Martz Field that had been blacktopped and fenced in for the purpose of roller skating, and how the young mothers used this area, as a large playpen for their toddlers because it was safe. An Item brought up by Mr. Ruggerio; he was contacted by residents of Spook Hill area regarding vandalism and drugs at their park. Mrs. Smith made mention that the park is patrolled regularly. And it was suggested that perhaps if the park were not plowed in the winter it would be a deterrent to vandalism, parking etc. SUPERVISOR SMITH confirmed that we will be receiving $18,892.00 from the State due to the fact that we have kept our assessment records up to date. She noted that it is a reimbursement. BONDS AND LETTERS OF CREDIT Mr. Levenson submitted his monthly report on the schedule of Bonds and Letters of Credit on the various subdivisions, the amounts, expiration dates and call up dates. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Correspondence had been received from Debra L. Barlok requesting to formally withdraw her application for permits needed to open a Teen Center, and for the return of her escrow in the amount of $3,765.97. Page 8 01/24/94 940124.RGM COUNCILWOMAN VISCONTI made a motion to return the escrow in the amount of $3,765.97 to Debra L. Barlok. Seconded by Mr. Incoronato Motion Unanimously Carried RESOLUTIONS The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Bernice Morris be and she hereby is appointed to fill the vacancy on the Board of Assessment Review of the Town of Wappinger which has occurred by reason of the resignation of Gerard Cauda. IT IS FURTHER RESOLVED, that the said Bernice Morris is hereby appointed to the said Board of Assessment Review for a term which shall expire on the 30th day of September, 1997. Seconded by Mrs. Smith Motion Unanimously Carried It was suggested by Mr. Ruggiero that in the future there be a work shop so that the Board members would have the opportunity to meet all those wishing to be considered for these appointments. Mrs. Smith agreed, on any future vacancies, but due to the urgency of filing with the State, a name was needed as soon as possible. Regarding the vacancy of Mr. Diehl, at this time no one was available to fill the vacancy of Mr. Diehl on the Board of Assessment Review. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Joseph H. Prager, Jr. be and he hereby is appointed to fill the vacancy of the Zoning Board of Appeals of the Town of Wappinger which has occurred by reason of the expiration of the term of James Brooker and IT IS FURTHER RESOLVED, that the said Joseph H. Prager, Jr. is hereby appointed to the Zoning Board of Appeals for a term which shall expire on February 1, 1999. Seconded by Mrs. Smith Page 9 01/24/94 940124.RGM Roll Call Joseph Ruggiero Robert Valdati Joseph Incoronato June Visconti Constance 0. Smith Abstain Aye Aye Aye Aye Motion Carried Due to the adjourned Public Hearing for Rolling Meadows, the Rezoning request has been tabled at this time. SUPERVISOR SMITH made a motion to table the rezoning request. due to the fact that the adjourned Public Hearing was again r adjourned, to March 28, 1994 at 7:15 P.M. Seconded by Mrs. Visconti This next Resolution is a request for Special Legislation to authorize a transfer T/W Recreation Land to Mrs. Fulton's on Montfort Road for a like parcel from Mr. Fulton to the Town of Wappinger. The following Resolution was moved by COUNCILWOMAN VISCONTI and seconded by Councilman Ruggiero. WHEREAS, by Resolution dated June 14, 1993, the Town Board requested the New York State Legislature to enact a special law authorizing the Town of Wappinger to discontinue the use of and to convey certain parklands in exchange for acquiring and dedicating as parklands another parcel of comparable size; and WHEREAS, by the resolution dated June 14, 1993, the Town Board also declared itself lead agency pursuant to Article 8 -ECL and the related Title 6 part 617 NYCRR and further issued a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project; and WHEREAS, the New York State Legislature undertook to adopt the requested special legislation; and WHEREAS, said special legislation contained a typographical error requiring its resubmission and readoption by the State Legislature; and WHEREAS, the Town Board, Town of Wappinger desires that the New York State Legislature adopt the appropriate legislation necessary to permit the Town effectuate the able referenced land - transfer in accordance with a certain contract dated February 19, 1993 by and between the Town of Wappinger and Joseph H. Fulton, Jr. and Evelyn Fulton; and WHEREAS, the appropriate Legislative committees have prepared a revised bill to be introduced respectively in the Senate and Assembly - the Senate Bill bearing No. 5765-B and the Assembly Page 10 01/24/94 940124.RGM Bill bearing No. 8474-B. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS; 1. The Town Board of the Town of Wappinger hereby requests that the New York State Legislature authorize, by special legislation, through Senate Bill No. 5765-B and Assembly Bill No. 8474-B, the Town of Wappinger to transfer .043 acres of land presently part of the Montfort Road Parks/Recreation site to Joseph H. Fulton, Jr. and Evelyn Fulton, in exchange for .043 acre parcel of land to be conveyed from Joseph H. Fulton, Jr. and Evelyn Fulton to the Town, said parcels of land more particularly described and set forth in a certain survey map prepared by Paggi and Martin, Engineers and Surveyors, dated November 1987, last revised February 5, 1992, and in accordance with a certain contract dated February 19, 1993, a copy of said survey and contract being on file with the Town Clerk. 2. The Town Board, Town of Wappinger, further requests that the New York State Legislature undertake whatever steps are necessary to adopt the appropriate Legislation to permit the Town of Wappinger to effectuate the Land transfer set forth in the contract dated February 19, 1993 by and between the Town of Wappinger and Joseph H. Fulton, Jr. and Evelyn Fulton. 3. The Town Board further confirms that by Resolution dated June 14, 1993, it had declared itself the only involved agency in this action and issued a Negative Determination of Significance for this project. The question of the adoption of the foregoing Resolution was duly put to vote on roll call, which resulted as follows: Joseph Ruggiero Aye Robert Valdati Aye Joseph Incoronato Aye June Visconti Aye Constance 0. Smith Aye The Resolution was thereupon declared full adopted. SUPERVISOR SMITH made a motion to table The Introduction of Local Law for Revisions and other amendments to update Town of Wappinger Zoning Law, and set a Public Hearing because the planning board had not yet sent back its comments, due to the fact that they were snowed out several times. Seconded by Mrs. Visconti Motion Unanimously Carried The next item brought before the board were 1994 Resolutions to be addressed at the Annual Meeting of the Association of Towns and read by our delegate MR.RUGGIERO, and the Board indicated how they wished Mr. Ruggierio vote on each one. It was the consensus of the Board Members to Vote in favor of Page 11 01/24/94 9 940124.RGM all the Resolutions as reported by the Committee of the Association of Towns. The next Item brought before the Board was for the approval and authorization for the Supervisor to sign an agreement with Dial -a -Ride for $19,039.00. COUNCILMAN INCORONATO moved to approve the Contract and authorize Supervisor Smith to sign it (with the Dutchess County Agency for the Aging for Dial -a -Ride). Seconded by Mrs. Visconti Motion Unanimously Carried The next item brought before the Board was for the Authorization for the Town of Wappinger to Join EAP Program. COUNCILMAN VALDATI moved to approve the Town joining the EAP and authorize paying the fee of $1,500.00. Seconded by Mrs. Visconti Motion Unanimously Carried i Authorization was requested to replace pipe on Myers Corners Road, (Wappinger Sewer Transmission/Treatment Project) which had unearthed what appeared to be abandoned pipes. COUNCILWOMAN VISCONTI moved to authorize the Storm Sewer replacement Pipe on Myers Corners Road. Seconded by Mr. Incoronato. Motion Unanimously Carried A request was received from Ann Buckley, Town Comptroller for permission to borrow funds in the amount of $171,289.48 from B fund to pay Camo Pollution. COUNCILWOMAN VISCONTI moved to allow the Comptroller to borrow funds from the B fund to pay Camo Pollution. Seconded by Mr. Incoronato i Motion Unanimously Carried Page 12 01/24/94 940124.RGM UNFINISHED BUSINESS There being a vacancy on the Conservation Advisory Council due to the resignation of Florence Graff, The name of Laurence Murphy for a Member of the Conservation Advisory Council was offered for consideration . COUNCILWOMAN VISCONTI moved to appoint Laurence Murphy as a member of the Conservation Advisory Council. Seconded by Mr. Incoronato Motion Unanimously Carried Due to the resignation of Mrs. Graff the Council was left without a Chairperson. COUNCILWOMAN VISCONTI moved to appoint Laurence Murphy as the Chairman of the Conservation Advisory Council. Seconded by Mr. Incoronato Motion Unanimously Carried NEW BUSINESS Mr. Ruggerio brought up a request from Residents of Kendall Road It seems that their intersection is the only one without a streetlight on the County Road. The residents feel its quite dangerous. Mrs. Smith suggested that the residents make the request in writing and send it to the Town. It was mentioned by Mr. Foster this was the second request for the streetlight. Mrs. Smith requested that the file be pulled, and then she would get back to Mr. Ruggiero regarding this request. The last item brought before the Board was a request from Graham Foster in regard to repair costs for the automobile used by Mr. Logan, Town Assessor. The estimated cost would be around $1000.00. Mr. Foster requested some direction from the Board. Some mention was made by Mr. Incoronato as to the pooling of the autos, getting magnetic signs for the cars, and if there is a conflict, pay mileage. Mrs. Smith suggested this matter all be discussed at a workshop. Page 13 01/24/94 940124.RGM There was no other business to come before the Board. COUNCILWOMAN VISCONTI moved to adjourn the meeting. Seconded by Mr. Ruggiero Motion Unanimously Carried The Meeting adjourned at 8:55 P.M. Elaine H. Snowden Town Clerk Page 14 01/24/94 n 9 940124. PH An adjourned Public Hearing of December 27, 1993 was held by the Town Board of the Town of Wappinger on January 24, 1994 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Rezoning Amendment for W. B. Nelson, Rolling Meadows. Supervisor Smith open the Meeting at 6:45 P.M. Present: Joseph Ruggiero, Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Constance Smith, Town Supervisor Elaine H. Snowden, Town Clerk Absent: Robert Valdati, Councilman Also Present: Joseph E. Paggi, Engineer to the Town Joan Garrett, Attorney to the Town Graham Foster, Highway Superintendent SUPERVISOR SMITH noted that a request had been received by the Attorney for the principals to adjourn this Public Hearing for another month. SUPERVISOR SMITH moved to adjourn this Public Hearing until March 28, 1994 at 7:15 P.M. Seconded by Mrs. Visconti, unanimously carried. The adjourned Public Hearing closed at 6:52 P.M. 5� OLtu-0- �� �Lqvv%'L Elaine H. Snowden Town Clerk 01/24/94 PH