Loading...
1989-09-18 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MONTHLY MEETING SEPTEMBER 18, 1989 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT 'MINUTES PLEDGE ALLEGIANCE TO FLAG 4. REPORTS OF OFFICERS:. Received NYS Audit & Control Report & Independent Audit of Financial Affairs for Period 1/1/87 thru 12/31/87: Rec. of Taxes T/Justices Hydrant Report Sup/Comp Bldg. Insp. Zng. Adm. 5. PETITIONS & COMMUNICATIONS a. Mr. & Mrs. DeTu1Lo, 239 All Angels, re: request to hook up to Town Water & Sewer b. Mr. & Mrs. Herczeg, 33 Kent, re: possiblity for obtaining Water & Seuer service for property on Park Lane (Spook Hill Rd.) c. Anita Larsen, representing Mother, requests placement of 4 "STOP" signs at Valley Rd./HiView Intersection d. Don Stenabaugh, Rte 376, request permission to hook up to Royal Ridge Water Dist. e. Notification from: J. Cardosa (Mama Mia), Antonio Licari (DaNino) R. Norcross (Twin Sportsmens Assoc.) of intent to renew Liquor;Licenses f. Requests for Return of Escrow monies from: Jos. Prokop (TEG), Jas Klein, (lot 22 Kendell) V. Mocarski, and L. Vitolano . 0' g. Request return of Bldg. Permit fee by Mr. & Mrs. Oracz h. Requests for reimbursement for Water & Sewer problems from: Patricia Gardner & Jeane DeEtture i. Authorize Eng. to Town to go to bid for Brothers Rd. Drainage:project j. Reports from J. Paggi, Eng. to Twn,: 1. Ketchamtown Rd. Drainage 2.Devine Drainage 3. Drainage ditch, Brothers Rd., 4. Perkins/Vroonan k. Requests for Permission to attend Training Sessions from: 1.`•Mark Liebermann 2. Judge Francese 3. Chief and Ass'-t--Court-Clerks• 1. Report from Thos. Wood re: Central Hudson Gas Line application 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Consider Formation of Wapp. Sewer Transmission District b. Consider. Formation of Quiet Acres Lighting Dist. c. Consider adoption of LL for Hamlet Ct. NO PARKING & ONE WAY d. Request from H. Levenson on behalf/of PLng Bd. for Transfer of funds for balance of '89 to continue funding Town Planner e. Request for Transfer of funds in Gen. town funds for. Cleanup f. Renewal of HVAC maintenance Contract w/Shaker, Travis.& Quinn g. Resolution for County Highway Snow & Ice Control work -'89-'90 h. Contract for Association of Seniors, Inc. i. Comptroller request Bd to establish Standard work hours - all positionf j. Comptroller request T/Bd to approve transfer of funds,Town Wide, for payment of two School Tax Bills and designate appropriate accounts k, Reintroduce Zoning Ordinance Amendments & set Public Hearing 1. Approve of Letter to be addressed to County Executive Pattisonsre: Proposed Sales Tax increase m. Accept CashGifts for Summer Playground Picnic, & appropriate same to • to line item B7310.4, Youth Program -Recreation '' 8. UNFINISHED BUSINESS ;' a. Harold Mangold, Attny, representing E.W. Builders, Inc. re: applicat:o for Special Use Permit - Robinson Lane property b. Zvi Segal re: Drainage -Lot 66 Sherwood Heights c. R. Stellar, Deputy Comm. D. County, answer on "Bump" sign-Middlebush R 9. NEW BUSINESS 10. ADJOURNMENT REMINDER: TWO PUBLIC HEARINGS - QUIET ACRES LIGHTING DIST. 7:00 & Local Law, HAMLET COURT, 'NO PARKING' -'ONE WAY' 7:15 181 The Regular Meeting of the Town Board of the Town of Wappinger was held on September 18, 1989, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 8:10 P.M.: Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Others Present: Thomas Wood, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town The Meeting started with the Pledge of Allegiance to the Flag followed by a moment of silent prayer for the Town and our residents. Mrs. Paino recognized our State Assemblyman, Stephen Saland and invited him to address the residents with items of interest from Albany. Ever since Mr. Saland has been Assemblyman, he has made it a practice of visiting the municipalities in his District to speak briefly at their meetings and answer whatever questions they might have. Last year at the time of the preparation of the State budget, he predicted a status quo situation regarding our percentage of Federal Revenue Sharing Funds and this year he felt it would be much the same. Ability to close landfill sites has been made somewhat easier by extending the period of probable usefulness from 10 to 20 years. Towns now have the ability to charge a fee up to $15.00 for returned checks. Monies will be available to expand indexing and managing records due to additional fees for this service. He assumed they were familiar with the fact that the State went over to a revolving loan fund for purposed of capitaliza- tion of sewer plants. Mr. Farina thanked the Assemblyman for being interested in our concerns and responsive to our needs and inquiries. The Minutes of the Regular Meetings of July 17th, August 7th, Special Meetings of July 27th, August 17th and August 31st, 1989, having been previously been forwarded to all Board Members, were placed before them for their consideration. MRS. SMITH moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Farina Motion Unanimously Carried 182 Reports were received from the Receiver of Taxes (July), Town Justices, Hydrant Report, Supervisor/Comptroller, Building Inspector, Zoning Administrator for the month of August; also the New York State Audit & Control Report and Independent Audit of Financial Affairs for the period 1/1/87 thru 12/31/87. MRS. SMITH moved to accept the above stated Reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Since the Dog Control Officer's Report had not been received for many months, Mr. Valdati asked that a letter be directed to him indicating that the Town Board would like to have him submit his reports for the months he has not done so and it should be as soon as possible. Mr. Valdati asked the Supervisor to set up a work shop on this matter and to please expedite same. Petitions & Communications --- Mr. & Mrs. Joseph DeTullio, 239 All Angels Hill Road, wrote to the Board requesting to hook up to Town Water & Sewer. The Engineer did not have the correspondence available and required time to review the request. MRS. SMITH moved to table action on this pending a report from the Engineer and notify the DeTullios' of this action. Seconded by Mr. Farina Motion Unanimously Carried The Herczegs' at 33 Kent Road wrote to the Board regarding water and sewer service for property on Park Lane (Spook HIll Road). Mr. Paggi had informed the Board previously that the property was within the districts and would be able to hook a single parcel into the connection. He noted, however, that if the owner was to subdivide the land, newly created lots would not be allowed to hook in until the morotorium was lifted on the sewer district. Mrs. Paino requested that a letter be directed to Mr. & Mrs. Herczeg indicating that they are in the districts and will be allowed to hook a single parcel into the water and sewer service. Anita Larsen wrote to the Board, on behalf of her mother who resides at 1 Valley Road, requesting the placement of four Stop Signs at the Valley Road/HiView intersection and including a map indicating possible 183 locations for these signs. The Highway Superintendent had informed the Board, by letter, that he was requesting the Engineer to the Town to make a field inspection of the intersection with him and when this was completed he would send a report to the Town Board. MRS. PAINO moved to authorize the Highway Superintendent and the Engineer to investigate the situation and pending their report, if warranted, authorize the Attorney to prepare a Local Law authorizing proposed Stop Signs at Valley Road/HiView intersection. Seconded by Mrs. Smith Motion Unanimously Carried A request was received from Don Stenabaugh, Route 376, for permission to hook into the Royal Ridge Water District due to the fact that his well is being contaminated by soapy water from the Hertz car wash next door to him. Mr. Stenabaugh was present and elaborated somewhat on the contents of his letter. You would really have to see what he is talking about he claimed , in order to realize his concern. As it is now, when you put a glass under the faucet, you get a glass of foam. He has a house he couldn't sell if he wanted to and he has no guarantee that digging a new well would solve his problem since that too, could have soapy water. He doesn't know if he can legally hook into the system or how much it will cost but that's why he's present at the meeting. Both the Department of Health and Department of Environmental Conserva- tion have been notified and have visited the site, but aside from being nice to him, Mr. Stenabaugh has received no information nor has he received aid from anyone in his predicament. He has been informed by the manager of the car wash operation that they are going to put in a recycling system,zero base discharge, but he feels at this stage of the game, the damage is done and he sees no chance of it ever clearing up. In regard to their request, Mr. Paggi saw no reason why they couldn't hook into the system, as tenants, however, he would check it out first. Mrs. Smith commented that since this same person has applied for a similar operation at another location in the Town every effort should be made to have him correct this situation prior to receiving approval for another. MRS. PAINO moved to authorize the Engineer to investigate the Stenabaugh complaint relating to well contamination and submit report to the Town Board. Seconded by Mr. Farina Motion Unanimously Carried 184 MRS. PAINO moved to forward correspondence to the Dutchess County Department of Health and the New York State Department of Environmental Conservation alerting them of the situation and requesting them to conduct a formal investigation to determine the extent of the contamination and send a report of their findings to the Town Board. Seconded by Mr. Farina Motion Unanimously Carried During the discussion that followed, Mr. Valdati asked that the Town Board be provided with correspondence that Mr. Stenabaugh has pertinent to the situation; Mrs. Smith reiterated her concern that the owner of the car wash in question has submitted an application for a similar operation at another location and she felt his permit should be held up until this situation is cleared up, regardless of the fact that the operation will be a zero base discharge. It was agreed that the Planning Board should be copied on the letters to the Health Agencies so they are aware of what's going on. Mike Hirkala, Zoning Board of Appeals member, was recognized and noted that this same individual had an application before the Board to convert the gas station into a car wash, did not implement the approvals, the time limit expired. He reapplied three months later and was turned down; he then sued the Town and lost the case. As far as Mr. Hirkala knew, he has not come in for any further approval. This occurred about three or four years ago, to Mr. Hirkala's recollection. This information would be forwarded to our Zoning Administrator to investigate. Notification of intent to renew liquor licenses was received from Mama Mia Restaurant, DaNino Restaurant and Twin Sportsmens Association. MR. VALDATI moved to accept the notification and place them on file with no comment. Seconded by Mrs. Smith Motion Unanimously Carried A letter of request for the return of $5,000 escrow money was received from TEG Federal Credit Union. The Engineer was satisfied that all work was completed and the Zoning Administrator recommended release of the escrow money. MRS. PAINO moved to release the $5,000 escrow money to TEG upon recommendation of the Engineer and the Zoning Administrator. Seconded by Mr. Reis 4 Ayes Mrs. Smith ---Abstain (Member of Credit Union) 185 The second request was from Mr. Klein for the return of $250.00, Blacktop Apron Deposit for Lot #22, 31 Nicole Drive. The Highway Superintendent and Building Inspector recommended release of the deposit money. MR. VALDATI moved to approve release of the $250.00 deposit to Mr. Klein for Lot #22, 31 Nicole Drive, at the recommendation of the Town Officials. Seconded by Mrs. Smith Motion Unanimously Carried Mr. Mocarski, 40 Mina Drive, requested the return of his escrow in the amount of $1,000 for landscaping. All of the proper documents were received and the Building Inspector recommended the release of the deposit. MRS. SMITH moved to release the $1,000 escrow money to Mr. Mocarski, at the recommendation of the Building Inspector. Seconded by Mr. Valdati Motion Unanimously Carried The final request for the return of escrow deposits was received from Louis Vitolano for driveway completion in the amount of $250.00 MR. VALDATI moved to release the escrow money to Mr. Vitolano in the amount of $250.00, at the recommendation of the Building Inspector. Seconded by Mr. Farina Motion Unanimously Carried Mr. & Mrs. Oracz requested the return of a building permit fee in the amount of $148.00, since they are unable to finish the proposed addition due to injuries they have received from a car accident. A Memo from the Building Inspector stated that no work has commenced on the Permit they obtained #89-162, and recommendation that their request be honored. The Attorney concurred with the recommendation. MRS. PAINO moved to return the Building Permit Fee in the amount of $148.00 to Mr. & Mrs. Oracz. MRS. PAINO moved to return the Building Permit Fee in the amount of $148.00 to Mr. & Mrs. Oracz due to the unforeseen circumstances that prohibited them from doing the proposed addition on their home. Seconded by Mrs. Smith Motion Unanimously Carried Requests for reimbursement due to water and sewer problems were 186 received from Patricia Gardner and Jeane DeEttore. Mr. Tremper of Camo Pollution Control has indicated to the Supervisor that in both instances, the Town is responsible for the expense of the work. In the case of the Gardner request, it appears that the excavating company that did the work is owned by the applicant and Mrs. Paino asked that the Engineer and Camo Pollution Control review the invoice to make sure the charges are proper. MRS. PAINO moved to table this request pending recommendation from the Engineer and Camo Pollution Control. Seconded by Mrs. Smith Motion Unanimously Carried MRS. PAINO moved to refund Jean DeEttore the amount of $84.20 for sewer service on the Town line. Seconded by Mr. Farina Motion Unanimously Carried Reports were received from the Engineer on various drainage problems throughout the Town. Mr. Paggi noted that he gave the Town Board a report on Ketchamtown Road at a recent work shop and explained two alternatives; the Board appeared to be in favor of alternate #2 which was piping the road runoff down that road, westerly direction, to approximately Mr. Schouten's property and tie into an existing stream. Since there is a proposed subdivision to the south of Ketchamtown Road, Mr. Paggi urged the Board to schedule a work shop with the developer to discuss the alternates, also the other residents on Ketchamtown who have previously submitted drainage complaints. The Devine drainage problem was scheduled for discussion at a work shop on September 20, 1989 at 8:00 P.M. Mr. Paggi had previously inspected the drainage ditch between 8 and 10 Brothers Road at the request of the Supervisor and the resident of #8. The weeds have grown too high for the resident to cut them and requested that the Highway Department do this work and Mr. Paggi has written to them relaying this message. It was also requested that a grate be placed over the end of the pipe for safety reasons. Mr. Paggi said it on the other side and if he Road drainage project, this The final report referenced was done on the one side but has to be done is authorized to go to bid on the Brothers work could be included in the specifications. Perkins/Vrooman which was inspected by the Engineer. This concerned the pond on the Perkins property which flows 187 down under All Angels Hill Road, down the back of Widmer Road. Mr. Vrooman is located upstream from Perkins and claims that during times of intense storms the water backs up from the pond. He has viewed it at these times and found that the water does enter on to Vrooman's property very slightly but does not approach anywhere near the house. However, he did recommend that the Perkins lower one of the spillways in the pond about 7 or 8" which would insure that the water would not approach Vrooman's property. Prior to his recommendation the pond was already lowered by Mr. Perkins 4 to 5" and by this time it is probably already lowered the amount specified. He did suggest that a letter be directed to them asking if the work has been completed and this should be kept on record for future reference, if required. A Memo was received from Mark Liebermann and Tim Classey requesting permission to attend a Wood Stove Safety Seminar on Tuesday, September 26th, 1989, from 5PM to 8PM, at the Millbrook Farm and Home Center, $25.00 per person. MRS. SMITH moved to grant permission to Mr. Liebermann and Mr. Classey to attend the Seminar and all legitimate expenses will be a Town charge. Seconded by Mr. Valdati Motion Unanimously Carried Judge Francese requested permission to attend the Annual Conference of New York State Magistrates Association October 22 - 25, 1989 at the Concord Hotel. He noted that one day's stay and mileage will be paid by the Office of Court Administration of the State. MR. VALDATI moved to grant permission to Judge Francese to attend the Magistrates Association Conference, as requested and his legitimate expenses will be a Town charge. Seconded by Mrs. Smith Motion Unanimously Carried The Town Justices requested permission for the Chief Court Clerk and the Assistant Court Clerk to attend the Annual Conference and Advanced Training Course for Court Clerks, October 22 - 25, 1989 at the Concord Hotel. MR. REIS moved to grant permission for only the Chief Court Clerk to attend the Conference for Court Clerks and her legitimate expenses will be a Town charge. Seconded by Mrs. Paino Motion Unanimously Carried 188 It was Mr. Reis's opinion that the Judges and the Chief Court Clerk should attend but he did not agree that the Assistant Clerk should also go to this conference. A report was received from Attorney Thomas Wood on the Central Hudson Gas Line Application. Mr. Wood noted that the Administrative Judge recommended to the Public Service Commission that the gas line be allowed to follow the alternate route. On behalf of the Town, he has filed further objections and the P.S.C. will formerly address the issue sometime in September. He will notify the Town Board when the final decision is made and if the P.S.C. follows the recommendation of the Administrative Judge, he will still have the opportunity to have input in the construction of the environmental review for the sites specific. There still is a possibility that the P.S.C. will abide by the Town's concerns regarding the route the gas line will take. Committee Reports --- Mr. Valdati reported that he had found a Stop Sign at the intersection of Middlebush Road and Route 9 laying to the side and has lost its ability to be secured in its original position. He requested that the Dutchess County Department of Public Works be notified in order that they add it to their work agenda. Mr. Reis had no reports for this meeting. Mr. Farina, recycling, referred to the program presently being conducted by the Scouts of Wappinger at the Highway Garage every Saturday morning, by collecting newspapers. This has been done by them as a community service as well as to raise funds for their programs. Unfortunately, the recycling market for newsprint has been reassessed and it is now proving to be a loss to the Scouts since they now have to pay as much as $30.00 a ton for the removal of the paper. In a letter to the Town Board, Mr. Hildebrandt, Coordinator for the Scouts of Wappinger, has stated that they must have relief from the Town in order to continue this community service and the Scouts would be more than willing to be the sub -contractor to the Town and assist in the recycling program. In order to continue in 1989 they will need the sum of approximately $2,000.00 to remove the papers already collected and continuity of collection for the next few months. The matter will also have to be put on a budget work shop for 1990 to consider a future commitment by the Town if the program is to continue. 189 Mrs. Paino noted that she had discussed this with Mr. Hildebrandt last week and indicated that the Board would discuss the 1990 budget with him and as far as the $2,000 sum needed to continue this year, she felt it was a worthwhile project and should be continued, however, there is still a balance of $425.00 that they have from the PASNY funds. It was her recommendation that this balance be used and the Town would contribute $1,575.00 for the remainder of 1989. MR. FARINA moved to authorize the expenditure of $1,575.00 from the Contingency fund to the Refuse Account for purposes of continuing the recycling program and the Scouts of Wappinger to contribute $425.00, balance of PASNY funds, and assist the Town as sub -contractors. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Valdati asked the status of the Town Clean-up account --- he had also spoken to Mr. Hildebrandt and was informed that the Scouts have their own insurance which will be an important factor for the Town. Mrs. Smith mentioned that in regard to the clean-up, she heard that one of the highway trucks removed some telephone wires during their Saturday pickup, so we can expect a bill from the New York Telephone Company for replacing these wires. Mrs. Smith reported that Community Day was very successful and thanked all for attending. She was commended by the Board for doing a fine job. Gordon Hirt, Wappinger County Legislator had no reports, however he wanted to encourage the Board to follow through on their recycling program since it is becoming a major problem and a big issue at the County level. They are spending additional monies to upgrade education on this matter and as citizens we should do everything we can for recycling or we will be in serious trouble. It will mean exactly what the Town did tonight --- spending money. He thanked the Town for their action. Resolutions --- A Public Hearing having been held by the Town Board on September 14, 1989 on the formation of the Wappinger Sewer Transmission District, the matter was placed before the Board for their consideration. 190 The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Town Board on its motion direced that the Engineer to the Town prepare a Map, Plan and Report with respect to the establishment of the Wappinger Sewer Transmission District for the purposes of conveying sewerage generated within the Town of Wappinger to the Tri -Municipal Sewer Commission's facility in the Town of Poughkeepsie, and said District will be called the Wappinger Sewer Transmission District as more particularly described in the Schedule A annexed hereto and, WHEREAS, said Town Board duly adopted on the 17th day of August, 1989, a Resolution reciting in general terms the boundaries of the proposed District, the improvements proposed, the maximum amount proposed to be expended for the improvement, and specifying that said Town Board shall meet at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 14th day of September 1989, at 7:30 P.M. to consider the establishment of said District and hear all persons interested in the subject thereof, concerning the same, and WHEREAS, certified copies of said Resolution were duly published and posted according to law and said Town Board, at the time and place specified in said Order, did meet and consider all persons interested in the subject thereof, who appeared at said time and place, concerning the same, and WHEREAS, the evidence offered at said time and place requires the Town Board make the determination hereinafter made; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Wappinger in the County of Dutchess, that it be and hereby is determined as follows: 1. That all of the property and property owners within the proposed Wappinger Sewer Transmission District are benefited thereby. 2. That all of the property and property owners benefited are included within the proposed Wappinger Sewer Transmission District. 3. That is in the public interest to establish the proposed Sewer Transmission District as hereinafter described and BE IT FURTHER RESOLVED, that the Town Board does hereby approve the establishment of a Sewer Transmission District as hereinafter described in Schedule A annexed hereto and made a part hereof to be known as the Wappinger Sewer Transmission District, and BE IT FURTHER RESOLVED that the costs of the construction of the improvements to service that District as set forth in the Map, Plan and Report prepared by Paggi & Martin, Engineers to the Town and dated June, 1989 shall not exceed $6,058,002.00 and BE IT FURTHER RESOLVED that the Town Clerk be and hereby is authorized and directed to file a certified copy of this Resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York, together with an application in duplicate for permission to so create said Sewer District in the manner and form prescribed by Article 12A of the Town Law of the State of New York within ten days after the adoption of this Resolution, and IT IS HEREBY FURTHER RESOLVED that the Town Supervisor be and hereby is authorized and directed to execute said application on behalf of the Town of Wappinger and BE IT FURTHER RESOLVED that the aforesaid $6,058,002.00 shall be raised through the issuance of Municipal Bonds and BE IT FURTHER RESOLVED that this Resolution is hereby adopted subject to Permissive Referendum and therefore the Town Clerk is hereby directed to post said Resolution on the official Bulletin Board for the posting of said Notice and shall publish the same 191 in the official newspaper of the Town of Wappinger, and BE IT FURTHER RESOLVED that all properties within said Sewer District shall have the taxes assessed upon them on an ad valorem basis and BE IT FURTHER RESOLVED, that based upon the Environmental Assessment form and the prior SEQR proceedings conducted by the Town Board on the overall sewer construction program that the Town Bopard hereby adopts a negative declaration for the purposes of SEQR. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays A Public Hearing was held by the Town Board on September 18, 1989, on the consideration of the formation of Quiet Acres Street Lighting District and now placed before the Board for their consideration. MRS. PAINO moved to disapprove formation of the Quiet Acres Street Lighting District. Seconded by Mr. Farina Motion Unanimously Carried A Public Hearing was held by the Town Board on September 18, 1989 on a proposed Local Law Regulating Parking on Hamlet Court and now placed before them for their consideration. MR. VALDATI moved to adopt Local Law #8 of 1989 as follows: A LOCAL LAW NO. 8 OF 1989 REGULATING PARKING ON HAMLET COURT IN THE TOWN OF WAPPINGER Section 1. Legislative Intent The Town Board of the Town of Wappinger does hereby deem it to be in the public interest to regulate parking and the direction of traffic on Hamlet Court in said Town, both for the benefit of those residents in said area, and also for their fire safety and the general health, welfare and safety of the residents of the Town of Wappinger. Section 2. Parking Prohibited There shall be no parking along the northerly side of Hamlet Court and in both the inner and outer perimeter of the circle at the end of Hamlet Court, except in properly designated parking spaces which may be heretofore constructed in said circle. Section 3. Direction of Traffic When approaching traffic circle at the end of Hamlet Court all traffic shall bear to the right and said circle shall be designated as a one-way flow of traffic in said circle. Section 4. Sigsn The Highway Superintendent of the Town of Wappinger be and hereby is authorized and directed to erect "No Parking" signs and "One Way" signs in accordance with this Local Law. Section 5. Penalties and Offenses The owner or operator of any vehicle who shall violate either 192 either the No -Parking restriction herein or violate the direction of traffic signs erected heretofore, shall be guilty of a traffic infraction, and shall pay a penalty in the amount as set forth in the Vehicle & Traffic Law of the State of New York for violation of any Traffic Infractions. Should no penalty be set forth in the Vehicle & Traffic Law, then they shall be subject to a penalty not to exceed Fifty Dollars ($50.00). Section 6. Effective Date This Local Law shall become effective immediately upon its filing with the Secretary of State of the State of New York Seconded by: Mrs. Smith Roll Call Vote: 5 Ayes 0 Nays A request was received from Mr. Levenson, on behalf of the Planning Board to transfer $12,500.00 to their line item account to satisfy the Town Planner's expenses for the balance of 1989. MRS. SMITH moved to authorize the transfer of $12,500.00 from 1990.4 Contingency to 8020.40, Planning Board Contractual, for Town Planner expenses for the balance of 1989. Seconded by Mr. Reis Motion Unanimously Carried Next item was the consideration of a transfer for the expense of the Village clean-up. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the Town Board authorized expenditures for a clean-up in A fund, and WHEREAS, appropriations were not made for a clean-up in the A fund's 1989 budget, BE IT RESOLVED, transfer $13,735.60 from A fund 00-01-1990.4 to A fund 00-07-8160.4. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Renewal of the contract with Shaker, Travis & Quinn for HV/AC maintenance was placed before the Board for their consideration. MR. REIS moved to refer this contract to work shop discussion with: Shaker, Travis & Quinn. Seconded by Mr. Farina Motion Unanimously Carried The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the Town Superintendent of Highways has been requested by the County of Dutchess to participate in the regional County 193 Highway Snow and Ice Control Program within the boundaries of the Town, and WHEREAS, and logically, an earlier or sooner response factor can be provided by Town units and personnel within the locale thereby benefiting the overall safety and welfare of Town residents and local community interest, and WHEREAS, such participation by the Town in removing snow from designated County Highways, and by sanding and salting or otherwise treating them for the purpose of maintaining highway safety and accessibility for emergency services, is specifically authorized by Article 6, Section 135 of the New York State Highway Law, now, therefore be it RESOLVED, that the Town Highway Superintendent be and is herein authorized to perform such work as is found necessary, at hourly rates as agreed upon by the Town and the County for the renting and hiring of such equipment for the Winter Season 1989-1990. Seconded by: Councilwoman Smith Roll Call Vote: 5 Ayes 0 Nays The Contract with the Dutchess County Association of Senior Citizens was placed before the Board for their consideration. MR. VALDATI moved to approve the Contract between the Town of Wappinger and the Dutchess County Association of Senior Citizens, Inc. and authorize the Supervisor to sign said contract. Seconded by Mr. Reis Motion Unanimously Carried The following Resolution was offered by COUNCILWOMAN SMITH who moved its adoption: RESOLVED, that, at the request of the New York State Retirement System, the Town Board of the Town of Wappinger does hereby establish the Standard Work Week hours for all the Elected and Appointed Officials and Personnel positions as follows: Highway Superintendent 35 hours Deputy Highway Superintendent 35 hours Supervisor 35 hours Council Members (4) 20 hours (each) Town Justices (2) 17i hours each Town Clerk 35 hours Assessor 35 hours Comptroller 35 hours F/T Secretarial 35 hours F/T Clerical 35 hours P/T Secretarial 17i hours P/T Clerical 17i hours Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays The Comptroller forwarded a resolution to the Board to approve a transfer of funds for payment of school taxes on two parcels of land deeded to the Town. The Attorney was not familiar with the property and said he would review it and report to the Board by the next meeting so the taxes could be paid prior to the penalty deadline date. 194 MRS. PAINO moved to table action on this transfer and refer it to the Attorney for his review and recommendation. Seconded by Mrs. Smith Motion Unanimously Carried The following Zoning Ordinance Amendments were reintroduced by SUPERVISOR PAINO: ( Zoning Ordinance Amendments and Map are attached hereto and made part thereof of the Minutes of this Meeting). MRS. PAINO moved to set a Public Hearing on the Zoning Ordinance Amendments on October 23, 1989 at 7:30 P.M. Seconded by Mr. Reis Motion Unanimously Carried MRS. PAINO moved to.set a Special Meeting of the Town Board on October 23, 1989 at 8:00 P.M. for the sole purpose of considering approval of the Zoning Ordinance Amendments. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino referred to a proposed sales tax increase by the County in lieu of raising property taxes for added revenue to the County. It was her opinion that if the County goes forward with this proposal that they share the additional revenue 50% with the municipalities of Dutchess County. MRS. PAINO moved to forward a letter to the Dutchess County Executive indicating that the Town has not taken a stand either way on the proposal to raise the sales tax, however, they do request that any increase in sales tax revenue be shared 50% with the municipalities within the County. Seconded by Mr. Reis Motion Unanimously Carried A Memo was received from the Recreation Commission indicating that they had received donations from merchants for the Annual Playground Picnic and asking that the Town Board accept the checks and place them in the Youth Recreation Program Account 01-06-7310-4 t help cover the expenses for the picnic. The following Resolution was offered by COUNCILWOMAN SMITH who moved its adoption: WHEREAS, the following companies have offered to donate to the Town of Wappinger Summer Recreation Program the following sums of money: B D Contracting Company Camo Pollution Control James A. Klein, Inc. $250.00 200.00 250.00 195 WHEREAS, the Town of Wappinger Recreation Commission has recommended to the Town Board that these contributions and gifts be accepted and WHEREAS, the Recreation Commission has further requested that should these gifts be accepted, that they be added to the Recreation Department and used for the use of the Town of Wappinger, NOW, THEREFORE, BE IT RESOLVED the Town Board does hereby accept the aforementioned gifts, on behalf of the Town of Wappinger and directs that the Town Clerk forward a letter of thanks to those contributing on behalf of the Town Board of the Town of Wappinger, and BE IT FURTHER RESOLVED that these revenues received by the Town Board be and hereby are appropriated by the Town Board to budget line item B7310.4, Youth Program - Recreation, and BE IT FURTHER RESOLVED that inasmuch as these are increased revenues received by the Town Board, the aforementioned appropriation on behalf of the Youth Programs of the Town of Wappinger are fully warranted. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino referred to a serious drainage problem on Brothers Road which is one of many in the Town. This one is causing a health problem to septic systems due to the poor drainage and the Engineer has recommended that the situation be corrected. MRS. PAINO moved to authorize the Engineer to the Town to go to bid on the Brothers Road Drainage Project. Seconded by Mrs. Smith Motion Unanimously Carried Unfinished Business --- A letter was received from Harold Mangold, Attorney, representing E. W. Builders, Inc. regarding an application for a Special Use Permit on Robinson Lane property. MRS. PAINO moved to accept the correspondence and place it on file Seconded by Mr. Reis Motion Unanimously Carried Although Mrs. Smith at first thought they should act on the application, the Attorney informed the Board that if they wanted to consider it they would have to go through the SEQR process and establish the Town as the lead agency. The applicant would then have to prepare a D.E.I.S. at the direction of the Board and a new case law which provides that if a 196 mandates an environmental study, they will have to pay part of the cost. Mrs. Paino added her comment that she would not want to entertain the application; they have had several work shops on the subject and it was the feeling of the Board that it was not in the best interest of the Town. A letter was received from Zvi Segal, President of Z & M Development Corp. regarding drainage at Lot 66 in Sherwood Heights. In order to alleviate the drainage problem a pipe has to be installed to drain the excess water from that lot to an existing catch basin on All Angels Hill Road. The problem is that the pipe has to go through the Parsons' property and he has been unable to obtain an easement from the owner. When questioned on the matter, the Attorney said he would like to review the matter as there may be another option. The Board was ready to table the matter pending the Attorney's report, however Mr. Segal, who was present, and informed the Board that he needed a C.O. on this lot and was unable to obtain it due to the drainage problem. It was then suggested that Mr. Segal put up an escrow account to cover the cost of the drainage work that had to be completed; Mr. Paggi estimated the cost to be $2,500.00. A motion was made by Mrs. Paino for Mr. Segal to deposit $2,500 in escrow and be allowed to pursue the issuance of a C.O., however Mrs. Smith felt more money should be put into escrow due to previous problems the Town has had. After discussion it was agreed to add a 10% contingency to the amount. MRS. PAINO moved that Mr. Segal be allowed to pursue the issuance of a C.O. for Lot 66 Sherwood Heights, conditional upon placing the sum of $2,750.00 in escrow with the Town for the completion of the drainage work at that location. Seconded by Mr. Reis Motion Unanimously Carried A response was received from Richard Steller, Deputy Commissioner of Dutchess County Department of Public Works in regard to the "Bump" sign on Middlebush Road which we had requested them to remove. This was investigated and he reported that there still existed a minor bump in the pavement and they felt the sign should stay in place until the pavement surface can be improved at this locaton which would obviously not be in the very near future. MR. VALDATI moved to accept this correspondence and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried 197 Mr. Valdati brought up an unfinished item relating to a possible work shop with Mr. Buyakowski to discuss using some of his 300 acres of land on Route 376 for soccer fields. He would like to resume their discussion on the matter and possibly set a work shop. Mrs. Paino responded that it had come up at a Growth Management Meeting when he was making a proposal to the Town that if certain property on All Angels Hill Road was rezoned, he would give 20 acres of the property on Route 376 to the Town. This proposition was not presented in exchange for rezoning but rather in lieu of recreation fees. Evidently it came out differently in his discussions with the Zoning Board of Appeals and the Planning Board and when it again came before Growth Management Committee, they felt it should be under the purview of the Planning Board to do the bargaining with Mr. Buyakowski. She suggested that they keep on top of the Planning Board and remind them that the Town wants the 20 acres for soccer fields. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the Town Board has previously authorized the Supervisor to execute a Memorandum of Understanding between the Town of Wappinger and the Tri -Municipal Sewer Commission for the treatment of sewage for certain areas of the Town, and WHEREAS, the Town Board has previously accepted and approved a Cost Estimate of the SEQR costs of that project representing an amount of $152,000.00, and WHEREAS, it is now necessary for the Town to deposit with the Tri -Municipal Sewer Commission the sum of $50,000.00 as and for the first advance towards the -total of $152,000.00 for the SEQR process, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor be and hereby is authorized to pay over to the Tri -Municipal Sewer Commission the sum of $50,000.00 and BE IT FURTHER RESOLVED that said sum shall be paid from Sewer Improvement Area No. 1 and BE IT FURTHER RESOLVED, that this sum is authorized without further audit by the Town Board. Seconded by: Councilwoman Smith Roll Call Vote: 5 Ayes 0 Nays A Memo was received from our Attorney Thomas Wood regarding damage to the 198a Plymouth Grand Fury and the settlement offered by both the Town's Insurance Carrier, Continental Insurance in the amount of $1,531.39 less $250.00 deductible, versus Allstate Insurance Company, the amount of $1,822.00, not subject to any other subtractions. He recommended that the Town accept the Allstate Insurance Company offer. 198 The following Resolution was offered by COUNCILWOMAN SMITH who moved its adoption: WHEREAS, on August 7, 1989, the Fire Inspector of the Town of Wappinger was involved in an automobile accident, and the 1982 Plymouth Grand Fury owned by the Town of Wappinger, was damaged in said accident, and WHEREAS, the Town's Insurance Company has offered the Town a gross settlement of $1,531.39 as the total loss for said vehicle, and WHEREAS, Allstate Insurance Company representing the owner of the vehicle who collided with the Town vehicle, has offered the Town a gross settlement of $1,822.00 and WHEREAS, both offers include the Town signing over all its right, title and interest to the damaged 1982 Plymouth, and WHEREAS, both offers have been reviewed by the Attorney to the Town, and he has recommended that the Town accept the Allstate Insurance Company's offer of $1,822.00, NOW THEREFORE, BE IT RESOLVED, that the Town Board does hereby accept in full and complete settlement of its claims with respect to damages incurred to its 1982 Plymouth Grand Fury, on August 7, 1989, the sum of $1,822.00 from the Allstate Insurance Company, and BE IT FURTHER RESOLVED, that the Town Supervisor be and hereby is authorized to execute all transfer of title documents transferring all of the Town's right and title of interest in said vehicle to Allstate Insurance Company, in exchange for Allstate's payment of $1,822.00, and BE IT FURTHER RESOLVED that the Attorney to the Town be and hereby is authorized to advise the Town's Insurance Carrier of the Town's election to take the Allstate Insurance Company's award rather than that of Continental Insurance Company inasmuch as the Allstate award is greater and the Town will not have to await the return of its deductible. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays Mr. Valdati asked that he be provided with the status of the Clean -Up Program as he would like to have dumpsters placed for the Condos in the Town since as far as he knows, no provision has been made for them to dispose of their bulk items. Mr. Valdati brought up the proposed Mosquito Control Program voicing opposition that the municipalities will have to bear the cost rather the County continuing this service and requested that a letter be directed to the County Executive expressing this opposition. There was no other business to come before the Board. MRS. PAINO moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The meeting adjourned at 9:15 P.M. Reg.Mtg. 9/18/89 Si.,,t.. Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on September 18th, 1989, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on the proposed establishment of the Quiet Acres Lighting District. Supervisor Paino opened the Hearing at 7:00 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman 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. The Hearing was recorded by Robin DiMichele, Senior Court Reporter and is filed in the Town Clerk's office un ubject matter. Elaine H. Snowden Town Clerk Southern Dutchess News 914 297-3723 84 EAST MAIN STREET -- WAPPINGERS FALLS NEW YORK - 12590 • • newspaper o1 the Town not lees than 4; j ten (10); no'more than Iwenly (20) ,, LEGAL NOTICE ' i ... ; , days before the date set herein for }. i.' the Public Hearing, and r . •.. PLEASE TAKE NOTICE Thal the $k. BE IT FURTHER RESOLVED, that following .Resolution was duly f` the Town Clerk shall post).sald adopted by the Town Board of the �i; Resolution end Notice olt-Public Town, of Wappinger--al a meeting .i Head the e official pooling Board oil held on the,7th day o)Augus61989:! ,of the Town of W r, and ' BE IT FURTHER RESOLVED, that RESOLUTION ' . i. all parties: interested and In being WHEREAS, The Town Board has = heard on both the Environmental previously • authorized the Town l•Assessment Form and the proposed •t Engineer to study and prepare a .`, District • Establishn)ent, should be Map. Plan and Report with respect if: present at the aforementioned date» to a proposal to establish a Lighting,' and time to be heard, and '+ ' r District, and s':' c " tri =` r BE IT FURTHEF9 RESOLVED, that WHEREAS, The Town Board has the Town Board does hereby declare now received the Engineer's Report 1 - itself to be the Lead Agency with entitled "Proposed Street Lighting, respect to this matter pursuant to 6 District Quiet Acres," and r ! ' NYCRR,'Part 617.6. • t ! ; WHEREAS, the Engineer to the - • Bx,ORDER OF, THE TOWN Town has filed with the Town Clerk,'"!"" BOARD his Map showing Ihe,boundarles of ' e,. TOWN OF WAPPINGER ; the proposed District. and a general' . BY: ELAINE SNOWDEN ;y Plan for the District, and a Report of A'_ ' f . , TOWN CLERK the proposed method of operation '> if and financing. and -" a " ; `'' Beginning ata point said point be-• .. ' WHEREAS, annexed hereto and 0,..ing on the .northerly, line. of New "A" describing ngart eOthea metesa nld -. hecsouthe cic Hoed and also being's . bounds of the proposed District, a-' - WHEREAS, the maximum amor proposed eexededon the gp r the new District will be ZERO inasmuch • the Lighting equipment Is,eupph by Central Hudson, and WHEREAS, -the Map,Plan a Report are on fib In the Twn Clef' Office and avaiable,for,publlo' I;spection, and ,;v.SraxNr,',`., WHEREAS, the charges agair the property owners located with said District will be made An an I Valorum basis, and "- WHEREAS, WHEREAS, the Town Board let! t�only agency involved with improve this project, and for the purposes SEQRA will thus be the, Lead Age cy, and ' ' i a '� WHEREAS, an Environment Assessment Form has bet prepared and Is part of 11 Engineer's Report, and Is avallab ..tor public'inspeclion, • kw: NOW ..THEREFORE CBE RESOLVED, that the Town Boa shall conduct a Public Hearing wi respect to the proposed establis merit o1 the Quiet Acres Lightir District and said Public Hearing.vi be held on the 16th day September, 1889, 617:00 p.m. at 11 'Town Hall, .20 Middlebush Roa Wappingers Falls, New'York, am • BE IT FURTHER RESOLVED, th ..the Map Plan and .Report file herein shall be available for public h spectlon In the Office of the Tow Clerk during business days betwee 8:30 a.m.a nd 4:00 p.m. and BE IT FURTHER RESOLVED, the a copy of This Order and compleb itemization of the metes and bound description of said District shall b published at least once in the oflicie AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Elisabeth Inacker of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the Bookkeeper of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for one weeks successively in each week, commencing on the ..3Oth. day of ....August... 19.8.9. and on the following dates thereafter, namely on and ending on the ..3.0th.... day of ....August 19.89 both days inclusive. Subscribed and sworn to before me this ..3D.th... day of .elk?` 141 Notary Public My commission expires RACHEL WISHART NOTARY PU$LIC, STATE OF NEW YORK QUALIFIED IN DUCHESS COUNTY N 14-4:355902 COMMISSION EXPIRES MARCH 31. 1 0 A Public Hearing was held by the Town Board of the Town of Wappinger on September 18, 1989, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Regulating Parking on Hamlet Court in the Town of Wappinger. Supervisor Paino opened the Hearing at 7:57 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman 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. Paino asked if there were any comments either for or against this Local Law. There were no comments from those present either in favor of or against this Law. MR. REIS moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Public Hearing closed at 8:00 P.M. (atc\ik, Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW REGULATING PARKING ON HAMLET COURT STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 6, 1989, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Regulating Parking on Hamlet Court, 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. slawu�W� Sworn to before me this /7 day of if/.2!,-;nr i 1989. ee,c,.,„ Notary Public Elaine H. Snowden Town Clerk Town of Wappinger CECILE S. HAWKSLCY NOTARY PUBLIC, STATE OF NEW YOBS N0.4866032 QUALIFIED IN DUTCHESS COU COMMISSION EXPIRES AUG. 4,19Z. Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 PLEASE TAKE NOTICE that the 1 . Town Board of the Town of Wapp- :Inger will conduct a Public Hearing on Monday, September 18, 1989 at . 7:15 P.M., at the Town Hall, 20 Mid- diebush Road, Wappingers Falls, New York, to consider the adoption of a Local Law Regulating Parking On Hamlet Court In the Town of wVginggee41:49, - The complete, text of the propos- ed Local Law is set forth' at the foot of this notices All persons Wailing to speak either for Of against said Local Law Should be present envie above date and time in orderr be heard by the Town NEI TOWN OrIVAPPINGEFU 4Section1.•Ligislative -Intent .. • The Town Board of the Town o Wappinger doer herebytkrerh 11 10 be In the public Interest to regulate parking and the direction of traffic on Hamlet Court -In said Town, both for the benefit of those residents in said 'area, and also for their fire safety end • the general health, weffare and safe- ty of the residents of the Town of waPPIrKlef.," • - Section 2. Parking Prohibited There shall be no parking along ' side 'of :Hamleit Cowl and 'iil bath -the Inner and outer' rimeter. of „the circle at the end of,. amler Can't; except In pro designated 41 -irking spaces whit 'day be heretofore- constructed Mkt • Section 3; DIreltion of Tra)fic., When approaching traffic Pirde Ct the end 'of Hamlet Court ell traffic shall bear to the right and said cir- cia shall be designated as a one-way fiow of traffic In said circe Section 4. Signs "": "'" 1—• The Highway Siiparintendent of the Town of Wappinger be and hereby is authorized and directed to ' erect No Parking" signs and "One • Way" signs in accordance with this Section 5. Penalties and Offenses The owner or operator of any vehl- cie who shall violate either the No - Parking restriction herein or violate ' the direction of traffic signs erected heretofore, shall be guilty of a traffic Infraction, and shall pay a penalty In the amount.as set forth In the Vehl-, de & Traffic Law of the Stale of New., York for vloistion of any Traffic Infrac-4, tons. Should no penalty be set loath Int. & Traffic Law, then they shall be subject to a penalty not to exceed FIFTY DOLLARS ($50.00). 'Section 8. Effective Date. ,This Local Law shall become ef- fective Immediately upon Its filing , with the Secretary of State of the State of New York. - BY ORDER OF THE TOWN BOARD OF WAPPINGER = - ELAINE SNOWDEN I - CLERK ".:DATEID:'AUGLIST 25, 1 989 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Elisabeth Inacker of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the Bookkeeper of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for one weeks successively in each week, commencing on the ...§.t.1:1... day. of September 19 89 and on the following dates thereafter, namely on and ending on the 6th day of .5gP • 19..k3.9 both days inclusive. Subscribed and sworn to before me this 6th day of Seotembe 8?J2 Notary Public My commission expires RACHEL WISHART NOTARY PUBLIC, STATE CF NEW YORK QUALIFIED IN DUTCHESS COUNTY # 14-4855902 COMMISSION EXPIRES MARCH 31,