1990-09-24 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
SEPTEMBER 24, 1990
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1. ------------------------
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES: Reg. Aug. 27, 1990
4. REPORTS OF OFFICERS: Sup/Compt Town Justices Rec. of Taxes
Dog Control Officer Zng. Adm. Bldg. Insp. Highway Supt.
5. PETITIONS & COMMUNICATIONS
a. D. Stenabaugh & B. Hansen, Rte 376, request assistance from
Water Dist. to resolve their water problem and cost of hook-up
b. Godfrey Aquilino & St. Nicholas Rd. residents re: excessive speed
& reckless driving on St. Nicholas Rd.
c. Carole & David DeWoody, for Community Baptist Church, requesting
hook-up into Rockingham Sewer
d. Notices of Intent to renew, or apply for, liquor licenses:
A. Licari (Da Nino Rest.); Bruce Kade (Kade/wines & liquors)
at Lawrence Farms; & Peter J. D'Antonio (Liquor Exchange, Rte 9)
e. P. Maupin, Rec. of Taxes, re: Tax Receipt Law (Real Property Tax
Law, Sect 922)
f. Requests to attend various Seminars: T. Logan, Assessor for
L. Liucci, Course 10/22-26; T. Logan, to Assessors Assoc. Conf.
10/1-10/5, & Judge Wolfson for C. Hait, NYS Magistrates Court
Clerks Conf. 10/14-10/17
g. Notices of Public Hearings from T/Poughkeepsie on proposed Zng.
Amendments (2 notices)
h. Correspondence from Arthur Dukakis, Regional Dir., U.S. Census,
w/ Protest reply from Supervisor Smith
i. J. Paggi, Eng. to Twn, Reports on: (1) Airport Drive Soccer Field
(2) Atlas Water System
j. Requests for return of Escrows held by T/Wappinger for Various
imporvements: (1) Mitri Najjar, $500 Driveway Blacktop; Mr. Hui,
(Lot 432, Pondview) $250, Landscaping; Grossman's for Site Plan
$785; and F.Galbraith (Lot #24, Pondview) Landscaping, $750.
k. Maria Freyhagen to Mrs. Brown, W & S Clerk, re: request to
waive 107 Penalty on Water Bill
1. Claudia Paolinik, Hopewell Junction, requesting T/W supply her
Twirlers with liability Insurance
m. Direct Assessor to prepare Assessment Rolls for Water & Sewer
Districts and Areas
n. James Klein re: acceptance of reduced Letter of Credit for Nicole
Farms Dev.
o. Report from Hartgen Archeological Association, Inc. re: Tri -Muni
p. Correspondence from T/W to T/E. Fishkill ZBA re: Stringham Sand
& Gravel Mining voicing Wappinger Opposition to Mining permit
'6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Consider adoption of Increase of Fees for Bldg. Dept.
b. County Resolution for Snow & Ice Control Work '90-'91 season
c. Vacancy on Bd of Assessment Review - D. Close term expires 9/30
d. Introduce Local Law for "No Parking" on Widmer Rd. vicinity Villa
e. Introduce Local Law to Amend Local Law #2-'82 STOP sign Bank St.
f. Introduce Investment Policy for Town of Wappinger
g. Appoint Gay Ann Hardisty as Secretary to Planning Bd. & ZBA
h. acknowledge receipt by Town Board of Declaration of Positive
Determination of Significance - Zoning Ordinance Amendments and
Accept Draft EIS for Zoning Ordinance Amendments
i. Introduce Amended Zoning Ordinance and Map and set date for
Public Hearing
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
REMINDER: PUBLIC HEARING on Increased Bldg. Dept. fees a, 7:15 P.M.
The Regular Meeting of the Town Board of the Town of Wappinger was
held on September 24th, 1990, 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
The Supervisor invited all to join in the Pledge of Allegiance to
the Flag.
The Minutes of the Regular Meeting of September 24th, 1990, having
previously been forwarded to all Board Members, were now placed before
them for their consideration.
MRS. VISCONTI moved that the Minutes of September 24th, 1990, be and
i
they are hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Incoronato
Motion Unanimously Carried
194
The Supervisor had welcomed students from Ketcham High School earlier
and now informed them that the Board would take a break in forty --five
minutes to sign their papers confirming their presence at a Town Board
meeting to observe history in the making of the Town of Wappinger by
their governing Board.
Prior to receipt of Reports, the Town Clerk noted that she had
received a communication from Herbert Levenson, Zoning Administrator
thanking everyone for their get well wishes, calls, interest, during
his recent illness.
Reports were received for the month of August from the Town Justices,
Building Inspector, Dog Control Officer, Highway (to 9/15/90), Receiver
of Taxes, July.
MRS. VISCONTI moved to accept the above stated Reports and place them
on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
195
Petitions & Communications ---
A request was received from Don Stenabaugh and Barbara Hansen for
assistance from the Town with their problem of contaminated wells.
This was previously reported to the Board and permission was given for
them to become.tenants to Central Wappinger Water Improvement Area.
The problem has been caused by the Hertz car wash who have been
discharging wash water illegally. Their problem is that it will be
costly to tap into this water system; an amount in excess of $16,000
for Mr. Stenabaugh and nearly $10,000 for Mrs. Hansen. They have
been residents of the Town for many, many years, and are now asking
if the Town can extend the present water district to include their
property. As it stands now, they will be tenants to CWWIA, which
means that they will be paying double the rates that the district
residents pay for water service. It was agreed that further discussion
was required and the Supervisor scheduled it on the work shop for
October 9th.
A petition was received from Melanie & Godfrey Aquilino and other
residents of St. Nicholas Road for a lower speed limit and sign
warnings such as "Hidden Driveways" to help alleviate the problems
created by speeders who ignore the present 40MPH and "Children At
Play" signs. The road has very sharp curves, rendering full range
vision impossible and they find it a dangerous situation just entering
and exiting their driveways. Mrs. Smith directed the Highway Superin-
tendent to investigate this situation and report back to the Board with
his recommendation.
Carole and David DeWoody, Chairpeople of the Community Baptist Church
petitioned the Board to hook into the Rockingham Farms Sewer District.
The Engineer verified that they are within the boundaries of this
District and recommended approval of the request due to failure of
the septic system; he noted that this hookup was for the Meetinghouse
facility, only.
MRS. VISCONTI moved to allow the Community Baptist Church to connect
their Meetinghouse to the Rockingham Farms Sewer District, as District
residents, at the recommendation of the Engineer to the Town.
Seconded by Mr. Valdati
Motion Unanimously Carried
HER
Notices of Intent to Renew Liquor Licenses were received from
DaNino Restaurant, 41 Middlebush Road, Kade Specialty, off -premises
consumption, Lawrence Farms and Liquor Exchange, Wappinger Plaza, all
located in the Town of Wappinger.
MR. VALDATI moved to accept the Notices and place them on file with
.*, no comment.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A Memo was received from the Receiver of Taxes informing the Board
of a Tax Receipt Charge of $1.00 per receipt to the lending institu-
tion requesting it be mailed Ito be collected in advance; this will
increase her postage appropriation for the 1991 budget.
MR. VALdati moved to accept the correspondence from the Receiver of
Taxes and place it on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Requests were received for permission to attend conferences from
Assessor Thomas Logan for Linda Liucci to attend Fundamentals of
Exemption Administration from October 22=26, Mr. Logan the Annual
New York State Assessor's Association Conference, October 1 -5th at
Monticello, New York, at his own expense, Judge Wolfson for Cheryl
Hait, Annual Conference of Court Clerks, October 14-17, at Fallsview
Hotel, no expense for lodging.
MR. VALDATI moved to grant permission for these employees to attend
their respective conferences, and all legitimate expenses will be a
Town charge.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Notices of Public Hearings on two proposed Zoning Ordinance Amendments
on the 10th of October, 1990, were received from the Town of Poughkeepsie.
MRS. VISCONTI moved to receive these Notices of Public Hearings and
place them on file.
Seconded by Mr. Fanuele
Motion Unanimously Carried
Correspondence was received from Arthur Dukakis, Regional Director
Department of Commerce, Bureau of the Census, re receipt of a post -
census local review map showing correction to the Wappinger Town
boundary. He noted that future maps would reflect this correction.
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Mrs. Smith explained that the Engineer had reviewed the information
forwarded from the Census Bureau and disagreed with the boundary lines
of this Town. Mrs. Smith communicated with them on this and received
confirmation that a change would be made; she also sent a letter of
protest on the projected total population which changed from the
present 26,776 from the 1980 census to 25,833, showing a decrease
of possibly 2,000-3,000 which the Supervisor did not think was a
realistic figure for ten years of growth in Wappinger. She received
from a resident of Wildwood Condo enclosing a census form which was
not picked up, also many calls were received from that complex saying
that they were not contacted; this could mean that other condos and
apartments were not counted. This information was forwarded to Mr.
Dukakis, so hopefully these figures could change. There are, however,
only two municipalities who protested despite objections from many of
them to their projected figures.
MRS. VISCONTI moved to file the correspondence relating to the 1990
Census pending receipt of further information from that department.
Seconded by Mr. Valdati
Motion Unanimously Carried
Reports were received from the Engineer re Airport Drive Soccer Fields
and Atlas Water System. At the Board's request he had investigated
and located three soccer fields with 150 parking spaces and a storage
building on 10+ acres adjacent to Airport Drive, however the subsurface
soil will not allow construction of a building with plumbing for a
bathroom. The original requirement for additional acreage was not
acceptable to the developer, Frank Buoyowski, since it has never been
the practice of the Town to take recreation land from commercial
properties, and he planned to initiate litigation; in order to avoid
this, the respective attorneys agreed to the 10+ acre, as it appeared
very likely that the Town would end up with nothing if it did go to
court. Mr. Incoronato had questioned this apparent decrease of land
to be given to the Town, but seemed to be satisfied when it was
explained.
In regard to Atlas, Mr. Paggi noted that they did the necessary field
inspection and found that everything was not up to acceptable standards.
The owners are obliged to repair the items and when completed will
contact Mr. Paggi's office. When they have met these requirements,
..,
the Town will proceed with the purchase of the system.
MRS. VISCONTI Moved to accept the Reports and place them on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The following requests were received for release of escrows held by
the Town for completion of various items on construction by residents
and developers; Mr. Najjar, Relyea Terrace, $500 driveway blacktop;
Mr. Hui, Lot #32, Pondview, $250 landscaping; Grossman for Site Plan,
$785; and F. Galbraith, Lot #24, Pondview, $750 landscaping. At the
last meeting Mr. Foster's request to use escrow money from Mr. Ahmed,
Taryl Court, $500 driveway, was approved, sincethe resident had not
completed the work during the time frame. He has since completed the
work and the Highway Superintendent recommended the return of the
escrow to Mr. Ahmed. All required documents were submitted with these
requests.
MRS. VISCONTI moved to release the escrow money, as requested by the
residents, upon recommendation of the respective department heads.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Maria Freyhagen, 45 Martin Drive wrote to Mrs. Brown, Water & Sewer
Billing Clerk, requesting a waiver of the 10% penalty due to late
payment of this bill because it was late in arriving. There is
usually a time frame of thirty days given to residents to pay without
a penalty, which is ample time and although the bills were sent out
later than usual, it was only a matter of a day or two. In the past,
the Town Board has never waived a penalty for late payment, since it
is the responsibility of the resident to be aware of the dates their
bills are due.
MRS. VISCONTI moved to deny Mrs. Freyhagen's request to waive the
10% penalty on her water bill.
Seconded by Mr.Incoronato
Motion Unanimously Carried
A request was received from Claudia Paolinik, President and Director
of the Fishkill Plains Twirlers, currently sponsored by the Town of
East Fishkill, for the Town of Wappinger to supply students from
this Town in her program, with liability insurance. It seems that
East Fishkill has picked up the insurance tab for their residents who
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participate, and in all fairness, she felt the Town of Wappinger would
do the same. Not so, the Town Board agreed ---an opinion was received
from our Insurance Agent, Harry Reis, Jr. who questioned the advisa-
bility of the Town's subsidizing an insurance program for activities
simply because Town residents are participating. This could, he
stated, set a precedent for almost any activity.
MR. FANUELE moved to deny Ms. Paolinik's request for the Town to
supply liability insurance for the twirlers from Wappinger participating
in her program in East Fishkill.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The next item was to direct the Assessor to prepare Assessment Rolls
for the Water and Sewer Districts and Areas, however, the Assessor
had requested the Supervisor to table action on this until the next
meeting, since there was a possibility that the formula could change
in the Wappinger Sewer Improvement Area, due to litigation from the
Cranberry Development. This would be resolved by the next Town Board
meeting in October, so there would be ample time for him to prepare
these rolls if they waited to the next meeting.
MRS. VISCONTI moved to table action on the preparation of the Assess-
ment Rolls for the Water and Sewer Districts and Areas to the next
Town Board meeting, as requested by the Assessor.
Seconded by Mr. Valdati
Motion Unanimously Carried
At the last meeting, the Town Board approved reduction of a Letter
of Credit for James Klein, Inc. developer of Nicole Farms, from
$528,601 to $303,802, and referred it to the Planning Board for
their procedure and approval. A Memo was received from the Zoning
Administrator stating that the Planning Board approved the reduction
of the Letter of Credit at their meeting of September 17, 1990.
MR. VALDATI moved to accept the amended Letter of Credit issued to
James Klein, Inc. for Nicole Farms, reduced from $528,601 to $303,802.
Seconded by Mrs. Visconti
Motion Unanimously Carried
200
A Report was received from the Hartgen Archeological Associates,
Inc. in regard to our application to the Tri -Municipal Sewer Commission
for the expansion of Wappinger Sewer Improvement Area. Part of the
SEQR process involves an Environmental Impact Statement which, in this
action, requires an Archeological Study, which has been completed, and
nothing was found that would be detrimental to the project.
MR. FANUELE moved to accept the report from the Hartgen Archeological
Associates, Inc. and place it on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Copy of correspondence from the Attorney to the Town to the Town of
East Fishkill, Zoning Board of Appeals re the Stringham Sand and Gravel
Mining Proposal was forwarded to the Town Board for their information.
On behalf of the Town Board, Mr. Roberts formally opposed the application
of the Stringham Sand and Gravel Mining Proposal presently pending
before the ZBA, the chief objection being that it is adjacent to the
Sprout Creek which is a water source for over 8,000 residents in the
Town of Wappinger. Mrs. Visconti was concerned about this application
since it affected the residents of her Ward (4), and she commended the
Attorney for the strong stand he portrayed in this communication.
MRS. VISCONTI moved to place this correspondence re the Stringham
Sand and Gravel Mining Proposal on file.
Seconded by Mr. Fanuele
Motion Unanimously Carried
Committee Reports ---
Mr. Fanuele, Computer, reported that the system is installed in the
Comptroller's Office; it is almost completed in the Justice Court with
3 terminals hooked up, problems near to correction, clerks pleased.
Recycling ---he was recruited to be recycling coordinator last Saturday
due to the marriage of the daughter of our regular man and was commended
by the Board. Suggested having a work shop on composting and asked about
leaves and brush pickup. The Highway Superintendent had been requested
to give an estimate on this and Mrs. Smith said they would be provided
with this during the budget work shops.
Mr. Incoronato added to the recycling report, noting that the new law
that takes effect in January required that municipalities exclude from
their collection of household rubbish vegetative organic matter such as
leaves, grass clippings, tree prunings, kitchen scraps, etc. He had written
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to Scott Daniels, Commissioner of Solid Waste regarding the use of
the former balefill for composting, either for Town of Wappinger or
a joint project with other municipalities who will share the expense,
and hopes for a favorable response. The Supervisor has arranged a
composting seminar for residents, to be conducted by the Dutchess
County Cooperative Extension on October 3, 1990 at 7:30 P.M. There
is no fee, just call the Supervisor's Office to enroll. Mrs. Smith
noted that she had written to Scott Daniels and also to Bradley Whited,
Commissioner of Aviation regarding a location for composting and so
far she hasn't received a reply.
Mr. Valdati had no reports for this meeting.
Mrs. Visconti, Recreation, reported that the Chairman, Mr. Holt has
been working on the recreation area at Castle Point ---constructed a
picnic area, new road, plans a pavillion, parking area and eventually,
electricity, water, restrooms, etc. Mr. Incoronato added that Trap Rock
donated about $16,000 worth of fill to build up the road at Castle Point
and he complimented them for being good citizens in the community, on
behalf of the Town.
Mrs. Smith announced that she had issued the following Proclamation:
WHEREAS, September 21, 1990 has been proclaimed National
POW/MIA Recognition Day, and
WHEREAS, The Veterans of the Vietnam War Mid -Hudson Valley
Post 6 have chosen to have a ceremony honoring these
POW/MIA's, and
WHEREAS, this ceremony is to be held at McDonald Park, the
only park in the United States of America dedicated
to a MIA Vet, namely, Major Joseph McDonald, a MIA
Vietnam Vet, and
WHEREAS, The Town of Wappinger wishes to express their deep
gratitude for all the sacrifices that all POW/MIA's
and all vets have given for others,
NOW, THEREFORE, I, CONSTANCE 0. SMITH, Supervisor of the Town of
Wappinger, do hereby proclaim the week of SeMember 21-28, 1990,
as POW/MIA week in the Town of Wappinger and do urge all residents
of our Town to recognize and honor our veterans.
Constance O. Smith
Supervisor
Town of Wappinger
The Supervisor called for a 10 minute recess, as promised to the
Ketcham High School students who were present for the 45 minutes at
the meeting, so they could have their papers signed confirming their
presence at the Town meeting. Mrs. Smith introduced the officials
of the Town to the students indicating whom they could contact for
various problems.
202
The Town Board recessed at 8:15 P.M.
The meeting reconvened at 8:25 P.M. with all five Town Board Members
present.
Resolutions ---
A Public Hearing having been held by the Town Board on September 24,
1990 on an Ordinance Amending an Ordinance for Administering and
Enforcing the Uniform Fire Prevention and Building Construction Code,
this was now placed before the Board for their consideration.
The following Ordinance was offered by COUNCILWOMAN VISCONTI who
moved its adoption:
TOWN OF WAPPINGER ORDINANCE
AMENDING THE ORDINANCE FOR
ADMINISTERING AND ENFORCING THE
UNIFORM FIRE PREVENTION AND
BUILDING CONSTRUCTION CODE.
BE IT ORDAINED by the Town Board of the Town of Wappinger,
that the Ordinance originally adopted by the Town Board on April 7,
1960, "Town of Wappinger Ordinance for Administering and Enforcing
the Uniform Fire Prevention and Building Construction Code", which
Ordinance has been amended from time thereafter, including an
amendment made on December 29, 1983, which amendment otherwise
brought the Ordinance into compliance with the New York State
Uniform Fire Prevention and Building Code, be amended in the
following manner:
1. section 11 of the "Town of Wappinger Ordinance for
Administering and Enforcing the Uniform Fire Prevention and
Building Construction Code" is hereby amended to read as follows:
Section 11. Building Permit Fees
The fee for the issuance of a building permit shall be
charged the rate of $4.00 per $1,000.00 of estimated cost of the
structure or improvement with a minimum fee of $20.00, which fee
shall be based upon the estimated costs of construction as shown
on the attached Building Permit Estimating Guide dated July 23,
1990 affixed hereto and made part hereof".
2. Except as hereby amended and modified, the "Town of
Wappinger Ordinance for Administering and Enforcing the Uniform
Fire Prevention and Building Construction Code" is hereby
ratified, re -adopted and reconfirmed.
3. This Ordinance shall take effect 10 days after posting
and publication as required by Town Law Section 133.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
NEW PROPOSED BUILDING PERMIT ESTIMATING GUIDE
ITEM # COST/PER SQ. FT.
Dwellings 1 Story w/Basement.................. 60
(Conventional) 1 Story on Slab w/Crawl Sp..........55
li Story w/Basement................. 80
liStory on Slab s/Crawl Sp .......... 75
2nd Story ...........................30
Dwellings 1 Story w/Basement.................. 55
1 Story on Slab w/Crawl Sp .......... 50
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Dwellings ljStory w/Basement.................. 75
ljStory on Slab w/Crawl Sp .......... 70
2nd Story ...........................30
Additions to Dwellings Estimated at
$10.00 Less Per Category ........ Less $10
Garages Carport .............................10
1 Story Attached....................20
1 Story Detached....................22
1i Story Attached...................25
11 Story Detached...................27
2 Story Attached....................30
2 Story Detached....................32
Porch/Deck Open................................10
Covered .............................20
Screened ............................22
Enclosed - No Heat..................30
Enclosed - Year Round...............35
Greenhouse
Barns
Sheds
(Under 200 Sq. Ft.)
Sheds
(200 Sq. Ft. or More)
Pools
(Flat Fee)
Minimum Fee $20.00
Residential .........................35
All Types ...........................23
Wood/Metal.......................... 10
Wood/Metal.......................... 23
AboveGround ........................ 20
In Ground ...........................35
The Annual County Resolution for Snow and Ice Control Work was placed
before the Board and it was noted that the only County Road that the
Town will be controlling snow and ice on will be Creek Road.
The following Resolution was offered by COUNCILWOMAN VISCONTI who
moved its adoption:
WHEREAS, the Town Superintendent of Highways has been
requested by the County of Dutchess to participate in the regional
County Highway Snow and Ice Control Program within the boundaries
of the Town, and
WHEREAS, and logically, an earlier or sooner response factor
can be provided by Town units and personnel within the locale thereby
benefiting the overall safety and welfare of town residents and local
community interest, and
WHEREAS, such participation by the Town in removing snow
from designated County Highways, and by sanding and salting or
otherwise treating them for the purpose of maintaining highway
safety and accessability for emergency services, is specifically
authorized by Article 6, Section 135 of the New York State Highway
Law, now therefore, be it
RESOLVED, that the Town Highway Superintendent be and is herein
authorized to perform such work as is found necessary, at hourly rates
as agreed upon by the Town and the County for the renting and hiring
of such equipment for the Winter season 1990-1991.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
204
The appointment to fill the vacancy which will exist on the Board
of Assessment Review on September 30th, 1990, was tabled at the
last meeting pending receipt of additional resumes. Mrs. Visconti
made a motion to reappoint Donald Close to this Board and the motion
was seconded by Mrs. Smith who asked for discussion, as is her usual
practice on all motions. Mr.Incoronato responded to this and read
a resume submitted by Martin Leskow, former Deputy Assessor for this
Town, former Planning Board Member, Chairman of the Town Assessor's
Board, sole Assessor in the Town of Woodstock, and cited other positions
which would qualify him to be a member of B.A.R. He is now retired,
not a business man, Mr. Incoronato pointed out that we have two
members of this category on the Board, including the incumbent, and
he didn't feel the Board needed this representation, but rather there
should be four homeowners who have no vested interests and would maybe
see things more objectively than one with business interests. He
asked the Board to consider Mr. Leskow before they vote on the motion
offered. Mrs. Visconti said she had read Mr.Leskow's resume, however
it was her belief that Mr. Close had served the Board well since 1982
and she would like to have a vote on her motion; Mrs. Smith added that
she feels Mr. Leskow is very qualified, however, the present B.A.R.
has been very effective in that the Town has had less grievances than
in the past and she did not want to fix something that isn't broken.
Mr. Fanuele could not offer any comment as he did not know either
individual and intended to abstain.
The following Resolution was offered by COUNCILWOMAN VISCONTI who
moved its adoption:
RESOLVED, that DONALD CLOSE be and he is hereby reappointed
as a member of the Town of Wappinger Board of Assessment Review
to fill the vacancy that has been created due to the expiration
of his term, and
BE IT FURTHER RESOLVED, that the term of the said Donald Close
on the Board of Assessment Review will expire on September 30, 1995.
Seconded by: Supervisor Smith
Roll Call Vote: Councilman Fanuele--------- Abstain
Councilman Incoronato------ Nay
Councilman Valdati--------- Aye
Councilwoman Visconti ------Aye
Supervisor Smith -----------Aye
Resolution Duly Adopted
Mrs. Smith noted that Mr.Leskow's resume will be kept on file and
will be considered when the next vacancy occurs. She reiterated that
205
she feels he is well qualified, it's just that she didn't want to
change the Board at this time. Mr. Incoronato accepted her opinion.
The following proposed Local Law was introduced by COUNCILWOMAN
VISCONTI:
LOCAL LAW PROHIBITING PARKING
IN CERTAIN AREAS OF WIDMER ROAD
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION I. Legisltive Intent:
It is the intention of the Town Board of the Town of Wappinger in
the interest of the public health, welfare and safety of the people
of the Town of Wappinger to prohibit parking on certain parts of
Widmer Road, in and near the vicinity of the catering establish-
ment presently known as Villa Borghese so as to prevent any
obstruction of the normal and regular flow of traffic along said
Widmer Road.
SECTION II. Definitions:
For the purpose of this Local Law the following terms shall have
the meanings indicated:
Park or Parking - the standing of a vehicle whether or not
occupied, other than standing temporarily for the purpose of and
while actually engaged in loading or unloading merchandise or
passengers.
Person - any person, firm, association, corporation or
legal representative acting individually or jointly.
Superintendent - the duly elected or appointed Town Superin-
tendent of Highways for the Town of Wappinger or his duly appointed
designee.
Vehicle - every device, in, upon and by which any person or
property is transported or drawn upon a highway, except devices
moved by human power or used exclusively upon stationary rails
or tracks.
SECTION III. Parking Prohibited along Widmer Road in
Designated Location:
The parking of all vehicles is hereby prohibited at all times on
both sides of Widmer Road, Town of Wappinger, for a distance of
300 feet measured in both directions from the center line of the
driveway entrance/accessway to the catering establishment presently
known as Villa Borghese.
SECTION IV. Enforcement:
a) The Superintendent is hereby authorized and empowered to
remove and store, or authorized and empowered to cause to be
removed and stored, any vehicle parked in violation of this
Local Law. The Superintendent shall not release any such vehicle
so removed until the actual and necessary costs of the removal,
including towing and storage, shall have been paid. Nothing
herein contained shall limit the right of enforcement of this
Local Law solely to removal and storage pursuant to this section.
b) The Sheriff of Dutchess County, or his deputy, or the Zoning
Administrator of the Town of Wappinger, or any designated employee
of the Town of Wappinger Highway Superintendent shall be authorized
and empowered to issue or cuase to be issued an appearance ticket
for any violation of any of the provisions of this Local Law,
returnable in Justice Court of the Town of Wappinger, or any
other Court of competent jurisdiction.
206
SECTION V. Violations and Penalties:
A violation of this law shall constitute a traffic infraction as
defined in the New York Vehicle and Traffic Law and any person
found violating this Local Law shall be liable to a fine of not
more than Fifty Dollars ($50.00) or to imprisonment for not more
than fifteen days, or both for the first violation and shall be
liable for such additional penalties for subsequent violations
as provided by Section 1800 (b) of the Vehicle and Traffic Law.
SECTION VI. Separability:
In the event any portion of this law is declared to be unenforceable
by a court of competent jurisdiction, all of the remainder shall
continue in full force and effect.
SECTION VII. Effective Date:
This Local Law shall take effect immediately upon adoption and
filing as provided by the Municipal Home Rule Law.
The following Resolution was offered by SUPERVISOR SMITH who moved
its adoption:
WHEREAS, the Town Board has received numerous requests that
parking be prohibited in the vicinity of the catering establishment
known as Villa Borghese, situate at Widmer Road, Town of Wappinger;
and
WHEREAS, the Town Board has determined that parking be
prohibited on both sides of Widmer Road at all times for a distance
of 300 feet in both directions measured from the center line of the
driveway entrance to Villa Borghese;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption a proposed
Local Law of the year 1990 in the form annexed hereto as Exhibit "A".
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 the short form EAF for this project, in the form annexed hereto
as Exhibit "B".
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
adverseimpacts on the environment and hereby issues a Negative
Determination of Significance for this project.
5. The Town Supervisor is hereby authorized to execute part 3
of the short form EAF and further directs the Town Clerk to provide
for the filing and distribution of same as provided by law.
BE IT FURTHER RESOLVED that the Town Board hereby schedules a
Public Hearing on the proposed adoption of this Local Law to be held
at Town Hall on the 9th day of October, 1990 at 7:15 o'clock in the
afternoon and that the Town Clerk be directed to post and publish
Notice of Public Hearing in the form annexed hereto.
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
207
The following proposed Local Law was introduced by COUNCILMAN FANUELE:
A LOCAL LAW OF 1990 AMENDING
LOCAL LAW #3 OF 1982 ESTABLISHING
"FULL STOP STREETS" AND "YIELD STREETS"
IN THE TOWN OF WAPPINGER.
-----------------------------------------------
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1
It is the intention of the Town Board of the Town of Wappinger in
the interest of the public health, welfare and safety of the people
of the Town of Wappinger to relocate stop signs presently on Bank
Street at its intersection with North River Road and to place the
new stop signs on North River Road in both directions at its
intersection with Bank Street and Front Street.
SECTION 2
Local Law #3 of 1982 of the Town of Wappinger "Local Law Governing
Traffic at Stop Signs and Yield Signs in the Town of Wappinger" is
hereby amended by the adoption of the following additions, revisions
and amendments as follows:
Section 1 - "Full Stop Streets" is hereby amended to read as
follows:
Both sides of Tor Road at its intersection with Sylvia Drive;
Both sides of Alpert Drive at its intersection with Sylvia Drive;
Granger Place with its intersection at Alpert Drive;
Both sides of Carroll Drive at its intersection with Balfour Drive;
Both sides of Balfour Drive at its intersection with Scott Drive;
Both sides of Scott Drive at its intersection with Carroll Drive;
Ardmore Drive at its intersection with Spook Hill Road;
Appleblossom Lane at its intersection with Cedar Hill Road;
Wildwood Drive at its intersection with Widmer Road;
Malstorme Road at its intersection with Widmer Road;
Quarry Drive at its intersection with Widmer Road;
St. Nicholas Road at its intersection with Widmer Road;
North River Road at its intersections with Bank Street & Front Street;
North River Road at its intersection with Old State Road;
Smith Crossing Road at its intersection with Diddell Road;
Brothers Road at its intersection with Gold Road;
Gold Road at its intersection with Montfort Road;
Both sides of Roberts Road at its intersection with Spook Hill Road;
Both sides of Reggie Drive at its intersection with Spook Hill Road
Section 3 - "Fines" is hereby amended to read as follows:
Any vehicles failing to observe the stop signs or yield signs above
described shall be subject to prosecution for violation of this Local
Law and shall be subject to punishment by a fine not to exceed $50.00.
A violation of this Local Law shall be deemed a traffic infraction.
SECTION 3
Local Law #3 of 1982 is further amended by the adoption of the
following new section:
Section 4 - "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 5 - "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,
NM
regulations promul ed thereunder and any other statutes
and regulations of the State of New York prescribing conditions
for the installations of such signs.
SECTION 4
Section 4 of Local Law #3 of 1982 is hereby renumbered to Section
#6, which is hereby amended to read as follows:
"This Local Law shall take effect immediately and upon filing
with the Secretary of State as .provided by law".
The following Resolution was offered by COUNCILMAN FANUELE who
moved its adoption:
WHEREAS, the Town Board has received a recommendation from
the Superintendent of Highways, Graham Foster, that the stop
signs presently located on Bank Street, at its intersection with
North River Road as per his letter dated August 2, 1990, a copy
of which is affixed hereto; and
WHEREAS, the Town Board has determined that it will be in
the best interests of the public health, welfare and safety to
relocate the stop signs as recommended by the Superintendent of
Highways.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption a proposed
Local Law of the year 1990 in the form annexed hereto as Exhibit "A".
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 the short form EAF for this project, in the form annexed hereto
as Exhibit "B".
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
Determination of Significance for this project.
5. The Town Supervisor is hereby authorized to execute part 3
of the short form EAF and further directs the Town Clerk to provide
for the filing and distribution of same as provided by law.
BE IT FURTHER RESOLVED that the Town Board hereby schedules a
Public Hearing on the proposed adoption of said Local Law to be held
at Town Hall on the 9th day of October, 1990 at 7:20 o'clock in the
afternoon and that the Town Clerk be directed to post and publish
Notice of Public Hearing in the form annexed hereto.
Seconded by: Councilwoman Visconti
Roll Call Vote: 5 Ayes 0 Nays
SUPERVISOR SMITH introduced the "Investment Policy for the Town
of Wappinger" as follows:
(Attached hereto and made part thereof of the Minutes
of this Meeting)
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
209
A vacancy existed in the position of Secretary to the Planning Board
and Zoning Board of Appeals, due to the resignation of Lia Scianna.
MR. VALDATI moved to appoint Gay Ann Hardisty as Secretary to the
Planning Board and Zoning Board of Appeals, at an annual salary of
$12,500, effective as of September 4th, 1990, prorated to the end of
1990.
Seconded by: Mrs. Smith
Roll Call Vote: 4 Ayes Mrs. Visconti ---Abstained
In the matter of Amendments to the Zoning Ordinance and Map, a
Resolution accepting the Draft EIS, was placed before the Board for
their consideration.
The following Resolution was offered by COUNCILWOMAN VISCONTI who
moved its adoption:
WHEREAS, the Town Board of the Town of Wappinger has caused to
be prepared a Generic Draft Environmental Impact Statement (GDEIS)
for the proposed major changes to the Town of Wappinger Zoning
Ordinance, and
WHEREAS, this Town Board has received and reviewed the Generic
Draft Environmental Impact Statement, prepared by Raymond H. Arnold,
Planning Consultant, dated September 1990, with the standards con-
tained in Section 617.14 of 6 NTCRR Part 617, and
WHEREAS, this Town Board finds that such DEIS is satisfactory
with respect to its scope, content and adequacy for the purpose of
commencing public review,
NOW, THEREFORE, BE IT RESOLVED that the Generic Draft Environ-
mental Impact Statement (GDEIS), dated September 1990, prepared by
Raymond H. Arnold, for the proposed major changes to the Zoning
Ordinance of the Town of Wappinger, is hereby accepted as complete
for the purpose of commencing public review, and
BE IT FURTHER RESOLVED, that the Town Clerk be and is hereby
directed to cause this Resolution, together with the Notice of
Completion and SEQR Hearing, to be distributed and circulated to
the appropriate persons, and
BE IT FURTHER RESOLVED that the Town Clerk be and is hereby
directed to cause copies of the GDEIS to be transmitted to the
appropriate persons for review.
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
The next Resolution was for the introduction of the proposed Amendments
to the Zoning Ordinance and setting a Public Hearing.
SUPERVISOR SMITH offered the following Resolution and moved its
adoption:
WHEREAS, the Town Board of the Town of Wappinger, at its August
27th, 1990 Regular Town Board Meeting, received for consideration of
adoption proposed amendments to the Zoning Ordinance and Zoning Map
of the Town of Wappinger, which amendments were prepared by
Raymond H. Arnold, upon recommendation of the Town of Wappinger
Comprehensive Planning Committee; and
WHEREAS, said amendments propose changes to the following
sections of the Town of Wappinger Zoning Ordinance, originally
adopted on the 9th day of July, 1979, and readopted on the 10th
day of March 1980, and amended from time to time thereafter:
220,300,310,320,330,340,411.8,416.62,420,421,422,
424,425,430,431,432,433,434,435,436,437,438,439,
445,503 and 514.1
WHEREAS, said amendments also propose the adoption of two
new sections to the Zoning Ordinance: 305 and 446; and
WHEREAS, the Town Board has directed that an Environmental
Impact Statement be prepared in contemplation of the formal
adoption of such proposed amendments; and
WHEREAS, the Town Board of the Town of Wappinger has this
date hereby accepted as complete the Draft Environmental Impact
Statement prepared by Raymond H. Arnold, Land Planner and
Development Consultant dated September, 1990; and.
WHEREAS, the Town Board of the Town of Wappinger desires to
formally consider the adoption of such amendments in accordance
with the procedures set forth in the Town Law, General Municipal
Law, Environmental Conservation Law and Municipal Home Rule Law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby
introduces the annexed Local Law entitled "A Local Law Amending
the Zoning Ordinance of the Town of Wappinger" and Znong Map
dated July 31, 1990, for consideration of their adoption by the
Town Board.
2. The Town Board of the Town of Wappinger has this date
accepted as complete, the Draft Environmental Impact Statement
prepared by Raymond H. Arnold, Land Planner and Development
Consultant, dated September, 1990.
3. The Town Board of the Town of Wappinger hereby directs
Raymond H. Arnold to prepare and distribute Notice of Completion
of Draft Environmental Impact Statement in the form annexed hereto,
as required by 6 NYCRR 617.10 and Local Law #2 of 1977, Section 41.
4. The Town Board of the Town of Wappinger hereby schedules
a Public Hearing regarding the adoption of the- annexed Local Law,
and, concurrently, on the Draft Environmental Impact Statement,
for 7:30 P.M. on October 18, 1990, said Public Hearing to be
conducted at Ketcham High School, Town of Wappinger, Dutchess
County, New York.
5. The Town Clerk is hereby directed to publish notice
thereof in the Town's official newspaper not less than fourteen
(14) days prior to said Public Hearing, and the Town Board of the
Town of Wappinger further directs the Town Clerk to act as
follows with regard to the adoption of the proposed Local Law and
the DEIS:
a) to distribute a copy of this Resolution, the
annexed Local Law, the DEIS and the Notice of Public Hearing to
the municipal clerk of each abutting municipality not less than
ten (10) days prior to said Public Hering;
b) to distribute
annexed Local Law, the DEIS
the Dutchess County Planning
accordance with Section 239
said Public Hearing; and
c) to distribute
annexed Local Law, the DEIS
the following named parties:
a copy of this Resolution, the
and the Notice of Public Hearing to
Department for advisory review in
of the General Municipal Law prior to
a copy of this Resolution, the
and the Notice of Public Hearing to
210
211
(1) Commissioner of the Department of Environmental
Conservation;
(2) New York State Department of Environmental
Conservation, Region 3;
(3) Supervisor of the Town of Wappinger;
(4) Clerk of the Town of Wappinger;
(5) Chairman of the Town of Wappinger Conservation
Advisory Council;
(6) Chairman of the Town of Wappinger Planning Board;
(7) Clerk of the Dutchess County Legislature;
(8) Dutchess County Executive;
(9) Dutchess County Environmental Management Council;
(10) Town of Wappinger Zoning Board of Appeals;
(11) Town of Wappinger Architectural Review Board;
(12) Clerk of the Orange County Legislature.
d) to distribute a copy of this Resolution and the
annexed Local Law to the Planning Board of the Town of Wappinger
for recommendation prior to said Public Hearing.
Seconded by: Councilwoman Visconti
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
The following Resolution was offered by SUPERVISOR SMITH who moved
its adoption:
WHEREAS, at its Regular Meeting on August 27, 1990, the Town
Board of the Town of Wappinger received a draft of proposed changes,
amendments and revisions to the Zoning Ordinance of the Town of
Wappinger and its accompanying Zoning Map as prepared by Raymond H.
Arnold, Land Planner and Development Consultant, in conjunction
with recommendations made by the Town of Wappinger Comprehensive
Planning Committee; and
WHEREAS, the Town Board of the Town of Wappinger at its
Regular Meeting on August 27, 1990, undertook to implement said
proposed changes, declared itself Lead Agency, and directed the
said Raymond H. Arnold to prepare an Environmental Impact Statement
in furtherance of the formal adoption of said proposed changes,
amendments and revisions to the Zoning Ordinance and Zoning Map; and
WHEREAS, said proposed changes have been reviewed by the Zoning
Administrator, Herbert Levenson, and Albert P. Roberts, Attorney to
the Town, and the Planning Board of the Town of Wappinger, all of
whom have recommended certain revisions to Section 411.8 "Lots Made
Non -Conforming by Future Amendment" and Section 503 "Violations and
Penalties"; and
WHEREAS, the Town Board of the Town of Wappinger hereby concurs
and accepts the proposed revisions to the aforementioned sections.
212
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby concurs in the recommendations
made by the Zoning Administrator, Attorney to the Town, and
Planning Board and accepts the proposed amendments to Section
411.8 "Lots Made Non -Conforming by Future Amendments" and Section
503 "Violations and Penalties" for consideration of adoption.
Copies of such revised proposed sections are affixed hereto.
2. The proposed changes made to Section 411.8 and Section
^ 503 heretofore submitted at the August 27, 1990 Town Board Meeting
are hereby stricken from consideration and are replaced with the
attached sections.
3. The Town Board further notes that the Zoning Map submitted
for consideration at the August 27, 1990 Meeting was dated July 31,
1990.
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
The next Resolution referenced a deferred compensation plan for the
employees which the Town Board had authorized several months ago.
Mrs. Smith explained that the Board decided to tiike two plans, as
requested by Mr. Incoronato, but were allowed to take only one at a
t1mei� They ran into many problems with the first choice, the Hill
Agency. It seems that, according to the State, we should have gone to
bid on this and also had it published. On the other hand, by going
with the State Plan, Copeland, which was their other choice, they were
not required to do bidding or permits. It was her opinion this was
the State's way of doing it so the municipalities would choose the
State plan, however she wanted to provide the plan to the employees
so this is the way they were going. Mrs. Visconti concurred with her.
The following Resolution was offered by COUNCILMAN INCORONATO who
moved its adoption:
WHEREAS, the Town Board has determined that it is in the best
interests of the residents of the Town of Wappinger to provide for
stable employment for all Town employees; and
WHEREAS, the Town Board has determined that a deferred
compensation plan will be cost effective for the Town and be an
incentive to retain experienced and competent Town employees; and
WHEREAS, the State of New York has in place a deferred
compensation plan which is available for utilization by employees
of the towns of the State of New York; and
WHEREAS, the Town Board of the Town of Wappinger wishes to
take advantage of the deferred compensation plan which is presently
in effect under the auspices of the State of New York.
213
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby adopts for implementation the
Deferred Compensation Plan for Employees of the State of New York
and Other Public Jurisdictions as a plan to be used for employees
for the Town of Wappinger.
2. The Town Board hereby directs the Town Attorney to
review any necessary documents required to implement the State
plan and authorizes the Supervisor to sign whatever documentation
is required to implement the same.
Seconded by: Councilwoman Visconti
Roll Call Vote: 5 Ayes 0 Nays
MRS. VISCONTI moved that the Supervisor forward a letter of protest
to the State for exempting them from the procedures required for
private companies to provide the Deferred Compensation Plan for
employees of the State on the grounds that it eliminates competition.
Seconded by Mr. Fanuele
Motion Unanimously Carried
Unfinished Business ---
Mr. Fanuele asked if there was a report on the progress of the problem
with the Pondview Pumping Station located in front of Mr.Hussain's home.
Mr. Paggi reported that he had resubmitted the plans they had formerly
sent to the Health Department and have had no response as yet. He
discussed this with the Operators of the District regarding better
maintenance of the existing shrubbery and asked for a plan to improve
the overall esthetics of the area at a minimum cost. A further report
would be forthcoming when he is in receipt of the determination of the
Health Department.
On a related matter, Mrs. Smith noted that the Operators, Camo Pollution
Control, as part of their contract with the Town, had cleared areas
around the fire hydrants and painted them, so the residents may have
noticed that we do have them around the Town.
Mrs. Smith reported that they had a cablevision meeting with other
municipalities interested in forming a joint committee for the purpose
of getting better cooperation and service from the cable company. All
but one municipality was present and a letter of support was received
from this one who will attend the next meeting. They asked that the
members request a letter of support from their Town Boards, for the
formation of this committee; the name will be Intercommunity Cable
Committee. They plan to invite customers across the river who are
serviced by U.S. Cablevision to join this Committee. The Town of
Wappinger will host the meetings, the next one is planned for October
11th, 1990.
MR. INCORONATO moved that the Town Board offer a Resolution of Support
for the formation of the Intercommunity Cable Committe.
Seconded by Mrs. Visconti
Motion Unanimously Carried
214
John Schouten had previously asked the Town Board to consider a tax
abatement program for preservation of open space and now asked if they
had addressed this. They responded that he should submit a proposal
for them to review; Mr. Incoronato suggested that this be referred to
the Assessor and the Town should encourage the formation of green belts.
A work shop was scheduled for October 9, 1990 with the Assessor and
Mr. Schouten.
In the matter of conveyance of parcels in Fieldstone Farms to the
Town, Mrs. Visconti questioned the Attorney on the status and was
informed that he was waiting for the developer to submit revised
legal descriptions. Mrs. Smith would schedule this for a work shop
unless it was finalized prior to that.
New Business ---
Due to the fact that there has been much discussion lately re the
Vandalism Patrol versus services from the Sheriff Department, Mrs.
Smith notified the Board Members that she wished to appoint a Police
and Vandalism Advisory Board and invited each member to submit a name
to her by Friday, to be appointed to this Board. They will look into
the procedures the Town now uses to combat vandalism, what is available
to us, and what this proposed Board recommends we should be doing. Upon
receipt of their findings, the Town Board will then decide their course
of action.
The Supervisor presented the 1991 proposed Town Budget to the Town
Clerk with the following explanation:
After the audit of the 1989 records, the fund balance was determined
to be $702,000. in the A fund (townwide), $500,000 of the fund was
used by the previous administration and appropriated to offset taxes
for the 1990 budget leaving a possible $202,000 for 1991.
Using this amount of the fund balance put the town in a strained
position for preparation of the 1991 budget. We have implemented
procedures to try to hold the line on expenditures. As a result,
the 1991 projection of expenditures is $1,922,905. hopefully
bringing the Town's financial situation back in line. In ---1989, it
215
was $1,764,948, then up in 1990 to 2 million, and now back to 1,9m --
Actual expenditures for 1991 have gone down approximately $100,000 which
is a result of she and the Comptroller reviewing the budget in February
to see where the problems were and cutting accordingsly; they also
implemented many procedures for purchasing, central supply base, etc.
which may seem small, but do add up. The increase in taxes is due to
the decrease in revenue which we have no control over. Revenues were
over estimated in preparing the 1990 budget, the 1991 revenues will
be reduced due to Federal, State and County financial difficulties and
the mortgage tax will decrease due to slow resale of homes. Things we
have no control over such as Medical Benefits increased 11%; the fuel
and utilities increase due to crisis in the Middle East.
Despite all our efforts, we will still have to increase taxes by 14%
townwide and 31.5% in the Village. The increase in the Village is
misleading because the Village collected their own County sales tax,
their tax should actually decrease because they are receiving these
revenues to offset the increase. The 14% increase is equal to .65
per 1,000 per assessed value, 31.5% increase is equal to .45 per 1,000
per assessed value, therefore, houses with assessed value of $100,000
will have a tax increase to $65.00. This is her budget, subject to
change by the Town Board.
The Town Clerk then presented the Tentative Budget for 1991 to the
Town Board. It now becomes the Preliminary Budget and after review
and possible cutting by the Town Board at many work shops which will
scheduled by the Supervisor, it will be presented to the residents at
a public hearing for their review and comments.
Still under "New Business", Mr. Fanuele noted that he was in Toronto
last week and they have a program called "Seniors for Seniors" which
he thought would be a good name for a senior program whereby they can
take care of their own. He would like to discuss this further at a
future work shop after they receive a report the Recreation Commission
is compiling for a senior program.
He brought up another item regarding the Crayola Company retiring eight
colors and they are now in a museum which prompted his next suggestion
that the Town should have an album, or whatever, of past elected officials;
pictures of the present officials could hang on the wall across from the
Town Clerk's Office so people who come into the Town Hall can recognize
their elected officials. When they retire, these pictures can be put into
the album with the past ones. He recommended that the Town Historian go
back as far as she can and contact our previous officials or their next
of kin for a picture. The other Board Members seemed to go for this
idea ---and all due to Crayola!
Another item on the light side, the Supervisor noted that "Vic" Fanuele
T�
has many talents, such as being a computer master mind, recycling overseer,
etc., but his hidden talent is that he is a custodian who pitches in at
a crucial time when the men's room overflowed and he and his mop took
over. So he can add "Sanitary Engineer" to his long list of talents!
216
Mr. Incoronato made reference to a communication from the New York
State Unified Court System, which was forwarded from Carl Wolfson,
stating that "Chapter 252, Laws of 1990 amends Section 20 of the
Town Law and Section 4-400 of the Village Law to provide that the
Clerk of a Town or Village Justice Court may be employed and discharged
only upon
the advise and consent
of
the justice
or justices of
the
affected
court". Does this mean,
he
questioned,
that to hire
or fire
someone they must have the approval of the justices or is it permissive?
The Attorney responded that the appointment of a Court Clerk is made by
the justices and the Supervisor pointed out that this Town has been
doing this for years so there really is no change in our procedures.
John Schouten had requested to speak again and this time he had a
request relating to taxes and although he was unhappy after paying his
school tax, he knew it was not the Town's doing; it seems that on this
coming Wednesday, our Federal Government in Washington D.C. intended to
vote on a bill which would stop tax deductions on property and school
taxes, so he therefore requested the Town Board to write to our two
Senators and Congressman protesting their proposed action.
MRS. VISCONTI moved to authorize the Supervisor to write to our
Representatives in Washington D.C. protesting their proposed action
on a bill which would not allow tax deductions on property and school
taxes.
Seconded by Mr. Fanuele
Motion Unanimously Carried
Mrs. Visconti spoke on a "Breakfast For Leadership", put on by the
State and the items they were discussing for the business community
were elder care and day care. There were speakers from different
localities telling of their ventures and it seems I.B.M. is getting
involved and possibly will fund programs. She discussed this with the
County Clerk, Bill Steinhaus who was present at that meeting due to
his intent to involve the County; he has since contacted her re the
United Way involvement in these programs. If the other Board Members
were interested, Mrs. Visconti suggested that they have a speaker to
one of their work shops and discuss the feasibility of the Town spon-
soring such programs. Since the Supervisor is on a committee for the
United Way, she offered to contact them and arrange a meeting for this
purpose.
217
There was no other business to come before the Board.
MR. INCORONATO moved to adjourn the meeting, seconded by Mrs. Visconti
and unanimously carried.
The Meeting adjourned at 9:15 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 9/24/90
L Jai
T
September 10.1990
INVESTMENT POLICY FOR THE TOWN OF WAPPINGER
The Comptroller, in conjunction with the Supervisor► has
L .
established operating procedures and control for investments of town
monies. All available monies not needed for current operation are
invested by the Comptroller with the approval of the Supervisor. The
Comptroller will submit a monthly report to the Supervisor on all
investments made by the Comptroller.
The objectives of the Investment Policy of the Town of Wappinger
are to minimize risk; to insure that investments mature when the cash
is required to finance operations; and to insure a competitive rate of
return. In accordance with this policy, the Supervisor in conjunction
with the Comptroller, is hereby authorized to invest all funds including
proceeds of obligations and reserve funds in:
Certificates of Deposit issued by a bank or trust company
authorized to do business in New York State;
Time Deposit Accounts in a bank or trust company authorized
to do business in New York State;
Obligations of New York State;
Obligations of the United States Government;
In Repurchase Agreements involving the purchase and sale of
direct obligations of the United State .
All funds except Reserve Funds may be Invested in:
Obligations of agencies of the fe eral government if
principal and interest is guarant ed by the United States.
With the approval of the State Co ptroller, in Revenue
Anticipation Notes or Tax Anticiption Notes of other
local governments.
9/10/90
page 2
Only reserve funds may be invested in:
Obligations of the Local Government.
All investments made pursuant to this 'nv
with the following conditions:
1. COLLATERAL
stment policy shall comply
a. Certificates of deposit shall be f lly secured by insurance of
the Federal Deposit Insurance Corp ration or by obligations of
New York State or obligations of tle United States or obligations
of federal agencies the principal and interest of which are
guaranteed by the United States, o obligations of New York
State local governments. Collater 1 shall be delivered to the
Local Government or a Custodial Bank with which the Local
Government has entered into a Custodial Agreement. The market
c.
valued to market at least weekly.
Collateral shall not be required with respect to the direct
purchase of obligations of New Yor State, obligations of the
value of collateral
shall at all times
equal or exceed the
principal amount of
the certificatE
of deposit. Collateral
shall be monitored no
less frequently
than weekly, and market
value shall mean the
bid or closing
price as quoted in the
Wall Street Journal
or as quoted by
another recognized pricing
service.
b. Securities purchased
through a rep
rchase agreement shall be
c.
valued to market at least weekly.
Collateral shall not be required with respect to the direct
purchase of obligations of New Yor State, obligations of the
9/10/90
page 3
United States► and obligations of 4ederal agencies the principal
and interest of which are guarant
Government.
2. DELIVERY OF SECURITIES
a. Repurchase Agreements. Every Repu
for payment to the seller only upo
obligations of the United States t
by the Town of Wappinger, or in th
transaction► when the obligations
by the United States
hase Agreement shall provide
the seller's delivery of
the Custodial Bank designated
case of a book -entry
f the United States are
credited to the Custodian's Federal) Reserve Bank Account. The
seller shall not be entitled to su stitute securities. Repurchase
agreements shall be for 30 days or less. The Custodial Bank shall
confirm all transactions in writing to insure that the Town of
Wappinger's ownership of the securities is properly reflected on
the records of the Custodial Bank.
b. Payment shall be made by or on behalf of the Town of Wappinger
for obligations of New York State, obligations the principal
and interest of which are guaranted by the United States, United
States Obligations, certificates if deposit, and other purchased
securities upon the delivery thereof to the Custodial Bank, or
in the case of a book -entry transction, when the purchased
securities are credited to the Cu todial Bank's Federal Reserve
System account. All transactions shall be confirmed in writing.
9/10/90
page 4
All trading partners must be credit wodthy. Their financial statements
'lust be reviewed at least annually by the
he Comptroller, to determine satisfactory
Supervisor may use credit rating agencies
of trading partners.
Concentration of investments in financ
avoided.
Investments in time deposits and certi
made with banks or trust companies. Their
reviewed by the Supervisor, in conjunction
determine satisfactory financial strength.
Repurchase agreements, shall be entere
trust companies or registered and primary
,--,government securities. Sound credit judgm
'to trading partners in repurchase agreemen
inclusion on a list of the Federal Reserve
evidence of credit worthiness.
pervisor, in conjunction with
inancial strength or the
determine credit worthiness
institutions should be
cates of deposit are to be
nnual reports must be
ith the Comptroller, to
into only with banks or
porting dealers in
is must be made with respect
. It is not assumed that
s automatically adequate
Repurchase agreements should not be entered into with undercapitalized
trading firms.
3. DESIGNATION OF CUSTODIAL BANK
1. Custodial Bank. The Trust Bank
New York is
chartered by the State of
al Bank of the Local
Government's investments. However,lsecurities may not be
9/10/90
page 5
purchased through a Repurchase Agreement with the Custodial
Bank .
a. Norstar Bank Upstate New York operating account.
b. Chase Manhattan Bank - Custodi 1 Bank.
Knowledge of market conditions is maintained daily. Current interest
yields by type of investment together with forecasts of future interest
trends are reviewed and analyzed to determine investment policy that will
maximize earnings. As a result, the Superisor's concentration of
investments between United States securiti s and time deposits may vary
depending on market yields between these tylpes of investments.
Market conditions and cash flow requirements are considered in
determining the term of an investment. In addition, rates offered by
institutions are often contingent on the length of time funds are
required by them. As a result, depositories often request a specific
term for the investment which is agreeable
of the attractive rate offered. The term
o the Supervisor because
an investment is also
influenced by the maturity dates of other investments within the fund.
An overconcentration of short or long-term maturities within funds is
avoided.
PROCEDURES USED IN MAKING INVESTMENTS
U.S. Treasury Securities
when purchasing U. S. Treasury Obligat
the Supervisor, in conjunction with the Co
four and seven security dealers or banks f
investment. When a determination is made
(bills, notes and bonds)►
troller, contacts between
the best rate offered for the
arding which dealer or bank
}
9/10/90
page 6
the Supervisor will make the purchase from,lfunds are transferred to the
Bank, the Supervisor's Trustee, for use by the Investment Custody Division.
he Investment Custody Division releases the funds covering the purchase
only after advice from the Federal Reserve MBank that the securities have
been received through Federal Reserve book -entry.
Certificates of Deposit
When certificates of deposit are purchased, a determination is made
regarding the length of time for which the investment should be purchased.
In order to determine current market rates, interest rate quotations
are obtained from at least two New York City banks. There are
approximately 19 banks in which the Supervisor has contracted to purchase
certificates of deposit in which appropriatB collateral has been pledged
in accordance with the General Revenue Bond Resolutions. The determination
regarding which banks are to be contacted is based upon the availability
of collateral and the amount of monies already invested with that bank.
Funds are generally invested with the bank paying the highest rate of
interest, providing there is sufficient collateral to cover such
investment.
These banks, in addition to posting colateral► have expressed interest
in issuing certificates of deposit, have de*onstrated an ability and
willingness to provide competitive interestlrates an are financially
sound.
Funds to cover the certificates of depo�it are wired directly to the
bank in which the certificate of deposit is1purchased. There are two
written agreements executed between the Supervisor of the Town of
9/10/90
page 7
Wappinger and each bank. These agreements
are an undertaking and
Lassignment of securities. These agreement commit the bank from which
the Supervisor has purchased a certificate of deposit to the Supervisor's
terms and conditions of sale and indemnifies and holds the Supervisor
harmless for any loss of funds. Only with the approval of the
Supervisor are adjustments made in the amount of collateral held by
the Bank. Collateral is priced to insure that the market value of the
securities pledged is equal to or greater than the amount invested in
certificates of deposit.
When the market value of the collateral is not sufficient to cover the
investments currently held, additional colllateral is immediately pledged.
When a certificate of deposit matures,
immediately needed, they are generally rol
However, if the bank is not paying the hi
the funds are not
over with the same bank.
t rate of interest quoted
by the other banks, they are requested to match the highest rate. If
this requirement cannot be met, the funds are transferred to another
bank or invested in U. S. Treasury securities.
Repurchase Agreements
The Supervisor of the Town of Wappinger enters into repurchase
agreements with those banks or brokers appearing on the Federal Reserve
Bank's most current list of primary reporti g dealers in government
securities. In addition, the Supervisor enters into a written agreement
with each bank or broker prior to investing in repurchase agreements.
The written agreement commits the broker or bank to the repurchase of
the securities and provides for the Supervi or's right to sell the
7
9/10/90
page 8
the securities should the bank or broker d4fault at the time the
repurchase agreement matures.
a.
Flexi -
Cash -
Merrill
Lynch
b.
The Bank
of New
York -
Custodial Bank
When a repurchase agreement investment is made by the Supervisor,
funds are wired to the Bank. The Bank releases the funds covering the
purchase only after the securities (direct obligations of or guaranteed
by the U.S. Government) are received by the Investment Custody Division
or advice from the Federal Reserve Bank that the securities have been
received through Federal Reserve book -entry. The requirement is payment
only against delivery, which is the same requirement used when Treasury
securities are purchased outright. The Sup rvisor also receives written
confirmation of the securities purchased un erlying the repurchase
agreement. The description of the securities is provided at the time
the investment is made to enable the Superv'sor to price the securities
and determine the market value is sufficien to cover the principal and
interest payment to be made at maturity.
During the term of a repurchase agreeme�t, the Supervisor does not
allow the bank or broker to substitute securities for the original
securities purchased. This prohibition rei forces the Supervisor's
position that the transaction is a bonafide sale and delivery of the
securities against payment is not collatera for the purpose of securing
a loan. These securities are priced at curlent market value including
acrued interest, which further reinforces t e position that the securities
are purchased.
9/10/90
page 9
Repurchase agreements may be for overnight investments or periods
Lgenerally not exceeding 30 days. This requirement protects the
Supervisor from significant fluctuations occurring in the market value
of the securities. Should the market value not be equal to the amount
of the investment and the interest to be paid at maturity, additional
securities are delivered to cover the investment.
LIQUIDITY
Certificates of Deposit
Monies in a certificate of deposit woull be for the term of the
certificate.
Repurchase Agreements
Repurchase agreements can be liquidated on a daily basis, provided
the wire transfer is instituted by 1:00 P.M on a given business day.
A Public Hearing was held by the Town Bo rd of the Town of Wappinger
on September 24, 1990, at the Town Hall, Middlebush Road, Town of
Wappinger, Dutchess County, New York, on an Ordinance Amending the
Ordinance for Administering and Enforcinc the Uniform Fire Prevention
and Building Construction Code.
Supervisor Smith opened the Hearing at 7:
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
15 P.M.
The Town Clerk offered for the record the Affidavits for Posting and
Publication duly signed and notarized. jThese Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
Mrs. Smith noted that this Ordinance will increase the Building
Permit Fees and is open to the publicto comment and/or question the
proposed Ordinance which will authorize hese increases.
There were no comments made by the public either for or against the
proposed Ordinance to increase the Build4ng Permit fees.
MR. INCORONATO moved to close the Public
Visconti and unanimously carried.
The Hearing closed at 7:20 P.M.
Hearing, seconded by Mrs.
ine H. Snowden
n Clerk
TOWN BOARD: TOWN OF WAPPING
DUTCHESS COUNTY: NEW YORK
-------------------------------
IN THE MATTER AFFIDAVIT OF
POSTING
OF
NOTICE OF PUBLIC HEARING ON IN
ORDINANCE AMENDING THE TOWN OF
WAPPINGER ORDINANCE FOR ADMINISTERING
AND ENFORCING THE UNIFORM FIRE PREVENTION
AND BUILDING CONSTRUCTION CO E.
-----------------------------a-------------
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being dul sworn, deposes and says:
,That she is the duly elected, qualified and acting Town
Clerk of the Town of Wapping
State of New York.
That on September 13, 1990,
of the attached notice of Pu:
Amending an Ordinance for Adi
Uniform Fire Prevention and
on the signboard maintained ]
in the Town Hall of the Town
Town of Wappinger, Dutchess I
Sworn to before me this'Al
day o,e,,> 1990.
NOTARY PUBLIC
,LINDA K UUCCI
Notary Public, State of New York
No 2381720
Qualified in Dutchess County
CMfnlsslon Expires 10/31/19,
, County of Dutchess and
r deponent posted a copy
is Hearing on an Ordinance
nistering and Enforcing the
ilding Construction Code,
your deponent in her office
f Wappinger, Middlebush Road,
ty, New YOrk.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Southern Dutc ess News
914 297-3723
84 EAST MAIN STREET — RIA PINGERS FALLS
A'EW YORK - 12 90
AFFIDAVIT OF PUBLICATION
of New York,
Ly of Dutchess,
own of Wappinger.
......... masabeth.-Zinacker............ of the
nforcing the Uniform Fire DWELLINGS -
r0 tion and Building Construc• 1 STORY WITH BASEMENT..
55 own Of Wappinger, Dutchess County, New York,
xie, is hereby amended to 1 STORY ON SLAB
follows:- W/CRAWL SP. ..50
Val tion 11. Building Permit Fees 1Yz STORY W/BASEMENT:; z:7S being duly sworn says that he is and at the several
fee for the issuance of a 11/2 STORY ON SLAB -, ? ' '
S� 3permit shall becharged the W/CRAWL SP. :. 70 Bookkee er
I $4.00 per $1,000.00 of 2ND STORY.::. 30 _ t meS hereinafter was, the .................... }?........
ad cost of the structure or im- ADDITIONS TO DWELLINGS
lent with a minimum fee of ESTIMATED AT
which fee shall be based $10.00 LESS PER CATEGORY f the SOUTHERN DUTCHESS NEWS, a
Anc urc he estimated costs of con LESS $10
n as shown on the attached GARAGES
' n 9 Permit Estimating Guide CARPORT...... 10 ewspaper printed and published every Wednesday
i' I July 23, 1990 affixed hereto: 1 STORY ATTACHED .. 21T
ide part hereof. ,, 1 STORY DETACHED:... .22"'
set cept as hereby amended Ad. 11A STORY ATTACHED ..25 1 the Town of Wappinger, Dutchess County, New
9 pre,iDu-cie d, the. "Town of Wappingger 1112 STORY DETACHED ' r' :.27_
9 -,rice ice for Administering and Fri. 2 STORY ATTACHED 30 ,1
ie the Uniform Fire Prevention OIk and that the annexed NOTICE was duly
vi°.60Bf 2 STORY DETACHED... 32'.
as Na . I Ilding Construction Code" is PORCH/DECK
rallied; re -adopted and
imed f OPEN 4:. 10 published in the said newspaper for one..„weeks
1e FANUE COVERED .. 20 -
3s FANIJE is Ordinance shall take stied SCREENED 22
atter posting and publication
'g BEP uired by Town "Law, Section ” ENCLOSED -NO HEAT ....30 S ccessivel in each week commencing On the
Boaai ENCLOSED -YEAR ROUND. ..35 Y g
IT that Mie GREENHOUSE
RESIDEELAINE H SNOWDEN , },
by I;*
TOWN CLERK , BARNSAITIAL-. 35` 1. tb. da Of ..SaPtember19.9.Q and on the
n. Tov t BARNS Y
.a Adman TOWN OF WAPPINGER ALL TYPES ..23
er UnifM* 1: Sept. 10, 1990 SHEDS
n- ConeMt! V PROPOSED BUILDING;.. (UNDER 200 SO. FT(f Alowing dates thereafter, namely on
m MIT ESTIMATING GUIDE-.. WOOD/METAL.. ....... 10
in hhas hasthenll $COST/PER SO.'FT. SHEDS
m mad&ti _INGS t (200 SO FT OR MORE)..............................................................
ie amelNh ENTIONAL) WOOD/METAL 23
'e Ordw RY' WITH ASEMENT..60 POOLS
RYONSLAB FLAT FEE) and ending on the ..12th.... day of .-SSep.-....
17 tle i jhWlq BAWL SP:...' 55 ABOVE GROUND ..20
fA ed id tl ORY W/BASEMENT :.60 IN GROUND... 35
rd 1 $1 'ORY ON SLAB MINIMUM FEE.... .$20.00 19.90 both days inclusive.
fs RAWL SP,,.. ...75
i ping,'' ?ORY :..30
��ff .................................
bscribed and sworn to before me
...12th... day of ... Sept-M..r. 19.9
..........
'� I Notary Public
4
commission expires .................................
RACHEL NVISHART
NOTAP,Y FUS !_ . - ..', fi F.11,1' YORK
COUi1lTY
COMn9lSStDiJ EX)''ikES Mn i -H 31, 194)-