1990-11-26 RGMi
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
NOVEMBER 26, 1990
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1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES: Reg. 10/22/90 Specials, 11/7/90-11/9/90-11/13/90
4. REPORTS OF OFFICERS: Town Justice Rec. of Taxes Sup/Comet.
H. Supt. half month report Bldg. Insp. Dog Control Officer
Zng. Adm.
5. PETITIONS & COMMUNICATIONS
a. Corr. from Village of W.F. re: Rte 9 Corridor Plan to include a
Secnic Marine Drive
b. H. Supt. G. Foster request authorization to purchase Tractor under
N.Y.S. Contract
c. J. Paggi, Eng to Twn, Submission of Proposed Wappinger Sewer
Transmission/Treatment Imp. Area
d. J. Paggi, Eng. To Twn, Corr: (1) Wappinger Sewer Imp. Area #3
(2) N.Y.S. Water Pollution Control Revolving Fund (3) Shale Dr.
& Short Ct. Drainage (4) B rothers Rd. & Dose Rd. Drainage
(5) Selage/Safran Drainage
e. Requests for Return of Escrow monies, recommended by Zng. Adm.,
(1) A. Boland, $403.33, held for Ping. Bd. Lot line change (2)IBM
Bldg 953 Jet Fuel Storage Facility, $4,575 (3) Edward Croom $415
and (4) Nussbickel Bros. $4,880 (last three held for Engineering
and Planning/landscaping
f. Bldg. Insp & H. Supt. recommend return of Escrow fees held for
Driveways from: Jas Klein, $500; Jos. Vernali, $250; & Ludwik
Zabczyski, $250
g. Accept letter of Credit for Michael Souzzo and Dr. Kabloui
(note corr. from Attny to Town)
h. J. Paggi, Eng to twn, Report on Chlorine Contact Facilities, Hillt
Rockingham and Tall Trees Water systems
i. Request from J. Lawrence for Bond Reduction - w/rec. from J. Paggi
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Consider adoption of Zoning Ordinance Amendments Local Law
b. DEIS for formatiom of T/Wappinger Sewer Imp. for Tri -Municipal
Service Expansion - w/Resolution authorizing acceptance as
complete, etc.
c. Request from Town Comptroller for Budgetary Transfers
d. Consider accepting bids for Storm Sewer Improvement - South
Fowlerhouse and Ketchamtown Roads
e. Supervisor reschedule December meeting to 12/17 and schedule
Year End meeting for 12/28/90
8. UNFINISHED BUSINESS
Correspondence from Attorney to Town re: Cranberry Hills Settlement
9. NEW BUSINESS
10. ADJOURNMENT
REMINDER: Special workshop - 6:00 P.M. 11/26/90 with Village of Fishkill
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The Regular Meeting of the Town Board of the Town of Wappinger was
held on November 26th, 1990, at the Town Hall, 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 at the commencement
of the meeting.
The Minutes of the Regular Meeting of October 22, 1990 and the Special
Meetings of November 7, 9 and 13, 1990, having previously been forwarded
to the Board Members, were placed before them for their consideration.
MRS. VISCONTI moved that the above stated Minutes be and they are
hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Reports were received from the Town Justice, October, Receiver of
Taxes, August & September, Highway thru 11/15/90, Building Inspector,
Dog Control Officer, October and Zoning Administrator for July and
August.
MR. VALDATI moved to accept the Reports received and place them on
file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Petitions & Communications ---
Correspondence was received from the Village of Wappingers Falls
pertaining to the inclusion of the concept of Scenic Marine Drive,
a/k/a Railside Drive, in the Route 9 Corridor Plan.
It was Mrs. Smith's understanding that the Village is seeking the
Town's support in having studies done on this road and others which
have not been done.
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MR. VALDATI moved to support the Village in their proposal to
include Scenic Marine Drive in a study as an alternate plan for
the consideration of the New York State Department of Transportation
in their Route 9 Corridor Plan.
Seconded by Mr. Fanuele
Motion Unanimously Carried
Mr. Fanuele noted that it was 1930 that they built the old bypass
that was just demolished; it was then that they bypassed the Village
with the old bridge. Mrs. Visconti added that in the future this
might be a feasible idea and should be included as an option.
The Highway Superintendent requested permission from the Board to
purchase a 1990 Ford Model 3930 4 WD farm tractor at State Contract
price of $13,441.00 plus $300 delivery, total $13,741.00 and also
requested permission to go to bid for options of a 7' sickle bar
mower and steel cab enclosure for the tractor.
MR. INCORONATO moved to authorize the Highway Superintendent to
purchase the Ford farm tractor at a total cost of $13,741.000 and
also authorize him to go to bid for the options, as stated.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Mr. Paggi forwarded a Map, Plan and Report to the Town Board on the
proposed Wappinger Sewer Transmission/Treatment Improvement Area
which was filed in the Town Clerk's Office on October 31, 1990.
The Engineer explained that once the D.E.I.S is complete and the SEQR
process is nearing completion the Board can schedule a Public Hearing
on the D.E.I.S. and the Map, Plan and Report, concurrently.
MRS. VISCONTI moved to table the Report pending coordination with
the Tri -Municipal Commission and Rudikoff Associates for the scheduling
of a Public Hearing.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Several reports were received from the Engineer ---1. Wappinger
Sewer Improvement Area #3 -- started infiltration inflow reduction
program on WSIA#1 in July of this year and completed the work on
September 27, 1990, which was very successful. A report is now in
the process of being prepared for the D.E.C. representative, Joseph
Margoliese in White Plains. He has spoken to both his office and the
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County Office and they were both very pleased with the results he
has had. During two recent heavy rain storms, they have reduced the
amount of flow tribulatory to the Oakwood Knolls Plant significantly.
They have done internal improvements at the Plant so that more sewerage
goes through on a daily basis. They have found other work that needs
to be done which was itemized in his report of November 12, 1990 and
his recommendations to alleviate the problems is included. Mrs.
Smith referred this to the December 10, 1990 work shop for discussion
of the work and cost involved. 2. New York State Water Pollution
Control Revolving Fund regarding Mr. Paggi's attendance at a seminar
on this subject. Mrs. Smith has contacted the Town's financial planner
and he will advise the Board whether it will be in their best interests
to follow this route.
MR. FANUELE moved to receive the report and place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
3. Shale Drive and Short Court Drainage -- referred to work shop on
December 10, 1990; 4. Brothers Road & Dose Road Drainage -- also
referred to a work shop; 5. Selage/Safran Drainage Problem -- it
appears that the C.O. was denied over a year ago and no follow up.
One resident has done some work causing a drainage problem on another
resident's property. At this point more data is required from the
Building Department and recommendation from the Engineer. This will
be addressed at the December 10, 1990 work shop.
Requests were received for return of escrow monies, recommended by
the Zoning Administrator and proper forms attached ---Austin Boland,
$403.33, lot line change; I.B.M. Building 953 Jet Fuel Storage
Facility $4,575, engineering and landscaping; Edward Croom, $415.
engineering and planning; Nussbickel Bros., $4,880. engineering &
planning.
MRS. VISCONTI moved to release the escrow monies as requested, at
the recommendation of the Zoning Administrator.
Seconded by Mr. Fanuele
Motion Unanimously Carried
Additional requests were received for the release of escrows for
driveways, recommended by the Building Inspector and the Highway
Superintendent, as follows: James Klein, $500; Joseph Vernali,
$250; and Ludwik Zabcz.yski, $250.
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MRS. VISCONTI moved to release the escrows for the driveways, as
requested, at the recommendation of the Building Inspector and the
Highway Superintendent.
Seconded by Mr. Valdati
Motion Unanimously Carried
Letters of Credit were received from Michael Suozzo for the Suozzo
Subdivision on Mocassin View Road in the amount of $21,572.00, and
from Dr. Mahmond Kablaoui for the Kablaoui Subdivision in the amount
of $152,675.62, with recommendations from the Attorney to the Town.
MRS. VISCONTI moved to accept the Letters of Credit, as stated, and
follow the recommendations of the Attorney in regard to follow-ups
prior to expiration dates.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A report was received from the Engineer re Chlorine Contact Facilities
Hilltop, Rockingham and Tall Trees Water Systems. Mr. Fanuele felt
that they were all ready to go on these improvements, however, they
would have to discuss method of payment. J,
MR. FANUELE moved to table this matter for discussion at the December
10, 1990 work shop.
Seconded by Mr. Valdati
Motion Unanimously Carried
A request was received from John Lawrence for reduction of his bond
on the subdivison on All Angels Hill Road. The Town Clerk pointed
out that the original bond has not been received.
Mrs. Smith noted that there are a few problems with the subdivision
and she would prefer to table this to the December 10th work shop.
Committee Reports ---
Mr. Fanuele, Computor --- requested the Attorney to investigate for a
computer contract to serve as a model for the Town since they have
been running into some unusual problems with the computers.
Mr. Valdati, Recycling ---reported on last Saturday's program for
collecting brush and leaves. They had several volunteers but could
use more; tremendous amount of brush put in the shredder and due to
the response from the residents, the program will continue for one
more Saturday. All are welcome to the wood chips and leaves if they
can use them.
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The Supervisor thanked the Board Members for volunteering their
time to help out during this program. The Town hopes to start their
own compost pile where the residents can deposit the necessary ingredients
to get them going and help the recycling program. She has talked to
Commissioner Whited about an agreement to set up a location for the
Town at the airport, not at the landfill or balefill site, but in the
area. As it stands now, they hope to open this site by April or May of
1991 and the Highway Superintendent has agreed to do the work required
for the operation.
Mr. Incoronato, Finance ---referred to a 5 year lease on communications
for the Highway Department, $58,000; he felt it might pay the Town to
buy the equipment, but the Superintendent said they did look into that
and they would make out better by leasing this equipment.
His second item was a communication from Dan Donovan, Chairman of
Dutchess County Water & Wastewater Agency regarding an amount of
about 3 million dollars being set aside for Watershed Management
by the municipalities and he understood they should contact Scott
Chase for a presentation on the procedure to apply for some of these
funds. Mrs. Smith had contacted Mr. Chase and made arrangements for
him to meet with the Town Board sometime in January.
Mrs. Visconti did not have a report for this meeting.
Resolutions ---
The matter of the consideration of adoption of the Amendments to the
Zoning Ordinance were placed before the Board. If they wished to
approve the proposed Local Law, the first Resolution was to accept
the Statement of Findings, per the SEQRA process.
The following Resolution was offered by COUNCILWOMAN VISCONTI and
seconded by Councilman Incoronato:
WHEREAS, the Town Board of the Town of Wappinger has caused to be
prepared a Statement of Findings - Proposed Local Law Amending the
Zoning Ordinance of the Town of Wappinger, introduced for adoption
August 27, 1990, and
WHEREAS, this Town Board has received and reviewed such Statement of
Findings, prepared by Raymond H. Arnold, Planning Consultant, dated
November 25, 1990,
NOW, THEREFORE, BE IT RESOLVED that the Statement of Findings, dated
November 25, 1990, prepared by Raymond H. Arnold, for the proposed
Local Law Amending the Zoning Ordinance of the Town of Wappinger,
introduced for adoption August 27, 1990 is hereby adopted by the
Town Board as its position for the purposes of completing the SEQRA
review of the proposed Local Law.
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Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
The second Resolution responds to the Dutchess County Department of
Planning which is required if the Town Board intends to adopt the
Zoning Ordinance over the negative statements made by said Planning
Department.
The following Resolution was introduced by COUNCILWOMAN VISCONTI
and seconded by Councilman Fanuele, to wit:
WHEREAS, the Town Board of the Town of Wappinger has proposed
changes to its existing Zoning Ordinance and Zoning Map, as set
forth in a proposed Local Law Amending the Zoning Ordinance of the
Town of Wappinger introduced for adoption at the August 27, 1990
Town Board meeting; and
WHEREAS, in furtherance of adopting this proposed Local Law, the
Town Board has caused to be prepared a Draft Environmental Impact
Statement, and has caused a Public Hearing to be held on the Draft
Environmental Impact STatement and on the proposed Local Law; and
WHEREAS, the Town Board has referred the proposed Local Law
to the Dutchess County Department of Planning pursuant to Sections
239-1 and 239-m of the General Municipal Law; and
WHEREAS, the Town Baord has adopted a Final Environmental Impact
Statement on November 9, 1990; and
WHEREAS, the Town Board has received a letter from the Dutchess
County Planning Department dated October 16, 1990, which letter
contained the Dutchess County Planning Department's review of the
proposed amendments to the Town of Wappinger Zoning Ordinance, as
set forth in the aforementioned Local Law; and
WHEREAS, the Dutchess County Planning Department's letter
contained various comments about the proposed amendments and made
seven recommendations with respect thereto; and
WHEREAS, the Town Board has determined that it is in the best
interests of the Town to act contrary to the recommendations made by
the Dutchess County Department of Planning, and has elected to adopt
the proposed Local Law as originally introduced at the August 27, 1990
meeting; and
WHEREAS, General Municipal Law Section 239-m requires that the
Town Board adopt a Resolution setting forth its reasons for acting
contrary to the recommendations fo the Dutchess County Planning
Department, prior to the adoption of the proposed Local Law.
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town
of Wappinger in furtherance of the adoption of the Local Law Amending
the Zoning Ordinance of the Town of Wappinger hereby elects to act
contrary to the recommendations fo the Dutchess County Planning
Department as set forth in its letter of October 16, 1990, and hereby y
establishes the reasons therefor as follows:
1. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #1:
"Additional sites for the Two -Family zone should be mapped"
The Town Board's reason for acting contrary:
The Town Board recognizes the potential for increasing the supply of
moderate priced housing by mapping additional sites for two-family
housing, and accordingly, the Board reserves its prerogative to
consider such actions in the future in areas that are compatible
with surrounding land uses and that have adequate infrastructure
(such as central water and sewer facilities). Any such future actions
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will require site specific environmental studies for any future
rezoning. The Town Board notes that it is presently in the process
of upgrading its central water and sewer facilities and intends to
review residential densities in those areas served by central water
and sewer in future amendments to the zoning Ordinance after the
improvements are completed.
2. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #2:
"Creation
amendment
20 percent
affordable
of an affordable housing floating zone or
of the PUD district to allow at least a
density bonus for the provision of
housing".
The Town Board's reason for acting contrary:
The Town Board has determined that after a review of current
development trends and feasibility studies for on-going water and
sewer improvements, that additional high density housing is not
feasible at this time due to the lack of supporting infrastructure.
The Town Board notes that it is presently in the process of upgrading
its central water and sewer facilities and intends to review residential
densities in those areas served by central water and sewer in future
amendments to the zoning Ordinance after the improvements are completed.
3. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #3:
"Route 9 is the major north -south road in the town and
in western Dutchess County. The preservation of its
traffic volume capacity is important to the long term
economic vitality of the town and the county. The
proposed zoning amendments for the Route 9 corridor
include uses such as retail stores and shops; these
uses eat up the traffic capacity of a road because
of high turnover of traffic at each site. This
Department recommends that the town implement one
or a combination of the following alternatives:
(a) Delete retail business stores and shops and
personal service businesses as allowable uses
in the Highway Business (HB) district. Setting
aside this land for true highway business uses
will minimize the impact on traffic capacity.
(b) Permit a greater intensity of uses north of the
Route 9/Myers Corners Road intersection and lessen
the intensity of commercial uses along the Route 9
corridor south of this intersection. This can be
accomplished by a change of uses, as indicated in
(a), above, and/or by limiting lot coverage and
floor area ratios permitted south of this
intersection.
(c) Replace significant areas of the intensive commercial
zoning districts along Route 9 with residential or
office districts".
The Town Board's reason for acting contrary:
The Town Board has determined that Route 9 serves both local traffic
and through traffic and, accordingly, retail businesses were allowed
to remain in HB district.
In the Town of Wappinger, Old Route 9 serves as a natural feeder or
service road for a substantial portion of the Route 9 corridor. As
such, it minimizes direct access to Route 9, thereby preserving
Route 9's traffic carrying capacity.
Total vacant lands within this corridor are calculated at 193 acres,
of which 43 acres are zoned HB (Highway Business), 8 acres are HO
(Highway Office), 24 acres are HD (Highway Design), and 108 acres
are COP (Conservation Office Park). The zoning plan was arrived at
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after review of the existing and approved uses within the corridor
and the Town Board's determination to minimize the establishment
of non -conforming uses, or pockets of unlike uses.
The zoning plan minimizes the number of accesses to Route 9 by
requiring larger lot sizes on all existing large undeveloped land.
The plan encourages the combination of smaller parcels to larger
parcels by offering a bonus in the amount of land that can be
developed with the concomitant decrease in curb cuts.
4. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #4:
"Elimination of those areas of Highway Business
zoning along the west side of Route 9 that affect
the Greenfly Swamp".
The Town Board's reason for acting contrary:
The Town Board has determined that the majority of the lands of the
so called Greenfly Swamp are zoned R-80. This recommendation pertains
to a small portion of the Greenfly Swamp located within the property
lines of an existing commercially developed parcel. The Town Board
adopted the principal of locating zoning district boundaries along
existing property lines; the Town Board has not increased the amount
of commercial zoning of the property.
5. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #5:
"Reduce the length of the General Business zone on
the south side of New Hackensack Road between All
Angels Hill Road and Jackson Road to minimize the
impact on the county road".
The Town Board's reason for acting contrary"
The Town Board has noted that the subject business zone is within
the vicinity of the Dutchess County Airport along a County road.
It was the Town Board's intention to honor previous County Planning
Department recommendations by encouraging commercial development
outside the Route 9 corridor, thereby minimizing the impact on the
traffic carrying capacity of Route 9. The length of this business
zone is consistent with the surrounding development, including the
airport area.
6. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #6:
"The Town Board should add a floodplain, wetland,
and stream corridor protection overlay zone in
order to ensure that the town zoning map and
regulations more accurately reflect the natural
resource protection policies of the county and
town plans".
The Town Board's reason for acting contrary:
The Town Board notes that a "flood plain" overlay zone already
exists in Section 460 of the Ordinance. The Town Board has determined
that the flood plain, wetland and stream corridor projection overlay
zones should be examined and will be addressed in future amendments
to the Town's Zoning Ordinance.
7. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #7:
"The requirements for service roads, buffering,
signs and compatibility in the HD zones should be
clearly defined in the zoning ordinance".
The Town Board's reason for acting contrary:
The Town Board has determined that adequate provisions already exist
within the Ordinance to accomplish the desired effect. Landscaping
guidelines are contained in Section 473.3 as well as the Bulk
Regulation Table; sign requirements are contained in Section 416;
site plan requirements are contained in Section 450; special use
permit requirements are contained in Section 430; authority to
issue such special permits has been transferred from the Zoning
Board to the Planning Board.
1
1
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BE IT FURTHER RESOLVED that the Town Clerk transmit a copy
of this Resolution to the Dutchess County Department of Planning
as required by Section 239-m of the General Municipal Law.
BE IT FURTHER RESOLVED that it is the intention of this
Resolution to enumerate the Town Board's reasons for acting contrary
to the Dutchess County Planning Department's recommendations as set
forth in its letter of October 16, 1990 and by adoption of this
Resolution evinces its intention to act contrary to the County's
recommendations for the reasons set forth above and to adopt the
proposed Local Law Amending the Zoning Ordinance of the Town of
Wappinger as introduced at the August 27, 1990 Town Board meeting.
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
COUNCILWOMAN VISCONTI moved to adopt Local Law #5 of 1990, Amending the
Zoning Ordinance of the Town of Wappinger as follows:
( LOCAL LAW #5 attached hereto and made part thereof of
the Minutes of this Meeting).
Seconded by: Councilman Fanuele
Roll Call Vote: 5 Ayes 0 Nays
Local Law Unanimously Adopted
The Town Board made the following comments as they voted in favor
of the Amendments to the Zoning Ordinance:
Mr. Fanuele noted that he spent six years on the Planning Board, four
years with the previous administration and now this administration,
addressing the Zoning Ordinance and they're all still talking to one
another. They had a lot of heated arguments, discussions, but it
came out the way they wanted it to and he thanked the Town Board and
the other Boards that participated and all the others who were involved.
Mrs. Visconti commented that this may not be a perfect document, it
has been long in the making, but with all the participation with all
the Boards, it was a big help, and she commended the Supervisor for
her tenacity in accomplishing the final approval at this meeting.
Mr. Incoronato read a lengthy statement on the merits of the Amendments
they were voting on which addressed the availability of the key
resources such as water and sewage treatment facilities, sufficient
roads and highways, storm drainage, recreational facilities and fire
and police protection; also two new residential districts, R/40-80
were established which will safeguard areas such as Chelsea, Wheeler
Hill Road and east of Route 376, which lack central water and sewer.
He mentioned other new zones such as a two-family one along Route 9;
a Highway Design District, minimum 5 acre lot size, along Route 9;
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a mixed use category allowing business and residential on two acre
parcels which will aid developers, increase our tax base and provide
additional housing; assisted law enforcement by increasing fines for
violations. They could be proud, he stated, however they must
continually think about amending this document further, if they
find that it is required in our community or by New York State
law changes. He thanked the professionals for guiding them over
the hurdles and last, but not least, recognized his fellow Board
Members for working as a team, and thanked them for their concern and
cooperation.
Mr. Valdati wished to echo the comments of the others and commented
that they had placed the future of the Town back into the hands of
the residents so they will have a voice in the future development of
their community. He congratulated all and felt they had a fine
document in place.
Mrs. Smith avoided a big long spiel since all were aware how she
felt about finalizing the zoning amendments, however, she did want
to express her thanks to this Board, Planning,ZBA, Chamber of Commerce
reps, realtors and all those who helped put this together. She felt
it would be good for the Town of Wappinger and was proud of the Town
Board.
A communication was received from Matthew Rudikoff Associates, Inc.
enclosing the Draft Environmental Impact Statement for the Town of
Wappinger formation of a Sewer Improvement for Tri -Municipal Service
Expansion. Also enclosed for consideration of the Board was a
Resolution Authorizing Acceptance of this document as complete and
scheduling of a public hearing.
AUTHORIZATION TO ACCEPT AS COMPLETE AND
CIRCULATE FOR PUBLIC COMMENTS
A DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR FORMATION OF
A SEWER IMPROVEMENT AND AGREEMENT WITH
TRI -MUNICIPAL SEWER COMMISSION TO TREAT
WASTEWATER FROM THE TOWN OF WAPPINGER
-------------------------------------------------
The following Resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
WHEREAS, the Town Board for the Town of Wappinger (hereinafter
the "Town Board") is considering entering into an agreement with the
Tri -Municipal Sewer Commission to authorize expension of the waste-
water treatment plant and formation of a Sewer Improvement to deliver
up to 4 mgd of wastewater to the Tri -Municipal Sewer Commission plant
for treatment; and
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WHEREAS, the Town Board designated itself as the lead agency
in connection with proceedings being conducted pursuant to Artice 8
of the Environmental Conservation Law and 6 NYCRR Part 617 (collectively,
SEQRA) regarding the formation of the Sewer Improvement; and
WHEREAS, the Town Board (1) determined that the proposed action
may have a significant impact on the environment; (2) circulated the
positive declaration and notice of intent to prepare a Draft
Environmental Impact Statement to all interested and involved agencies;
and (3) conducted a public scoping session at which the public and
interested agencies provided information concerning the scope of the
DEIS; and
WHEREAS, as a result of the information obtained during the
public scoping sessions, the Town Board authorized and directed its
staff and consultants to prepare a DEIS; and
WHEREAS, the DEIS was completed, and circulated to the Town Board
for their review; and
WHEREAS, the DEIS was completed, and circulated to the Town Board
for their review; and
WHEREAS, the members of the Town Board have reviewed the revised
DEIS,
NOW THEREFORE BE IT RESOLVED, that the Town Board finds and
determines that the DEIS presented to the Town Board is complete and
adequate for formal public review and comment pursuant to 6 NYCRR
Part 617.8(c); and
BE IT FURTHER RESOLVED, that the Town Board hereby authorizes
the Supervisor, the staff of the Town Board, and its consultants to
publish the Notice of Completion and circulate copies of the revised
DEIS, to all involved agencies and to interested agencies and the
public; and
BE IT FURTHER RESOLVED, that the Town Board establishes the
comment period for review of the Draft EIS to begin Nov. 27, 1990,
and to continue to Jan. 31, 1991; and
BE IT FURTHER RESOLVED, that a SEQR public hearing will be held
on this action on the 14th day of January, 1991 at 7:30 P.M. to be
held at the Town of Wappinger Town Hall; and
BE IT FURTHER RESOLVED, that applicable plans of the proposed
action are available for public review at Town Hall. Individual
copies may be purchased through -the Town Clerk,
Seconded by: Councilwoman Visconti
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
The following resolution was offered by COUNCILMAN VALDATI who moved
its adoption:
In the Matter
of
A Proposed Sewer Improvement
in the Twon of Wappinger, Dutchess
County, New York, Pursuant to Article 12-C
of the Town Law, to be Known as Wappinger Sewer
Transmission/Treatment Improvement Area
ORDER CALLING
PUBLIC HEARING
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 construction and installation of proposed sewer
improvements in said Town to serve a benefited area in said Town
to be known as Wappinger Sewer Transmission/Treatment Improvement Area,
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WHEREAS, said map, plan and report have been prepared by
Paggi & Martin, competent engineers duly licensed by the State of
New York, and have been filed in the office of the Town Clerk where
same are available for public inspection during normal business
hours, and
WHEREAS, the improvements proposed for said Wappinger Sewer
Transmission/Treatment Improvement ARea consist of the construction
of transmission facilities, to be used in combination with existing
sewer trunk lines, for the purpose of delivering sewage within
Phase One of the proposed Improvement Area to the existing Tri -
Municipal Pumping Station located in the Village of Wappingers
Falls for further transmission through existing and proposed
facilities to the Tri -Municipal Wastewater Treatment Facility,
and the construction of an addition to the Tri -Municipal Wastewater
Treatment Facility, and the construction of an addition to the
Tri -Municipal Wastewater Treatment Facility, for the purpose of
treating sewage generated, initially, from Wappinger Sewer Improvement
Area No. 1 and the Rockingham Farms Sewer District with future expansion
that will, ultimately, treat sewage generated from the entire Wappinger
Sewer Transmission/Treatment Improvement Area, as more fully described
in the aforementioned map, plan and report, and
WHEREAS, the Wappinger SEwer Transmission/Treatment Improvement
Area, 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, the maximum estimated cost proposed to be expended
for such improvements if $17,020,000, and
WHEREAS, the proposed method of financing for the aforesaid
maximum estimated cost shall consist of the issuance by the Town
of its serial bonds with a maximum maturity not in excess of
forty years; and
WHEREAS, it is proposed that the cost of the aforesaid
improvements shall be borne by the real property in said Wappinger
Sewer Transmission/Treatment Improvement Area by assessing, levying
upon and collecting from the several lots and parcels of land within
such Improvement Area, 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
WHEREAS, the aforesaid improvements have been determined to
be a Type I Action pursuant to the regulations of the New York
State Department of Environmental Conservation promulgated pursuant
to the State Environmental Quality Review Act, the environmental
consequences of which have not yet been determined, and
WHEREAS, it is now desired to call a new public hearing for
the purpose of considering said map, plan and report 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 hearing 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 14th day of January, 1991, at 7:30 o'clock P.M., Prevailing
Time, to consider the aforesaid map, plan and report and to hear
all persons interested in the subject thereof concerning the same
and to take such action thereon as is required by law, which public
hearing shall be held at the same time as and in conjunction with a
public hearing to be held pursuant to SEQR in connection with certain
aspects of the aforedescribed improvements.
259
Section 2. The Town Clerk is hereby authorized and directed
to cause a copy of this Order to be published once in 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 afore-
said, 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
The Order was duly adopted.
A request was received from the Comptroller for transfers from
several line items due to the fact that the 1990 Budget was set up
incorrectly such as "personal services" taken out of the wrong account,
etc. Also, there was no money budgeted for the Water and Sewer Billing
Clerk, Debra Brown, and this has to be clarified. These corrections
are being made so that the 1991 Budget will be set up in the proper
procedure. (The Transfers are attached hereto and made part thereof
of the Minutes of this Meeting).
MRS. VISCONTI moved to approve the budget transfers submitted by
the Comptroller.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The bids for Storm Sewer Improvement - South Fowlerhouse and Ketchamtown
Roads were tabled pending recommendation from the Engineer and will be
considered at the next meeting.
The Supervisor announced that the regular meeting for December 24th
will be rescheduled to December 17th, 1990; the Year End Meeting was
set for December 28th, 1990 at 6:00 P.M. and the Reorganizational
Meeting will be January 2, 1991, at 6:00 P.M.
Unfinished Business ---
Correspondence was received from the Attorney to the Town regarding
the Cranberry Hills Settlement. Mrs. Smith said this would be discussed
in executive session prior to adjourning the meeting.
Mr. Fanuele referenced a communication re Pizzagalli interconnection
which he felt should be discussed at a work shop; Mrs. Smith agreed and
said she would schedule one.
His next item was on the status of the Pondview Pumping Station
problem on Mr. Hussian's property. The Engineer had resubmitted his
260
original plan and it is being reviewed by the Department of Health.
It was his opinion that they want to see how effective the recent work
done by the Town, has been, however he still believed that the County
would give him a negative response.
Mrs. Smith referred to a car accident where the car landed on top of
the pumping station at Myers Corners and Old Myers Corners Road and
noted that she had written to the County about installing guard rails
for protection when people are working there. They agreed and the
Town now has a permit to do 50' of guard rail.
The letter from the Division of Equalization and Assessment regarding
their Public Hearing has been referred to our Assessor, Tom Logan, and
he will attend the Hearing.
Association of Towns ---
Mrs. Smith appointed Mr. Fanuele as the Delegate to the Association
of Towns and Mr. Incoronato as the Alternate.
A communication was received from Mrs. Visconti re the meridian on
Route 9 which was supposed to have shrubs per resolution introduced
by her in 1986. It is very evident that the meridian is a concrete
one and have been informed that it will remain that way. On a foggy
night on her way home from a Town Board meeting, Mrs. Visconti could
not see the meridian, so she suggested that the Supervisor request
that it be painted. There have been others who experienced this lack
of visibility so the painting will help this situation. Mrs. Smith
had an update and the STate has agreed to paint it white which was
not to Mrs. Visconti's liking, but she would settle for yellow if she
can't get the green.
The Southern Dutchess News was losing their reporter , Bill Muller,
Mrs. Smith had learned, and she extended good wishes to him on behalf
of the Board. A new reporter, Alan, was welcomed by the Supervisor
whom she felt would be as fair as Bill was, even though there were
time they were exasperated with him ---but he was fair.
Mr. Herb Levenson expressed his thanks to the Board for their concern
and interest while he was hospitalized.
New Business ---
Mr. Fanuele had a call from a resident on Kendell Road re installation
of a street light at its intersection with Old Hopewell Road. The
261
Town Clerk explained that the Town must notify Central Hudson and
request this light which will be a Town charge under General Town
Lighting and is allowed at Town/County or Town/State intersections.
MR. FANUELE moved to request Central Hudson to place a street light
at the corner of Kendell Road and Old Hopewell Road.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mr. Fanuele had a story about a 120 year old lobster that was trapped
by this person for his friend's feast, but there was such an outcry
that he couldn't kill the lobster, but it wound up that the lobster
got hurt and died of an injury, so they had their feast anyway.
That's not really the story ---this is the story ---there's an older
lobster that's 300 hundred years old in Maine and he's 58 lbs; the
key to this is not the talk about a lobster but to give recognition
to people employed by the Town who have 25 years of service or more,
by setting a policy of presenting them with a personalized plaque and
perhaps hang it in the corridor.
MR. FANUELE moved to recognize employees of the Town with 25 years
of service or more, with a personalized plaque, which will be placed
on the wall of the Town corridor.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Mrs. Smith welcomed County Legislature Gordon Hirt and invited him to
address the residents on topics of interest to them that are happening
at the County level.
Mr. Hirt first mentioned that he had received a letter from Supervisor
Smith expressing her concern about the chargeback proposal recommended
by the County Executive and he wished it to be known by this Town Board
that he did not support it and will not support it. The buck should
stop where it is, he continued and people should start getting their
act in order about spending policies and stop kicking it down, since
ultimately, it ends up in the taxpayer's lap anyway. He supported Mrs.
Smith's response to the proposal.
His other item was an announcement on the Transit Development Plan
from the Planning Department which has had several meetings throughout
the County will again meet on Wednesday, December 5, 1990 at 7:30 P.M.
at the Town of Fishkill Town Hall. They will be looking for comments
262
and recommendations to be used to finalize the plan to provide better
and more efficient service for our residents.
MRS. VISCONTI moved to go into executive session with the Attorney to
discuss a legal matter.
Seconded by Mr. Fanuele
Motion Unanimously Carried
The Town Board went into executive session at 8:30 P.M.
The Town Board reconvened the meeting at 9:10 P.M., with all five
Board members present.
MRS. VISCONTI moved to approve the proposed settlement in the
Cranberry Development litigation as follows: paragraph, 1,2,4, as
stated, paragraph 5, subject to Audit and Control, paragraph 3,
renegotiate, paragraph 6ii subject to verification, paragraph 7 as
bona fide per discussion in executive session.
Seconded by Mr. Fanuele
Motion Unanimously Carried
There was no other business to come before the Board.
MR. INCORONATO moved to adjourn the meeting, seconded by Mr. Fanuele
and unanimously carried.
The meeting adjourned at 9:12 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 11/26/90
GENERAL FUND PART TOWN
MOVE FROM
Fire Prevention C.E.
B3410.4
19000.00
Street Light
B5182.4
7,000.00
Youth Prog C.E.
B7310.4
3,000.00
Plan Dept Equip.
B8020.2
11000.00
Plan Dept C.E.
B8020.4
10,000.00
Refuse C.E.
B8160.4
20,000.00
INCREASE REVENUE
BUDGET
Sub Div
Fee
B2114
4,580.27
Plan Bd
Fee
B2115
15,061.25 r, YY,Frs'FY
Building
Permit
B2590
22,358.48
Cable TV
Franchise
B1170
2,845.84
B8025.4
10,000.00
Refuse P/S
B8160.1
MOVE TO
Coupon Fee
B1380.4
11000.00
Engineer
B1440.4
60,000.00
Celebrations
B7550.4
321.25
Zoning C.E.
B8015.4
3,000.00
Plan Dept P/S
B8020.1
2,000.00
Sub Div Inspect
B8025.4
10,000.00
Refuse P/S
B8160.1
1,242.00
Storm Drain
B8540.4
6,308.13
Workers Comp.
B9040.8
2,974.46
TOTAL 86,845.84 86,845.84
. <C
BUDGET T/R REQUESTED BY THE COMPTROLLER
GENERAL FUND TOWNWIDE
MOVE FROM
Justice C.E.
A1110.4
8000.00
Supervisor Equip.
A1220.2
489.95
Independent Audit
A1320.4
10000.00
Tax Collect C.E.
A1330.4
2200.00
Assessor C.E.
A1355.4
3000.00
Election P/S
A1450.1
25679.44
Building P/S
A1620.1
217.61
MOVE TO
Comptroller P/S
A1315.1
18,825.46
Comptroller Equip.
A1315.2
99.10
Town Clerk Equip.
A1410.2
900.00
Engineer
A1440.4
156.50
Election C.E.
A1450.4
18,679.44
Building Equip.
A1620.2
1,584.00
Building C.E.
A1620.4
2,500.00
Central Print
A1670.4
11100.00
Data Process Equip.
A1680.2
51000.00
Recycle P/S
A8162.1
652.50
Unemployment Ins.
A9050.8
90.00
TOTAL 49,587.00 49,587.00
BUDGET T/R FOR HIGHWAY
MOVE FROM
Machinery Equip DB5130.2 11091.00
MOVE TO
Installment Purch Prin DB9785.6 10505.41
Installment Purch Int DB9785.7 585.59
TOTAL 11091.00 11091.00
BUDGET T/R FOR SEWER
FLEETWOOD SEWER
MOVE FROM
Collection System SF8120.4 408.96
MOVE TO
Admin.C.E. SF8110.4 408.96
TOTAL 408.96 408.96
ROCKINGHAM SEWER
MOVE FROM
Admin P/S SR8110.1 1229.94
MOVE TO
Admin C.E. SR8110.4 1229.94
TOTAL 1229.94 1229.94
WILDWOOD SEWER
MOVE FROM
Sewerage Treatment SW8130.4 4690.65
MOVE TO
Admin C.E. SW8110.4 485.31
Sew Collect C.E. SW8120.4 4205.34
TOTAL 4690.65 4690.65
BUDGET T/R FOR WATER
CENTRAL WAPPINGER WATER
MOVE FROM
Admin C.E. WC8310.4 10,000.00
Source of Power WC8320.4 11,010.24
MOVE TO
Admin P/S
Admin Equip
Trans & Dist
Social Security
TOTAL 21,010.24
FLEETWOOD WATER
MOVE FROM
Source of Supply WF8320.4 4,306.01
MOVE TO
Trans & Dist
TOTAL 4,306.01
OAKWOOD WATER
MOVE FROM
Source of Supply W08320.4 1,615.63
MOVE TO
Trans & Dist
TOTAL 1,614.63
WC8310.1
3,925.51
WC8310.2
3,292.19
WC8340.4
13,683.03
WC9030.8
109.51
21,010.24
WF8340.4 4,306.01
4,306.01
W08340.4 1,615.63
1,615.63
WAPPINGER PARK WATER
MOVE FROM
Source of Supply
MOVE TO
Trans & Dist
TALL TREES WATER
MOVE FROM
Source of Supply
MOVE TO
Trans & Dist
TOTAL
WP8320.4 333.66
W178320.4 1,219.83
1,219.83
WP8340.4 333.66
WT8340.4 1,219.83
1,219.83