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1988-09-19 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING SEPTEMBER 19, 1988 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES: Reg. Aug. 15, '88 special Aug. 30, '88 4. REPORTS OF OFFICERS: Compt/Sup Town Justices Hydrant Rec. of Taxes Zng. Adm. (May,June,July) 5. PETITIONS & COMMUNICATIONS a. Mr. & Mrs. Greggo request "School Bus Stop" signs at intersection of Ketchamtown & old Ketchamtown Rds b. Petition for Speed Limit on Bowdoin Lane c. Chas & Gail Geary, The Hamlet re: Notice of Intent to renew Liquor License, & Friendly Deli Notice of Intent to apply for off premisis tic. d. Service of Tax Review from Wappingers Falls Plaza Associates e. Requestf for permission to attend various conferences & schooling from:4Judge Francese 2.H. Leuenson 3. Assessors & Court Clerks if. DARC Corr: 1. Ms. Barca, 27 Kendall Drive to remove house from list 2. corr. re: 36 Split Tree, 4 Gary Place, & 10 Deer Run .)g. Corr. from J. Paggi, Eng to T/W 1'7.re: Fleetwood Water Dist. 2. Tall Trees Water System 3. Pondview Pump Station overflow h. E. Hawksley, Ch. Plng.Bd. reT/W Soil Erosion Control Ord. 4i. Application of Edward Duffy for Vacancy on Planning Board j. Term of N. Thos. Slocum on Bd. of Assessment review expires 9/30 f k. Jos. Grogan, P.E. D. CO. Dept. public works, re: intersection of Myers Corners Rd. and Montfort Rd. 4 1. Ed. Dominello, Chief, Hughsonville Fire Dist. re: Fire Hydrants Judge Francese Corr. re: recovery of Forfeited. Bail Bond money in. Receipt of reduced letter of Credit for Highland Glen Dev. Corp. o. Response from Tri -Muni on F. EIS for Wastewater Treatment Facilities Plan %/p. Carlo L. Picciotti, Mocassin View Rd. re: belonging in Water Dist. ./q. David Wood - resignation from Architectural Review Bd. J r. D.A.MAstropietro, DOT re; Sidewalk issue for reconstruction of Rte 9 Js. Informational: W.E. Bath ick, CE, County re School Speed Limit requests 2.M. Lieberman to Fishkill Montclair Association re: Fire Lanes Village of W.F. re: Public Hearing for Zoning Change on Rte 9 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Decision on Wappinger Wastewater Treatment Facilities Plan J b. Request from Compt. for Transfer of Funds to Zny Adm accnt from Cont. ..ng. c. J. Paggi, Eng to T/W request authorization for expenditure of $2500 ± for Pump Test for Wappinger Park Water Dist. (w/Corr.) ✓ d. Authorize the refunds of various Cash Bond. 1. J.Railing, deposit for temp. CO 2. J. Morse, Site Plan Fee13. Murphy, Thomas and Kendell Farms e. A. Roberts, Attny re: Lapar Settlement Driveways f. Adopt Local Law for Recreation Fees in Lieu of Land, and, Res. to Establish fee of $900 per lot g. Adopt Local Law reducing Cons. Adv. Council Members - Add'l members 1.o complete filling remaining vacancies h. Adopt Local Law re: Flood Damage Prevention Law i. Adopt Local Law "STOP" signs at various intersections J j. Adopt Order Establishing Wappinger Park Water District k. Consider adoption of Ambulance District with or without amendment 1. Authorize Compt to Borrow funds for Tall Trees Water Dist. fm. Establish the Position of Town Supervisor as a full time position n. Supervisor's Proclamation re: POW/MIA Recognition o. STOP signs on Kent Rd. 4 p. Shaker Travis & Quinn, Inc. re: Repair of Wing Outside Air Coils i8. UNFINISHED BUSINESS A. R. Breglia re: request funding for essential studies of Wappingers L,.ke 9. NEW BUSINESS 10. ADJOURNMENT Reminder: 4 Public Hearings - beginning at 6:50 P.M. I 255 The Regular Meeting of the Town Board of the Town of Wappinger was held on September 19, 1988, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:40 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 Town and residents. The Minutes of the Regular Meeting of August 15, 1988 and the Special Meeting of August 30, 1988, having previously been forwarded to the Board Members, were placed before them for their consideration. MR. VALDATI moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Reis Motion Unanimously Carried Reports were received for the month of August from Comptroller/Supervisor, Town Justices, Hydrant Report, Receiver of Taxes and from the Zoning Administrator for the months of May, June and July. MRS. SMITH moved to accept these Reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Petitions & Communications --- Mr. & Mrs. Frank Greggo petitioned the Board for a "School Bus Stop" sign at the intersection of Ketchamtown and Old Ketchamtown Road. Mr. Greggo was present and requested that such sign also be placed between Old Ketchamtown Road and his house which is on the corner going north toward Route 9D. The reason for this request is due to the speed of the vehicles at this location and although it is posted at 35 MPH, many of the cars travel in excess of 50 MPH. There are at least 9 preschool and grade school waiting for the bus and he has seen cars nearly hit the school bus as well as pass the stopped bus. 256 MRS. PAINO moved to direct the Highway Superintendent to erect a School Bus Stop sign and discuss the locations with Mr. Greggo prior to putting the signs in place. Seconded by Mr. Reis Motion Unanimously Carried Residents of Bowdoin Lane forwarded a petition to the Board for a speed limit of 25MPH on that road; there were about twenty signa- tures on the petition and it stated that were about 20 children in an area of .2 miles and they were concerned due to the speed of the neighbors. MRS. PAINO moved to request the Dutchess County Department of Public Works and the New York State Department of Transportation to reduce the speed on Bowdoin Lane to 25 MPH. Seconded by Mrs. Smith Motion Unanimously Carried Notice of intent to apply for an off -premises beer license was received from Friendly Deli, Route 376, and a liquor license renewal from The Hamlet on Route 9D, both in the Town of Wappinger. MRS. SMITH moved to file both Notices with no comment. Seconded by Mr. Reis Motion Unanimously Carried The Town Clerk was served with a Tax Review from Wappingers Falls Plaza Associates. MR. VALDATI moved to refer this matter to the Attorney to the Town to answer and defend on behalf of the Town of Wappinger. Seconded by Mr. Farina Motion Unanimously Carried Several requests were received from Officials and Department Heads to attend various conferences: Judge Francese, Advanced Continuing Judicial Education Program at Ellenville, New York from October 2 to October 5, 1988; Judge Wilson for the two Court Clerks to attend New York State Association of Magistrates Court Clerks at Fallsview Resort and Country Club, October 2 to 5,1988; Mr. Levenson, New York State Code Certification Training School at Dutchess County Fire Control, Poughkeepsie from October 3 to 6, 1988; Mr. Logan for his Clerk to attend Assessment Administration September 18 to 23, 1988; and a late one from Mr. Lieberman to attend school September 26 to 29, 1988. L 257 MRS. SMITH moved to allow attendance at the respective conferences and all legitimate charges, plus mileage at $.22i a mile, will be a Town charge. Seconded by Mr. Farina Motion Unanimously Carried Mr. Logan noted that there will be no cost to the Town for his Clerk to attend school, other than mileage. Several correspondences were received regarding alternate sites and objections from residents to various sites plus a communication from Mary Ann Barca to remove her residence at 27 Kendell Drive from the list of alternate sites. MRS. SMITH moved to honor Mrs. Barca's request and remove her home from the alternate list for a proposed group home at 5 Drew Court. Seconded by Mrs. Paino Motion Unanimously Carried The other correspondences have been copied to the Attorney. MRS. PAINO moved to accept the correspondence and place them on file. Seconded by Mrs. Smith Motion Unanimously Carried Several communications were received from the Engineer; the first one was in regard to Fleetwood Water District. Mr. Paggi explained that they were preparing plans and specifications to submit to the Health Department for installation of additional storage facilities, per the informational hearing that was held last June and subsequent meetings with Mr. Marlow of the Dutchess County Health Department. Hopefully this agency will expedite the approval and forward it to him by the middle of October. MR. FARINA moved to accept this correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried - The second one referenced Tall Trees Water System and the inadequacy of the wells. Camo Pollution Control advised him that the No. 1 well was dropping off drastically; since No. 2 well was out of water the first one was the sole source of water to the Tall Trees residents. Water was trucked in almost on daily or bi-daily basis. Mr. Paggi contacted a firm in New Jersey that specialized in rehabilitating wells especially those drilled in rock formations, as is the case 258 with the Tall Trees wells. Due to budget constraints and cost of trucking in water for a period of time, Mr. Paggi authorized this firm to rehabilitate well No. 1 at a cost of $3,570. Pump tests were taken which determined that the well was brought back to its capacity by nearly 100%. It has been monitored daily during the last two weeks and it not only has maintained its level but it has improved steadily. Due to this success he now sought authorization from the Board to do this work on well No.2 which will be higher due to the 6" casing and will run approximately $4,500. He felt it would be in the best interests of the district to do this work then they will have a dual source of water. Mr. Valdati had checked with the residents and found they had no problem with pressure and that it seemed cleaner. MR. VALDATI moved to authorize the Engineer to proceed with the work on well No. 2 in the Tall Trees Water District at a cost of $4,500. Seconded by Mr. Farina Motion Unanimously Carried The third report was on Pondview Pump Station Overflow --- Mr. Paggi reviewed the history on the pump station and the problem of the overflow into Mr. Hussain's residence on Bel Aire Lane. The Board had previously authorized the Engineer to prepare a solution to this overflow so Mr. Hussain could have relief from this problem. Mr. Paggi devised a plan to provide an emergency overflow into an existing drainage system. He felt it was a practical solution of the problem, however, it did not receive approval from the Health Department, nor did they offer any other solution. Mr. Paggi felt they might reconsider if the Town Board contacted them. MRS. PAINO moved to direct a letter to the Dutchess County Department of Health indicating that the plan prepared by our Engineer is a practical solution to a sporadic problem and request that they reconsider their stand in this matter. Seconded by Mr. Reis Motion Unanimously Carried L 259 A recommendation was received from Edward Hawksley, Chairman of the Planning Board, that the Town adopt the Dutchess County standards and revise our Soil Erosion Control Ordinance accordingly. MRS. PAINO moved to -authorize the Attorney to prepare the necessary resolutions to repeal the Town Ordinance and adopt the Dutchess County Standards. Seconded by Mr. Reis Motion Unanimously Carried A resume was received from Edward Duffy to fill the vacancy that exists on the Planning Board. Mr. Valdati moved to appoint Barbara Gutzler to fill the vacancy on the Town Planning Board. The motion was seconded by Mrs. Smith. Roll Call Vote: Mr. Farina Nay Mr. Reis Nay Mrs. Smith Aye Mr. Valdati Aye Mrs. Paino Nay Motion Defeated Mrs. Paino moved to appoint Edward Duffy to fill the vacancy on the Town Planning Board. The motion was seconded by Mr. Reis. Roll Call Vote: Mr. Farina Nay Mr. Reis Aye Mrs. Smith Nay Mr. Valdati Nay Mrs. Paino Aye Motion Defeated Mrs. Smith noted that this appointment was tabled several times pending a recommendation from the Planning Board and they still do not have one. Mrs. Paino responded that she had discussed this with the Chairman and he said they really don't have a recommendation to offer. The term of Noel Thomas Slocum on the Board of Assessment Review will expire on September 30, 1988 and the matter was placed before the 16/ Board for their consideration. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Noel Thomas Slocum be and he is hereby reappointed as a member of the Town of Wappinger Board of Assessment Review to fill the vacancy which has occurred due to the expiration of his term, and BE IT FURTHER RESOLVED that the said Noel Thomas Slocum's term to the Board of Assessment Review will expire September 30, 1993. Seconded by: Councilwoman Smith Roll Call Vote: 5 Ayes 0 Nays 260 Mr. Joseph Grogan, Dutchess County Department of Public Works wrote to the Board regarding a sight distance problem at the intersection of Myers Corners Road (CR 93) at Montfort Road. It was also noted that Montfort Road is extremely wide at this intersection. MRS. PAINO moved to refer this matter to the Engineer and Highway Superintendent for discussion with Mr. Grogan and recommendation at the next meeting. Seconded by Mr. Farina Motion Unanimously Carried Chief Edward Dominello, Hughsonville Fire District, wrote to the Board requesting that the existing fire hydrant system be upgraded along with the proposed construction of new and additional water storage tanks in the Fleetwood Development. Mr. Paggi noted that there are no hydrants used for fire fighting purposes in that area; the hydrants are used to flush the main systems. They would need a large amount of storage and also pressure, to have such hydrants. In answer to Mrs. Paino's question on what they would need to convert the present hydrants to fire fighting ones, Mr. Paggi explained they would have to put in a remote elevated storage facility to make it adaptable for these purposes and the cost would be a substantial amount. Mrs. Paino requested the Engineer to write to Chief Dominello and explain this to him. MRS. SMITH moved to receive Chief Dominello's letter and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Judge Francese wrote to the Board regarding the recovery of forfeited bail bond money. MRS. SMITH moved to refer this communication to the Attorney to the Town. Seconded by Mrs. Paino Motion Unanimously Carried 26/ A Letter of Credit in the reduced amount was received from Highland Glen Development Corp. The request for a 70% reduction was approved at the last meeting. The Attorney reviewed the amended Letter of Credit and found it to be in proper form. MRS. SMITH moved to accept the amended Letter of Credit from Highland Glen Development Corp. which will expire December 31, 1988. Seconded by Mr. Valdati Motion Unanimously Carried A response was received from the Tri -Municipal Sewer Commission in reference to the Final Generic Environmental Impact Statement on the Town's Wastewater Treatment Facilities Report. The communication was within the comment period time allotted pursuant to SEQR regulations. MR. REIS moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Carlo Picciotti, Mocassin View Road sent a letter to the Board regarding the question of whether his property is within the Town Water District. He has been paying double rates as a tenant to the district for the past six years plus the $500.00 hook up fee. It was mentioned to him recently by another resident in that area that this property is within the Watch Hill Water District and he is entitled to this service at the normal fee. Mrs. Paino requested the Engineer to research the property to determine if it is within this district and report his findings to the Board. A resignation was received from David Wood as a member of the Architectural Review Board. MRS. SMITH moved to accept the resignation with regret and forward of letter of thanks to Mr. Wood for his service to the Town. Seconded by Mr. Reis Motion Unanimously Carried Mr. D. A. Mastropietro, Project Manager of the New York State Department of Transportation contacted the Board in relation to the matter of the sidewalk installation for the bus shelter at the Wappinger Plaza during the Route 9 reconstruction. The NYSDOT would bear the expense of the construction, however, they indicated that the Town would have to maintain them. After checking with the Highway Superintendent 262 - since it would be under the purview of his department, Mr. Croshier responded that he would not maintain them. This correspondence was one more try by that agency to encourage the Town to reconsider. Mr. Valdati felt it would be a great opportunity for the Town to have the sidewalks and recommended that a work shop be held with Mr. Croshier and endeavor to work out some arrangements with him. Mr. Farina concurred and noted that the Town of Poughkeepsie will have the bus shelters and sidewalks and it is the proper action for the Town of Wappinger to provide its residents with this convenience. MRS. SMITH moved to table action on the matter pending a work shop with the Highway Superintendent. Seconded by Mrs. Paino Motion Unanimously Carried It was requested that the Town Clerk forward a letter to Mr. Mastropietro notifying him of this action. Mr. Valdati asked the Attorney about the feasibility of creating a sidewalk district with those who would benefit by the sidewalks. Mr. Wood thought perhaps the Town could consider contracting out the maintenance of the area to a private contractor and levy the adjacent properties or make arrangements with the manager of the Wappinger Plaza. His point was that there are other avenues to pursue for the upkeep of the sidewalks. The next items under this category were informational matters; the first communication was from William Bathrick, Assistant Civil Engineer with the Dutchess County Department of Public Works re school speed limit requests. The purpose of the letter was to: re -acquaint various town and school boards with the procedure used in establishing school speed limits and is identical to the one followed when requesting an area or a linear speed reduction for a given road. MRS. SMITH moved to accept the correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried 263 The second was a Memo from Mark Liebermann, Fire Inspector, to the Fishkill Montclair Association regarding designating fire lanes and maintaining them properly. MR. VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried A Notice was received from the Village of Wappingers Falls on a Public Hearing on a rezoning request from Wenliss Park Realty to change the category of R -2F, two family residential to GB, General Business; said hearing was schedule for Tuesday, September 27, 1988 at 7 P.M. at the Village Hall. MR. FARINA moved to accept the Notice and place it on file. Seconded by Mrs. Smith Motion Unanimously Carried Committee Reports --- Mr. Valdati, Highway, had comments on the pickup last Saturday which was conducted in the Rockingham area. He had no knowledge of a resolution authorizing this pickup and it was not discussed at any recent work shops. Mrs. Paino referred to the Minutes of June 20, 1988 which included a resolution unanimously approved by the Board for hiring the Highway employees to conduct a pickup, with highway equipment, on their own time, either evenings or Saturdays. The Highway Superintendent has refused to conduct a pickup during normal work hours. It was also indicated at that time that the men would be paid time and one-half salary. The procedures that the men would follow were explained by the Supervisor as to identifying the areas that the men would service each Saturday. Mr. Valdati differed with this explanation, stating that it was not a resolution but a motion directing the Attorney to the Town to contact Richard Blair, Regional Representative of the CSEA, indicating that it was the intent of the Board to ask the highway employees to conduct a pickup in the Town using the Town highway equipment. It was not a definite plan since they discussed other aspects of this plan, when it should be done, where and so on. He felt that the Town Board should be a part of any negotiations which took place. He asked the Attorney to the Town if a resolution was in order for this action. Mr. Wood replied that it would be two parts ---first, the amount budgeted for this purpose and secondly, 264.1 the resolution of June 20th. He would have to see what the amount was allotted in the budget and who was authorized to expend it, before he could render an opinion. Mrs. Smith requested that she be copied on this opinion when it is completed. After all joined in a discussion of the pickup, Mr. Valdati referred to a letter received from the Highway Superintendent and again requested an opinion from the Attorney. Mr. Croshier had no objections to the men working on their own time, however he does object to and forbids the use of the equipment. He cites certain laws, "all tools, implements and other highway equipment owned either by the Town or the highway districts therein shall be used by the Town Superintendent in such a manner and in such places as he shall deem best, they shall be under the control of the Superintendent and be cared for by him at the expense of the Town". He requested that the Attorney also render a legal opinion on the quote in Mr. Croshier's letter. In response to a resident's question on who runs the Town, the Highway Superintendent or the Supervisor, the Attorney explained that he is an independently elected official and the only control the Town Board has over him is through the budgetary process. It was Mr. Valdati's opinion that they could sit together as officials and come to an agreement on the matter of a pickup. Mr. Farina, on a related matter, reported that at the time the dumpsters were placed at the Highway Department a few months ago, the residents dropped 128 tons of debris, at a cost of $33,680.25 to have it collected. The Castle Point Landfill is closed and the Recreation Commission has plans for more ballfields at the location. There are still tires dumped there from previous cleanups and he and Mrs. Smith have contact with two contractors to remove the tires. They have indicated that the Town employees must load the bins, he will not provide individuals to do this. Mr. Croshier has informed Mr. Farina that this is not a highway problem, and his position is that the Town Board were responsible for putting the tires in the landfill, now it is their responsibility to remove them. He felt a work shop must be held to make arrangements to remove the tires before the ground freezes. L L 263' MR. FARINA moved to schedule a work shop meeting with the Highway Department to discuss the tire removal from the Castle Point Landfill Site. Seconded by Mr. Valdati Motion Unanimously Carried Mrs. Smith, Celebration Chairman, reported that Community Day was fine, and they have started making arrangements for next year. Last Saturday, Citizenship Day was celebrated at the Town Hall; it is 200 years old and represents the day the Constitution was signed. Dial -A -Ride is trying to find a place for the buses; they have a contract for the workers which will result in an increase in every- thing. The County has never contributed toward this program, but this year they will put in $72,000 from MTA money; Federal monies, $90,000, Wappinger's share last year was 10,659.00, and for the year 1989 budget it will be $12,791.00, a 20% increase. Resolutions --- Now that the Public Hearings have been held on the environmental studies on the Wastewater Treatment Facilities Plan, pursuant to the SEQRA proceedings, it was now required that the Board submit their decision on the four alternates involved, and direct Saratoga Associates and Wardlaw Associates to put together the findings. Mrs. Paino opened the floor to the public and asked them if they had any comments to make. Those who spoke included Nick Johnson, former Councilman, Allan Rappleyea, Attorney representing the Reese Family, Don McMillen Wappinger County Legislator and Carol Sondheimer, representing the organization Scenic Hudson; all of these speakers were in favor of the Town Board choosing the alternate of Tri -Municipal. Mrs. Paino then added her comments and noted that it appeared, from listening to the residents that they were in favor of the Town taking the regional approach and opt for the Tri -Municipal. This would eliminate the alternate of rebuilding the Oakwood Knolls Sewer Plant; also there is quite a bit of controversy over putting a sewer treatment plant in parklands, that being Reese Park property, so that would strike out another option. That leaves two options when addressing a regional approach in this Town ---hooking in to Tri -Municipal and the other to build a plant south of the Reese Park property which is referred to as the new Wappinger Option. 26 Co She agreed that the Tri -Municipal option had some merit to it, however there could be some stumbling blocks to that. We would have to make certain that the Town Board and Tri -Municipal comes up with an agreement that would be for the best intereests of the residents and also be acceptable to them. We would also have to adopt a local law to repeal Local Law #6, 1981, barring future Town Boards from negotiations with Tri -Municipal and this would be put out to a referendum. Mrs. Paino moved that Saratoga Associates be directed to put together findings that the Town of Wappinger is interested in exploring an agreement to hook up to Tri -Municipal, also as a fall back position, should negotiations fail with this choice, we would opt for the new Wappingers Regional Option. Seconded by Mr. Reis Prior to the vote on this motion a lengthy discussion ensued during which time some of the Town Board Members cited reasons for not accepting this motion. Mr. Valdati noted that he had received conflicting opinions and there seems to be confusion as to the legality of Local law #6 of 1981 and he wished to make a motion to direct the Attorney to file a declaratory judgment with the Supreme Court on Local Law #6, 1981 to determine if it is a point of law. Mrs. Smith was ready to second this motion, however, it was pointed out that there already was a motion on the floor. Both Mr. Valdati and Mrs. Smith had conferred with the D.E.C. and they were told that if the Town chose the Tri -Municipal option, they were to inform the D.E.C. and the Attorney General of the Town's intent and the weight of fines being imposed on the Town, would be removed. If they went for another option, they would have to apply for a SPDES permit which would mean extra money, Mr. Valdati pointed out. He asked that the motion on the floor be amended to omit the second option, however Mrs. Paino noted that she had nothing in writing to confirm Mr. Valdati' statement and her motion stood as stated. As far as she knew the Town is under a court order which stipulates certain time restraints the Town has to meet and unless they are met, we will be find $10,000 per day. This was her understanding and unless she was notified to the contrary, she would abide by the court order. The Attorney also noted that the Attorney General's office, representing the D.E.C. in this instance, has not indicated anything to him other than on October 15, 267 there has to be a SPDES permit either on Tri -Municipal or one of the other options in order not to affectthe time table that presently exists. Mrs. Smith reiterated the statements made by the D.E.C. and added that the D.E.C. says if we choose Tri -Municipal, they will apply for the permit, if needed. We have to write to the D.E.C. and the Attorney General's office stating this is our choice, a waiver of date due to referendum which they are well aware of, and if referendum fails, we'll have a second option ready and apply for the SPDES permit and meet the new date. Mrs. Smith conducted a telephone poll in Wards 1, 2, and 3, called 50 people and Tri -Municipal was far above the other options, also In Ward 4, called 30 people and almost all of them chose Tri -Municipal. She felt they should stop talking and get on with the choice that all seemed to want. Mr. Wood was asked to make comments and told the Board that the decision was theirs to make, but if they do go for Tri -Municipal, they should sit down and come to an agreement and start the clock running with respect to the impediment of dissolving Local Law #6 of 1981 either through referendum or perhaps through litigation. Unless and until something comes through from the D.E.C. in writing, he would want to pursue it with them with respect to any extensions of time which might be necessary. Mrs. Paino recognized Bob Bristol, Saratoga Associates, Donna Wardlaw from Wardlaw Associates and Dave Hanna from Frasier Associates and asked Ms. Wardlaw if the Town Board could, under SEQRA, make a finding directing Saratoga to put together findings from this Town Board stating that we want to go in the direction of Tri -Municipal and also have the new Wappinger option available if negotiations fail. It was Ms. Wardlaw's opinion that if you choose Tri -Municipal alone, you must stick to that option, SEQRA makes no provision to change your mind. If there is a problem in the future with the alternate the Board has chosen, they must reopen the proceedings for another alternate and go through the same schedule again. The Supervisor reiterated her motion and asked for a roll call vote. MRS. PAINO moved to direct Saratoga Associates to prepare findings based on the Town's choice of hooking up to Tri -Municipal and a secondary choice of Wappinger Regional Option, in the event the negotiations fail on the first choice. Seconded by Mr. Reis 268 Roll Call Vote: 5 Ayes 0 Nays Mr. Farina wanted it to be on the record that he was for the Tri - Municipal alternate over the new Wappinger option, however, in the interest of not expending any additional funds on reopening the SEQRA process he was voting for this motion, with the hope that all involved will negotiate in good faith. Mrs. Smith also voted for the Tri -Municipal alternate and was not interested in voting for the new Wappinger Option, however since this was the way the motion was, if she wanted Tri -Municipal she would have to vote for the motion on the floor. For this reason she voted for the motion. Mr. Valdati was not satisfied with this motion with dual options but since he was in favor of Tri -Municipal he voted on the motion. Mrs. Paino cast her Aye vote. MRS. PAINO moved to recess the meeting. Seconded by Mr. Reis Motion Unanimously Carried The meeting reconvened at 10:20 P.M. and all five Board Members were present. MRS. PAINO moved to adjourn the meeting to Thursday, September 22, 1988 at 7:30 P.M., due to the lateness of the hour and length of the Agenda. Seconded by Mr. Reis The meeting adjourned at 10:22 P.M. Reg.Mtg. 9/19/88 Motion Unanimously Carried -Stcak, WALL 'SA - Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on September 19, 1988, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York on a proposed Local Law Increasing the Recreational Fees of the Town of Wappinger. Supervisor Paino opened the Public Hearing at 6:55 P.M. Present: The Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman: Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Town Clerk offered for the record the Affidavits os 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 Recreation Commission had previously recommended to the Town Board that the recreation fees in lieu of land that was charged to developers be increased to $900.00 per lot. The Town adopted a policy at that time that whenever practical the Recreation Commission and the Planning Board take the land; however there are situations when that it is not possible and in such cases the Town agrees that $900.00 is comparable with the neighboring towns. Mr. Greggo, Ketchamtown Road, asked if everyone has amounts of other to do that or was it for large developments of land. The Attorney explained that when a person makes application to subdivide land, under State Law a municipality can either require a percentage of the parcel being subdivided to be set aside for recreation or they can require a sum of money per lot to be deposited to a trust fund that the Town has which is separate from its trust fund is solely to be or recreation. Mr. Greggo operating budget and the purpose of the used for a capital project related to parks wanted to know if there was a certain number of houses that had to be built for a person to pay $1,000 fee. Mr. Farina explained that they are not interested in collecting a fee but they are interested in receiving quality land. If he's talking about 100 lots then he's talking about 100 acres based on current land use. In that case the intent is to take 10 acres which is 10% of the subdivision to be set aside for recreational use within that subdivision. The monies that are taken from smaller subdivisions go into Parkland Trust because it would make no sense to take it from a 10 acre subdivision. 1 These funds are managed by the Recreation Commission and they will determine what programs will be made by the end of the year. There were no other comments from the audience. MR. VALDATI moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Hearing closed at 7:03 P.M. etAte_ 114-61A)C9A-- Elaine H. Snowden Town Clerk Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 r NOTICE:OF PUBLIC HEARING PLEASE.TAKE NOTICE that the Town Board of the Town of Wapp• Inger will conduct a Public Hearing on the 19th day of September, 1988, at 8:50'..M. o'clock or res soon thereafter as the public can be heard to consider the adoption of a Local 'S Law. adopting a Local Law allowing ' the Town Board by Resolution to sat the Recreation fee payable upon , :subdivision of property. • • • .7 Anyone wishing to be heard in this matter. should be present at the above date and time. Copies of the entire . text of the Local Law are • available at the Offices of the Town Clerk of the Town of Wappinger. ' BY ORDER OF THE TOWN BOARD TOWN OF WAPPINGER BY: ELAINE SNOWDEN TOWN CLERK Dated: Sept. 1, 1988 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. E7.i.aabeth..Inalcker 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 ....7th. day of sep. 1988. and on the following dates thereafter, namely on and ending on the ...7th 1948. both days inclusive. day of ...Sep. a.„e4, Subscribed and sworn to before me this 7th.. day of pt 1� oa 8 Notary Public My commission expires r ACl�ct WISHART NO:T,inY P J UC. ATG`' :F MEW YORK QUAL! F.. ': °L.! re .• ' ,,2 COMMISSION c::r,.:- :AAHCH 31,19.'( 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 INCREASING THE RECREATIONAL FEES OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 2, 1988, your deponent posted a copy of the attached notie of Public Hearing on a Proposed Local Law Increasing Recreational Fees of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger Middlebush Road, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this /y r� day of 1988. Notary Public xaiCARC PUBLIC, STATE °F r Y OBS N0.486603 QUAUFIED IN DUTCMESS CO pg COMMISSION EXPIRES NG. 4,19.... A Public Hearing was held by the Town Board of the Town of Wappinger on September 19th, 1988, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Amending the Flood Damage Prevention Law by Changing the Date of the Flood Map. Supervisor Paino opened the Hearing at 7:04 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 asked if there were comments from the public regarding this proposed Local Law. There were no comments or questions from those present on the proposed Local Law. MR. REIS moved to close the Public Hearing, seconded by Mr. Valdati and unanimously carried. The Hearing closed at 7:05 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 AMENDING THE FLOOD DAMAGE PREVENTION LAW. STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 2, 1988 your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending the Flood Damage Prevention Law, on the signboard maintained by your deponet 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 /If 1 day of,_ Notary Public 1988 1Ip �Jaipsriti^ Elaine H. Snowden Town Clerk Town of Wappinger CECILE S. HAWKSLEY NOTARY PUBLIC, STATE OF NSW YORK NO.4866032 QUALIFIED IN DUTCHESS CO COMMISSION EXPIRES AUO. 4,1 Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 NOTICE OF PUBUC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Wapp- Inger will conduct a Public Hearing on the 19th day of September, 1988, at 8:55 P.M. o'clock, or as soon thereafter as the public can be heard to consider the adoption of a Local Law, amending the Flood Damage Prevention Law of the Town of Wap- , pinger by changing the date of the Flood Insurance Maps and Boun• darks, to that map of December 15, 1978. Anyone wishing to be heard In this matter should be present at the above date and time. Copies of the entire text of the Local Law are available at the Offices of the Town Clerk of the Town of Wappir. BY ORDER OF THE TOWN BOARD TOWN OF WAPPINGER BY: ELAINE SNOWDEN TOWN CLERK Dated: $ept. 1, 1988 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Elisabeth..InacXex of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the Bookkeeper of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for .Qfl ...weeks successively in each week, commencing on the ....7th.. day of Sep 198.8.. and on the following dates thereafter, namely on • and ending on the 7th... day of .Sep 19.8.8. both days inclusive. Aiek Subscribed and sworn to before me this 7 t day of$T... 9 a$ Notary Public My commission expires RACHEL WISHART NOTARY PUBLIC. STATE CF " W YORK OUAUFIED IN '711 ",TY A Public Hearing was held by the Town Board of the Town of Wappinger on September 19, 1988, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law to Reduce the Number of Members of the Conservation Advisory Council. Supervisor Paino opened the Hearing at 7:06 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). This Law, if adopted will reduce the number of members on the Conservation Advisory Council from seven members to five members Mrs. Paino asked if there were any comments from the public or the Town Board. There were no comments made either for or against the proposed Local Law, MR. REIS moved to close the Public Hearing, seconded by Mrs. Smith and unanimously carried. The Public Hearing closed at 7:07 P.M CULUQ SA-6AAN-, Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK AFFIDAVIT OF IN THE MATTER POSTING OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW REDUCING THE MEMBERSHIP ON THE CONSERVATION ADVISORY COUNCIL FROM SEVEN TO FIVE MEMBERS STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 2, 1988, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Reducing the Membership on the Conservation Advisory Council from Seven to Five Members, 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 ; Th cc i tom\ Elaine H. Snowden Town Clerk Town of Wappinger 1988. Notary Public CECILE S. HAWKSLEY NOTARY PUBLIC, STATS OF NEW YORK NO. 4866032 QUALIFIED IN DUTCHESS COUML., COMMISSION EXPIRES AUO. 4, 19 �1 Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 NOTICE OF PUBLIC HEA�RIING PLEASE TAKE NOTIC4et the Town Board of the Town•*(Wapp- Inger will conductof Sa PPtubtfC N 419843, a. 7:00 P.M. Um 19th o'clock. oras I- to as the pu heard to consider this !adoption of,a'Local . Law. reducing the membership on the Conservation Advisory Council from seven (7) to five (5) members. Anyone wishing to be heard in this matter should be present at the above date and Nms. Coples of the entire text of the Local Law are • available at the Offices of the Town Clerk of the Town of Weppkger, BY ORDER OF THE TOWN BOARD - TOWN OF WAPPINGER BY: ELAINETSNOWDEN DMIN EN Dated: Sept. 1. 1988 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Elisabeth • •Iaeke• 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 .... 7th• day of Sep. 19.8.8. and on the following dates thereafter, namely on and ending on the ..7th day of ....Sep.. 19.8 both days inclusive. (4rOark Subscribed and sworn to before me this ...? th..... day of .. • •S.�pbJ�,1acK:Z, Notary Public My commission expires ?''►!'+�.'vll..L,OF NEW YOR( :A- /1% A Public Hearing was held by the Town Board of the Town of Wappinger on September 19, 1988, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Regulating Traffic Within the Town of Wappinger Supervisor Paino opened the Hearing at 7:15 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). This Local Law will require motorists to stop at the following intersections: Daley Road at its intersection with Maloney Road Maloney Heights Road at its intersection with Maloney Road Scott Road 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. Mrs. Paino asked for comments from the public regarding this proposed Local Law. Richard Tallman, 22 Roberts Road, referred to a Public Hearing held last year on a stop sign at the intersection of Fieldstone Boulevard and Spook Hill Road. Since the Spring he has called Mr. Farina, Supervisor Paino, Mrs. Snowden, who referred him to the Engineer who returned his call that day and told him to contact the Town Highway Superintendent to see what the status was on the installation of the Stop Sign at that intersection since it was almost twelve months since the public hearing and subsequent adoption of the Local Law Authorizing the placement of this sign. He followed this suggestion but has not been able to reach him at the times he was told to call. He told those present at this Hearing who were interested in seeing these Stop Signs installed, not to expect to see them for quite a while. Mrs. Paino informed Mr. Tallman that she had researched to make sure the Local Law he was talking about had been approved and it was; she wrote reminders to the Highway Superintendent to place the Stop Signs and he has evidently failed to do this. She asked the Town Clerk to forward a letter to the Highway Superintendent reminding him that the Law was put into place approximately twelve months ago and the sign should be placed at that intersection immediately. Mr. Farina commented that he canvassed the various streets mentioned in this Local Law and the residents were in favor of the Stop Signs. There were no other comments made by those present either for or against the proposed Local Law. MR. REIS moved to close the Public Hearing, seconded by Mrs. Smith and unanimously carried. The Hearing closed at 7:20 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK AFFIDAVIT OF IN THE MATTER POSTING OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW REGULATING TRAFFIC WITHIN THE TOWN OF WAPPINGER. STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 2, 1988, your deponent posted a copy of the attached notice of Public Hering on a proposed Local Law Regulating Traffic Within the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this /(Pr% day of 1988. Az4„,, Notary Public CECILE S. HAWKSLEY NOTARY PUBLIC, STATE OF NEW YORE NO.4866032 OUNJRED IN DUiCHESS COUNtf IOM EXPIRES AUG. 4,1LL 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,inger11dueebs14ny on the will conduct at 7:15 p.m. o'clock, or as soon thereafter as the public can be heard to consider the adoption of a Local Law, requiring motorists to stop at the following intersections: Daley Road at its intersection with Maloney Road -- Maloney Heights Road at its in- tersection with Maloney Road Scott Drive at its interasaction with Do8rorikive Draw at its intereseclbn with Scott Drive - The southerly side of Scott Drive at its intersection with Doyle Drive. Anyone wishing to be heard in this matter should be present at the above date and time. Copies of the i entire text of the Local Law are available at the Offices of the Wappinger. Wappings Clerk of the Town of r. BY ORDER OF THE TOWN BOARD TOWN OF WAPPINGER BY: ELAINE SNOWDEN TOWN Dated: Sept. 1, 1988 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Elisabeth Inacker of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ....13aQkkeeper 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 QQ weeks successively in each week, commencing on the 7th. day of .... Sep 19.8.8. and on the following dates thereafter, namely on 4 and ending on the ..7th day of ..Sep....... 19..8.8 both days inclusive. ,04fie,/ Subscribed and sworn to before me this ...7.tb..... day of ..&ep eu�be// /I 1l19. Notary Public My commission expires 4 Wre't.lART 4143A-1 ; . r r hEVI YORK �il1,a . Z COUNTY nV i.ry..