1991-02-25 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
FEBRUARY 25, 1991
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. Jan. 28, '91
4. REPORTS OF OFFICERS: Annual Reports: Recreation
of Retired Judge Francese;-Joint Landfill Project
i Month H. Supt. T/Justices Dog Control Officer
Sup/Compt.
5. PETITIONS & COMMUNICATIONS
Commission; Records
Zng. Adm. Bld. 11sp
a. L. Lowney, Village Clerk, Requests permission to use 3 Voting
machines for Village Elections March 19th
b. H. Levenson, Zng. Adm. re: Pacific States Land Corp. request to
Ping. Bd. for Open Space Subd.
c. C.A. DiMarco notification of intent to renew Liquor License
Innat Osborne Hill & Amberleaf Vinyards, R. Plimley, River Rd.,N
d. R. Holt, Rec. Ch., requesting permission for members to attend
Conference at nevele Resort April 7-10
e. Re -Schedule Special T/Board meeting (scheduled 2/21) to Feb. 27tt
f. Request from J. Cauda for return of Escrow for Subdiv. realignmei
H. Levenson recommendation attached
g. H. Levenson request refund to Mid Hudson Chinese Christian Churct
of $1,137.30 overpayment
h. J. Paggi, PE, Eng to Twn, reports: .(1) Joint Landfill meeting
(2) Wappingers Park Water District
i. H. Superinendent request permission to seek bids for; Fuel Oil,
Road Aggregates, etc., and Dumpsters for Spring Cleanup
j. Request from M.Lieberman & T. Classey to attend Annual Hudson
Valley Code Enforcement Officials Conference April 30, May 1-2
k. County Health Dept. re: Mosquito Control Program
6. COMMITTEE REPORTS
7. RESOLUTIONS
a'. Consider adoption of LL amending 0 & M rates-Wapp. Sewer Imp.##
b. Consider adoption of LL amending STOP signs at Cooper & Smith -
Town Road intersections
c. Consider adoption of LL amending Sr. Citizen Tax Exemptions
d. Adopting Resolution re: Tall Trees Water Imp. Chlorine Facility
e. Consider Highway Bids for Wheel Loader & Flusher TRuck
f. Introduce and set Public Hearins for: Amendments to Local Laws on
Prohiting parking Fire Lanes Village Crest Apts.-White Gates Apts,
Scenic Garden Apts., Designated parking areas for Handicapped
Drivers and Amending fines for enforcement of failing to obey
STOP signs
g. Consider approval of Soccer Contract
h. Consider approving contract with Sheriff for Vandalism Patrol
i. Consider approval of Little League Contract
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
REMINDER: PUBLIC HEARINGS START AT 6:45
41
The Regular Meeting of the Town Board of the Town of Wappinger was
held on February 25, 1991 at the Town Hall, 20 Middlebush Road, Town
of Wappinger, Dutchess County, New York.
Supervisor Smith opened the Meeting at 7:30 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Absent:
June Visconti, Councilwoman (Vacation)
Others Present:
Albert Roberts, Attorney
Joseph E. Pagg, Jr., Engineer
Graham Foster, Highway Superintendent
Herbert Levenson, Zoning Administrator
The Supervisor requested allto join in the Pledge of Allegiance to
the Flag followed by a moment of silence in honor of our troops in
Saude Arabia.
The Minutes for the January 28th, 1991 meeting were not forwarded
to the Board Members in time for their review and acceptance at this
Meeting and will be included on the March Agenda.
Since the audience included a large percentage of high school students
endeavoring to complete a class project on their Town Government,
Mrs. Smith welcomed them and for the benefit of those not familiar
with the governing body, she informed them that it consisted of four
Councilpeople and one Supervisor elected by the Ward System. They
were available to sign their papers confirming their presence at the
meeting, and answer any questions they may have.
The following Reports were received: Annual Report from the Recreation
Commission, Annual Report (Jan. thru Aug. 1990) from Retired Judge
Francese, Joint Landfill Project, Supervisor's Annual Report filed
this date with the Town Clerk, Highway Reports for month ending
January 15th and February 15th, 1991, Town Justices, Zoning Administrator,
Building Inspector, Receiver of Taxes, Dog Control Officer, for the
month of January, also the Supervisor/Comptroller report thru 12/31/90.
Mrs. Smith noted that for the second time in eight years, she has
submitted her Supervisor's Report early and she complimented the
Comptroller and her Staff and also herself for this accomplishment.
42
MR. FANUELE moved to accept the above stated Reports and place them
on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Petitions & Communications ---
A request was received from Leo Lowney, Village of Wappingers Falls
Clerk for the use of three voting machines for their Annual Election
on March 19, 1991.
MR. VALDATI moved to allow the Village to use the Voting Machines as
requested pursuant to arrangements with the Town Highway Department.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A Memo was received from the Zoning Administrator regarding a request
from Pacific States Land Corporation for 154 single family units to
be built under the Openspace Subdivision regulation, Section 427 of
the Zoning Ordinance. At their January 22, 1991 meeting, the Planning
Board recommended conceptual approval of this proposal and forwarded
it to the Town Board for their consideration. There was a brief
discussion among the Board Members concerning the zoning classification
and possibly an excessive number of units proposed under the requirements
of this category. It was agreed that the matter would be tabled to a
work shop discussion with the Planning Board.
Notifications of Intent to renew Liquor Licenses were received from
the Inn at Osborne Hill on Osborne Hill Road, and Amberleaf Vineyards
on River Road North, both in the Town of Wappinger.
MR. INCORONATO moved to receive these Notifications and file them
with no comment.
Seconded by Mr. Valdati
Motion Unanimously Carried
A request was received from Mr. Holt, Chairman of the Recreation
Commission for the members to attend the New York State Recreation
and Park Society 51st Annual Conference and Exhibition at the Nevele
Ellenville, New York, April 7th -10th, 1991. It was indicated that
two people were interested in attending for one day.
MR.FANUELE moved to allow the members from the Recreation Commission
to attend this Conference and their legitimate expenses would be a
Town charge.
Seconded by Mr.Incoronato Motion Unanimously Carried
43
A Special Meeting scheduled for Feb. 21, 1991 has been cancelled
and rescheduled to February 27, 1991 at 7:00 P.M. to consider the
acceptance of the FEIS for the Tri -Municipal Expansion Project.
A request was received from Jerome Cauda for the release of $500
escrow in relation of a lot line realignment for the Ketchamtown Road
Subdivision.
MR. VALDATI moved to release the escrow of $500.00 to Mr. Cauda,
based on the recommendations of the department heads.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A Memo was received from the Zoning Administrator requesting a
refund of $1,137.30 to the Mid -Hudson Chinese Christian Church
due to an overpayment of site plan fees.
MR. FANUELE moved to refund $1,137.30 to Mid -Hudson Chinese Christian
Church for overpayment of site plan fees, as recommended by the Zoning
Administrator.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A report was received from the Engineer regarding the Joint Landfill
Board Meeting with the New York State Department of Environmental
Conservation on February 11, 1991. There will have to be additional
work at the former landfill site by the Airport including the leaching
problem and the existing collection system; the options are to either
repair the re -circulation system or apply to the D.E.C. for a discharge
permit and it was Mr. Paggi's recommendation that the first option was
the preferable one. He briefly described the procedure that they would
follow but the estimate of the cost was not yet available. There was
no action required by the Board at this time, it was submitted for their
information.
The second report related to the Wappinger Park Water District
Wells at Hark Plaza which, according to the Dutchess County Health
Department showed contamination. The existing wells serving the
District were tested and found to be clean and the third well was
then tested and found to be clean but it did show large, amounts of
chloroform which had not shown up previously. It was his opinion
that they must use Well #3 to maintain the required chlorides
concentration but it would have to be monitored very closely.
44
The easement for the Well No. 3 has not yet been finalized but
hopefully this will be resolved in March and the work to tie in the
well can then commence, with a completion perhaps by early April.
The negotiations for this easement were taking longer than the Attorney
expected and he felt that if it delayed too much longer they may have
to go through eminent domain and negotiate later.
The Highway Superintendent wrote to the Board requesting permission
to go to bid on fuel oil, road aggregates, etc., also for dumpsters
required for the Town Wide Recycling Cleanup. He preferred to start
this clean-up in April this year so as not to interfere with his road
work and it would be conducted in the same manner as previously.
MR. FANUELE moved to authorize the Highway Superintendent to go to
bid on road aggregates, fuel oil, etc.
Seconded by Mr. Incoronato
Motion Unanimously Carried
MR. INCORONATO moved to authorize the Highway Superintendent to go to
bid for dumpsters for the Town Wide Recycling Cleanup.
Seconded by Mr. Fanuele
Motion Unanimously Carried
Another communication received from Mr. Foster was for permission to
go to bid for a backhoe since, with the proper options, he felt his
department would be able to do more drainage projects which would
normally go out to bid and cost considerably more. He estimated the
cost to be approximately $80,000 which was available in the 1990
Highway fund balance.
MR. INCORONATO moved to authorize the Highway Superintendent to go to
bid for a backhoe.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mark Liebermann, Fire Inspector and Tim Classey, Building Inspector
wrote to the Board requesting to attend the Annual Hudson Valley
Code Enforcement Officials Conference at the Ramada Inn in Poughkeepsie
on April 30, May 1st and May 2nd, fee of $130.00 each if paid by
April 20th, 1991. They stated that the program would be beneficial
to enforcement and administration of the Building and Fire Code in the
Town. Since the Town Policy allows attendance at one conference per
year, it was agreed that they should be allowed to attend.
45
MR. FANUELE moved to grant permission to Mark Liebermann, Fire
Inspector and Tim Classey, Building Inspector, to attend the
Conference at the Ramada Inn, Poughkeepsie, N.Y., on April 30,
May 1 & 2, 1991 and their legitimate expenses will be a Town charge.
Seconded by Mr.Incoronato
Motion Unanimously Carried
A communication was received from the Office of the Dutchess County
Commissioner of Health re the 1991 Mosquito Control Program,
(Adulticiding Spraying). Mrs. Smith said she had talked to Jim
Marquette from the County Executive's Office regarding the program
and the procedure to follow if you do not want your property sprayed.
She intended to talk with him about the Wappinger schedule so she could
prepare a press release:notifying the residents of the dates and if
they do not want their property sprayed they can inform her. Last
year they were told to post a sign indicating this but it did not seem
to be very effective. The last paragraph of the letter stated that if
we wish to participate, it is imperative that you indicate same no later
than March 1, 1991, and this will require the Supervisor's signature on
the contract. Mr. Incoronato was very concerned about the chemicals
to be used for the spraying and persisted in his efforts to insist on
other materials which could be used in areas like Green Fly Swamp.
MR. INCORONATO moved to table consideration of this matter pending
a work shop discussion.
Seconded by Mr. Valdati
Motion Unanimously Carried
Committee Reports ---
Mr. Fanuele, Recycling, reported on an article that everyone is
recycling but we are running out of markets to sell this material.
The Town should be buying recycled materials and indicate this on
our vouchers when we are purchasing items. He offered some slogans
that we could use --"If you're not buying recycling, you're not recycling",
and "Help flow the recycling loop by using recycling materials".
Mr. Valdati, Recycling, member of this Committee, visited the site
last Saturday, noticed an extremely large turnout recycling newspapers
and noted many of the glossy flyers which are not recyclable and as
noted previously by a Poughkeepsie Journal reporter, this paper is
changing that and he was glad to hear it.
MEM
Mrs. Smith announced that the Town has reached an agreement with the
Boy Scouts and they will be back at their post collecting the newspapers
this week; they will be paid $40.00 a week rather than the $50.00 they
were asking for. They will working with a coordinator who happens to
be a Boy Scout Leader, since it is illegal for them to deal with the
Boy Scouts themselves.
Mr. Incoronato recognized Legislator Gordon Hirt in the audience
and noted that he had talked to Scott Daniels and Commissioner Brad
Whited who agreed that we have a good situation at the airport location
for Town composting once we have finalized a contract with the County
Attorney. They have communicated with one of them on November 29, 1990,
and have had no response since then and asked Mr. Hirt if he could check
into this and see if it is a "go" or a "no go". It was Mrs. Smith's
understanding that the County agrees to this program but they are
waiting for this attorney to get the necessary documents prepared.
She was anxious to get it going since the time is approaching to start
the residents using the site, but prior to its opening, the Highway
Superintendent has preparation work to do. She also urged Mr.Hirt
to see what he could to expedite the matter.
Mr. Hirt then spoke on the Wastewater Authority, which he had previously
discussed with Mrs. Smith and he agreed with her that he would like to
see this formed but without the financial burden to the Towns and that
is the only way he will support it. Mrs. Smith had contacted all of
the Wappinger Legislators by phone and by letter and explained to them
that this Town was opposed to a financial type authority because we
have paid and will continue paying dues to bail us out and provide the
necessary services to the residents which includes the wastewater
expenses that will extend for many years, plus the purchase of a water
system for over $500,000. Even if the monies are obtained through
sales tax, it will take a good portion from Wappinger, since we are
the second largest town in the County, and we will be subsidizing
other municipalities while still paying our own obligations without
help from the others.
47
Resolutions ---
A Public Hearing having been held by the Town Board on February 25,
1991 on a proposed Local Law Amending previous Local Laws on the
Establishment of Sewer Rates in the Wappinger Sewer Improvement
Area #1, the matter was placed before them for their consideration.
COUNCILMAN FANUELE moved to adopt Local Law #1 of 1991 as follows:
A LOCAL AMENDING LOCAL LAW #5 OF 1976, #14 OF 1984, #10 OF 1985
AND #10 OF 1988.
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1: Section 2 of Local Law No. 10 of 1988 is
hereby amended to read as follows:
SECTION 2: The following Sewer rates are hereby established
for the Wappinger Sewer Improvement Area #1:
A. Residential
1. Each residential unit connected to the system:
$240.00 annually and payable each quarter.
SECTION 3: This Local Law shall take effect upon adoption
and filing as provided by Municipal Home Rule Law.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
i
A Public Hearing having been held by the Town Board on February 25,
1991 on a proposed Local Law Amending Local Law #7 of 1989 Regulating
Traffic, the matter was placed before them for their consideration.
COUNCILMAN INCORONATO moved to adopt Local Law #2 of 1991 as follows:
A LOCAL LAW AMENDING LOCAL LAW #7 OF 1989 REGULATING TRAFFIC IN
THE TOWN OF WAPPINGER: (COOPER ROAD/SMITHTOWN ROAD)
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. Legislative Intent
The Town Board has received recommendations from the Highway
Superintendent with respect to providing for full stops for vehicles
travelling on certain roads within the Town to come to a full stop
when entering into certain intersections. The Town Board having
reviewed these matters, has determined that in the interest of the
public health, welfare and safety of the people of the Town of
Wappinger, that stop signs should be erected.
Section 2. Fulll Stop Streets
The following roads and highways are hereby designated as full
stop streets and intersections, and all vehicles shall observe any
posted stop sign at the intersection hereinafter described before
entering the intersecting street:
Cooper Road at its intersection with Smithtown Road
Smithtown Road at its intersection with Cooper Road
Cooper Road at its intersection with Old Route 9
New Road at its intersection with Old Route 9, and
Stagedoor Road at its intersection onto Old Route 9
M
Section 3. Authority to Install Traffic Control Devices
The Superintendent of Highways of the Town of Wappinger shall
install and maintain traffic control devices when and as required
under the provisions of this Local Law to make effective the
provisions of said Local Law and may install and maintain such
additional traffic control devices as he may deem necessary to
regulate, warn or guide traffic under the Vehicle and Traffic Law
of the State of New York subject to the provisions thereof.
Section 4. Posting Requirements
Any signs authorized by this Local Law to be installed shall be
of the type specified and shall be erected and maintained pursuant
to the pertinent posting requirements of the Vehicle and Traffic Law
the State of New York, regulations of the Slate of New York prescribing
conditions for the installations of such signs.
Section 5. Fines
A person operating any vehicle failing to observe the stop signs
or other traffic control devices herein described shall be subject to
punishment by a fine not more than One Hundred ($100.00) Dollars or
by imprisonment for not more than fifteen (15) days or by both such
fine and imprisonment; for a conviction of a second violation, both of
which were committed within a period of eighteen (18) months, such
person shall be punished by a fine of not more than Two Hundred
($200.00) Dollars or by imprisonment for not more than (45) days
or by both such fine and imprisonment; upon a conviction of a third
or subsequent violation, all of which were committed within a
period of eighteen (18) months, such person shall be punished by a
fine of not more than Three Hundred ($300.00) Dollars or by imprison-
ment for not more than ninety (90) days or by both such fine and
imprisonment.
Section 6. Severability
In the event any portion of this Law is declared to be unenforceable
by a court of competent jurisdiction, all of the remainder shall
continue in full force and effect.
Section 7. Effective Date
This Local Law shall take effect immediately upon adoption and
filing as provided by the Municipal Home Rule Law.
EXCEPT AS SPECIFICALLY MODIFIED AND AMENDED BY THE ADOPTION OF THE
ADDITIONS, REVISIONS, MODIFICATIONS AND AMENDMENTS ABOVE SET FORTH,
LOCAL LAW NUMBER 7 OF 1989 "REGULATING TRAFFIC IN THE TOWN OF
WAPPINGER" IS HEREBY MODIFIED, CONFIRMED AND RE -ADOPTED.
Seconded by: Councilman Valdati
Roll Call Vote: 4 Ayes 0 Nays
A Public Hearing having been held by the Town Board on February 25,
1991 on a proposed Local Law Amending Previous Local Laws Providing
for Partial Tax Exemptions on Real Property for Eligible Senior
Citizens, the matter was placed before them for their consideration.
COUNCILMAN VALDATI moved to adopt Local Law #3 of 1991 as follows:
This Local Law amends the provisions of the following Local Laws
providing for partial tax exemptions of real property owned by
certain persons with limited income who are 65 years of age or older
by implementing the provisions of Chapter 991 of the Laws of 1983,
Chapter 756 of the Laws of 1986, and Chapter 471 of the Laws of 1990.
A Local Law amending Local Law No. 1 of 1967, No. 5 of 1977, No. 2 of
1980, No. 6 of 1980, No. 7 of 1982, No. 8 of 1983 and No. 4 of 1986.
7:
7a
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York as follows:
SECTION 1: Section 2(b) of Local Law No. 1 of 1967, Section
2 of Local Law No. 5 of 1977, No. 2 of 1980, No. 6 of 1980, No. 8 of
1983 and Section 2(b) of Local Law No. 4 of 1986 are hereby amended
to read as follows:
Section 2(b): The income of the owner or the combined income
of the owners of the property shall not and may not exceed the sum
of Fifteen Thousand ($15,000.00) Dollars for the income tax year
immediately preceeding the date of making the application for
exemption. The income tax year shall mean the twelve month period
for which the owner or owners filed a federal personal income tax
return, or if no such return is filed, the preceeding calendar year.
Where title is vested in either the husband or the wife, their
combined income may not exceed such income. Such income shall
include social security and retirement benefits, interest, dividends,
net rental income, salary or earnings, and net income from self-
employment, but shall not include a return of capital gifts or
inheritances. Rental income and self-employment shall not be
reduced by an allowance for depreciation.
SECTION 2: Section 2(c) of Local Law No. 8 of 1983, and
Local Law No. 4 of 1986 is hereby amended to read as follows:
Section 2(c): If the income of an eligible property owner
or the combined income of the owners of the property exceeds the
sum of $15,000.00 for the income tax year immediately preceeding
the date of making the application for tax exemption and is not
greater than $18,600.00, said owner shall be entitled to a partial
exemption as follows:
INCOME NET EXCEEDING: EXEMPTION
$15,600.00 45%
16,200.00 40%
16,800.00 35%
17,400.00 30%
18,000.00 25%
18,600.00 20%
In administration of the foregoing, the provisions of Section 2(b)
shall be applicable other than the provisions limiting income to
$15,000.00.
SECTION 3: This Local Law shall take effect immediately
upon adoption and filing as provided by Municiple Home Rule.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
A Public Hearing was held by the Town Board on February 25, 1991
on a Proposed Water Improvement to be known as Tall Trees Water
Improvement Area No. 2, the matter was placed before them for their
consideraton.
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
In the Matter of
a Proposed Water Improvement in the
Town of Wappinger, Dutchess County, N.Y.
pursuant to Article 12-C of the Town Law PUBLIC
to be known as Tall Trees Wter Improvement INTEREST
Area No. 2 RESOLUTION
----------------------------------------.
50
WHEREAS, a map, plan and report have been duly prepared in
such manner and in such detail as has heretofore been determined
by the Town Board of the Town of Wappinger, Dutchess County, New
York, relating to the installation of chlorine detention facilities
and the testing of two wells, as mandated by the Dutchess County
Health Department, to serve a benefitted area in said Town, to be
known as Tall Trees Water Improvement ARea No. 2; and
WHEREAS, said map, plan and report have been prepared by
Paggi and Martin of Poughkeepsie, New York, competent Engineers
duly licensed by the State of New York, and have been filed in
the office of the Town Clerk where they are available for public
inspection; and
WHEREAS, the improvements proposed for said Water Improvement
Area are the installation of chlorine detention facilities and the
testing of two wells, as mandated by the Dutches.s County Health
Department, to serve a benefitted area in said Town, to be known
as Tall Trees Water Improvement ARea No. 2, at a maximum estimated
cost of $27,775; and
WHEREAS, the area of the Town of Wappinger, Dutchess County,
New York, to be benefitted thereby shall be bounded and described
as set forth in Appendix A annexed hereto and made a part hereof
and as depicted in the aforesaid map; and
WHEREAS, It is proposed that the cost of the aforesaid
improvements shall be borne entirely by the lands benefitted
thereby by assessing, levying upon and collecting from the several
lots and parcels of land within such Benefitted Area which the
Town Board shall determine and specify to be especially benefited
by the improvements, an amount sufficient to pay debt service,
including principal and interest, on any obligations issued pursuant
to the Local Finance Law to finance the cost of the aforesaid
improvements; and
WHEREAS, said costs shall be authorized to be financed by
the issuance by the Town of its serial bonds with a maximum
maturity not in exce-% of the forty -year period prescribed by the
Local Finance Law; and
WHEREAS, the Town Board of the Town of Wappinger duly adopted
an Order on January 28, 1991, calling a public hearing upon said
plan, report and map and the question of providing a water supply
and distribution facility known as Tall Trees Water Improvement
Area No. 2, such public hearing to be held on the 25th day of
February 1991 at 7:05 P.M., Prevailing Time, at the Town Hall,
20 Middlebush Road, Wappingers Falls, New York, in said Town, at
which time and place all persons interested in the subject thereof
could be heard concerning the same; and
WHEREAS, notice of said public hearing was duly posted and
published as required by law; and
WHEREAS, said public hearing was duly held at the place and
at the time aforesaid and all persons interested in the subject
thereof were heard concerning the same; and
WHEREAS, it is now desired to authorize the improvement to
be known as Tall Trees Water Improvement Area No. 2,
NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town
of Wappinger, Dutchess County, New York, as follows:
Section 1. It is hereby determined that it is in the public
interest to establish said Tall Trees Water Improvement Area No. 2
and to make the water improvement hereinafter described and such
water improvement is hereby authorized. The proposed area hereby
determined to be benefitted by said Tall Trees Water Improvement
Area No. 2 is that area specified in Appendix A annexed hereto and
made a part hereof (said boundaries being the same as those of the
existing Tall Trees Water Improvement Area).
Section 2. The proposed improvements shall consist of the
installation of chlorine detention facilities and the testing of
two wells and other incidental expenses in connection therewith.
i
51
The method of financing of said cost shall be by the issuance of
serial bonds of said Town of Wappinger to mature in annual install-
ments over a period not exceeding forty years and such bonds shall
be payable from assessments levied upon and collected from the
several lots and parcels of land deemed benefitted from said improve-
ment and located in said benefitted area, so much upon and from each
as shall be in just proportion to the amount of the benefit which the
improvement shall confer upon the same.
Section 3. It is hereby determined that the estimated
expense of the aforesaid improvement does not exceed one-tenth
of one per cent of the full valuation of the taxable real property
in the area of said Town outside of villages and, therefore, in
accordance with the provisions of subdivision 13 of Section 209-q
of the Town Law, the permission of the State Comptroller is not
required for such improvement.
Section 4. Pursuant to subdivision 6(D) of Section 209-q of
the Town Law, the Town Clerk is hereby directed and ordered to cause
a certified copy of this resolution to be duly recorded within ten
days of the date of adoption in the Office of the Clerk of the County
of Dutchess, which when so recorded, shall be presumptive evidence
of the regularity of the proceedings and action taken by the Town
Board in relation to the aforesaid improvement.
Section 5. It is hereby further determined that all of the
cost of the aforesaid improvement shall be borne wholly by property
within the Tall Trees Water Improvement Area No. 2, with no cost
thereof to be borne by the entire area of the Town outside of any
village.
Section 6. This resolution shall take effect immediately.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
Resolution Duly Adopted
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption:
A RESOLUTION AUTHORIZING THE ISSUANCE OF $27,775 SERIAL
BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK,
TO PAY THE COST OF THE INSTALLATION OF CHLORINE DETENTION
FACILITIES AND THE TESTING OF TWO WELLS, AS MANDATED BY THE
DUTCHESS COUNTY HEALTH DEPARTMENT, TO SERVE A BENEFITTED
AREA IN SAID TOWN TO BE KNOWN AS TALL TREES WATER
IMPROVr "ak INT AREA NO: 2 IN AND FOR SAID TOWN.
WHEREAS, pursuant to the proceedings heretofore duly had
and taken in accordance with the provisions of Article 12-C of
the Town law, and more particularly a resolution dated February
25, 1991, said Town Board has determined it to be in the public
interest to establish the Tall Trees Water Improvement ARea No. 2
and to acquire and complete certain improvements therefor at a
maximum estimated cost of $27,775; and
WHEREAS, the capital project hereinafter described has been
determined to be an Unlisted 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 provide funding for such
project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. For the specific object or purpose of paying the
cost of the installation of chlorine detention facilities and the
52
testing of two wells, as mandated by the Dutchess County Health
Department, to serve a benefitted area in said Town, to be known as
Tall Trees Water Improvement Area No. 2, at a maximum estimated cost
of $27,775, there are hereby authorized to be issued $27,775 serial
bonds of said Town pursuant to the provisions of the Local Finance
Law.
Section 2. It is hereby determined that the plan for the
financing of said specific object or purpose is by the issuance
of the $27,775 serial bonds of said Town authorized to be issued
pursuant to this bond resolution. Further details pertaining to
said bonds will be prescribed in a further resolution or resolutions
of this Town Board.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years, pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein
authorized will exceed five years.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance
Law.
Section 5. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as the
same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose for
which said Town is not authorized to expendmoney, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions
of the Constitution.
Section 7. This resolution which takes effect immediately
shall be published in full in the Southern Dutchess News, the official
newspaper, together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Seconded by:
Roll Call Vote:
Councilman Fanuele
4 Ayes 0 Nays
Three bids were received and opened on the 22nd day of February,
1991 on a wheel loader for the Highway Department and one bid for
a flusher truck. The Highway Superintendent recommended that the bid
for the wheel loader be awarded to Case Power Equipment in the amount
of $68,451.00, as low bidder.
53
MR. VALDATI moved to award the bid for the wheel loader to Case
Power Equipment in the amount of $68,451.00, low bidder, as recommended
by the Highway Superintendent.
Seconded by Mr. Incoronato
Motion Unanimously Carried
There was only one bid received for the Flusher truck from Healey
International in the amount of $57,600.00 although the bid specs
were sent to Foster Equipment and Roberts Equipment and also published
in the bidders guide.
MR. INCORONATO moved to award the bid to Healey International at
$57,600.00, per the recommendation of the Highway Superintendent.
Seconded by Mr. Valdati
Motion Unanimously Carried
The next item for the Board to consider was amendments to various
Local Laws and scheduling of public hearings.
The following Resolution was offered by SUPERVISOR SMITH who moved
its adoption:
WHEREAS, by Local Law #2 of 1978, the Town Board of the Town
of Wappinger Prohibited Parking or Standing by Motor Vehicles in
Fire Lanes Maintained by Village Crest Apartments, and
WHEREAS, the New York Vehicle and Traffic Law has authorized
an increase in the fines and/or imprisonment as punishemnt for
violation of such law, and
WHEREAS, the Town Board has determined that it is in the best
interests of the public health, welfare and safety of the residents
of the Town of Wappinger and to further the enforcement of the
prohibition against parking or standing in lanes marked fire lanes,
to increase the fines for violation thereof to the maximum permitted
by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption a proposed
Local Law of the Year 1991 in the form annexed hereto.
2. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself Lead
Agency Pursuant to ARticle 8 ECL and the related Title 6, Part
717-NYCRR.
3. The Town Board has caused to be completed Part 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 617.11 NYCRR and hereby
determines that the intended action will not create any significant
adverse impacts on the environment and hereby issues a Negative
Declaration of Significance for this project.
5. The Town Supervisor is hereby authorized to execute
Part 3 of the short form EAF and further directs the Town Clerk
to provide for the filing and distribution of same as provided by
law.
54
BE IT FURTHER RESOLVED that the Town Board hereby schedules
a Public Hearing on the proposed adoption of a Local Law of 1991
to be held at the Town Hall on the 25th day of March, 1991 at 7:15
o'clock in the afternoon and that the Town Clerk be directed to post
and publish notice of the Public Hearing in the form annexed hereto.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
A LOCAL LAW AMENDING LOCAL LAW #2
OF 1978 PROHIBITING PARKING OR STANDING
BY MOTOR VEHICLES IN FIRE LANES MAINTAINED
BY VILLAGE CREST APARTMENTS.
SECTION 1
Local Law #2 of 1978 - "Prohibiting Parking or Standing by Motor
Vehicles in Fire Lanes Maintained by Village Crest Apartments",
is hereby amended to read as follows:
Section 1. There shall be no parking or standing by any
motor vehicle in lanes marked fire lanes within those parking
areas and driveways maintained by Village Crest Apartments, its
successors or assigns.
Section 2. It shall be the responsibility of the owner of
Village Crest Apartments, its successors or assigns to construct
and maintain signs and other markings appropriate to identify fire
lanes and to provide notice of tow -away restrictions and fines. Said
signs shall conform to the uniform standards prescribed by the New
York State Department of Transportation to the extent provision is
made for such signs.
Section 3. Any motor vehicle found standing Ior parked
within an area designated as a fire lane may be removed.or towed
away and any owner or operator of such motor.vehicle shall be,
subject -to payment of reasonable fees for such removal and storage.
Section 4. A person operating any motor vehicle in violation
of the Local Law herein described shall be subject to punishment by a
fine:of riot more than One Hundred ($100.00) Dollars or by imprisonment
for not'more than fifteen (15) days or by both such fine and imprisonment;
for a conviction of a second violation, both which were committed within
a period of eighteen (18) months, such person shall be punished by a
fine of not more than Two Hundred ($200.00) Dollars or by imprisonment
for-not:more than forty-five (45) days or by both such fine and
.imprisonment; upon -a conviction of a third or subsequent violation,
all of which were committed within a period of eighteen (18) months,
sudh'person shall be punished by a fine of not more than Three Hundred
($300.00) Dollars or by imprisonment for not more than ninety (90)
days or by both such fine and imprisonment. A violation of this
Local Law shall constitute a traffic infraction as defined in the
New York Vehicle and Traffic Law.
section 5. In the event any portion of this law is declared
to be unenforceable by a court of competent jurisdiction, all of
the remainder shall continue in full force and effect.
Section 6. This Local Local shall take effect immediately
upon adoption and filing as provided by the Municipal Home Rule Law.
SECTION 2
Except as specifically modified and amended by the adoption of the
additions, revisions, modifications and amendments above set forth,
Local Law #2 of 1978, "Prohibiting Parking or STanding by Motor
Vehicles in Fire Lanes Maintained by Village Crest Apartments is
hereby modified, confirmed, and re -adopted.
SECTION 3
This Local Law shall take effect immediately upon adoption and filing
as provided by the Municipal Home Rule Law.
55
The following Resolution was offered by SUPERVISOR SMITH who moved
its adoption:
WHEREAS, by Local Law 3 of the Year 1978 by the Town Board of
the Town of Wappinger Prohibited Parking by Motor Vehicles in
Designated Areas for Handicapped Drivers in the Town of Wappinger; and
WHEREAS, the New York Vehicle and Traffic Law has authorized
an increase in the fines and/or imprisonment as punishment for
I violation of such Law; and
WHEREAS, the Town Board had determined that it is in the best
interests of the public health, uelfare and safety of the residents
of the Town of Wappinger and to further the enforcement of the
prohibition against non -authorized parking in areas designated for
handicapped drivers in the Town of Wappinger, to increase the fines
for violation thereof to the maximum permitted by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption a
proposed Local Law of 1991 in the form annexed hereto.
2. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself Lead Agency
pursuant to Article 8 ECL and the RElated Title 6, Part 717-NYCRR.
3. The Town Board has caused to be completed Part 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 617.11 NYCRR and hereby determines
that the intended action will not create any significant adverse
impacts on the environment and hereby issues a NEGATIVE DECLARATION
{ OF SIGNIFICANCE for this project.
5. The Town Supervisor is hereby authorized to execute
Part 3 of the short form EAF and further directs the Town Clerk to
provide for the filing and distribution of same as provided by law.
BE IT FURTHER RESOLVED that the Town Board hereby schedules a
Public Hearing on the proposed adoption of a Local Law of 1991 to
be held at the Town Hall on the 25th day of March at 7:17 o'clock
in the afternoon and that the Town Clerk be directed to post and
publish notice of the Public Hearing in the form annexed hereto.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
A LOCAL LAW AMENDING LOCAL LAW #3
OF 1978 PROHIBITING PARKING BY MOTOR
VEHICLES IN DESIGNATED AREAS FOR HANDICAPPED
DRIVERS IN THE TOWN OF WAPPINGER
SECTION 1
Local Law Number 3 of 1978, "Prohibiting Parking by Motor Vehicles
in Designated Areas for Handicapped Drivers in the Town of Wappinger",
is hereby amended to read as follows:
Section 1. Legislative Intent
It shall be unlawful for any motor vehicle to park in an area
within the Town of Wappinger designated for handicapped drivers
unless such vehicle has and displays a parking permit for a
56
handicapped person duly authorized in the manner prescribed by
Vehicle and Traffic Law, Section 1203-a.
Section 2. Authority to Install Traffic Control Devices
The Superintendent of Highways of the Town of Wappinger shall
install and maintain traffic control devices when and as required
under the provisions of this Local Law to make effective the
provisions of said Local Law and may install and maintain such
additional traffic control devices as he may deem necessary to
regulate, warn or guide traffic under the Vehicle and Traffic Law
of the State of New York subject to the provisions thereof.
Section 3. Posting Requirements
Any signs authorized by this Local Law to be installed shall be
of the type specified and shall be erected and maintained pursuant
to the pertinent posting requirements of the Vehicle and Traffic
Law of the State of New York, regulations promulgated thereunder
and any other statutes and regulations of the State of New York
prescribing conditions for the installations of such signs.
Section 4. Violations and Penalties
A person not handicapped operating any motor vehicle which does
not have and display a parking permit for a handicapped person
who parks in an area designated for handicapped drivers shall be
subject to punishment by a fine of not more than One Hundred
($100.00) Dollars or by imprisonment for not more than fifteen
(15) days or by both such fine and imprisonment; for a conviction
of a second violation, both of which were committed within a
period of eighteen (18) months, such person shall be punished
by a fine of not more than Two Hundred ($200.00) Dollars or by
imprisonment for not more than forty-five (45) days or by both
such fine and imprisonment; upon a conviction of a third or
subsequent violation, all of which were committed within a period
of eighteen (18) months, such person shall be punished by a fine
of not more than Three Hundred ($300.00) Dollars or by imprisonment
for not more than ninety (90) days or by both such fine and
imprisonment. A violation of this Local Law shall constitute
a traffic infraction as defined in the New York Vehicle and
Traffic Law.
Section 5. Severability
In the event any portion of this law is declared to be
unenforceable by a court of competent jurisdiction, all of the
remainder shall continue in full force and effect.
Section 6. Effective Date
This Local Law shall take effect immediately upon adoption and
filing as provided by the Municipal Home Rule Law.
SECTION 2
Except as specifically modified and amended by the adoption of the
additions, revisions, modifications and amendment above set forth,
Local Law Number 3 of the Year 1978, "Prohibiting Parking by
Motor Vehicles in Designated AReas for Handicapped Drivers in the
Town of Wappinger", is hereby modified, confirmed, and re -adopted.
SECTION 3
This Local Law shall take effect immediately upon adoption and filing
as provided by the Municipal Home Rule Law.
The following Resolution was offered by SUPERVISOR SMITH who moved
its adoption:
WHEREAS, by Local Law Number 2 of 1979, the Town Board of the
Town of Wappinger prohibited parking or standing by any motor
vehicle in lanes marked Fire Lanes within those parking areas or
driveways maintained by White Gate Apartments; and
57
WHEREAS, the New York Vehicle and Traffic Law has authorized
fines and/or imprisonment as punishment for violation of such law;
and
WHEREAS, the Town Board has determined that it is in the best
interests of the public health, welfare and safety of the residents
of the Town of Wappinger and to further the enforcement of the
prohibition against parking or standing in lanes marked fire lanes,
to increase the fines for violation thereof to the maximum permitted
by law.
NOW, THEREFORE , BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption a
proposed Local Law of 1991 in the form annexed hereto.
2. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself LEAD
AGENCY PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6, PART
717-NYCRR.
3. The Town Board has caused to be completed Part 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 617.11 NYCRR and hereby determines
that the intended action will not create any significant adverse
impacts on the environment and hereby issues a NEGATIVE DECLARATION
OF SIGNIFICANCE for this project.
5. The Town Supervisor is hereby authorized to execute
Part 3 of the short form EAF and further directs the Town Clerk to
provide for the filing and distribution of same as provided by law.
BE IT FURTHER RESOLVED that the Town Board hereby schedules a
Public Hearing on the proposed adoption of a Local Law of 1991 to
be held at the Town Hall on the 25th day of March, 1991 at 7:19
o'clock in the afternoon and that the Town Clerk be directed to
post and publish notice of the Public Hearing in the form annexed
hereto.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
A LOCAL LAW AMENDING LOCAL LAW #2
OF 1979 ADOPTED PURSUANT TO VEHICLE
AND TRAFFIC LAW SECTION 1660-A
SECTION 1
Local Law Number 2 of 1979, "A Local Law Adopted Pursuant to
Vehicle and Traffic Law Section 1660-a", is hereby amended to
read as follows:
Section 1. There shall be no parking or standing by any
motor vehicle in lanes marked fire lanes within those parking
areas and driveways maintained by White Gate Condominiums, its
successors and assigns.
Section 2. It shall be the responsibility of the owner of
White Gate Condominiums,itssuccessors or assigns to construct and
maintain signs and other markings appropriate to identify fire
lanes and to provide notice of tow -away restrictions and fines.
Said signs shall conform to the uniform standards prescribed by
the New York State Department of Transportation to the extent
provision is made for such signs. Fire Lanes shall be located
in those areas designated by the Fire Chief in whose jurisdiction
such lanes lie.
Section 3. Any motor vehicle found standing or parked
within an area designated as fire lane may be removed or towed
away and any owner or operator of such motor vehicle shall be
M
subject to payment of reasonable fees for such removal and storage.
Section 4. A person operating any motor vehicle in violation
of the Local Law herein described shall be subject to punishment by
a fine of not more than One Hundred ($100.00) Dollars or by
imprisonment for not more than fifteen (15) days or by both such
fine and imprisonment; for a conviction of a second violation,
both which were committed within a period of eighteen (18)
months, such person shall be punished by a fine of not more than
Two Hundred ($200.00) Dollars or by imprisonment for not more
than forty-five (45) days or by both such fine and imprisonment;
upon a conviction of a third or subsequent violation, all of which
were committed within a period of eighteen (18) months, such person
shall be punished by a fine of not more than Three Hundred ($300.00)
Dollars or by imprisonment for not more than ninety (90) days or by
both such fine and improsonment. A violation of this Local Law shall
constitute a traffic infraction as defined in the New York Vehicle and
Traffic Law.
Section 5. In the event any portion of this law is declared
to be unenforceable by a court of competent jurisdiction, all of the
remainder shall continue in full force and effect.
Section 6. This Local Law shall take effect immediately
upon adoption and filing as provided by the Municipal Home Rule Law.
SECTION 2
Except as specifically modified and amended by the adoption of the
additions, revisions, modifications and amendments above set forth,
Local Law #2 of 1979, "A Local Law Adopted Pursuant to Vehicle and
Traffic Law Section 1660-a", is hereby modified, confirmed and
re -adopted.
SECTION 3
This Local Law shall take effect immediately upon adoption and
filing as provided by the Municipal Home Rule Law.
The following Resolution was offered by SUPERVISOR SMITH who moved
its adoption:
WHEREAS, by Local Law #8 of 1979 the Town Board of the Town of
Wappinger Prohibited Parking or Standing by Motor Vehicles in Fire
Lanes or Safety Lanes Maintained by Scenic Garden Apartments; and
WHEREAS, the New York Vehicle and Traffic Law has authorized
fines and/or imprisonment as punishment for violation of such law; and
WHEREAS, the Town Board has determined that it is in the best
interests of the public health, welfare and safety of the residents of
the Town of Wappinger and to further the enforcement of the prohibition
against parking or standing in lanes marked fire lanes, safety lanes,
or areas marked "No Parking", to increase the fines for violation
thereof to the maximum permitted by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption a
proposed Local Law of 1991 in the form annexed hereto.
2. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself Lead AGency
Pursuant to Article 8 ECL and the Related Title 6, Part 717-NYCRR.
3. The Town Board has caused to be completed Part 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 617.11 NYCRR and hereby determines
that the intended action will not create any significant adverse
impacts on the environment and hereby issues a NEGATIVE DECLARATION
OF SIGNIFICANCE for this project.
5. The Town Supervisor is hereby autorized to execute
Part 3 of the short form EAF and further directs the Town Clerk to
provide for the filing and distribution of same as provided by law.
BE IT FURTHER RESOLVED that the Town Board hereby schedules a
Public Hearing on the proposed adoption of the Local Law of 1991
to be held at the Twon Hall on the 25th day of March, 1991 at 7:21
o'clock in the afternoon and that the Town Clerk be directed to
post and publish notice of the Public Hearing in the form annexed
hereto.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
A LOCAL LAW AMENDING LOCAL LAW #8
OF 1979 PROHIBITING PARKING OR STANDING
BY MOTOR VEHICLES IN FIRE LANES OR SAFETY
LANES MAINTAINED BY WOODHILL CONDOMINIUMS
(FORMERLY SCENIC GARDEN APARTMENTS)
SECTION 1
59
Local Law #8 of 1979, "Prohibiting Parking or Standing by Motor
Vehicles in Fire Lanes or Safety Lanes Maintained by Scenic Garden
Apartments" (=,,7 known as Woodhill Green Condominiums) is hereby amended
to read as follows:
Section 1. There shall be no parking or standing by any
motor vehicle in lanes marked fire lanes, safety lanes, or areas
marked "No Parking" within those parking areas and driveways
maintained by Woodhill Condominiums (formerly Scenic Garden
Apartments), its successors, or assigns.
Section 2. It shall be the responsibility of the owners
of Woodhill Condominiums, its successors or assigns to construct and
maintain signs and other markings appropriate to identify fire lanes,
safety lanes, or areas marked "No Parking" and to provide notice of
tow -away restrictions and fines. Said signs shall conform to the
uniform standards prescribed by the New York State Department of
Transportation to the extent provision is made for such signs.
Section 3. Any motor vehicle found standing or parked within
an area designated as a fire lane, safety lane, or area marked "No
Parking" may be removed or towed away and any owner or operator of
such motor vehicle shall be subject to payment of reasonable fees
for such removal and storage.
Section 4. A person operating any motor vehicle in violation
of the Local Law herein described shall be subject to punishment by
a fine of not more than One Hundred ($100.00) Dollars or by imprison-
ment for not more than fifteen (15) days or by both such fine and
imprisonment; for a conviction of a second violation, both which
were committed within a period of eighteen (18) months, such person
shall be punished by a fine of not more than Two Hundred ($200.00)
Dollars or by imprisonment for not more than (45) days or by both
such fine and imprisonment; upon a conviction of a third or
subsequent violation, all of which were committed within a period
of eighteen (18) months, such person shall be punished by a fine
of not more than Three Hundred ($300.00) Dollars or by imprisonment
for not more than ninety (90) days or by both such fine and imprison-
ment. A violation of this Local Law shall constitute a traffice
infraction as defined in the New York Vehicle and Traffic Law.
Section 5. In the event any portion of this law is declared
to be unenforceable by a court of competent jurisdiciton, all of the
remainder shall continue in full force and effect.
MCI
Section 6. This Local Law shall take effect immediately
upon adoption and filing as provided by the Municipal Home Rule Law.
SECTION 2
Except as specifically modified and amended by the adoption of the
additions, revisions, modifications and amendments above set forth
Local Law #8 of 1979, "Prohibiting Parking or Standing by Motor
Vehicles in Fire Lanes or Safety Lanes Maintained by Woodhill Green
condominiums is hereby modified, confirmed, and re -adopted.
SECTION 3
This Local Law shall take effect immediately upon adoption and
filing as provided by the Municipal Home Rule Law.
The following Resolution was offered by SUPERVISOR SMITH who moved
its adoption:
WHEREAS, by Local Law #3 of 1981 the Town Board of the Town
of Wappinger, a Local Law was adopted pursuant to Vehicle and
Traffic Law Section 1660-A; and
WHEREAS, the New York Vehicle and Traffic Law has authorized
an increase in the fines and/or imprisonment as punishment for
violation of such law; and
WHEREAS, the Town Board has determined that it is in the best
interests of the public health, welfare and safety of the residents
of the Town of Wappinger and to further the enforcement of the
prohibition against parking or standing in lanes marked fire lanes,
to increase the fines for violation thereof to the maximum permitted
by law.
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption a proposed
Local Law of 1991 in the form annexed hereto.
2. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself Lead Agency
Pursuant to Article 8 ECL and the Related Title 6, Part 717-NYCRR.
3. The Town Board has caused to be completed Part 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 617.11 NYCRR and hereby determines that
the intended action will not create any significant adverse impacts
on the environment and hereby issues a NEGATIVE DECLARATION OF
SIGNIFICANCE for this project.
5. The Town Supervisor is hereby authorized to execute Part 3
of the short form EAF and further directs the Town Clerk to provide
for the filing and distribution of same as provided by law.
BE IT FURTHER RESOLVED that the Town Board hereby schedules a
Public Hearing on the proposed adoption of this Local Law of 1991
at 7:23 o'clock in the afternoon and that the Town Clerk be directed
to post and publish notice of the Public Hearing in the form annexed
hereto.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
SECTION 1
Local Law #3 of
and Traffic Law
follows:
A LOCAL LAW AMENDING LOCA]
OF 1981 ADOPTED PURSUANT
AND TRAFFIC LAW SECTION D
J-981, "A Local Law Adopted Pursuant to Vehicle
Section 1660-A" is hereby amended to read as
Section 1. There shall be no parking or standing by any
motor vehicles in lanes marked Fire Lanes within those parking areas
and driveways maintained by Wappinger Plaza, its successors and
assigns.
Section 2. It shall be the responsibility of the owner of
Wappinger Plaza, its successors or assigns to construct and
maintain signs and other markings appropriate to identify fire
lanes and to provide notice of tow -away restrictions and fines.
Said signs shall conform to the uniform standards prescribed by
the New York State Department of Transportation to the extent
provision is made for such signs. Fire lanes shall be located
in those areas designated by the Fire Chief in whose jurisdiction
such lanes lie.
Section 3. Any motor vehicle found standing or parked
within an area designated as a Fire Lane may be removed or towed
away and any owner or operator of such motor vehicle shall be
subject to payment of reasonable fees for such removal and storage.
Section 4. A person operating any motor vehicle in violation
of the Local Law herein described shall be subject to punishment by
a fine of not more than One Hundred ($100.00) Dollars or by imprison-
ment for not more than fifteen (15) days or by both such fine and
imprisonment; for a conviction of a second violation, both which
were committed within a period of eighteen (18) months, such person
shall be punished by a fine of not more than Two Hundred ($200.00)
Dollars or by imprisonment for not more than forty-five (45) days
or by both such fine and imprisonment; upon a conviction of a third
or subsequent violation, all of which were committed within a period
of eighteen (18) months, such person shall be punished by a fine of
not more than Three Hundred ($300.00) Dollars or by imprisonment for
not more than ninety (90) days or by both such fine and imprisonment.
A violation of this Local Law shall constitute a traffic infraction
as defined in the New York Vehicle and Traffic Law.
Section 5. In the event any portion of this law is declared
to be unenforceable by a court of competent jurisdiction, all of the
remainder shall continue in full force and effect.
Section 6. This Local Law shall take effect immediately
upon adoption and filing as provided by the Municipal Home Rule
Law.
SECTION 2
Except as specifically modified and amended by the adoption of the
additions, revisions, modifications and amendments above set forth,
Local Law #3 of 1981, "A Local Law Adopted Pursuant to Vehicle and
Traffic Law Section 1660-A" is hereby modified, confirmed and
re -adopted.
SECTION 3
This Local Law shall take effect immediately upon adoption and filing
as provided by the Municipal Home Rule Law.
62
The following Resolution was offered by SUPERVISOR SMITH who moved
its adoption:
WHEREAS, by Local Law #15 of 1987 the Town Board of the Town
of Wappinger regulated traffic within the Town of Wappinger; and
WHEREAS, the New York Vehicle and Traffic Law has authorized
an increase in the fines and/or imprisonment as punishment for
violation of such law; and
WHEREAS, the Town Board has determined that it is in the best
interests of the public health, welfare and safety of the residents
of the Town of Wappinger and to further the enforcement of the
prohibition against failing to observe and obey stop signs, to
increase the fines for violation thereof to the maximum permitted
by law.
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption a
proposed Local Law of 1991 in the form annexed hereto.
2. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself Lead Agency
Pursuant to Article 8 ECL and the RElated Title 6, Part 717-NYCRR.
3. The Town Board has caused to be completed Part 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 617.11 NYCRR and hereby determines
that the intended action will not create any significant adverse
impacts on the environment and hereby issues a NEGATIVE DECLARATION
OF SIGNIFICANCE for this project.
5. The Town Supervisor is hereby authorized to execute
Part 3 of the short form EAF and further directs the Town Clerk
to provide for the filing and distribution of same as provided by
law.
BE IT FURTHER RESOLVED that the Town Board hereby schedules a
Public Hearing on the proposed adoption of the Local Law of 1991 to
be held at the Twon Hall on the 25th day of March 1991 at 7:25
o'clock in the afternoon and that the Town Clerk be directed to post
and publish notice of the Public Hearing in the form annexed hereto.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
A LOCAL LAW AMENDING LOCAL LAW #15
OF 1987 REGULATING TRAFFIC WITHIN
THE TOWN OF WAPPINGER
SECTION 1
Local Law #15 of 1987, Regulating Traffic Law Within the Town of
Wappinger is hereby amended to read as follows:
Section 1. Full Stop Streets
The following roads and highways are hereby designated as
full stop streets and intersections and all vehicles shall observe
any posted stop sign at the intersection hereinafter described
before entering the intersecting street.
Boxwood Close with its intersection at Park Hill Drive.
Larmel Court with its intersection at Park Hill Drive.
Shadybrook Lane with its intersection at Park Hill Drive.
Mocassin Drive with its intersection at Park Hill Drive.
Fieldstone Court withe its intersection at Spook Hill Road.
Section 2. Violation and Punishment
A person operating any motor vehicle in viol,
Law herein described shall be subject to punishment by a tine of
not more than One Hundred ($100.00) Dollars or by imprisonment
for not more than fifteen (15) days or by such fines and imprison-
ment; for a conviction of a second violation, both of which were
committed within a period of eighteen (18) months, such person shall
be punished by a fine of not more than Two Hundred ($200.00) Dollars
or by imprisonment for not more than forty-five (45) days or by both
such fine and imprisonment; upon a conviction of a third or subsequent
violation, all of which were committed within a period of eighteen
(18) months, such person shall be punished by a fine of not more
than Three Hundred ($300.00) Dollars or by imprisonment for not more
than ninety (90) days or by both such fine and imprisonment. A
violation of this Local Law shall constitute a traffic infraction
as defined in the New York Vehicle and Traffic Law.
Section 3. Severability
In the event any portion of this law is declared to be
unenforceable by a court of competent jurisdiction, all of the
remainder shall continue in full force and effect.
Section 4. Effective Dates
This Local Law shall take effect immediately upon adoption
and filing as provided by the Municipal Home Rule Law.
SECTION 2
Except as specifically modified and amended by the adoption of'
the additions, revisions, modifications and amendments above set
forth, Local Law #15 of 1987, "Regulating Traffic Within the Town
of Wappinger" is hereby modified, confirmed and re -adopted.
SECTION 3
This Local Law shall take effect immediately upon adoption and
filing as provided by the Municipal Home Rule Law.
The Contract with the Wappinger United Soccer Club was placed before
the Board for their consideration. Although a small group had left
this organization and formed their own, the Recreation Commission
Chairman recommended that the Town subsidize the original one which
consisted of 150 members, the small group had about 10 at this time
and it is possible that they may unite again.
MR. VALDATI moved to approve the contract with the Wappinger United
Soccer Club and authorize the Supervisor to sign said contract.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The contract for the Vandalism Patrol was placed before the Board and
had been previously discussed at a work shop session. The actual.
cost was not finalized but the Supervisor estimated that it would be
approximately between $65,000 and $68,000, and still the less expensive
way to go. Mr. Incoronato wished to confirm that either party could
delete the contract with a ninety day notice and agreed to that.
MR. VALDATI moved to approve the contract with the Dutchess County
Sheriff Department for the Vandalism Patrol and authorize the Supervisor
64
to sign said contract.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The third contract was for the Little League Association.
MR. VALDATI moved to approve the Little League Contract and
authorize the Town to sign said Contract.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Unfinished Business ---
A work shop had been held on a request from the Recreation Commission
Chairman to increase the salary of the Director, Bernard Reimer. Mr.
Holt indicated to the Board that the increase of $700.00 would be
expended from the Recreation Budget.
MR. INCORONATO moved to increase Bernard Reimer's salary from $5,830.00
to $6,530.00 for the remainder of 1991, for position of Director for
the Recreation Commission.
Seconded by Mr. Valdati
Roll Call Vote: 3 Ayes Mr. Fanuele --- Nay Motion Carried
Mr. Fanuele explained that he did not �)F:alieve in increasing any salary
after the budget has been passed.
The Supervisor announced that there would be an increase in the
cost of Refuse Disposal Tickets for our Saturday Morning Program at
the Highway Department --- From $3.00 to $4.00 Regular Tickets and
from $1.50 to $2.00 for Seniors, effective March 1st, 1991.
Mr. Incoronato stated that the Town Board was trying to keep the cost
as low as possible and one of the actions taken was to scout around
for a vendor or recycler to take the newspapers off our hands, which
they did accomplish. They found one across the river who has agreed
to pick up the papers at no cost to the Town which will be a saving
since we have been paying about $150.00 about every six weeks depending
on the volume that has been recycled, plus $35.00 a ton.
MR. FANUELE moved to increase the fees for the Refuse Disposal Tickets
for the Saturday Morning Program to $4.00 per ticket for Regular Tickets
and $2.00 per ticket for Senior Citizens.
Seconded by Mr. Incoronato
Motion Unanimously Carried
65
Y
Mr. Fanuele asked about the street lights for Kendell Road and
Old Hopewell Road, a previous request from a resident which had been
referred to Central Hudson and no response received as yet.
The Town Clerk said she would contact them as it was very unusual
that they had not replied Other items discussed ---I & I work on
WSIA#1, Atlas Pizzagalli interconnection, work shop, March 11, 1991,
Hussain problem with Pondview Pump Station, still no solution since
County Health Department recommended that we pursue Tri -Municipal
expansion which will eliminate pumping station; previous request
to exclude Social Security deductions for part-time senior employee
tabled until Town had new payroll system, Mrs. Smith to check it out.
Several zoning requests have been received ---Mrs. Smith intends to
set one evening aside just for discussion.
Mr. Valdati re request for speed reduction on Wheeler Hill Road
submitted over two years ago ---no response, follow-ups just delay
action. It was suggested that this be taken up with Senator Saland
and Assemblyman McMillen which the Supervisor will do when she meets
them next week.
Mr. Incoronato, re Atlas Water System, referred to communication from
Engineer about, six weeks ago regarding inspection of system and
recommended that Town pursue acquisition of the system. The Attorney
noted that there has been some problem with the title examination
and easments for the pipes and he indicated that a survey would be
required .
MRS. SMITH moved to authorize the Engineer to the Town to conduct a
survey of the Atlas Water System.
Seconded by Mr. Incoronato
Motion Unanimously Carried
New Business ---
A resignation was received from Ralph Nenni, as a member of the
Town Conservation Advisory Council.
MR. FANUELE moved to accept the resignation from Mr. Nenni and write
him a letter of appreciation of his service to the Town.
Seconded by Mr. Incoronato
Motion Unanimously Carried
ME.,
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption:
RESOLVED, that Louis DiCocco, be.and he hereby is appointed
as a member of the Town of Wappinger Conservation Advisory Council
to fill the vacancy created by the resignation of Ralph Nenni, and
BE IT FURTHER RESOLVED, that the term for Louis DiCocco as
a member of the Conservation Advisory Council shall expire on the
1st of January, 1993.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays
Resolution Duly Adopted
A proposal received for washing the windows in the Town Hall,
periodically, was referred to a work shop discussion.
Mr. Fanuele presented his monthly article ---there's a guy in
California called the "Mad Cap Mayor" who talked the state into
designating a piece of property in the desert to be the center of
the earth; he built a pyramid on this site and it is becoming a
tourist attraction; there's also a railroad running through the
property so he built a railroad station but the train will not stop
until he can guarantee 300 passengers a day. It seems to him if this
person can take a piece of the desert to become the center of the
earth, we, too could attract tourists with frog farming and ostrich
ranching which were previous items reported by this Councilman, whose
slogan of the day was "If you always do what you always did, you'll
always get what you always got".
The Supervisor invited all to a Senior Citizen wedding, from members
of our program, on March 8th, 1991 at 11:30 A.M.
Mr. Valdati recognized newly appointed Dutchess County Legislator
John Beale and he was invited to report to the public on any items
of interest to them, but at this time he had no report.
There was no other business to come before the Board.
MR. INCORONATO moved to adjourn the meeting, seconded by Mr. Valdati
and unanimously carried.
The Meeting adjourned at 8:43 P.M.
Reg. Mtg. 2/25/91
au,�S"
Elaine Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of Wappinger
on February 25, 1991, at the Town Hall, 20 Middlebush Road, Town of
Wappinger, Dutchess County, New York, on a proposed Local Law Amending
several previous Local Laws Establishing sewer rates for the Wappinger
Sewer Improvement Area #1.
Supervisor Smith opened the Hearing at 6:45 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Absent:
June Visconti, Councilwoman (on Vacation)
The Town Clerk offered for the record the Affidavit of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
This Local Law will increase the sewer rates from $33.25 per quarter
to $60.00 per quarter, a total of $240.00 annually.
Mrs. Smith asked if there were any questions from the public either
for or against the proposed Local Law.
No one commented on this Law which would increase the Operation and
Maintenance charge on WSIA#1.
MR. VALDATI moved to close the Public Hearing, seconded by Mr.
Incoronato and unanimously carried.
The Hearing closed at 6:47 P.M.
?aine H. Snowden
Town Clerk
�4-
L
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW ESTABLISHING
SEWER RATES FOR WAPPINGER SEWER
IMPROVEMENT AREA #1.
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 11th, 1991, your deponent posted a
copy of the attached notice of Public Hearing on a proposed
Local Law to Amend previous Laws on the Establishment of
Sewer Rates for the Wappinger Sewer Improvement Area #1
on the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, Middlebush Road,
Town of Wappinger, Dutchess County, New York.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Z
Sworn to before me this
day of ,-- 44 1991.
F A
/Ar APIR,
M -0 -
NOTARY PUBLIC
C,0NS */\ !C1-' (..). '4AITN
NOTARY PUBLIC, 5tutc o; Ncv York
#4657191 Onodia:•' Couniy
:-mmission Expo ,
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
inialmillillow� — —
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Elisabeth-Inacker
........................................................ of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the ...BRokkeepe.T .......
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for one weeks
successively in each week, commencing on the
...13th day of Februarx., 19.91 and on the
following dates thereafter, namely on
.................................................................
and ending on the ...13th... day of .....Feb;,,
1921- both days inclusive.
��
Subscribed and sworn to before me
this ,13th.... day of .... Fe , uary
.41
SS 19 91
W.
............. . ....
Notary Public
My commission expires.......P..........................
NOTARYPUBLIC, STATE OF NEW YORK
QUALIFIED IN DUTCHESS COUNTY
to 14-4855902
COMMISSION EXPIRES MARCH 31, 19�-
A Public Hearing was held by the Town Board of the Town of Wappinger
on February 25, 1991, at the Town Hall, 20 Middlebush Road, Town of
Wappinger, Dutchess County, New York, on a proposed Local Law Amending
Local Law #7 of 1989, Regulating Traffic in the Town of Wappinger.
Supervisor Smith opened the Hearing at 6:52 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Absent:
June Visconti, Councilwoman (on Vacation)
The Town Clerk offered for the record the Affidavit of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
This Law will now include Stop Signs to include Cooper Road at
its intersection with Smithtown Road, will authorize the Superintendent
of Highway to install and maintain traffic control devices as required
and will increase the fine from $50.00 to $100.00 and further provide
for the option of imprisonment.
Mrs. Smith asked for comments from the public relating to this
proposed Local Law, however, no one had any comments or questions.
MR. VALDATI moved to close the Public Hearing, seconded by Mr. Fanuele
and unanimously carried.
The Hearing closed at 6:54 P.M.
E ainn�A a�wsu-
. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW REGULATING
TRAFFIC IN THE TOWN OF WAPPINGER
(RE STOP SIGNS COOPER/SMITHTOWN
ROAD INTERSECTION.
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 11th, 1991, your deponent posted a
copy of the attached notice of Public Hearing on a proposed
Local Law Regulating Traffic With Stop Signs (Cooper/Smithtown
Road Intersection, on the signboard maintained by your
deponent in her office in the Town Hall of the Town of
Wappinger, Middlebush Road, Town of Wappinger, Dutchess
County, New York.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before this 4':�->
day of J� ,egr- 1991.
NOTARY PUBLIC
CONSTA,NCE 0. SMITH
NOTARY PUBLIC, Statc of Nei+; YorF
7'4657191 Q tchc - County
immission Exp r.
I
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.
NOTICE
I Vr f. ULK; HEARING
'OF'
Elisabeth-Inacker
........................................................ of the
?NOTICE , RgPPINGM t
ICEI t�W
Town I . , Y, GIVEN hat -
of War.
Inger
Town
w uct %P bIWH se 11g,
on the 4 '1wn * j
of Wappinger, Dutchess County, New York,
at,
et a
6" p HsJj of
R d
Wappinyer Falls�r V*.M'at
being duly sworn, says that he is, and at the several
tIm0,` at Ifitdrep
1 1. Ihts,
.7 'Parties In
1 0
citizens shall hay@'Ap PPortunItyto
1 times hereinafter was, the P221;�tlft9MftK
i be has ,
rd,�'aa to - whethbe the; Town
i, Boar��, opts jshaIV dopt a p
Amend1
... .......
of the SOUTHERN DUTCHESS NEWS, a
Local Law Number 7 of,
t yea Traffic
ulating in
it of, ng " by the ad -1
it rr-10, or lons'and
newspaper printed and published every Wednesday
amend.
on to L w "um be 7,
of the ear 1 9 Al
PLEASE "KE 'FURTHER
in the Town of Wappinger, Dutchess County, New
T
.IN EJfhat I R end-,
men to am
M by Law of
,192 1 are summarized below
York, and that the annexed NOTICE was duly
" 'Section 2. Full Stop Sleets" Is
l
amended to Include Coo Road at,
;its Intersection with Smithtown
into"
published in the said newspaper for one ... weeks
Road
a designated full Stop
.Intersection. street and
A nsw',VS�tion"V li�'addsd I
successively in each week, commencing on the
to
authorize, the, superintendent -of
1-fighwaysto install and maintain tral-
13th day of 19..?i� and on the
...........
fic control devices Ts,nV
required, Vg an . d
,g = '"Section
4" - which
authorizes thb,Postini
%9%,p4r-
following dates thereafter, namely on
suant to this Local , i
I -Law.
11 Section S. Fines" Is amended to
�i�l ncreass the fine for a first violation
,sof, gds.' Local Law= from Sso.(Ki to
.................................................................
14100.00 and further provide for'tha',
optionl�of,limprtWrnent,,t�The•.nmai�
and ending on the ... ��th ... day of .....
,4and/ or,Aduration�of_ Imprisonmenti.,
and increase with sub" vD!!,
tion of this Local Law , , .. �,
19 91, both days inclusive.
", PLEASE -TAKE —FURTHER
NOTICE tha! coplea of the said Local,,
Law of I qgj ArliavAllabld for.review
`and,inrtion at;ft Vfflft�of- the,
Town C ark
ark
Jr
(AAo
on weekdays'!
8-m.- to 4:00 K
BY ORDER eME TOWN BOARD
.........................................
j OF THE TOWN OF WAPPINGER.
DAT F U AR Y"glil''
ELAINE SNOWDEN
TOWN CLERK
Subscribed and sworn to before me
:g�
this .... day of Zebar�uia�r7.14
........ .... .. I.,,r_
Notary Public
My commission expires .................................
RACHEL WISHART
NOTARY PUBLIC, STATE CF NEW YORK
QUALIFIED IN OUTCHESS COUNTY
9 14-435Y,02
COMMISSION EXPIRES MARCH 31, 19-4#A-
A Public Hearing was held by the Town Board of the Town of Wappinger
on February 25, 1991, at the Town Hall, 20 Middlebush Road, Town of
Wappinger, Dutchess County, New York, on a proposed Local Law Amending
previous Local Laws for Partial Tax Exemptions on Real Property for
Eligible Senior Citizens.
Supervisor Smith opened the Hearing at 7:00 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Absent:
June Visconti, Councilwoman
The Town Clerk offered for the record the Affidavit of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
The maximum income allowed for the full benefit of the exemption is
now $15,000 and escalates to $18,600 for lesser benefits.
Mr. Incoronato asked if this is for both County and School Tax and
was told that it applies to the Real Property Tax on State, County
and Town, however, we have no jurisdiction in the School Tax and the
School Board would have to approve a similar law in order for the
seniors to be allowed the exemption on the School Tax. Mrs. Smith
added that the School Board had already approved the Law.
Mrs. Smith asked for comments from the public concerning the proposed
Local Law, however there were no statements made or questions asked.
MR. VALDATI moved to close the Public Hearing, seconded by Mr.
Incoronato and unanimously carried.
The Hearing closed at 7:02 P.M.
E ane H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW AMENDING THE
PROVISIONS OF PREVIOUS LOCAL LAWS
PROVIDING FOR PARTIAL TAX EXEMPTIONS
ON REAL PROPERTY FOR ELIGIBLE
SENIOR CITIZENS
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 11th, 1991, your deponent posted a
copy of the attached notice of Public Hearing on a proposed
Local Law Amending Provisions of Previous Local Laws
Providing for Partial Tax Exemptions on Real Property for
Eligible Senior Citizens, on the signboard maintained by
your deponent in her office in the Town Hall of the Town of
Wappinger, Middlebush Road, Town of Wappinger, Dutchess
County, New York.
!� 12.t
Elaine H. Snowden
Town Clerk.
Town of Wappinger
Sworn to before me this .64
day of1991.
NOTARY PUBLIC
CONSTAi\'CE O. SMITH
NOTARY PUBLIC, Stat: of New Yorl-
#'4657191 U� jc�h,e,s,'s, County
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
NEW YORK - 12590
NOTICE SHEREY GIVEN that
there has been duly presented end
' Introduced befale the Town Board of
the Town of Wappinger on January •-
28, 1991 a:prppoae- w
Lbcel La
lamending the provisk>rut of Prsvious
eLocalgtbns o Idi al for partial tax,•
by certairr p owned,'`
persons W11 limited in -a..
hoareeb yea s of age4,o�
that the i ofroposed Local the Law Wkfea
owner or thei
combined income of the owners of
°exece d the sum of shall Fifteen�Thmay
sarW
3 Dollars rs,t; mn, e...., - _
Mollara 418;800) for the incomeiax'
$yearImmediately preceeding the+
date of making the application for ex-' `
lampoon. The scab Indicating the'(
"Pacific Income and percentage of.
'exemption allowed is included in the
sproposed local Law which will be
available for examination and Inspe
ction at the Office of the Town Clerk
between the date of this notice and
FF' thedate of the ubrlo hearla.
I that
the TOownEBoard willIS conduct a Public
Hearing on the aforesaid ar.-A
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Elisabeth-Inacker
................................................. of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the ...Bookkeeper.......
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for one weeks
successively in each week, commencing on the
...13th day of .February. 19.91 and on the
......
following dates thereafter, namely on
et fl. p nnr ca ]WWI' -
M atthe towel Hall Mid-;
dlebush'Road,`Town of W,tivinger.`.................................................................
Y t
Duth date t ounty,which t New t on, and ending on the 13th
Dart, date l which rd - interested day of .... Feb .
parties wiU be heard. , ""•
-,I"04.4;»ELAINE H.'SNOWDENt 1991. both days inclusive.
�� 70WN CLERK 1 y
Subscribed and sworn to before me
this .13th.... day of ..... ejbxuar
Notary Public
Mycommission expires .................................
RACHEL WISHART
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIED IN OUT: HESS COUNTY
Oi 14-4655 02
COMMISSION EXPIRES MARCH 31,19,
A Public Hearing was held by the Town Board of the Town of Wappinger
on February 25, 1991, at the Town Hall,
20 Middlebush Road, Town of
Wappinger Dutchess County, New York, in
the matter of a proposed
Water Improvement, pursuant to Article
12-C of the Town Law, to be
known as Tall Trees Water Improvement Area
#2.
Supervisor Smith opened the Hearing at
7:05 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Absent:
June Visconti, Councilwoman (on Vacation)
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. Valdati noted that this was for the installation of chlorine
detention facilities at the Tall Trees plant, per the request of the
D.E.C. to upgrade the detention time and the estimated cost of the
project is $27,775.00.
Mrs. Smith asked for questions or comments from the public on the
subject matter; there were no questions or comments from those present.
MR. VALDATI moved to close the Public Hearing, seconded by Mr.
Incoronato and unanimously carried.
The Hearing clsoed at 7:07 P.M.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON THE
MAP, PLAN & REPORT FOR THE TALL
TREES WATER IMPROVEMENT AREA NO. 2
-----------------------------------
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE1:H.SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 11th, 1991, your deponent posted a
copy of the attached notice of Public Hearing on the Map,
Plan and Report for the Tall Trees Water Improvement Area No.
on the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, Dutchess County,
New York.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this
day of,,V 1991.
NOTARY PUBLIC
G0NSTA„7CE o. SMITH, ..
NOTARY PUGLIC, Siu<c c;f Now York
ham.
l,citmty
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET WAPPINGERS FALLS
NEW YORK - 12590
`" �IM a''Ms Itaow°p P
q �- - fxi► Ill}
V9VA7JV9 �
'f/ L i
i ,E„ �nev°vwrn°ds
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fir.nods.ua.�ooMe�tiwaroml.e�.su.w.ewe
d 3lvv 1 L RI�BR„d"J'
the office of the Town Clerk of sold
Town. where the same aro available
during the regular o01oe hours for ex-
aminationarty
Interested n thsj c matters
thereof; and
WHEREAS, the capital Im•
prove meMs In connection
with the establ ment of the Tall
Trees Water Improvement Area No.
2 of the Town of Wappinger are the
krchase end Instellellon o} a
pneumallc _ pressure' tank,
wbb Plpin9.`valves and
appurtenances and related
Mn -In connection therewith
and Including Pump testing and
works approval In connection with
two wells, at a maximum estimated
coat of $27,775; and
WHEREAS, said maximum
estimated cost shall be aulhodzed to
be financed by the issuance by the
IoW2'to
nges with a mximuaturicess the forarmbed bythe Fianceand
WHEREAS, said maximum
estimated coat Is not greater than
one-tenth of one per centum of the
full valuation of taxable real proper.
ty In the area of the Town of W
Inger outside of any vilfsgse: and
WHEREAS, it Ispropo "Writhe
cost of the alorese rovenim—
shall be borne by the reel property.
In said Tell Trees Water Improve-
ment Area No. 2 by assessing, kwy
Ing upon and cdlectinnp0 horn the
ow"mrai kms and parcels of land
within such Water improvernent
Area, outside of any village, which
the Tam Board shelf determine and
opacity to be sapeclalfy bensMled by
the Improvements, an amount su0f-
dent to pay the principal and interest
on serial bonds and bond anticipa-
tion rates lesued in entkipatIon of
the knuanw of serial bonds as the
same become due and payable; and
WHEREAS, the eforesishl im-
provemenls have been determined
to las an UMlsted Action pursuant to
the regulation of tin New York Slala
Dsparim ent of Environmental Con•
servation promulgated pursuant to
.the State Environmental Ouaifiy
'Review Act, Ens Ielion of
which es proposed, tis Town Board
hes detemined will not result In any
:%nNkant environmental,eflecle;
WHEREAS, It is now desired to
cell a public hearing for the purpose
of considsrug saki map, plan and
report, including estimate of cost,
and to hear all person Interested in
the sublsct thereof concerning the
same, ell in accordance with the pro
visions of Section 209q of the Town'
Law: NOW, THEREFORE, BE IT
ORDERED, by the Tam Board of
the Town of Wapphnger, DutcMu
County, New York, as follows:
Section 1. A public meeting of the
Town Board of the T oflNapp
Inger, Dutchess County, New York,
shall be- heli at the Town Half, 20
Middlebush Road, In Wappingers
Fabs, New York, In said Tam, on 0n
25th dey ofbl
Feuery, 1991, el 7:05
o'dodc P.M., Prevailing Time, to con
skier the aforesaid map, plan and
report, indudlp setlmets ol owl
and to hear an persona Interested In
the subject thereof conwrnlrp tin
same and to take such action
thereon as is required by few.
Section 2. The- Tam Clark .la
hereby authorized and dlracted to
.cause a copy ol this Orders to be
published once kr The Southern Out -
hen News. and slw to post acopy
thereof on the tam signboard maim-'
stained by the Town Clark, not lase
than ten (10) nor more thantwenty
( � dap=re a sispfnoorv��IipdrnaA M go. ' 10► 2119'gnsanoln9tM Tovm Lew ol Seo
Section 3. This Order shell take sl
a fact immediately.
The question of thi adoption olthe
yroregoing order was duly put to a
vote onrokgsllfollows:, I; which ns "d; as
CC"Ittence 0, Smith VOTING ;Aye
Viotor Fanuols'VOTINO A
R
Voidedonato VO NG Aye
Aye
June Visconti VOTING Aye
The Order was_ tM,nupon
8outh'42. 41' 40" East 63.55 feet
South 44. 1 r 20" East 479.00 last
to a saki point heMp el the nor-
Interescllons of lot Nos. 63
and es lath down on a map entity
ad "Map of Tab Trees - Section 2,"
on file In the Dutehees Count1yy
Clark's Office as I Map No. 336(;
thence Brat in a southeastary direct
Non and thence a southwesterly
dlrecii n along the northern line of
Lot No. 93 and the westerly lines of
Act Nos. 93, 92, 01, 80t 59, and
Recreation, and Water Storeys
Area of File Map No. 3364, the
following bearings and dlstartcos:
South 441 it 20" East 212.99 fast
South 42.31 20 East 120.34 feet
South 450 59 20 ' Ent 141.04 fast
South 41` 02' 20'=' WON '1,212.86-
fast
"to to"point. said pI nt being the
southerly corrnr of the Recreation
lot: V" In ■ west direction
along to southwastery lines of the
Recreation Area, unnumbered lot,
Lot Nos. 56, 55, 54, 53, 52, 51, 60,
49, 48, 47, 49, 45 and the area re-
talned for web water supply, the
foltobearings and distances:
North • 23' 30' West 433.78 feet
North 44° 09' S0" Wss1750.141oet
North 44° 25' 40" WW 492.33 fast
North 440 23' 10" West 445.98 feet
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Elisabeth-Inacker '
................................................. of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the ...Bookkeeper;,,,,,,,
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for one weeks
successively in each week, commencing on the
...13th day of .February„ 19.91 and on the
following dates thereafter, namely on
.................................................................
and ending on the ...13th,,, day of .....Feb;,
19 91. both days inclusive.
t
wn
Subscribed and sworn to before me
this ,13th,,,, day of .... Fe�r'v �1
.....................................
. ..... . ..... ...
Notary Public
Mycommission expires .................................
RACH, -L WISHART
NCTARY P'lri i, -,?;Elly YORK
n
COMMISSION EXPIRES MARCH 31, 194