1990-07-30 RGMA Public Hearing was held by the Town Board of the Town of Wappinger
on July 30th, 1990, at the Town Hall, 20 Middlebush Road, Town of
Wappinger, Dutchess County, New York, on a proposed Local Law for
Tree Preservation in the Town of Wappinger.
Supervisor Smith opened the Hearing at 7:15 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits are
attached hereto and made part thereof of the Minutes of this Hearing).
Mrs. Smith explained that there will be changes they will have to
make, as suggested by the D.E.C.
as follows:
The Town Clerk read the changes
Pg. 1 Section I. Purpose --A) Include renewable forest products,
as one of the benefits to the Town.
Pg. 2 Section II. Definitions --A) Clear Cutting - Is the
restriction just to one acre, insert, larger than one acre?
D) Specimen Tree - 24" is very small for most native trees.
I would suggest that a specimen tree is the quintessential
representative for the species. This should be within 10%
of the NYS Champion for the species and in perfect health.
Enclosed is a big tree list. Sub -sections B,C,E,F, okay.
Pg. 3 Section III. Administration and Enforcement ---B) Zoning
Administration shall ... 2. Inspect the trees. Will the
Administrator verify the tally of the amount of trees
on all parcels over one acre so that the enforcement
of clear cutting, as per Section II, subsection A, can
be legally enforced? Subsections 1,3,4 okay
Section IV. Permit ---A) Who determines % slope?
A) 3. What is any living tree? I" in diameter or 6"
in size, or potential to become 6" in size. A more
manageable distance may be 10". 4. Clear cutting -
the question of size of trees I" or 6", or 12" should
be spelled out; also, who does the tally. 5. Again,
who is going to measure all the trees over 12" DBH?
Is it the landowner, consulting forester, CAB, zoning
administrator?
Pg. 4 Section IV. B) Numbers 1,2,3 okay. Suggest #4. Trees
marked for removal by a consulting Forestry, government
forestry official, or designated town or county official,
and property under the Forest Tax Law 480-a shall be
exempt.
Pg. 5 C) Suggest #5. Proper crown development (see Appendix B
for general spacing recommendations), add at end of
sentence - species of tree or as marked by a qualified
consulting forester, government forestry official or
designated county or town official.
Pg. 6 Section V. Permit Application ---D) Again, we should set
a limit as to what a significant tree is? Recommend a
tree over 6" or 12".
Pg. 7 Section VI. Conditions for Granting Permit ---F) Trees
designated to be preserved shall have snow fence installed
around the tree or trees, as indicated by the drip line
of the trees. G) There shall be no storage of construction
material, soil, fuel, containers, etc., within the drip line
of the tree designated to be saved.
Pg. 9 Appendix A. Some thoughts on Appendix A: Protected trees.
I doubt that you will find any of these species in the wild.
You may find a very rare planted, ornamental specimen;
example, Kentucky Coffee tree.
After a brief discussion on the changes that were suggested, it was
learned that the Regional State Forester would meet with the Town
Board at a work shop and go over this proposed Law with them.
The Town Board agreed with that and the Hearing continued. Mrs. Smith
opened the meeting to the public for their comments on the proposed
Local Law.
John Schouten, Ketchamtown Road, wanted to know what good it was to
have a piece of property if you couldn't do what you want with it.
Now they are telling him he can't cut wood, grass, can't put a fence
up, have to put a fence up --does he own the place or not.
Mrs. Smith noted that this law was intended to address the developers
who come in and clear the land of trees, it was not for the homeowners.
Harry Harned, property owner in the Tall Trees Development, has about
40 trees on his property, 60' in height, and periodically some have
to be taken down; as he understands this law, he has to get a permit
pay a fee in order to get rid of these trees. Mrs. Smith explained
that property owners have to maintain their trees, they expect that, and
this law is not aimed at them when they have to remove a tree for one
reason or another. He then said that the law was not clear, it did
not indicate what she was implying.
Tim O'Dell objected to definition of a specimen tree with a description
of a trunk 24" or more. This, he said, would have to be more than
100 years old and very rare in this County. The law stated that 24"
is very small for most native trees, and the D.E.C. suggested that a
specimen tree is the quintessential representative for the species.
This should be within 10% of the NYS Champion for the species and in
perfect health. Mr. O'Dell felt that 24" might be unconservative and
they might go smaller than that. Mr. Incoronato suggested 6" which
represents 15 to 20 year growth, he would like to see this specimen
protected.
Charles McCluskey said that what they were considering with this law
frightens him. This country is rapidly destroying itself with over-
regulation. He understands the reason for the law is because the
developers are stripping the top soil and to some extent, he said,
this is admirable, but he feels that the problem is vastly exaggerated.
The reason we don't have affordable housing that we certainly need is
due to the vast and costly regulations that have been placed on people
trying to build houses. He believes that if he had a tree in his yard
that he wished to remove that's maybe 8' from his neighbor, that's his
business and not the business of this Board. It's a strange country
when we can burn down the American Flag, but God forbid, don't cut
down a tree. Tonight they have a choice, either continue down the
road with government thinking or you can say --this really is none of
our business.
Bob Wallace thought there should be a law to keep the rural flavor in
the Town of Wappinger and he applauds them for that.
Ernie Prassel applauded Charlie McCluskey and this is a gross infringe-
ment on the rights of property owners, he questions its merits, and he
questions the motivation behind it. He believes there are more trees
in the Town now than there were 50 years ago and they are not threatened.
He agrees that the developers have stripped the land, but don't saddle
the individual property owner with such regulations.
Dan Sopchak, Cedar Hill, agrees that the property owner not be restricted,
and the Board should give him some credit for intelligence. He read a
news article relating to this law and getting a permit to cut a tree is
ridiculous, it doesn't make sense.
Barbara Otis asked if the fees for the permits could be applied to
the loss of building fees if construction ceases.
Jim Mills asked about clearance of trees for utilities and maintenance
of lines.
Charles McCluskey spoke on Central Hudson and clearance under the
power lines.
There were other residents who spoke, however, the Supervisor agreed
that the law needed further review and the Board would not act on the
one presented.
MRS. VISCONTI moved to close the Public Hearing, seconded by Mr.
Incoronato and unanimously carried.
The Hearing closed at 7:56 P.M.
P.H. LL Tree Preservation
7/30/90
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
-----------------------------------
IN THE MATTER
OF
A PROPOSED LOCAL LAW FOR TREE
PRESERVATION,IN THE TOWN OF
TOWN OF WAPPINGER
------------------------------------
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says;
That she is the duly.elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on July 18, 1990, your deponent posted a copy
of the attached notice of Public Hearing on a Proposed
Local law for Tree Preservation in the Town of Wappinger
on the signboard maintained by your deponent in her
office in the town Hall of the town of Wappinger, 20
Middlebush Rd, Town of Wappinger, Dutchess County, New
York.
Lo
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to beforem me this .�O r/7 day
of 1990.
.
- : Y'ndo-�- Notary Public
&=A OL LRW
"Na rumN,� 11wI"
1-1
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
.Elisabeth Inacker
........................................................ of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the .....Bookkeeper.....
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for .one ... weeks
successively in each week, commencing on the
......1.$tltay of ..... duJ.y...... 19 -9.0 -and on the
following dates thereafter, namely on
.................................................................
and ending on the ...lith..„ day of .....July„
19 A. both days inclusive.
Subscribed and sworn to before me
this JRMI.... day of .......11G y......... 1.99 0..�
............. h�a, /" �'.;^G.r't
Notary Public
My commission expires .................................
RACHU WISHART
NOTARY PUBLIC, STATE OF NEW YORK
OUALIFIED IN QUTCITESS COUNTY
H 144855902
COMMISSION EXPIRES MARCH 31, 1j;
A
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
JULY 30, 1990
.l. SUPERVISOR CALL MEETING TO ORDER
2. ROIL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes Reg. June 25, 1990
G. REPORTS OF OFFICERS: T/Justices Receiver of Taxes
H. Supt. Hydrant report Dog Control Officer
5. PETITIONS & COMMUNICATIONS
a.
b.
C.
d.
e.
f.
9.
h.
i.
J•
k.
1. .
m.
n.
o.
Zng. Adm. Bldg. Inop
The Honorable Stephen M. Saland, Assemblyman Update on Legislati n
Wildwood Condo Association re: Sewer Rates
Receipt of Certioraris from: Leemilts; Waldbaum; Imperial Plaza
partnership; Cedar Hill Dev. Corp; Fr.eindly Acura; Wapp. Falls Own!r
corp. & Wapp. Fallls Plaza Associates; Tex.land & Southland Corps.
B. R. Brinkerhoff, 16 Sachson Place, re: Water Meter .leak &
request for reimbursement of damaged property.
Notice of intent to renew liquor license by M. Tavares-E.T. Deli
Dennis Truett re: Water problem -disagrees w/ Eng. report
G. Foster, H. Supt., request to seek bids for excess equipment
Applications for Hawking & Peddling Licenses by: Thos. Weber &
Steven & Rose Marie Santora
Notice of P.H. T/Pk on Zng. Ord Amendments
J. Paggi, Eng, to Twn., report on Marlyn Drive/Old Hopewell drainage
Requests for refunds of Road opening Bonds and Escrow deposits by:
(1) A. Dal.ia, (2) K. Leung (3) Mario Leone -escrow (4) Sokol -escrow
(5) New Hackensack Reformed Church -escrow
Y. Tompkins, Chelsea Fire Dist., cites a change of Polling place
from Chelsea School house to Chelsea Fire House ( across St.)
Y. Tompkins, Chelsea Fire Dist., requests waiver of Bldg. Permit
fee for renovations of Fire Co. Bldg.
Correspondence from M. Rudikoff re: Tri -Muni Stage lA Arch. Study/
111 Field Study
J. Sedore, Tri -Muni Accountant, re: Cost estimates 7/1 thru 9/30/9
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. A. Buckley, Compt. requests transfer of money
b. Consider bids for Contract "B" Wapp. Sewer Impr. Area #3
c. Consider bids for River. Rd. No. Culvert box
d. Consider adoption of Local Law on Trees
e. Introduce and set Public Hearing on Local Law for Regency Dr. No P
f. Introduce and set Public Hearing on Local Law for Ervin Dr. No Par
g. Consider appointment of Recycling Coordinator
h. Consider appointment of secretary to Planning Board to fill vacanc
i. Consider adoption of Town Vacation, etc. Policy
j. Adopt Order calling for Public Hearing for Wappinger Park Water
Dist. increase
k. Consider adoption of Public Interest Order for Myers Corners II
1. Consider adoption of Public Interest Order for Cranberry
8. UNFINISHED BUSINESS
a. Corr. from Hayward & Pakan re: Joint City/Town Pk Water Project
.A U. Confirm appointment of. Robert Colden asN.Hackensack member
Fire Prevention Bureau
9. NEW BUSINESS
10. ADJOURNMENT
REMINDER: Public Hearing on Local Law -Trees -at 7:15
ix
148
The Regular Meeting of the Town Board of the Town of Wappinger
was held on July 30, 1990, at the Town Hall, 20 Middlebush Road,
Town of Wappinger, Dutchess County, New York.
Supervisor Smith opened the Meeting at 8:00 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
All joined in the Pledge of Allegiance to the Flag at the commencement
of the meeting.
The Minutes of the Regular Meeting of June 25, 1990, having previously
been forwarded to all Board Members, were placed before them for their
consideration.
MRS. VISCONTI moved that the Minutes of the June 25, 1990 Meeting, be
and they are hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Reports were received for the month of June from the Town Justices,
Building Inspector, Dog Control Officer, Zoning Administrator for May
and June, Receiver of Taxes for March, April and May.
MR. VALDATI moved to accept the above stated Reports and place them
on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Petitions & Communications ---
Assemblyman Stephen Saland was present to give his annual report to
the Town Board and answer any questions they, or the public, may have
on state legislation. Mr. Saland stated that this was the eighth
consecutive report and hopefully, his last as Assemblyman, since he
is running for State Senator, and looking forward to visit us in that
capacity. The most interesting item, he felt, would be the adoption
of the state budget which he called the big ugly one. Prior to any
discussion on that he went on to talk about the bills that had been
considered by both Houses, 1,500 total, and 950 that were actually
149
approved. The Environmental Quality Bond Act will be on a ballot
this year and will provide $9 million in funding for many different
purposes, among them, land acquisition, more money for landfill closures,
recycling, metal waste disposal, etc. They have enacted a health care
proxy bill for medical power of attorney, a Medicare Assignment Bill
and Drug Prescription Bill for Seniors. Getting back to the budget,
Assemblyman Saland explained that during the course of the adoption
there was a cross board cut in state aid which also applies to the
Chip Program. The State enacted PUC - projected unified credit relating
to the retirement system, which, in effect, relieves the municipalities
from contributions to this system and this money now becomes a savings
account, 35% of which the state will deduct as an offset against Federal
Revenue Sharing Funds. Among other bills, one was enacted which enable
Town Justices to hire or fire their court clerks, which was formally
a Town Board function in some towns; a Marriage Clerk may now charge
a $75 maximum charge, up from $50, for solemnizing a marriage.
The Assemblyman answered questions brought up by members of the
Board and some residents, regarding lottery procedures, lateness of
the state budget and practices which would help eliminate this and
mandate compliance with a time frame; education as governed by the
Commissioner and Regents Commission, etc. At the conclusion, the
Supervisor thanked him for attending the meeting and enlightening the
Board and the public with the activities of the state legislation.
The Wildwood Condo Association had previously requested to be on the
Agenda to discuss their sewer rate formula used to set the rates
charged to them. Noone was present from the Condo since they had
been previously informed that a work shop would be set for this
discussion. The Supervisor set the work shop for August 13, 1990.
Tax Certioraris were received from Leemilts, Waldbaum, Imperial Plaza
Partnership, Cedar Hill Development Corp, Friendly Acura, Wappingers
Falls Owners Corp. and Wappingers Falls Plaza Associates, Texland &
Southland Corps.
MR. VALDATI moved to appoint William Crane, Attorney with Crane
Wolfson Roberts & Greller to answer and defend the above stated Tax
Reviews on behalf of the Town of Wappinger.
Seconded by Mrs. Visconti
Motion Unanimously Carried
150
A letter was received from B. R. Brinkerhoff, 16 Sachson Place
including his estimate of damage done in his home when a Town Water
Meter located under his entrance way, was leaking due to a bolt that
had been sheared off; the area where the meter is located is also a
storage area for blankets, off season jackets, shoes, etc. The
resident claimed he could not reach the Town offices on the weekend
when this occurred, so he called a private plumber whose bill was also
enclosed. He learned on Monday that in the future he should contact
the Town operators, Camo Pollution Control. The Board wished to have
further discussion on this claim.
MR. INCORONATO moved to table this matter pending a future work shop.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A Notification of Intent to renew a beer license was received from
Maria Tavares for E. T. Deli & Groceries, Osborne Hill Road.
MRS. VISCONTI moved to receive this correspondence and place it on file
with no comment.
Seconded by Mr. Valdati
Motion Unanimously Carried
Correspondence was received from Dennis Truett regarding an ongoing
drainage problem on his property citing his disagreement with the
Engineer's diagnosis of the cause of the problem.
Mrs. Smith said that the Highway Department was nearing completion
of the work they were doing at Mr. Truetts' to help alleviate the
problem.
MRS. VISCONTI moved to receive the correspondence and place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Highway Superintendent Graham Foster wrote to the Board requesting
permission to advertise for bids to sell a 1974 GMC Pickup Truck
and a 1976 GMC Pickup Truck which were excess highway equipment.
MR. FANUELE moved to grant permission to Mr. Foster to advertise
for bids to sell these two trucks.
Seconded by Mr. Valdati
Motion Unanimously Carried
151
Two applications were received for Hawking and Peddling Licenses
from Thomas Weber, 15 Dogwood Hill Road and Steven & Rose Marie
Santora, 2 Fieldstone Boulevard, both in the Town of Wappinger.
One was for the sale of soft ice cream, the other for frankfurters.
MR. FANUELE moved to approve the Peddler's Licenses for Thomas
Weber and for Steven and Rose Marie Santora.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Notice of Public Hearing was received from the Town of Poughkeepsie
on Zoning Ordinance Amendments, August 22, 1990 at their Town Hall.
MRS. VISCONTI moved to accept the notification and place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A report was received from the Engineer referencing a drainage
problem at County Road 28/Old Hopewell Road and Marlyn Drive a Town
Road. Mr. Paggi explained that a letter had been received from
Joseph Grogan, Director of Engineering with the Dutchess County
Department of Public Works regarding this problem which they had
investigated and needed further information on the catch basin in
the cul-de-sac on Marlyn Drive. Mr. Paggi had this researched and
found that it did not drain on to the County property but is part of
the Town's closed storm drain system which is piped down to the stream
on the north side of Old Hopewell Road; it was, therefore, not a
Town caused problem.
MRS. VISCONTI moved to accept the correspondence and place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Requests were received from Anthony Dalia and K. Leung for the
return of driveway escrows; Mario Loene, escrow for Smithtown Plaza
site plan application, Eric Gardell, escrow for engineering and
planning for Sokol Lot Line Alignment and New Hackensack Reformed
Church for landscaping escrows. All of the required documents were
received in proper form. The amounts to be refunded are as follows:
A. Dalia, $250.00, K. Leung, $250.00, M. Leone, $5,156.87, Sokol,
$465.00, New Hackensack Church, $5,000.00.
152
MR. VALDATI moved to approve the refunds, as presented, based on
the recommendations of the respective department heads.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A letter was received from Yvonne Tompkins, Secretary to the Chelsea
Fire District, informing the Town that the Chelsea Firehouse would be
available as a polling place to replace the Chelsea School House
which the Town has used for years; this is no longer available to
us since it now houses a Postoffice and the space is not sufficient.
MR. VALDATI moved to designate the Chelsea Firehouse as a Town
Polling Place, replacing the Chelsea School House which can no longer
be used, and notify the respective Election Inspectors.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A second letter was received from Yvonne Tompkins, Secretary to the
Chelsea Fire District, requesting a waiver of building permit fees
for the construction of the U.S. Post Office/Fire District Office
in the Chelsea School House on Liberty Street in Chelsea. The fee
for this work was set at $24.00 and neither the Building Inspector
nor the Zoning Administrator had a problem with waiving this fee,
since it was for service to the public. The Board Members concurred
with their opinions on this matter.
MR. INCORONATO moved to waive the building permit fee for construction
at the Chelsea School House, based on the fact that it is for public
service.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Correspondence was received from Matthew Rudikoff Associates re
Tri -Municipal Stage lA Archaeological Study and Stage 1B Field Study.
Mrs. Smith wished to discuss this with the Board at a later date.
MR. VALDATI moved to table this correspondence pending further review
by the Town Board.
Seconded by Mr. Incoronato
Motion Unanimously Carried
On a related matter, a request was received from James Sedore, Jr.
Accountant for the Tri -Municipal Commission requesting an additional
payment of $60,000 from the present approximate balance of $65,000,
leaving a balance of $5,000.
153
MR. FANUELE moved to approve the expenditure of $60,000 to the
Tri -Municipal Sewer Commission for estimated expenditures re legal,
engineering, accounting and contingency items for the period July 1,
1990 thru September 30, 1990.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Committee Reports ---
Mr. Fanuele, Computer, reported that the new computer has been installed
in the Comptroller's office and arrangements are being made to start
paralleling the operation; the Comptroller has suggested that they run
payroll to the end of the year on the current system and start the new
system at the beginning of the year. In regard to the Justice Court
computer, a meeting is planned on Friday with the vendor to discuss
conversion of data since they are running into problems with this.
Highway Department is operating their computer and Mr. Fanuele had
a demo on Saturday while observing the recycling program at that site.
Mr. Valdati, recycling, had a very good start off at the Highway Dept.
commended the Supervisor and the Highway Superintendent for the
layout they planned and implemented. He encouraged the residents to
view the program so they would see how uncomplicated it to dispose
of these items.
Mr. Incoronato, recycling, felt that the key element in this program
is the need to compost grass cuttings, clippings, small branches, etc.
and there are some good locations for the Town to undertake this
enterprise in the fall season. He suggested using the Dutchess County
Airport property which was previously a balefill several years ago;
this could be used by our Town and other Towns and have the County
operate the program; a second area would be Reese Park for the start
of a compost operation. Mrs. Smith added that Mrs. Reese was opposed
to the use of the Park for this purpose, but the airport location
would be a good spot; she had contacted the Cooperative Extension
and set up a work shop on October 10th for Town residents on proper
composting and a representative will be present to discuss municipal
composting with the Highway Superintendent. Prior to this discussion,
Mrs. Smith will contact D.E.C. for permission to do this project at
the Airport property.
Mr. Fanuele wished to add his comments on this subject and requested
154
the Highway Superintendent to prepare an estimated cost on a pickup
of brush and leaves throughout the Town, maybe one or two in the fall,
maybe one in the summer. He had spoken to Brad Whited, Commissioner
of Aviation, about using airport property and he had no objections
at that time and he suggested writing to him setting a meeting to
discuss this. Actually they should be writing to Scott Daniels,
Commissioner of Solid Waste asking that they put something about
pickup in their new recycling law (he had drafted letters for their
review) and asked that the one to Scott Daniels be copied to our
County Legislators and the Chairman.
Mr. Incoronato, Finance, referred to previous action on designating
an agency to sell the Town tax deferred savings plan. The Attorney
said there had been a problem with one of the plans, but this has
been resolved and should be ready to be presented by the end of
August, retroactive for the entire year.
Mrs. Visconti, recycling, reported that the Enviromental Management
Council will be conducting a household toxic waste pickup on October
6th and there will be further information probably in August in the
local papers. Those participating will -have to register and the
location will be at the Dutchess County Auto Center, 8 A.M. to 2 P.M.
In response to Mr. Incoronato's question on a date for an Informational
Hearing set by the Growth Management Committee, Mrs. Smith informed
him it would be August 16th, at 7:30 P.M. for input from the public
on the proposed zoning.
Resolutions ---
A request was received from the Comptroller for a transfer of funds
for Tri -Municipal-.
MRS. VISCONTI moved to approve the following transfer:
From B Fund debit 1990.4 Contingency, $97,065.75
To B Fund credit 1440.4 Engineer $97,065.75, to pay
$100,000 for Tri -Municipal.
Seconded by Mr. Fanuele
Motion Unanimously Carried
One Bid was received and opened on the 2nd day of July, 1990 for
Contract "B", Wappinger Sewer Improvement Area #3, in the amount
of $243,964.60 from Insituform-Metropolitan. In the report to the
Board from the Engineer he recommended that they award this bid as
155
as the amount was well within the projected figure of the bonding
amount.
MRS. VISCONTI moved to award the bid for Contract "B", Wappinger
Sewer Improvement Area No. 3, to Insituform-Metropolitan, in the
amount of $243,964.60, as recommended by the Engineer, and authorize
the Supervisor to sign the contract.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Nine Bids were received and opened on the 27th day of July, 1990
for Proposed Box Culvert Installation, River Road North; the Engineer
recommended that the bid be awarded to the low bidder, P.E. Colucci
Excavating, Inc., in the amount of $33,981.00.
MR. VALDATI Moved to award the Bid for Proposed Box Culvert Installation,
River Road North to P. E. Colucci Excavating, Inc., in the amount of
$33,981.00, at the recommendation of the Engineer, and authorize the
Supervisor to sign the contract.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A Public Hearing was held on July 30th, 1990 on a proposed Local Law
entitled Tree Preservation by the Town Board and now -placed -before
them for their consideration. -
MRS. VISCONTI moved to table action on the proposed Local Law for
further review.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The following proposed Local Law was introduced by COUNCILWOMAN
VISCONTI:
A LOCAL LAW AMENDING LOCAL LAW #3
OF THE YEAR 1989 REGULATING PARKING
ON REGENCY DRIVE IN THE TOWN OF
WAPPINGER
---------------------------------------
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
e10nmTn" i
Local Law #3 of 1989 of the Town of Wappinger - "Regulating
Parking on Regency Drive in the Town of Wappinger" is hereby
amended by the adoption of the following additions, revisions
and amendments as follows:
Section 2 "Parking Restricted" is amended to read as follows:
156
"Parking or standing of automobiles, cars, trucks,
motor cycles and other motor vehicles shall be
prohibited along the most southerly, most easterly and
most northerly outer perimeters of Regency Drive in the
Town of Wappinger at the following times: on Saturdays
only between the hours of 9:00 A.M. and 4:00 P.M. from
April lst to June 30th, and from September lst to
November 30th in each year".
Section 4 "Violation" is amended to read as follows:
"The owner of any vehicle which is found to be parked or
standing in a "No Parking" zone as enumberated above,
shall be guilty of a violation and shall be subject to a
fine not to exceed $50.00".
gRrTTnN 9
EXCEPT AS SPECIFICALLY MODIFIED AND AMENDED BY THE ADOPTION OF
THE ADDITIONS, REVISIONS, MODIFICATIONS AND AMENDMENTS ABOVE SET
FORTHE, LOCAL LAW NUMBER 3 of 1989 "REGULATING PARKING ON REGENCY
DRIVE IN THE TOWN OF WAPPINGER" IS HEREBY RATIFIED, CONFIRMED AND
RE -ADOPTED.
9RrTTnW I
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 COUNCILWOMAN VISCONTI who
moved its adoption:
WHEREAS, the Town Board has determined that it will be in the
public interest to prohibit parking on said roadway as -hereinafter
set forth,
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 the proposed Local Law
to be held at Town Hall on the 27th day of August, 1990 at 6:45
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 Incoronato
Roll Call Vote: 5 Ayes 0 Nays
WHEREAS, the Town Board has received numerous requests from
residents
that parking be prohibited on the most southerly, most
easterly
and most northerly outer perimeter of
Regincy Drive in
the Town
of Wappinger on Saturday only between
the hours of
9:00 A.M.
and 4:00 P.M. from April lst to June
30th and from
September
lst to November 30th, and
WHEREAS, the Town Board has determined that it will be in the
public interest to prohibit parking on said roadway as -hereinafter
set forth,
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 the proposed Local Law
to be held at Town Hall on the 27th day of August, 1990 at 6:45
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 Incoronato
Roll Call Vote: 5 Ayes 0 Nays
157
The Supervisor noted that the Environmental Assessment Form for a
negative determination was duly filed with the proposed Local Law
Regulating Parking on Regency Drive in the Town of Wappinger.
The following proposed Local Law was introduced by COUNCILMAN
VALDATI:
A LOCAL LAW AMENDING LOCAL LAW #3
OF THE YEAR 1990 REGULATING PARKING
ON ERVIN DRIVE AND BLACKTHORN LOOP
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. Legislative 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 restrict parking on
certain parts of Ervin Drive and Blackthorn Loop in the
Town of Wappinger, so as to prevent any obstruction to
the normal and regular flow on traffic along Ervin Drive
and Blackthorn Loop.
SECTION 2. Parking Restricted
Parking or standing of automobiles, cars, trucks, motor
cycles and other motor vehicles shall be prohibited
along the most southerly, most easterly and most
westerly outer perimeters of Ervin Drive and Blackthorn
Loop in the Town of Wappinger at the following times:
on Mondays through Fridays only between the hours of
8:00 A.M. and 4:00 P.M. from January lst through June
30th, and from September 1st to December 31st in each
year, except legal holidays, as defined -by the General
Construction Law.
SECTION 3. Signs
The Highway Superintendent of the Town of Wappinger is
hereby directed to install appropriate signs indicating
that there shall be "No Parking" in the designated area.
SECTION 4. Violations
The owner of any vehicle which is found to be parked or
standing in a "No Parking" zone as enumerated above.
shall be guilty of a violation and shall be subject to
a fine in a sum not to exceed $50.00.
SECTION 5. 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 COUNCILMAN INCORONATO
who moved its adoption:
WHEREAS, the Town Board has received numerous requests from
residents that parking be prohibited on the most southerly, most
easterly and most westerly outer perimeters of Ervin Drive and
Blackthorn Loop in the Town of Wappinger, and
WHEREAS, the Town Board has determined that parking be
prohibited on said roadways from 8:00 A.M. to 4:00 P.M. as
hereinafter set forth, and
158
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 the proposed Local Law
to be held at Town Hall on the 27th day of August, 1990 at 7:00
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
The Supervisor noted that the Environmental Assessment Form for a
negative determination was duly filed with the proposed Local Law
Regulating Parking on Ervin Drive and Blackthorn Loop in the Town
of Wappinger.
The Supervisor requested the Board to appoint a Recycling Coordinator
recommended by her for the reason that this person has been working
voluntarily on the recycling program and it appears she was the only
one who applied.
MRS. VISCONTI moved to appoint Lillian Vrouvas as a part time
Recycling Coordinator at a salary of $5.00 per hour.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Resignations were received from Lia Scianna as Secretary to the
Planning Board and the Zoning Board of Appeals and from Ellen Jennings
as part time Secretary to the Fire Prevention Bureau.
MRS. VISCONTI moved to accept the resignations received from Lia
Scianna and Ellen Jennings and appoint Lia Scianna as part time
Secretary to the Fire Prevention Bureau at a salary of $6.00 per hour.
Seconded by Mr. Incoronato
Motion Unanimously Carried
159
A revised Town Policy for Employees relating to Vacation, Personal
Days, Sick Days, etc. was previously prepared and discussed with
Department Heads; it was now placed before the Board for their
consideration. Mr. Incoronato did not agree with sick leave
accumulation of 166 days, however when he thought about the few
people who actually accumulate this amount of days, he admitted that
it was academic.
MRS. VISCONTI moved to approve the revised Town Policy for Town
Employees, effective immediately, with the exception of the Policy
on Personal Days which will be applicable starting in 1991.
Seconded by Mr. Valdati
Motion Unanimously Carried
(The Revised Policy is attached hereto and made part thereof of
the Minutes of this Meeting).
The following Order was offered by COUNCILMAN VALDATI who moved
its adoption:
In The Matter
of
The Increase in the Maximum Amount
Proposed to be Expended for the
Original Improvements in the
Wappinger Park Water District
in the Town of Wappinger,
Dutchess County, New York
------------------------------------
WHEREAS, pursuant to proceedings heretofore had and taken in
accordance with the provisions of Article 12-A of the Town Law,
the Town Board of the Town of Wappinger, Dutchess County, New York,
has established the Wappinger Park Water District in said Town
and has authorized the construction of water supply and distribution
system improvements including but not limited to a sofar well pump
and tank and other original machinery, equipment, apparatus and
appurtenances necessary in connection therewith, all constituting
the original improvement of the Wappinger Park Water District, at
a maximum estimated cost of $200,188, and
WHEREAS, the Town Board of the Town of Wappinger has been
presented with a written petition in due form pursuant to
subdivision 1 of Section 202-d of the Town Law, requesting an
increase in the maximum estimated cost of the establishment of
the aforesaid Water District from $200,188 to $236,450, constituting
an increase of $36,232, and
WHEREAS, the Town Board of the Town of Wappinger made an
application with the Comptroller of the State of New York for an
order consenting to such increase, and
WHEREAS, an order consenting to such increase was granted
by the Comptroller of the State of New York on June 25, 1990 in
which the State Comptroller, after due deliberation, found and
determined:
1) The public interest will be served by the proposed increase
in the maximum amount to be expended for said Wappinger Park
Water District.
2) The additional amount to be expended for such purpose will
not be an undue burden upon the property of the District, and
160
WHEREAS, it is now desired to call a public hearing in
connection with such increase,
NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of
the Town of Wappinger, Dutchess County, New York, as follows:
Section 1. A meeting of the Town Board of the Town of
Wappinger, Dutchess County, New York, shall be held at the Town
Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said
Town, on the 13th day of August 1990, at 7:30 o'clock P.M.,
maximum amount to be expended for the original improvements in
the Wappinger Park Water District in said Town, all as more fully
described in the preambles hereof, at which time and place said
Town Board will hear all persons interested in the subject thereof
concerning the same and for such other action as may be required
by law or proper in the premises.
Section 2. The Town Clerk of the Town of Wappinger, New
York, is hereby authorized and directed to give notice of said
public hearing by publication of a notice in the Southern Dutchess
News, the official newspaper of said Town, and by posting of a
notice on the signboard of said Town maintained pursuant to
subdivision 6 of Section 30 of the Town Law, not less than ten
nor more than twenty days before the date designated for the
hearing as aforesaid.
Section 3. This Order shall take effect immediately.
Seconded by: Councilwoman Visconti
Roll Call Vote: 5 Ayes 0 Nays
The following Order was offered by COUNCILWOMAN VISCONTI who
moved its adoption:
In The Matter
of
The Increase and Improvement
of The Facilities of Myers
Corners II Water District in
the Town of Wappinger,
Dutches County, New York
WHEREAS, the Town Board of the Town of Wappinger, Dutchess
County, New York, has duly caused to be prepared a map, plan,
report and estimate of cost, pursuant to Section 202-b of the
Town Law, relating to the increase and improvement of the
facilities of the Myers Corners II Water District of said Town,
consisting of water source supply components comprised of four
potable water valves of the gravel pack type, pumps, tank house,
pump house, hydropneumatic tank, electric controls, pressure
gauges and controls generator, land, and the existing 12 -inch
asbestos cement water main, to be purchased from the present
owner, Atlas Water Company, at a maximum estimated cost of
$525,000 of which $8,349.46 is allocable to the Myers Corners II
Water District for its undivided interest in such components and
the remaining cost is to be allocated to the Wappinger-Cranberry
Water Improvement Area and the North Wappinger Water District,
or any successor or successors thereto and the method of
financing said Myers Corners II Water District's share of the
cost of the purchase of said water source supply components from
the Atlas Water Company is by the issuance of obligations of the
Town of Wappinger, Dutchess County, New York, and
WHEREAS, at a meeting of said Town Board duly called and
held on May 29, 1990, an order was duly adopted by it and
entered in the minutes specifying that the said Board would meet
to consider the increase and improvement of the facilities of
the Myers Corners II Water District of said Town at a maximum
estimated cost of $8,349.46 and to hear all persons interested
161
in the subject thereof concerning the same at the Town Hall, 20
Middlebush Road, in Wappingers Falls, New York, in said Town, on
the 25th day of June 1990, at 7:15 o'clock p.M., Prevailing
Time, and
WHEREAS, said Order duly certified by the Town Clerk was
duly published and posted as required by law, to -wit: a duly
certified copy thereof was published in the official newspaper
of this Town, on June 6, 1990, and a copy of such order was
posted on June 6, 1990, on the signboard maintained by the Town
Clerk of the Town of Wappinger, pursuant to Section 30,
subdivision 6 of the Town Law, and
WHEREAS, a public hearing was duly held at the time and
place set forth in said notice, at which all persons desiring to
be heard were heard,
NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town
of Wappinger, Dutchess County, New York, as follows:
Section 1. Upon the evidence given at the aforesaid public
hearing, it is hereby found and determined that it is in the
public interest to make the improvement, to -wit: to increase
and improve the facilities of the Myers Corners II Water District
of said Town consisting of water source supply components comprised
of four potable water valves of the gravel pack type, pumps, tank
house, pump house, hydropneumatic tank, electric controls, pressure
gauges and controls generator, land, and the existing 12 -inch
asbestos cement water main, to be purchased from the present
owner, Atlas Water Company at a maximum estimated cost of $525,000
of which $8,349.46 is allocable to the Myers Corners II Water
District for its undivided interest in such components and the
remaining cost is to be allocated to the Wappinger-Cranberry
Water Improvement Area and the North Wappinger Water District, or
any successor or successors thereto.
Section 2.
This Order shall take effect immediately.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
A RESOLUTION AUTHORIZING THE ISSUANCE OF $8,349.46 SERIAL
BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK,
TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE
FACILITIES OF THE MYERS CORNER II WATER DISTRICT OF THE
TOWN OF WAPPINGER,DUTCHESS COUNTY, NEW YORK.
WHEREAS, pursuant to the proceedings heretofore duly had
and taken in accordance with the provisions of Section 202-b of
the Town Law, and more particularly an order dated July 30,
1990, said Town Board has determined it to be in the public
interest to increase the facilities of the Myers Corners II
Water District at a maximum estimated cost of $8,349.46, and
WHEREAS, the capital project hereinafter described has been
determined to be an Unlisted Action pursuant to the regulations
of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review
Act, the implementation of which as proposed, the Town has
determined will not result in any significant environmental
effects, and
WHEREAS, it is now desired to provide funding for such
project,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town
of Wappinger, Dutchess County, New York, as follows:
162
Section 1. For the specific object or purpose of paying the
cost of the increase and improvement of the facilities of the Myers
Corners II Water District in the Town of Wappinger, Dutchess County,
New York, consisting of said Water District's allocable share of
undivided interest in water source supply components comprised of
four potable water valves of the gravel pack type, pumps, tank house,
pump house, hydropneumatic tank, electiic controls,pressure gauges and
controls generator, land, and the existing 12 -inch asbestos cement
water main, to be purchased from the present owner, Atlas Water
Company at a maximum estimated cost of $525,000 of which $8,349.46
is allocable to the Myers Corners II Water District for its undivided
interest in such components and the remaining cost is to be allocated
to the Wappinger-Cranberry Water Improvement Area and the North
Wappinger Water District, or any successor or successors thereto,
there are hereby authorized to be issued $8,349.46 serial bonds of
said Town pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the plan for the
financing of the Myers Corners II Water District's allocable
share of undivided interest in the aforesaid components is by
the issuance of the $8,349.46 serial bonds of said Town authorized
to be issued pursuant to this bond resolution. Further details
pertaining to said bonds will be prescribed in a further resolution
or resolutions of this Town Board.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years, pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein
authorized will exceed five years.
Section 4. Subject to the provisions of the Ioc,al Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance
Law.
Section 5. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to
the payment of the principal of and interest on such obligations
as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially
complied with, and an action, suit or proceeding contesting
such validity is commenced within twenty days after the date
of such publication, or
3) Such obligations are authorized in violation of the
provisions fo the Constitution.
Section 7. This resolution which takes effect immediately
shall be published in full in the Southern Dutchess News, the
official newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
163
The following resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
In The Matter
of
A Proposed Water Improvement
in The Town of Wappinger, Dutchess
County, New York, pursuant to Article 12-C
of the Town Law to be known as Wappinger-
Cranberry Water Improvement Area PUBLIC INTEREST
ORDER
----------------------------------------
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 acquisition of certain water source supply
components to serve a benefitted area in said Town, to be known as
Wappinger-Cranberry Water Improvement Area, and
WHEREAS, said map, plan and report have been prepared by
Paggi and Martin of Poughkeepsie, New York, competent engineers
duly licensed by the State of new York, and have been filed in
the office of the Town Clerk where they are available for
public inspection, and
WHEREAS, the improvement proposed for said Water Improvement
Area are water source supply components comprised of four potable
water valves of the gravel pack type, pumps, tank house, pump
house, hydropneumatic tank, electric controls, pressure gauges
and controls generator, land and the exisitng 12 -inch asbestos
cement water main, to be purchased from the present owner, Atlas
Water Company at a maximum estimated cost of $525,000 of which
$467,093.13 is allocable to the Wappinger-Cranberry Water
Improvement ARea for its undivided interest in such components
and the remaining cost is to be allocated to the North Wappinger
Water District and the Myers Corners II Water District, or any
successor or successors thereto, and
WHEREAS, the area of the Town of Wappinger, Dutchess County,
New York, to be benefitted thereby shall be bounded and described
as set forth in Appendix A annexed hereto and made a part hereof
and as depicted in the aforesaid map, and
WHEREAS, It is proposed that the cost of the aforesaid
improvements shall be borne entirely by the lands benefited
thereby by assessing, levying upon and collecting from the
several lots and parcels of land within such benefited area
which the Town Board shall determine and specify to be especially
benefited by the improvements, an amount sufficient to pay debt
service, including principal and interest, on any obligations
issued pursuant to the Local Finance Law to finance the cost
of the aforesaid improvements, and
WHEREAS, said costs shall be authorized to be financed by
the issuance by the Town of its serial bonds with a maximum
maturity not in excess of the period prescribed by the Local
Finance Law, and
WHEREAS, the Town Board of the Town of Wappinger duly adopted
an Order on May 29, 1990 calling a public hearing upon said plan,
report and map and the question of providing a water supply and
distribution facility known as Wappinger-Cranberry Water Improvement
Area, such public hearing to be held on the 25th day of June, 1990,
at 7:00 o'clock P.M., Prevailing Time, at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York, in said Town, at which time and place
all persons interested in the subject thereof could be heard concerning
the same, and
164
WHEREAS, notice of said public hearing was duly posted and
published as required by law, and
WHEREAS, said public hearing was duly held at the place and
at the time aforesaid and all persons interested in the subject
thereof were heard concerning the same, and
WHEREAS, it is now desired to authorize the improvement to
be known as Wappinger-Cranberry Water Improvement Area,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town
of Wappinger, Dutchess County, New York, as follows:
Section 1. It is hereby determined that it is in the public
interest to establish said Wappinger-Cranberry Water Improvement Area
and to make the water improvement hereinafter described and such water
improvement is hereby authorized. The proposed area hereby determined
to be benefitted by said Wappinger-Cranberry Water Improvement Area
is all of that portion of the Town of Wappinger located in the areas
currently within the Cranberry Hill Water Improvement Area and the
Central Wappinger Water Improvement Area as set forth in Appexdix A
annexed hereto and made a part hereof.
Section 2. The proposed improvement shall consist of the
Wappinger-Cranberry Water Improvement Area's allocable share of an
undivided interest in water source supply components comprised of
four potable water valves of the gravel pack type, pumps, tank house,
pump house, hydropneumatic tank, electric controls, pressure gauges
and controls generator, land and the existing 12 -inch asbestos cement
water main, to be purchased from the present owner, Atlas Water
Company at a maximum estimated cost of $525,000 of which $467,093.13
is allocable to said Wappinger-Cranberry Water Improvement Area for
its undivided interest in such components and the remaining cost is
to be allocated to the Myers Corners II Water District and the North
Wappinger Water District, or any successor or successors thereto.
The method of financing of said cost shall be by the issuance of
serial bonds of said Town of Wappinger to mature in annual installments
over a period not exceeding forth years and such bonds shall be payable
from assessments levied upon and collected from the several lots and
parcels of land deemed benefited from said improvement and located
in said benefited area, so much upon and from each as shall be in
just proportion to the amount of the benefit which the improvement
shall confer upon the same.
Section 3. It is hereby determined that the estimated
expense of the aforesaid improvement does not exceed one-tenth
of one per cent of the full valuation of the taxable real property
in the area of said Town outside of villages and, therefore, in
accordance with the provisions of subdivision 13 of Section 209-q
of the Town Law, the permission of the State Comptroller is not
required for such improvement.
Section 4. Pursuant to subdivision 6(d) of Section 209-q
of the Town Law, the Town Clerk is hereby directed and ordered to
cause a certified copy of this resolution to be duly recorded
within ten days of the date of adoption in the Office of the
Clerk of the County of Dutchess, which when so recorded, shall
be presumptive evidence of the regularity of the proceedings
and action taken by the Town Board in relation to the aforesaid
improvement.
Section 5. It is hereby further determined that all of the
cost of the aforesaid improvement shall be borne wholly by property
within the Wappinger-Cranberry Water Improvement Area, with no cost
thereof to be borne by the entire area of the Town outside of any
village.
Section 6. This resolution shall take effect immediately.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
165
The following resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
A RESOLUTION AUTHORIZING THE ISSUANCE OF $467,093.13 SERIAL
BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK,
TO PAY THE COST OF THE ACQUISITION OF AN UNDIVIDED INTEREST
IN CERTAIN WATER SOURCE COMPONENTS TO SERVE THE WAPPINGER-
CRANBERRY WATER IMPROVEMENT AREA OF THE TOWN OF WAPPINGER,
DUTCHESS COUNTY, NEW YORK.
WHEREAS, pursuant to the proceedings heretofore duly had
and taken in accordance with the provisions of Article 12-C of
the Town Law, and more particularly an order dated July 30th,
1990, said Town Board has determined it to be in the public interest
to establish the Wappinger-Cranberry Water Improvement Area and to
acquire certain improvements therefor at a maximum estimated cost
of $467,093.13, and
WHEREAS, the capital project hereinafter described has been
determined to be an Unlisted Action pursuant to the regulations
of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review
Act, the implementation of which as proposed, the Town Board
has determined will not result in any significant environmental
effects, and
WHEREAS, It is now desired to provide funding for such
project,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the
Town of Wappinger, Dutchess County, New York, as follows:
Section 1. For the specific object or purpose of paying
the cost of the acquisition of an undivided interest in certain
water source upply components to serve the Wappinger-Cranberry
Water Improvement Area in the Town of Wappinger, Dutchess County,
New York, consisting of said Improvement Area's allocable share
of undivided interest in water source supply components comprised
of four potable water valves of the gravel pack type, pumps, tank
house, pump house, hydropneumatic tank, electric controls, pressure
gauges and controls generator, land and the existing 12 -inch asbestos
cement water main, to be purchased from the present owner, Atlas WAter
Company at a maximum estimated cost of $525,000 of which $467,093.13
is allocable to the Wappinger-Cranberry Water Improvement Area for
its undivided interest in such components and the remaining cost is
to be allocated to the Myers Corners II Water District and the North
Wappinger Water District, or any successor or successors thereto,
there are hereby authorized to be issued $467,093.13 serial bonds of
said Town pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the plan for the
financing of the Wappinger-Cranberry Water Improvement Area's
allocable share of undivided interest in the aforesaid components
is by the issuance of the $467,093.13 serial bonds of said Town
authorized to be issued pursuant to this bond resolution. Further
details pertaining to said bonds will be prescribed in a further
resolution or resolutions fo this Town Board.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years, pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein
authorized will exceed five years.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance
Law.
-
Section 5 . The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution which takes effect immediately
shall be published in full in the Southern Dutchess News, the official
newspaper, together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
Unfinished Business ---
John Schouten, Ketchamtown Road, had previously requested to comment
and proceeded to commend the Highway Superintendent for his action
a few Sundays ago in the wee hours of the morning when he appeared to
clear a tree that had fallen and blocked the road; he sawed it into
movable pieces, and cleaned that area of the street so vehicles
could use the road. He added that the weather conditions were bad
at the time, but Mr. Foster did not leave until everything was cleared
away and the road was safe. He felt this -Official should be publicly
commended and it should be on record.
Correspondence was received from Hayward and Pakan Associates
regarding our interest in water service from the proposed Joint
City/Town of Poughkeepsie Water Project. Mrs. Smith noted that at
the last meeting the Board agreed that they should look into this
opportunity, as recommended by the Engineer, and a meeting was held
with their representatives and the Attorney and Engineer to the
Town. It is now required that the Town write to the City and Town
and Poughkeepsie and inform them that they are interested, which the
Supervisor intends to do before the end of the week.
167
Notification was received from the New Hackensack Fire District
after the last meeting when appointments were confirmed to the Town
Fire Prevention Bureau, that they had reappointed Robert Colden to
the F.P.B.
MRS. VISCONTI moved to confirm the appointment of Robert Colden
from the New Hackensack Fire District, to the Town of Wappinger
Fire Prevention Bureau.
Seconded by Mr. Valdati
Motion Unanimously Carried
As requested by the Board, the Highway Superintendent prepared a
report on the Citarella Property on Old Route 9, in regard to a
noparking zone and a blind driveway sign, also the Nenni property
on Ketchamtown Road re a vibration in the house when vehicles drive
over the existing road patch.
Mr. Valdati requested that a copy of Mr. Foster's recommendations
regarding the requests of these two residents, be dopied-to both
Mrs. Citarella and Mr. Nenni.
Mrs. Smith asked the Highway Superintendent if he was prepared to
give a report on the Town Recycling Pickup recently completed. He
replied that the data was included in the Highway Report which was
delayed due to the additional information that he had compiled; he
distributed them to the Board Members at this time for their review
and acceptance at the next meeting.
Mrs. Smith pointed out that they spent under the amount allocated
in the budget for the pickup which was $150,000; the approximate
expenditure including payment for tire pickup was $130,000. A
payment of $10,000 is due to the Village, but they kept well within
the budgeted amount. She was very proud of that fact and also with
the fine job done by our Highway Department.
Mr. Incoronato questioned the status of the Ambulance District and
was informed by the Town Clerk that the time allotted for filing a
petition for a permissive referendum has just expired and this document
now has to be filed with the County Clerk and the final Order will be
prepared by the Attorney for the next meeting.
Mr. Incoronato's next question was in reference to the Camo Pollution
Control Contract; Mrs. Smith noted that it has been finalized and they
are in the midst of updating the water hydrants which involves cleaning
168
around the area, making sure they are functional and painting them.
His next query related to a previous report from the Building Inspector
discussed at a July 9th work shop, on a proposal for various increases
and computation of the cost per square foot that could result in an
additional $12,000 revenue from the department. He was informed by
the Supervisor that the Attorney is preparing the required documents
which will be ready for their consideration at the next meeting.
Mrs. Visconti referred to a suggestion she had made about itemizing
the escrow account required by the Building Department and questioned
whether this was being done. Mrs. Smith had not received anything on
this and noted that she and the -Comptroller would pursue it with that
department head.
New Business ---
There had been previous discussion on changing the name of our
Community Day and Mr. Fanuele suggested his name, "Victor", since
he came across a town called "Victor" in New York State that has a
"Hang Around Victor Day". The Supervisor said she would send it to
the Committee for their opinion, but it could just as well be "Hang
Around Wappinger Day", or even "Hang Around Connie Day".
On a more serious note, Mr. Valdati spoke of the condition of the
Wappinger Lake and the fact that the amount to bring it back to the
beautiful lake it once was, is an astronomical figure. Congressman
Fish has offered to prevail some of colleagues in Washington for help
with funding and Mr. Valdati has written to Henry Nowak, Chairman of
the Sub -Committee on Water Resources requesting that he include the
Wappinger Lake in his deliberations since they are now in session
and there is a possibility that the Lake would qualify for funding
under Section 602 of the Water Resources Development Act of 1986.
The Village seemed to be broadening this project into all communities,
he felt, however Mrs. Smith thought otherwise in that she would not
be allowed to use it, being a Town resident; she did not think that
would change.
MR. FANUELE moved that the Town Board support the request for
Federal monies to assist the project to clean the Wappinger Lake.
Seconded by Mr. Incoronato
Motion Unanimously Carried
169
There was a brief discussion on the reasons the Lake is in this
condition and why steps weren't taken by the Village Board to correct
this in the early stages. Whatever the reasons, and where the blame
lies, is immaterial, they agreed, now they needed the cooperation and
funds to rectify what has happened.
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 9:40 P.M.
aine H. Snowden
Town Clerk
Reg. Mtg. 7/30/90