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1992-05-26 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 26, 1992 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes Reg. April 27,192 Special May 11, 192 4. REPORTS OF OFFICERS: T/Justices Rec. of Taxes Sup/Compt. Bldg. Insp. Zng. Adm. Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. NYSDEC Corr. Re: T/W Sewer Use Ordinance b. J. Paggi, Eng. to Twn., submittal of Map, Plan & Report for Oakwood Knolls W.D. Hydropneumatic Tank Replacement c. J. Paggi, Eng. to Twn., Reports: (1) CWWIA#1 Fairchile Site (2) Wapp. Sewer Transmission/Treatment improvement d. Contrail Associates of Wappinger submission of application for Rezoning parcel on Old State Rd. from PI to Highway Business e. Request by,Jas. Klein for return of Escrow for Lot 30, Nicole Farm Applebee's, Temp CO ($1500) & Consultant ($3620); D. Silvestri & Sons $7823.49 (withdrawal of Site Plan) f. G. Foster, H. Supt., Rockingham Drainage Easement g. Applications for Hawking & Peddling Licenses from: Tammy Fielding, Nicholas Minutolo, Paula Kessler, & Nancy Melara h. Notice of intent to apply for Liquor License from SHINE TONE, Inc. (Chinese Rest., Old Post Rd., Dynasty) i. Request from Shelsea Fire Co. re: naming Field at Castle Point Rec. Site, w/ recommendation from R. Holt, Rec. Ch. J. Report from H. Levenson, Zng. Adm., re: LoGuidice property site inspection - demolition of Swimming Pool k. Report from Starcom Associates, re: refund due Town on Phone Bill 1. NYSDEC Corr. re:Small Business Tree Planting Program funding 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT H. Levenson report 8. RESOLUTIONS a. Braker Demolition b. ORDER calling a Public Hearing for Increase & improvement of Facilities of the Oakwood Knolls W.D. c. Consider appointment of Zoning Ordinance Consultant 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: Public Hearing at 6:45 P.M. for Braker Demolition RM52692 The :Regular Meeting of the Town Board of the Town of Wappinger was held on May 26, 1992, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the Meeting at 7:07 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Robert Wallace, Councilman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of _%Ilegiance to the Flag at the commencement of the Meeting. The Minutes of the Regular Meeting of April 27, 1992 and. Special Meeting of May 11, 1992, having previously been forwarded to the Board Members, were placed before them for their consideration. Mrs. Visconti noted that on Pg. 5 of the Regular Meeting under Petitions and Communications, requests to hook into various Town sewer systems --Eugene Vest at 304 Cedar Hill Road must, have a valid building permit prior to December 28, 1989, not December 31, 1990; on Pg. 3 of the Special Meeting of May 11, 1992, the two residents who received permission to hook up to the Wappinger Sewer Improvement Area #1 were Nidia Valle, 7 Eck Road and Xnne-TMlari.e McCutcheon, 21.3 Cedar Hill Road. MRS. VISCONTI moved that the above stated Minutes be and the,,- are heyare hereby approved, as corrected, as submitted by the Town Clerk. Seconded by Mr. Valdati Motion Unanimously Carried Reports were received from the Town Justices, Receiver of Taxes, Supervisor/Comptroller, Building Inspector, Zoning Administrator and the Dog Control Officer for the month of April. RM52692 MRS. VISCONTI moved to accept the Reports received and place them on file. Seconded by Mr. Mills Motion Unanimously Carried Mrs. Smith noted that the Dog Control Officer has been in the hospital and the Custodian, Joel petrus, has been doing this ,job. She added that he is doing an exc�ellent job and resolving some of the problems that have existed tor months. He is receiving $10.00 per call which is the rate we have been paying. Mrs,. Smith added that he answered a call on Diddell Road on a dog and raccoon fighting and the dog owner tried to intervene. She did get ctat up, but. Mrs. Smith didn't: hear the outcome of the fight between the two animals. She mentioned that we hay°e had several rabid raccoons in the Town. PETITIONS & COMMUNICATIONS --- Correspondence was received from the New Yor1i State Department. of Conservation regarding the Town of 1,appinger Sewer Use Ordinance. Mr. Paggi noted that one change was made regarding the fine and he received a copy of their suggested model which he w 11 review and report back to the Board. The Ordinance has been accepted subject: to the one change; the suggestions are optional. MRS. VISCONTI moved to accept the cc)rrespor.dence and place it on file pending the Engineer's review. Seconded by Mr. Wallace 'lotion Unanimousl,- Carried The Engineer to the Town submitted the Map, Plan_ and Report for the Oakwood knolls Water District Hydropneumatic Tank Replacement which requires a Public. Hearing following Order for this purpose. R',152692 The Attorney prepared the In the Matter of The Increase and Improvement ORDER CALLING A of Facilities of the Oakwood PUBLIC HEARING Knolls Water District in the Town of Wappinger, Dutchess County, New York The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan report, and estimate of cost relating to the increase and improvement of the Oakwood Knolls Water District within said Town, consisting of the purchase and installation of a hyd.ropneumatic pressure tank, including incidental appurtenances and expenses in connection therewith, at a maximum estimated cost of $30,500; and WHEREAS, the aforesaid improvements have been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of the Oakwood Knolls Water District in the matter described above, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 22nd day of June, 1992, at 6:55 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of the Oakwood Knolls Water District within the Town of Wappinger, Dutchess County, New York in the manner described in the preambles hereof, and to hear all persons interested in. the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing herein- after provided to be published once in the Southern Dutchess News, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy thereof to be posted on the signboard of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the following form: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, will meet at the Town Hall, 20 Mid.dlebush Road, in Wappingers Falls, New York, in said Town, on the 22nd day of June, 1992, at 6:55 o'clock P.iv1. Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report including an estimate of costin relation to the proposed increase and improvement, of the facilities of the Oakwood Knolls Water District within the R.M52692 Town of Wappinger, Dut.chess County, New fork, consisting of the purchase and installation of a hydropneumatic pressure tank, including incidental appurtenances and expenses in conne,tion. therewith, at a maximum estimated cost of $30,500. The project has been determined to be a Type II Action for the purposes of the State Environmental Quality Review Act which, as proposed, the Town Board has determined will not result in any significant environmental effects. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Seconded by: Councilman Mills Roll Call Vote: 5 Ayes 0 Naps A report was received from the Engineer who had received notification from Camo Pollution Control that there was an apparent leak in the water line servicing the Fairchild site. It. is within the boundaries of their property and not under the jurisdiction of the Town. In order to protect the water supply of the Town and to facilitate the repair of the leak, the Town has closed the water main at the backflow preventor on the Town easement. He mentioned that it has never been defined who was to maintain and service this device and recommended that the Town take over this responsibility as it: would be in their best interest, to insure proper operation of the device. Mrs. Smith asked the Engineer if this meant that when the New Hackensack Fire Company has their annual. Bavarian Fest, they won't be able to get a water supply; the Engineer answered yes, that would be the situation. The dates for the Fest are june 12, 13 and 14 so that does not give them much time to push for the repair of the leak at Fairchild. Questions were raised regarding possible pollution and what effect this leak would have on the surrounding area.; Mr. Paggi explained that the line in question was a dead end since 1986 due to the Town's request, backed up by the Department of Health, that a backflow preventor be placed on that: line; it was funded by Fairchild, it is below the Town ease- ment and was dedicated to the Town in 1987. This protects the Town residents from any contamination coming back to the main line. RM52692 1 q % MR. MILLS moved to authorize the Attorney and Engineer to the Town and Camo Pollution Control to draft a letter to the owners of the Fairchild property requesting that they repair the leak in the water line that services the site, and authorize Camo Pollution Control to provide certification of the backflow preventor on a yearly basis. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence was received from the Engineer, dated May 15, 1992 re Wappinger Sewer Transmission/Treatment Improvement. He pointed out that this was reviewed at their last work shop and asked that they further review its contents in conjunction with another letter dated May 26, 1992 which they should receive tomorrow. After review, they should contact him with any comments and/or questions on the subject matter. The following Resolution was moved by COUNCILWOMAN VISCONTI and seconded by Councilman Valdati WHEREAS, the Town Board, by resolution adopted on the 27th day of January, 1992, requested the New York State Legislature to authorize, by special legislation, an easement for the construction of a sewer trunk line through Reese Park, in accordance with a survey map prepared by Paggi and Martin, entitled "Proposed Easement, Reese Park, Wappinger Sewer Transmission/Treatment Improvement" dated May 31, 1991 and last revised on January 8, 1992; and WHEREAS, the resolution adopted January 27, 1992 was amended by resolution dated March 23, 1992, which resolution authorized a Grant of Easement to the Town of Poughkeepsie and the Village of Wappingers Falls on behalf of the Tri -Municipal Sewer Commission so that the Tri -Municipal Sewer Commission could construct a portion of the sewer trunk line and necessary appurtenances through Reese Park as well as conduct appropriate test borings; and WHEREAS, the engineers to Tri -Municipal Sewer Commission., in consequence of their studies and engineering investigations, have requested that revisions be made to the easement areas to be located through Reese Park, as more particularly set forth on. a survey map prepared by Paggi and Martin, entitled "Proposed Easement, Reese Park, Wappinger Sewer Transmission/Treatment Improvement" dated May 31, 1991, last revised May 22, 1992; and WHEREAS, the New York State legislature must authorize the grant of easement to the Town of Poughkeepsie and the Village of Wappingers Falls on behalf of the Tri -Municipal Sewer Commission; and WHEREAS, the New York State Legislature also proposes to authorize the easement to be used by the Town of Wappinger on behalf of the Wappinger Sewer Transmission/Treatment Improvement RM52692 also as set forth on the above referenced.. map. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS; 1. The Town Board hereby amends its resolutions of January 27, 1992 and March 23, 1992 by revising the easements t.o be granted to the Town of Poughkeepsie and the Village of Wappingers Falls on behalf of the Tri-Municip:l Sewer Commission and the Town on behalf of the Wappinger. Se;.�er Transmissicn/Treatment. Improvement for the construction, installation, and maintenance of a sewer trunk line and appurtenances including underground surge tanks, through Reese Park, as more particularly sett forth on a certain survey- map prepared by Paggi and Marlin, entitled "Proposed Easement, Reeser Park, Wappinger Sewer Transmission/ Treatment Improvement" dated May 31, 1991, and last rev s:>d or May 22, 1992. A copy of the metes and bounds decr--iption of the revised easement is attached heretc:a, marked and designated Exhibit "A" 2. The Town Board further requests that the `:et> York State Legislature adopt appropriate legi.slati.on to permit the Town to grant the subject easements to the Town of Poughkeepsie and Village of Wappingers Falls o?z tehalf of the Tri -Municipal Sewer Commission and the Town of Wappinger ::n behalf of the i,appinger Sewer Transmission/Treatment Improvement as set forth on the above referenced map. 3. The Town Board further directs and authorizes Constance 0. Smith, Supervisor, and Elaine Snowden, Town Clerk, to execute ail documents necessary to effectuate the intent of resolution and to forward a copy of same to the Nei,: Fork State Senate and the New,rork State Assembly. 4. Upon receipt of the appropriate legislation, C'onstanc- 0. Smith, Supervisor, is hereby authorized to execute tyrants of Easement in favor of the Town of Poughkeepsie and `.7iliage of Wappingers Falls on behalf of the Tri -Municipal Sewer Cor. -mission and to the Town of Wappinger on bthal.f of the Wappinger Sewer Transmission/Treatment Improvemen': ii,, the form previously approved by this Board. Roll Call Vote: 5 Ayes 0 Naas Resolution Duly Adopted SCHEDULE "A" From: Town of Wappinger ("Reese Park") Permanent Easement ��o.i of 2, 0.296+ Acre Parcel To: Wappinger Sewer 'T'ransmission/ Town of Wappinger Treatment Improvement Area Dutchess t_cuntr, N.Y. Beginning at a point, said point, tieing on the northerly line of lands now or formerly Reese, Liber 1233, Page 817 and sa-'d point being distant, South 43o 33' 10" East 1310.68 feet anti South 45o 20'40" East 297.53 feet from the northwest, corner- of lards now or formerly Town, of Wappinger, I_ik,er 112, Page 12, also known as "Reese Park"; thence leaving said point of beginning and northerly line of Reese and running through "Reese Park" tht: follcr,:irg courses and distances: North 0`o :32'10" West 26.05 feet, North 43o 08' 00" West 181.10 feet, NOrt,h 050 37' 40" East 212.05 feet North 72o 51' 20" East 30.62, South 05o 37' 40" gest 192.31 feet, South 43o 08' 00" East 178.90 feet and South 010 32' 10" Fast 68.73 feet: to a point being on the no,therly line c.f said Reese; thence running along said northerly line, North 150 20" 40" West 43.34 feet to the point of beginning containing 0.296+ ac. -es of land. RM52692 From: Town of Wappinger (Reese Park) Permanent Easement. No.2 of 2, 7.899+ Acre Parcel To: Wappinger Sewer Transmission/ Town of Wappinger Treatment Improvement Area Dutchess County, New York Tri -Municipal Sewer Commission Beginning at a point, said point, being at the northwest corner of lands now or formerly Village of Wappingers Falls and the northeast corner of lands of the Town of Wappinger also known as "Reese Park", Liber 412, Page 12, said. common corner being on the easterly line of Creek Road; thence leaving said common corner and said easterly road line and running along the southerly line of said Village of Wappingers Falls the following courses and distances: South 620 38' 10" East 48.57 feet, South 330 52' 00" East 95.03 feet, South 760 21' 20" East 90.85 feet., South 510 16' 20" East 98.40 feet, South 230 52' 50" East 42.15 feet, South 240 41' 50" East 285.98 feet, South 750 03' 40" West 11.70 feet and South 380 35' 20" East 205.02 feet; thence leaving said southerly line of the Village of Wappingers Falls, and running through said lands of the Town of Wappinger (Reese Park), the following courses and distances: South 370 16' 10" East 127.75 feet, South 130 55' 50" East 155.98 feet, South 120 10' 20" West 203.18 feet, North 720 51' 20" West 30.62 feet, North 310 31' 20" West 213.05 feet, North 00o 07' 40" West 164.85 feet North 100 25' 20" West 94.11 feet, South 790 34' 40" West 125.00 feet, North 100 25'20" West 305.00 feet, North 790 34' 40" East 125.00 feet, North 100 25' 20" West 176.00 feet, North 120 19' 550" West 170.55 feet, North 170 09' 10" West 102.75 feet, North 23o 15' 50" West 56.1i feet, North 38o 28' 10" West 184.56 feet and North 470 30' 50" West 51.37 feet, to a point being at the northeast corner of lands now or formerly Lupparelli, said point also being on the afore- mentioned easterly line of Creek Road; thence leaving said northeasterly corner and running along the easterly line of said road, North 340 05' 20" Eat 131.38 feet to the point of beginning: containing 7.899+ acres of land. From: Town of Wappinger (Reese Park) Temporary Easement. No. 1 of 1, 0.097+ Acre Parol To: Wappinger Sewer Transmission/ Town of Wappinger Treatment Improvement Area Beginning at point, said point being on the northerly line of lands now or formerly Reese, Liber 1233, Page 817 and said point being distant, South 430 33' 10" East 1310.68 feet and South 450 20' 40" East 283.08 feet from the northwest corner of lands now or formerly Town of Wappinger, Liber 412, Page 12 also known as "Reese Park'"; thence leaving said point, of beginning and northerly line of Reese and running through "Reese Park" the following courses and distances: North 010 32' 40" West 11.83 feet, North 43o 08' 00" West 181.84 feet, North 050 37' 40" East 229.78 feet, South 310 31' 20" East 16.56 feet, South 050 37' 10" West 212.05 feet, South 43o 08' 00" East181.10 feet, and South 010 32' 40" East 26.05 feet to a point being on the northerly line of the aforementioned Lands of Reese; thence running along the northerly line of said Reese, North 45o 20' 40" West. 14.15 feet to the point of beginning containing 0.097+ acres of land. A Rezoning Application was received from Contrail Associates. to change their parcel on Old State Road from Planned Industry to Highi.ay Business. RM52692 MRS. VISCONTI molted to table action on this requesi_ pending discussion at the June 8th, 1992 work shop. Seconded by Mr. Valdati ",lotion Unanimously- Carried A request was received from James Klein for return of escrow fees in the amount of $1,000 for completion of seeding Lot =30, Nicole Farms. The Building Inspector certified that the work was completed and. recommended return of the escrow. MRS. V'ISCONTI moved to approve the return of the escrow fee of $1,000 to James Klein for completion of work at, Lot. � �':0, Nicole Farms, based on the recommendation of the Building Inspect.or. Seconded by Mr. Wallace Motion Unanimously Carried Requests were also received from Applebee's Neighborhood Grill and Bar, for return of $1,500 for Temporary C.O. and Consultant. Fees of $3,620; Silvestri &, Son, 87,823.49, withdrawal of site plan. The Zoning Administrator recommended refunds of these escrow fees. MRS. VISCONTI moved to refund the escrow fees to Applebee's in the amount of $1,500 and $3,6120 and to Silvestri F Son in the amount of $7,823.49, upon the recommendation of the Zoning Administrator. Seconded by Mr. Wallace Motion Unanimously- Carried Correspondence was received from the highway Superintendent regarding dumping at the Rockingham Drainage Easement. He pointed out that last year the Town spent in excess of $100,000 to clean this easement and upon inspection he and a representative from the Engineer's office found logs, branches, and another section had parts of a swimming pool, also tires. He recommended that the Town forward letters to the surrounding residents apprising them of this situation and the fact that there are -penalties for dumping. Mrs. Smith had a list of names from the Assessor's Office and RM52692 1tj� i,rote a sample letter_ for the Board to review and either add or delete whatever they felt covered the situation. MRS. VISCONTI moved to authorize the Supervisor to Tari.te to the residents of the area of the Rockingham easement informing them of the purpose of the easement and the importance of keeping it clean, also emphasizing the fact that there are penalties for violation of the dumping law. Seconded by Mr. Valdati Motion Unanimous!)- Carried Peddling License Applications were received from Nicholas Minut.olo, Paula Kessler & Nancy Melara; pending f. -(--,m last month are J. Mi.nutolo and Mr. Scarchelli. Mrs. Smith said they could not act on these tonight since the Ordinance required more discussion which they could address at the June 8th work shop. MR. MILLS moved to table action on Peddling Licenses pendia; further discussion at the work shop. Seconded by Mrs. Visconti Motion Unanimouisiv Carried MR. MILLS moved that no Peddling Licenses be renewed until a determination has been made by the Town Board in re=gard to amending the Peddler's Ordinance. Seconded by Mrs.Smi.th Motion Unanimously Carried A Notice of Intent to apply for a liquor license was received from Mr. Sapienza for the Chinese Restaurant now known as Dynasty. MRS. VISCONTI moved to accept the notification and place it on file with no comments. Seconded by Mr. Wallace Motion Unanimously Carried A request was received from the Chelsea Fire Company to consider naming the field at the Castle Point Recreation Site after Peter RM52692 Coughlin, recently deceased. Thea- felt that. Peter dedicated his life to the community and the Fire Company and deserved this recognition. Mrs. Smith had referred this request to Mr. Holt, Chairman. of the Recreation Commission for his review and recommendation. He researched this matter and noted that this land was named the "Dratz-Deegan Field" back in 1980. He pointed out that. the Board had approved a Policy submitted by the Recreation Commission stating that in the naming of parks and/or fields, the person should have made some contribution to the recreational enhancement, of the Town. Although Mr. Coughlin was an honored citizen, Mr. Holt noted that naming a field in his honor was not the appropriate action and felt:, they should come up i..ith some other honor more in line with his contribution to the Town. MRS. VISCONTI moved to authorize the Supervisor to respond to the Chelsea Fire Company informing them that the field has already been named, as indicated by Mr. Holt, and reinforce `he fact that the Policy submitted by the Recreation Commission and accepted by the Town Board in regard to naming fields, etc., Till be maintained. Seconded by Mr. Mills `'lotion Unanimousli Carried Mr. Mills asked who the gentlemen were--"Dratz-Deegan"; the Town Clerk responded that Dr. Dratz was the administrator of Castle Point and both he and Dr. Deegan were instrumental in acquiring the land for the Town. A report was received from Mr. Levenson, Zoning _'administrator regarding encroachment of swimming pool on ToG7n property by Mr. LoGiudice, at 33 Daisy Lane. The s..imming pool has been demolished, the area has been seeded and the electric service has been disconnected. The fence has %et to be removed, Mr. Levenson noted, but the owner is presently out of toT:n. MRS. tiISCONTI moved to place the report on file, request Mr. RM:2692 `5z" Levenson to follow up on the removal of the fence and report to the Town Board. Seconded by Mr. Wallace Motion Unanimously Carried A report was received from Starcom Associates, Inc., the firm retained to do a Town telephone audit, advising the Supervisor that the Town is due a refund from the New Fork Telephone Company in excess of $10,000.00 on account number 297-9151, Highway Department telephone. The Town will net about $5,000.00 of this. MRS. VISCONTI moved to accept, the correspondence and place it on file. Seconded by Mr. Wallace Motion unanimously Carried Mrs. Visconti felt that the Supervisor should be congratulated for pursuing this matter with Starcom Associates i:hich resu'_ted in a $5,000 gain to the Town. The Supervisor pointed out that the Comptroller deserves credit, also; she and Mr. Foster found this error last year, and the company was instrumental in paving the way to acquiring the refund. The next item disappointed the Supervisor when she was informed by the D.E.C. that our application for the National Small Busines,- Tree Planting Program for 1.992 was not selected for funding. It seems they were swamped with applications requesting almost two million dollars for this program. They were hopeful that the program would gain Congressional support for 1993 and the funding would increase to allow more grants to be selected. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion ;Jnanimously Carried COMMITTEE REPORTS --- Mr. dills had no reports for this Meeting. RM52692 Mrs. Visconti, Recreation -- commend_ed. the Commission t'or the brochure they put together, with background of summer programs, etc. and they are looking for x,a,,-s to convey this to the public; further discussions on ways to accomplish this will. be planned. They warted to have it printed, as suggested by "Irs. Visconti, but since it will change every ;:ear, they felt it would be too expensive. They thanked her for her interest and could welcome any other suggestions she may have. Mr. Valdati recommended that one of these brochures be forwarded to the Village of Wappingers Falls indicating the activities that are available to the Village residents. Mrs. Smith made the point that: the Town pays for all the flags for the Veterans' graves when they honor them on Memorial. Day. lie conceded that, but asked if he could have a list: of the categories that the Village residents are entitled to, and since he is the C'oun,il-person for that Ward, Mrs. Smith suggested that he work on this pro,ect; he agreed but asked that she go over the budget items with him. Mr. Wallace had no reports for this Meeting. BONDS &: LETTERS OF CREDIT --- The update on the status of current Bonds & Letters of Credit from Mr. Levenson stated that the Kablaoui r3 Subdivision Bond has expired and the drainage easements have not been resolved. Mrs. Visconti asked about, the Ketchamtown Development Corp. r'Thich is also Noto Subdivision; Mr. Levenson responded that the bond was previously reduced from 5500,72=1.00 to 88250,722.00 u.pon a public hearing by the Planning Board and acceptance by the Town Board. Mr. Levenson said this was, already taker care of and the bond has been reduced. MRS. VISCONTI moved to accept: the Report and place it on file. Seconded by Mr. Wallace �1c,tion Unanimously Carried RESOL17TIONS --- A Public Hearing was previously heli by the Town Board cith respect to the proposed repair or c.emol ition of tale structure at RM52692 SI;tl 36 Old Route 9, owned by Braker Associates, Ltd. The following Resolution was moved by COUNCILMAN VALDATI and seconded by Councilwoman Visconti: WHEREAS, Braker Associates, Ltd. (the "corporation/owner"), is the fee owner of certain real property situate in the Town of i0i Wappinger, Dutchess County, New York, located at 36 Old Route 9, and identified by tax grid. #19-6157-02-543900-00 (herein referred to as "the property"); and WHEREAS, the property was improved by several buildings, including an unoccupied residential structure (the "structure"), which structure was substantially damaged by fire on or about October 20, 1991; and WHEREAS, on or about October 21, 1991, the owner was served with a notice by Mark Lieberman the Fire Inspector of the Town of Wappinger directing that the structure be demolished and removed from the property; and WHEREAS, the owner did not maintain any fire insurance or hazard insurance coverage for the structure; and WHEREAS, the owner acknowledges that the structure must be demolished and completely removed and must be made safe; and WHEREAS, pursuant to an affidavit signed on February 18, 1992, by Rose Braker (the "Braker Affidavit"), the only officer, director, employee and stock holder of the corporation, copy of which affidavit is attached hereto, the owner consents to the demolition of the structure and its removal by the Town of Wappinger and acknowledges that all costs associated with such demolition, removal, and making the property safe, including legal and engineering fees, will be assessed and levied against the property, with the costs thereof included in the next State, County and Town tax bill to be issued in January of 1993; and WHEREAS, among other things, the affidavit further acknowledges that in the event that the owner sells the property prior to the levy of the 1993 State, County and Town tax bill, all costs incurred by the Town of Wappinger in connection with the demolition of the structure, and all related costs in connection therewith, which would otherwise have been assessed to the real property tax bill, shall be paid from the proceeds of the sale. In addition, the owner further agrees to indemnify safe and hold harmless any innocent bonafide purchaser for value from any of the costs incurred in connection with the demolition, removal and rendering safe and set forth herein and in the Braker Affidavit; and WHEREAS, Mark Lieberman, Fire Inspector of the Town of Wappinger, by written report dated March 23, 1992, has further advised the Town Board of the deteriorating condition of the aforementioned structure located at 36 Old Route 9 in the Town, identified under tax parcel number 19-6157-02-543900-00; and WHEREAS, in consequence of said report, the Town Board caused a "Notice to Repair or Remove Unsafe Structure" to be served on Braker Associates, Ltd. directing the owner to commonce the repair or removal of the structure by May 29, 1992, and to complete such repair or removal no later than June 30, 1992 in accordance with Town Law Section 130 and Town of Wappinger Local Law #8 of 1982; and WHEREAS, a copy of said 'notice to Repair or Remove Unsafe RM52692 Structure was duly served upon Braker Associates, Ltd. on May 5, 1992; and WHEREAS, a copy of the Notice to Repair or Ret;love t'nsafe Structure was filed in the Dutchess County Clerk's Office on or about May S, 1992 in the same manner as a Noti-cc' of Pendency; and WHEREAS, Mark Lieberman, Fire Inspect,;.- of the Tot' n of Wappinger, by written report dates_ May 20, 1992 has advised the Town Board that the property owner, Braker Associates, Ltd., has not begun, and will not begin the repair or removal of the unsafe structure in accordance with i-ts specifi.c consent that the proposed demolition be undertr kc -n by the Town; ar!d WHEREAS, the Town Board hereby determines that it is in the interest of public health, safet; and welfare of the residents of the Town of Wappinger to cause the removal of such structure located at 36 Old Route 9, Torn of Wappinger, identified by tax grid #19-6157-02-543900-00; and WHEREAS, Mark Lieberman, Fire Inspector of the -Town of Wappinger, and Thomas Classes~, Building Inspector of the Town of Wappinger, are authorized to solicit bid proposals for the demolition of said unsafe structure pursuant to the report of the Fire Inspector, the consent. of the owner, and the Town Board's determination herein; and WHEREAS, the Town shall cause the -emoval of` the demolition debris caused by the demolit,ioti of the subject structure, by Royal Carting, pursuant to the Bulk Recycling Bid for calendar year 1992 previously awarded to Royal _ Carting; and WHEREAS, Town Law Section 130 authorizes the assessment of all costs and expenses incurred by the Town in connection with these proceedings, including, but not limited to, the costs of demolition and removal of the utas; -if(- Structure and attorneys' fees against the land on which the unsafe structure Is located; and WHEREAS, the Town Board hereby directs that all costs incurred by the Town in the demolition and removal of the unsafe structure shall be assessed and levied against the subject parcel identified as tax parcel number 19-6157-02-543900-00 owned by Braker Associates, Ltd.; and WHEREAS, the Town Board has reviewed this acct.i.on to demolish and remove the demolition debris of the structure at 36 Old Route 9 with respect to SEQP_'1, ;_.nd has determined that the demolition of the subject structure will not create an;;- adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED 1S FOLLOWS: 1. The Town Board hereby determines pursuant to Town Law Section 130 that the structure located at 36 Route 9 in the Town of Wappinger, located on premises more particularly identified as tax grid number 19-6157-02-513900-00, owned by Braker :Associates, Ltd., be and hereby is declared to be an unsafe structure which poses a danger to th--public health, safety, and welfare of .-he residents of the Town of Wappinger. The Town Board hereby orders and directs its demolition and removal pursuant t: its findings and in accordance with the request and. consent of the owner as stated in the Braker Affidavit. 2. The Town Board determines that it is the only involved agency in this action in authorizing the demoliti,,,n and removal of the aforementioned unsafe structure and hereby declares itself Lead Agency Pursuant, to Article S EC:L and the Related 'ni t l e 6, Part 617-NYCRR. R.M52692 3. The Town Board has caused to be completed Pert 1 and Part. 2 of the short form EAF for this project in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR and hereb-- determines that the intended action to wit: authorizing the demolition and removal of the aforementioned unsafe structure will not create any significant adverse impacts on the environment. and hereby issues a Negative Declaration of Significance for this action. 5. The Town Board hereby authorizes the Supervisor to enter into a contract with the individual or entity submitting the lowest bid proposal for proper demolition of the unsafe structure, plus the costs of any requisite permits or fees, if any, which demolition shall be done in accordance with the rules and regulations, local laws and ordinances of the Town of Wappinger or of any other municipal agency having .jurisdiction cover the premises. 6. The Town Board directs the Town Supervisor, Town Building Inspector and the Town Assessor to determine all costs and expenses incurred by the Town herein and that said costs be assessed and levied against the land on which the unsafe structure is located, identified as tax grid #19-6157-02-543900-00, as provided by law. 7. The Town Board also authorizes thatthe costs and expenses incurred by the Town herein be satisfied by the proceeds of sale in the event that the property is sold in accordance i'i.th the covenants and promises set forth in the Braker Affidavit. 8. 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 distribution of same as provided by law. Roll Call Vote: 5 Ayes 0 Nays Since it was brought out at the Public Hearings that there may be hazardous wastes on the Braker premises, there is a possibility that this resolution may have to be amended prior to the proposed demolition of the structure. The Supervisor scheduled a Special Meeting on June 8, 1992, for the purpose of amending the Resolution Ordering the Demolition of the Braker Associates, Ltd., property located at 36 Old Route 9. if, after investigation they find it necessary. The next item, the Order Calling a Public Hearing for the Increase and. Improvement of Facilities of the Oakwood Knolls Water District was addressed previously under Item 5b, Engineer's submittal of Map, Plan & Report for Oakwood Knolls Water District Hydropneumati.c Tank Replacement. The appointment of a Zoning Ordinance Consultant was the next RM52692 item for the Board's consideration. MRS. VISCONTI moved to appoint Matthew Rudikoff Associates as the Zoning Ordinance Consultant for preparation of Phase 1, per proposal submitted, at a cost of $3,200.00. Seconded by Mr. Wallace Roll Call Vote: 3 Ayes Mr. Mills ---Nay Mr. Valdati-Nay Motion Carried. Prior to the vote a discussion ensued on the proposal submitted by Raymond Arnold brought up by Mr. Mills who felt they should wait for Mr. Arnold's Draft: Zoning Publication which stated in his proposal, completion by May 29, 1992. The Supervisor does have this Publication, however, it is not complete, as promised. It appeared to her that this problem has existed in whatever he undertakes--i_L is never exactly what they ask for and it is never on time. She Yant.s to move ahead and in her opinion they should appoint the firm that can do the .yob in the time frame they are aiming for. Mr. Valdati suggested that they review the document submitted and table action until the Special Meeting of June 8, 1992. ;After all Board 'Members had expressed their view, the Supervisor called for a Roll Call Vote and the Motion was Carried. UNFINISHED BUSINESS --- Mr. Wallace requested to replace his appointment on the Board of Ethics since this person was serving on another Board and he felt it could be a conflict of interest.. He would name his new choice for this Board at the next meeting. On the same subject, Mr. Mills stated that he had not :rade his appointment to this Board and at this time he would like to submit his choice for the Board of Ethics. Councilman Mills offered the name of ----------Hubert E. Schaller Mr. Valdati asked the status of nhe speed limit on the Town Roads which was previously recommended by the State to set at RM52692 30 MPH. Mrs. Smith, Mr. Roberts, Mr. Paggi and Mr. Foster had a discussion on this and made the determination that they wanted to make a few exceptions to the proposed Town -wide speed limit. They now want to discuss this with the full Board and this will be on the June 8, 1992 work shop. Mrs. Smith reported that we will receive $16-0,606.58 on the mortgage tax and the Village receives $12,318.79 -from the County. The Town share goes into the "A" fund, thus benefiting the Village as they will also get. a percentage of the Town portion. A .Late letter was received from Assessor Thomas Logan regarding initiating an "Article 78" on the new Assessment Rate which could be costly but he suggested sharing this with the Town of Uniondale and perhaps other municipalities. The Supervisor suggested further discussion on the matter and scheduled it on the June 8, 1992 work shop. Joseph Incoronato was recognized by the Chair and asked if the Board had reviewed the suggested "Recall Legislation" he had I)resented at the last meeting. Mrs. Smith responded that she and Mr. Valdati are reviewing it but she has a problem with the 259 signatures as being too low a number. Mr. Incoronato ga:re figures which he felt justified this percentage. Mr. Valdati's problem with the document; was that it did not provide for due process. Mrs. Smith had contacted Audit and Control for a possible precedent in another area and they informed her bi letter that the Town did have an avenue to take. Mr. Incoronato argued tzat this would be the judicial process which would be very costly; what he has suggested would give the people an opportunity to take action without the cost involved. Mrs. Smith repeated her concern with the percentage and Mr. Valdati. again expressed his opinion, after a lengthy discussion, that it lacks due process;. Mr. Incoronato was informed that they would review some of the rules forwarded. from Audit and Control on the subject and get back to him. RM52692 NEW BUSINESS --- A request was received from Patricia Maupin, Receiver of Ta,;es to attend the Annual Training Semirar for Tai; Collecting Officers to be held from June 14 to June 17, 1.992 at Ellen,rillFe, New York. She plans to spend one day at the Seminar and the cost i�i.11 be $50.00 per official, registration fee. MRS. VISCONTI moved to grant. permission to Mrs. Maupin, Receiver of Taxes, to attend the annual Training Seminar at Elienville, New fork, as requested, and all legitimate charges ,ill be a Town charge. Seconded by Mr. Wallace Motion unanimously- Carried There was no other business to come before the Board. MRS. VISCONTI moved to adjourn the Meeting, seconded by Mr. Wallace and unanimously carried. The Meeting adjourned at 8:10 P.M 'Z Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on May 26, 1992, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Demolition or Repair of Structure at 36 Old Route 9, owned by Braker Associates, Ltd., Supervisor Smith opened the Hearing at 6:50 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Robert Wallace, Councilman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Graham Foster, Highway Superintendent Mark Lieberman, Fire Inspector 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 Hearing). Mr. Lieberman, Fire Inspector said he inspected the property today and declared it a hazard to health and safety. It is also possible that there are hazardous wastes on the premises from paints, varnishes, plastics, etc. The D.E.C. will have to be contacted for the list they made following their inspection and if this is the case, these materials will have to be separated from the normal debris. In light of this information, Mrs. Smith set a Special Meeting for June 8, 1992 at 6:45 P.M. to vote on the Resolution to Demolish the structure which they had planned -for .tonight' s meeting but`' the -pjevture has trout chetrged. If .there are hazardous wastes on the premises, permits will have to be issued by the D.E.C. and there will be additional costs involved. Mr. Lieberman added that he talked to a D.E.C. Officer today who advised him to contact that office and have them check out the property for these wastes, otherwise the Town could be held libel. Since it appears that this project might be more costly than they originally calculated and based on this the Supervisor advised Mr. Lieberman that they should go to bid on the demolition rather than proposals. Mr. Lieberman received three proposals which he said he would return and request bids. Mr. Valdati asked that they put signs and/or barriers of an official nature on the property since there is a possibility of hazardous wastes on the site. There are children playing there at times and they should be alerted to this fact. Mr. Mills thought they should demolish the building and leave it in a pile and sort it when we get a D.E.C. decision. The answer was no, they cannot disturb the contents, the hazardous wastes have to be kept separate. It was agreed to post the property and board up at least the first floor entries. Attorney Albert Roberts told the Board that the Resolution they will adopt at the Meeting basically authorizes the demolitionrl which means they can go on the property and to the preliminary work, then the Resolution can be amended; this way they will be authorized to go on the site. The Attorney originally advised the Board not to adopt this Resolution until he made the changes, however, since it will allow them on the property to post and secure it, he preferred that they adopt it and amend it when they receive the D.E.C. findings. There were no other comments or questions on the subject matter. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Valdati and unanimously carried. The Hearing closed at 7:03 P.M. , ) Elaine H. Snowden Town Clerk