1989-07-17 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
JULY 17, 1989
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES June 5, 1989 Reg.
4. REPORTS OF OFFICERS: Town Justices
Compt/Su Zng. A Hydrant Repor
']/I3Agece,� f Cvhe�. SueerVistic) inn
5. PETITIONS COMMUNICATIONS
June 29, 1989 Special
Rec. of Taxes Bldg. Insp.
Dag -Control -Officer
( ori er (Cg /
a. Janet Hirkala re: possibility of Add'l reimbursement for car
rental due to car damage at T/refuse site
b. Frank Masopust request for increase of pay for Ticket taking
at T/refuse site
c. Alfred Cappelli, Jr. re: request permission to tie his loth off
Myers Corners Rd., into existing water line on Myers Corners Rd.
d. Notices of Public Hearings from Town of Pk and LaGrange
e. Southern Dutchess Civic Assoc. re: Robinson Lane Soil Mining
f. H. Mangold, Attny representing E.Shelley of Willowbrook Farm
Subd. re: application for Special Use Permit for Filling, Re-
grading & removal of Earth on lands on Robinson Lane
Memos from Ralph Holt, Rec. Chmn. (1) Request to construct
Bocci & Horseshoe Cts at T/Hall (2) Pursuing development of
Castle Point Recreational Facility
h. Requests for return of Escrow Deposits from:(1)Ludwik Zabczynski
(2) Linda Sanzo (3)James Klein
i. Requests from Judge Francese and Thos. Logan to attend Seminars
July23 thru ul 28 AM- v v 6-pld
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Receipts
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Recei is of. Certioraris (New York Tel & Cedar Hill Dev. Cor �)'+ac<<
J. Paggi, Eng. to Town Corr: (1) Survey Wage Rates (2)Status
report on Various Drainage Projects (3) Antoniolli & Citarella
drainage(Old Rte 9) (4) Nicodemus drainage (Rte376 & Diddell)
(5)Cacio Drainage (So. Fowlerhouse) (6) 30 Pye Lane (7) Zeits
(14 Partners Rd.) (8) Wapp. Sewer Imp.Area/Submission of Final
approvable plans
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6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Consider Local Law requiring Bd. of Managers of Condos to
register Agents
b. Consider Local Law regulating outdoor Gas Grills
c. Consider Local Law on Littering
d. Consider Local Law for various STOP Signs
e. Authorize Attorney to prepare Local Law for "NO PARKING" &
"ONE WAY" traffic on Hamlet Court
Request for Transfer of Highway Employees Sick Time to another
Highway Employee
Matthew Rudikoff, TMSC re: Authorization
g.
h.
& establishment of
escrow accn't for Tri Muni/Consultant costs for expansion
Increase Part Time pay Scale for Highway employees
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8. UNFINISHED BUSINESS
vonivcrolikilos CivLJ 4v,c. p( Pre Watt nveM,Ije
a. Paul Palmateer re: extending CWW line to his second lot
9. NEW BUSINESS
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10. ADJOURNMEN
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REMINDER: PUBLIC HEARINGS START AT 7:00 P.M.
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138
The Regular Meeting of the Town Board of the Town of Wappinger was
held on July 17, 1989 at the Town Hall, 20 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
Joseph E. Paggi, Jr., Engineer
All joined in the Pledge of Allegiance to the Flag followed by a
moment of silent prayer for our residents.
Due to the larger than usual crowd assembled, Mrs. Paino recommended
that the order of the Agenda be switched in order to accommodate these
residents who were interested in certain items. The first two items
were under "Petitions and Communications", 5e and 5f, relating to a
proposal for soil mining at Robinson Lane, which she has been dead
against since it was first proposed some time ago. The other Board
members are also concerned about the effect it will have on the aquifer
and the inconvenience it will cause the residents in the area since it
has been stated that it will take over ten years. There will be noise
and dust plus a safety factor especially to the many children in the
area. Mrs. Nancy Hayton, who represented the Southern Dutchess Civic
Association, had sent a letter to the Board requesting to be on this
Agenda to speak on the issue of this proposed soil mining and when
called upon thanked the Town Board for allowing her to speak of their
concerns. Their main concern is the children in the area and she noted
that the 2nd phase of the so called lake has a depth of 36' to 38'; she
also spoke of the many trucks that would be in the area if this proposal
went through. She stressed again and again the safety of the children
and again thanked the Board.
Item 5f was an application from Harold Mangold, Attorney representing
Ed Shelley of Willowbrook Farm Subdivision for a Special Use Permit
for filling, regarding and removal of earth on lands of Robinson Lane.
MRS. PAINO moved to accept the correspondence and place it on file.
Seconded by Mrs. Smith
Motion Unanimously Carried
139
The four proposed Local Laws, under "Resolutions:, 7a, 7b, 7c and 7d
were placed before the BoardfOE their consideration.
COUNCILMAN REIS moved to adopt Local Law #5 of 1989 as follows:
A LOCAL LAW REQUIRING CONDOMINIUM
MANAGEMENT AGENTS TO REGISTER WITH
THE TOWN OF WAPPINGER
Section 1. Leqisltive Intent
Whereas many of the multiple family dwellings in the Town of
Wappinger have been converted into condominium complexes, wherein
each dwelling unit is individually owned by a seprate owner, and
whereas the common areas are managed by a Board of Managers who
normally contract out with Management Agents to control and
maintain the common areas, it has been determined by the Town
Board that it has become increasingly difficult to obtain compliance
with the New York State Uniform Fire Prevention and Building Code in
the common areas when violations occur, because of the problem of
communicating with the appropriate parties responsible for the
maintenance and repair of the common areas. With this concern in
mind, the Town Board deems it to be necessary in the interests of
the public health, welfare and safety of the residents of the Town
of Wappinger that certain registration requirements be imposed upon
the Board of Managers of all condominiums located in the Town of
Wappinger.
Section 2. Registration Required
Any building, or groups of buildings which are classified as
"multiple dwellings" as described in the New York State Fire
Prevention Building Code, and where each indivual dwelling unit is
individually owned by a form of condominium ownership, the Board
of Managers of the common area of said complexes shall be required
to register in accordance with this Local Law and to renew their
registration on an annual basis.
Section 3. Registration Requirement
The Board of Managers of all condominiums in the Town of Wappinger
shall register with the Town of Wappinger Town Clerk and said registration
shall contain the following information to be filed with the Town Clerk
and the Town Building Inspector and Fire Inspector:
1. The name of the Owners' Association responsible for
and maintenance of common areas of buildings and grounds.
2. The name, address and telephone number of the chief
and second member of the Owners' Association.
the repair
officer
3. The name, address and telephone number of any party
responsible for the maintenance or repair of said common areas for the
name, address and telephone number of the person designated by the
Condominium Association to be responsible for communication with
said Association. It shall be the obligation of all of the Board
of Managers of all Condominiums in the Town of Wappinger to file
the above information with the Town Clerk, Town Building Inspector
and Town Fire Inspector within 30 days of the effective date of
this Local Law, and within 7 days of any change in said information,
and annually in the month of March of every year following the
effective date of this Local Law.
Section 3
In the event of any safety violations occurring within the
Condominium buildings or complex, the Town of Wappinger Code
Enforcement officials shall and may communicate and/or direct
orders to remedy any violations existed to the person named on
the registration form herein. Upon delivery of such notice to the
above mentioned persons it shall be deemed that the Condominium
Association has been formally served with the notice, and said
notice shall be binding upon the Condominium Association.
140
Section 4. Fines
Any Condominium Association which fails to register as required
herein shall be guilty of a violation and may be fined a sum not to
exceed the sum of $250.00 per violation. Each week that the alleged
failure to register shall be found to have occurred, shall be deemed
a separate and distinct offense.
Section 5. Effective date
This Local Law shall take effect immediately upon its filing
with the Secretary of State of the State of New York and the Town
Clerk is hereby directed to forward a copy of said Local Law
following its adoption to the Board of Managers of all Condominium
developments in the Town of Wappinger.
Seconded by: Supervisor Paino
Roll Call Vote: 5 Ayes 0 Nays
The Public Hearing on a proposed Local Law relating to gas fired
cooking apparatus in multiple dwellings brought forth many comments
and questions from the public, particularly Condo Managers, and for
this reason the Board Members felt that the Law needed further review.
SUPERVISOR PAINO moved to defeat the Local Law on gas fired apparatus
in multiple dwellings, as presented.
Seconded by Councilman Farina
Motion Unanimously Carried
SUPERVISOR PAINO moved to adopt Local Law #6 of 1989 s follows:
1--..1T-T-c P r n
(Attached hereto and made part thereof of the Minutes
of this Meeting).
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
COUNCILMAN VALDATI moved to adopt Local Law #7 of 1989 as follows:
A LOCAL LAW REGULATING TRAFFIC
IN THE TOWN OF WAPPINGER
Section 1. Legislative Intent
The Town Board has received recommendations from the Highway
Superintendent with respect to providing for full stops for vehicles
travelling on certain roads within the Town to come to a full stop
when entering into certain intersections. The Town Board having
reviewed these matters, has determined that in the interest of the
public health, welfare and safety of the people of the Town of
Wappinger, that stop signs should be erected.
Section 2. Full Stop Streets
The following roads and highways are hereby designated as full
stop streets and intersections, and all vehicles shall observe any
posted stop sign at the intersection hereinafter described before
entering the intersecting street:
Smithtown Road at its intersection with Cooper Road
Cooper Road at its intersection with Old Route 9
141
New Road at its intersection with Old Route 9 and
Stagedoor Road at its intersection onto Old Route 9.
Section 3. Fines
Any vehicle failing to observe the stop signs above described
be subject to prosecution for violation of this Local Law and shall
be subject to punishment of a fine not to exceed $50.00. A violation
of this Local Law shall be deemed a traffic infraction.
Section 3. Effective Date
This Local Law shall become effective upon its filing with
the Secretary of State.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
Having addressed the prime items of concern, the Board resumed the
order of the Agenda.
The Minutes of the Regular Meeting of June 5th and the Special
Meeting of June 29th, 1989, having 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
Reports for June were received from the Town Justices, Receiver of
Taxes, Building Inspector, Supervisor/Comptroller, Zoning Administrator
and Hydrant Report. It was noted that the Dog Control Officer had
not submitted a report.
MRS. SMITH moved to accept the reports received and place them on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
In view of the fact that the Dog Control Officer had not complied with
a previous request from Mr. Valdati to submit monthly reports, it was
Mr. Farina's opinion that a work shop be held with him to discuss the
repeated omissions of the report. Mrs. Paino said she had talked to
him on this matter and informed him they would have a work shop within
the next few weeks.
It was also noted that the Amended Supervisor's Annual Report for 1987
was received on July 13, 1989.
MRS. SMITH moved to accept this report and place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
LOCAL LAW NO.h OF THE YEAR 1989
LOCAL LAW CONTROLLING LITTERING AND REGULATING
THE STORAGE OF GARBAGE AND REFUSE.
Section 1. Purpose
The purpose of this local law shall be to protect and promote the health,
safety, and welfare of the people of the Town of Wappinger by controlling
littering and regulating the storage of garbage and refuse within the Town
of Wappinger.
Section 2. Definitions.
For the purpose of this local law, the following words, phrases and
terms and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include the
future, words used in the plural number include the singular, words used in
the singular number include the plural and words in the masculine include the
feminine. The word "shall" is always mandatory and not merely directory.
AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection
receptacle of steel, aluminum or plastic of ten (10) to thirty (30) gallons'
capacity with tight cover, or larger steel container with closed lid.
GARBAGE. Putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
LITTER. Garbage, refuse and rubbish, as defined herein, and all other
waste materials which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare or tends
to create blight.
PARK. A park, playground, recreation center or any other public
area in the town, owned by the town and devoted to active or passive
recreation.
PERSON. Any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES. Any house, building or other structure not owned
or operated by the town, whether inhabited or temporarily or continuously
uninhabited or vacant, including any yard, ground, parking lot, walk,
driveway, porch steps, vestibule or mailbox belonging or appurtenant
to such house, building or other structure.
PUBLIC PLACE. Any and all streets, highway rights-of-way, sidewalks
or other public ways and any and all public or quasi -public parks, spaces,
grounds and buildings, including school grounds.
REFUSE. All putresible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, incinerator residue, street
cleanings, offal,- dead animals, abandoned automobiles and any parts
thereof, agricultural wastes, commercial wastes, industrial wastes
and construction and demolition debris.
RUBBISH. Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as but not limited to paper wrappings,
cardboard, tin cans, wood, glass, bedding and crockery.
TOWN. The Town of Wappinger
VEHICLE. Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway or public street.
Section 3.. Littering.
A. Litter in public places, placement in receptacles.
1. No person shall throw or deposit litter in or upon any street, highway
right-of-way or other public place within the town, except in public receptacles
or in authorized private receptacles for collection. No person shall throw
or deposit litter in any private receptacle which he does not own without the
consent of the owner thereof.
2. Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner as to prevent it from being carried
or deposited by the elements upon any street, sidewalk or other public place
or upon private property.
'3. No person shall sweep into or deposit in any gutter, street, highway
right-of-way or other public place within the town the accumulation of litter
from any building or lot or from any public or private sidewalk or driveway.
'4. No person shall sweep into, throw, deposit or cause to be deposited
in any gutter, street, highway right-of-way or other public place within the
town any accumulation of dirt, mud, stone or combination thereof. The owner
of the property, the lessee of property and, as the case may be, the operator
of any business thereon, including the business of building construction, shall
take all steps necessary to prevent dirt, mud and stone from being deposited
in any gutter, street, highway right-of-way or other public place by any person,
vehicle or natural means such as but not limited to erosion and runoff from
said property. Nothing contained in this subsection shall be construed as prohibiting
the use in a reasonable manner of sand or stone for the purpose of reducing
the hazard of, or providing traction on, snow, ice or sleet.
B. Litter from vehicles.
1. No person shall throw or deposit litter from any vehicle upon any
street or other public place within the town or upon private property.
2. No person shall drive or move any truck or other vehicle within
the town unless such vehicle is so constructed or loaded as to prevent any
load, contents or litter from being blown or deposited upon any street or other
public place or private property. All vehicles shall be properly covered pursuant
to the Vehicle and Traffic Law of the State of New York and any other laws,
rules or regulations.
C. Litter in parks, rivers and streams.
1. No person shall throw or deposit litter in any park within the town
except in public receptacles and in such a manner that the litter will be prevented
from being carried or deposited by the elements upon any part of the park
or upon any street or other public or private place. Where public receptacles
are not provided, all such litter shall be carried away from the park by the
person responsible for its presence and properly disposed of elsewhere as provided
herein.
2. No person shall throw or deposit litter in any pond, river, stream
or any other body of water in a park or elsewhere within the town.
D. Litter on private property.
1. No person shall throw or deposit litter on any private property
within the town, whether owned by such person or not and whether occupied
or vacant, except that the owner or person in control of private property may
maintain authorized private receptacles for collection in such a manner that
litter will be prevented from being carried or deposited by the elements upon
any street, highway right-of-way, sidewalk or other public place or upon private
property.
2. The owner or persons in control of private property or any portion
thereof shall at all times maintain the premises, or that portion controlled
by him, free of litter, except when stored properly in authorized private receptacles
for collection, when such persons shall have actual notice thereof or when
said litter shall have been present a sufficient length of time to constitute
constructive notice.
Section 4. Storage or accumulation of garbage and refuse.
A. Generally.
No garbage or refuse shall be stored or accumulated on any premises
within the Town of Wappinger except as permitted by this local law.
b. Accumulation of garbage and refuse exempt for collection.
No person shall allow accumulation of garbage or refuse upon the premises
owned or occupied by him, except for the purpose of being collected, and no
garbage or refuse shall be burned in an open fire or in a metal basket,; can
or drum in any part of the town.
C. Required number and type of receptacles:
Every person who is an owner, lessee or occupant of any residence,
building, premises or place of business within the town shall provide, or cause
to be provided, and at all times keep suitable and sufficient authorized private
receptacles for receiving and containing garbage or refuse that may accumulate
or be used upon said premises. No such receptacle shall be kept near any public
place longer than may be necessary for the removal of the contents thereof.
All receptacles used for the reception of garbage or refuse shall be provided
with proper covers and such receptacles shall at all times be securely closed
and watertight.
D. Large Receptacles.
1. No person shall maintain or cause to be maintained, on any premises,
a one and one-half (1+) cubic yard or larger receptacle for garbage or refuse,
commonly known as a dumpster, unless at all times said receptacle meets
the following requirements:
(a) The receptacle owner's name must be clearly displayed
on the receptacle in lettering no smaller than four (4) inches
and no larger than six (6) inches;
(b) The receptacle must be adequately painted in a solid
color and kept free of rust;
(c) The receptacle must display reflectors or reflectorized
tape;
(d) The area around the receptacle must be kept free of
debris and spillage;
(e) The receptacle top must be closed securely except when
garbage or refuse is actually being deposited in the receptacle;
and
(f) The receptacle must be watertight and free of leakage.
2. The requirements of subparagraphs (e) and (f) above shall not apply
to receptacles which are used exclusively for the following purposes:
(a) The storage and collection of used beverage containers,
or
(b) The collection and temporary storage of construction
or demolition debris at a job site for a period not to exceed
six (6) months..
Section 5. Penalties for offenses.
Any person violating any of the provisions of this local law shall be
punished, upon conviction, by a fine not exceeding FIVE HUNDRED ($500.00)
DOLLARS. Each day of continued violation of this local law, after written
• t -
notice thereof, shall constitute a separate additional violation. In addition,
the town may also institute an action or proceeding, including an injunction,
to compel compliance with or prevent violations of this local law.
SECTION 6. Severability
Should any section, paragraph, sentence, clause or phrase in this local
law be declared unconstitutional or invalid for any reason, the remainder of
the local law shall not be affected thereby and shall remain in full force and
effect, and, to this end, the provisions of this local law are declared to be
severable.
SECTION 7. When effective.
This local law shall take effect immediately upon its filing with the
Secretary of' State.
142
Petitions and Communications ---
A letter was received from Janet Hirkala regarding the possibility of
additional reimbursement for car rental due to car damage at the Town
refuse site. The Attorney offered his opinion that the Town's insurance
carrier is charged with the obligation of handling liability claims and
the matter should be referred to them.
MR. FARINA moved to accept the correspondence and place it on file
pending the determination of the Town's insurance carrier.
Seconded by Mrs. Smith
Motion Unanimously Carried
A request was received from Frank Masopust, ticket taker at Town
refuse site, for additional hourly pay which was based on the fact
that he felt he was a good dependable employee and also he was now
required to go on salary basis with payroll deductions thereby
decreasing his net salary.
MRS. SMITH moved to table action on this request to budget work shops.
Seconded by Mrs. Paino
Motion Unanimously Carried
Alfred Cappelli, owner of a single family lot off of Myers Corners
Road, wrote to the Board requesting permission to tie into the
existing water line available at that location.
Mr. Paggi noted that the parcel is within CWWIA and there would be no
problem with hooking into the system; the Town would bring the service
connection to the right-of-way of the County and it would be the home-
owner's responsibility to bring it from there back to his property.
MRS. PAINO moved to grant permission to Mr. Cappelli to tie into
CWWIA as recommended by the Engineer to the Town.
Seconded by Mr. Farina
Motion Unanimously Carried
Notices of Public Hearings were received from the Towns of Poughkeepsie
and LaGrange.
MR. VALDATI moved to accept these Notices and place them on file.
Seconded by Mr. Reis
Motion Unanimously Carried
Two memos were received from Mr. Holt, Chairman of the Recreation
Commission; the first in regard to installing a horseshoe pit and
boccie court on Town Hall grounds. Mrs. Paino agreed with the activity
143
that was requested by the senior citizens to help increase the male
enrollment, but thought it should be coordinated with the Highway
Department and possibly these courts could be put in place with no or
little expense to the Town. Mr. Valdati noted that he would like to
see the plans for the location of these courts; Mr. Reis suggested
that they discuss this project at a work shop.
MRS. PAINO moved to table action on this request pending further
discussion at a work shop.
Seconded by Mrs. Smith
Motion Unanimously Carried
The second memo was relevant to the Commission pursuing further
development of the Castle Point recreational facility. He outlined
the work they proposed to do at an estimate of $35,000.
Mrs. Paino recommended that this item also be addressed at a work shop
with the Highway Department.
Harold Mangold, Attorney representing Mr. Shelley regarding soil mining
on Robinson Lane, was item 5f on the Agenda and at the time this item
was addressed, the Board accepted the correspondence and placed it on
file. He was recognized by the Chair and informed the Board that he
had submitted an application and asked them to take action on it.
Mrs. Paino responded that there were questions on the application so it
is appropriate that the Town accepts and files the correspondence for
the present. She further stated that she was not interested in
entertaining a permit such as he was requesting and this has been
stated many times at work shops by the full Board. Mr. Mangold then
what
informed them that no matter/their opinions were on the issuance of
the permit, it has been submitted by a landowner and under the law, they
must consider it one way or another. He was informed that he would be
notified of the work shop when scheduled, as would the residents of
that area.
Requests were received from the Building Inspector for the return
of escrow deposits received from Ludwik Zabcznski, Linda Sanzo and
James Klein. The required letters from the applicants informing the
Town that the work had been completed and requesting the return of
their escrow were not received from the first two residents, only from
Mr. Klein. Mrs. Snowden expressed concern that letters were not
included due to the fact that on a previous request the property had
144
been sold and the new owners requested the escrow deposit. Mr.
Classey recommended release of the escrow deposits for the requests
he submitted.
The Attorney suggested that these be tabled to the next meeting and
direct the Building Inspector that a letter from the person who deposited
the escrow accompany his recommendation so that the Town has assurance
that the money is being released to the appropriate party.
In the case of Mr. Klein, we have a letter of request listing the
lot numbers and addresses for the blacktop apron deposits, and letters
of recommendation from both the Highway Superintendent and the Building
Inspector to release the money to Mr. Klein.
MR. VALDATI moved to approve the release of $1,000 (4 apron deposits
of $250.00 each), based on the recommendation of Highway Superintendent
and Building Inspector.
Seconded by Mr. Farina
Motion Unanimously Carried
Mrs. Snowden commented that a written request to the Board has always
been appropriate from anyone seeking reimbursement so that at a future
date there is no question that the right individuals received the money
they put up for the deposit.
Requests were received from Judge Francese to attend a Seminar at St.
Lawrence University July 24th through July 28, 1989 and from Thomas Logan
to attend a Seminar at Cornell University from July 23rd to July 28th,
1989.
MR. VALDATI moved that both officers be granted permission to attend
their respective Seminars and all legitimate expenses will be a
Town charge.
Seconded by Mrs. Smith
Motion Unanimously Carried
The Town Clerk was served with six Tax Certiorari Claims --- Leemilts
Petroleum, Waldbaum's Inc., Navin Gupta, New York Telephone, Montclair
Condo Association and Cedar Hill Development Corp.
MRS. PAINO moved to refer the Claims to the Attorney to the Town to
answer and defend on behalf of the Town of Wappinger.
Seconded by Mr. Valdati
Motion Unanimously Carried
145
Several reports were received from the Engineer to the Town --- the
first related to survey wage rates. Mr. Paggi explained that they
received a notice in June from the State Department of Labor regarding
municipal wage rates for performing surveying services. If surveying
work is done in connection with a public works project or in anticipation
of such a project, prevailing wage rates must be paid. These rates,
he noted, are significantly higher that those normally paid in this
area. He included a chart which showed that these new rates are nearly
double the present rates. He had heard that other professionals were
going to contact their State representatives to object to this and he
felt the Town might want to go the same route.
MRS. PAINO moved to direct a letter to our State Representatives
voicing our objection to this legislation because we are paying for a
professional 'service which should not be subject to prevailing wage
rates.
Seconded by Mr. Reis
Motion Unanimously Carried
Since Mrs. Citarella was present, Mr. Paggi addressed her drainage
problem on Old Route 9, noting that he had made several trips to the
area, at the request of Mr. Valdati and had discussed it with the
State Department of Transportation at least six times in the last
three weeks. They have lowered the ditch line on the east side of
Route 9 twice and this is about the lowest it can go. From what he
observes, it has provided a lot of relief to both Citarella and
Antoniolli. The State has accelerated their time table on construction
of the pipe across Route 9 which should help the situation as long as
the Town cleans the stream from the west side of Route 9, at the rear
of Pizza Hut to the culvert at Antoniolli's. Perhaps the Board should
consider holding a work shop with the Highway Department in anticipation
of the State installing the pipe, so they can take the time to clean
the stream. The State, he said, has been very cooperative in putting
the time ahead to install the pipe when their schedule called for next
Spring. He felt it should be within the next few weeks after August 3rd.
Mrs. Citarella had comments to make on the sitation and was not too
encouraged that the Town cleaning the stream would make all that
difference. They never had the trouble until Pizza Hut was built she
claimed; she lives there so she should know the condition, she claimed.
Mr. Paggi contended that the Antoniolli drainage problem was documented
146
with the Town going back over twenty years, the recent problem was
due to, first the abnormal amount of rain this spring, and secondly
the culvert being blocked on the east side of Route 9 during the highway
project. It appeared that this work shop would be on the 10th of
August, if agreeable to the Highway Superintendent.
Mr. Paggi addressed the Nicodemus drainage problem, Route 376 and
Diddell Road which he visited in early June. It appears that the road
runoff from Diddell Road travels toward Route 376 but prior to reaching
that point it goes across the Nicodemus property eroding the earth and
washing away some topsoil. He recommeded that a catchbasin be installed
on Diddell Road and a pipeline constructed to the D.O.T. drainage ditch.
A new curb could then be installed to prevent the runoff from entering
the Nicodemus property. Mrs. Smith lives in that area and questioned
whether the State project of widening Route 376 had something to do
with the water runoff changing its direction. They also removed lots
of dirt making the yard flat and she wondered if that could have
attributed to their problem. Mr. Paggi did not think that these two
items would contribute to the cause of the road runoff. The work could
be done by the Highway Department and Mr. Croshier had already indicated
that if the Engineer received the D.O.T. approval he would schedule the
work. The Engineer, however, needed authorization to seek the approval
of D.O.T. and Mrs. Paino expressed her concern over the many drainage
complaints in the Town, some of which are self-created, in which case
the Highway Department or the Town should not be getting involved when
there are other pressing items to take care of. It was agreed that
they would discuss this problem with Mr. Croshier at the August 10th
work shop; Mrs. Paino agreed and added that they should find out what
the Highway Department could handle and then priortize the projects
to be addressed.
Regarding the Cacio drainage problem, South Fowlerhouse Road, Mr.
Paggi's report, dated June 14, 1989, outlined two alternatives that
would alleviate the Town's portion of the responsibility; one would
be to construct a new trunk line to intercept the groundwater and
carry it to the existing closed storm sewer system on the north side
of the road, or secondly they could lower the trunk line on the north
side of the road to capture the runoff at its point of intersection.
He claimed it would help but not 100%; they could also reroute the
gutters away from the homes to eliminate the roof runoff from entering
their basements. It was agreed that this would be taken up at the work shop.
147
Another drainage complaint, Matthews, 30 Pye Lane, was investigated
by the Engineer at the request of Councilwoman Smith. Mr. Croshier
has been aware of this problem and advised Mr. Paggi that he intends
to place a paved swale from the catch basin on the west side of the
driveway which will terminate past the catch basin and take the runoff
from the road into the closed storm drain system, to eliminate its
entrance onto the Matthews' property.
The problem at the Zeits residence at 14 Partners Road needs a small
amount of work which can be done by the Highway Department; the Engineer
went into detail in his report to the Board dated June 15, 1989. Again
it will not solve the problem 100%, it's a back yard problem. It was
Mr. Croshier's recollection that once the Town put central drainage in
the area the easements that existed became null&void, and Mr. Paggi
suggested that the Attorney verify if the easements still exist.
The last report from the Engineer relating to Wappinger Sewer Improve-
ment Area #1, noted that he was in receipt of a letter from Mr. Mitchell
of the State Department of Environmental Conservation on the compliance
schedule for said sewer district. The Town is required, per the
existing Judgement on Consent, to submit final approvable plans by
September 1, 1989. Although they have made great strides in that
direction, to meet that deadline date is unrealistic at this point
and in his letter he requested that a meeting be scheduled immediately
between the appropriate State and Town Officials to discuss an extension.
The Attorney had already sent a communication to that State Office
to this effect. Mrs. Paino noted that this will be discussed at the
next work shop meeting along with Memos received from the Attorney
relating to the Atlas Water Company and the Tri -Municipal Sewer
Commission.
Another report from the Attorney related to the actions taken at the
Public Service Commission Hearing in Albany on June 30, 1989 which he
was instructed to attend. The subject of this Hearing was the alternate
route for the proposed gas line which the Department of Environmental
Conservation and the Public Service Commission chose to change to
protect wetlands which existed along the Marcy South power line.
Contrary to what the Central Hudson representatives led the Board to
believe regarding their support of the original route, when Mr. Wood
arrived at this Hearing, it was apparent that the two agencies had
entered into an agreement to use the I S alternate route. This was
148
signed on the morning of June 30, 1989, prior to the Hearing. On
July 10th he had the opportunity to ask questions and has forwarded
another memo to the Board regarding cross examination of representatives
of the D.E.C. who were recommending the 1 S alternate route. This
coming Friday they will have to submit their legal memorandums of law
substantiating their positions for or against the 1 S alternative.
MRS. PAINO moved to accept the reports from the Engineer and memos
from the Attorney and place them on file.
Seconded by Mr. Reis
Motion Unanimously Carried
Committee Reports ---
Mr. Valdati was concerned over an ongoing road problem on the corner
of Old Route 9 and Middlebush Road which had previously been brought
to the attention of the Dutchess County Department of Public Works.
The rainy season has added to the hazardous condition and he requested
that a reminder be forwarded to the County to please correct the
condition.
Mr. Reis had no reports for this meeting.
Mr. Farina noted that the Cable Commission forwarded us a complaint
which they believed was in this Town. The address is Chelsea Cove
Drive, Hopewell Junction, which is in the Town of East Fishkill. Mr.
Farina asked that the complaint be forwarded to that town and a letter
be directed to the Cable Commission informing them of the error.
Mr. Farina read a response from Assemblyman Stephen Saland to the
correspondence we forwarded to him objecting to pending legislation
requiring municipalities to conduct a revaluation of all real property
every three years, at the expense of the Town; the objection was the
financial burden on the Town for mandated projects by the State.
It reads as follows:
Dear Mrs. Snowden:
This will acknowledge receipt of your letter of May 8th, 1989.
I appreciate you taking the time to provide me with your thoughts.
With respect to the proposed legislation requiring periodic
real property revaluation and empowering the State Board of Equalization
and Assessment to review assessment rolls and to order another re-
valuation without providing municipal aid, this measure appears to be
a program bill proposed by Governor Cuomo. Although I am not on the
committee to which this type of measure would be referred, should it
come to the floor, I would anticipate opposing it.
s/ Stephen Saland
Assemblyman
149
Thanks was due to Mr. Saland for taking this position.
Under State Aid for the Highway Department, CHIPS program, increase
in payments to municipalities, our Town included. A meeting will be
scheduled with Mr. Croshier because the Town must expend funds also in
order for us to qualify.
Mrs. Smith had no reports for this meeting.
Gordon Hirt, Wappinger County Legislator, reported that they have a
resolution to the Public Service Commission asking that they reconsider
their decision on the I S alternate and go back to the Marcy -South
line. Another item of interest re the Resource Recovery Project was
that they were taking steps on recycling education.
Resolutions ---
MRS. PAINO moved to authorize the Attorney to prepare a Local Law for
No Parking and One Way traffic on Hamlet Court.
Seconded by Mr. Farina
Motion Unanimously Carried
One of the Highway employees underwent heart surgery and will
evidently have to recuperate for an extended time. Two other employees
in the Highway have offered to give some of their sick time to him and
have asked the Board for approval of the transfer of this time.
Mr. Wood stated that as long as the Board approves, there's no problem.
It is not a gift of public funds since they are taking away from some
employees to credit another one. There may be a difference in pay
scale and that's the reason it needs the Board's approval.
MR. VALDATI moved to approve the transfer of sick days from two
Highway employees to another Highway employee at the rate of pay
specified in the request.
Seconded by Mr. Farina
Motion Unanimously Carried
Matthew Rudikoff, Project Administrator of the Tri -Municipal Sewer
Commission wrote to the Board regarding project estimated costs
for undertaking the Town of Wappinger expansion work.
This will be discussed at a work shop meeting on Thursday night.
The next item on increase of part time pay scale for highway employees
was in relation to manpower for the planned Town pickup. Terry Glass
had informed Mrs. Paino they might have difficulty in getting help for
the pickup since several employees were on vacation. They needed
150
authorization from the Board to be allowed to hire individuals at
the laborer rate of pay which would be $10.00 an hour; there would
be no time and one half rate of pay for these individuals. She was
told by Mr. Glass that there would be no problem with their contract
with C.S.E.A. since there is a provision for hiring outside help.
Mr. Wood agreed that there is a provision for this as long as it doesn't
diminish any work within the department.
MRS. SMITH moved to allow the Highway Department to hire part time
help for the Town Pick-up, at the laborer's rate of pay at $10.00
per hour, pursuant to their contract, providing there is no Highway
personnel available for this work.
Seconded by Mrs. Paino
Motion Unanimously Carried
A request was received from the Comptroller to transfer funds to
the Engineer's B Fund line item which presently has a balance of
$322.06. Mrs. Paino noted that the surveying rates will be higher
than originally anticipated, plus the fact that there has been quite
a lot of drainage work done by the Engineer due to a heavy rainy season
plus the cost of studies that the Engineer was authorized to do. These,
however, can be charged back to the districts, in some instances, such
as Wappinger Park Water District and work done in relation to Tri -
Municipal which will be charged back to the appropriate district, when
formed. Mr. Paggi added that the four major items of expense have been
the Quiet Acres Street Lighting District, Atlas Water District, Wappinger
Park Water District and the Sewer Transmission District, plus negotiations
with Tri -Municipal.
MRS. SMITH moved to transfer a sum not to exceed $50,000 from B-1990.4
to B-1440.4.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Smith questioned an amount that might have been posted twice
in the A contingency fund; it appears in April that there might be an
error of $15,000. She asked for clarification from the Comptroller.
The Secretary to the Chelsea Fire District informed the Board that
they recommended that Yvonne Tompkins be appointed to another term
on the Fire Prevention Bureau.
MR. REIS moved to confirm the reappointment of Yvonne Tompkins, Chelsea
Fire District to the Town of Wappinger Fire Prevention Bureau.
Seconded by Mrs. Paino Motion Unanimously Carried
151
Mrs. Paino noted that she had a letter from Sedore, O'Sullivan &
Letterio requesting that they be allowed to assist the Town in the
1988 audit; they listed the items they would complete for this audit.
Mrs. Smith contended that the Comptroller should now be able to
complete this work himself since the Accountants had shown him the
procedure. The letter states that Mr. Lasowski had requested the
accounting firm to assist him in preparing the information. It was
the opinion of he majority of the Board members that they would be
paying twice for this work --- the Comptroller's salary should include
completion of this audit and now it appears that extra money will be
expended for the accounting firm to do this work.
Mr. Valdati requested that the Comptroller make himself available on
an every day basis in Town Hall to assist the accountant in compiling
the information required to complete the audit. Mrs. Paino concurred
with this request.
MR. FARINA moved to authorize Sedore, O'Sullivan & Letterio to complete
the 1988 Town Audit, and also authorize the Supervisor to sign the
Agreement with the firm.
Seconded by Mrs. Smith
Roll Call Vote: 4 Ayes Mr. Reis ---Nay
Unfinished Business ---
Consideration of Paul Palmateer's request to extend the CWWIA's
water line to service a second parcel at his residence at 40
Montfort Road. Mr. Paggi informed the Board that the only problem
might be that due to the long extension there might be an inordinate
amount of sediment in the line. If the hydrant at the site is main-
tained faithfully, the problem should not occur. He wanted the Town
to know that at some future time, the line should be extended down
Montfort Road.
MR. VALDATI moved to allow Mr. Palmateer to tie his second parcel
into Central Wappinger Water Improvement Area and the installation
shall be his responsibility and at his expense.
Seconded by Mrs. Smith
Motion Unanimously Carried
Mr. Valdati asked if there was any report on the cost of the pickup
to this point. According to his information, all areas of the Town
have not been provided for in this pickup. If they had an idea of
the expenditure, so far, they could determine if everyone can be
152
serviced. If at the middle or end of October, some areas have not
been serviced, Mrs. Paino suggested that dumpsters again be placed at
the Highway Garage for the residents to get rid of the items they
could transport. Mrs. Smith remarked that this wasn't good enough.
At the last meeting Mrs. Smith asked why the Jones Cleaning Service
bill went from $250 to $300 and she was told to ask the Comptroller.
She did this but has had no response from him on the reason for this
increase and she requested that Mr. Lasowski be informed that she would
like an answer to a question asked four weeks ago.
New Business ---
Notice of intent to renew a liquor license was received from Jasmine
Entertainment, Ltd. d/b/a/ Confetti's on Route 9, Wappingers Plaza,
in the Town of Wappinger.
MR. FARINA moved to accept the correspondence and place it on file
with no comment.
Seconded by Mr. Valdati
Motion Unanimously Carried
A letter was received from Joanne Ramsay regarding a water problem on
Taryl Court. The Town Clerk reminded the Board that this road has not
yet been accepted by the Board, therefore, it is not the responsibility
of the Town to correct the problems. The matter was tabled for further
discussion.
Mr. Valdati asked that a work shop be held to discuss the pickup; it
seems that Condos are not being serviced and he would like to explore
all avenues so nobody is denied.
The Quiet Acres Street Lighting District should be considered by the
Board. A report from the Engineer puts a cost of $23.00 per year for
the annual homeowner.
MRS. PAINO moved to set a Public Hearing on the proposed Quiet Acres
Street Lighting District on August 7, 1989 at 7 P.M. to hear all
interested homeowners.
Seconded by Mr. Farina
Motion Unanimously Carried
There was no other business to come before the Board.
MR. FARINA moved to adjourn the meeting, seconded by Mr. Reis and
unanimously carried.
The meeting adjourned
7/17/89
P
at 9:35 P.M. Elaine H. Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of Wappinger
on July 17, 1989 at the Town Hall, Middlebush Road, Town of Wappinger,
Dutchess County, New York, on a proposed Local Law Requiring Managers
of Condominiums to Register with the Town Clerk and other Town Agencies.
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 Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
Mrs. Paino explained that the proposed Law was compiled by the Building
Inspector and Fire Inspector, who were both present, due to difficulties
they have had in regard to following up violations and enforcing the
existing laws in Condos since they consist up many owners. It is their
contention that the chief officer of the Owner's Association of each
Condo should register with the Town and be available if needed.
Mr. Liebermann, Fire Inspector, concurred with this explanation, adding
that there are violations existing in the common areas of the complexes
which could be a danger to human safety and they must be able to contact
a responsible person to correct the violations. The owners of these
units are not directly responsible for the common areas.
Mr. Classey, Building Inspector., added that persons representing the
managing companies for these condos do not always have the authority
to correct the violations, they have to go through the Board of Managers.
They would prefer to contact the officer of that Board themselves and
discuss whatever it is that needs correction.
At the request of some of the public present, the Town Clerk read the
Local Law.
John Knapp, President of the Wildwood Condo Association and Bob Leonard,
one of the Vice Presidents were present to make comments on the Law.
Mr. Knapp felt it was a good Law and was in favor of it. Their Condo
has tried to be cooperative with the Town Officials whenever they had
a problem and have endeavored to correct it. He noted that coops were
not mentioned, only condos. The Attorney offered his opinion that the
Law referred to multiple dwellings which would include coops although
he did not think there were any such buildings in the Town outside
the Village. Mr. Knapp was thinking of this category down the road;
he noted that in that same paragraph the Law referred to dwelling units
individually owned by a form of condominium ownership, which, confined
the Law to condos. His suggestion was that all multiple dwellings
should be subject to this Law. Also, he suggested that the Town send
notices to not just the President or Chief Officer of the Owner's
Association, but also to one of the Vice Presidents of the Board, in
the event the President is away or not available.
Mrs. Paino agreed and thought that section should be amended to read
at least two people should register with the Town. If "coop" was
added to the Law, it would have to be readvertised and another public
hearing held, however, adding two people instead of one to be required
to register would not alter the Law. Mr. Wood added that it is a
different situation between the layout of a condo and a coop; in a
coop you own a share of everything but you do not own the single unit
and in this case you would contact the corporation who would be
responsible for the whole project. The condo is individually owned
and this creates a entirely different situation.
Mr. Knapp asked if they would receive a receipt after registering
with the Town Clerk so they could be assured that it was received.
Actually there was no provision in the Law for this, but the Attorney
noted that if they requested a receipt at the time they were registering,
he was sure the Town Clerk would acknowledge this request.
Alyson White, President of Montclair Condo Association, felt that all
members of the Board should register and since they just notify the
management to correct the violations that may exist, the Town should
send notices to the managing agency to comply with this registration.
In case the Town Board doesn't realize it, Condo Boards are made up
of volunteers and it's extremely hard to get people to serve on them,
and a law like this is no incentive for them to get involved. She
thought it would be simple just to put a sign on the property, this
is the managing agent and this is the phone number ---that would be a
simple solution. They're being paid to do these things, it's not
the responsibility of the Condo Board. Ms. White said she sees the
need, but this is not the way to do it.
John Knapp, President of Wildwood Condo brought up the fact that with
most condos, the management company is allowed to spend a specified
amount on items without the authorization of the Board of Managers,
and in his case it's $2,500. What money is the Fire Inspector and
Building Inspector talking about referring to violations. In some
cases, they will be able to immediately correct it, but maybe not in
all cases.
Dave Sarano, President of Woodhill Green Condos, curious about their
concern of violations in the condos since some of them existed before
they converted and why weren't they corrected before.
The Building Inspector responded that this was a matter between the
previous owners and the person who bought the individual unit; these
should have been corrected at the time the unit was sold. He also
commented that in most cases they will be dealing with the management
companies since they are available, and it has been pointed out that in
most cases, they are authorized to spend a certain amount of money; also
he assured the condo people that the Town is not out to bring them to
court, they just want to work with them to keep everything safe.
There were no other comments made either for or against the proposed
Local Law.
MR. FARINA moved to close the Public Hearing, seconded by Mr. Reis
and unanimously carried.
The Hearing closed at 7:30 P.M.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON
A PROPOSED LOCAL LAW REQUIRING
MANAGERS OF CONDOS TO REGISTER
WITH TOWN CLERK
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on July 5th, 1989, your deponent posted a
copy of the attached notice of Public Hearing on a proposed
Local Law Requiring Condo Managers to register with the
Town Clerk, 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.
Sworn to before me this /7
day of , 1989.
0
NOTARY PUBLIC
kA
Elaine H. Snowden
Town Clerk
Town of Wappinger
d
CECILE S. HAWKSLEY
NOTARY PUBLIC, STATS OF NSW YORK
N0.4866032
QUALIFIED IN OUTGUESS COUNT!
COMMISSION EXPIRES AUG. 4,1
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
NOTICE OF PUBLIC HEARING•
'
PLEASE TAKE NOTICE that the
Town Board of the Town of Wapp- 1
inger will conduct a Public Hearing
on the 17th day of July, 1989, at 7;25
o'clock, or as soon thereafter as the
public can be heard to consider the .4
adoption of a Local Law, requiring
motorists to stop at the following -_
intersections :, ^,.ter^:;)-•
Smithtown Road at its Intersection
with Cooper Road'
Cooper Road at As intersection `
with Old Route 9 .:,
`New Road at its tntersection with
Old Route 9 ands: ,Ft ++
St
onto Old Roagedoorute° mtersectlon
Anyone wishing to tilt heard fn this
matter should ,be,presenti.at the
above date and timees of the 1
entire text of the Lbcal Law are
available at,lhe..,Officapf,ttre Town
Clerk of the Town of Waapppinger.
BY DER OFTHE.TOWN BOARD
TOWN OF WAPPINGER.
Y: ELAINE SNOWDEN
TOWN CLERK 1
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
E1isakgth..Inap]cgz 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
.. :�k�... day of a 1 y 19.8.9. and on the
following dates thereafter, namely on
and ending on the 5 th
19..82 both days inclusive.
day of July
ce&eved4,
Subscribed and sworn to before me
this 5th day of . J ....8...jj...j..� 1Q.9
Notary Public
My commission expires
RACHEL WISHART
NOTARY PUBLIC, STATE OF NEW YORK
OUAUFIED IN DUTCHESS COUNTY
M 14-4855902 Q1�
COMMISSION EXPIRES MARCH 31. 19.(�
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
' NEW YORK - 12590
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the
Town Board of the Town of W p-,
Inger will conduct a Public Hearing
on the 17th day of July, 1989, at 7:00
p.m., or as soon thereafter as the
public can be heard to consider the
adoption of a proposed Local Law
which would require the Board of
Managers of all Condominiums
within the Town o1 Wappinger to
register with the Town Clerk, pro-
theing
o�Ma��ensdss, efthe.ManeApr,and the name of a par responsi-
ble for the common arses with regard
to the enforcement df: all Town and
State Codes. .
• A full text of the proposed Local
Law is on fib with the Town Clerk '
and available for public Inspection
prior to the Public Hearing AI! per-
sons interested In speaking with
respect to said. Local law shall be
present at the poresaiddree and
place.. . ...sXia.,�,�,.{. 00::
BY ORDER OF THE.NN B
TOOARD
WN'OF;WAPPINGEpR�
ELAI � n K
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Eli*akg „zn4gkg4 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
5 t ?... day of 19.8.9. and on the
following dates thereafter, namely on
and ending on the 5 th
19.B.9 both days inclusive.
day of July
C41,2,&,k ,I4etedsv
Subscribed and sworn to before me
this 5th day of
tom
Notary Public
My commission expires
RACHEL WISHART
NOTARY PUDLIC, STATE OF NEW YORK
QUALIFIED IN DUTCHESS COUNTY
# 14-4855902 -
COMMISSION EXPIRES MARCH 31, 19.,(„
A Public Hearing was held by the Town Board of the Town of Wappinger
on July 17, 1989, at the Town Hall, Middlebush Road, Town of Wappinger,
Dutchess County, New York, on a proposed Local Law Amending_Previous
LoC.air:LaWsmith regard to Gas Fired Cooking Apparatus.
Supervisor Paino opened the Hearing at 7:31 P.M.
Present: Others Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Thomas Wood, Attorney
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 for comments from those present in regard to the
proposed Local Law.
John Knapp, President of Wildwood Condo, said that he understood the
intent of the law and the main concern is for the safety of those who
live in multiple dwellings, but for all intents and purposes, this Law
actually eliminates the use of any such cooking apparatus in condos, etc.
They can't be used on balconies, on outside your door, it must be ten
feet away, plus you can't store it inside during the winter. He
realized that people can be careless with this type of cooking and
compared it to those who cooked this way in private homes using the
same methods. They use it in their garages, on porches, etc. and if
it blows up, it endangers or kills a family; the same with multiple
dwellings only there are more families. If the Town wants to pass
such a Law, it should apply to everybody.
The Fire Inspector explained that there are different laws for
multiple dwellings because there are more people involved. Mr.
Classey added that the laws are much more restrictive with multiple
dwellings. In single homes you are responsible for yourself and
family but in multiple homes there are many more people and families
involved and one person could be responsible for endangering all their
lives.
Bob Leonard, Wildwood Condo, felt the law was discriminatory; the
Condo consists of individual owners who are interested in the safety
of others; the Condo Board is also responsible in providing for the
safety of others and would certainly make sure no danger exists.
Mr. Wood explained that the laws for multiple dwellings which include
condos and coops have always been more restrictive under Fire Code
Laws and they always have to keep up with changes in the Code, unlike
single family homes.
Dave Sarreno, Woodhill Green, asked if they were talking about propane
grills; the text of the Law was repeated --"electrical or charcoal
burning or liquid propane gas fired portable cooking apparatus".
White Gate Condo, remarked that the tanks were federally
inspected and the tanks themselves are not the trouble, it's usually
the operator of the tank who makes the mistakes if there are problems.
Alyson White, Montclair Condo, questioned whether anyone had researched
number of accidents relating to charcoal grills.
The Building Inspector said they were only concerned with propane grills
and he just had a discussion with the Fire Inspector and they have
discovered that the law being considered at this Hearing was a copy of
one from the Town of Poughkeepsie and they did not realize that they do
not need the wording contained in that Law for this Town.
This being the case, Mrs. Paino recommended that the matter be tabled
pending an opinion from the Attorney; the other Board Members agreed.
This Law would be defeated at the regular Town Board Meeting following
the Public Hearings and a work shop will be held with the Attorney,
Building and Fire Inspector and anyone who wishes to attend to discuss
the law that they want to put before the residents.
Carolyn Bay asked if charcoal grills would be excluded from a future
law since they are not considered flammable. What about the liquid
that people pour on the charcoal; that is very flammable and it's
always left out on porches where children have access to it. If
they okay charcoal and not propane, she doesn't understand since there's
not that much difference when it comes to a threat to children.
Bob Leonard, Wildwood, commented that if anyone had ever seen charcoal
ignite, the flame is far greater than propane.
MRS. PAINO moved to close the Public Hearing, seconded by Mrs. Smith
and unanimously carried.
The Hearing closed at 7:50 P.M.
Z/tA.ome2t
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW AMENDING
PREVIOUS LOCAL LAWS ON THE
FIRE PREVENTION CODE WITH
REGARD TO GAS FIRED COOKING
APPARATUS
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and -
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on July 5th, 1989, your deponent posted a copy
of the attached notice of Public Hearing on a proposed
Local Law Amending Previous Local Laws on the Fire Prevention
Code with Regard to Gas Fired Cooking Apparatus, 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.
Sworn to before me this
day of
1989
NOTARY PUBLIC
OHIO StH. Snowden
Town Clerk
Town of Wappinger
CECILE S. HAWKSLEY
NOTARY PUBLIC, STATE OF NW TORS
NO.4866032
QUALIFIED IN DUTCHESS
COMMISSION EXPIRES AUG. 4,1 d
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
NOTICE OF PUBLIC HEARING • 7
PLEASE TAKE NOTICE that the
Town Board of the Town of Wapp-
inger will conduct a Public Hearing
on the 17th day of July, 1989, at 7:10
P.M. o'clock, or as soon thereafter
as the public can be heard to con-
sider the adoption of a Local Law,
amending the'Town's Implementa-
tion, of the New -Rork, State Fire
Preventton Code by adding thereto
the following requirements with
respect to gas`fired cooking
apparatus: r t,
• Section E :Gas' fired rrdogng
paratus. In enyy,�desbbe
as a multiple dweNing, shall be
no electrical brcharcpahb9,ning or
liquid: ploPape�,pas.,Aced,portablecooking
side any stra►oture tuotry ed or stored
within 10. feat (*any structure.
Anyone wishing to be heard in this
matter should be present at the
above dale and time. Copies of the
entire text of the Local Law are
available at the Town Clerk of the
Town of Wappirver.
BY ORDER OF THE TOWN BOARD
TOWN OF WAPPINGER
INE SNOWDEN
TOWN CLERK
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Ell*abgth. Inagi= 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
..kl... day of auly 19.8.9. and on the
following dates thereafter, namely on
and ending on the 5'th day of July
19..82 both days inclusive.
Subscribed and sworn to before me
this 5th day of . Judy ��- -�,• 19../4 4)4-
Notary Public
My commission expires
RACHEL WISHART
NOTARY PUNIC, STATE DF NEW YORK
QUALIFIED IN OUTCHESS COUNTY
M
14-4855902 ((�}�
COMMISSION EXPIRES MARCH 31, 19.L`
A Public Hearing was held by the Town Board of the Town of Wappinger
on July 17, 1989, at the Town Hall, Middlebush Road, Town of Wappinger,
Dutchess County, New York, on a proposed Local Law Controlling Littering
and Regulating the Storage of Garbage and Refuse.
Supervisor Paino opened the Hearing at 7:51 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
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
The Supervisor asked for comments from the public either for or against
the proposed Local Law.
She explained that this Law was prompted by the large amounts of
littering that can be seen along State, County and Town roads. There
have been people who have banned together and cleaned their neighborhoods
in an effort to keep the Town clean and she commended them for the time
and effort they expended, but felt it was now time for the Town to put
a law on the books to help keep it clean.
No other comments were made either for or against the proposed Local
Law.
MRS. SMITH moved to close the Public Hearing, seconded by Mr. Reis
and unanimously carried.
The Hearing closed at 7:55 P.M.
iauu
Elaine H. Snowden
Town Clerk
•
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW TO PROHIBIT
LITTERING AND REGULATE THE
STORAGE OF GARBAGE
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on July 5th, 1989, your deponent posted a copy
of the attached notice of Public Hearing on a proposed
Local Law to Prohibit Littering and Regulate the Storage
of Garbage, 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.
Sworn to before me this
day of
1989.
L\S-14VIAtAILL,
Elaine H. Snowden
Town Clerk
Town of Wappinger
17d
NOTARY PUBLIC
CECILE S. HAWKSLEY
NOTARY PUBLIC, STATE OF NSW YORE
NO. 4866032
OUNJFlED IN DIMNESS
COMMISSION EXPIRES AUG. 4,1 0
Southern Dutchess News
914 297-3.723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
NOTICE OF PUBLIC HEARING I
PLEASE TAKE NOTICE that the j
Town Board of the Town of Wapp-
inger will conduct a Public Hearing
on the 17th day of July, 1989, at 7:20
p.m.. or as soon thereafter as the
public can botteard to consider the 1
adoption of a.proposed Local Law
which would prohibit'Littering and
would regulgte'the storage of gar-
bage and (efUsewtfhin the Town of
Wappinger, ind'ihvose penalties for
the violation.dfihe ns of the
Law. u�d ar.,
A full text of the Proposed Local
Law Is on fire widl.the;Tpyvn Clerk
and available:for public Inspection
prior to the Public Hearing: M Per-
sons Interested in;speaking with
respect to,said Local Law shall be
present at the'atoreyeid time and
place. ' . it .t; h . _.
BY ORDER OF THE TOWN BOARD
TOWN OF WAPPINGER
Y: ELAINE SNOWDEN
TOWN CLERK
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Elisab@trh„I8gckgx 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
..5th... day of au1y 19.8.9. and on the
following dates thereafter, namely on
and ending on the 5th day of July
19.88 both days inclusive.
P44- •L`X'49-(
Subscribed and sworn to before me
this 5th day of . Jl?1-y.4
My commission expires
JJ19.//8ii9
a4
Notary Public
RACHEL WISHART
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIED IN DUTCHESS COUNTY
if 14-4855902 Q
COMMISSION EXPIRES MARCH 31, 19.:0
A Public Hearing was held by the Town Board of the Town of Wappinger
on July 17, 1989, at the Town Hall, Middlebush Road, Town of Wappinger
Dutchess County, New York, on a proposed Local Law Regulating Traffic
in the Town of Wappinger.
Supervisor Paino opened the Hearing at 7:56 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
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
The Supervisor asked those present if there were any comments or
questions on the proposed Local Law.
No one offered comments or asked questions on the Law.
Mrs. Paino added that the Stop Signs at the intersections outlined in
this Law, were requested by the Highway Superintendent and by approving
this Law, the Town Board would be authorizing him to install said signs.
MR. REIS moved to close the Public Hearing, seconded by Mr. Farina and
unanimously carried.
The Hearing closed at 8:00 P.M.
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 AUTHORIZING
STOP SIGNS AT VARIOUS INTERSECTIONS
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on July 5th, 1989, your deponent posted a copy
of the attached notice
of Public Hearing on a proposed
Local Law Authorizing Stop Signs at Various Intersections,
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.
Sworn to before me this
day of lid -14' 1989.
11
LL
NOTARY PUBLIC
-007L 0\
Elaine H. Snowden
Town Clerk
Town of Wappinger
CECILE S. HAWKSLEY
mnmwmmuc,mwmomwmaz
NO. 4866032
QUAUFIED UI DUCHESS COM
COMMISSION EXPIRES AUG. 4, 1W..4