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1988-08-01 SPM223 A Special Meeting was held by the Town Board of -the Town of Wappinger on August 1,1988 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:45 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Elaine H. Snowden, Town Clerk Absent: Robert Valdati, Councilman (due to back problem) Others Present: Thomas Wood, Attorney The Special Meeting was called by Supervisor Paino for the consideration of two items. Notices were sent to the Town Board on July 26, 1988 calling said meeting for August 1, 1988 at 7:30 P.M. Notices were also sent to the three newspapers and three radio stations and posted on the Town Clerk's Bulletin Board on the same day. The first item had to do with the Town's response to the Dutchess County Association for Retarded Citizens concerning their intent to establish a group home at 5 Drew Court in the Town of Wappinger. Mrs. Paino gave some background on what has happened up to this point noting that a public informational meeting was held with the residents and two representatives from the DCARC, Brian Doyle and Linda Smith. It was the general consensus of opinion that the DCARC should withdraw their proposal to purchase this residence and the Attorney to the Town wrote to them requesting a twenty 'day extension on the Board's decision. This would also'provide extra time to the DCARC to review the comments made at the meeting regarding flooding conditions and the rodent problems in the area. The following response was received late this day: Dear Mrs. Paino: I am responding to a letter which I received from Town Attorney Thomas F. Wood in which he requested on behalf of the Town of Wappingers a twenty day extension of the forty day period for the site selection at 5 Drew Court. As I mentioned to you in my letter of July 26, 1988, we are carefully considering the situation which was brought to our attention at the informational public meeting on July 20, 1988. Our review, however, should not impact the Town's action to take one of the three choices which I discussed in that letter. 224 While I wish to be reasonable about the time frames within which the Town must act, I am not able to grant a twenty day extension as requested. Such an extension would seriously affect my relation- ship with the seller of the property, with whom we have a time limited purchase option agreement. I do feel, however, that it would be reasonable to extend the response time until August 8, 1988 giving the Town Board members and the neighborhood additional time to respond as required. I trust that this will assist you in your deliberations. Sincerely, s/ Linda P. Smith Executive Director Mrs. Paino commented that there is now a choice of making a decision tonight or wait until the new deadline date of August 8, 1988. Mrs. Paino had also sent a letter to the DCARC requesting that they withdraw this site in light of the information brought up at the public meeting on rodent problems and drainage. Such action, she felt would be in the best interests of their clients. She received the following response: July 26, 1988 Dear Mrs. Paino: I am in receipt of your letter dated July 21, 1988 in which you have described certain problems with the 5 Drew Court site which our agency has proposed as a community residence for six mentally retarded women. I thank you for providing this information to us. Please be advised that we are looking at the situation very carefully and we do not take the issue lightly. Your response to the site selection process, however, does not comprise one of the three responses required by the law, i.e,: 1. That the Town approve the site. 2. That the Town offer alternate sites. 3. That the Town reject the site on the basis of saturation. I look forward to hearing from you by August 2, 1988,the close of the forty day period. Sincerely, s/ Linda P. Smith Executive Director Copies of alternate sites provided by the residents were previously distributed to the Town Board and at this time Mrs. Paino gave the residents the choice of whether the Board should take action at this meeting or wait until the August 8, 1988 deadline. If they did take action on this date, they would pass a resolution stating that the Town objected to the location of the community residence at 5 Drew Court and suggested the alternative sites which list would be attached to the resolution and forwarded to the DCARC. Mrs. Paino read the resolution that had been prepared by the Attorney for this meeting in the event they chose to take this action. 225 The residents had many questions on the procedure that now would follow and this was all explained to them. If this Association rejects the alternate sites, they can then go back to their choice of 5 Drew Court; the Town would then be allowed to submit a second group of alternate sites and these must be reviewed by them and a response sent to the Town on their decision. If they pick one of these sites, then 5 Drew Court can be dropped, however if they refuse the second group they can still stick with the original proposal and the next step, if the Town so desires, would be a Commissioner's Hearing. After much discussion and deliberation by the residents, it was their decision to table action on this matter tonight to the final date of August 8, 1988. MRS. PAINO moved to table action on their response to the DCARA regarding the proposed group home at 5 Drew Court, until August 8, 1988. Seconded by Mr. Farina Motion Unanimously Carried MRS. PAINO moved to direct a letter to Linda Smith of the DCARC indicating that action was tabled at tonight's meeting and we have accepted their extension for our decision to be determined on August 8, 1988, the results of which will be delivered to them on the morning of August 9, 1988. Seconded by Mr. Reis Motion Unanimously Carried There was some speculation on the part of the residents regarding a second request to the DCARC to withdraw their intent to purchase this residence due to the problems that exist in that area, and although Mrs. Paino mentioned that she had already done this and received no response, she would certainly be willing to have it included in the letter that was being sent to Linda Smith. MRS. PAINO moved that the aforementioned letter to the DCARC include a request that they reconsider the withdrawal of the proposed group home at 5 Drew Court, out of concern for their clients, in light of the severe drainage problems and rodent infestation, and respond to the Town before Friday, August 5, 1988 on their intent. Seconded by Mr. Reis Motion Unanimously Carried 220 MRS. PAINO moved to set a Special Meeting of the Town Board on Monday, August 8, 1988. Seconded by Mrs. Smith Motion Unanimously Carried The second item to be addressed referenced a Resolution authorizing the Town to enter into an agreement with the County of Dutchess for Consortium Funds effective from 1989 through 1991 (three year cycle). RESOLUTION AUTHORIZING THE MUNICIPALITY OF THE TOWN OF WAPPINGER TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF DUTCHESS FOR THE PURPOSE OF UNDERTAKING A COMMUNITY DEVELOPMENT PROGRAM PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized, under Title I of the Housing and Community Development Act of 1977, to make grants to states and other units of general local government to help finance Community Development Programs, and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either and individually or jointly with one or more other municipal corporations, to apply for, accept and expend funds made available by the Federal government, either directly or inconsistent with the statutes or constitution of this State, in order to administer, conduct or praticipate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation, and WHEREAS, the Community Development Act of 1977 and any "Eligible Activities" thereunder are not inconsistent with the statutes or Constitution of the State, and WHEREAS, the number of municipalities have requested Dutchess County's participation, and the County of Dutchess has determined that it is desirable and in the public interest that it make application for Community Development Block Grant funds as an Urban County, and WHEREAS, participation by the County of Dutchess as an Urban County in the Community Development Program requires that the Municipality of the Town of Wappinger and the County of Dutchess cooperate in undertaking, and assist in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 18 of the New York State Constitution, and WHEREAS, the Board deems it to be in the public interest for the Municipality of the Town of Wappinger to enter into a Cooperation Agreement with the County of Dutchess for the aforesaid purposes, now, therefore be it RESOLVED, that Supervisor Paino be and hereby is authorized to execute a Cooperation Agreement between the Municipality of the Town of Wappinger and the County of Dutchess for the purposes of undertaking a Community Development Program pursuant to the Housing and Community Development Act of 1977. Seconded by: Councilman Reis Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent L 227 Although the notification for this meeting stated that two items would be addressed and no other business would come before the Board, Mrs. Paino requested that the Board address a request from Little League for a donation of $1,000 from the Town for transportation expenses. This would be for the Junior League Girls Softball who were traveling to Penfield, New York for state competition. Mrs. Snowden interrupted to remind the Supervisor that a waiver of the notice of the meeting would have to be given by the entire Board in order to address this matter and unfortunately, Mr. Valdati was absent. The Attorney agreed that it must be unanimous consent since all were notified that the meeting would address two items and there was one Councilman absent. Mrs. Smith had a question on the legality of providing transportation expenses for the Little League Association; the Attorney stated that he would have to investigate this matter. Mrs. Paino persisted in her efforts to address the request from the Little League since they needed this money before Thursday, and asked the Attorney if it would be permissible to contact Mr. Valdati by telephone and obtain his verbal vote to waive the notification of the meeting. Mr. Wood replied that this would be the proper procedure as long as it was followed up by his consent in writing. MRS. PAINO moved to take a five minute recess in order to contact Mr. Valdati for his consent to waive the notification of this meeting and address another item. Seconded by Mr. Reis Motion Unanimously Carried The meeting recessed at 8:25 P.M. The meeting was called back to order at 8:35 P.M. and all four Board Members were present and Mr. Valdati absent. Mrs. Paino announced that Mr. Valdati had no objection to the Board addressing another item and would waive the notification for this purpose. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: 228 WHEREAS, the Town of Wappinger Little League is requesting an additional $1,000.00 from the Town for transportation expenses, BE IT RESOLVED, the Town Board authorize the transfer of $1,000.00 from 00-01-1990.40 Contingent to 00-05-7145.40, Joint Recreation. Seconded by: Councilman Reis Roll Call Vote: 4 Ayes 0 Nays Mr. Valdati Absent There was no other business to come before the Board. MRS. PAINO moved to close the Special Meeting, seconded by Mr. Reis and unanimously carried. The meeting closed at 8:37 P.M. Spl. Mtg. 8-1-88 Elaine H. Snowden Town Clerk ROBERT VALDATI, acknowledge notice of an addition to the Agenda of the Special Meeting of August 1, 1988, with respect to the spending of $1,000.00 for the Little League. I hereby waive the prior notice of the meeting required by L c -L6(3 Robert Val i, Councilman