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1990-06-25 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JUNE 25, 1990 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes; Reg. May 29, 1990 4. REPORTS OF OFFICERS: T/Justices Sup/Compt. Dog Control Officer Zng. Adm. Bldg. Insp. H. Supt. 5. PETITIONS & COMMUNICATIONS a. Mrs. Citarella re: Parking along Old Rte 9 b. Ronald Friedman re: intersection of Kent Rd. & All Angels Hill I c. Confirmation of appointments of Fire Prevention Bureau members: Hughsonville, R. Andrews: Chelsea, H. Muller: N.Hackensack, R.Co: d. Application for a Hawking & Peddling Lic. by Geo. Kantor, Jr. e. Requests to attend Seminars by: Planning & Zoning Bd. for Ping. Federation Inst. 10/21-24: T. Logan request for Liucci to Columb: and T. Logan to Cornell 7/22-7/27 (No charge to Twn): & Judge Francese to St. Lawrence Judicial Conf. 7/23-7/27 f. Requests for return of various Escrows placed with Town by: Jas. Klein, lot #35 Nicole Farms, $2,000: Jos. Carbon,17 Valley Rd., $2,000;##ujeebuddin Ahmed, 4 Taryl Ct.,$4,750; R. Regh, 4 Norman (lot 25 Pondview) $250; V. Moccarski, 40 Mina Dr. (lot #31 Pond, $250; Bob Novak, lot 429 Pondview, $294. g. J. Paggi, Eng. to Twn, Reports: (1) Wapp. Central School Jr. Hi, (2) Cooling Tower Treatment change at IBM Myers Corners Facility h. Patrick Hynes re: Sewer Backup, w/corr. D Fitzpatrick of Camo i. Corr. Between C. Smith, Sup., & State Reps.re: Bill to allow Tow to control local Speed Limits on Town Roads j. Corr. from C. Garrity re: Clarification of Consulting Services, J. Sedore re; request for add'l drawdown of funds, $100,000 adva k. T/Planning Bd. re: Findings Statement for Alpine Companies 1. Highway Superintendent request permission to purchase Tractor un State Bid contract m. Corr. Hayward & Pakan Associates re; review of Town Hall correct n. Corr. Judge Wolfson re: resignations and appointment of personas o. Interdept. memo from G. Foster, H. Supt. to T. Classey re: escro money held for driveway apron completions 6. COMMITTEE REPORTS 7. RESOLUTIONS en Co t. ew) e r a. Resolution to connect w/Tri-Muni Sewer Commission's existing wastewater Transmission & Treatment Plant b. Consider bids for Wappinger Sewer Imp. Area #3 -Contract "A" C. Consider Swiming Pool Fencing Ordinance Amendment d. Consider Emergency Vehicle Zoning Ordinance Amendment e. Consider the establisment of the Wapp-Cranberry Water Imp. Area f. Consider the question of the increase & improvement of the facilities of Myers Corners II Water District g. Introduction of Local Law for regulating parking on Blackthorn Lo)p h. Resolution for the consideration fo forming Townwide Ambulance Di t. *i. Consider CAMO Contract *j. Storm Drainage Res. for Bonding 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT REMINDER: PUBLIC HEARINGS PRIOR TO TOWN BOARD MEETING 6/25/90 start at 6:45 P.M. 130 The Regular Meeting of the Town Board of the Town of Wappinger was held on June 25, 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 Supt. All joined in the Pledge of Allegiance to the Flag at the beginning of the Meeting. The Minutes of May 29, 1990, having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the Minutes of May 29, 1990 be and they are approved, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Reports were received for the month of May from Town Justices, Supervisor/Comptroller, Building Inspector, Dog Control Officer, Highway Department, and an additional Report from the Highway Superin- tendent giving a synopsis of the Annual School he attended. MR. VALDATI moved to accept the above stated Reports and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried Mrs. Visconti commended Mrs. Buck, the Dog Officer for doing a great job and writing up a good report and adding her own personal quips to the events of the day, whether good or bad. She has been trying to get some response from the Boy Scouts to help out with a dog census, but so far, no luck. Mrs. Visconti also commended the Highway Superintendent for his reports and referred to Item #7 regarding the pickup, and Item #8 re reduction of his cost per tire to 83fi compared to the projected cost of $1.00 each, and Item #14, software package for $1,500 compared to projected cost of $4,700. 131 Mr. Incoronato noted that the Zoning Administrator's report was not received and said he would like to have this report reflect the monthly violations and their status similar to the form the Dog Officer uses. Mrs. Smith agreed to discuss this with that office and request this information. Mrs. Visconti asked that the Building Department itemize the escrow accounts and identify all balances. Petitions & Communications --- Mrs. E. Citarella, 5 Old Route 9, wrote to the Town Clerk requesting signs be placed regulating parking and indicating Blind Driveway at her area in the rear of the Pizza Hut. There are stores across the street and customer parking add to the hazardous situation since not only is the road narrow at that point, but the cars speed going in a northerly direction until they reach the bend going on to Route 9. The Highway Superintendent was asked to check this out and report back to the Board with his recommendation. Ron Friedman, 4 Cider Mill Loop wrote to the Board regarding another accident at the intersection of All Angels Hill Road and Kent Road, noting that each year the frequency of accidents at this intersection keeps increasing and now averages about one per month. He suggested several steps that the Town could take to reduce the number of these accidents ---the stop sign on Kent Road at All Angels, he claims is above the normal line of sight and too far to the right, also a driver unfamiliar with the area sees Cider Mill Loop as a continuation of Kent Road as they approach All Angels Hill Road; Kent Road is narrow and when cars park on that road it is necessary for vehicles to cross the center yellow line which distracts the driver in some cases that he does not notice the stop sign ahead. His idea was to ban all parking on Kent Road, install a second stop sign at the intersection closer to the edge of Kent Road and install Warning signs of the coming intersection. The Highway Superintendent noted in the discussion that followed that the present Stop Sign could not be moved by the Town, as it was under County jurisdiction at that intersection with a County Road; he further noted that the site distance needs to be improved on the westerly side of All Angels and the County should do more trimming there. The Supervisor requested the Highway Superin- to check this out with the County, review this situation and report back to the Board. They also felt that this should be discussed with 132 Mr. Klein, developer of Nicole Farm Subdivision at that intersection regarding the location of his sign. The Engineer added that the County plans to redo that intersection so that could make a difference with relocating these signs. Notification was received from Chelsea Fire District of their appoint- ment of Herb Muller to the Town of Wappinger Fire Prevention Bureau and from HughsonvilleFire District, the appointment of Ronald Andrews; these appointments required confirmation by the Town Board. There was also a vacancy in the New Hackensack Fire District but notification had not been received from them of their appointment. MRS. VISCONTI moved to confirm the appointment of Herb Muller, Chelsea and Ronald Andrews, Hughsonville, to the Town of Wappinger Fire Prevention Bureau. Seconded by Mr. Valdati Motion Unanimously Carried An application for a Peddler's License was received from George Kantor, Jr. to sell soda, candy, ice cream and chips throughout the Town; Mr. Kantor had signed the required agreement to move his truck 1,000 yards every half hour. MR. VALDATI moved to approve a Peddler's License for George Kantor to sell ice cream, etc. throughout the Town of Wappinger. Seconded by Mr. Fanuele Motion Unanimously Carried Requests to attend conferences were received from the Planning Board, Zoning Board of Appeals, N.Y. Planning Federation Institute, October 21-24, 1990, Mr. Logan for Linda Liucci, Columbia County, July 9 - 13, Mr. Logan, Seminar for Assessors, Cornell, July 22-27, no charge to the Town, and Judge Francese, Judicial Education Program, St. Lawrence University July 23 - 27, 1990. MRS. VISCONTI moved to approve the requests from the Officials to attend their respective Conferences and all legitimate expenses will be a Town charge. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Fanuele noted that there were computer training sessions coming up and he would like to have these included for approval. 133 MRS. VISCONTI moved to approve Mr. Fanuele's request for two employees from the Justice Court and two employess from the Comptroller's Office to attend the off site computer training on the designated dates. Seconded by Mr. Incoronato Motion Unanimously Carried Requests were received for return of various escrows placed with the Town by: James Klein, Lot #35, Nicole Farms, $2,000; Joseph Carbon, 17 Valley Road, $2,000; Mujeebuddin Ahmed, 4 Taryl Court, $4,750; R. Regh, 4 Norman Court, (Lot 25, Pondview) $250; V. Moccarski, 40 Mina Drive (Lot #31 Pondview) $250; Bob Novak, Lot #29, Pondview, $294. All required documents were submitted with the requests and the respective Department Heads recommended release of these escrows. MR. VALDATI moved to approve the release of the escrow desposits, as requested. Seconded by Mr. Fanuele Motion Unanimously Carried Reports were received from the Engineer relating to the Wappinger Central Junior High project and the Cooling Tower Treatment Change at the I.B.M. Myers Corners Road Facility. Mr. Paggi had previously met with Mr. Ponte, Acting Superintendent and Mr. Foster, Director of Facilities Operations at the site and discussed what should be done regarding another incident of excessive runoff and erosion from the construction at that school; when he explained the situation to Mr. Foster, he agreed that there were problems and planned to meet with the contractor to discuss what they were going to do about it and Mr. Paggi asked them to keep him abreast of what was happening. They have not, at this date, done anything to solve the problems, however, Mr. Foster has assured him he will do whatever is necessary to correct what has been done. The second report on the Cooling Tower Treatment Change at the I.B.M. facility related to the Engineer's review of the discharge parameters of the cooling towers and was for the Board's information. Patrick Hynes, Route 376, wrote to the Board regarding a sewer backup at his home and enclosed bills from Roto -Rooter and Marcojohn Construction to snake the line, excavate and replace the sewer line. Eventually, Camo Pollution Control was called since it appeared to be in the Town line. Mr. Incoronato noted that this has been happening very frequently 134 even though the residents were instructed to call Camo first and let them determine the problem before calling in outside contractors. This results in the Town being billed from our own operators but also the ones the residents have called. He did not believe that the Town should be responsible for reimbursing Mr. Hynes if he had been notified of the procedure to follow and had not followed same. It was agreed by the Board that they would obtain further information from Camo prior to make a determination on Mr. Hynes's request. The Supervisor had written to Assemblyman Saland and Senator Rolison regarding the Town supporting a bill before the State Senate that would allow Towns the right to set speed limits for Town roads. MRS. VISCONTI moved to accept this correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence was received from Carol Garrity, Chairman of the Tri -Municipal Sewer Commission and a request from James Sedore for an additional drawdown of funds in the amount of $100,000 regarding the Wappinger Plant Expansion and SEQRA Process. There was some discussion on where the monies would be taken from and Mrs. Smith thought possibly the -Contingency Account until such time as the bonding comes through. MR. FANUELE moved to approve the expenditure of $100,000 to advance to the Tri -Municipal Sewer Commission for the proposed Wappinger Plant Expansion and required SEQRA Process for this action. Seconded by Mrs. Visconti Motion Unanimously Carried The Town Planning Board forwarded a Findings Statement on the Alpine Companies Shoppinger Center. MR. VALDATI moved to accept the Notification and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Incoronato noted that two new traffic lights are planned, not just the one at the development but another one at Middlebush Road and Route 9D and if this does materialize he predicted a traffic problem. He then referred to an additional project to the Imperial Plaza, just a quarter of a mile down the road from the proposed Alpine Development. 135 He questioned the need for this development and felt the Planning Board should convey these plans to the applicant for this project so they are fully aware of what's proposed for the immediate vicinity. A request was received from the Highway Superintendent to purchase a Tractor under the State Bid Contract; however no other information was submitted. Mr. Foster explained that he had been waiting since April to have the Contract signed and it was just done last week. Since he would not be able to get the tractor in time to be effective this year, he had no problem with tabling his request until next month and resubmit it with additional information. MR. INCORONATO moved to table the Highway Superintendent's request until the next meeting pending further information to be provided by him. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence was received from Hayward and Pakan Associates regarding deficiencies on some items in the Town Hall Building. John Kane, Architect with this firm and the individual who supervised the building of the Town Hall, had toured the building with Mrs. Smith and submitted his recommendations for those items that needed correction. There was also the matter of an escrow being held by the Town pending completion of certain items and he wished to discuss the resolution of the matter with the Board. Mrs. Smith set a tentative date of July 16, 1990, at which time they will discuss what should be done, who should do it, and of utmost importance, who's going to pay for it. Judge Wolfson wrote to the Board concerning a resignation and -appoint- ment of additional personnel in the Justice Court. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried In order that the Board could authorize the Engineer to prepare contract documents for WSIA#3 within the required time frame, the Supervisor announced that she intended to change the meeting date for July. MRS. SMITH moved to change the Meeting Date for July from the 23rd to July 30th, 1990. Seconded by Mrs. Visconti Motion Unanimously Carried 136 Committee Reports --- Mrs. Visconti, Highway, referred to the synopsis submitted by the Highway Superintendent of the Annual Conference specifically for this position.and he recommended annual attendance for the current Superin- tendent. She commended the Highway Superintendent and felt that all who attend conferences should submit such a report. Recreation, all Board Members received letter from Mrs. Rider regarding her position with the United Soccer Group; she informed the Board that she is working with Mr. Holt on the Soccer Intermunicipal Agreement and she will keep them informed of what's happening after she meets with Mr. Holt. Mr. Incoronato, letter from Tim Classey dated June 21, 1990 in which he stated that the Building Department is operating at a loss of $12,000 a year and he blames it on fees on construction permits being outdated and has proposed upgrading these figures. Mrs. Smith said this would be on the Agenda for July since it came in too late for this Meeting. His second concern had to do with environmental issues regarding mosquito spraying and was upset to see the spray truck in his neighborhood ---no prior notice. Mrs. Smith explained that the residents have to call the County Mosquito Control if they do not wish their area sprayed. Mosquitos have been at an all time low this year and the Board has concerned themselves with the environment, with recycling and we don't need the spraying this year and here we are paying for it and no information she receives to the Councilpeople. A last comment from Mr. Incoronato was that he would absolutely vote against mosquito vote was taken. Mrs. Smith informed him that last year the Board agreed to put $10,000 in the budget for this purpose and the Agreement has been signed. Mr.Incoronato continued with his objections saying that the Board should abandon the spraying if they are going to continue their campaign to save the environment. It was Mr. Valdati's opinion that the Town should know what areas are being sprayed via County notification. Mrs. Smith said she would contact the County and forward whatever information she receives to the Councilpeople. A last comment from Mr. Incoronato was that he would absolutely vote against mosquito 137 spraying next year, he will lobby for this. The Supervisor wished him to be aware that as much as he didn't want the spraying there are those on the other side who want it very much, so when budget time comes they will discuss it and determine whether to allot money for the program. Mr. Valdati, Safety, spoke on an old matter that they recently received correspondence on concerning a request to the New York State Department of Transportation for a reduction of speed limits in the southwestern portion of the Town and this was over a year and a half ago with no action from them. The correspondence mentioned that it would be a year to a year and a half time frame for response and that is the time we have been waiting. The area warrants this speed reduction, he felt and a response should be directed to the Town from the D.O.T. The Town Clerk brought up a point that when follow up letters are sent, the files are pulled out and the request moves down on the list which could delay it another six months. Mr. Fanuele, Recycling, noted that it would begin in our Town on July 14th; he read an article in the paper that K -Mart will pay $2.00 each for old batteries and it doesn't have to be their brand. Mrs. Smith added that there will be a press release in the Southern Dutchess News, the top half of the display was designed by Vic Fanuele and the bottom half by the Supervisor. There will be a ceremony at 9 A.M. on that day at the Town Highway Recycling Site. Computers ---hopefully both the Town Justices and the Comptroller's will have their plan installed in July. The Highway Superintendent found his own system and it is installed. Resolutions --- A letter and proposed Agreement was received from Matthew Rudikoff Associates, Inc. which would authorize this firm to prepare the Draft Environmental Impact Statement for the formation of a Sewer Improvement to connect with the Tri -Municipal Sewer Commission's existing wastewater transmission and treatment plant. There were certain figures in the Agreement that were not entirely acceptable to the Supervisor and brought them to the Board's attention for purposes of discussion. MRS. SMITH moved to table action to the end of the Agenda and consider the Agreement following an Executive Session. Seconded by Mrs. Visconti Motion Unanimously Carried k9911 RESOLUTION AUTHORIZING CIRCULATION OF LEAD AGENCY DESIGNATION FOR COORDINATED REVIEW OF TYPE 1 ACTION The following Resolution was offered by SUPERVISOR SMITH who moved its adoption: WHEREAS, the Town.of Wappinger is currently under a New York State consent decree to correct wastewater discharge violations at the Oakwood Knolls Wastewater Treatment Plant, and WHEREAS, in order to comply with the DEC consent order and to eliminate any further future wastewater discharges into Hunters Creek, the Town of Wappinger and the Tri -Municipal Sewer Commission have entered into a memorandum of understanding for the purpose of creating a Sewer Improvement that will transmit an initial Phase I 1,000,000 gallons per day of wastewater flow directly to the existing Tri -Municipal Sewer Commission's wastewater transmission and treatment facilities for processing, and WHEREAS, the creation of the Improvement will incorporate the existing Wappinger Sewer Improvement Area #1 and the Rockingham Farms Sewer District, and will involve the installation of a new trunkline that may cause significant environmental and induced growth impacts, and WHEREAS, the Improvement includes the potential future delivery of an additional 3 mgd of wastewater to the Tri -Municipal Sewer Commission wastewater transmission and treatment facilities, NOW THEREFORE BE IT RESOLVED, that the action of the Town to form the Sewer Improvement be designated a Type I SEQR action pursuant to 6 NYCRR Part 617 and that such action undergo a coordinated review by all involved and interested parties, and BE IT FURTHER RESOLVED, that the Town of Wappinger Town Board, under the criteria for SEQR regulations in Section 617.6(B)l, hereby expresses its intent to be designated Lead Agency to coordinate the environmental review process of the stated action, and BE IT FURTHER RESOLVED, that an EAF, Part I is on file in the offices of the Town's consultants and that the attached information is considered to be more descriptive of the action, and BE IT FURTHER RESOLVED, that by requesting to be Lead Agency this Board shall circulate the attached Lead Agency Notice to all involved and interested agencies. -Seconded by: Councilman Valdati Resolution Duly Adopted Five Bids were received and opened on June 18th, 1990 on Wappinger Sewer Improvement Area No. 3, Contract "A". The apparent low bidder was Video Pipe Services, Inc. and the Engineer recommended that this firm be awarded the contract, following a review of the Bid Documents, total price of $43,868.85. MRS. VISCONTI moved to award the bid on Wappinger Sewer Improvement Area #3, Contract A, Infiltration Reduction Program, to Video Pipe Services, Inc., total price $43,868.85, subject to the Town going to bond for the necessary funds. Seconded by Mr. Incoronato Motion Unanimously Carried 139 The following Resolution was offered by COUNCILMAN INCORONATO who moved its adoption: WHEREAS, the Town Board, at its May 29, 1990 Town Board Meeting, introduced an Ordinance Amending the Zoning Ordinance of the Town of Wappinger, specifically Sec. 413.05 regarding Swimming Pools, and WHEREAS, the Town Board scheduled a public hearing for 6:50 P.M. June 25, 1990, regarding the adoption of the proposed Amendment, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines that it is the only involved agency in the adoption of this proposed amendment and hereby declares itself Lead Agency pursuant to ARticle 8 ECL and the related Title 6 part 617 NYCRR. 2. The Town Board has caused to be completed part 1 and part 2 of a short form EAF for this project, in the form annexed hereto as Exhibit A. 3. 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. 4. The Town Supervisor is hereby authorized to execute part 3 of the short form EAF and further directs the Town Clerk to provide for the filing and distribution of same as provided by law. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted COUNCILMAN VALDATI moved to adopt the following Amendment to the Zoning Ordinance, Section 413.05, Swimming Pools: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger as follows: 1. The Zoning Ordinance of the Town of Wappinger, duly adopted on March 10, 1989 and as amended from time to time is further amended as follows: SECTION 413.5 SWIMMING POOLS A swimming pool, including accessory equipment, shall be considered a structure and shall be set back from lot lines at least the minimum distance required for an accessory building in that district. 413.51 A swimming pool, including accessory equipment, must be completely surrounded by a fence or wall enclosure. Such fence or wall enclosure shall be at least 4 feet in height, have a maximum clearance to adjoining grade of 2 inches and openings, if provided, shall prohibit the passage of a 2 inch diameter sphere. Such enclosure shall resist a horizontal force of 50 pounds per foot applied at a height of 4 feet. Structural bracing shall be within the enclosure. Gates or doors shall be self-closing and self -latching with the latch handle at least 40 inches above grade or located within the enclosure. Above ground pools with at least 46 inches between pool decking or pool top and adjoining grade, are exempt from this requirement provided that access is restricted. A pool less than 24 inches deep is exempt from this requirement. A wall or fence or other enclosure wholly enclosing a dwelling house shall constitute compliance with this requirement. 140 413.52 All electrical facilities for filters, lights or other electrical outlets shall meet the requirements of the National Electrical Code pertaining to Swimming Pools. 2. This Ordinance shall take effect immediately upon posting and publication, as prescribed by Town Law. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town Board, at its May 29, 1990 Town Board Meeting, introduced an Ordinance Amending the Zoning Ordinance of the Town of Wappinger specifically Sect. 477.5 regarding Emergency Vehicle Access, and WHEREAS the Town Board scheduled a public hearing for 6:45 P.M. June 25, 1990, regarding the adoption of the proposed Amendment, NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines that it is the only involved agency in the adoption of this proposed Amendment and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related Title 6 part 617 NYCRR. 2. The Town Board has caused to be completed part 1 and part 2 of a short form EAF for this project, in the form annexed hereto as Exhibit A. 3. 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. 4. The Town Supervisor is hereby authorized to execute part 3 of the short form EAF and further directs the Town Clerk to provide for the filing and distribution of same as provided by law. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted COUNCILWOMAN VISCONTI moved to adopt the following Amendment to the Zoning Ordinance, Section 477.5, Emergency Vehicle Access: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger as follows: The provisions of the Zoning Ordinance and Zoning Map of the Town of Wappinger, duly adopted on the 10th day of March, 1990, and as amended from time to time is further amended as follows: Section: Section 477.5 is further amended as follows: 477.5 Emergency Venicle Access Driveways and access roads shall be so designed as to provide Fire Department apparatus access to within a distance of 150 feet or less of the structure it may be called upon to protect and they shall meet the following requirements: 141 Section 2: This Ordinance shall take effect immediately upon posting and publication as prescribed by Town Law. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted Item 7e and 7f were removed from this Agenda. A proposed Local Law Regulating Parking on Ervin Drive and Blackthorn Loop was submitted to the Town Board by the Attorney, at their request. The language was not acceptable to them in that the regulations stated that they would be in effect on Saturdays, instead of school days. This was tabled for correction of the wording. In the matter of the Establishment of an Ambulance District for the Town of Wappinger, exclusive of the Village of Wappingers Falls, a public hearing had been held in 1987 by a previous Town Board. There were questions regarding the inclusion of a portion of Chelsea who were being served by the Beacon Ambulance Corp at no cost to them. This was referred to the previous Attorney to the Town and it was the Town Clerk's understanding that the Beacon Corp was not interested in serving this area if the Town was considering the formation of a district. The Resolution to be considered will be for the entire Town, exclusive of the Village of Wappingers Falls, and will be subject to a permissive referendum after publication and posting for a period of thirty days. At the end of that time if no petitions have been filed for a referendum, another resolution will be placed in front of the Board approving the District. If the Town chooses to pursue it, then they will discuss the economics with a specific vendor, or they can let it sit until they are ready to move ahead. If and when the Board does go forward with the next step, they will schedule work shops to discuss the mechanics. The following Resolution was offered by COUNCILMAN FANUELE who moved its adoption: WHEREAS, on October 19, 1987, the Town Board conducted a public hearing on the proposed establishment of the "Wappinger Ambulance District", and WHEREAS, notice of said public hearing was duly published and an affidavit of publication was filed with the Town Clerk, and WHEREAS, a map entitled "Proposed Ambulance District, Town of Wappinger", dated October, 1987, was prepared by the Engineer to the Town and said map was considered by the Town Board at said public hearing, and 142 WHEREAS, the public had full and ample opportunity to be heard, and WHEREAS, the Town Board has reviewed the matter with respect to Article 8 ECL and the related Title 6 part 617 NYCRR and intends to issue a NEGATIVE DETERMINATION OF SIGNIFICANCE, NOW, THEREFORE, BE IT RESOLVED, 1. The Town Board of the Town of Wappinger hereby determines that the intended action, that is the establishment of the proposed Wappinger Ambulance District, is both an unlisted action pursuant to Article 8 ECL and the related Title 6 part 617 NYCRR and an action for which there are no other involved agencies, 2. The Town Board hereby determined 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 hereto caused to be completed part 1 and part 2 of the short form EAF for this project, in the form annexed hereto as Exhibit "A", 4. The Town Board has reviewed the intended action with respect to the criteria set forth in part 617 part 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 as provided by law, and BE IT FURTHER RESOLVED, that the Town Board hereby determines and fiads as follows: (1) The Notice of Public Hearing was duly published and posted as required by law and is sufficient for all purposes, (2) All the property owners within said proposed Wappinger Ambulance District will be benefited by the service provided by said ambulance district, (3) The Wappinger Ambulance District shall include all of the Town of Wappinger outside of the Village of Wappingers Falls, Dutchess County, New York, (4) All of the property and property owners who will be benefited by said district are included within the limits of the proposed district, (5) It is the further finding of this Board that the establishment of said Wappinger Ambulance District is in the public interest, and BE IT FURTHER RESOLVED, that the district shall be known as "Wappinger Ambulance District", and BE IT FURTHER RESOLVED, that this Resolution is subject to permissive referendum as required by Town Law Section 209-e, in the matter provided in Article 7 of the Town Law, and BE IT FURTHER RESOLVED, upon the expiration of the time for filing a petition requesting that the matter be submitted to the voters, or in the event a referendum is held and the voters approve said Resolution, a copy of this Resolution shall be filed by the Town Clerk with the Dutchess County Clerk and the New York State Department of Audit and Control, Albany, New York, and 143 BE IT FURTHER RESOLVED, that the Town Clerk shall publish a copy of this Resolution in the official newspaper of the Town of Wappinger, as provided by law, notifying the public of its adoption and that it is subject to permissive referendum, and BE IT FURTHER RESOLVED, that this District shall be deemed established upon the expiration of the time for filing a petition re(pesting a referendum or upon approval of the voters, as the case may be. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted The Board had a work shop to discuss the Camo Pollution Control Contract as Operators of our Water and Sewer Plants and were now ready to consider said contract. MRS. VISCONTI moved to approve the Contract with Camo Pollution Control and authorize the Supervisor to sign said Contract, contingent upon the approval of the Attorney to the Town as to form. Seconded by Mr. Valdati Motion Unanimously Carried The Supervisor explained that the prior contract with Camo was costing the Town a good deal of money and she requested that they discuss figures more thoroughly before they agree to renew this contract. The new document will include all services to the Town on one monthly bill, no extras, as is the situation now. The new one will save the Town approximately $20,000 for the next six months and considerably more for a full year. The next Resolution to be considered will allow the Town to go to bonding for the Storm Drainage Project and authorize the Engineer to prepare the plans and specifications. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E. has identified certain areas within the Town which are in immediate need for the installation of storm sewers and related appurtenances, or for repairs and remedial work to existing storm sewers, or as set forth in a certain letter dated April 26, 1990, to the Town Board, a copy of which is affixed to this Resolution, and WHEREAS, the total cost for the work set forth in the letter dated April 26, 1990, is projected to be $2,308,000.00, and 144 WHEREAS, the Town Board at a special meeting on May 14, 1990, has adopted a bond resolution authorizing the issuance of $2,192,600.00 serial bonds and $115,400.00 capital notes of the Town of Wappinger, to pay the costs of the construction of the facilities set forth in the letter of April 26, 1990, and WHEREAS, the Town Board has duly caused a notice of adoption of said Resolution to be published once in the Southern Dutchess News on May 16, 1990, and WHEREAS, the Town Clerk has certified that no petitions have been filed with the Town requesting the matter to be placed before the voters for approval, and WHEREAS, the Town Board wishes to authorize the Engineer to the Town to prepare plans and specifications and to otherwise proceed with the work outlined in his letter of April 26, 1990, NOW, THEREFORE, BE IT RESOLVED, 1. That the Town Board of the Town of Wappinger does hereby authorize and approve the storm sewer project as detailed and outlined in the letter of Jay Paggi dated April 26, 1990, copy of which is affixed hereto, made part hereof and marked and designated Exhibit "A", and BE IT FURTHER RESOLVED, that the maximum amount to be expended for said project, inclusive of capitalized interest, is the sum of $2,308,000.00, and BE IT FURTHER RESOLVED, that Joseph E. Paggi, Jr., P.E. of the firm of Paggi and Martin, Consulting Engineers and Land Surveyors, is hereby authorized and directed to prepare definite plans and specifications for said project, to make a careful estimate of the expenses, and with the assistance of Albert P. Roberts, Attorney to the Town Board, to prepare proposed contracts for the execution of the work required for said projects, and to do such other work as may be necessary to implement said project. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays Unfinished Business --- Mr. Fanuele updated information he gave at the last meeting regarding changing the name of manhole covers in Sacremento, California and he has learned that the City Council will label them "maintenance holes" so there will be no discrimination of the sexes. Mr. Valdati referred to a claim by one of the Justice Court employees due to vandalism on her car in the Town Hall parking lot which was submitted to our Insurance Agent, Marshall & Sterling and asked the status of this claim. The Supervisor replied that she has received no further complaints and assumes it has been taken care of. New Business --- Jerry Cauda, resident of Ketchamtown Road, spoke of a problem he has been having going through an application for a property realignment for 1} years. He spent many hours today in the Dutchess County Clerk's office tracking down a map and.when it was found, he learned 145 that while the map was in the Town Hall Offices a mistake was made on it and he now has to have new maps at a cost of another $800. He is on a three month limit and he questioned if he could get an extension. He claimed there was an omission on the map and an error and the County would not accept it for filing, furthermore, this was done by the Planning Board. The Supervisor requested him to come in to her office as soon as possible to discuss the matter further and in the meantime, she would speak to Mr. Levenson and the Planning Board to see what the problem is and how it occurred. The following proposed Local Law on Tree Preservation was introduced by SUPERVISOR SMITH: (Local Law Attached Hereto and Made Part Thereof of the Minutes of This Meeting) The following Resolution was offered by SUPERVISOR SMITH who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 25th day of June, 1990, a proposed Local Law on Tree Preservation, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 30th day of July, 1990 at 7:15 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted Ralph Nenni, resident of Ketchamtown Road, was recognized by the Chair and explained that he had a problem in front of his house where the road is breaking up and his house shakes when vehicles are using it. The cause, he felt, was because the Highway Department keeps raising the road, as it has been paved many many times, and his house gets lower than the road level; below his house is a knoll which is very dangerous since it is a blind location and when drivers reach this at excessive speed, they are air borne. In his opinion, correction 146 of the situation would be a simple project and would not be an expensive one; something has to be done to make his home safe and the others on the road. Mr. Nenni did not think that the Highway Superintendent was grasping the situation and the procedure involved in correcting it, however, Mr. Foster met him at the site and noted that one section of the road was flaking off the top and in the past an attempt was made to put on about one inch cap and it will not stick. He informed Mr. Nenni during this inspection that he would repair this properly, however, there will still be a problem with the road being built up, as explained by this resident. In addition there was a storm sewer installed in front of the house and the patch that was made as properly as could be done, still presents a problem and the only thing that can be done there is to put more blacktop which will raise the road again. Correction of the knoll would not be practical, Mr. Foster felt, as it is a good sound road and he would rather not disturb it. For this reason he has given this situation low priority on his work schedule, but he will do whatever he can to help Mr. Nenni. This resident continued discussing his concerns, adding that the storm sewer that was put in for the newer homes should have been extended up to his home since he was the first home there and he had the drainage problem. This was promised to him and never completed and his argument was that the Highway has a big crew and they should be doing some of that work instead of spending so much time on garbage pickup. Mrs. Smith defended this department, commended the crew and explained that part of the time has been spent on the pickup, but at least two days a week are being spent on road work; this pickup could have been planned for the weekend, at the expense of the taxpayers. She will request the Highway Superintendent to check out his complaints and do whatever has to be done that he determines is the Town's responsibility. Regarding the speeders, Mr. Foster said he would alert the Town Patrol to traverse that road and watch for violators. Mr. Fanuele, on Cablevision, read that the new contract, under State Law, must be ten years or shorter, not longer; he also had a communica- tion from that company that they are taking two stations away and, according to the Supervisor, he was not alone, she had had thousands of calls from residents complaining about that fact. Our Cable Chairman, Charlie Cortellino, suggested that he replace his set with a more modern one and he'll get more stations. 147 The matter of considering the new Franchise was referred to the Attorney and he has been constantly seeking information on the laws by calling Albany and has learned that they are approving ten year terms, the reason being that the Cable Commission is requiring a number of technical changes by these companies and this period of time seems the most appropriate to advertise the costs over the life of the equipment; they also indicated that as a service to the local communities, in view of the repeated regulation changes, they will review our contract and will report their findings and recommendations to us probably within a week. As to the renewal process, the Town has to hold a public hearing on the proposed Franchise Agreement and this is pending on further communication from Mr. Erichsen, General Manager of U. S. Cablevision, requested at a previous work shop with him and the Town Board. MRS. VISCONTI moved that the Town Board go into Executive Session. Seconded by Mr. Valdati Motion Unanimously Carried The Town Board went into Executive Session at 9:10 P.M. The Meeting reconvened at 9:34 P.M., with all five Board Members present. MRS. VISCONTI moved to approve the Agreement between Matthew D. Rudikoff Associates, Inc. and the Town of Wappinger with respect to the preparation of a Draft Environmental Impact Statement for the formation of a Town Sewer Improvement and Connection to the Tri - Municipal Sewer Commission transmission and treatment facilities, and authorize the Supervisor to sign said Agreement. Seconded by Mr. Fanuele Motion Unanimously Carried There was no other business to come before the Board, MR. VALDATI moved to adjourn the Meeting, seconded by Mrs. Visconti and unanimously carried. The Meeting adjourned at 9:35 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 6/25/90 1\J Y9 LV VL' VV ".c. — II IjL .I LOCAL LAW NO. of the year 1990 A -local law entitled Tree Preservation Be it enacted by the Town Board of the Town of Wappinger as follows: Section I. Purpose A) The Town Board finds it has been established that trees stabilize the soil and control water pollution by preventing soil erosion and flooding► reduce air pollution, provide oxygen, yield advantageous microclimatic effects► temper i' noise, provide a natural habitat for the wildlife of the town and further► that unusual, large and old trees have unique visual, aesthetic and historic values. 'Indiscriminate removal of trees causes deprivation of these benefits and disrupts the Town's ecological systems. It is, therefore, . the purpose of this chapter to prevent the indiscriminate or unnecessary destruction of trees within the Town of Wappinger. B) The Town, furthermore► takes note of the findings of the New York State Environmental Quality Review Act, among them being the obligation of the Town to serve as a steward of air, water► land and living resources and the obligation to protect the environment for the use of this and further generations. It is the intent of the Town to recognize these responsibilities in part by providing these procedures as well as to preserve the public health and welfare and rural character of the community which is reflected in the wood- lands of the Town of Wappinger. Local Law No. of 1990 page 2 Section II. Definitions As used in this chapter, the following terms shall have the meaning indicated: A. Clear Cutting The cutting of more than one-half (1/2) of the existing trees in an area of one (1) acre per parcel over the period of five (5) consecutive years. B. D.B.H. (Diameter Breast Height) The diameter of a tree measured at a point four and one-half (4-1/2) feet above the ground measured in inches. C. Protected Tree Any living tree species designated by the NYSDEC as endangered, threatened, rare or vulnerable in the "New York Natural Heritage Program: New York Rare Plant Status List" or any living tree species designated by vulnerability in the wild as a result of environmental stress. A list of protected tree species appears in Appendix A. D. Specimen Tree A living woody plant with an erect perennial trunk twenty- four (24) inches or more d.b.h. E. Subdividable Acreage Acreage that is two or more times the minimum lot size required within the applicable zoning district (i.e., two or more acres in a one acre zone, four or more acre in a two acre zone and six or more acres in a three acre zone). F. Tree A living woody plant with an erect perennial trunk six (6) inches or more d.b.h. with a definitely formed crown of foliage. TOWN OF WAPPINGER GOVERNING POLICY OF ALL TOWN DEPARTMENTS HOURS OF OPERATION BASIC REQUIREMENTS OF VARIOUS POSITIONS IN CONJUNCTION WITH ESTABLISHED DUTIES VACATIONS, SICK LEAVE PERSONAL DAYS AND HOLIDAYS In order to maintain uniformity throughout all Town of Wappinger Departments and Town of Wappinger Offices, the following will apply: HOURS OF OPERATION: All Town Offices, such as: 1. Supervisor 2. Town Clerk 3. Comptroller 4. Building Inspector 5. Zoning Administrator 6. Fire Inspector 7. Receiver of Taxes 8. Highway 9. Justices 10. Assessor will be open Monday through Friday from 8:30 a.m. to 4:00 p.m. NOTE: Office employees are expected to take their half(1/2) hour lunch break during these hours, however, the offices will remain open during said hours. This comprises a 35 hour work week, for all full— time salaried employees: in addition to any time required to attend any meeting requested by Town Board relative to performance of duties for that office. 7/90 MAC When an employee is asked to serve in a capacity other than his normal duties at a time other than the normal work week, such employee is entitled to additional compensation on an hourly basis. HOURLY PAID EMPLOYEES: Hourly paid employees time will be set by the Department Head, to be used most efficiently for Department needs. BASIC REQUIREMENTS OF VARIOUS POSITIONS IN CONJUNCTION WITH ESTABLISHED DUTIES: The following will apply for various appointed positions as part of said employee's job: 1. Comptroller► Assessor► Receiver of Taxes► Building Inspector► Fire Inspector, Zoning Administrator: to attend any meeting when requested by the Town Board► Planning Board and/or Zoning Board. 2. Secretary to the Planning and Zoning Board: to attend the regularly scheduled meeting of said boards. 3. Clerk/Dispatcher to the Highway Superintendent: to attend any meeting requested by the Highway Superintendent and/or the Town Board. 4. Secretary to Town Justices (Clerk of Justice Court): to attend any meeting and court appearance as requested by the Town Justices. 5. Account Clerk to the Comptroller: to attend any meeting and/or work session as requested by the Town Board and/or the Comptroller for such items as preparing and finalizing the Town budget. 6. Secretary to the Assessor: to attend meeting and/or work sessions required by Assessor for such items as Assessment Rolls and Grievance Procedures. 7/90 - 3 - VACATION, SICK LEAVE► MATERNITY POLICY The purpose of.these regulations is to establish a uniform vacation, sick leave and maternity policy for Town Employees of the Town of Wappinger, New York. -'VACATION: The following vacation plan is for full-time employees, and was implemented in 1990 for new employees: 2 weeks after 1 year of service 3 weeks after 5 years of service 4 weeks after 10 years of service 5 weeks after 15 years of service Vacation time will not be before required number of years for such vacation entitlement are completed. Vacation is earned on anniversary date. UNUSED VACATION: Vacation may be accumulated to a maximum of 15 working days. APPROVAL: In order to assure all departments will be properly L3 taffed, requests for vacation should be submitted to the Department Head for approval. Where a conflict of dates prohibits proper staffing for any office► dates will be assigned on the basis of seniority. Individuals wishing to change their scheduled time may do so, providing such change does not interfere with the regular work flow of any department. Any request for more than 3 consecutive weeksr must go before Town Board for approval with comments from Dept. Head. 7/90 - 4 - PERSONAL LEAVE: Each employee shall receive six (6) paid personal business leave days per year. Days to be taken shall require approval from the Department Head or his designee. However, approval shall not be denied unless there is an emergency. Personal days are earned one day every 2 months (Jan 1, Mar. 1, May 1, July 1, Sept.l, Nov. 1). Personal time will not be carried over from year to year. BEREAVEMENT: Full-time employees may be granted, if necessary (3) three consecutive days bereavement with pay, for each occurance of death of immediate family. (Parent, spouse, chlid, Mother -in -Law/ Father -in -Law, Brother/Sister, Grandfather, Grandmother). SICK LEAVE: Employees commence year of service with an entitlement of 12 days per year figured at the rate of one day per month. All sick time in excess of 12 days in one year of service will be without compensation, unless such additional sick time has been accumulated rom unused sick time of prior years. Employees may accumulate sick ime credit up to a maximum of 166 days. SICK LEAVE PAY: During absence from duty on approved sick leave, an employee will be entitled to receive his/her regular pay, except in Workmen's Compensation cases, for a period not exceeding his/her accumulated sick leave time but in no event in excess of 166 days of pay in any calendar year. An employee may be absent from duty with pay due to a personal illness. After three work days or more of sick leave, consecutively ►the employee will be required to provide the Comptroller with a doctor's certificate. 7/90 - 5 - ADDITIONAL SICK LEAVE: If an employee shall be absent from his duty because of quarantine for exposure to communicable disease, and such exposure occured while such employee was performing Town duties, the Town Board may grant sick leave pay in addition to any sick leave pay hereinabove provided, but in no event, shall such sick leave pay for any one employee in the aggregate extend beyond a year from commencement of quarantine. In any case of absence due to disability arising from performance of Town duty, the Town Board may grant further sick leave without pay to commence after the expiration of any paid sick leave. Absence on authorized sick leave pay status shall be considered active service in the computation of vacation eligibility, and absence on authorized vacation shall be considered active service in the computation of sick leave credit. �iORKMEN'S COMPENSATION: If an employee is entitled to receive Work- len's Compensation benefits during absence from work, he shall forth- ith file in writing with his department head his election, as follows: 1. He may elect to waive any sick leave► in which case no charge will be made to accumulated sick leave time. 2. He may elect to take sick leave, in which case he shall be entitled to receive during his absence from duty, as sick leave pay a sum equal to the difference between his Workmen's Compensation benefits and his regular pay and each day of absence from duty shall be charged to his accumulated sick leave time. 7/90 =I= VACATION AND SICK LEAVE REPORTS: Each department head shall report all absences in writing to the Comptroller. MATERNITY POLICY: A pregnant or adopting mother will be granted a leave of absence without pay for a period of six months► which may be extended for an additional six month period, maximum► with the recommendation of the department head and approval of the Town Board. Reinstatement will be at the salary for such position in effect at point in time when such leave of absence was approved. TERMINATION OF EMPLOYMENT: Upon termination of employment for any reason: (Two weeks notice) 1. All employees rights to sick leave shall be forfeited. 2. Employee will be entitled to the vacation covering his period of servicer determined as of the end of the year of service to be completed. EFFECTIVE DATE: This policy is effective as of 1990, upon its adoption by the Town Board of Town of Wappinger► New York, but for purposes of computing vacation eligibility and sick leave credit for all employees in Town employment on the effective date hereof all continuous, permanent employment of any such employee by the Town from and after January 1, 1950 shall be included: 7/90 - 7 - HOLIDAYS: The following 14 paid holidays will be provided for all full - time employees: New Year's Day Martin Luther Ring Day Floating Holiday (Lincoln's Birthday. alternate) Date will be set by Town Board each yeary after polling employees. Washington's Birthday Good Friday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Election Day Thanksgiving Day Day after Thanksgiving Christmas Day TOWN OF WAPPINGER VEHICLE USE POLICY 1. All vehicles will be fueled at the Town Highway Garage whenever possible. If a car is fueled outside of the town, gas tickets are to be submitted to the comptroller weekly. These tickets must show the vehicle license number, the amount of fuel purchased, the odometer reading and the dollar amount. 2. Routine maintenance repairs will be done at highway garage, unless directed otherwise by town board. If you have trouble outside of the Town of Wappinger and the cost of the repairs is in excess of $50.00, call the Supervisor or Comptroller for approval before you have repairs made. 3. The person who has been assigned the car will be responsible for keeping the vehicle properly maintained. He/she must see to it that every 3000 miles, or 6 months whichever comes first, the oil and filter are changed and that all routine maintenance as stated in vehicle manual is done. If repairs are found to be necessary due to neglect, the person assigned car may be asked to pay for the repairs and/or risk losing the use of the vehicle. 4. It will be the responsibility of the driver of the vehicle to keep the vehicle clean, as well as ensuring proper fluid levels (oil, transmission fluid, brake fluid, anti freeze, power and steering fluid, etc.) 5. Vehicles are to be used for transportation, not as a truck. If there is a need to carry equipment, use the trunk, not the rear seat. 6. Drivers must have a valid driver's license and are responsible for all traffic violations. 7. Anyone living more than 15 miles from the Town Hall, outside the Town of Wappinger, will reimburse the town at prevailing rate per mile for each additional mile. 8. Only the town official assigned to car should drive the car. 9. ALL accidents MUST be reported to the Town Board within 24 hours. ALL vehicle accidents MUST be reported to the proper legal authorities prior to the vehicle being moved in accordance with N.Y.S. vehicle laws. 10. Person driving vehicle will be responsible for any damage to vehicle up to the Town's insurance deductible, during travel to and from work. 11. Town logo will remain on town vehicles at all times. - 2 - 12. All vehicles will be used for official town business only. Personal use is prohibited and will include trailering► trucking, or the carrying of passengers that are not involved in the Town business. 13. Seat belts must be worn at all times. 14. Driving under the influence of drugs or alcohol are prohibited and will result in loss of use of the vehicle and appropriate disciplinary action. 15. It will be the responsibility of the person assigned the vehicle to report any and all defects as soon as they occur. Locai Law 1y9U i t.ayc J Section III. Administration and Enforcement A. The Town Board designates the Zoning Administrator to administer and enforce this Tree Ordinance and to consult with the Conservation Advisory Board as needed to identify and/or properly preserve or restore ecological values within the Town of Wappinger. B. The Zoning Administrator shall perform the following duties: 1. Receive and keep accurate records of tree removal permit applications. 2. Inspect the trees described in each application. 3. Determine the disposition of the application based on the standards for granting permits described in Section IV. C. 4. Carry out such other duties as pertains to this Tree Ordinance as may be assigned from time to time by the Town Board. Section IV. Tree Removal Permit Required A. General Regulations. A tree removal permit will be required before: 1. Removing, cutting or causing injury to living trees growing on slopes over twenty-five percent (25%). 2. Removing, cutting or causing injury to any specimen tree or protected tree. 3. Removing, cutting or causing injury to any living trees within twenty-five (25) feet of any property line. 4. Clear cutting. 5. On subdividable acreage, removing, cutting or causing injury to living trees twelve (12) inches and over d.b.h. Local Law of 1990 page 4 B. Exceptions. Regulated trees may be removed as may be necessary. 1. To maintain town, county, state or utility right-of-way or to control forest fires by the public agency with appropriate jurisdiction. Two (2) weeks prior notification of tree removal and highway maintenance activities within the Town roads right-of-way should be given to the Conservation Board. 2. If the presence of the tree endangers the public, the person or the property of the owner or of an adjoining owner. 3. If the tree is dead. C. Standards for the granting of permits. The granting of a tree removal permit by the Building Inspector shall be based on the following criteria: 1. The presence of the tree causes hardship. 2. The tree is diseased, is in poor physical condition, or threatens the health of other trees. 3. The proximity of trees to existing or proposed improve- ments if located: a) within fifteen (15) feet of a foundation wall or in - ground swimming pool. b) within three (3) feet of a sidewalk or driveway. c) within ten (10) feet of leaching fields, other leaching devices, dry well, septic tank or other subsurface improvement. d) within five (5) feet of a driveway/roadway inter- section. e) within related residential improvements such as lawns and tennis courts. 4. The effect of the removal on the ecological systems, including the erosion potential of the property. Local Law of 1990 page 5 5. The effect of removal on the area as determined by accepted tree management practices, such as appropriate thinning to promote proper crown development (see Appendix B) and the maintenance or improvement in the mix of age and species of tree. 6. The effect of the removal on the property values and aesthetics of the neighborhood. 7. The effect of the removal on the solar access of existing or proposed structures on the property. D. Other Permits Deemed Tree Removal Permits. 1. Where tree removal is proposed in connection with any site plan or subdivision application submitted or to be submitted to the Planning Board for approval, trees shall be removed from the affected property only in conjunction with the final field inspection of the proposed subdivision and right-of-way as stipulated in Section A117-33 of the Land Subdivision Regulations. The Planning Board shall apply the same criteria and procedures set forth herein for tree permits granted by the Building Inspector. 2. Commercial District site plans approved by the Planning Board showing trees to be removed and trees to be preserved shall be deemed a tree removal permit for the removal of trees so designated. 3. Administrative permit granted under the Freshwater Wet- lands issued by the Building Inspector shall be deemed a tree removal permit for the removal of trees so designated. 4. Wetlands Activity Permit issued by the Water Control Commission shall be deemed a tree removal permit for the removal of trees explicitly designated to be removed on plans approved by the Water Control Commission for which a Wetlands Activity Permit has been issued. 5. Logging operations permits granted by the Town Board shall be deemed a tree removal permit. Local Law of 1990 page 6 Section V. Permit Application The applicant shall file three (3) copies of the tree removal permit application with the Zoning Administrator. The application shall include the following information: A. Name and address of applicant. B. Address and Town Tax Map designation of the property on which the tree(s) is/are located. C. Total land area of the parcel and total land area involved in cutting operations. D. The number, size and species of trees to be removed. E. The purpose of the tree removal. F. In the case of site plans and subdivisions, the tree survey shall be submitted to the Planning Board as a part of the site plan or subdivision construction plans. A survey of that section to be disturbed and the adjacent twenty-five (25) foot perimeter not to be disturbed showing the location of all trees regulated herein to an accuracy of one (1) foot, indicating those trees to be preserved. their species and their diameter. G. Where no subdivision or site plan is involved, the survey requirement may be eliminated and a simple sketch drawn by the applicant may be substituted for Subsection F above. This sketch should include the location of the trees requested for removal in relation to the property's benchmarks and other information as may be necessary. H. Any additional information as may be required by the approving agency. I. A permit shall be granted or denied within fifteen (15) business days after the receipt of all required information. Section VI. Conditions for Granting Permit The Zoning Administrator may, as a condition of granting a permit: A. Require the reasonable relocation of proposed foundation . - - --=- _ _ - ___...,,....--4-- L ocal Law of 1990 page i B. Regulate the days and hours of operation. C. Require a performance bond to insure compliance with this chapter. D., Require that each tree to be cut or removed has been marked. E. Require such safeguards and guidelines as -appropriate to minimize the environmental impact of such removal operations. When appropriate, requirements may include safeguards and guidelines as recommended in Standard 12 of the "Dutchess County: Best Management Practices for Construction Activities," and/or as recommended by the NYSDEC State Forester, environmental consultant, arborist or landscape architect. Section VII. Fees A tree removal permit application for tree removal shall be accompanied by a fee to be determined by the Town Board and set in the Fee Schedule except when the applicant is the Town of Wappinger, County of Dutchess, State of N.Y. or any Governmental Agency. `Section VII. Penalties for Offenses , Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an offense, which shall be punishable by a fine of not more than Two Hundred and Fifty ($250.00) Dollars for each and every regulated tree removed, cut down or damaged, by a direction of the Building Inspector directing a violator to replace any trees removed or damaged with new nursery stock trees, as specified by the Building Inspector in consultation with the Conservation Board and planted within a specified time and with a guarantee that said trees shall be maintained in a healthy living condition for a minimum of two (2) years, or by all of the above. Where such a direction is made, no building permit, certificate of occupancy or certificate of compliance shall be issued until such replacement has been completed. Section IX. Appeals Any applicant aggrieved or affected by the determination of the zoning Administrator shall have the right, within ten (10) days from the date of action by the Zoning Administrator to appeal to +-10 ?nrinr- Rnard of Anneals and shall state the reason for the J-J I-J - Q - Aj"'v Section X. Severability Should any paragraph, section or portion thereof of this chapter be declared by a court of competent jurisdiction to be invalid or unlawful, the same shall not affect the remainder of this chapter as a whole or any part thereof other than the part so .declared to be invalid. Section XI. Effective Date This chapter shall take effect immediately. Submitted by: Constance 0. Smith, Supervisor 6/18/90 Local Law of 1990 APPENDIX A PROTECTED TREES Protected trees identified as endangered, threatened► rare or vulnerable in the "New York Natural Heritage Programs: New York Rare Plant Status List►" February 1989► defined in regulation 6NYCRR part 193.3, New York State Environmental Conservation Law Section 9-1503 (Amended 5/22/89): Scientific Chamaecyparis thyoides Diospyro virginiana Gymnocladus diocus Malus glaucesen Pinus enchinata Pinus virginiana Populas heterophylla Quercus marilandica Quercus phellos Locally designated protected trees: Scientific Castanea dentata Juglans nigra Ulmus american Common Name Atlantic White Cedar (R) Persimmon (R) Kentucky Coffee Tree (R) American Crab (R) Shortleaf Pine Virginia Pine (E) Swamp Cottonwood (T) Blackjack Oak (R) Willow Oak (E) Common Name American Chestnut (6 or more inches d.b.h.) Black Walnut (6 or more inches d.b.h.) American Elm Local Law 1990 APPENDIX B TREE SPACING DETERMINATION Space between dominant trees can be.determined by averaging their d.b.h. and adding six (6), the resultant being the advisable space in feet. For example, a twelve inch (12) d.b.h. tree and a twenty-two (22) inches d.b.h. tree should be twenty three (23) feet apart. Tree A: 12 d.b.h. Tree B: 22 d.b.h. Sum 34 Average 34/2 = 17 Add + 6 Distance Apart: 23 feet A Public Hearing was held by the Town Board of the Town of Wappinger on June 25th, 1990, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Zoning Amendment to the Zoning Ordinance on Section 477.5, Emergency Vehicle Access. Supervisor Smith opened the Hearing at 6:45 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 The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). It was explained that the amendment consisted of a change of two words, i.e. "Driveways and access roads shall be so designed as to provide Fire Department apparatus access to within a distance of 150 feet or less ---, the Ordinance as adopted previously said "or more" and the Fire Inspector said it changed the meaning. The Dutchess County Department of Planning forwarded a standard form indicating that it was a matter of local concern and the Town Planning Board recommended approval of the Amendment. There were no comments from the public either for or against the proposed Amendment to the Zoning Ordinance. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Fanuele and unanimously carried. The Hearing closed at 6:50 P.M. �U� 0 att"iCL Elaine H. Snowden Town Clerk Sou there 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, PLEASE TAKE NOTICE that the Town Board of the Town of Wan being duly sworn, says that he is, and at the several Inger will conduct a Public Hearing on Monday, June 251h,1990 at 8:45 p�m. at the Tam Hap, 20 Middlebush Road W ,I rsFalls,NowYork, times hereinafter was, the ..... BQQ eepez••••• fooonaider ar, ,diny,ce Amendi the Zoning Ordinance g ioTown a4 .5c5. of the SOUTHERN DUTCHESS NEWS, a Wappl i, Emergency ehicle Access, as follows: i•,;� by ou�lco "vn oof- newspaper printed and published every Wednesday who BE1TRESOWED ND ORDAIN- in the Town of Wappinger, Dutchess County, New ED by the Town Board of the Town of Wappinger , mi,�' -" -g o�• York, and that the annexed NOTICE was duly MV Of the 1 own of Weppi^9err,, du�y adopted on the 10th day of March, 1980- and as published in the said newspaper for .one,,,weeks amended from time to dma b further amended as follows` successively in each week, commencing on the i Section i s Sectio^ 4T7.51sfurther 1. amended as follows: Vehicle 13th 477.5 Emergency; J 19 9 0 and on the iAccess% ........... day of .............une ...... Orlvewaya and access roads fI shall be so designed as to pasio following dates thereafter, namely on w thin a dpa stance o 150 feet or less of the structure k may be called upon ioprotect and they shall meet the r............•.................................................... I fol tbn�uThis eOrd!news shall a n0 arid ending on the .13th day of .....June take enact in,medlatey pon poste ......... Iand publication _ as prescribed by Seco nded Lsb Secoedy: Councilwomen 19.9.0. both days inclusive. S Visconti ._ Roll Call Voter 5 Ayes 0 Nets Q1A ��Q/�Resolution DulyAdopted Mey 29, ar i 1990 BY ORDER OFTHE TOWN BOARD ELAINE H. SNOWDEN ......................................... TOWN CLERK TOWN OF WAPPINOER DATED: June 8, 1090' Subscribed and sworn to before me this , 13th.... day of ........ June 990 ..............A :. Notary Public My commission expires ................................. . RACHEL WISHART NOTARY PUOLIC, STATE Of NEW YORK QUALIFIED IN DUTCHESS COUNTY 1914-4855902 COMMISSION EXPIRES MARCH 31, 191 � � S M 3j �15 - �Y irxe y r� fi kyY TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON AN AMENDENT TO THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER, SECTION 477.5, EMERGENCY VEHICLE ACCESS STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 12, 1990, your deponent posted a copy of the attached notice of Public Hearing on an Amendment to the Zoning Ordinance , Section 477.5, Emergency Vehicle . Access, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me day of 1990. NOTARY C jo.LOT MMy"M POI we 4040 OINMaNNaa "ka A" ..L A Public Hearing was held by the Town Board of the Town of Wappinger on June 25th, 1990, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Amendment to the Zoning Ordinance, Section 413.5, Swimming Pools. Supervisor Smith opened the Hearing at 6:51 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 Affidavit 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 the State has lowered the requirements for fencing around swimming pools and it is the consensus of opinion that this action will be overturned. The Town, therefore, wants to upgrade their requirements at this time for safety reasons and in the event the State reverses their decision, the Town's requirements will be in place. The Dutchess County Planning Board forwarded their opinion that this is a local concern and the Town Planning Board recommended approval. There were no comments made either for or against the proposed Amendment to the Zoning Ordinance. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Hearing closed at 6:58 P.M. VCit a �1� � � Snowden d�. Ea ne H. Town Clerk Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, r PLEASE TAKE NOTICE thatthe 1:-. r wll/aoonduct the. PubT. tic Hearinno-gg County Of Dutchess, on Monday, June 25th.1990 at Lid p.m., of the Town Hall, 20 dlebuah Road, Wappingere Fells, Town of Wappinger. • New York, to coni an Ordinance Amending the Zoning Ordinance of It'. Town of Wappin�er regarding ,Section 413.5 Swlmm ng Pools, as ;follows: Elisabeth Inacker ............ of the The followin Resolution was of , , , , , , , , , , , , , , , , , , , , , , WOMAN VISCONTI who moved Its adoption: An amendment to the Zoning Or Town of Wappinger, Dutchess County, New York, dinance of the Town of WspP neer for the Purpose of amendsnnqq Section 413.5 < entitled SWIMMING;' being duly sworn, says that he is, and at the several E E IT R town Board D ORDAIN- ED the Drd times hereinafter was, the ..... BQQkkeePer..... of the Town of WaPPin ring Ordinance o the cr ,nofWaa 10, rr,d aand as � . of the SOUTHERN DUTCHESS NEWS, a from time to time is further amend ed as follows:newspaper printed and published every Wednesday SECTION 413.5 SWIMMING Pools f including ac- in the Town of Wappinger, Dutchess County, New A swimming poo, ceeaoryry equipment, shall be con- eq on- sidered a structure and shall be set back from lot lines at least the York, and that the annexed NOTICE was duly minimum rryydistancee required for aq, a�4 3.51bAdswlmminIn g pool. o equipment, mIrk uat published in the said newspaper for .one ... weeks cluding accessory be completely surrounded by a forme e enaclosure �� be a b� �,i wall successively in each week, commencing on the height, have a maximum clearance day of re '"� shat and 13th June 90 ... ;...... 1 ..... and on the the Passage of a 2 inch or sphere. such enclosure sheN reeler following dates thereafter, namelyon a horizonfail torte of 5o pounds per foot applied at a hel9ht of 4 feet ,i Structural brecing sh be within the ', ...............................•. ................................ . enclosure. Gates or doors shell be self ticalng and self -latching with the latch har eatleaol4oln�esabove and ending on the .13th day of .....June grade or located within the ..... ..... enclosure. Above ground pools with atleast 48pIncoolhes top and between 19.9.0. both days inclusive. dockingrade, are exempt from this require- ment provided that access is restricted. A pool less than 24 inches deep is exempt from this require ment.` A wall or fence or other; i/J ..................... enclosure wholly enclosing a dwell-; In gg house shall constitute com- plianco with thieslerectq��u� Hlterelrement. * , 13.52 AN or cher electrical outlets i shall lightsmost the requirements of the Subscribed and sworn to before me National Electrical Code pertaining oto swimmingp Pools• 13th June 1 9 0 umlediate as upon post by this day of rt... Immediate) u on posting and 2. This Or finance shelf take effect Prescribedy Town Seconded by: Councilman Valdatl ' �f'. Y� ...... Roil Calf Vote: 5 Ayes o Na Notary Public Resolution Duly Adopted N%y,?9,. B9Y�ORDER OF THE TOWN BOARD ELAINE TOWN CLERK TOWN OF WAPPINGER Dated: June 8, 19890 My commission expires ................................. RACHEL WISHART NOTARY PUQLIC, STATE OF NEW YORK QUALIFIED IN DUTCHESS COUNTY N 14-4855902 COMMISSION EXPIRES MARCH 31, 19.�" r 9a q_ 'tidt4�' �, zy�•v t�C { L LC � ry+ � kYJ I- • *d . �. TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER, SECTION 413.5, SWIMMING POOLS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, Dutchess County, and State of New York. That on June 12, 1990, your deponent posted a copy of the attached notice of Public Hearing on an Amendment to the Zoninjg Ordinance, Section 413.5 Swimming Pools, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. Q�"� 'S Elaine H. Snowden Town Clerk Town.of Wappinger Sworn tq,before me this'`�� �BLIC OftN" ft- -- Q/� OO�I 1wis R+ "M AOM , 4-r A Public Hearing was held by the Town Board of the Town of Wappinger on June 25th, 1990, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York in the Matter of a Proposed Water Improvement to be known as Wappinger-Cranberry Water Improvement Area. Supervisor Smith opened the Hearing at 7:00 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mrs. Smith asked for comments or questions from the public on this proposed Water Improvement Area, however there were no comments either for or against this proposal. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Public Hearing closed at 7:03 P.M. &' (-� S"g, Elaine H. Snowden Town Clerk Cranberry Water Improvement Area �) u t c h e s s News S O u t,lor Its u !vidad interest in such com- ppo0nenta and the remainlrrg eosl f be allocated to the Nortah I water District and lha Myers Cornea 297-3723 11 Water District, a any successor r successors thereto; end 84 WHEREAS, said allocable cost' ET — WAPPINGERS FALLS shelf be authorized to be financed by the Issuance by the Town o1 Wapp- ORK - 12590 Inge, of Ils serial bonds with a max - mum maturity not in excess of the period . prescribed , by .the Local Finance Law ,and =,:1s ........., , WHEREAS, Bald allocable cost ie not greater Ihan one-lenm or one per centum of the lull valuation of taxable real property In the area of the Town" of Wappinger outside of any villages; and ,.,..• - • 1 WHEREAS, it Is proposed that the cost of the aforesaid Improvements e shall be borne by the real property In said Wappinger-Cranberry Water IMP Area by assessing. la vrn9 Upon and ebllecting from the several -lots -and, parcels 01, land` j r'•:: ;,q t+:7::".•''within 1iuch Water., Improvement t NOTICE OF ADOPTION OF ORDER Area ouulds of any vlltage which r CALLING FOR PUBLIC FARING .% the Town Bond shelf determine anbdy I t r' '? lhi ImplroJsmensnt in mount sulk. PLEASE . PLEASE TAKE THAT cont to pay the Principal and Interest .'� ;THE Town'Bmd of the Town or ?ig„ 5erlal bonds and bond anticlpa .Wappinger, Dutchess County, New..., tion ,Iotas Issued In anlloi 11on of York, has, do the 29th day of May, ,; baua,ue of serial bonds, as the . 1990,, duly.. adopted ..the Orders acme becorr!e due end payable; and published herewith calling a public _..:.WHEREAS, the -aforesaid •Im- ! hearing. piovsments have been determined Dated: Wappingers ralis, New York:.. to be an Unlisted Action pursuant to. June ,1, 1990Elslne H. Snowden ... the regulations of the New York State Town Clerk • r.-' ' ''' " Department of Environmental Con- , :'Ata regular meeting of the Town �' servatlon promulgated pursuant.to' I Board of the Town of Wappinger, "the State : Environmental Ouality Dutchess County, New York, held at Review Act, the Implementation of '.Ihe Town Hall, 20 Mlddiebush Road; r which as proposed, the Town Board ; In Wappingers Fells, New York, in: has determined will not result In any ,! said Town, on the 29th day of May.;_ • signilicant,: environmental; effects; be 1990, at 7:30 b'cloek f .M:; prevail i and Ing time. 'WHEREAS, it is now, desired to R ,.r�.•....,:. P ESENTc r a; . �' r' a public hearing for the purpose CONSTANCE O. SMITH '-! ; • r I • of considering said plan, report and , Supervisor: r map and to hear all persona in- VICTOR FANUELE R51�li terested In the subject thereof con '•� Con accordance uncilman r7 •. • wi h the grouts ionthe s olall lSeclbn 209•q JOSEPH INCORONAT of the ,Town Law; NOW, . Councilman THEREFORE, BE IT ROBERT VALDATI Concilman ORDERED, by the Town Board of u JUNE VISCONTI ;, l i : f.; ); :;.- the Town of Wappinger, Dutchess I Councilman County, New York, as Ionafollows: " • - i �..:.', . Seelbn 1. A public meeting of the I; +" :.tr.ln the Meller of town Board of the Town of Wapp- Inger, Dutchesa County, New York, a Proposed Water Improvement in :,shall be. held at the Town Hall, 20 the Town of Wappinger; Dutchess Middlebush Road.. In Wappingers County, New York, Pursuant to Arti- Falb, New York, in said Town, on the cle 12-C of the Town Law, to be 25th day of June., 1990; at,7:00 known -as Wappinger-Cranberry " ' o'clock P.M., Prevailing Time, to bon, - Water Improvement or-Cranberry i;: ;:'aider the aforesaid plan, teport and map and to hear all persons 111- ORDER o-ORDER CALLING ` forested In the subject thereof con• PUBLIC HEARING.,: coming the same and to take such ' action thereon as Is required by law. i map, repoit and -Section 2• The Towri Clerk ie WHEREAS, plan have been dulyprepared in hereby authorized and directed to i such manner and In such delall as cause a copy of this Order to be i has heretofore been determined -by ,,,published once In The Southern Dut- the Town Board of the Town of Wap- chose Nowa, and also to post a copy pinger, Dutchess County, New Yak, thereof on the town signboard main• relating to the acquisition of certain ' Joined by the Town Clerk, nes less water source supply cmponenb to than ton (10) nes more then twenty Serve a benefitted area M said Town " �) da before the day da%ated io be known as Wapping-,; ;; Sa the G� as alaasaW, all In Sc. I Cranberry Water Improvement Area ogrdanee with thoprovisions of See- I whose boundaries shall consist of lion 209 q of the Town Law. the areas , Currently , within, the Section 3• This Order shall lake of- i Cranberry Hill Water Improvement feet immediately Area and the Central Wappinger SOUNOARY DESCRIPTION Water improvement Area, as more ;•� PROPOSED WAPPINGER-,, July shown upon a map on file Irrtrts ' . CRANBERRY WATER , , office of the Town Clerk, which map •; • y IMPROVEMENT AREA. ; t '. . Is available for inspection by any pea, • ( The Proposed . Wappinger• t son or persons Interested In same f •Cranberry Water Improvement Area durk!g regular office hours at said of ; shall be bounded by and comprised Ilse; and of the same properties. as. in the i WHEREAS, said map, plan andpre sanity existing centralWappinger report were prepared by a competent' •, aler improvement Area and the 1 engineer, duly licensed by the State . • p ently existing Cranberry Hillsof New York and have been filed in Water improvement Area. Saki ex• the office of the Town Clerk of said T lsting Improvement Areas (Central ,Town, where the $sale are available ; j, Wappinger and Cranberry Hills) have I during regular butte hours for ex- • been.duly adopted by Resolution of aralnallon byy an.r person or persons . s'the Town of Wa pin er with Is at Interested In Ute subject,. matter ! I boundary descriptions On file In Ihs office of the Clerk of the Town of 'thereof; and •";" "'' - ' I WHEREAS, the capital l•Im=.Q H►appinger.;..: ;,c•. provemants proposed to be acquired .F oonneclbn w!th the establishment of the Wappinger-Cranberry Water Improvement Area of the Town of - Wappinger are water source supply 'components comprised Df four potable water valves of the gravel Mtype, pumps, lank house, pump house. hydropr!eumatio lank, electric controls, pressure gauges and torr trot generates. qnd anal the existing 12 -Inch asbestos cement water l main, to be purchased from the pre- ' sent owner, Atlas Water Company at a maximum estimated cost of 5525,000 of which $467,093.13 is allocable to the Wappinger- t ( 7 i 4 1. �� <. +� +•�'� �: 1 2• i !..res!, 1'r 1 r 1 ' k k t I ` t • 1 r"�i! r '' • F t , l}i��e j r7 v r V. }• r t AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Elisabeth Inacker of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ..$pQklcPR.PeX ........ 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 SPP ... weeks successively in each week, commencing on the ....fith. day of .... JutzPA....... 199.Q. and on the following dates thereafter, namely on ................................................................. and ending on the ..... h..... day of JVIRI ...... 19.9.Q both days inclusive. Subscribed and sworn to before me this .JIth... day of ...... ..... 18.90 .............. Notary Public My commission expires ................................. n r { 7 1i�. A l 4 1. �� <. +� +•�'� �: 1 2• i !..res!, 1'r 1 r 1 ' k k t '' • F t ; l}i��e j r7 v r V. RACHEL WISHART NOTARY P11I! IC. STATE OF NEW YORK OU°+LI lEi- l-'.: ;: COUNTY is • ;v:rii:7J� COMMISSION EXPIRES MARCH 31,19.,._ , r 1 2• i A Public Hearing was held by the Town Board of the Town of Wappinger on June 25th, 1990 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, in the Matter of the Increase and Improvement of Facilities of Myers Corners II Water District, 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 Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mrs. Smith asked for comments from the public regarding this action, however, no one had either comments or questions. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Hearing closed at 7:16 P.M. Elaine H. Snowden Town Clerk ✓u"r -, v, Iiiv 1990, at 7:30 o'clock P.M.. Prevail -'pose conducting a public hearing (t S h e S News 11 9 Time. upa on a certain map, plan and report L PRESENT: including an estimate of cost in rela- CONSTANCE O. SMITH tion to the proposed increase and Supervisor ` i rovement of the facilities of Myers 'VICTOR FANUELE Corners 11 Water District within the 3Councilman Town of Wappinger, Dutchess Cour, JOSEPH INCORONATO ty, New York, consisting of water • PPINGERS FALLS Councilman source supply components compris- n ROBERT VALDATI ad of four potable water valves of the ��59`no Councilman gravel pack , type,' pumps, -tank JUNE VISCONTI house, pump house. Councilman hydropneumatic tank, electric con In the Matter of • • trots, pressure gauges and controls The Increase and Improvement of generator,.. land,: and., the. existing Facilities of Myers Corners II Water . ,. —12 -inch -asbestos :cerrfenk, water District in the Town of Wappinger, . ,. maln; to be purchai,ed from the pte• . i Dutchess County, New York _ sent owner, Ades Water company at "a maximum • estimated cost of ORDER CALLING -:,$525,000 of. which $8,349.46 Is A PUBLIC HEARING affocable to the Myers Comers 11 Water District for its undivided in - WHEREAS, tfie Town Board of the ' terest in such components and the . =Town of Wappinger, Dutchess Coun. remaining cost fs to be allocated to ` ty, New York, has duly caused to be the Wa m er Cranberrywafer Im AFFIDAVIT OF PUBLICATION prepared a map, plan, report and 'provement Area and the North Wap estimate of cost relating to the in pinger Water District, or any suc- - Icrease and improvement of Myers ; cessoror successors thereto: .The Comers It Water District within said ,� proposed method of financing said Town, consisting of,,water source I.. Myers Comers - 11 • Water District's "I supply components .comprised of -share of the cost of the purchase of State Of New York r•four potable :water,valves ,of the"" said' water • source 'supply" corn- '' gravel pack, type,�pumps, tank :.:'portents from the Atlas Water Com - Ouse, `-_..: Pump --:' house,-;;pany is by the Issuance of obligations . County Of Dutchess hydropneumatic tank, electric con- ' , of the Town of Wappiriger. -: r--• - Irols, pressure gauges and controls ;--The project has been determined .; ,generator, land; , and the existing ' to be an Unlisted Action for purposes -12-inch"-asbestos cement water of the State Environmental Quality Town Of Wappinger. main, to be purchased from the pre- >- Review Act which, as proposed, the sent owner, Atlas Water Company at "Town Board has determined will not a maximum estimated cost of result in any significant environmen- '$525,000 of which $8.349.46 is ., let effects.:. ; - Of the y p o i Elisabeth Inacker allocable to the Myers Corners II � - At said public hearing said Town Water District for its undivided in- .;;Board will hearall """ """"" "•.•.......,,• parsons interested -; � - terest in such components and the in the subject matter thereof. - remaining cost is to be allocated to ' Dated: Wappingers Falls, New York, : .Town of Wappinger, Dutchess County, New York, the Wappinger-Cranberry Water lm- June 1, 1990 ! - 1 + provement Area and the North Wap Y ORDER OF THE TOWN BOARD pinger; Water. District,, or ,any S.C. THE TOWN OF WAPPINGER cessor or successors thereto and the . DUTCHESS COUNTY, NEW YORK . _ being duly Sworn, says that he is, and at the several method of financing said Myers Cor- -J s c , _ By Elaine H.)Snowden' ^1 ners 11 Water District's share of the Town Clerk Bookkeet�er cost of the purchase of said water Section 4. This Order shall take of ,Imes hereinafter was, the ..................C........... source supply components from the 1;; fact Immedialely. The question of the Atlas Water Company Is by the is- adoption of the foregoing Order was suance of obligations of the Town of duly put to a vote on roll call, which Of the SOUTHERN DUTCHESS NEWS, a Wappinger; and ,;resulted as follows:.-.;:" ' r WHEREAS, ' the ' aforesaid' Im- Supervisor C. Smith Votin A e provements have been determined • : Councilman V., Fanuele °vol ng ewspaper printed and published every Wednesday to be an Unlisted Action pursuant to Aye,1 , - • I . i the regulations of the New York State CouncilmaJ: Incoronato Voting Department of Environmental Con- Aye in the Town of Wappinger, Dutchess County, New servation promulgated pursuant to Councilman R. Valdati Voting Aye l the State Environmental Quality Councilwoman J. Visconti Voting York and that the annexed NOTICE was duly Review Act, the implementation of Aye , which asproposed,the Town Board .The Order was thereupon• _ i has determined will not result in any declared duly adopted. weeks :significant environmegqtal effects,,- published in the said newspaper for and .. - .. ? WHEREAS, it is now desired to call a public hearing on the question : successively in each week, commencing on the of the increase and improvement of the facilities of Myers Corners 11 + 19 and on the Water District in the matter describ- .. ..6th... day of ..,lune ......... t9.0. ed above, and to hear all persons in- terested in the subject thereof, con- , cerning the same, in accordance ' following dates thereafter, namely on with the provisions of Section 202•b of the Town Law; NOW, THEREFORE, IT IS HEREBY................................................................. ORDERED, by the town Board of the Town of Wappinger, Dutchess County, New York, as follows: and ending on the ..6.t.b ...... day of ..JuIAP .... Section 1. A public hearing will be held a1 the Town Hall, 0 Middlebush -Road, in Wappingers Falls, New 19.90 both days inclusive. York, in said Town, on the 25th day • of June; 1990, at 7:15 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Myers Corners II Water District within the Town of Wapp- ...... • • • .. """"• """ • • " Inger, Dutchess County New York in the manner described in the preambles hereof, and to hear all persons interested in the subject Ihereof, concerning the same, and to take such action thereon,as is re Subscribed and sworn to before me quired or authorized by law. n ',Section 2. The Town Clerk is T 1 .9 0 hereby authorized and directed to this ...11th... day of ......uUIY.... ... cause a copy of the Notice of Public Hearing hereinafter provided to be published once in Southern Dut- ; : chess News, the newspaper hereby , designated as the official newspaper Notary Public for this purpose, and also to cause r Ta copy thereof to be posted on the .I , • signboard'.of r the Town, such PLEASE TAKE NOTICE that the publication and posting to be made Town Board of the Town of Wapp• ' not less than ten; nor more than inger, Dutchess County, New York, twenty, days before the date has, on the 29th day of May, 1990, designated for the hearing. My commission expires ................................. duly adopted the Order published ; -'. Section 3. The notice of public herewith calling a public hearing. • hearing shall be in substantially the Dated: Wappingers Falls, New York following form: RACHEL WISHART June 1, 1990Elaine H. Snowden : NOTICE OF PUBLIC HEARING NOTARY PUBLIC, STATE OF NEW YORK Town Clerk NOTICE IS HEREBY GIVEN that DUTCHESS COUNTY At a regular meeting of the Town ' the Town Board of the Town of Wap- OUAUFIEO IN DL f CHET ew York. Board of the Town of Wappinger, will meet at the Town nger. Dutchess Hall 0 Mid- i 1,4435Z,902 Dutchess Courtly, New York, held at dlebush Road, in Wappingers Falls, COMMISSION EXPIRES MARCH 31, 1� the Town Hall, F lis, N bush Road, New York, in said Town, on the 25th sWappingers Falls, New York, in day of June, 190, at 7:15 o'clock said Town, on the 29th day of May, P.M., Prevailing Time, for the pur- E ' {