1990-03-26 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MARCH 26, 1990
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. Feb. 26, 1990
4. REPORTS OF OFFICERS: Town Justices Town Justices Annual Bldg. Insp.
Receiver,of Taxes, DEc. & Jan. Hydrant Sup/Compt. Dog Control offi
5. PETITIONS & COMMUNICATIONS
a. Frank Montegari: Request to change name of Van Voorhis Terrace
b. Notice of intent to renew Liquor Licenses from R. Plimley,
Amerleaf Vineyards; and, G.F. Kubista, B & G Deli
c. Resignation of Stella Dlhosh, member of Board of Assessment Review
d. Application from Charles Balash, Jr. for Hawking & Peddling License
e. H. Levenson, Zng. Adm., requests refund of ZBA fee to Christine
Antonicelli
f. Request by K.'Gordon for return of $120.00 Road Opening Bond ('88)
g. Request of Dr. Rita Jaeger for return of $5,000 escrow deposit, w/
recommendation from H. Levenson
h. Request by Anthony Viverito to become tenant to CWWIA for water hoo
i. Request from M. Liebermann & T. Classey to attend Hudson Valley Cod
Enforcement Officials Conference 4/30 thru 5/2
j. M. Liebermann, Fire Insp. request amendment(adjustment) to Zoning
Ordinance Section 477 - Driveway
k. T. Classey, requests matter of Supreme Ct., Appellate Div. decision
on requirements for Fencing Swimming Pools be discussed
1. T. Classey, re: Hiring an Assistant Bldg. Insp.
m. J. Paggi, Jr., P.E., Eng to Twn; Reports: (1) Fairchild Semi-
conductor Corp. Water testing (2) Drainage Projects
n. City PK & Twn PK SEQRA Intermunicipal Water Supply Agreement -
Notice to interested Agencies
o. Tri -Municipal - Scoping Documents - T/W Expansion, Notice to
Interested and involved Agencies
p. Notices from Town of Wappinger Ping. Bd. of intent to become lead
Agency for Bradford Company and Smithtown Plaza projects
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. r-Approve--L-ittl.e.-league-*Cont'r'aift-*&"Authorize Supervisor r6 `8 gn
b. —Approve--•Soccer,,Contract•... and -Authorize Supervisor to --Sign-•-.
c. Resolution re: Town Accepting Personal Checks
d. Accept Highway Bids fo Rd. Aggregates & Bit. Concrete & Trucks
f\�1Ce PaA k G, V, 3+,
tM�ENF-
8. UNFINISHED BUSINESS
a. M — Liebermann, Fire Insp. report on Vacant Bldg. at corner of
Rte 9D and Middlebush Rd.
b. Supt: re -:-main enance-"of• Bldg. 1nsp. 'Town"Veh cle
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c. Wayne-Barr-inger•-,,-re.:--Drainage-p roblem•-behind'his'trouse-;-.S.-Edgehill..
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9. NEW BUSINESSCL
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10. ADJOURNMENT �4 a
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61
The Regular Meeting of the Town Board of the Town of Wappinger was
held on March 26, 1990, at the Town Hall, 20 Middlebush Road, Town
of Wappinger, Dutchess County, New York.
Supervisor Smith opened the Meeting at 7:30 P.m.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Albert Roberts, Attorney
Joseph E. Paggi, Jr., Engineer
Graham Foster, Highway Superintendent
Herbert Levenson, Zoning Administrator
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
The Minutes of the Regular Meeting of February 26, 1990, having been
forwarded to the Board Members for their review, were placed before
them for their consideration.
MRS. VISCONTI moved that the Minutes of the February 26th, 1990 Meeting
be and they are hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Reports were received from the Town Justices, Building Inspector and
Hydrant Report for February, Town Justices Annual Report, Receiver of
Taxes, December and January, Supervisor/Comptroller, January, Dog
Control Officer for January and February.
MRS. VISCONTI moved to accept the above stated Reports and place them
on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mr. Incoronato commented that he would like to do away with the
Hydrant Report and instead, have the Highway Superintendent prepare
a monthly report itemizing the work accomplished by his department,
such as amount of footage paved, drains flushed, drainage projects,
and other functions that serve the residents.
MR. INCORONATO moved that the Highway Superintendent dispense with
the Hydrant Report and institute a monthly Highway Department Report
on the specific work done by the department during that period of time.
Seconded by Mrs. Smith Motion Unanimously Carried
62
At the last meeting the Town Justice Annual Report was tabled for
a work shop discussion since the Board was unfamiliar with the
report presented and had questions on it. The Board las accepted it
but still prefer to have a discussion on it and it will be on the
May 14, 1990 Agenda Work Shop.
Petitions & Communications ---
A request was received from Frank Montegari, Van Voorhis Terrace,
to change the name to Pine Ridge Drive which, he said, would provide
continuity of Pine Ridge Drive from Hopewell Road to its end near
Theresa Boulevard; he enclosed a map to exhibit his point. Some time
ago this came before the Town Board and they agreed that it should be
done, but for some reason it was never followed through.
The Board Members concurred with Mr. Montegari, however, the opinion
of the other residents on that road should be considered, they felt
and Mrs. Smith said she would contact these homeowners for their pros
and cons on such a change.
MRS. SMITH moved to table action on this request pending response
from the involved residents following notification from the Town _
of the proposed change.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Notices of Intent to renew Liquor Licenses were received from
Amberleaf Vineyards, River Road North, and B&G Deli, New Hackensack
Road, in the Town of Wappinger.
MR. VALDATI moved to accept the Notifications and place them on file
with no comment.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A resignation was received from Stella Dlhosh, member of the Board
of Assessment Review for several years.
MRS. VISCONTI moved to accept the resignation from Mrs. Dlhosh and
write a letter of appreciation to her for her services to the Town.
Seconded by Mr. Fanuele
Motion Unanimously Carried
A vacancy now existed on the Board of Assessment Review and the matter
was placed before the Board for their consideration of an appointment
to this Board.
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The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption:
RESOLVED, that Jerome E. Cauda be and he is hereby appointed
to the Town of Wappinger Board of Assessment Review to fill the
vacancy created by the resignation of Stella Dlhosh and,
BE IT FURTHER RESOLVED, that Jerome E. Cauda shall serve as
a member of the Board of Assessment Review for a term that shall
expire September 30, 1992.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
An application was received from Charles Balash, Jr. for a Hawking
and Peddling License to sell hot dogs in the Town of Wappinger.
The Zoning Administrator forwarded his recommendation to deny this
License due to 1. The vehicle has to be moved every half hour, 1,000 yards,
2. NYS V&T Law forbids vending on state roads, and 3. Vending on any
roadway is a hazard when you have a stopping operation on the shoulder
of the road.
Mrs. Visconti was in favor of granting this license and asked the
Zoning Administrator why he forwarded his recommendation and was told
that he always did. Mr. Levenson noted that there was a problem with
enforcing the requirement to move the vehicle. A discussion followed
regarding the number of peddlers in the Town and the Town Clerk pointed
out there are a few licenses issued and they seem to come and go but
the few that are around do not cause any problems. Mrs. Visconti felt
that if the number increases too much, then they should do something
about it.
MRS. VISCONTI moved to approve a Peddlers License for Charles Balash, Jr.
to sell hot dogs in the Town of Wappinger.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A request was received from the Zoning Administrator to refund a
$35.00 Zoning Board of Appeals Fee, erroneously levied, to Christine
Antonicelli.
MRS. SMITH moved to reimburse Christine Antonicelli $35.00 ZBA fee
at the recommendation of the Zoning Administrator.
Seconded by Mr. Incoronato
Motion Unanimously Carried
64
A request was received from Kermit Enterprises for the return of
their $120.00 Road Opening Bond post in 1988; the Highway Superintendent
recommended return of the Bond since the work has been completed satis-
factorily.
MRS. VISCONTI moved to return the Road Opening Bond in the amount of
$120.00 to Kermit Enterprises, at the recommendation of the Highway
Superintendent.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A second request from the Zoning Administrator was for the return of
$5,000 escrow to Dxs. Jaeger and Chan, for landscaping, submission of
as -built drawings and striping of parking lot.
MR. FANUELE moved to return the $5,000 escrow to Drs. Jaeger & Chan,
at the recommendation of the Zoning Administrator.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Mr. & Mrs. Anthony Viverito petitioned the Town Board for a hookup
to Central Wappinger Water Improvement Area since they have been unable
to acquire Health Department approval for building because of insuf-
ficient distance between well and septic. The officials at the Health
Department indicated that they would give them approval if they could
obtain a connection to the Town water facilities, as a tenant, since
the property is not within the Area boundaries.
Mr. Paggi had researched and determined that the property was not in
the district, but adjacent to the boundaries and the parcel has access
to the water line via Sherwood Heights; he did not foresee any problem
to allowing this hookup.
MRS. VISCONTI moved to allow Mr.& Mrs. Viverito to hook into the Central
Wappinger Water Improvement Area conditional upon their compliance with
the Town Tenant Policy, based on the recommendation of the Engineer.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mark Liebermann, Fire Inspector and Tim Classey, Building Inspector
requested permission to attend the Hudson Valley Code Enforcement
Officials Conference in Poughkeepsie on April 30, May lst and 2nd, 1990,
at a cost of $130.00 each and will count as six hours of the required
twenty-four hours required to maintain certification.
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MR. VALDATI moved to allow the Fire Inspector and the Building Inspector
to attend the Conference, as requested, and all legitimate expenses will
be a Town charge.
Seconded by Mr. Incoronato
Mr. Liebermann wrote to the Board regarding an adjustment to Section
477 Driveway, of the Zoning Ordinance which was previously requested
but never followed through. He asked that the Board consider this
adjustment, since as it is presently worded, it defeats the intent of
the Ordinance.
Mrs. Smith tabled the matter pending further discussion and referral
to the Attorney.
On another request of similar nature Mr. Classey, Building Inspector,
asked for discussion re matter of Supreme Court decision on requirements
for fencing swimming pools.
Mrs. Smith tabled consideration of this matter and referred it to the
Attorney.
Mr. Classey wrote a Memo to the Town Board regarding the need for
an Assistant Building Inspector.
Mrs. Visconti wanted to table this issue until budget time since they
had already discussed it, but Mr. Fanuele thought they should either
approve it or deny it. Mrs. Visconti went along with that and changed
her motion to deny it, seconded by Mr. Valdati, but during the discussion
that followed, they agreed they should discuss this with Mr. Classey
another time before taking action to deny this request.
MRS. VISCONTI moved to table action pending a work shop discussion on
May 14, 1990.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mr. Classey asked to speak and objected to the date they set for
discussion on giving him additional help; that's nearly two months
away and he's swamped now and will be in trouble --he's falling behind.
At the last discussion he was asked to submit documentation on his
work load which is in front of them now, so what more can he do, the
matter should be addressed now before the season really starts. The
date for the work shop was left at May 14th since all previous ones
were filled.
M. -
Reports received from the Engineer included a follow-up on the
water testing of properties adjacent to the Fairchild Semiconductor
Corp. The results showed contamination in one of the wells, however
when it was retested, there was no trace of it. He advised the Board
that this is usually the case in testing and it has to be redone up
to possibly four tests to make sure it is accurate. The Health
Department should be notified by the Town to please follow-up with an
additional two or three tests. The Supervisor agreed to contact the
Health Department, as recommended by the Engineer.
The second report referenced Drainage Projects and each project was
listed stating the cause, status and projected cost. Mr. Fanuele
asked if he could assume that the ones with no projected costs were
being handled by the Highway Department and Mr. Paggi said that was
correct. It appears that the Board has been brought up to date on all
drainage concerns.
Richard Tallman, 22 Roberts Road, was recognized by the Chair and
brought up the fact that at the January Meeting he brought up a drainage
problem at the Town recreation area at Spook Hill Road and Roberts Road
and asked the status of this. The Engineer reported that he had
inspected this area and noted that the area is very flat and in heavy
rains, the water just sits there as it cannot reach the natural drainage
to the stream south of the property. It would be virtually impossible
to get the proper grade unless there was a large amount of fill placed
on the recreation land itself. He added that this problem does not seem
to exist in the warmer months, only in the winter months, but Mr. Tallman
claimed that everytime there is a heavy summer rain there's a problem; if
we're going to spend money on mosquito spraying they'll have to concentrate
on the pond that exists there in the spring and summer months. It was
agreed, at the suggestion of the Supervisor, that the Engineer and the
Highway Superintendent would make another inspection and report back
to the Board. In response to Mrs. Smith's query on the Highway getting
fill for that area, the Highway Superintendent said they would not have
suitable fill, they would have to buy it. Mr. Tallman did not want to
be notified of their determination, he would attend the next meeting for
the available information on his concern.
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Notification was received from the City and Town of Poughkeepsie
on an Intermunicipal Water Supply Agreement to interested and involved
agencies. The Engineer explained, after his brief review of the matter,
that it appears to be indication of joint lead agency and since the
Town of Wappinger is not an involved agency, but an interested one,
and could not challenge the action, however, as such, they might want
to have some involvement through the approval process.
MRS. VISCONTI moved to table action and refer to the Engineer for
review and recommendation to the Town Board.
Seconded by Mr. Valdati
Motion Unanimously Carried
The Tri -Municipal Sewer Commission forwarded notice to involved and
interested agencies regarding scoping documents for the Town of Wappinger
Expansion.
MRS. VISCONTI moved to accept the Notification and place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Notice was received from the Town Planning Board of intent to become
lead agency for Bradfo3O Company and Smithtown Plaza projects.
Mr. Incoronato had a problem with this since the Town Board had received
a rezoning request from the Bradford Company; which plan is the Planning
Board addressing, the one received three weeks ago or the one they just
received. Mrs. Smith explained that the Planning Board intended to
be lead agency in the project in full, the Town Board would be lead
agency on the rezoning application. At this point Robert Butts,
Attorney for the applicant further explained that the application was
submitted to the Planning Board for site plan approval with the initial
belief that there was no problem with zoning. As their review proceeded,
there were questions and it was his belief that in order to avoid any
questions at a later date, that his client should apply to rezone the
entire parcel a single zone, instead of the dual zone that currently
exists. It is his understanding, after discussion with the Town
Attorney, that the two applications can be addressed separately by
both Boards.
MRS. VISCONTI moved to accept the correspondence from the Planning
Board regarding their designation as lead agency for the Bradford
Company and Smithtown Plaza Projects, and place it on file.
Seconded by Mr. Fanuele Motion Unanimously Carried
W
Committee Reports ---
Mr. Fanuele, Recycling, reported on a public hearing he and Mrs. Smith
attended at the Dutchess County Legislature re mandating the Town to
set up a recycling program in 1990. There will be further hearings.
The carters planned to meet on the following Wednesday to discuss their
participation in the program.
Computor, a representative from I.B.M. will be at the Town Hall on
April 9, 1990 on the computerized system and by then they should have
other proposals so they can make a decision.
Mr. Valdati, Drainage, re possible blocked culvert on Middlebush Road,
reported that the County had investigated the complaint and have
determined that this is a private homewoner matter due to debris
clogging the stream. It appears to them that local residents have,
over the years, dumped leaves, wood chips, and other debris into the
stream channel in addition to a relative amount of siltation. It is
not, therefore, a County problem; our Engineer has determined that it
is not the responsibility of the Town, and concurs that it is a private
concern due to the debris collection. A letter should be sent to
the resident explaining the position that the County and the Town has
taken.
Mr. Valdati, Drainage, reported that several months ago they met with
the Wappinger School Board in regard to projects at Wappinger Junior
High School and Ketcham High School which involved removal of a
significant amount of soil and trees without notification to the
surrounding communities. It seems to have had a tremendous impact
both environmentally and esthetically and the SEQR process was evidently
completedly avoided. The Town emphasized, at that meeting, that pro-
cedures must be followed on projects in our Town and the Board of
Education agreed that they would follow the correct process in the
future and would confer with their attornies. It appears that they
haven't done this since in the past few weeks, a volcano type project
has erupted at the Junior High School which, it has been rumored that
a "soccer" field is in the making and again the Town has not been
notified. It could have a tremendous impact on the Town and Village
property and he believed our Attorney should contact them. Mrs. Smith
noted that a meeting has been set up for Friday with our Zoning Admin-
istrator, School Officials and Village Officials to again discuss their
activities.
W
Mr. Valdati was asked by the Village Recreation Chairman if the
Town of Wappinger would care to join in their Memorial Day
Celebration and if so to please contact him.
On Highway, he had been asked to report that the curb at 17 Reggie
Drive had been removed by the snow plow, and requested that the
Highway Department check on this.
Mr. Incoronato made note of the vandalism at the Fleetwood Water Plant
at a cost of $2,152.00. That is a concern, but another one is the
name of a certain fence company that seems to be the sole firm used
by either Recreation or perhaps Camo Pollution Control that maintains
the properties, but he would like to see this work go to bid for prices
from other fence companies. He also noted this happening with a local
hardware store that happens to be the most expensive one you can deal
with. Mrs. Smith knew of one hardware store where we have blanket
purchase order for those in the Town authorized to purchase and this
is practiced throughout the County. He suggested that the Comptroller
use other stores, set up an account with them and ask for a discount
on the materials purchased. He was told that the Highway Superintendent
has been doing comparative shopping to see where he can get the best
price.
His second report, also on Finance, referenced Tri -Municipal SEQR
process supposedly costing $152,000, but apparently costing well over
that amount, as pointed out in a letter from the Supervisor to the
Commission. Mrs. Smith advised him that this wording was used to
prompt an answer from them and she has been informed that their auditor
has asked them to give a projected two years' cost and when that is
available she should receive a letter providing her with the information
she is seeking and whatever questions the Board has should be answered.
Another Finance item, a letter from Matthew Rudikoff re Community
Development Block Grant dated February 22, 1990, pending monies for
the Town in the amount of $82,000.00 which if not used in the near
future, will result in the loss of 1986 monies. Mrs. Smith assured
him the Town has applied for practically all that is due us; we did
lose $1,100 and when this was discovered by Mrs. Smith, she and the
Comptroller worked on the long process of the submission of applications
for the grant money available.
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Mr. Incoronato referred to a resolution at the beginning of the
year to accept payment from Dutchess County on the benefits of the
increased sales tax. Since the Town elected to take installments on
these payments, the first one probably won't come in until July; the
estimated revenue is $750,000 annually.
His next item for discussion was mosquite control spraying; Mrs..Smith
explained that this decision was made in October and the cost for
Wappinger will be $10,000 based on the amount of mileage sprayed
previously in the Town. Mr. Incoronato pointed out that the County
will still bear the expense on the larva spraying which is the early
and most effective stage to control the mosquitos. This Town has opted
to go for the adult spraying and the chemical used can be dangerous
to people, animal and fish and it appears that Wappinger is one out of
four Towns that opted for this adult spraying. He noted that it was
not referred to the Conservation Advisory Council and although he felt
that this Council was available to the Board for advice in these matters
it was Mrs. Smith's decision that they refer to the Department of
Environmental Conservation for their analysis since they are the
experts.
Mrs. Visconti, Highway re telephone costs reported that the Highway
Superintendent has looked into this and is taking the necessary steps
to possibly reduce the present cost; he had informed the Board that the
main portion of the bill is $135.00 monthly, which is for the tie in
line for operation of the two way radios, a vital part of their operation.
If he can reduce the cost without reducing necessary service, he will
do so.
Communication from Central Hudson re installing underground gas pipe
line starting at Fishkill Plains going to the substation on Montfort
Road, southwesterly to the Hudson River and south to New Hamburg;
she spoke to the Engineer regarding a possible impact on our aquifer
and he has suggested that we ask for a map to review and comment on
for the protection of the aquifer. She requested that the Engineer
follow through on this proposed project.
Another item Mrs. Visconti referred to an application for a major
soil mining operation being addressed in the Town of East Fishkill
with no notification to surrounding municipalities; the location is
on the Stringham property over the Sprout Creek Aquifer which is a
source of water for a large number of Wappinger residents.
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The Town Board and the Zoning Administrator attended a meeting on
the matter and expressed their concerns. This has been active since
1988 and East Fishkill Officials have admitted they were in error in
not notifying us. Mrs. Smith has drafted a letter to forward to these
officials and is waiting for Attorney approval prior to sending it.
Mrs. Smith noted that it is a large operation within 100' from the
Aquifer which serves about 1/3 of our Town. A follow-up meeting will
be held at the East Fishkill Town Hall on April 10, 1990.
Mrs. Smith had an update for the Board on a letter from the Dutchess
County Planning Board indicating that the census report sent in
previously by the Town was in error due to miscalculations by the
former Supervisor in sending in the number of parcels instead of housing
units which could have a huge impact on federal and state aid to the Town.
Mrs. Smith immediately called Boston to try to rectify the mistake and
she will have to go through another process in an attempt to correct this.
As it appears now it shows no growth in the Town of Wappinger for the
last ten years and we all know that it is a fallacy.
Resolutions ---
Items 7a and 7b, Little League and Soccer Contract were tabled pending
work shop discussion scheduled for May 14, 1990.
The next Resolution placed before the Board for consideration would
hopefully curb the problem we seem to have with checks being returned
for insufficient funds or other reasons. The State will now allow the
Town to charge a $15.00 fee to individuals whose checks have been
returned; in addition the Resolution specifies that any checks over the
amount of $50.00 must be certified or tendered by the bank.
The following Resolution was offered by COUNCILMAN FANUELE who moved
its adoption:
WHEREAS, various departments in the Town of Wappinger have received
personal checks in payment of fees, applications, licenses, or other
Town charges, which have been returned for insufficient funds or
other reasons, and
WHEREAS, General Municipal Law Section 85 has been amended to
authorize a municipality to impose a $15.00 service charge where
a check draft has been returned for insufficient funds, and
WHEREAS, General Municipal Law Section 85 also authorizes a
municipality to require that all payments on accounts due and owing
to the Town be tendered in cash, bank or certified check only, and
WHEREAS, the Town Board wishes to exercise the authority granted
to it pursuant to General Municipal Law Section 85, except as to
those payments or accounts due and owing to the tax collector and/or
receiver of taxes for payments of State, County, and Town taxes,
72
school taxes, water rents or sewer rents.
NOW, THEREFORE , BE IT RESOLVED,
1. Pursuant to General Municipal Law Section 85, Subd. 1,
the Town Board hereby authorized the imposition of a $15.00
service charge on any account owing to the Town where a tendered
payment of such account was by check or other written order which
was returned for insufficient funds.
2. Pursuant to General Municipal Law Section 85, Subd. 4,
the Town Board hereby requires that payments on accounts owing to
the Town over the sum of $50.00 be tendered in cash or by bank or
certified check only, EXCEPT, those accounts due and owing to
the Tax Collector and/or Receiver of Taxes for payments of State,
County and Town taxes, school taxes, water rents or sewer rents.
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
At the previous meeting the Highway Superintendent had requested
authorization to rebid for road aggregates and bituminous concrete
for the purpose of lower bids; he also requested to bid on trucks
with plows. These bids were opened on March 16th, 1990, reviewed
by him and recommendations received from him. On bituminous concrete
he recommended that all bids be accepted and the other items that were
bid on, he recommended the lowest bidder. Two bids were received on
the trucks and Mr. Foster recommended the lowest bidder, Gallagher
Truck Center, $57,820.00.
MRS. VISCONTI moved to award all bids, including the truck bid, as
recommended by the Highway Superintendent.
Seconded by Mr. Incoronato
Motion Unanimously Carried
COUNCILMAN VALDATI introduced the following proposed Local Law:
A LOCAL LAW RELATING TO THE IMPOSITION
CHARGE AND COLLECTION FO WATER RATES
FOR THE CONSUMPTION AND USE OF WATER
FOR THE WAPPINGER PARK WATER DISTRICT
AS WELL AS THE PENALTIES AND
ENFORCEMENT THEREOF.
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION I: IMPOSITION AND COMPUTATION OF WATER RATES
A. All water rates are payable quarterly ending on the last
day of the months of March, June, September, and December, and the
minimum rate shall be payable even though no water is consumed,
so long as the service shall be considered as connected with the
curb box or otherwise at the request of the owner. The minimum
rate shall be payable even though the water has been shut off
when such discontinuance has been made by someone not authorized
by the District.
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B. The owner shall be obligated to pay the minimum charge
of Seventy ($70.00) dollars per each quarter, regardless of the
consumption of water for said quarter, provided said owner is
connected to the system at any time during the quarter.
C. Such water rates shall be payable for each of the four
quarters of the year and shall be subject to the penalties
hereinafter provided.
SECTION II: PAYMENT AND ENFORCEMENT OF WATER RATES
A. All water bills shall be due and payable within thirty-two
(32) days of the billing date. After the expiration of thirty-two
(32) days, a penalty equal to ten (10) percent of the amount unpaid
shall be added to that bill for that quarter.
B. Said water charges shall constitute a lien upon the real
properties served by the water system of the District and such
lien shall be prior and superior to every other lien or claim
except the lien of an existing tax, assessment, water rate, sewer
rent, or other lawful charge imposed by the Town.
SECTION III:
If any owner of real property on which a -water charge has
been imposed deems himself aggrieved because such real property is
not served by the water system or an error has been made in computing
such water charge, he may file an application for a refund of all or
part of such water charge. Such application shall be verified by him
and shall set forth the amount of refund sought and the grounds therefor.
Such application shall be presented to the Town Comptroller and he
shall forward such application to the Twon Board with his recommendations
in relation thereto. The Town Board may refund allor part of such
water charge.
SECTION IV:
This Local Law shall take effect immediately upon adoption as
provided by the Municipal Home Rule Law.
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 26th day of March, 1990, a
proposed Local Law Relating to the Imposition of Water Rates for
the Wappinger Park Water District, 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 on the 9th day of April, 1990, at 7:00 P.M.,
on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger,
Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due
posting thereof upon the bulletin board maintained by said Town
Clerk in the Town Hall and by publishing such notice at least
once in the official newspaper of the Town of Wappinger.
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
74
A rezoning application was received from Bradford New York, Inc.
from the present OR -10A & Al -2A to solely Al -2A for conformance
with the rest of the property; all required documents were included
with the application.
MRS. SMITH moved to accept the rezoning application.
Seconded by Mrs. Visconti
Motion Unanimously Carried JA
Robert Butts, Attorney for the applicant was present and explained
that the rezoning involved 67 acres off of Route 376 which is divided
by a zoning line; the larger portion is Al -2A and it is their request
to rezone the entire parcel to Al -2A.
There was objection by both Mr. Fanuele and Mr. Incoronato to moving
ahead with the regular procedures of introducing an Ordinance and
setting a Public Hearing before discussing this at a work shop so they
would be aware of what they were rezoning. The Ordinance was drawn up
by the applicant's Attorney who had been involved in another rezoning
in the Town and was familar with the format of the Town Ordinance to
Amend the Zoning Ordinance. This had been previously faxed to our
Attorney who had approved the form and content, and it was placed
before the Board for their consideration.
The following Ordinance was introduced by SUPERVISOR SMITH who moved
its adoption:
BE IT RESOLVED AND ORDAINED by the Town Board of the Town of
Wappinger as follows:
Section 1. The Town of Wappinger zoning map adopted March 10,
1980, and as amended from time to time, is hereby further amended
by rezoning the following portion of a parcel of land from OR -10A
(Office/Research/Light Industry District -10 Acres) to Al -2A
(Airport Industry District - 2 acres) classification, said portion
of real property being more particularly described as set forth
on Schedule A, annexed hereto and made a part hereof, containing
25.899 acres of land, more or less.
Present Owners: Route 376 Associates, L.P., a New Jersey
Limited Partnership, and Bradford New York, Inc., a New York
corporation, as tenants in common.
Tax Grid Number: 19-6259-02-872505-00
Deed Recorded: Liber 1859 of Deeds, page 592
The parcel described in Schedule A, annexed hereto, being a
portion of the above owners 67.002 acre parcel, identified by the
aforesaid tax grid number.
Section 2. This amendment shall become effective upon
adoption, posting and publication, as prescribed by Town Law.
75
SCHEDULE A
All that lot, parcel or piece of land situate in the Town
of Wappinger, County of Dutchess, and State of New York, and being
more particularly described as follows:
Beginning at a point on the Northerly line of Airport Drive,
said point of beginning being the Southeasterly corner of lands
now or formerly R.E. & W. Associates being Parcel B as shown on
th6 plan "Final plat four lot subdivision of lands of Satellite
Investments" filed as map #8938 in the Dutchess County Clerk's
Office, Poughkeepsie, New York, said point of beginning also
being the Southwesterly corner of Parcel C and the herein
described parcel; thence from said point of beginning and
along the Easterly line of said Parcel B North 10-52'-38"
East 19.68 feet; thence through Parcel C being the existing
zone line as shown on the Town of Wappinger zoning map dated
1980 between zone OR -10A on the Southeast and zone Al -2A on the
Northwest North 56-56'-27" East 2368.28 feet; thence along the
Southwesterly line of lands now or formerly the County of Dutchess
being the Old Railroad South 01-14'-17" East 260.28 feet; thence
along the Northwesterly line of Parcel D as shown on filed map
#8938 South 33-45'-45" West 1653.78 feet; thence along the Northerly
line of Airport Drive the remaining three courses and distances,
North 64-09'-26" West 330.37 feet to a point of curvature; thence
on a curve to the left having a radius of 880.00 feet an arc distance
of 229.85 feet as described by the chord North 71-38'-24" West 229.20
feet to a point of tangency; thence on the tangent North 79-07'-22"
West 570.51 feet to the point of beginning.
Containing: 25.899 acres
Subject to any right-of-way, easement, covenant or restriction of
record.
MRS. SMITH moved to designate the Town Board as Lead Agency in this
proposed action and refer the application to the Town Planner for
completion of Part II, under the SEQR process.
Seconded by: Mrs. Visconti
Roll Call Vote: 4 Ayes Mr. Fanuele --- Nay
MRS. SMITH moved to set a Public Hearing on the Ordinance Amending
the Zoning Map for Monday, April 23, 1990 at 7:00 P.M. at the Town
Hall, to hear all interested persons.
Seconded by; Mrs. Visconti
Roll Call Vote: 4 Ayes Mr. Fanuele --- Abstained
The work shop was set for March 29, 1990 for discussion of the
proposed rezoning.
While checking on work shops, Mrs. Smith found an earlier date when
the Board could schedule Mr. Classey's request for an assistant, that
being March 29th, 1990.
76
Unfinished Business ---
A report was received from our Fire Inspector, Mark Liebermann after
his inspection of the vacant building at the intersection of Route 9D
and Middlebush Road. He notified the owner that the roof of the
front porch has collapsed -and must be secured or removed by March 30,
1990. If the owner fails to correct the situation by that date, a J4
summons for violation of the Code will be issued and carries a possible
fine of up to $1,000.00 per violation, per day for the time that it
remains in violation. In addition, Local Law #3 of 1983 provides
that in the case of an unsafe structure the Town can order it repaired
or demolished and the costs will be assessed against the land and the
bill sent to the owner; if this remains unpaid, it can be levied on
his tax bill. Mr. Valdati noted that he checked the structure on the
previous Saturday and noticed that the cellar door was removed so there
is access to the building, the location is the northwest side.
Mr. Liebermann said he would advise the Board of the follow-up inspection
he will make on March 30, and if the owner has not complied, he will
proceed as specified.
Item 8b was removed from the Agenda.
Item 8c, drainage problem was already addressed with the other
projects.
New Business ---
The Town Clerk noted that she had received and filed the Engineer's
Map, Plan & Report for Wappinger Sewer Improvement Area #3, on March
20th, 1990.
She also received and filed the Amended Engineer's Report on the
Wappinger Park Water District, on March 21, 1990.
Mr. Valdati spoke on more intercommunication with the Village
Government and requested that an Agenda of the Town Board Meetings
be sent to the Village Clerk and they, in turn, will reciprocate
and send us their Agenda-.-. There are, he pointed out mutual items
of interest, in particular, the school system.
MR. VALDATI moved that the Agendas of the Town Board Meetings be
forwarded to the Village of Wappingers Falls' Clerk.
Seconded by Mrs. Visconti
Motion Unanimously Carried
77
While on the subject of cooperation and communication with the
Village, Nick Johnson, being recognized by the Chair, thought the
Town should request the Village Officials to do something about the
one way sign for entering the portion of the Imperial Plaza at
Dunkin Donuts which is constantly ignored and used for two way
traffic creating a traffic hazard when vehicles exit to New Hackensack
Road. Mrs. Smith noted that she had complained to the Village Police
after a dangerous incident at that location and was told by them that
this sign was not authorized by the Village but was put there by a
private individual or company and they had nothing to do with it --they
could not enforce it. It was the belief of the Attorney that the local
police have the authority to supervise and control traffic control devices
on private shopping centers. He was not familiar with the section of
the law or what site plan was approved by the Village in this instance,
however, he suggested that it be discussed at the time they meet with
the Village Officials.
Mr. Fanuele commented that he received an unsolicited letter commending
the Highway Superintendent --- " I spoke with Graham a few minutes ago
and want to tell you that it's refreshing to talk to a Village, Town,
County employee who is so dedicated to serving the public instead of
s -------- g them, -------he seems to be a great asset to the Town".
Mr. Incoronato referred to a letter received recently from the people
in Chelsea expressing concern about the lack of a supervised recreational
program for the children this year; he added that there is no recreation
for the children on the west side of Route 9. The subject of the lack
of a recreational master plan was brought up with the Boards at a
recent work shop and he asked if the Supervisor has requested one.
A discussion was held with the Recreation Chairman on this and they
are working on it. She concurred with him on the absence of the
summer program for the Chelsea area children since they are no longer
being allowed to use the Chelsea School House due to other plans the
Fire District has formulated, but, they will have to use another
location, perhaps Castle Point. This would be an excellent choice,
but there is lots of work to be done in this area. It was agreed
that Mrs. Visconti would discuss this at the next Recreation Commission
meeting and see if they could speed work up at Castle Point in the hopes
of using it for the Chelsea area children.
W
Mr. Fanuele mentioned that the Dutchess County Planning Board is
having a Conference on April 7th and Town Board, Planning Board and
Zoning Board members are invited to Vassar College at 8 A.M.
There was no other business to come before the Board,
MR. INCORONATO moved to adjourn the meeting, seconded by Mr. Fanuele
and unanimously carried.
The meeting adjourned at 9:12 P.M.
Q.iwt
W�y1tiUlNJtk,
Elaine H. Snowden
Town Clerk
Reg. Mtg. 3/26/90
79
A Special Meeting of the Town Board of the Town of Wappinger was
held on March 29th, 1990, at the Town Hall, 20 Middlebush Road,
Town of Wappinger, Dutchess County, New York.
Supervisor Smith opened the Meeting at 7:07 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 meeting convened with all joining in the Pledge of Allegiance
to the Flag.
Notices of the Special Meeting were sent to the Town Board Members,
the Attorney, Engineer, News Media and involved residents on the
21st of March, 1990; notice was also posted on the Bulletin Board at
the Town Hall on that day. The meeting was set for March 29th, 1990,
at 7:00 P.M.
The purpose of the meeting was to consider a Resolution authorizing
the Supervisor to apply to Audit and Control for increase of amount to
be expended in the Wappinger Park Water District; a similar Resolution
applicable to Wappinger Sewer Improvement #3; a Resolution to adopt
an Order Establishing North Wappinger Water District.
A RESOLUTION DIRECTING APPLICATION TO THE STATE COMPTROLLER
FOR AN INCREASE IN THE MAXIMUM AMOUNT TO BE EXPENDED IN
CONNECTION WITH THE ESTABLISHMENT OF WAPPINGER PARK WATER
DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW
YORK, PURSUANT TO SECTION 202-d OF THE TOWN LAW.
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption:
_ WHEREAS, a written petition in due form and containing the
required signatures has been presented to and filed with the Town
Board of the Town of Wappinger, Dutchess County, New York, pursuant
to Subdivision 1 of Section 202-d of the Town Law, requesting an
increase in the maximum estimated cost for the establishment of the
aforesaid Water District from $2001*188 to $236,450, constituting an
increase of $36,262;
NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows:
Section 1. The Town Clerk of the Town of Wappinger, Dutchess
County, New York, is hereby authorized and directed to file an
application which shall be executed and verified by the Supervisor
in the manner provided by law, with the Comptroller of the State of
M
New York for his Order approving an increase in the maximum estimated
cost to be expended in connection with the establishment of Wappinger
Park Water District in said Town, from $200,188 to $236,450,
constituting an increase of $36,262.
Section 2. This Resolution shall take effect immediately.
Seconded by: Councilwoman Visconti
Roll Call Vote: 5 Ayes 0 Nays
IN THE MATTER OF A PROPOSED SEWER
IMPROVEMENT IN THE TOWN OF WAPPINGER,
DUTCHESS COUNTY, NEW YORK, PURSUANT TO
ARTICLE 12-C OF THE TOWN LAW, TO BE KNOWN
AS WAPPINGER SEWER IMPROVEMENT AREA NO. 3
The following Resolution was offered by COUNCILWOMAN VISCONTI who
moved its adoption:
WHEREAS, a map, report and plan have been duly prepared in
such manner and in such detail as has heretofore been determined
by the Town Board of the Town of Wappinger, Dutchess County, New
York, relating to the construction and installation of proposed
sewer improvements in said Town to serve a benefited area in said
Town to be known as Sewer Improvement Area No. 3, and
WHEREAS, said plan, report and map have been prepared by a
competent engineer duly licensed by the State of New York and have
been filed in the office of the Town Clerk where same are available
for public inspection during normal business hours, and
WHEREAS, the improvements proposed for said Sewer Improvement
Area No. 3 consist of infiltration/inflow reduction work including
reconstruction of defective sewer mains, laterals and manholes, and
hydraulic modification to the existing Oakwood Knolls Wastewater
Treatment Plant and the installation of an overflow line on a
portion of the Robert Lane sewer main lcoated within, and to serve,
the area of said Town of Wappinger to be known as Sewer Improvement
Area No. 3, which shall be bounded and described as set forth in
Appendix A annexed hereto and made a part hereof, and as depicted in
the aforesaid map, and
WHEREAS, the maximum estimated cost of such improvements has
been determined to be $494,000, ;and
WHEREAS, said cost shall be authorized to be financed by the
issuance by the Town of its serial bonds with a maximum maturity
not in excess of the period prescribed by the Local Finance Law, and
WHEREAS, It is proposed that the cost of the aforesaid improvements
shall be borne by the real property in said Sewer Improvement Area No.3
by assessing, levying upon and collecting from the several lots and
parcels of land within such Improvement Area, outside of any- village,
which the Town Board shall determine and specify to be especially
benefitted by the improvements, an amount sufficient to pay the
principal and interest on serial bonds and bond anticipation notes
issued in anticipation of the issuance of serial bonds, as the same
become due and payable, and
WHEREAS, the aforesaid improvements have been determined to
be a Type I Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the
State Environmental Quality Review Act, the implementation of which
as proposed, the Town has determined will not result in any significant
environmental effects, and
WHEREAS, It is now desired to call a public hearing for the
purpose of considering said plan, report and map and to hear all
persons interested in the subject thereof concerning the same, all
in accordance with the provisions of Section 209-q of the Town Law,
T�l
M
NOW, THEREFORE, BE IT
ORDERED,.by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1. A public meeting of the Town Board of the Town
of Wappinger, Dutchess County, New York, shall be held at the
Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in
said Town on the 23rd day of April 1990, at 6:45 P.M., prevailing
time, to consider the aforesaid plan, report and map and to hear
all persons interested in the subject thereof concerning the same
and to take such action thereon as is required by law.
Section 2. The Town Clerk is hereby authorized and directed
to cause a copy of this Order to be published once in the Southern
Dutchess News, and also to post a copy thereof on the Town signboard
maintained by the Town Clerk, not less than ten'(10) nor more than
twenty (20) days before the day designated for the hearing as aforesaid,
all in accordance with the provisions of Section 209-q of the Town
Law.
Section 3.
This Order shall take effect immediately.
Seconded by: Councilman Fanuele
Roll Call Vote: 5 Ayes 0 Nays
MRS. VISCONTI moved that this action will be a negative declaration
under the SEQR process.
Seconded by Mr. Incoronato
Motion Unanimously Carried
MRS. SMITH moved to table the Resolution on the Establishment of
the North Wappinger Water District, pending receipt of additional
information needed for the State Department of Audit and Control.
Seconded by Mrs. Visconti
Motion Unanimously Carried
It was required that the Board refer back to the Resolution on
Directing that an Application be made to the State Comptroller for
an increase in the maximum amount to be expended on the Wappinger
Park Water District for completion of requirements of the SEQR process.
MR. VALDATI moved that this action will be a negative declaration
under the SEQR process.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Mrs. Smith had one more item for the Board to address and asked them
if they had any objections to this action since it was not included
in the original agenda of this,Special Meeting; no one objected.
W'
Mr. Levenson and Mr. Fanuele have requested permission to attend
a seminar in Newburgh on Wednesday, May 2, 1990 on municipal computer
systems; the cost will be $95 for Mr. Levenson, and the second person
who will be Mr. Fanuele is charged $70, plus mileage at 24� per mile.
MRS. VISCONTI moved to grant permission to Mr. Levenson and Mr. Fanuele
to attend the seminar on May 2, 1990 in Newburght, as requested and all
legitimate expenses will be a Town charge.
Seconded by Mr. Incoronato
Motion Unanimously Carried
There was no other business addressed by the Board.
MR. VALDATI moved to close the Special Meeting, seconded by Mrs.
Visconti and unanimously carried.
The meeting closed at 7:25 P.M.
Elaine H. Snowden
Town Clerk
Spl. Mtg. 3/29/90