1993-08-23 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER.
AUGUST 23, 1993
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes Reg. July 26, $993 Spec. Aug. 9, '93
4. REPORTS OF OFFICERS: Town Justices Sup/Compt Receiver of Taxes
Bldg. Insp.. Zng. Adm. Dog Control Officer
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5. PETITIONS & COMMUNICATIONS
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a. Tax Reviews served on Town (after 7/26) from: K. Levine & R. Rutta;
Contrail Assoc: Satellite Invest.: Cedar Hill Dev.: Sunset Crest
Assoc.: Giuseppe Porco: Giuseppe & Domenico Porco: Three Co.,Inc:
Vinco Realty, Inc. and Three Star Anodizing.
b. Notice of Intent to renew Liqour Lic.-for Mama Mia's Pizzeria, by
Jose Cardoso
c. M. Duke, Regional Permit Adm., DEC, re: publishing Notice of
Complete Application for Tri Muni STP
d. T. Loan Assessor, submitted for approval, Base Proportions for
Homestead/non-homestead apportionment of Real Property Taxes
e. Requests for return of escrow funds from: Walter O'Dell -Driveway -
$3,000 & Levine Hofstetter & Frangk-driveway,seeding,grading, $4,500
f. Michael Suozzo request Town Accept extension of Mocassin View Rd.
as a Town Road
g. Memo from M. Tremper, CAVO, re: Dirty Water Complaint at 14 Wildwood
h. Bruce Feron, Hollowbrook Assoc. re: request for Town to install 2
lights on Myers Corners Rd. at private entrance to Hollowbrook Park
i. Ron Friedman, P.E., re: accidents at All Angels Hill Rd. and Kent Rd.
j. J. Paggi, Eng. to Twn, Reports: (1) Old Troy Rd. realignment (2)
SRF Project 15306-02 Tri Muni Plant expansion (3) Highway Improvemen
Rte 9D & Old State Rd. (4) D-90 Drainage Project (w/Pictures) (5)
W. Sewer Trans/Treatment Phase 3A (6) WS Trans/Treatment Imp. Area
Phase i Contract #2 -GALS- Change Order
k. R. Hol ,, Ch. Rec. Comm., request for approvals for.: PO's (1)
Electric at Robinson Lane & Bus Transportation for Summer Program:
(2)Construction of Storage Bldg at Montfort Rd.: (3)Proceed w/work
on Airport Park fields
1. Corr. from D. O'Connor, P.E.,D.Co Health Dept. re: New Well for Chels
Recreation Area
m. Request from H. Levenson, Zng. Adm and members of Planning Board and
Zng. Board of appeals to attend NY Ping. Fed.Confereuce Oct.404-17th.
at Ellenville, NY
n. Kathleen Bahnsen letter supporting magazine recycling program
6. COMMITTEE REPORTS
7. BOND & LETTERS OF CREDIT
H. Levenson Report
Letter of Credit for Performance Bond of Jos. C. Jordan Subdivision
8. RESOLUTIONS
a. Approve®greemeut w/Marcal for recycling magazines, etc, and authorize
Supervisor to sign
b. A. Buckley, Compt., request for Transfers for BudgAtAmendments
c. Consider adoption of Local Law for STOP signs amendment
d. Consider adoption of Local Law for Increase of Impoundment fees (Dogs
e. E. Saris, Attny for Tax Review, request permission to settle on
Dinolfo-Wilson Agency tax review
f. Resolution for County Highway Snow & Ice Control work for '93-'94
9. UNFINISHED BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT
RENDER: TWO PUBLIC HEARINGS - 6:45 P.M. A 6:55 P.M. on Local Laws
( 8c and 8d above)
930823.RGM
The Regular Meeting of the Town Board of the Town of Wappinger
as held on August 23, 1993 at the Town Hall, 20 Middlebush Road,
Wappingers Falls, New York.
Supervisor Smith called the Meeting to order at 7:00 P.M.
Present:
Constance Smith, Supervisor
James Mills, Councilman
June Visconti, Councilwoman
Elaine Snowden, Town Clerk
Absent:
Robert Valdati, Councilman
Robert Wallace, Councilman
Others Present:
Albert Roberts, Attorney to the Town
Joseph E. 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 July 26, 1993, and the
Special Meeting of August 9, 1993, having previously been
forwarded to the Board Members, were placed before them for
their consideration.
MRS. VISCONTI moved that the above stated Minutes, be and they
are hereby approved as submitted by the Town Clerk.
Seconded by Mr. Mills
Motion Unanimously Carried
REPORTS
Reports for the month of July were received from the
Town Justices, Supervisor/Comptroller, Receiver of Taxes,
Building Inspector, Zoning Administrator, Dog Control Officer,
and Sedore, O'Sullivan & Letterio (Certified Public Accountants)
Financial Statement for the year ending December 31, 1992.
MRS. VISCONTI moved to accept the above stated reports and place
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them on file.
Seconded by Mr. Mills
Motion Unanimously Carried
PETITIONS & COMMUNICATIONS
The following tax reviews served on the Town received after July
26, 1993: Three Co., Inc.: Vinco Realty Corp.: Three Star
Anodizing Corp.: Satellite Investments: Contrail Assoc. of
Wappinger: Kenneth Levine and Richard Rutta: Giuseppe Porco:
Giuseppe and Domenico Porco: Cedar Hill Development Corp.:
Sunset Crest.
MRS. VISCONTI moved to refer the above stated tax reviews to
Emanuel Saris, Attorney representing the Town in defending these
actions.
Seconded by Mr. Mills
Motion Unanimously Carried
Notice of Intent to file application for a liquor license was
received from Jose Cardoso, for MAMMA MIA's PIZZERIA, located at
Route 376, New Hackensack Plaza in the Town of Wappinger.
MR. MILLS moved to accept the Notice of Intent from Mr. Cardoso
for Mamma Mia's Pizzeria and place on file with no comment.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The following correspondence was received from Margaret E. Duke,
Regional Permit Administrator of the New York State Department
of Environmental Conservation, dated August 10, 1993, regarding
the publishing of the Notice of Complete Application for the
Tri -Municipal Sewer Treatment Plant:
Dear Supervisor Smith:
Pursuant to our telephone conversation of August 9, 1993, I
understand you are agreeable to publishing the enclosed Notice
of Complete Application for the Tri -Municipal Sewer Treatment.
Plant expansion in a local newspaper for the Department, since
the Sewer Commission as the applicant has not done so and is
reluctant to. This is to enable the public comment period to
proceed. The Department has already published the Notice in the
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Environmental Notice Bulletin.
Thank you for your cooperation in this matter.
S/ Margaret E. Duke
MRS. VISCONTI moved to accept the correspondence and place on
file.
Seconded by Mr. Mills
Motion Unanimously Carried
The next item was a list of the Current Base Proportions for the
Levy of Taxes against the 1993 roll for Homestead and
non -Homestead of Real Property Taxes from the New York State
Board of Equalization and Assessment, Albany, New York.
MR. MILLS moved to table for a Work Shop scheduled for September
13, 1993.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Next on the Agenda are two Requests for the Return of Escrow
IWr Funds from:
(1) Walter O'Dell, 16 Stonewall Drive, Wappingers Falls, New
York, 12590, for O'Donnell Development Corporation for Lot #15 -
Spring Terrace, Building Permit #93-26, Grid #6259-03-361041 for
a Driveway for $3,000.00.
(2) Levine, Hofstetter and Frangk, 316 Main Mall, Poughkeepsie,
New York, 12601 for Sterling Homes, Lot #11 - Woodland Court,
Building Permit #92-322, Grid #19-6157-03-306339, for Driveway
($2,000.00), Seeding ($1,500.00), and Grading (Swale)
($1,000.00), for a total of $4,500.00.
MRS. VISCONTI moved to approve the return of the escrow fees to
Walter O'Dell and Levine Hofstetter & Frangk, based on the fact
that all the paperwork is in order.
iimm
Seconded by Mr. Mills
Motion Unanimously Carried
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The next item is a request from Mr. Michael H. Suozzo, Walnut
Drive, R.D. #1, Box 179, Mahopac, New York, 10541, regarding the
Suozzo Subdivision, Moccasin View Road, requesting that the Town
take over a portion of Moccasin View Road, being the new
extension road and cul-de-sac located on the north -end of
Moccasin View Road. However, the Town Clerk, Elaine Snowden,
suggested that until the Town receives the Maintenance Bond of
$8,377.00, the Town would not be able to take over the Road.
MR. MILLS moved to table the matter until the Town receives the
Maintenance Bond of $8,377.00.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A memorandum was received from Michael Tremper, CAMO Pollution
Control, Inc. regarding Dirty Water Complaints at 14 Wildwood
Drive in the Town of Wappinger.
MR. MILLS moved to table for the Work Shop scheduled for
September 13, 1993.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Correspondence from Mr. Bruce Feron, Equity Realty & Management
Corporation was received regarding Hollowbrook Office Park in
the Town of Wappinger. Mr. Feron requests, because of heavy
evening traffic, that two street lights be installed on existing
poles on either side of the entrance way to Hollowbrook.
MRS. VISCONTI moved to authorize Supervisor Smith to write a
letter to Mr. Bruce Feron explaining that the Town of Wappinger
cannot install the lights because it is on private property in
the Village of Wappingers Falls and also on a County Road and is
neither legal nor an obligation of the Town of Wappinger.
Seconded by Mr. Mills
Motion Unanimously Carried
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Next is correspondence from Ronald B. Friedman, Consulting
Engineer, regarding the dangerous situation at the intersection
of All Angels Road with Kent Road and Cider Mill Loop.
MRS. VISCONTI moved to table the matter for a Work Shop which is
scheduled for September 13, 1993; and also authorization for
J. Paggi, Engineer to the Town, to obtain an expert opinion on
the intersection before the Work Shop convenes;
Seconded by Mr. Mills
Motion Unanimously Carried
The Supervisor then recognized Mr. Cauda. He expressed concern
over the dangerous intersection of Ketchamtown Road and Route
9D. His next-door neighbor was quite seriously injured there
the other day and feel there is a need for the State to
examine the intersection.
MRS. VISCONTI moved to authorize the Supervisor to write a
letter to the State advising them of the dangerous conditions on
Ketchamtown Road and Rt. 9D.
Seconded by Mr. Mills
Motion Unanimously Carried
Several reports were received from the Engineer to the Town, J.
Paggi: (1) Correspondence from Paggi & Martin regarding the Old
Troy road Realignment stating that the realignment will require
substantial cuts and regrading. A SEQR analysis should be
performed to assess the environmental impact the proposed
realignment may have on the area; and that the plans be turned
over to the new Town Planners, Mr. Dan Wery of Frederick P.
Clark Associates and let them do a long -form environmental
analysis.
i
SUPERVISOR SMITH moved to give the Old Troy Road plans to the
new Town Planners, Frederick P. Clark Associates.
Seconded by Mrs. Visconti
Motion Unanimously Carried
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(2) Correspondence was received regarding the SFR Project
No. 5306-02 / Tri -Municipal Plant Expansion. Mr. Paggi
explained that the Plant Expansion Project missed the originally
targeted Spring 1993 Pool, and since the necessary loan
application was not submitted by July 15, 1993, the project has
also missed the Fall 1993 Pool. For these reasons, EFC must
remove the project from the Federal Fiscal Year (FFY) 1993
Intended Use Plan (IUP), and re -target the project for the
Federal Fiscal Year 1994 Intended Use Plan.
MRS. VISCONTI moved to accept the correspondence and place on
file.
Seconded by Mr. Mills
Motion Unanimously Carried
(3) Correspondence regarding highway improvement, the
realignment of the intersection of Old State Road and Route 9D
to a right angle. He explained that due to an unacceptable SLSD
(Stop Line Sight Distance) of 490 feet, as stated by the New
York State Department of Transportation, the road cannot be
improved without major reconstruction to Route 9D.
MRS. VISCONTI moved to accept the correspondence and place on
file; and the authorization for J. Paggi to seek expert opinion
of the realignment of Old State Road and Route 9D in regards to
a possible solution.
Seconded by Mr. Mills
Motion Unanimously Carried
The above matter of the realignment of Old State Road and Route
9D will be scheduled for an Information Meeting to include the
local residents followed by a Work Shop which is scheduled for
September 13, 1993.
(4) Correspondence regarding the D-90 Drainage Project with
pictures attached. J. Paggi explained the two recently
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completed projects from the Drainage Bond issue.
One was the drainage and road construction for Russell Road.
The second was the stream lining and regrading project for a
section of the Rockingham Farms.
SUPERVISOR SMITH moved to accept the correspondence and place on
file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
(5) Correspondence regarding the Wappinger Sewer Transmission
Treatment Phase 3A. Mr. Paggi stated that his office is
currently preparing the Map, Plan and Report for Phase 3A and
recommends that the Town Board send a letter to the Tri -
Municipal Sewer Commission asking them for a Map, Plan and
Report for Phase 3A of the Wappinger Sewer Transmission/
Treatment Improvement Area as they are nearing completion.
MRS. VISCONTI moved to authorize the Supervisor to send a letter
to the Tri -Municipal Sewer Commission asking them for a Map,
Plan and Report for Phase 3A of the Wappinger Sewer
Transmission/Treatment Improvement Area.
Seconded by Mr. Mills
Motion Unanimously Carried
(6) The last correspondence from J. Paggi are two letters: (1)
regarding a change order (Change Order #1) in the pipe
specifications used in the Wappinger Sewer Transmission/
Treatment Area Phase 1 - Contract No. 1 SRF Project
No. 5306-01, Job No. 89-077/1.1. Pillari Brothers Contracting
Co., Inc., will be using 30' VYLON H. C. PVC pipe in lieu of 30'
HOBAS pipe thereby saving the Town $10,000.00; and (2)
regarding an uncharted storm drain while excavating for the
Wappinger Sewer Transmission/Treatment Improvement Area Phase 1,
Contract No. 2 - Gals, Inc. The unmapped storm drain and storm
drain structure was encountered on Myers Corners in the vicinity
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of its intersection with Losee Road. The location of these two
items interfered with the installation of the trunk line for the
project. An alternative type design was used after being
approved by Joe Grogan and Tim Grimont of the Dutchess
Department of Public Works. Due to the existence of this
uncharted drainage pipe and structure, there was additional work
required to be performed to execute this contract by Gals. Mr.
Paggi further remarked that the cost would not be a large
amount, it is just a matter of a change order.
MRS. VISCONTI moved to accept the correspondence and place it on
file.
Seconded by Mr. Mills
Motion Unanimously Carried
The following Purchase Orders were submitted for approval by Mr.
Ralph Holt, Chairman of the Recreation Department: (1) Electric
Cable at Robinson Lane for $520.00; (2) Bus Transportation for
Summer Program for $3,500.00; (3) Construction of a Storage
rr
Building at Montfort Road for $6,000.00.
MR. MILLS moved to approve all the above Purchase Orders.
Seconded by Mrs. Visconti
Motion Unanimously Carried
An additional Purchase Order was submitted by Ralph Holt,
Chairman of the Recreation Department for $7,000.00 to be taken
out of Parkland Funds for the completion of all the work needed
to make Airport Park available in 1994.
MRS. VISCONTI moved to approve the above stated Purchase Order.
Seconded by Mr. Mills
Motion Unanimously Carried
The next item on the agenda is correspondence from the
Recreation Department and D. O'Connor, Dutchess County
Department of Health, regarding a new well at Castle Point
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Playground - River Road South, Chelsea.
MRS. VISCONTI moved to allow the Recreation Department to apply
for the Well Permit from the Dutchess County Health Department.
Seconded by Mr. Mills
Motion Unanimously Carried
Correspondence was received from Mr. Herbert Levenson, Zoning
Administrator, requesting permission for himself, members of the
Planning Board and members of the Zoning Board of Appeals to
attend the New York Planning Federation Institute Conference to
be held at the Nevelle Country Club at Ellenville, New York from
October 17th to 20th, 1993.
MRS. VISCONTI moved to approve the request from H. Levenson,
Zoning Administrator to attend the Conference along with members
of both the Planning Board and the Zoning Board of Appeals,
whose legitimate expenses be Town Charges.
Seconded by Mr. Mills
Motion Unanimously Carried
Supervisor Smith remarked that she would be going up to the
Conference also to install Mr. Levenson as the Newly Elected
President. The audience applauded Mr. Levenson.
The next item is a letter from Katherine Bahnsen supporting the
Town's decision to form a recycling partnership with Marcal
Paper to recycle magazines, glossy advertisements and "junk
mail", etc.
MRS. VISCONTI moved to accept the correspondence and place on
file.
Seconded by Mr. Mills
Motion Unanimously Carried
Supervisor Smith stated that OSHA requires that the Town of
Wappinger's Disaster Plan must be amended to include a Route of
Hazardous Material. She would like to schedule a Special Town
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Board Meeting to be held on September 13, 1993, at 6:55 P.M
immediately before the Work Shop Meeting on the same date.
As we have done before, we have a sample Disaster Plan from
Dutchess County to follow which was forwarded to Mark Lieberman,
Fire Inspector, to take care of with the Fire Bureau. We must
have in place, a Route for Hazardous Material through the Town
of Wappinger (i.e., Rt. 9, 9D or Rt. 376). Even though they are
County Roads, they are located in the Town of Wappinger and the
State of New York states we must also have a plan.
COMMITTEE REPORTS
There were no reports from any of the Board members.
BONDS & LETTERS OF CREDIT
Mr. Levenson submitted his monthly report on the schedule of
Bonds and Letters of Credits for the various subdivisions, the
amounts, expiration date and call up date.
MRS. VISCONTI moved to accept Mr. Levenson's report and place it
on file.
Seconded by Mr. Mills
Motion Unanimously Carried
Mr. Levenson submitted Letters of Credit for Alpine Company of
Poughkeepsie - L/C #H307626 - Marine Midland Bank of New York,
in the amount of Five Hundred Thousand dollars ($500,000); and
Lands of Jordan - Richard G. Barger of Beacon, New York - L/C
#9081, in the amount of One Hundred Eighty-one dollars ($52,181)
for their approval.
MRS. VISCONTI moved to approve the Letters of Credit from Alpine
Company of Poughkeepsie in the amount of $500,000.00; and also
for Lands of Jordan in the amount of $52,181.00.
Seconded by Mr. Mills J,
Motion Unanimously Carried
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RESOLUTIONS
A proposed Agreement for Recycling Magazines, etc. between the
Town of Wappinger and Marcal Paper Mills, Inc., One Market
Street, Elmwood Park, New Jersey, 07407, was placed before the
Board for their consideration.
MR. MILLS moved to accept the Agreement and Authorize the
Supervisor to sign the agreement with Marcal Paper Mills.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A G R E E M E N T
Made the 27th day of July, 1993, between the Generator being
Town of Wappinger, located at 20 Middlebush Rd., Wappinger
Falls, County of Dutchess, and State of New York, herein
designated as Generator and/or the Licensee: and MARCAL PAPER
MILLS, INC., a corporation existing under and by virtue of the
laws of the State of New Jersey, having its principal office at
One Market Street, Borough of Elmwood Park, County of Bergen and
State of New Jersey, herein designated as Marcal, and/or the
Licenser,
WHEREAS, Generator and Marcal are desirous of entering into
this License Agreement so as to encourage the removal of certain
materials from the solid waste stream and thereby decreasing the
flow of solid waste to sanitary landfill facilities, to aid in
the recovery of valuable resources, to conserve energy in the
manufacturing process, and to increase the supply of reusable
raw material for industrial use; and
WHEREAS, Generator desires the license and/or privilege of
delivering post -consumer material from the solid waste stream,
to Marcal for the purpose of recycling same for Marcal's use;
and
WHEREAS, Marcal is desirous of giving the Generator the
full, free and uninterrupted right to deliver all post -consumer
material from the solid waste stream to Marcal for the purpose
of recycling same for Marcal's use;
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and conditions hereinafter set forth, it is
understood and agreed as follows:
FIRST: Definitions:
(a) Baled post -consumer material means materials which are re
bound and/or wrapped.
(b) Post -consumer material means all weekly or monthly
post -consumer magazines, glossy newspaper inserts, office
paper (including fax paper, photocopy paper, white ledger,
color ledger, NCR paper, envelopes) computer paper, junk
mail (including catalogs, coupons, sweepstake entries and
envelopes with or without windows), school paper (including
notebook paper, construction paper and soft covered work
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books), real estate books and white paged telephone books.
The following are specifically excluded from the definition of
post -consumer material (hereinafter referred to as excluded
material): newspapers, cardboard, cereal/pasta boxes, paper
back books (pocket books), carbon paper, hard covered books,
express delivery envelopes, yellow paged telephone books, blue
prints and plastic and brown bags.
(c) Solid waste stream means all residential, commercial and
institutional solid waste generated within the boundaries of
a certain municipality/county.
(d) Recycling means any process by which material which would
otherwise become solid waste are collected, separated or
processed and returned to the economic mainstream in the
form of raw materials or products.
SECOND: Packaging of the loose post consumer material: Loose
post consumer material must be delivered to Marcal in roll -off
containers, garbage compactors or dump trucks.
THIRD: Location of delivery: The Generator must collect a
minimum of 28 tons per month of loose paper in Marcal's 40 yard
roll off recycling bin. On verbal instruction from the
Generator, Marcal agrees to pull the full 40 yard container and
replace it with an empty container of equivalent size. Marcal
requires a minimum of three working days notice to pull and
replace the container.
FOURTH: Tonnage: The quantity of material that Marcal will
accept during the duration of this License Agreement has no
limits, except as noted above.
FIFTH: Charges: Marcal will charge to the Generator $15 per
ton for the transportation and/or receipt of the material to
Marcal. Loads less than fourteen (14) tons will be surcharged
$30 per ton for each ton below 14 tons.
SIXTH: Quality of the Post -Consumer Material: Should the
Generator deliver loads which have traces of contaminants,
Marcal shall send written notice to the Generator to produce
clean loads within 30 days or face termination of this
agreement. Marcal reserves the right to reject shipments which
are heavily contaminated with excluded material and the
Generator shall be responsible for the removal of said load.
SEVENTH: Termination: The License or privilege hereby given
may be revoked, canceled and terminated at any time by either
party giving the other party thirty (30) days notice, in
writing, to that effect.
EIGHTH: Assignment: The License Agreement may not be assigned
by the Generator.
NINTH: Strict Performance: Failure of Marcal to insist upon
strict performance of any of the conditions of the within
License Agreement shall not be construed as a waiver of
relinquishment in the future of any of said conditions, but the
same shall remain in full force and effect.
TENTH: Binding Effect: The License Agreement shall be binding
upon and insure for the benefit of the parties, their agents,
servants, representatives, employees, successors and assigns.
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bi
ELEVENTH: Interpretation: Should for any reason, any term,
condition or provision of the License Agreement be determined by
a court of any agency having competent jurisdiction to be void,
voidable or the like, then an in such event this License
Agreement shall be construed and considered as though such term
or condition or provision has not been written into this License
Agreement in the first instance and the remaining terms,
conditions and provisions shall stand as though they had
constituted the whole of the original License Agreement without
the voided term, condition or provision, or any part thereof.
TWELFTH: Entire Agreement: This License Agreement, contains
the entire agreement between the parties with respect to the
transaction contemplated herein. It may be executed in any
number of counterparts, each and all of which shall be deemed
for all purposes to be one agreement. This agreement may not be
changed, altered or terminated, except in writing signed by the
parties hereto.
THIRTEENTH: Notices: All notices to be given hereunder shall
be given in writing and shall be delivered personally or by
registered or certified mail, or Federal Express, postage
prepaid as follows:
a) If to Marcal, One Market Street, Elmwood Park, NJ 07407
Attention: Mr. Nicholas R. Marcalus, President
b) If to Generator, Town of Wappinger, 20 Middlebush Rd.,
Wappinger Falls, NY 12590-0325, Attention: Ms. Constance
Smith, Supervisor
FOURTEENTH: Construction: Word used in the singular shall
include words in the plural, where the text of the within
license so requires.
FIFTEENTH: Force Majeure: Except as otherwise specifically
provided in this License Agreement, no failure of, or delay in,
performance by either party shall constitute default hereunder
or give rise to any claims for damages if, and to the extent,
such failure or delay is caused by any one or more of the
following:
a) an occurrence beyond the reasonable control of the party
effected;
b) Acts of God, fires, or flood;
c) Acts of the public enemy;
d) Acts of any governmental authorities;
e) Expropriation or confiscation of facilities of Marcal;
f) Compliance with any law or regulation or the order of
any court or governmental authority;
g) Acts of war, rebellion, or sabotage, riots, civil
disorders, explosion;
h) Strikes and/or labor disputes.
SIXTEENTH: Damages and Injuries: In no event shall Marcal be
liable for contingent or consequential damages or expenses
including injury to employees, agents, servants or
representatives of the Generator or to others in connection with
the delivery and/or receipt of the post -consumer material. The
Generator will be responsible for damages to the Marcal roll -off
containers while it is located on the Generator's site.
SEVENTEENTH: Priority: This License Agreement supersedes any
previous agreements whether oral or written, if any, between the
parties hereto regarding recycling of post -consumer material.
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EIGHTEENTH: Length of License Agreement: This License
Agreement shall be binding for the term of one ,year. At the end
of said term, the Generator has the option to extend this
agreement by entering into an extension agreement with Marcal.
A Budget Amendment Request for transfer of Funds was received
from the Town Comptroller, Ann E. Buckley. They are as follows:
GENERAL FUND TOWN WIDE (A) FUND
Revenue Account 2001A Increase 757.98 Recreation Fees
Expend. Acct. 7110.2A Increase 757.98 Parks/Equip.
Reclassify Budget Line Items
Expend. Acct. 1620.23A Increase 1,440.00 Voting Machine
Approp.Fund Bal. 599A Increase 1,440.00 Approp.Fund Bal
Adjust Budget Line Items - Voting Machine Expansion
MRS. VISCONTI moved to authorize the transfer of funds as
requested by Ann Buckley, Town Comptroller.
Seconded by Mr. Mills
Motion Unanimously Carried
A Public Hearing having been held on a proposed Local Law for
Regulating Traffic and Parking within the Town of Wappinger on
August 23, 1993, the matter of adoption was placed before the
Town Board for their consideration.
MR. MILLS moved to adopt Local Law #4 of 1993 as follows:
A LOCAL LAW AMENDING LOCAL LAW #6
OF THE YEAR 1991 AND LOCAL LAW #7
OF THE YEAR 1992 REGULATING TRAFFIC
AND PARKING WITHIN THE TOWN OF WAPPINGER
BE IT ENACTED by the Town Board of the Town of Wappingers,
Dutchess County, State of New York as follows:
Section 1. Additional Full Stop Streets.
Section 3 of Local Law #6 of the Year 1991, a "Local Law
Regulating Traffic and Parking Within the Town of Wappinger" as
amended by Local Law #7 of 1992, is further amended by the
adoption of the following additions, revisions and amendments to
said Section by adding the following as designated full stop
streets and intersections:
South Court at its intersection with Hackensack Heights;
Harbor Hill Road at its intersection with Hackensack
Heights;
Page 14
930823.RGM
\ L'�
Woodland Court at its intersection with Ketchamtown Road.
Section 2. Ratification.
Except as specifically modified and amended by the adoption of
the additions, revisions, modifications and amendments set forth
above, Local Law #6 of the Year 1991, A Local Law Regulating
Traffic and Parking Within the Town of Wappinger," as amended by
Local Law #7 of the Year 1992 is hereby ratified, confirmed and
readopted.
Section 3. Severability.
In the event any portion of this Local Law is declared to be
unenforceable by a Court of competent jurisdiction, all of the
remaining portions shall continue in full force and effect.
Section 4. Effective Date.
This Local Law shall take effect immediately upon adoption
and filing with the Secretary of State as provided by the
Municipal Home Rule Law.
Seconded by Councilwoman Visconti
Roll Call Vote: 3 Ayes Mr. Wallace - Absent
Mr. Valdati - Absent
A Public Hearing having been held on a proposed Local Law
Relating to the Control, Confining, and Leashing of Dogs within
the Town of Wappinger on August 23, 1993, the matter of its
adoption was placed before the Town Board for their
consideration.
MRS. VISCONTI moved to adopt Local Law #5 of 1993 as follows:
A LOCAL LAW AMENDING LOCAL LAW #3
OF THE YEAR 1980 AND LOCAL LAW #2 OF 1982
RELATING TO THE CONTROL, CONFINING AND LEASHING OF DOGS
BE IT ENACTED by the Town Board of the Town of Wappingers,
Dutchess County, State of New York as follows:
Section 1. - Amended Fees
Section 8 (b) of the Local Law #3 of 1980, entitled Redemption
Fees" as amended by Local Law #2 of 1982 is further amended to
read as follows:
"Section 8. Redemption.
(b) Redemption fees - at any time during the period of
redemption, the owner of any dog seized may redeem such dog
provided that such owner produces proof that the dog has been
licensed and has been identified and provided further that the
owner pays the following redemption fees:
Page 15
n�
930823.RGM
NUMBER OF TIMES IMPOUNDED
First
REDEMPTION FEE
$25.00 plus all costs for
care and boarding incurred
by the Town
Second, within 1 year of $50.00 plus all costs for
first impounded care and boarding incurred
by the Town
Third or more within 1 $75.00 plus all costs for
year of first impoundment care and boarding
incurred by the Town
Section 2. Ratification.
Except as specifically modified and amended by the adoption
of this Local Law, the Local Law "Relating to the Control,
Confining, and Leashing of Dogs," adopted as Local Law #3 of
1980 and amended by Local Law #2 of 1982 is hereby ratified,
confirmed and readopted.
Section 3. Severability.
In the event any portion of this Local Law is declared to be
unenforceable by a Court of competent jurisdiction, all of the
remaining portions shall continue in full force and effect.
Section 4. Effective Date.
This Local Law shall take effect immediately upon adoption
and filing with the Secretary of State as provided by the
Municipal Home Rule Law.
Seconded by Councilman Mills
Roll Call Vote: 3 Ayes Mr. Wallace - Absent
Mr. Valdati - Absent
Next is the request from Emanuel F. Saris, Tax Review
Certiorari, to settle on the Order and Adjudged and Stipulation
of the tax review on the Dinolfo-Wilson Agency, Inc.
MRS. VISCONTI moved to authorize E. Saris, Tax Review
Certiorari, to move forward with the stipulation and the
agreement based upon his recommendation.
Seconded by Mr. Mills
Motion Unanimously Carried
Lastly, correspondence was received from Patricia Long Grega,
Timekeeper of Dutchess County Public Works / Highway System
Management Division. At this time it is necessary for the Town
to renew the Agreement between the Town and the County for the
Page 16
930823.RGM
i'li
rental of equipment for the control of snow and ice on County
Roads for the 1993-1994 season. The following Resolution was
presented to the Board for their consideration.
Supervisor Smith Introduced the following Resolution and moved
its adoption:
RESOLUTION
WHEREAS, the Town Superintendent of Highways has been
requested by the County of Dutchess to participate in the
regional County Highway Snow and Ice Control Program within the
boundaries of the Town, and
WHEREAS, and logically, an earlier or sooner response factor
can be provided by Town units and personnel within the locale
thereby benefiting the overall safety and welfare of town
residents and local community interest, and
WHEREAS, such participation by the Town in removing snow
from designated County Highways, and by sanding and salting or
otherwise treating them for the purpose of maintaining highway
safety and accessibility for emergency services, is specifically
authorized by Article 6, Section 135 of the New York State
Highway Law, now, therefore, be it
RESOLVED, that the Town Highway Superintendent be and is
herein authorized to perform such work as is found necessary, at
hourly rates as agreed upon by the Town and the County for the
renting and hiring of such equipment for the Winter season
6M 1993-1994.
Seconded by Councilman Mills
UNFINISHED BUSINESS
Motion Unanimously Carried
Mr. Mills remarked about the pile up of dirt by B&D and Sunup on
New Hackensack Road and St. Nicholas. He would like a
resolution to the situation; that perhaps there is some type of
site violation here. Supervisor Smith stated that there
was no violation.
Mr. Mills also remarked about a basket -ball court at Wildwood
Manor where youths are still playing into the night keeping the
neighbors awake. Herb Levenson, Zoning Administrator, stated
that he will send a letter tomorrow to have it removed.
Mrs. Visconti remarked that Robinson Lane Bridge is moving right
along and should be opened by Labor Day.
Page 17
930823.RGM
NEW BUSINESS
Mr. Mills asked about possibly networking all the Town Hall's
computers in order to have electronic mail. He further remarked
about possibly looking into installing certain software programs
(ie., Intel), specifically forms so that there would be some
consistency in the Monthly Reports instead of the usual
typewritten reports which all are different and sometimes
confusing. He stated that he would like to look into the cost
for future concerns and that he has already made inquiries to
Intel.
Supervisor Smith stated that nothing could be purchased this
year, but the Town could look into the matter for future needs.
There was no further business to come before the Board.
MRS. VISCONTI moved to adjourn the Town Board Meeting, Seconded
by Mr. Mills and unanimously carried.
The Meeting adjourned at 8:26 P.M.
E aine Snowden
Town Clerk
I,,
Page 18
930823.PH
A Public Hearing was held by the Town Board of the Town of
Wappinger on August 23, 1993, at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York, on a Proposed Local Law
Amending Local Law #6 of 1991 and Local Law #7 of 1992,
Regulating Traffic and Parking within the Town of Wappinger by
adding designated full stop streets and intersections: South
Court at its intersection with Hackensack Heights; Harbor Hill
Road at its intersection with Hackensack Heights; and Woodland
Court at its intersection with Ketchamtown Road.
Supervisor Smith opened the Meeting at 6:45 P.M.
Present:
Constance O. Smith, Supervisor
James Mills, Councilman
June Visconti, Councilwoman
Absent:
Robert Wallace, Councilman
Robert Valdati, Councilman
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of this
Meeting).
There were no comments or questions from the audience in
reference to the proposed Local Law.
MRS. VISCONTI moved to close the Public Hearing, seconded by Mr.
Mills and unanimously carried.
The Hearing closed at 6:47 P.M.
Elaine H. Snowden
Town Clerk
it
i
I�
f
II
TOWN BOARD:
TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
i� IN THE MATTER
;
i OF
i!
NOTICE OF PUBLIC HEARING ON THE
PROPOSED LOCAL LAW AMENDING LOCAL
r LAW #6 AND LOCAL LAW #7 REGULATING
TRAFFIC AND PARKING IN THE TOWN OF
j WAPPINGER.
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
j That she is the duly elected, qualified and acting Town
I
j Clerk of the Town of Wappinger, County of Dutchess and State
of New York.
!i; That on August 11, 1993, your deponent posted a copy of the
attached notice of Public Hearing on the "Proposed Local Law
# of the year 1993 amending Local Law #6 of the year
1991 and Local Law #7 of the year 1992, a Local Law Regulating
Traffic and Parking Within the Town of Wappinger", on the
signboard maintained by your deponent in her office in the Town
Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers
I
Falls, Dutchess County, New York.
i;
Elaine H. Snowden
Town Clerk
Town of Wappinger
Q/ -
Sworn to before me this 1:)
j
day of �' ,�c �� , 1993.
i
;i
NOTARY PUBLIC
ii
JUNDA M. UUCCI
Notary Public fttefyPublic, state of New York
No. 2381720
C WMed In Dutchess County
Cofmml8ilon Expires 10131119-93
i
'i
Ij
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Joan Miller
............................. of the
Dutchess Count
NOTICE OF PUBLIC HEARING"' Town of Wappinger, y New York,
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN that bein dui says the Town Board of the Town of Wap being Y sworn, that he is, and at the several
pingger will conduct a PUBLIC HEAR-
ING
EAR
INGonthe23rddayofAugust,1993,times hereinafter was, the ., Bookkeeper
at 6:45 p.m. at the Town Hall, Town ..........:.......... .
of Wappinger, 20 Middlebush Road,
Wappingers Falls, New.York, at of the SOUTHERN DUTCHESS NEWS, a
which time all parties in Interest and
citizens shall have an opportunity to
be heard as to whether the Town
Board of the Town' of Wappinger. newspaper printed and published every Wednesday
B
shall adopt proposed Local Law
8 I of the Year 1993 amending
Local Law a6 of the Year 1991 and in the Town of Wappinger, Dutchess County, New
Local Law M7 of the Year 1992, a
"Local Law Regulating Traffic and
arking Within the Town of Wag,York, and that the annexed NOTICE was duly
,
P
Inger"by'designating additional l
stop streets and intersections at the
tonowing locations: .:�-'- " , published in the said newspaper for ,one .weeks
South Court at its Intersection with
HackensackHeights;
Harbor Hill Road at itsintersectioh successively in each week, commencing on the
with Hackensack Heights; and 1 t11
Woodland Court at Its intersection
with Ketchamtown Road: ........... day of . ug • ..... 101 3. and on the
PLEASE TAKE FURTHER
NOTICE that copies of the said Local
Law No. i of 1993 are available following dates thereafter, namely on
for review and Inspection at the of-
fice of the Town Clerk on weekdays
from 8:30 a.m. to 4:00 p.m at Town............................................................... .
Hall, 20 Middlebush Road, Wapp-
fingers Falls. New York. lltll
-- - and ending on the .............. day of ...Aua,....
PLEASE TAKE FURTHER
NOTICE that the Town. Board has 19.9 3 both days inclusive.
Issued a Negative Determination of y
Significance for the project.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
ELAINE SNOWDEN,
TOWN CLERK L G
DATED: AUGUST 5, 1993
Subscribed and sworn to before me
this 11th day of ... August 1993
..... . de. K.
Notary Public
My commission expires .................................
Rncr:::. 1„l i SHRnT
NOTARY PU^LIC,
;; kK
QUALIF171 M Ctf, ,ESS GU i:VI'Y
# 14-41355902
MMISfi1ON EXPIRES NARCH 31, 11L t
930823A.PH
A Public Hearing was held by the Town Board of the Town of
Wappinger on August 23, 1993, at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York, on the proposed Local Law
Amending Local Law #3 of the Year 1980 and Local Law #2 of the
Year 1982 Relating to the Control, Confining, and Leashing of
Dogs.
Supervisor Smith opened the Meeting at 6:54 P.M.
Present:
Constance O. Smith, Supervisor
James Mills, Councilman
June Visconti, Councilwoman
Absent:
Robert Wallace, Councilman
Robert Valdati, Councilman
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of this
Meeting).
Supervisor Smith asked if there were any comments or questions
from the audience relating to the increase in Dog Fees. There
were no questions or comments from the audience.
MR. MILLS moved to close the Public Hearing, seconded by Mrs.
Visconti and unanimously carried.
The Hearing closed at 6:55 P.M.
E(eine H. Snowden
Town Clerk
;i
I�
li TOWN BOARD:
TOWN OF WAPPINGER
'i DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON THE
PROPOSED LOCAL LAW AMENDING LOCAL
LAW #3 AND LOCAL LAW #2, RELATING
TO THE CONTROL, CONFINING AND
LEASHING OF DOGS IN THE TOWN OF
WAPPINGER.
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting Town
I�
Clerk of the Town of Wappinger, County of Dutchess and State
of New York.
That on August 11, 1993, your deponent posted a copy of the
attached notice of Public Hearing on the "Proposed Local Law
# of the year 1993 amending Local Law #3 of the year
1980 and Local Law #2 of the year 1982, Relating to the
i
Control, Confining and Leashing of Dogs in the Town of
Wappinger, by increasing the redemption fees for dogs impounded
by the Town's Dog Control Officer", on the signboard maintained
by your deponent in her office in the Town Hall of the Town of
Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess
County, New York.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this 3
it day of /�c �� , 1993.
It/_i ir��YC%a "/7
i
NOTARY PUBLIC
Notary Public
.LINDA M. LIUCCI
Notary Public, state of NOW YO*
No. 2381720
Qualified In Dutchess County
Commisslon Expires 10/31/19„ 3
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Joan Miller
........................................................ of the
NOTICE OF PUBLIC HEARING Town of Wappinger, Dutchess County, New York,
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN that
the Town Board of the Town of Wap- being duly sworn, says that he is, and at the several
pinger will conduct a Public Hearing
on the 23rd day of August, 1993; at Bookkeeper
8:55 p.m. at the Town Hall, Town of times hereinafter was, the ..................:.......... .
Wappinger, 20 Middlebush Road,
Wapppingers Falls, New York, at
which time, a 11 parties in interest and of the SOUTHERN DUTCHESS NEWS, a
citizens shall have an opportunity to
be heard as to whether the Town
BoarQ-of the Town.,of.,Wappinger .
shall' adopt proposed '"Local Law newspaper printed and published every Wednesday
N of the Year 1993, A Local
Law amending Local Low #3 of 1980, in the Town of Wappinger, Dutchess County, New
and Local Law N2 of 1982, Relating
to the Control, Confining and
Leashing of Dogs" In the Town of York and that the annexed NOTICE was dui
Wappingat., by Increasing the ' y
redemption lees for dogs Impound-:
ed by the Town's +og ControlOile
Officer. published in the said newspaper for ..........weeks
PLEASE TAKE,, FURTHER
NOTICE that the Town Board has successively in each week commencing on the
determined that the proposed action
of increasing Redemptbn Fees is an 11th
exempt actiorrpursuant to Article 8 A
of the Environmental Conservation ........... day of ........0
g:........ 19 9 3. and on the
Law'and .the related,,tltle'6, part
61 no envCRRant anactionneed be following dates thereafter, namely on
no environmentaL•,studles need be e
undertaken.
PLEASE' TAKE `'FURTHER
NOTICEthat copies of the said Local .. • ......... • .... • • • ........... • .......................... • • • ... .
Lew'.#- of 1993 are available
.forreviewow inspection weekof-
days
and ending on the ....11th .. da of ...Auq,....
fits of the Town Clerk on weekdays g y
from 8:30 a.m. to 4:00 p.m., at Town
Hall, 20 Middlebush Road, Wapp- 93
ingers Falls, New York. 19..... both days inclusive.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
ELAINE SNOWDEN
TOWN CLERK
DATED: AUGUST 5,t... C..
Subscribed and swo�i!i to before me
this .. 11th day of %, ugust ,1 3
Notary Public
My commission expires .................................
RACHEL WISHART
NOTARY PUBLIC. STATE OF NEW YORK
OUALIFiC-D IN DUTCHESS COUNTY
0 14-4855902
0MMISSION EXPIRES MARCH 31, t