1988-09-22 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
SEPTEMBER 19, 1988
ADJOURNED TO
SEPTEMBER 22, 1988
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. RESOLUTIONS
a. Request from Compt. for Transfer of Funds to Zng. Adm. Accn't
from Contingency
b. J. Paggi, Eng. to Twn., request authorization for expenditure
of $2,500.00 ± for Pump Test for Wappinger Park Water Dist.
(w/Corr.)
c. Adopt ORDER Establishing Wppinger Park Water District
d. Authorize the refunds of various Cash Bonds: 1. J. Railing,
deposit for Temp. C.O.; 2. J. Morse, site Plan Fee;
3. Peter Murphy, Glenn Thomas and Kendall Farms -Driveways
e. Corr. A. Roberts, Attny, re: Lapar Settlement
f. Adopt Local Law for Recreation Fees in lieu of Land increase
and, Resolution to increase said fees to $900 per lot
g. Adopt Local Law reducing number of Cons. Advisory Council members
consider naming add'l members to fill remaining vacancies
h. Adopt Local Law re: Flood Damage Prevention Law
i. Adopt Local Law re: "STOP" signs at various intersections
j. Consider adoption of Ambulance District with or without change
k. Authorise Compt. to borrow Funds for Tall Trees Water District
1. Consider exclusion of Contrail Associates Building Lot from
Rockingham Sewer Dist. Set Public Hearing
m. Supervisor's Proclamation re: POW/MIA Recognition
n. Request for STOP signs on Kent Rd. (Corr. from J. Paggi)
o. Shaker, Travis & Quinn, Inc. re: Repair of Wing Outside Air Coils
p. Authorize Assessor to prepare Assessment Rolls for Water and
Sewer Dists. and Improvement Areas
4. UNFINISHED BUSINESS
a. R. Breglia re: request funding for essential studies of the
Wappingers Lake
5. NEW BUSINESS
6. ADJOURNMENT
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The adjourned meeting of September 19, 1988, reconvened on September
22, 1988, at the Town Hall, 20 Middlebush Road, Town of Wappinger,
Dutchess County, New York.
Supervisor Paino opened the meeting at 7:35 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
The Supervisor requested all to join in the Pledge of Allegiance to
the Flag and a moment of silent prayer for the Town of Wappinger and
its residents.
Resolutions ---
The first item was a transfer to the Zoning Administrator's account
in the amount of $324.44. Mrs. Smith questioned why he exceeded
his budget line and was told by Mrs. Paino that he had spent a lot
of money on film to document violations by some residents when taking
the matter to court. Mrs. Smith stated that she was getting a lot
of calls about Mr. Levenson harassing people and she is concerned
about that. Her intent was to have a work shop meeting scheduled
to discuss this matter.
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
WHEREAS, the Zoning Administrator has exceeded his line item
01-07-8015.40 in the amount of $324.44,
BE IT RESOLVED, the Town Board authorized the transfer of
$324.44 from 01-01-1990.40 to 01-07-8015.40.
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
A request was received from Mr. Paggi for the Town Board to authorize
the expenditure of $2,500.00 ± for a pump test for the Wappinger
Park Water District.
Mrs. Smith moved to authorize an expenditure up to $2,500.00 for
the pump test For Wappinger Park Water District, as requested by
the Engineer.
Seconded by: Mr. Farina Motion Unanimously Carried
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Tne next two resolutions related to the establishment of the
Wappinger Park Water District:
The following resolution was offered by COUNCILMAN VALDATI who
moved its adoption:
Whereas, a Full Environmental Assessment Form has been
received by the Town Board with respect to the Wappinger Park
Water District, and
WHEREAS, based upon a review of said Environmental Assessment
Form, the Board can make a determination under SEQR, and
WHEREAS, said Full Environmental Assessment Form was
available for public review and comment on September 8, 1988,
BE IT RESOLVED that the Town Board, as lead agency, has
determined that the proposed action will not have a significant
effect on the environment and a Draft Environmental Impact
Statement will not be prepared, and it is further
RESOLVED, that this is an unlisted action under SEQR, and it
is further
RESOLVED, that the establishment of the Wappinger Park Water
District is merely a change in ownership of the Water System
already existing.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
RESOLUTION FOR ESTABLISHMENT OF WATER DISTRICT
AFTER PUBLIC HEARING
The following resolution was offered by COUNCILMAN VALDATI who
moved its adoption:
WHEREAS, the Town Board on its own motion following an
informal request of the citizens of the area presently serviced
by the Wappingers Park Homes, Inc. Water Company, directed a
study be performed, and
WHEREAS, said Town Board duly adopted on the 15th day of
August, 1988, 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 8th day of September, 199, at
7 o'clock p.m. to consider said _petition 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 did,
at the time and place specified in said order, duly meet and
consider all persons interested in the subject thereof who
appeared at such time and place, concerning the same, and
WHEREAS, the evidence offered at such time and place
requires that the Town Board make the determinations 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:
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(1) That all of the property and property owners, within
the proposed Water District are benefitted thereby.
(2) That all of the property and property owners benefitted
are included within the proposed Water District.
(3) It is in the public interest to establish the proposed
Water District as hereinafter described, and be it
FURTHER RESOLVED that the Town Board does hereby approve
the establishment of a Water District as hereinafter described
in Schedule A to be known as WAPPINGER PARK WATER DISTRICT, and
be it
FURTHER RESOLVED, that the following improvements in said
district be constructed upon the required funds being made available
or provided for (See Schedule B Annexed) and be it
FURTHER RESOLVED, that the proposed improvements including
cost of rights of way, construction costs, legal fees and other
expenses shall be financed as follows: By using a Bond in the
maximum amount of $200,188.00 repayable over twenty years, and be it
FURTHER RESOLVED, that the Town Clerk be and she hereby is
authorized and directed to file a certified copy of the 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 Water District in
the manner and form prescribed by Section 194 of the Town Law
of New York, within ten days after the adoption of this resolution,
and be it
FURTHER RESOLVED, that the Town Supervisor be, and she hereby
is authorized and directed to execute said application on behalf
of the Town of Wappinger, New York.
District Boundary, Wappinger Park Water Works
23.8± Acre District
Beginning at a point, said point being the Northwest corner of
Parcel A as shown on a Subdivision May entitled "Diane Benedetto"
on file in the Dutchess County Clerk's Office as map number 3674;
said point, aoso being the northeasterly corner of Lot 1, Block A
as shown on a map entitled "Revised Map of Indian Ridge" on file
in the Dutchess County Clerk's Office as map number 2872, said
point also being on the southerly line of Old Hopewell Road,
thence leaving common corner and said southerly road line and
running along the westerly line of said Benedetto South 80 11'
00" West 915.10 feet to a point being the Southwest corner of
Parcel C on said Benedetto Subdivision; said point also being
on the northerly line of lands now or formerly Maslolino; thence
leaving said southwesterly corner and running along the northerly
line of said Maslolino North 840 03' 40" West 255.42 feet to a
point being the Northwest corner of said Maslolino; said point
also being on the easterly line of lands now or formerly Card;
thence leaving said northwesterly corner and running along the
easterly line of said Card the following couEses and distances:
North 140 05' 40" West 140.51 feet, South 59 28' 00" West
321.15 feet, South 590 45' 20" WEst 487.35 feet, North 300 32'
00" West 345.00 feet, North 130 41' 30" West 172.78 feet, North
590 28' 00" East 69.85 feet, North 300 32' 00" West 193.43 feet,
and North 170 05' 00" East 247.00 feet to a point being on the
southerly line of lands now or formerly Kowalsky; thence leaving
said easterly line of Card and running along the southerly and
easterly line of said Kowalsky the following courses and distances;
South 720 55' 00" East 130.72 feet, South 740 16' 00" East 369.29
feet, North 30 33' 00" East 63.26 feet, North 370 47' 00" East
155.12 feet, North 60 05' 00" East 29.03 feet, North 100 57' 00"
West 112.51 feet, and North 100 00' 00" East 210.08 feet, to a
point being in the Northeast corner of said Kowalsky and said
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point being on the southerly line of said Old Hopewell Road; thence
leaving said northeasterly corner and running along said southerly
road line South 75 09' 50" East 338.55 feet, and South 810 05' 40"
East 377.36 feet to the point of beginning containing 23.8± acres
of land.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
Requests were received for release of various Cash Bonds held by
the Town pending satisfactory completion of the work. John Railing
enclosed a copy of his Certificate of Occupancy and requested the
release of the $5,000.00 cash bond dposited with the Town in respect
to his Temporary Certificate of Cccupancy. Mr. Classey issued the
Certificate of Occupancy which indicated that the building is
complete and correspondence was received from the Zoning Administrator
recommending that the cash bond of $5,000.00 be released.
MR. VALDATI moved to authorize the release of the $5,000.00 to
Barger, Gray and Railing, upon the recommendation of the Building
Inspector and the Zoning Administrator.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. Jason Morse requested a refund of $50.00 for a site plan fee
which, after review by the Planning Board, was determined not to
be required.
MRS. SMITH moved to refund $50.00 to Mr. Morse, as recommended by
the Zoning Administrator.
Seconded by Mr. Farina
Motion Unanimously Carried
Requests for return of Driveway Bonds were received from Peter
Murphy, Glenn Thomas, Kendell Farms Driveways on Lots # 57,58,
64, 67, 73 & 60. Recommendations were received from the Building
Inspector and the Highway Superintendent that the work was completed
and cash bonds should be release.
MRS. PAINO moved to release the Cash Bonds in the amount of $250.00
each to the above stated residents.
Seconded by Mrs. Smith
Motion Unanimously Carried
Correspondence was received from Attorney Albert Roberts, representing
Rudolph Lapar.
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Mrs. Paino noted that a work shop meeting has been scheduled for
September 29, 1988.
MRS. PAINO moved to accept the correspondence and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
A Public Hearing was held on a proposed Local Law to Increase
Recreation Fees in Lieu of Land, by the Town Board on September 19,
160 1988 and the matter was now placed before them for their consideration.
Mrs. Paino noted the it is the Town's Policy to accept the land first
if it is available, however in some cases they must take the money
and this Local Law enables them to set the fee by resolution.
SUPERVISOR PAINO moved to adopt Local Law #12 of 1988 as follows:
A LOCAL LAW INCREASING THE RECREATIONAL
FEES OF THE TOWN OF WAPPINGER
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION I. Legislative Intent
The Zoning Ordinance and the Subdivision Regulations of the
Town of Wappinger presently require payment of a Recreation Fee
upon the approval of a subdivision based on a per lot amount.
The Town Board determines that the amounts to be paid per lot is
in need of being adjusted and by this Local Law seeks to adjust
the amount of the Recreation Fee.
SECTION 2. Recreation Fee Established
The Town Board of the Town of Wappinger shall by Resolution
adopted from time to time set a fee to be known as the Recreation
Fee to be paid on subdivisions designated by the Planning Board
prior to the release of the Subdivision Map to the developer.
Said fee shall be determined by the Town Board and shall be
calculated by the Zoning Administrator.
SECTION 3. Effective Date
This Local Law shall take effect immediately upon its filing
with the Secretary of State.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
Both the Planning Board and the Recreation Commission had previously
recommended raising the fee to $900.00.
MRS. PAINO moved to increase the Recreation Fees in Lieu of Money
to $900.00, pursuant to Local Law #12 of 1988.
Seconded by Mr. Reis
Motion Unanimously Carried
274
A Public Hearing having been held by the Town Board on September 19,
1988 Amending Local Law No. 10 of 1987, Entitled, Enacting New
Regulations on Flood Damage Prevention and Repeal of Local Law No. 4
of 1979 Entitled Flood Damage Prevention.
COUNCILMAN VALDATI moved to adopt Local Law #13 of 1988 as follows:
A LOCAL LAW AMENDING LOCAL LAW #10
OF 1987 ENTITLED ENACTING NEW
REGULATIONS ON FLOOD DAMAGE PREVENTION
AND REPEAL OF LOCAL LAW #4 OF 1979
ENTITLED FLOOD DAMAGE PREVENTION
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows
SECTION I
The Town Board of the Town of Wappinger, being advised by
the Federal Emergency Management Agency, that an updated Flood
Insurance Study Map must be used as part of the previously
enacted Flood Damage Prevention Law, desires to bring and
implement this as quickly a possible.
SECTION 2. AMENDMENT
Local Law No. 10 of the year 1987 specifically Section 3.2
thereof, entitled"Basis for Establishing the areas of Special
Flood Hazard" be and hereby is amended to read as follows "that
the areas of special flood hazard identified by the Federal
Emergency Management AGency in a scientific and engineer report,
entitled "The Flood Insurance Study for the Town of Wappinger,
Dutchess County, New York" dated December 15, 1978 with
accompanying Flood Insurance rate maps and Flood Boundary
Floodway maps is hereby adopted and declared to be part of
this Local Law. The Flood Insurance Study and Maps are on file
at the Town Clerk's Office, Town Hall, 20 Middlebush Road,
Wappingers Falls, New York.
SECTION 3
This Local Law shall take effect immediately upon its filing
with the Secretary of State of the State of New York.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
COUNCILMAN FARINA moved to adopt Local Law #14 of 1988 as follows:
A LOCAL LAW REGULATING TRAFFIC
WITHIN THE TOWN OF WAPPINGER
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION I. 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:
Daley Road at its intersection with Maloney Road
Maloney Heights Road at its intersection with Maloney Road
Scott Drive at its intersection with Doyle Drive
Doyle Drive at its intersection with Scott Drive
The southerly side of Scott Drive at its intersection
with Doyle Drive.
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SECTION II. FINES
Any vehicles failing to observe the stop signs above described
shall be subject to prosecution for violation of this Local Law
and shall be subject to punishment by a fine not to exceed $50.00.
A violation of this Local Law shall be deemed a traffic infraction.
SECTION III. EFFECTIVE DATE
This Local Law shall become effective upon filing with the
Secretary of State.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
SUPERVISOR PAINO moved to adopt Local Law #15 of 1988 as follows:
A LOCAL LAW TO REDUCE THE NUMBER
OF MEMBERS OF THE CONSERVATION
ADVISORY COUNCIL
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION I. Legislative Intent
The Town Board has determined that the number of members
of the Conservation Advisory Council should be reduced in order
to facilitate the obtaining of experts in this area and to
eliminate a problem of obtaining a quorum at the meetings of
the Conservation Advisory Council.
SECTION 2. Members of the Conservation Advisory Council
The membership of the conservation Advisory Board be and
hereby is declared to be five (5) members, all to be appointed
by the Town Board for terms as set forth in the Local Law
creating the Conservation Advisory Council.
SECTION 3. Effective Date
This Local Law should take effect immediately upon its
filing with the Secretary of State in Albany.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
Two public hearings were held for the consideration of establishing
an Ambulance District in the Town. It was revealed at the first one
that the Chelsea residents were being serviced free of charge by the
Beacon Voluntary Ambulance Corps. Since that time the Town Board has
had a work shop with representatives from BVAC to discuss the matter
and a member of that organization was present to speak to the Board.
Peter Dose noted that during the work shop meeting they had with
the Town Board they indicated that if the Town elected to go with
the district, they wouldlook upon that as an opportunity to withdraw
our service boundaries to the Town of Fishkill line. They will
continue to serve the residents of Chelsea until a decision is made
and if it is made not to form a tax district they will serve Chelsea
276
until such time as their Ambulance Corps approaches the Town of
Fishkill and City of Beacon to form a district for their benefit.
They have lost several volunteer members and they are in a
predicament so this might shed some light on their decision relative
to the residents of Chelsea.
MR. FARINA moved that the establishment of an Ambulance District
be put to a Town wide referendum.
Seconded by Mrs. Paino
Motion Unanimously Carried
MRS. PAINO moved to authorize the Attorney to the Town to prepare
the necessary documents to set a referendum on the Ambulance District.
Seconded by Mr. Valdati
Motion Unanimously Carried
The Comptroller has requested authorization to borrow money for
the Tall Trees Water District. Mr. Paggi explained that in lieu
of trucking in water to this district at a cost of $25,000 they
decided to rehabilitate well #1 for a cost of $3,500 which proved to
be successful. He now needed authorization from the Board to do the
work on Well No. 2 at an estimated cost of $4,500.00.
MRS. PAINO moved to authorize the Comptroller to borrow funds for
the Tall Trees Water District.
Seconded by Mr. Reis
Motion Unanimously Carried
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
WHEREAS, Contrail Associates are the owners of a single
Building Lot known as Grid #6257-02-870864 on the Town Tax Maps, and
WHEREAS, this Lot is located right on the boundary of the
Rockingham Sewer District, and since it is included within the
boundaries of the District, it presently cannot receive service
due to the fact that the sewer plant is at capacity, and
WHEREAS, the lot owner has asked that the District boundaries
be revised so as to exclude this lot from the Rockingham Sewer
District,
NOW THEREFORE, BE IT RESOLVED that the Town Board will conduct
a Public Hearing on the 7th day of November, 1988 at 7:15 P.M. to
consider changing the boundaries of the Rockingham Sewer District
by removing Tax Parcel #6257-02-87064 from said District, and be
it further
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RESOLVED, that the property owner prepare and file a Full
Environmental Assessment Form for the consideration of the Board
prior to the aforesaid Public Hearing.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
The Veteran's Association celebrated POW/MIA Recognition Day last
week and the Supervisor felt it appropriate for the Town of Wappinger
to join them. Thanks to Councilwoman Smith and Councilman Farina
they did put a celebration together last week, as did Councilman
Reis. A citizen of the Town donated the POW/MIA flag and it was
raised on the flagpole at the Town Hall.
SUPERVISOR PAINO proclaimed next week Town of Wappinger POW/MIA
Recognition Week.
Seconded by Councilman Reis
Motion Unanimously Carried
A request for Stop Signs at various intersections on Kent Road was
referred to the Engineer and the Highway Superintendent at the
last meeting. A copy of correspondence from the Engineer to the
Attorney regarding minimal sight distance at some of these locations
and the question of the liability of the Town if these Stop Signs
were installed. Mr. Wood said he would have a legal opinion for the
Engineer and the Board by their next meeting on October 3,1988.
A communication was received from Shaker, Travis & Quinn, Inc.'
who are maintaining our HV/AC system and they have indicated that
further work is needed. Mrs. Paino explained that this firm
stated that further work needed to be done at the time they were
hired to do the work. This work is not covered by the contract we
have them, however, they did say it would have to be done this Fall.
MR. VALDATI moved to authorize the expenditure based on the recommenda-
tion of Shaker, Travis & Quinn.
Seconded by Mrs. Smith
Motion Unanimously Carried
RESOLUTION DIRECTING ASSESSOR TO COMPLETE
ASSESSMENT ROLL FOR CENTRAL WAPPINGER WATER
IMPROVEMENT AREA.
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Central Wappinger Water Improvement Area
in accordance with the following standards:
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1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2
benefit unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit
assigned in accordance with the ration which the subject property
bears to the total assessed valuation within the benefited area.
f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, which would normally be assigned if the property could
be served.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
RESOLUTION DIRECTING ASSESSOR TO COMPLETE
ASSESSMENT ROLL FOR OAKWOOD WATER DISTRICT
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Oakwood Water District in accordance with
the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2
benefit unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential unit - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit
assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
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f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, which would normally be assigned if the property could
be served.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
RESOLUTION DIRECTING ASSESSOR TO COMPLETE ✓
ASSESSMENT ROLL FOR FLEETWOOD WATER DISTRICT
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Fleetwood Water District in accordance
with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2
benefit unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit
assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, which would normally be assigned if the property could
be served.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
RESOLUTION DIRECTING ASSESSOR TO COMPLETE
THE ASSESSMENT ROLL FOR THE TALL TREES
WATER IMPROVEMENT AREA
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Tall Trees Water Improvement Area in
accordance with the following standards:
280
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2
benefit unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit
assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, which would normally be assigned if the property could
be served.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
RESOLUTION DIRECTING ASSESSOR TO COMPLETE
ASSESSMENT ROLL FOR THE ARDMORE WATER
IMPROVEMENT AREA
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Ardmore Water Improvement Area in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2
benefit unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
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281
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit
assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, which would normally be assigned if the property could
be served.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
RESOLUTION DIRECTING ASSESSOR TO COMPLETE
ASSESSMENT ROLL FOR WAPPINGER SEWER
IMPROVEMENT AREA #1
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Wappinger Sewer Improvement Area #1 in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2
benefit unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation hwereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit
assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, which would normally be assigned if the property could
be served.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
RESOLUTION DIRECTING ASSESSOR TO COMPLETE
ASSESSMENT ROLL FOR ROCKINGHAM FARMS
SEWER DISTRICT
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
282
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Rockingham Farms Sewer District in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2
benefit unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit
assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, which would normally be assigned if the property could
be served.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
RESOLUTION DIRECTING ASSESSOR TO COMPLETE
ASSESSMENT ROLL FOR FLEETWOOD SEWER DISTRICT
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Fleetwood Sewer District in accordance
with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2
benefit unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
283
of all property within the benefited area, and a benefit unit
assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, which would normally be assigned if the property could
be served.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
RESOLUTION DIRECTED ASSESSOR TO COMPLETE
ASSESSMENT ROLL FOR WILDWOOD SEWER DISTRICT
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Wildwood Sewer District in accordance
with the following standards: •
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2
benefit unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit unit
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit
assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, which would normally be assigned if the property could
be served.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
284
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit
assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, whoch would normally be assigned if the property could
be served.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
RESOLUTION DIRECTING ASSESSOR TO COMPLETE
ASSESSMENT ROLL FOR THE MIDPOINT PARK
SEWER DISTRICT
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
The Town Assessor is hereby authorized and directed to prepare
an Assessment Roll for the Midpoint Park Sewer District in accordance
with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two
acres - one benefit unit. Where acreage over two acres - .2
benefit unit for each acre or part thereof over two acres.
b. Vacant residential land less than two acres - .8
benefit unit.
c. Residential acreage in excess of two acres - .8
benefit unit for the first two acres, .2 benefit unit for each
acre in excess of two acres.
d. Multi -family residential units - .75 benefit units
per residential dwelling unit.
e. Individual, commercial institutional and exempt
properties shall be assessed by a computation whereby the assessed
valuation shall be computed in relation to the assessed valuation
of all property within the benefited area, and a benefit unit
assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All those subdivisions that have received preliminary
approval prior to the date of this resolution.
g. The lands which can not be served in the judgment of
the Assessor shall be assessed at one-third of the full benefit
units, which would normally be assigned if the property could
be served.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
L
285
Prior to going on to "Unfinished Business", Mr. Valdati had one
more item under "Resolutions" which he had intended to address at
the September 19th meeting which was adjourned to this date. It had
to do with Local Law #6 of 1981 which prohibits the Town from negotiating
with Tri -Municipal based on a referendum held in November of that year.
Since the Town has voiced their opinion to deal with Tri -Municipal,
and there appears to be a question on the validity of this Local Law
that would require a referendum,and since there have been conflicting
opinions on this matter and in order to proceed jointly, it's in
the best interests of the Town to have a ruling to finally determine
the status of this Local Law.
Mr. Valdati moved that the Town file a declaratory judgment with
the courts to determine the effectiveness and legality of this Local
Law.
Seconded by Mrs. Smith
Mrs. Paino asked the Attorney for his opinion and Mr. Wood stated
that, in his opinion, there were two alternatives to deal with this
concern; one would be to subject it to a referendum of the people for
them to repeal it which, if the vote was affirmative, would remove it
as an obstacle; the second would be based upon a declaratory judgment
action to determine whether the Law is unconstitutionally vague, as
expressed by Mr. Quartararo, Attorney for Tri -Municipal. In this
case, it's an action by the Town itself to have an action of a
prior Board, declared null and void ---it's actually the Town suing
itself. If the Board chooses to go this way, Mr. Wood will institute
the route of declaratory judgment. He estimated that this procedure
would take four to five months. The minimum time for the referendum
route would be approximately 85 days.
111000 After much discussion on the declaratory judgment route vs. the
referendum route, Mrs. Paino asked Mr. Valdati if he would be
willing to amend his motion for it to include both routes.
MR. VALDATI moved to go the declaratory judgment route to determine
the legal status of Local Law #6 of 1981 and also go the referendum
route to determine the wishes of he residents.
Seconded by Mrs. Paino
Motion Unanimously Carried
286
Unfinished Business
A letter was received from Mr. Breglia, Chairman of the Wappinger
Lake Committee requesting that the Town Board consider spending
$4,200 to assist them with problems they have with the Lake.
They have requested this funding for the following essential studies
of Wappingers Lake to permit its dredging and restoration: Bathymetric
map for Wappingers Lake including surface area, length, width, depth,
shoreline length volume and watershed to Lake area ratio. Sediment
Assessment: Chemical Analysis, Particle Physical Characterization,
Sediment Map including depth and physical characteristics. This
request is in reference to the fact that the Oakwood Knolls Sewer
Treatment Plant has been in violation of its SPDES permit for several
years and sooner or later the Town will have to pay $12,000.00,
which D.E.C. has indicated that they would be willing to waive up
to $10,000.00 of that amount should the Town propose a plan to do
a project environmentally sound. It was indicated to Mr. Wood by
the D.E.C. that the project should involve the Wappinger Creek
because of the discharge.
MRS. PAINO moved that a copy of Mr. Breglia's letter be forwarded
to the D.E.C. with a cover letter from either the Attorney or
Engineer to the Town asking if this project would be satisfactory
to them in lieu of a fine, and if approved, authorize the expenditure
the $4,200.00 to be used for the studies for the Wappinger Lake.
Seconded by Mr. Reis
Motion Unanimously Carried
New Business
Mr. Wood, on behalf of the Board of Ethics, was asked to file with
the Town Clerk for distribution to the Town Board, a copy of their
decision for their review and consideration at the next meeting.
Mr. Valdati asked about the presence of Deputy Sheriffs at the
Town Hall acting as a patrol force during the past few weeks.
This has not been authorized to his knowledge and he wanted to
know why this came to be.
Mrs. Paino replied that this could be discussed with Carl Amburgey,
but Mr. Valdati still wanted to know who authorized the presence of
the Vandalism Patrol at Town Hall.
MRS. PAINO moved that this matter be discussed at a work shop meeting.
Seconded by Mr. Reis Motion Unanimously Carried
287
Residents on Valley Road have indicated that they are concerned
about the fact that the school transportation employees do not want
to turn around on the cul-de-sac on that road; they feel it should
be wider to allow for the bus to make that road. The Engineer
and Highway Superintendent were requested to get together with the
school transportation and discuss this matter with them and hopefully
arrive at a mutual agreement.
Mr. Johnson was recognized by the Chair and offered to sign the
papers for a declaratory judgment of Local Law #6 of 1981 since he
sat on the Board at that time.
Mr. Johnson also brought up the fact that he lives behind the
Mid -Point Sewer Plant and there are people there that he believes
to be workers who are using foul language and although they might
not think they are being heard, it is very audible to the residents
in the area. He requested that this be brought to their attention.
There was no other business to come before the Board.
MRS. PAINO moved to adjourn the meeting, seconded by Mr. Reis and
carried.
The meeting adjourned at 8:25 P.M.
Mtg. of 9/22/88
Elaine H. Snowden
Town Clerk