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1991-01-28 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JANUARY 28, 1991 - - - - - - - - - - - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3'. ACCEPT MINUTES: Reorganizational Meeting January 2, 1991 4. REPORTS OF OFFICERS: ANNUAL REPORTS FROM; Judge Wolfson & Building Inspector MONTHLY; Zng Adm. Bldg. Insp. T/Justice Dog Control Officer Receiver of Taxes Sup/Compt 5. PETITIONS & COMMUNICATIONS • a. G. Foster, H. Supt. requests permission to seek bids for: Wheel Loader, Flusher Truck, &current Backhoe .b. H. Redl Corr. to Zng. Adm. requesting realignment of "BH" line w/Zng. Adm. recommendation ,c. Bruce Stotz, Wappingers Falls Trailer Pk, request consideration of becoming a Tenant to Atlas Water when District is in place .d. Letter of Credit for Lawrence/Redl Subdivision ,e. R. Holt, Ch. Rec. Comm., requests $25,000 from Parkland Trust to complete 3 items at Castle Point Rec. Area f. Requests for return of Escrow Funds from: New Hackensack Reforme Church and Lawrence/Redl Subd. ($3,000) with recommendations from Zng. Adm. ,g. J. Paggi, PE, Eng. to Town, Reports: (1) Final Field'Survey, Atlas Water System (2) Watershe Rules & Regs, Sprout Creek Aquifer (3) Hussain Pump Station h. Vacancy due to expiration of Term: Jas. Tompkins (5yr) i. Set Dates for various Special Town Board Meetings (in Feb.) ,j. Notice of Completion of DEIS (Amended) - Expansion of Tri -Muni Sewer Comm. Wastewater Treatment Plant 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Receipt by Town Clerk of ORDER from State Comptroller of approval of formation of North Wappinger Water District - with FINAL ORDER establishing said District b. Approve Contract for Dial -a -Ride & authorize Supervisor to sign c.Resolution for submission of application to County Dept. of planning for Dutchess Co. Community Dev. Consortium Funds d. Introduce, and set P. H. for Zng. Amendment re: Bd. of Architech. Review e. Introduce Local Law amending Senior Citizens Tax Exemptions f. Introduce Local Law amending Rates for 0 & M for Wapp. Sewer IA hl g. Introduce Loca�} aw amending Cooper Rd. & Smithtown Rd. STOP intersections h. Bond Resolution for North Wappinger Water District 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNEMNT W The Regular Meeting of the Town Board of the Town of Wappinger was held on January 28, 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 June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Graham Foster, Highway Superintendent Herbert Levenson, Zoning Administrator All joined in the Pledge of Allegiance to the Flag followed by a moment of silence in recognition of our troops in Saudi Arabia. The Minutes of the Reorganizational Meeting of January 2, 1991, having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the Minutes of the Reorganizational Meeting of January 2, 1991, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Two Annual Reports were received from Judge Wolfson and the Building Inspector; in addition Reports were received from the Building Inspector Town Justice Wolfson, Building Inspector, Dog Control Officer for the month of January, Zoning Administrator September thru December 1990, and Receiver of Taxes for November. MRS. VISCONTI moved to accept the above stated Reports and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried A request was received from the Highway Superintendent to go to bid on a wheel loader to replace the 1967 Hough loader and a flusher truck to replace the 1970 flusher; also the purchase of the current 580 Case backhoe at the expiration of the current lease for $4,200. 19 Mrs. Smith explained that the Highway Department has a fund balance which is quite large and rather than include it in the 1991 budget which she was keeping very lean, she preferred that they use the 1990 fund balance. The third item, purchasing the backhoe when the lease expires, does not need to be put out to bid, and purchase was approved. MR. INCORONATO moved to authorize the Highway Superintendent to go to bid on the wheel loader and flusher truck. Seconded by Mr. Valdati Motion Unanimously Carried Herbert Redl wrote to the Zoning Administrator requesting realignment of HB line with a recommendation from Mr. Levenson. The Board Members wished to discuss this at a work shop. MR. VALDATI moved to refer this matter to a work shop on February 11, 1991 at 8:30 P.M. Seconded by Mr. Incoronato Motion Unanimously Carried Bruce Stotz, President of the Wappingers Falls Trailer Park, petitioned the Board to allow the Park to become a tenant to the water district which will be formed when the purchase of the Atlas Water System by the Town is finalized. This was referred to a work shop on March 11, 1991, time to be scheduled at a later date. A Letter of Credit was submitted by Mr. Redl for the Lawrence/Redl Subdivision in the amount of $220,864.35, dated January 7, 1991. The document and correspondence was received late and the Board Members wished to review it and their first reaction was to table it until the next meeting. Mr. Redl asked them to consider this as he has waited quite a while to get it in order for the Town Board and the Supervisor agreed that they would take a few minutes to review this. MR. VALDATI moved to accept the Performance Bond issued by Herbert Redl, secured by a Letter of Credit, dated January 7, 1991, in the amount of $220,864.35 and also accepting a cash bond for recreation, as required by Planning Board Resolution of December 10, 1990. Seconded by Mrs. Visconti Motion Unanimously Carried 20 Ralph Holt, Chairman of the Recreation Commission requested additional monies from the Parkland Trust Fund to upgradethe Castle Point Recreation Area. They had a balance of $13,639.11 and were now requesting $11,360.89 from this fund in order to have $25,000 on hand for the 1991 projects at this area; in addition they needed $17,000 from the Parkland Trust to go to bid for a new tractor which was needed due to the additional 30+ acres of grass to mow. Assuming that these requests would be granted, there would be a balance of $120,754.71 left in that fund. MRS. VISCONTI moved to approve the requests made by the Recreation Commission for $11,360.89 from the Parkland Trust Fund added to the balance of $13,639.11 to total $25,000 to complete 1991 projects, plus an additional $17,000 for the purchase of a tractor. Seconded by Mr. Incoronato Motion Unanimously Carried A second request from Mr. Holt was an increase in salary for the Recreation Director, Bernard Reimer in the amount of $700. He pointed out that Mr. Reimer has been with them a number of years and has acquired much knowledge and background in this field; he felt that the salary should be brought into line with the amount that the neighboring towns are paying. If approved, the increase would bring his annual salary to $6,530. He also requested an increase for the full time Secretary to the Commission in the amount of $500 and if approved would bring her annual salary to $16,000. The increases, Mr. Holt stated would be expended from the Recreation budget. Mrs. Visconti moved to approve the increases as she felt they had two excellent people and there was additional work involved due to the Town taking over the Senior Citizen Program. Mr. Fanuele did not concur with this action as he felt they were given raises for 1991 and it would not be fair to the other employees. The Board had discussed raises at budget time and gave, what they felt was a fair percentage and that should be it for the year. Mrs. Smith agreed that the Secretary should not receive an increase but she did not think the Director had received a raise for this year. At this point, Mr. Valdati stated that they needed a work shop to discuss this matter. All agreed, Mrs. Visconti withdrew her motion, and the Supervisor scheduled this discussion for the work shop on February 11, 1991. 21 Requests were received from the New Hackensack Reformed Church for the return of escrow for extension of the parking lot in the amount of $1,000, and from Herbert Redl for refund of preliminary subdivision fees in the sum of $3,000 which had been previously been paid at the time of the initial subdivision application. All required forms were received to process the return of the monies to the respective applicants. MR. VALDATI moved to return the monies to both applicants, as recommended by the Zoning Administrator. Seconded by Mr. Fanuele Motion Unanimously Carried A report was received from the Engineer on the Final Field Survey of the Atlas Water System; he explained that they have been conducting tests over the last four or five months with the Atlas personnel, the last one on December 14, 1990 and subsequent submittals by Atlas. It was his opinion that the existing components of the system are in proper working condition and the Town should proceed in finalizing the formation of the North Wappinger Water District. MRS. VISCONTI moved to accept the Report and place it on file. Seconded by Mr. Fanuele Motion Unanimously Carried The second report was on Watershed Rules and Regulations, Sprout Creek Aquifer. The Supervisor wished to move on this since they are in violation of some of the applicable rules due to the fact that this Board thought everything was in place as stated by the previous adminis- tration. There were still many steps to be taken before it could be finalized and his best guess was maybe completion by the middle of this year. Authorization was required for the Engineer to prepare the Map, Plan and Report for the Watershed Rules for Central Wappinger Water Improvement Area, also for the installation of chlorine detention facilities. MRS. VISCONTI moved to authorize the Engineer to the Town to prepare the Map, Plan and Report for Watershed Rules and Regulations for CWWIA and Installation of Chlorine Detention Facilities for CWWIA. Seconded by Mr. Incoronato Motion Unanimously Carried 22 A final report from the Engineer referenced the ongoing problem that Mr.Hussain is experiencing with the Pondview Pump Station located in his front yard. Mr. Paggi had previously submitted plans to the Dutchess County Health Department to alleviate this situation, however they were rejected. Recently the Town Board suggested resubmittal after receiving further complaints from Mr. Hussain. This was done. In this report Mr. Paggi stated that they had made another application to the Health Department to construct an overflow line in the vicinity of the Pump Station; he enclosed a response from the Health Department again rejecting this proposal since eliminating Mr. Hussain's intermittent unsanitary conditions, by creating a new public health nuisance, is not a viable option which they could consider. He recommended that the Town pursue the construction of the Tri -Municipal connection which the depart- ment felt was the only permanent solution visible at this time. A brief discussion between the Board and the Engineer did not result in any further solutions to alleviate the problem. MRS. VISCONTI moved to accept the report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried A vacancy existed on the Zoning Board of Appeals due to the expiration of James Tompkins' term. Mrs. Visconti wished to offer the name of Joel Sasser who had submitted a resume for this vacancy. Mr. Incoronato had a problem with this appointment since there was an incumbent who was interested in being reappointed and the Minutes of this Board indicate that his judgment is sound, fair and knowledgeable in his decisions regarding applicants who appeal before this Board. Mr. Tompkins is the Fire Inspector for the Town of Fishkill so he has expertise in that field when applicable for their decisions and he has served well for the last five years so he does not understand the sudden decision not to reappoint him. In the matter of appointing Mr. Sasser he has a grave concern since he works for the Chelsea Ridge Management Corp., his employer is Mr. Rosenberg who owns many parcels of property throughout the Town and the applicant could find himself with conflicts of interest which could affect his judgment on decisions in front of the Zoning Board. He feels that in appointing this individual, it would be like appointing his employer who is involved in land ownership, holdings, enterprises, many which are unknown to the public. The Supervisor did not agree with this reasoning and felt they should 23 have new blood on the Board. She knows the applicant through the Rotary and has worked with him on many committees; she has found him to be very fair and a hard worker. Although he has the misfortune of working for Mr. Rosenberg, this should not affect the decision of the Board; if a case involves his employer, he does not have to be involved in the vote, just like an employee of I.B.M. or anyone else for that matter. -. Mr. Fanuele added that he would go along with the incumbent as he felt they had no reason to replace him. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Joel Sasser be andhe is hereby appointed as a member of the Town of Wappinger Zoning Board of Appeals to fill the vacancy created by the expiration of the term of James Tompkins, and BE IT FURTHER RESOLVED, that Joel Sasser shall serve on the said Zoning Board of Appeals for a five year term which will expire in January of 1996. Seconded by: Supervisor Smith Roll Call Vote: 3 Ayes Councilman Fanuele------- Nay Councilman Incoronato ---- Nay Resolution Duly Adopted Mrs. Visconti asked that a letter be directed to Mr. Tompkins thanking him for his services for the past five years on the Zoning Board of Appeals. Mr. Incoronato noted that he will be watching the Minutes of the ZBA very carefully henceforth. The Supervisor had schedulaithe following important dates in relation to the Tri -Municipal Sewer expansion. Feb. 5, '91,-------Tuesday-----7:30 P.M .-----Public Hearing -Tri -Muni Comm. Feb.11, '91,-------Monday------7:30 P.M. -----Workshop Feb.13, 191 ------- Wed .--------7:00 P.M .-----W.S.-Review DEIS w/Rudikoff Feb.19, '91---------------------------------FEIS due to Town Board Feb.21, '91 ------- Thurs.------7:00 P.M .-----Sp. T/B Accept FEIS as complete Feb.25, 191 ------- Mon .--------7.30 P.M .-----Town Board Mtg. Feb.27, '91 ------- Wed .--------7:00 P.M .-----Review w/Rudikoff on Findings Mar.11, '91 ------- Mon .--------7:00 P.M .-----Sp. T/B-Adopt Statement of Findings & Adopt Res.authorize Impr.& Supr. to sign 7:30 P.M. -----Workshop The Town received the Notice of Completion of DEIS (Amended) on the -1P Expansion of Tri -Municipal Sewer Commission Wastewater Treatment Plant. MR. INCORONATO moved to receive the Notice and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried 24 A request had been received from the Wildwood Manor Condo for street lights along the front property due to recent break-ins and vandalism. The Supervisor had responded to this request and informed the Manager of the Condo that the Town cannot install street lights unless they are at Town/State or Town/County intersections. If they wish to pursue a street lighting district it would have to be at their expense for the maintenance. Committee Reports --- Mr. Fanuele, Recycling, distributed an article to the Board Members entitled "Make Your Environment Dirtier, Recycle"; it seems that certain articles being recycled take more energy and cause more pollution than the recycled material would have caused. Neither Mr. Valdati nor Mr. Incoronato had reports for this meeting. Mrs. Visconti, Recreation, wished to compliment Mr. Holt, Chairman of the Recreation Commission on the grant they recently received for the boat ramp in Chelsea and the picnic tables for Castle Point, from the Heritage Task Force. They received $500 -picnic tables and $1,000 for the boat ramp. Dial -A -Ride --- meeting set with the Supervisor tomorrow to discuss concern of Senior Citizens on arriving late for their program. Mrs. Visconti had spoken to the dispatcher and the operations director and they felt a discussion was in order to determine just what the organiza- tion is responsible for. Mrs. Smith added that they're having such a good time at the Town sponsored program, that they don't want to be late. Mrs. Visconti pointed out that the entire Board of Dial -A -Ride was made aware that the Town of Wappinger has a group that rides Dial -A -Ride and is committed to making the transportation program work. Next month they'll be 13 new buses. There was discussion on procuring an additional bus for the Town since the center might expand to Monday. Mrs. Visconti gave the following statistics on trips for 1990 in the following towns--Wappinger, 4,885, Fishkill, 2,704, East Fishkill, 2,500, City & Town of Poughkeepsie, 5,900, Pleasant Valley, 133, La Grange, 78, Beekman, 57. It has been indicated that Wappinger is very close to the limit in the amount of space and availability and might need an additional contract ---this will also be addressed. Mr. Fanuele added to the Recycling, noted that he had received figures from the Supervisor and had worked on tables, etc. and would like to 25 review this at a work shop; Mrs. Smith agreed as she felt they would have to raise the price of the refuse disposal bags, but he wanted to have a discussion before they took any action. This was scheduled on the February 11th work shop. Resolutions --- An Order was received from the Office of the State Comptroller approving the Establishment of the North Wappinger Water District. RESOLUTION ADOPTING NEGATIVE DECLARATION OF SIGNIFICANCE FOR NORTH WAPPINGER WATER DISTRICT --------------------------------------------------------- The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town Board has previously determined it is in the best interests of the Town to purchase the Atlas Water Company, a privately owned water company located within the jurisdictional limits of the Town of Wappinger, at a maximum estimated cost of $525,000.00; and WHEREAS, It is intended that the cost of the purchase price of Atlas Water Company shall be allocated amongst the Wappinger - Cranberry Water Improvement Area, the Myers Corners II Water District and the North Wappinger Water District; and WHEREAS, the amount allocable to the North Wappinger Water District for the purchase of Atlas Water Company is the sum of $49,557.41; and WHEREAS, the Town Board has heretofore received a map, plan and report prepared by Paggi and Martin, Engineers to the Town, entitled "Engineer's Report Proposed North Wappinger Water District", dated March 1989, and WHEREAS, an Environmental Assessment Form has been prepared and was made part of the Engineer's Report and was made available for public inspeciton; and WHEREAS, at its September 7, 1989 Town Board meeting, the Town Board determined that it was the only agency involved in this project and for purposes of SEQRA determined itself to be lead agency and scheduled a public hearing on the proposed formation of the North Wappinger Water District; and WHEREAS, by Verified Petition dated October 6, 1989 and Supplemental Verified Petition dated November 26, 1989 the Town made application to the State of New York Department of Audit and Control for the formation of the said North Wappinger Water District; and WHEREAS, the Department of Audit and Control approved the Petition and by Order of the Comptroller of the State of New York dated December 28, 1990, authorization was granted to establish the North Wappinger Water District; and WHEREAS, the Town Board has determined it to be in the best interests of the Town to proceed with the formation of the North Wappinger Water District and to cause to be filed a final Order thereon in accordance with law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 26 1. The Town Board hereby determines it is in the best interests of the Town of Wappinger to finalize the formation of the North Wappinger Water District as originally set forth in a Map, Plan and Report prepared by�Paggi and Martin, Engineers to the Town of Wappinger, entitled "Engineer's Report Proposed North Wappinger Water District dated March 1989, copy of which is on file with the Town Clerk. 2. The Town Board hereby determines that the proposed action was an unlisted action, and has reviewed theintended action with respect to the criteria set forth in part 617.11 11-NYCRR, and hereby determines that the intended action will not create any significant impacts on the environment and hereby issues a NEGATIVE DECLARATION OF SIGNIFICANCE for this project. 3. 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. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted The following Resolution was offered by COUNCILMAN FANUELE who moved its adoption, seconded by Councilwoman Visconti and unanimously carried. IN THE MATTER OF THE ESTABLISHMENT OF THE NORTH WAPPINGER WATER DISTRICT OF THE TOWN OF WAPPINGER, FINAL ORDER DUTCHESS COUNTY, NEW YORK ------------------------------- (The Order is attached hereto and made part thereof of the Minutes of this Meeting). The Dial -A -Ride Contract was placed before the Board for their consideration. MRS. VISCONTI moved to approve the contract wi.th.Dial-A-Ride.and authorize the Supervisor to sign said contract. Seconded by Mr. Incoronato Motion Unanimously Carried A Public Hearing having been held on January 16, 1991 on the Dutchess County Community Development Consortium for Fiscal Year, 1991, the matter was placed before the Board for their consideration. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the Town of Wappinger is participating in the Dutchess County Community Development Consortium for Fiscal Year 1991, and WHEREAS, input from citizens and groups has been received and considered, and WHEREAS, a Community Development Plan has been prepared and reviewed, and 27 WHEREAS, an application has been prepared which is in conformance with said plan, NOW, THEREFORE, BE IT RESOLVED that the Dutchess County Community Development Consortium Fiscal Year 1991 application for the Town of Wappinger, including the certifications included therein be and hereby is approved, and BE IT FURTHER RESOLVED, that the submission of said application to the Dutchess County Department of Planning be and hereby is authorized, We, the Town Board of the Town of Wappinger hereby authorize the following Consortium Funds be allocated to the following projects: 1. Senior Citizens Wappinger Center $25,000. 2. Senior Citizens Zion Church Center 8,094. 3. Dial-A-RIde 13,816. 4. Castle Pt. Handicapped Restrm. Facility 46,000. 5. Wapp.Centr. School Distr. Anti Drug Prg. 35,000. 6. Deer Hill Conf.Handicapped Accessible 26,000. 153,910. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Resolution Unanimously Adopted A proposed Local Law Amending Section 428 of the Zoning Ordinance regarding the Architectural and Historic District Advisory Board was placed before the Town Board for their consideration. Mrs. Smith explained that they had discussed deleting this Board since it is not accomplishing what it was intended for and the Planning Board could include this function in their process.. The following REsolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the Town Board has determined that it is no longer in the best interests of the Town to continue the Architectural and Historic District Advisory Board as authorized by Section 428 of the Zoning Ordinance of the Town of Wappinger, heretofore adopted by a Resolution amending the Zoning Ordinance of the Town of Wappinger on December 1, 1986, and WHEREAS, the Town Board has determined it to be in the best interests of the Town to delete Section 428 of the Zoning Ordinance of the Town of Wappinger and to otherwise abolish the duties and authority of the ARchitectural and Historic District Advisory Board, and WHEREAS, the Town Board desires to formally consider the adoption of a proposed Local Law of 1991 to delete Section 428 of the Zoning Ordinance of the Town of Wappinger and to otherwise abolish the Architectural and Historic District Advisory Board created pursuant to said Section 428. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the Town Board of the Town of Wappinger hereby introduces the annexed proposed Local Law of the year 1991 "Local Law Amending Section 428 of the Zoning Ordinance of the Town of Wappinger entitled "Architectural and Historic District Advisory Board" for consideration of its adoption by the Town Board, 2. The Town Board hereby determines that the intended action, i.e. the adoption of the proposed Local Law, is both an unlisted action pursuant to Article ECL and the related Title 6 Part 617 NYCRR and, Local Law 2 of the year 1977 "Environmental Quality Review" and an action for which there are no other involved agencies, 3. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant Article 8 ECL and the related Title 6 Part 617NYCRR. 4. 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 as Exhibit A. 5. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR, and hereby determines that the intended action will not create any significant adverse affects on the environment and hereby issues a NEGATIVE DECLARATION OF SIGNIFICANCE for this project. 6. The Town Supervisor is hereby authorized to accept 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. 7. The Town Board of theTown of Wappinger hereby schedules a public hearing regarding the adoption of the proposed Local Law for 7:15 P.M. on March 11, 1991, and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspaper not less than ten days prior to the said public hearing date. 8. The Town Board of the Town of Wappinger further -directs the Town Clerk as follows with regard to the proposed amendments: a. To distribute a copy of this Resolution, the annexed amendments and the Notice of Public Hearing to the municipal Clerk of each abutting municipality not less than ten days prior to said Public Hearing, b. To distribute a copy of this Resolution and the annexed amendments to the Dutchess County Planning Department for advisory review in accordance with Section 239 of the General Municipal Law, and C. To distribute a copy of this Resolution and the annexed amendments to the Town of Wappinger Planning Board for their recommendation to be received within 30 days hereof. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted A LOCAL LAW AMENDING SECTION 428 OF THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER ENTITLED "ARCHITECTURAL AND HISTORIC DISTRICT ADVISORY BOARD". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1 - LEGISLATIVE FINDINGS AND PURPOSE - The Town Board of the Town of Wappinger by Resolution dated December 1, 1986 amended its Zoning Ordinance by the creation of Section 428 of the Zoning Ordinance of the Town of Wappinger entitled "ARCHITECTURAL AND HISTORIC DISTRICT ADVISORY BOARD". Said Section 428 established the Architectural and Historic District Advisory Board to review in certain instances the architectural and landscaping plans of certain sites and structures proposed to be developed and constructed within the Town of Wappinger. The Town Board has determined that the creation of the Architectural and Historic District Advisory Board was illadvised and its function and duties have proved to be impractical causing unnecessary and unneeded delays in the processing of site 29 development plans and special use permits within the Town of Wappinger. SECTION 2 - DELETION OF SECTION 428 - Section 428 of the Zoning Ordinance of the Town of Wappinger entitled "ARCHITECTURAL AND HISTORIC DISTRICT ADVISORY BOARD" is hereby deleted in its entirety including all subsections thereof: The ARCHITECTURAL HISTORIC DISTRICT ADVISORY BOARD is hereby abolished and all of its powers and duties as set forth in Section 428, and the subsections thereof, are hereby rendered null and void. SECTION 3 - SEVERABILITY - The provisions fo this Local Law are separable, and if any provision, clause, sentence, sub- section, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circum- stance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this Ordinance or their application to other persons or circumstances. It is hereby declared that this Local Law would have been adopted as if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein and if such person or circumstance to which this Local Law or part thereof is held inapplicable, had been specifically exempt therefrom. SECTION 4 - EFFECTIVE DATE - This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by law. The following Local Law was introduced by COUNCILMAN VALDATI: 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, Local Law No. 2 of 1980, Local Law No. 6 of 1980, Local Law 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) 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 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 II: 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: 30 INCOME NET EXCEEDING: FXF.MATTnu $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 III: This Local Law shall take effect immediately upon adoption and filing as provided by Municiple Home Rule. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held January 28, 1991, a proposed Local Law amending previous 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, and WHEREAS, the provisions of the Municipal Home Rule Law require that no local law shall be passed by the legislative body of the Town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 25th day of February, 1991, at 7:00 P.M. on such day, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays The following Local Law was introduced by COUNCILWOMAN VISCONTI: A Local Law amending Local Law No. 5 of 1976, No. 14 of 1984, No. 10 of 1985 and No. 10 of 1988. BE IT ENACTED by the Town Board of the Twon of Wappinger, Dutchess County, New York as follows: SECTION I: Section 2 of Local Law No. 10 of 1988 is hereby amended to read as follows: SECTION II: 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 III: This Local Law shall take effect upon adoption and filing as provided by Municipal Home Rule Law. The following Resolution was offered by COUNCILMAN FANUELE who moved its adoption: 31 WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held on January 28, 1991, a proposed Local Law amending previous Local Laws with respect to the Establishment of Sewer Rates for the Wappinger Sewer Improvement Area #1, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the legislative body of the Town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 25th day of February, 1991 at 6:45 P.M. on such day, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the Town Board has received a recommendation from the Superintendent of Highways that a stop sign be located at Cooper Road with its interesection with Smithtown Road in the Town of Wappinger, and WHEREAS, the Town Board has determined that Cooper Road be designated a full stop street and that a stop sign be appropriately erected, NOW, THEREFORE, BE IT RESOLVED, 1. The Town Board hereby introduces for adoption 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 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 aforesaid Local Law of 1991 to be held at the Town Hall on the 25th day of February, 1991 at 6:50 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: 5 Ayes 0 Nays 32 A LOCAL LAW AMENDING LOCAL LAW NO.7 OF 1989 REGULATING TRAFFIC IN THE TOWN OF WAPPINGER BE IT ENACTED by the Town Board of the Town of Wappinger 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. Full Stop Streets The following roads and highways are hereby designated as full stop streets and interesctions, 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. 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 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 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 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 inprisonment. 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. 33 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. A RESOLUTION AUTHORIZING THE ISSUANCE OF $49,557.41 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF CERTAIN IMPROVEMENTS FOR THE NORTH WAPPINGER WATER DISTRICT IN SAID TOWN. The following Resolution was offered by COUNCILMAN INCORONATO who moved its adoption: WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-A of the Town Law, and more particularly an Order dated January 28, 1991, the Town Board of the Town of Wappinger, Dutchess County, New York has established the North Wappinger Water District in the Town of Wappinger; and WHEREAS, the improvements proposed for said Water District consist of (1) the presently existing distribution system comprised of 4 -inch, 6 -inch, 8 -inch and 10 -inch asbestos cement type water mains, services, valves, meters and hydrants to be acquired without cost from the present owner, the Atlas Water Company, and (2) the source supply components comprised of four potable water valves of the gravel pack type, pumps, tank house, pump house, hydro - pneumatic tank, electric controls, pressure gauges and controls generator, land, and the existing 12 -inch asbestos cement water main, to be purchased from the present owner, Atlas Water Company at a cost of $525,000 of which $49,557.41 is allocable to the North Wappinger Water District for its undivided interest in such components and the remaining cost is to be allocated to the Wappinger-Cranberry Water Improvement Area and the Myers Corners II Water District, or any successor or successors thereto, as more fully described in the aforesaid Order establishing said North Wappinger Water District of the Town of Wappinger; and WHEREAS, the aforesaid project 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 authorize the financing of such capital 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 North Wappinger Water District's share of the cost of (1) the presently existing distribution system comprised of 4 -inch, 6 -inch, 8 -inch and 10 -inch asbestos cement type water mains, services, valves, meters and hydrants to be acquired without cost from the present owner, the Atlas Water Company, and (2) the source supply components comprised of four potable water valves of the gravel pack type, pumps, tank house, pump house, hydropneumatic tank, electric controls, pressure gauges and controls generator, land, and the existing 12 -inch asbestos cement water main, to be purchased from the present owner, Atlas Water Company at a cost of $525,000 of which $49,557.41 is allocable to the North Wappinger Water District for its undivided interest in such components and the remaining cost is to be allocated to the Wappinger-Cranberry Water Improvement Area and the Myers Corners II Water District, or any successor or successors thereto, there are hereby authorized to be 34 issued $49,557.41 serial bonds of the Town of Wappinger, Dutchess County, New York pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost to the North Wappinger Water District of the Town of Wappinger of said District's allocable share of the aforedescribed improvements is $49,557.41 and the plan for the financing thereof shall consist of the issuance of the $49,557.41 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. No downpayment is required pursuant to section 107.00(d)(3)(a) of the Local Finance Law. 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 bondsherein 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 bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land L within the North Wappinger Water District which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes with limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. 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 expend money, 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: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted 35 Unfinished Business --- Mrs. Smith referred to a communication re the Castle Point Landfill received today indicating that the Town has 210 days to complete the work required on closing of landfills. The previous administration had authorized Camo Pollution Control to complete this work for the amount of $16,424. They have agreed to keep this price as is, however in the letter received today to accept the plan submitted there were by the Engineer/two conditions and in a previous letter there were also two conditions, so there are four new conditions which could cost additional money. Mr. Paggi explained that the conditions involved monitoring of wells, following up on the results of tests and try to determine what is happening underneath and the direction of the flow of the ground water. Since this is new information, there is no figure amount available at this time for the additional work that the D.E.C. requires. MR. INCORONATO moved to authorize Camo Pollution Control to commence the work required on the Castle Point Landfill and extend the cost of the contract to cover the extra work and authorize the Supervisor to sign said contract. Seconded by Mrs. Visconti Motion Unanimously Carried The Supervisor preferred that the additional cost be in writing for the extra work required so that they are all aware of it, however the Engineer could not quote a figure on it at this time since it was not his work, but Camo's, but he would follow it up as soon as he could. Another item for consideration by the Board was the matter of the installation of chlorine detention facilities for Tall Trees Water Improvement Area. Mr. Paggi explained that the Dutchess County Department of Health have strongly advised that this be done after receiving a report of the last testing done in December. He sub- mitted copies of the map, plan,report on this project to the Town Clerk for distribution to the Board and he requested them to set a public hearing to set up a new Improvement Area for the bonding of the work. He added that the same work will have to be done for the Central Wappinger Water Improvement Area and required authorization to prepare the map, plan and report. 35a 1 MRS. VISCONTI moved to authorize the Engineer to the Town to prepare the Map, Plan and Report for the installation of chlorine detention facilites for the Central Wappinger Water Improvement Area. Seconded by Mr. Fanuele Motion Unanimously Carried A resolution for the Negative Declaration for the proposed Tall Trees Water Improvement Area No. 2 was placed before the Board for their consideration. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E., has prepared a Map, Plan and Report regarding the immediate need for the installation of chlorine treatment facilities for the Tall Trees Water System, all as set forth in a certain Map, Plan and Report dated the 28th day of January, 1991, prepared by Paggi and Martin, copy of which is on file with the Town Clerk of the Town of Wappinger; and WHEREAS, the total cost for said project es expected to be $27,775.00; and WHEREAS, the Town Board has determined it to be in the best interests of the Town to install the chlorine facilities of the Tall Trees Water Plant as set forth in the aforementioned Map, Plan and Report. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the Town Board of the Town of Wappinger does hereby determine it is in the best interests of the Town to install the chlorine facilities at the Tall Trees Water Plant as set forth in the Map, Plan and Report from Paggi and Martin dated January 28th, 1991, a copy of which is on file with the Town Clerk. 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 617 NYCRR. 3. The Town Board has caused to be completed part 1 and part 2 of a short form EAF for this project and the form annexed hereto is Exhibit "A". 4. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 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 of same as provided by law. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted 36 The following Resolution was offered by COUNCILMAN INCORONATO who moved its adoption: In the Matter of a Proposed Water Improvement in the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12-C of the Town Law, to be Known as Tall Trees Water Improvement Area No.2 ORDER CALLING PUBLIC HEARING WHEREAS, a map, report and plan, including an estimate of cost, 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 installa- tion 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 whose boundaries shall consist of the areas specified in Appendix A as attached hereto and hereby made a part hereof (said boundaries being the same as those of the existing Tall Trees Water Improvement Area), as more fully shown upon a map on file in the office of the Town Clerk, which map is available for inspection by any person or persons interested in same during regular office hours at said office; and WHEREAS, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and WHEREAS, the capital improvements proposed in connection with the establishment of the Tall Trees Water Improvement Area No. 2 of the Town of Wappinger are the purchase and installation of a hydropneumatic pressure tank, together with piping, valves and other appurtenances and related improvements in connection therewith and including pump testing and works approval in connection with two wells, at a maximum estimated cost of $27,775; and WHEREAS, said maximum estimated cost shall be authorized to be financed by the issuance by the Town of Wappinger of its serial bonds with a maximum maturity not in excess of the forty year period prescribed by the Local Finance Law; and WHEREAS, said maximum estimated cost is not greater than one- tenth of one per centum of the full valuation of taxable real property in the area of the Town of Wappinger outside of any villages; and WHEREAS, it is proposed that the cost of the aforesaid improve- ments shall be borne by the real property in said Tall Trees Water Improvement Area No. 2 by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefitted by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and 37 WHEREAS, the aforesaid improvements.have 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 call a public hearing for the purpose of considering said map, plan and report, including estimate of cost, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the �•.. provisions of Section 209-q of the Town Law, NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 25th day of February, 1991, at 7:05 o'clock P.M., Prevailing Time, to consider the aforesaid map, plan and report, including estimate of cost, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once the Southern Dutchess News, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This ORder shall take effect immediately. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted (Appendix A, Legal Description, Tall Trees Water Improvement Area No. 2, attached hereto and made part thereof of the Minutes of this Meeting). Mr. Fanuele inquired the status of a street light requested by residents of Kendell Drive for the intersection of that road and Old Hopewell Road, however, no response had been received from Central Hudson. At Mr. Fanuele's request, the Engineer gave a report on recent inflow and infiltration work done in the Wappinger Sewer Improvement Area #1 -- the work was completed on September 26, 1990 and he two months data, October and November. They measured the influent flow into the plant and the pump hours for the Kent Road Pump Station. A report giving specific figures and comparisons will be forthcoming from the Engineer. In regard to the previous Resolution on Tall Trees Water Improvement Area No. 2, a Negative Declaration was determined. W Other items brought up by Mr. Fanuele included date for work shop on Atlas, Pizzagalli interconnection --scheduled for Feb. 11, 1991; community composting location status --still waiting for attorney from County to review contract and forward to Town Board. Concern that Town Board has not received copy of Zoning Ordinance -- Mrs. Smith responded that the completed document received from the Planner was full of mistakes in spelling etc.; has been turned over to Secretary for Planning and Zoning to proof read and work with Zoning Administrator, it will then be retyped and distributed. Signs on Blackthorn Loop have not been installed per Local Law adopted a few months ago --- Mr. Foster has them on order, all staked out, will be placed as soon as received. Reviewed Cablevision Contract, gave Mrs. Smith memo on same, she will forward to Albany. Status of Wappinger Park Water District hookups -- Mr. Paggi reported that all improvements were made with the exception of the last 100' of pipe to connect the Klein well into the distribution system on Cayuga Drive and the holdup is due to negotiations for an easement with Mrs. Sofair; she has retained a local attorney which will speed up the negotiations. Mr. Fanuele presented his picture to the Supervisor, per their agreement to put the photographs of the current officials on the wall in the corridor of the Town Hall. The Supervisor brought up the legal matter with Dutchess Sand and Gravel which the Board has to direct the Attorney to the Town how to handle the matter --shall they appeal the court decision? She felt it was a waste of time and money, however, she asked the other members to make a motion on their decision. The matter stems from the previous administration's lack of action on an application for soil mining in an area of the Town whose residents are served by the Sprout Creek Aquifer and they therefore brought litigation against the Town in order to get a decision from the court. MRS. SMITH moved to inform the Attorney to the Town that the Town Board does not wish to pursue an appeal of the court decision in the matter of the application from Dutchess Sand and Gravel. Seconded by Mrs. Visconti Motion Unanimously Carried W Mr. Incoronato brought up a previous drainage complaint from residents of the Pavillion Condo, off of Old Hopewell Road and asked the Engineer if he had inspected this. Mr. Paggi reported that he had met with the engineer associated with the Lookout Point Subdivision, the source of the drainage problem and had given them a punch list of items to be corrected. Mr. Levenson, Zoning Administrator said they are complying but he will discuss this with the developer and set a deadline for the compliance. New Business --- Mr. Fanuele, Delegate to the Association of Towns, informed the Board that he had received several resolutions that will come up at the meeting and he intends to vote in favor of them unless otherwise directed by the Board. There were eleven in all and the Board Members agreed with his affirmative vote. Mr. Fanuele had his usual gem for the meeting ---while reading an article he decided they have been misguided in the OR category in the Zoning Ordinance; they should have been advised that OR is for ostrich ranching which will use the open space on Route 9 and reduces traffic which would satisfy the Dutchess County Planning Board; it's also a very profitable venture, a three month chick will sell for $3,000; you can invest in this, a mating pair of ostriches goes for $70,000! Another interesting fact is that the feather of an ostrich is the only feather that picks up dirt, so if you have a feather duster made of ostrich feathers you're picking up the dirt instead of rearranging it and you can even make a profit on the feathers if you're raising these fine feathered friends!! He added a few more interesting facts about the ostriches and insisted that they're were lots of ways to make money if we went to ostrich zoning. Mrs. Smith referred to a letter received from the Town Justices requesting two nights a week for court sessions and after a dis- cussion with the Judges, it was agreed that starting in March they will hold court on Tuesday and Thursday nights. Hopefully this help with the overcrowded hallway and the vandalism that has been occurring in the restrooms, etc. The State Troopers have no juris- diction in the building and our Court Officers are busy with their duties so there is noone to keep law and order in the corrider. The Judges have requested a raise for their Officers, so this matter and vandalism control will be discussed at a work shop in February. Mrs. Smith welcomed two Boy Scouts who were present to observe Town government; she hoped they had learned something about it and invited them to attend future meetings. Graham Foster, Highway Superintendent wished to announce that one of the Town's young men had recently been honored by the Boy Scouts; on January 18, 1991, an Eagle Court of Honor was held for Michael Alan Hall, Tor Road, and he felt this award should be recognized by the Town Board. There was no other busines to come before the Board. MR. INCORONATO moved to adjourn the Meeting, seconded by Mrs. Visconti and unanimously carried. The Meeting adjourned at 9:10 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 1/28/91 40 90427-332P At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York in said Town, on January 28 , 1991, at 7:30 o'clock P .M., Prevailing Time. PRESENT: Sup i s oo STA VTCTOR F NUELE Councilman JOSEPH INCORONATO Councilman ROBERT V LDATI Councilman JIINE VISCONTI Councilman In the Matter , of The Establishment of the North Wappinger Water District of FINAL ORDER the Town of Wappinger, Dutchess County, New York WHEREAS, a map, plan and report have been prepared pursuant to Section 209-c of the Town Law, relating to the establishment of a proposed water district in the Town of Wappinger, Dutchess County, New York, to be known as the North Wappinger Water District of the Town of Wappinger; and WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and WHEREAS, the capital improvements proposed to be acquired in connection with the establishment of the North Wappinger 60" Water District of the Town of Wappinger are (1) the presently existing distribution system comprised of 4 -inch, 6 -inch, 8 -inch and 10 -inch asbestos cement type water mains, services, valves, meters and hydrants to be acquired without cost from the present owner, the Atlas Water Company, and (2) the source supply components comprised of four potable water valves of the gravel pack type, pumps, tank house, pump house, hydropneumatic tank, electric controls, pressure gauges and controls generator, land, and the existing 12 -inch asbestos cement water main, to be purchased from the present owner, Atlas Water Company at a cost of $525,000 of which $49,5.57.41 is allocable to the North Wappinger Water District for its undivided interest in such components and the remaining cost is to be allocated to the Wappinger-Cranberry Water Improvement Area and the Myers Corners II Water District, or any successor or successors thereto; and WHEREAS, the method of financing the said Water District's share of the cost of the purchase of said source/supply components from the Atlas Water Company shall consist of the issuance of serial bonds of said Town to mature in annual installments over a period not exceeding forty years, payable in the first instance from annual apportionment and assessment levied upon the several lots and parcels of land within said Water District which the Town Board shall determine and specify to be especially benefitted by said improvements; and WHEREAS, said North Wappinger Water District shall be bounded and described as hereinafter set forth; and WHEREAS, compliance with the provisions of the State Environmental Quality Review Act have been performed and the establishment of the North Wappinger Water District of the Town of Wappinger has been determined to be an Unlisted Action pursuant to the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder, which the Town Board has determined will not have a significant effect on the environment; and WHEREAS, an order was duly adopted by said Town Board on August 17 19 89, reciting a description of the boundaries of said proposed North Wappinger Water District, the capital improvements proposed in connection therewith, the proposed method of financing to be employed, the fact that said map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 7 day of September 1983, at 7:30 o'clock P.M., Prevailing Time, at the Town Hall, in Wappinger Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said proposed North Wappinger Water District and to consider said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, and proof of publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at• which all persons desiring to be heard were duly heard; and -4 - WHEREAS, on September 7 , 1989, said Town Board duly adopted a resolution finding it in the affirmative all of the determinations required by Section 209-e of the Town Law and approving the establishment of the North Wappinger Water District; and WHEREAS, notice of adoption of said resolution was duly published and posted in the manner provided by applicable provisions of the Town Law, and proof of said publication and posting has been duly presented to this Town Board; and WHEREAS, the period of time for the submission and filing of a petition against said resolution and requesting a referendum in connection therewith has elapsed without such a petition being submitted and filed; and WHEREAS, in response to an application duly made pursuant to subdivision 3 of Section 209-f of the Town Law, the State Comptroller has duly made an order, in duplicate, dated December 28 , 1990, granting permission for the establishment of said North Wappinger Water District of the Town of Wappinger, one copy of which has been filed in the office of the Town Clerk and which has been submitted to said Town Board; and WHEREAS, it is now desired to adopt a final order approving the establishment of the North Wappinger Water District in accordance with the provisions of Section 209-e of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The North Wappinger Water District of the Town of Wappinger, Dutchess County, New York, in accordance with the aforesaid order of the State Comptroller is hereby established, to be bounded and described as follows: Legal Description Attached as Schedule "A" North Wappinger Water District District Description Beginning at a point said point being at the northeast corner of Lot Number 1 as shown on a Map entitled "Wildwood Forest - Section 2, filed Map Number 3431 and Section 2A" on file in the Dutchess County Clerks Office as Map Number 3431, said point also being on the southerly line of Widmer Road; thence leaving said northeast corner and running along the southeasterly line of said Subdivision the following courses and distances: South 170 24' 00" West 131.85 feet, South 550 55' 50" West 1,693.63 feet, South 520 49' 10" West 717.06 feet, South 190 10' 10" East 118.00 feet and South 560 55' 20" West 332.29 feet to a point being the southerly most corner of said Subdivision, said point also being the southerly corner of Lot Number 67; thence leaving said corner and running along the southwesterly and westerly line of said Subdivision the following courses and distances: North 180 20' 50" West 647.75 feet, South 570 35' 50" West 207.53 feet, North 310 02' 10" East 1,738.10 feet to a point being.the northwesterly corner of the herein described Subdivision, said point also being the northwest corner of Lot Number 86, and said point also being on the southerly line of said Widmer Road; thence leaving said northwesterly corner and running along said Widmer Road to the southwesterly corner of Lands now or formerly Rood, Liber 1074, Page 100; said point also being on the northerly line of said Widner Road; thence leaving said southwesterly corner and said northerly road line and running along the westerly line of said Rood North 300 51' 20" East 1,229.66 feet to a point being the northwest corner of said Rood, said point also being on the southerly line of Lot Number 30 as shown on a Map entitled "Map of Wildwood Forest" on file in the Dutchess County Clerks Office as Map Number 3176; thence leaving said northwesterly corner and said southerly lot line and running along said line of Lot Number 30 and the westerly line of the herein described Subdivision the following courses and distances: South 340 09' 30" West 25.00 feet, South 710 07' 20" West 331.75 feet, North 730 31' 20" West 298.56 feet, North 040 45' 50" East 208.60 feet, South 580 10' 50" West 393.41 feet, North 230 38' 00" West 169.82 feet, North 170 58' 30" West 238.75 feet, North 150 29' 10" West 160.93 feet, and North 030 44' 50" West 99.77 feet to a point being the northwesterly corner of the herein described Subdivision, said point also being the westerly corner of Lot Number 1, and said point also being at the southwest corner of a map entitled "Wildwood Manor on Survey of Lafko-Alexander Property" on file ih the Dutchess County Clerks Office as Map Number 3107; thence leaving said common corner and running "SCHEDULE A" along the westerly line of said Filed Map Number 3107 North 520 54' 40" West 790.65 feet to a point being the westerly corner of said Filed Map, said point also being the southeast corner of Lands now or formerly Gunson, Liber 1355, Page 309; thence leaving said common corner and running along the southerly line of said Gunson and the southerly line of Lands now or formerly Crane, Liber 1756, Page 484, and the southerly and westerly line of Other Lands of Crane, Liber 1587, Page 257 the following courses and distances: South 820 19' 20" West 108.24, South 820 05' 00" West 108.24 feet, South 820 05' 00" West 134.00 and North 370 55' 00" West 251.30 feet said point being the westerly corner of said Crane, said point also being on the southerly line of New Hackensack Road; thence leaving said northwesterly corner and crossing said Hackensack Road and running to the southwesterly corner of Lands now or formerly the Town of Wappinger as described in Liber 1401, Page 344, said point also being on the northerly line of Hackensack Road; thence leaving said northerly road line and running along the westerly line of said Town of Wappinger the following courses and distances: North 490 5.1.1.40" West 43.14 feet, North 560 17' 50" West 159.18 feet, North 72° 39' 20" West 128.91 feet, North 550 35' 50" West 23.73 feet, North 580 43' 30" West 12.88 feet, North 670 52' 30" West 24.61 feet, North 800 48' 50" West 65.33 feet, North 500 16' 30" West 51.78 feet and North 800 52' 20" West 35± feet to a point being on the southerly bank of the Wappinger Creek, said point also being on the westerly line of Lot Number 10 - Block A as shown on a Map entitled "Quiet Acres" on file in the Dutchess County Clerks Office as Map Number 2936; thence leaving said northwesterly corner and running along the westerly line of Lot Number 10 and the westerly line of Lot Numbers 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of Block A along said creek bank to a point being at the northerly corner of Lot Number 20; thence leaving said northerly corner and running along the northerly line of said Lot Number 20 South 370 30' 00" East 245± feet to a point being the easterly corner of said Lot Number 20 said point also being on the northerly line of Helen Drive; thence leaving said easterly corner and running along said northerly road line North 520 30' 00" East 50.00 feet to a point being the southerly corner of Lot Number 33; thence leaving said northerly road line and said southerly corner and running along the southwesterly line of said Lot Number 33 North 370 30' 00" West to the southerly corner of a parcel identified by Tax Grid No. 6158-02-753881 of said parcel (6158-02-753881) feet; thence running along the southeasterly and northeasterly line to a point being the westerly corner of Lot Number 32; thence leaving said corner and running along the northerly line of said Lot Number 32 and Lot Numbers 31, 30, and 29 North 470 41' 00" East 340.00 feet to a point being the northerly corner of said Lot Number 29, the westerly corner of Lot Number 28 and the southerly corner of Other Lands of the Town of Wappinger as described in Liber 1244, Page 757; thence leaving said common corner and running along the southwesterly line of said Town of Wappinger North 420 19' 00" West 417.00 feet to a point being the northwesterly corner of said Town of Wappinger, said point also being in the centerline of the Wappinger Creek; thence leaving said northwesterly corner and running along said Creek centerline the following courses and distances: North 390 00' 00" East 84.00 feet, Nprth 300 00' 00" West 125.00 feet, North 260 30' 00" East 75.00 feet, North 800 00' 00" East 70.00 feet, and North 370 44' 00" East 234.74 feet to a point being the northerly corner of said Lands of the Town of Wappinger, said point also being the northwesterly corner of Other Lands of the Town of Wappinger as described in Liber 1244, Page 753; thence leaving said common corner and continuing along said Creek Centerline the following courses and distances: North 460 42' 50" East 250.93 feet, North 560 521 00" East 290.00 feet to a point being the northerly corner of said Lands of Town of Wappinger; thence leaving said northerly corner and running along the northeasterly line of said Town of Wappinger South 340 07' 40" East 445.00 feet to a point being the easterly corner of said Town of Wappinger, said point also being the northerly corner of Lots Numbers 17 and 18 as shown on a Map entitled "Map of Subdivision of Meadow Heights" on file in the Dutchess County Clerks Office as Map Number 3051; thence leaving said common corner and running along the northerly line of said Subdivision South 340 07' 40" East 1,209.61 feet to a point being the westerly corner of Lot Number 5 as shown on a Map entitled, "Swenson Subdivision" on file in the Dutchess County Clerks Office as Map No. 7771; thence leaving said northerly line of Filed Map Number 3051 and said westerly corner of Lot Number 5 and running along the northerly and easterly line of said Lot Number 5 North 410 49' 40" East 484.73 feet and South 360 40' 20" East 695.75 feet to a point being the southeasterly corner of said Lot Number 5, said point also being on the northerly line of New Hackensack Road; thence leaving said southeasterly corner and running along the southeasterly line of Lot Number 5 along said New Hackensack Road the following courses and distances: South 390 18' 00" West 92.40 feet, South 700 34' 00" West 44.20 feet, South 380 01' 00" West 91.88 feet, South 340 26' 00" West 74.36 feet and South 380 32' 00" West 190.48 feet to a point being the southerly corner of said Lot Number 5, said point also being the southeasterly corner of Lot Number 33 as shown on a Map entitled "Map of Subdivision of Meadow Heights" on file in the Dutchess County Clerks Office as Map Number 3051; thence leaving said common corner easterly corner of Lot Number 85, said point also being the northeast corner of Lot Number 2 as shown on a Map entitled "Two -Lot Subdivision Map of Lands of Trojan Homes" on file in the Dutchess County Clerks Office as Map Number 5653; thence leaving said common corner and running along the easterly line of said Lot Number 2 South 150 30' 00" West 340.00 feet to the southeast corner of said Lot Number 2, said point also being on the northerly line of Widmer Road; thence leaving said southeasterly corner and said northerly road line and crossing said Widmer Road to the point of beginning. The above description is a compilation of existing filed maps and deeds of record. The description is subject to what an accurate survey map may disclose. and continuing along the northerly line of said New Hackensack Road to a point being the southwest corner of said Subdivision, said point also being the southwest corner of Lot Number 1 as shown thereon; thence leaving said northerly road line and said southwesterly corner and running along the westerly line of said Subdivision the following courses and distances: North 340 44' 00" West 152.30 feet, North 370 02' 00" West 79.22 feet, North 340 34' 00" West 115.67 feet, North 310 33' 00" West 158.13 feet, North 370 57' 00" West 82.79 feet, North 280 02' 00" West 92.57 feet, North 340 47' 00" West 68.79 feet, North 360 00' 00" West 62.70 feet, and North 340 04' 00" West 77.31 feet to a point being on the westerly line of Lot Number 8, said point also being the easterly corner of Lot Number 17, Block B as shown on a Map entitled "Quiet Acres" on file in the Dutchess County Clerks Office as Map Number 2936; thence leaving said westerly line of Lot Number 8 and said easterly corner and running along the southerly line of said Lot Number 17 and the southeasterly line of said Map Number 2936 the following courses and distances: South 500 13' 10" West 155.72 feet, South 120 52' 50" East 27.65 feet, South 500 00' 00" West 333.10 feet, South 500 52' 00" East 100.26 feet, South 020 08' 00" East 50.52 feet, South 180 40' 00" West 162.14 feet, South 040 34' 00" East 112.87 feet, South 210 14' 00" East 250.38 feet to a point being the southeast corner of Lot Number 1, said point also being on the northerly line of said New Hackensack Road; thence leaving said southeasterly corner and running along said New Hackensack Road to a point being the northeast corner of Parcel E as shown on a Map entitled "Plat of Wildwood Manor on Survey of Lafko-Alexander Property" on file in the Dutchess County Clerks Office as Map Number 3107, said point also being on the southerly line of said New Hackensack Road; thence leaving said northeasterly corner and running along said easterly Subdivision Line South 260 11' 10" East 644.75 feet to a point, said point being the northwesterly corner of Lot Number 116 as shown on a Map entitled "Map of Wildwood Forest" on file in the Dutchess County Clerks Office as Map Number 3176; thence leaving said northwesterly corner and running along the northerly line of Lot Numbers 116, 115 and 114 North 590 34' 10" East 377.01 feet to a point being the northerly corner of said Lot Number 114, said point also being the northerly corner of the herein described Subdivision; thence leaving said northerly corner and running along the easterly line of said Subdivision the following courses and distances: South 270 51' 30" East 698.37 feet, North 570 56' 30" East 670.07 feet, South 270 49' 20" East 412.56 feet, South 240 37' 00" East 289.29 feet, South 260 52' 30" East 446.73 feet, South 140 47' 50" West 409.00 feet to a point being the 7 -6- Section 2. The improvements consisting of the acquisition of the (1) the presently existing distribution system comprised of 4 -inch, 6 -inch, 8 -inch and 10 -inch asbestos cement type water mains, services, valves, meters and hydrants to be acquired without cost from the present owner, the Atlas Water Company, and (2) the source supply components comprised of four potable water valves of the gravel pack type, pumps; tank house, pump house, hydropneumatic tank, electric controls, pressure gauges and controls, generator, land, and the existing 12 -inch asbestos cement water main, to be purchased from the present owner, Atlas Water Company at a cost of $525,000 of which $49,557.41 is allocable to the North Wappinger Water District for its undivided interest in such components and the remaining cost is to be allocated to the Wappinger-Cranberry Water Improvement Area and the Myers Corners II Water District, or any successor or successors thereto, is hereby authorized and approved. The maximum amount to be expended by said Water District for said improvements shall not exceed $49,557.41. Said District's allocable share of the cost of said improvements shall be financed by the issuance of serial bonds of said Town maturing in annual installments over a period not exceeding forty years, payable in the first instance from an annual apportionment and assessment upon the several lots and parcels of land within said North Wappinger Water District which the Town Board shall -7— determine and specify to be especially benefitted by the improvements in an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the office of the Clerk of Dutchess County and to be filed in the office of the State'Department of Audit and Control at Albany, New York, within the days after adoption pursuant to subdivision 1 of Section 209-g of the Town Law. Section 4. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: Constance 0. Smith VOTING Aye Victor Fanuele VOTING Aye _Joseph Incoronato VOTING Aye Robert Valdati VOTING Aye June Visconti VOTING Aye The order was thereupon declared duly adopted.