1988-07-18 RGM1
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
JULY 18, 1988
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. 6/20/88 Special 7/7/88
4. REPORTS OF OFFICERS: Town Justices Rec. of Taxes Sup/Compt Hydrant
5. PETITIONS & COMMUNICATIONS
a. Jas. Spratt re: ordered Hollowbrook Park to erect Traffic Light
at their intersection w/ Myers Corners Rd.
b. Phyllis Nelson corr. re: Lack of Door -to -Door Cleanup
c. Report from Mike Tremper, Camo, re: results from Water Samples at
Town Hall
d. NYSDOT Informational notification of order removing STOP signs at
Smithtown Rd. w/installation of Traffic Signal
e. J. Paggi, Eng. to Twn., re: T/W Wastewater Facility Report FGEIS
conversation w/J. Marcogliese, P.E.,NYSDEC
f. T. Logan, Assessor, letter to D. C. DeWitt re: Special Franchise
Hearing Central Hudson
g. Judge Francese requests permission to attend Conference at St.
Lawrence 7/25 thru 7/29.014 (issessarsco,,,H r Y\ Q. ( v1y -7/z9
h. Wm. Bandon, Convenient Store, Rte 9 -Notice of intent to renew Liquor
i. Corr. NYS Ping. Fed. Re: Govs' proposal to abolish Office of Local GS.
j. J. Paggi, report on Wappinger Park Waterworks System. Servica4
k. Correspondence from Assoc. for Retarded Citizens - 5 Drew Ct.
1. J. Paggi, report re: DEIS far County Rte 11 ry
m. T/Clerk served with Tax Review- Navin Gupta vs Bd. of Assessment Review
n. M. Liebermann (1) request to attend final 2 Courses for Code Enforcement
Officers (2) Appointment of Trish Maupin as Sect'y to Fire Bureau
o. Additional requests for STOP signs at various intersections
p. J. Paggi, Corr. re: (1) Capobianco, Montfort Rd. Drainage Complaint
(2) Elder Rezoning (3) Pondview Pump Station
q. R. Holt, Ch. Rec. Comm. (1) re -alignment of Montfort Rd. Rec. Property
(2) Request funds from Schlathaus Fund for re -wiring Bandstand
r. N. Drennan, Rec. Comm. Request amending Fees for "Cash in lieu of Land"
s. Memo from K. Croshier, H. Supt. re: Contract for Chipper
t. Notification of establishment area speed limit for Royal Ridge
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Adoption of Final Order Establishing Myers Corners II Water Dist.
b. Compt. request to authorize borrowing $220,000 from Downstream Drainage
Fund to pay Saratoga Associates
c. Comptrollers request for transfer of funds to pay for new Town Patrol
Car (B 3120.10 to B 3120.20)
d. NY Power Authority proposed agreement for payment in lieu of Taxes
for 2 properties in Town of Wappinger
e. Consider the adoption of 2 Amendments to Zoning Ordinance
f. Corr. from{Judge Francese re: Recovery of Forfeited Bond
g. Requests from Dyi-Chung Hu and Mary Gellatly for return of $250
(each) cash bond posted for Driveway blacktopping
h. Vacancy on Planning Board
i. Vacancies on Conservation Adv. Council
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8. UNFINISHED BUSINESS
9. NEW BUSINESS
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10. ADJOURNMENT I,'"
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209
The Regular Meeting of the Town Board of the Town of Wappinger
was held on July 18, 1988 at the Town Hall, Middlebush Road, Town
of Wappinger, Dutchess County, New York.
Supervisor Paino opened the Meeting at 7:32 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Absent:
David Reis, Councilman (on vacation)
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 silence for the Town and its residents.
The Minutes of the Regular Meeting of June 20, 1988 and the Special
Meeting of July 7, 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 Mrs. Smith
Motion Unanimously Carried
Reports received for the month of July included Town Justices,
Receiver of Taxes, Supervisor/Comptroller and Hydrant Report.
MRS. SMITH moved to accept the Reports and place them on file.
Seconded by Mr. Farina
Motion Unanimously Carried
Petitions & Communications ---
A communication was received from Commissioner James Spratt, Dutchess
County Department of Public Works, indicating that the owners of
Hollowbrook Park on Route 9 and Myers Corners Road have been directed
to install a traffic light at their entrance road.
This was in response to a request from the Supervisor a few months
ago that the Department of Public Works place a sign alerting motorists
exiting from Waldbaums that there is an intersection and driveway
within a very short distance. Mrs. Paino questioned the advantage of
placing a traffic light at that location since it might back up traffic
210
from the light at Route 9. A copy of this correspondence was sent to
the Planning Board for their comments but no response was received.
The Engineer offered his opinion that if the lights are fazed there
should be no problem. It was Mr. Farina's understanding that this
signal would be synchronized with the one in front of Waldbaums and
the one on Route 9 and Myers Corners Road; Mrs. Smith had spoken
with Commissioner Spratt and confirmed that this was his intent.
MRS. PAINO moved to receive this communication and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
A letter was received from Phyllis Nelson, a resident of Kent Road
complaining of the lack of curb service cleanup by the Town and urged
them to provide this service.
Mrs. Paino noted that they are working on it and hopefully will be
able to arrange something by late fall. Mrs. Smith added that she
had informed Mr. Nelson that the Board was working very hard on this
issue and hoped to receive some cooperation which would enable them to
implement a program to dispose of the bulk items.
MRS. SMITH moved to receive this correspondence and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
A report was received from Mike Tremper, Camo Pollution Control re
the results of water samples at the Town Hall. He indicated that the
only concern the Town might have is that the hardness levels are high
for a hot water heating system.
MRS. SMITH moved to authorize the Comptroller to solicit bids for a
water softener for the Town Hall.
Seconded by Mr. Farina
Motion Unanimously Carried
The New York State Department of Transportation forwarded a "Notice
of Order" dated February 16, 1988, for informational purposes only,
which rescinds the Stop control on the east and west approaches of
Smithtown Road to Route U.S. 9. The removal of this sign is contingent
upon the installation of a traffic signal which was a condition of
the Lloyd rezoning approval.
MR. VALDATI moved to accept this correspondence and place it on file.
SEconded by Mrs. Smith
Motion Unanimously Carried
L
211
A report was received from the Engineer regarding the Wastewater
Facility Report, Final Generic: Environmental Impact Statement, which
basically outlined a conversation held with Mr. Marcogliese of the
New York State Department of Environmental Conservation. Their
discussion had to do with relocating the plant immediately to the south
on lands other than the Reese Park site and should be on record. The
D.E.C. supports the proposed plant site location since it would move
the outfall location closer to the Hudson River. He also indicated
that the discharge limits previously given would still be applicable.
MRS. PAINO moved to accept this correspondence and place it on file.
Seconded by Mrs. Farina
Motion Unanimously Carried
A letter from Assessor Thomas Logan to Donald C. De Witt, Hearing
Officer regarding a Special Franchise Hearing requested by Central
Hudson was forwarded to the Board; this related to the Assessment on
the 1988 Final Town Roll. Mr. Logan appeared at the Hearing on behalf
of the Town and objected to a reduction in this franchise assessment.
Mrs. Paino commended Mr. Logan for his appearance at the hearing and
his interest for the taxpayers of the Town. Mr. Farina expressed
appreciation that Mr. Logan requested that should a reduction in
assessment be granted in whole or in part, that the State Board of
Equalization and Assessment include in this reduction the requirement
that this be passed along to the taxpayers, rather than the stockholders.
MR. FARINA moved to accept the correspondence and place it on file.
Seconded by Mrs. Smith
Motion Unanimously Carried
Requests to attend conferences were received from Judge Francese,
at St. Lawrence from July 25th through July 29th, 1988 and from
Assessor Thomas Logan at Cornell University from July 24th through
July 29th, 1988.
MR. FARINA moved to grant permission to both Town Officials to attend
their respective conferences and a mileage rate of $.22� Zper mile
plus reasonable food allowance and any other legitimate expenses would
be a Town charge.
Seconded by Mrs. Smith
Motion Unanimously Carried
212
Notice of intent to renew a Liquor License was received from
Nycrest Corp., d/b/a Convenient Food Mart, on Route 9 in the
Town of Wappinger.
MR. FARINA moved to receive this correspondence and place it on file
with no comment.
Seconded by Mr. Valdati
Motion Unanimously Carried
Correspondence was received from the New York Planning Federation
regarding the Governor's proposal to abolish the Office of Local
Government. Mrs. Paino pointed out that this agency has been very
helpful in land use matters to our local municipalites and have given
assistance on items such as, alternative forms of local government,
local law powers, self-help available to communities, technical
assistance and aid programs, charter forms of government and
administrative codes.
MRS. PAINO moved to direct a letter in support of reinstating the
Office of Local Government and Community Services to Governor Cuomo,
local legislators and other officials listed on the communication
from the New York State Planning Federation.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mrs. Paino also requested that Sheila Clifford, Executive Director
of the N.Y.S. Planning Federation be copied on the letter.
A report was received from the Engineer on the privately owned water
system in the Wappinger Park Development located on the west side of
Route 9, off of Old Hopewell Road. A tentative work shop meeting has
been set for August 4th, 1988 to discuss this report with the residents
of that area.
The Dutchess County Association for Retarded Citizens wrote to the
Board regarding their proposal to acquire the residence at 5 Drew
Court as a group home for their clients; also received was a petition
from the residents in that area. Another communication from them
related to a residence at 34 Top 0' Hill Road which they had tried
to acquire last year about this time. They have rejected all the
alternates for this site and finally acknowledged the fact that they
are not pursuing the purchase of this site but will continue to look
for an acceptable site for a community residence in this Town.
213
Their intent to purchase 5 Drew Court will now begin the cycle of
the site selection process again. The residents have had a meeting
and will put together a list of alternate sites for the DCARC to
consider. A public informational meeting will be held with the residents
on this Wednesday night and Linda Smith, Executive Director of the
DCARC will give a presentation at that time regarding this site and
their intent. Both the Attorney and the Engineer were requested to
attend this meeting to answer possible questions on a definite drainage
problem in that area and other facts which could cause reconsideration
of the purchase of this site by the DCARC.
MRS. PAINO moved to receive the correspondence and place it on file
pending further discussion.
Seconded by Mr. Farina
Motion Unanimously Carried
At the request of the Town Board, the Engineer reviewed the D.E.I.S.
prepared by Dutchess County, on County Route 11, known as the Maybrook
Line, and submitted his report on same. Mrs. Paino announced that a
Public Hearing will be held at the Wappinger Town Hall on August 17,
1988 by the full County Legislature and she urged participation by the
Town Board and residents. She will attend and present Mr. Paggi's
report for the record, on behalf of the Town Board.
The Town Clerk was served with 3 Tax Reviews from Navin Gupta, Leemilts
Petroleum, Inc. and Waldbaum's Inc.
MRS. PAINO moved to refer these to Thomas Wood, Attorney to the Town,
to answer and defend on behalf of the Town of Wappinger.
Seconded by Mrs. Smith
Motion Unanimously Carried
A Memo was received from Mark Liebermann, Fire Inspector requesting
permission to attend two courses to complete the five courses required
by the Department of State for Code Enforcement Officials; there is no
registration fee or other cost to the Town.
MRS. SMITH moved to grant permission to Mr. Liebermann to attend the
required courses, and the Town reimburse him for mileage at $.22i per
mile.
Seconded by Mrs. Paino
Motion Unanimously Carried
A second Memo from Mr. Liebermann advised the Board that Trish Maupin
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was appointed Secretary to the Fire Prevention Bureau at their
monthly meeting on June 28, 1988.
MRS. PAINO moved that the Town Board confirm the appointment of Trish
Maupin as Secretary to the Fire Prevention Bureau.
Seconded by Mrs. Smith
Motion Unanimously Carried
Additional requests from residents were received for the installation
of Stop signs at various intersections in the Town, which had been
reviewed and recommended by the Highway Superintendent and the Engineer.
The Attorney was requested to incorporate the location for these Stop
Signs in a Local Law he was preparing to accommodate other requests
received recently.
Three letters were received from the Engineer, the first from Patrick
Capobianco, 4 Montfort Road regarding a drainage complaint. There was
a question on whether the Town has a legal responsibility to install
additional piping and the matter was referred to the Attorney to
investigate. The second was in regard to the Elder rezoning request
and the Engineer advised that the long Environmental Assessment Form
must be prepared by the applicant. The Town Clerk was requested to
forward copy of the letter to Mr. Elder.
The third communication related to the ongoing problem with the
Pondview Pump Station which has been accepted by the Town and problems
seem to be corrected. Mr. Hussain, the adjacent neighbor who has
inherited the annoyance of the pump in his area, has complained of the
noise and backup of sewer into his basement. Mr. Paggi explained that
the pump was in that location when Mr. Hussain purchased his home and
he will have to put up with the noise of the operation, however, the
Town should control this backup of sewer and if authorized, he will
prepare a cost estimate of alleviating this problem.
MRS. PAINO moved to authorize the Engineer to prepare the cost
estimate to control Mr. Hussain's sewer backup problem for the Board's
consideration.
Seconded by Mr. Farina
Motion Unanimously Carried
Ralph Holt, Chairman of the Recreation Commission, wrote to the
Town Board regarding the realignment of Montfort Road recreation
property and that of Joseph Fulton, Jr., owner of property adjacent
to the Town property. Mr. Paggi had surveyed the land last year to
215
determine
the actual boundaries of the Town land. Mr. Holt had discussed the
swap of lands and Mr. Paggi had prepared a sketch for the Board's
review, however, he has been advised by the Town Clerk that recreation
property transfer requires special action. The Attorney stated that
it would have to be taken into consideration with the State Legislature
which cannot happen until they go into session in 1989.
MRS. PAINO moved to authorize the Attorney to prepare a resolution to
submit to the State Legislators for their consideration when their
session reconvenes.
Seconded by Mrs. Smith
Motion Unanimously Carried
There was some discussion on the sketch presented due to the fact
that it was not an even swap in that Mr. Fulton would be acquiring
more land. During many meetings between Mr. Fulton and Mr. Holt,
this was mutually agreed for the benefit to better access to the
barn for the Recreation Commission. It was agreed that further
discussion was needed and a future work shop would be scheduled with
the Commission to determine if the sketch should be amended.
Another request from Mr. Holt was for permission to spend up to $600.00
from the Schlathaus Fund to have four circuits wired for the stage at
the Schlathaus Park.
MRS. SMITH moved to grant permission to the Recreation Commission to
expend $600.00 from the Schlathaus Fund, as requested.
Seconded by Mr. Valdati
Motion Unanimously Carried
Nancy Drennan, Recreation Commission Member, requested the Board to
consider raising the fees in lieu of land to $900.00 from developers;
the present fee is $650.00 and after research of adjacent towns, she
felt the $900.00 was a fair fee. She assured the Board in this letter,
that the Commission's position will always be to first take land when-
ever possible; fees are taken only when the land is unacceptable for
various reasons. The Town of LaGrange charges $600 per building lot,
Poughkeepsie --$800, East Fishkill--$900 and Fishkill--$1,000.
MRS. PAINO moved to raise the fees in lieu of land for recreation to
$900.00 per lot.
Seconded by Mr. Farina
Motion Unanimously Carried
216
The Attorney thought that perhaps this would require an amendment
to the Zoning Ordinance and would investigate the procedure.
MRS. PAINO moved that the Town establish a policy that the Recreation
Commission, in conjunction with the Planning _.Board,_acquire__1and_from
the developer, rather than cash payment for each lot, whenever possible.
Seconded by Mrs Smith
Motion Unanimously Carried
Mr. Farina wished to have discussion on this motion and noted that
building lots in Dutchess County cost anywhere from $60,000 to $80,000
and our Ordinance states that a developer must give 10% of an approved
subdivision lot for land for recreation, so the developer is getting
a real bargain. He and Mr. Holt discussed the concept of establishing
a land bank which would allow a developer to donate land from other
property he owns in the Town other than that particular subdivigon,
if acceptable to the Town. Based on these figures, he would recommend
the sum of $1,000.00 be assessed to the developer; he did, however,
vote for the motion of $900 per lot when the vote was taken.
MRS. PAINO moved to authorize the Attorney to investigate the .:legality
establishing a land bank in regard to developers donating land for
recreation purposes.
Seconded by Mr. Farina
Motion Unanimously Carried
The Highway Superintendent wrote to the Town Board regarding the'
contract for the chipper which the Supervisor was previously authorized
to sign. It has not come back to his desk and in order to receive
the equipment, he needs to present the contract to the supplier.
Mrs. Paino noted that the contract was in the possession of the Attorney
and she will forward it to Mr. Croshier tomorrow.
Notification was received from the New York State Department of
Transportation establishing a speed limit of 30 MPH in the Royal
Ridge Development, which was formerly 35 MPH. A copy was forwarded
to Mr. Croshier which authorizes him to install the proper signs in
that area.
MRS. SMITH moved to accept the correspondence and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
217
Committee Reports ---
Mr. Valdati reported that he has had contact with Village Officials
regarding the proposed Route 9 reconstruction planned by the New YOrk
State Department of Transportation. Although when contacted previously
about installation of sidewalks and lights, they did not appear
interested when they were asked to maintain them. They have now
expressed a desire for these installations and are willing to form a
sidewalk district which requires that the expense of the maintenance
would be borne by those being serviced by the facility. This seems to
have been prompted by the face lifting done to the Lafayette Plaza and
the businessmen there seem to want to continue this beautification which
they evidently feel new sidewalks will accomplish. Our Attorney has
advised Mr. Valdati that there is still time to inform the N.Y.S.D.O.T.
that the Village has agreed to the sidewalks and lights installed with
this project.
MRS. PAINO moved to direct a letter to the Village Board indicating
that the Town Board will cooperate with their wishes as long as they
provide us with a resolution of acceptance of the sidewalks which will
include responsibility for their maintenance and any liability that may
be incurred; also their intent to contribute to the cost of energizing
the lights for the Route 9 reconstruction.
Seconded by Mrs. Smith
Motion Unanimously Carried
Mr. Farina wished to remind the public that tickets will be sold at
the Town Clerk's Office for the Saturday Morning Refuse Program; it
was also agreed that no money will be accepted at the site on September
10, 1988 and thereafter. He has been notified that Paul Fanuele will
not be working there after August since he will be leaving for college.
Mrs. Smith announced that there will be an old fashioned picnic at the
Town Hall on August 14, 1988 and it is a part of the Bicentennial
Designation. There will be picnic tables available and entertainment
will be provided. Mrs. Paino requested a change in the date for the
picnic but Mrs. Smith said they had planned this with Mr. Clark who
had donated the POW/MIA flag to the Town, but they would contact him
to see if another date could be arranged.
218
Resolutions ---
The Final Order to Establish the Myers Corners II Water District
was received from the Attorney for the applicant and placed before
the Town Board for their consideration.
MRS. PAINO moved to adopt the Final Order Establishing the Myers
Corners II Water District.
Seconded by Mrs. Smith
Motion Unanimously Carried
(The Final Order is attached hereto and made part thereof of the
Minutes of this Meeting).
Mrs. Paino noted that a workshop will have to be set up with Camo
Pollution Control and discuss a budget for their inspection of this
interconnection. The cost of this service will be borne by the
Pizzagalli Development Company.
The following resolution was offered by COUNCILWOMAN SMITH who moved
its adoption:
WHEREAS, at a prior date the Town Board authorized the expenditure
of up to $220,000 for Saratoga Associates, and
WHEREAS, a bond issue has not yet been authorized,
BE IT RESOLVED, the Town Board authorize the borrowing of up
to $220,000 from the Downstream Drainage Fund or Parkland Trust
Fund to be paid back at a future date at 5% interest.
Seconded by: Councilman Farina
Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent
Mrs. Smith added that the choice of which fund to draw the money
from will be at the discretion of the Comptroller.
In response to Mr. Incoronato's question on which district would be
charged, Mrs. Paino explained that it will depend on which option the
Board chooses in regard to the Wastewater Treatment Facilities Plan.
Mrs. Visconti questioned whether the additional monies over the
original $100,000 cap were authorized by the Board before payment.
Mrs. Paino replied that the Town was billed the additional monies,
however it was not paid until the Board authorized the increase at
the June 20, 1988 meeting.
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
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WHEREAS, the Town Board authorized the purchase of a new
town patrol vehicle (1988 Chevy Blazer).
BE IT RESOLVED, the Town Board authorizes the transfer of
$9,617.00 from B Fund Vandalism Patrol 3120.10 to B Fund Vandalism
Patrol 3120.20.
Seconded by: Councilman Farina
Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent
The New York State Power Authority wrote to the former Supervisor,
Francis Versace, relating to a proposed agreement for payment in lieu
of taxes for two properties in the Town. The Attorney noted that he
could not comment on any amounts that they are paying but it is an
appropriate agreement that most state authorities are doing when they
own property within a municipality; they make a payment to the Town
since a tax cannot be levied. The amounts, he explained, are usually
based on the whatever the assessment would be if it was taxable.
MRS. PAINO moved to refer the Agreement to the Town Assessor for his
review and recommendation.
Seconded by Mr. Farina
Motion Unanimously Carried
A Public Hearing having been held on two Amendments to the Zoning
Ordinance on June 20, 1988, the matter was placed before the Board
for their consideration. Correspondence has been received from the
Dutchess County Department of Planning indicating that this is a
matter of local concern and they consider the type of action to be a
text amendment.
The following Amendments to the Zoning Ordinance were offered by
SUPERVISOR PAINO who moved their adoption:
Section 711. Fees
The Town Board of the Town of Wappinger shall on an annual basis by
Resolution, determine and set a fee to be charged by both the Zoning
and Planning Board to applicants, upon the application to either of
those Boards for various reliefs, or items which come under the
jurisdiction of the respective Boards. Said fees shall be set on
an annual basis and shall become effective ten (10) days after their
adoption by the Town Board. Any reference to fee set forth in the
present Zoning Ordinance of the Town of Wappinger is hereby repealed
and all fees shall be determined by the Town Board as provided for
in this section.
Section 712. Clerks
The Zoning Administrator of the Town of Wappinger is hereby designated
as the Clerk of both the Zoning Board of Appeals and the Planning
Board of the Town of Wappinger. In addition to all of the other
authorities vested in the Clerk by Law the Clerk shall be the official
custodian of all records of the Planning and Zoning Board of Appeals,
and shall be authorized to issue certified copies of the same upon
request.
Seconded by: Councilman Valdati Roll Call Vote: 4 Ayes 0 Nays
Councilman Reis ---Absent
220
Correspondence was received from Judge Franceseregarding the recovery
of forfeited bond. The Attorney explained that when a defendant is
arraigned in the Town Justice Court and posts a bail bond and does not
appear, the bond is forfeited. If the bonding company does not pay the
amount of the bond, it is up to the municipality to take further
collection steps, even if this means litigation. The full amount of
the forfeited bail is the property of the municipality, not the state.
MRS. PAINO moved to refer this matter to the Attorney to the Town
for processing the claim with the bonding company.
Seconded by Mrs. Smith
Motion Unanimously Carried
Requests were received from Dyi-Chung Hu and Mary Gellatly for
release of their driveway bonds in the amount of $250.00 each.
The Highway Superintendent had inspected both driveways, found them
to be satisfactorily completed and recommended the release of the
bonds.
MR. VALDATI moved to release the driveway bonds in the amount of
$250.00 each to Dyi-Chung Hu and Mary Gellatly, at the recommendation
of the Highway Superintendent.
Seconded by Mr. Farina
Motion Unanimously Carried
A vacancy still existed on the Planning Board, however, there has
been no recommendation from them as to this appointment and the Board
preferred to wait for that information.
MRS. SMITH moved to table this appointment pending a recommendation
from the Planning Board.
Seconded by Mr. Farina
Motion Unanimously Carried
There were still several vacancies on the Conservation Advisory
Council and since there has been some difficulty in filling these
vacancies, there was a discussion on reducing the number required;
the present Local Law calls for a seven or nine member Council.
MRS. PAINO moved to authorize the Attorney to prepare a Local Law
reducing the number of members required for the Conservation Advisory
Council from seven to five.
Seconded by Mrs. Smith
Motion Unanimously Carried
221
The District Secretary of the Hughsonville Fire District wrote to
the Board advising them that they have reappointed Michael Stanulewich
as a member of the Fire Prevention Bureau for a two year term.
MR. VALDATI moved to confirm the reappointment of Michael Stanulewich
to the Town Fire Prevention Bureau for a two year term which will
expire July 31, 1990.
Seconded by Mrs. Smith
Motion Unanimously Carried
New Business ---
Mr. Farina requested that a letter be sent to Mr. Croshier requesting
that the storm drains be cleaned on Blackthorn Loop; this was mentioned
to him in the Spring but it has not been taken care of at this time.
The second item he wished to discuss was a call he had received from
a resident who was upset with the trash on Myers Corners Road. He
informed the gentlemen that this was a County road and not maintained
by the Town, however, the Town Board could forward a letter to the
County Department of Public Works requesting that they clean up the
area. It was also suggested that the State be contacted to clean up
at the intersection of Myers Corners Road and Route 9. There is a
litter law, Mr. Farina explained to this resident, however the violator
has to be caught in the act in order to prosecute him.
MR. FARINA moved to direct letters to the Dutchess County Department
of Public Works and the New York State Department of Transportation
requesting that they clean up the litter on Myers Corners Road and
Route 9.
Seconded by Mrs. Paino
Motion Unanimously Carried
MRS. PAINO moved to authorize the Attorney to prepare a Local Law to
amend our present one on dumping and littering and raise the fine to
the maximum amount for violators.
Seconded by Mrs. Smith
Motion Unanimously Carried
Mr. Valdati wished to discuss a building on the corner of Middlebush
Road and Route 9d which has been vacant for many years and is in a
state of disrepair and perhaps bordering on becoming unsafe.
MR. VALDATI moved to direct the Building Inspector to inspect this
building for violations of structural safety.
Seconded by Mrs. Paino Motion Unanimously Carried
22) -
Mrs.
2) -
Mrs. Visconti referred to the work shop discussion on the Fleetwood
Water District problem with storage tank when Mrs. Paino said she
intended to discuss this with the Department of Health and asked for
a report of this discussion. Mrs. Paino responded that a meeting was
set up for this week. Mrs. Smith stated that she had spoken to that
department and there's not really much they can do since it is not
continuous. It was recommended that the residents call the Department
of Health every time their pressure is low or they are without water
and a record will be kept by that department logging each complaint.
If it becomes a problem, a tanker of water will be brought in through
Civil Defense, at no charge to the residents. Mrs. Paino said she
had the forms on file for the Civil Defense Office when a tanker is
required.
There was no other business to come before the Board.
MRS. SMITH moved to adjourn the meeting, seconded by Mr. Farina and
unanimously carried.
The meeting adjourned at 8:50 P.M.
Reg. Mtg. 7/18/88
:&Laiockt,.
Elaine H. Snowden
Town Clerk
PRESENT:
ABSENT:
QQ6/01
At a meeting of the Town Board of
the Town of Wappinger, Dutchess
County, New York, held at the Town
Hall, 20 Middlebush Road,
Wappingers Falls, New York, on the
18th day of July, 1988, at 7:30
o'clock P.M., Prevailing Time.
IRENE PAINO, SUPERVISOR
VINCENT FARINA, COUNCILMAN
CONSTANCE SMITH, COUNCILWOMAN
ROBERT VALDATI, COUNCILMAN
DAVID REIS, COUNCILMAN
In the Matter
of
the Establishment of a Water
District in the Town of
Wappinger, Dutchess County,
New York, to be known as
MYERS CORNERS II WATER DISTRICT.
X
X
FINAL ORDER
A petition in this matter for the creation of a water
district having been duly presented to the Town Board, together
with the necessary map and plan attached thereto and a resolution
having been duly adopted by the Town Board on May 16, 1988 for the
hearing of all persons interested in the matter on the 20th day of
June, 1988, at 7:00 o'clock P.M. at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York, and a hearing by the said Board
having been duly held at such time and place, and it having been
duly resolved and determined following such hearing that the
petition herein was signed and acknowledged or proved as required
by law and was otherwise sufficient, that all the property and
property owners within the proposed districts were benefited
thereby, that all property
included within the limits
and property owners benefited were
of the proposed district, and that it
was in the public interest to grant in whole the relief
and it having
establishment
permission of
sought,
been then and there further duly resolved that the
of such district as proposed be approved,
and the
the State Comptroller of the State of New York not
having been required pursuant to Section 194 of the Town Law; it
is hereby
ORDERED, that a water district be established in the
said Town of Wappinger, Dutchess County, New York, to be
designated as Myers Corners II Water District and to be of the
following description and boundaries, to wit:
2
All that parcel of land situate in the Town of
Wappinger, County of Dutchess and State of New York bounded and
described as follows:
Beginning at a point in the northwesterly line of lands
now or formerly of Pizzagalli Development Company, being a stone
wall, said point being the northeast corner of lands now or
formerly of Sherman and being S34° -55' -05" E 3.61 feet from an
iron pipe found, thence along said northerly line of lands now or
formerly of Sherman,
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
North 67° -47' -10" West 309.83 feet to a point on the
easterly side of a private road, thence along the
northerly end of said private road, known as Four Fields
Court;
North 67° -47' -10" West 50 feet to a point on the
northwesterly corner of said private road, thence along
the westerly side of said private road;
South 22° -12' -50" West 137.68 feet to an iron pipe
found being the northeast corner of lands now or
formerly of Levine, thence along the northerly line of
the lands now or formerly of Levine;
North 71° -15' -10" West 377.00 feet to the northwest
corner of lands now or formerly of Levine said point
also being in the east line of lands now or formerly of
WVC Realty Corp., thence along the last mentioned line
and along the east line of lands now or formerly of
MacDonald the following 8 courses (the first 7 courses
being along a stonewall);
North 21° -42' -57" East 56.27 feet,
North 24° -10' -07" East 74.25 feet,
North 22° -10' -35" East 20.85 feet,
North 24° -55' -02" East 100.37 feet,
North 15° -40' -33" East 344.38 feet,
North 13° -45' -47" East 64.00 feet,
North 22° -26' -35" East 26.75 feet to a point being the
end of said stonewall,
North 20° -25' -03" East 34.66 feet to the end of a
stonewall on the south line of lands now or formerly of
WVC Realty Corp., said point being approximately 25 feet
north from an old spring, thence along the last
mentioned line the following 28 courses; (the first 19
courses being along a stonewall),
North 70° -41' -44" East 18.16 feet,
North 61° -58' -52" East 29.82 feet,
North 49° -20' -21" East 21.61 feet,
North 32° -34' -42" East 22.66 feet,
17. North 45° -49' -39" East 41.59 feet,
18. North 22° -14' -59" East 15.34 feet,
19. North 1° -05' -25" East 13.20 feet,
20. North 23° -03' -00" West 120.73 feet,
21. North 6° -32' -19" West 79.65 feet,
22. North 11° -54' -32" East 129.75 feet,
23. North 11° -12' -43" East 43.87 feet to an iron pipe
found in a stonewall corner,
24. North 68° -08' -23" East 19.37 feet,
25. North 65° -34' -50" East 70.00 feet,
26. North 68° -04' -35" East 50.84 feet,
27. North 69° -10' -11" East 59.21 feet,
28. North 71° -27' -15" East 61.21 feet,
29. North 70° -52' -40" East 41.90 feet,
30. North 65° -49' -48" East 34.41 feet,
31. North 70° -27' -12" East 53.29 feet to a point near the
end of said stonewall, thence leaving said stonewall,
32. South 24° -35' -27" East 127.89 feet to an iron pipe
found,
33. South 76° -03' -35" East 99.61 feet to an iron pipe
found,
34. North 50° -38' -12" East 142.90 feet to a point at the
beginning of a stonewall and continuing along said
stonewall,
35. North 47° -27' -39" East 38.92 feet,
36. North 57° -42' -51" East 34.89 feet,
37. North 46° -05' -01" East 55.78 feet,
38. North 45° -27' -22" East 19.90 feet,
39. North 52° -39' -41" East 36.04 feet,
40. North 65° -20' -19" East 11.49 feet to a point on the
west line of lands now or formerly of Humeston, thence
along the last mentioned line being along a stonewall
the following 3 courses;
41. South 18° -53' -44" East 132.38 feet,
42. South 19° -37' -46" East 162.49 feet,
43. South 21° -28' -01" East 169.27 feet to a concrete
monument found, thence along the west line of lands now
or formerly of Central Hudson Gas & Electric Corp. being
along a stonewall the following 2 courses;
44. South 19° -40' -10" East 129.76 feet,
45. South 21° -24' -40" East 175.92 feet to a concrete
monument found, thence along the west and northwest
lines of lands now or formerly of Pizzagalli Development
Company and along a stonewall the following 3 courses;
46. South 19° -52' -20" East 103.08 feet,
47. South 43° -54' -40" West 545.04 feet,
48. South 44° -06' -20" West 397.41 feet to the point of
beginning.
4
Containing 29.5896 acres of land more or less. Bearings
refer to Liber 1563 Page 158, lands now or formerly of Pizzagalli
Development Company.
and it is further
ORDERED, that the Town Clerk of the Town of Wappinger,
is hereby authorized and directed to cause a certified copy of
this order to be duly recorded in the office of the clerk of
Dutchess County in which the Town of Wappinger is located, within
ten (10) days after the adoption of this order, and it is further
ORDERED, that the Town Clerk is hereby authorized and
directed to file a certified copy of this order in the Office of
the State Department of Audit and Control, Albany, New York,
within ten (10) days after the adoption of this order.
This order shall take effect immediately.
Dated: July 19th , 1988
5
MEMBERS OF THE TOWN BOARD OF THE
TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK
STATE OF NEW YORK )
)ss..
COUNTY OF DUTCHESS )
I, the undersigned Clerk of the Town of Wappinger,
Dutchess County, New York, DO HEREBY CERTIFY:
That I have compared the foregoing copy of the minutes
of the meeting of the Town Board of said Town, including the
Order contained therein, held on the 18th day of July, 1988, with
the original thereof on file in my office, and that the same is a
true and correct copy of said original and of the whole of said
original so far as the same relates to the subject matters therein
referred to.
I FURTHER CERTIFY that all members of said Board had due
notice of said meeting.'
I FURTHER CERTIFY that, pursuant to Section 103 of the
Public Officers Law (Open Meetings Law), said meeting was open- to
the general public.
I FURTHER CERTIFY that, PRIOR to the time of said
meeting, I duly caused a public notice of the time and place of
said meeting to be given to the following newspapers and/or other
news media as follows:
6
Notice was sent to the News Media on January 5, 1988
(the day following our Reorganizational Meeting) informing them
that the Town Board Meetings were set for the 1st and 3rd Monday
of every month during 1988.
Newspaper and/or other news media Date given
Southern Dutchess News
Poughkeepsie Journal
Evening News
Radio Stations: WBNR, WEOK and WKIP
January 5, 1988
January 5, 1988
January 5, 1988
January 5, 1988
I FURTHER CERTIFY that PRIOR to the time of said
meeting, I duly caused public notice of the time and place of said
meeting to be conspicuously posted in the following designaied*-
public location(s) on the following dates:
Designated Location(s)
of posted notices Date of Posting.
Bulletin Board at Town Hall
maintained by the Town Clerk
7
JANUARY 6
, 1988
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of said Town this 19th day of July, 1988.
C":.--)
(--1.4(,4,(1, aiNjilids_
ELAINE H. SNOWDEN, Town Clerk
(CORPORATE SEAL)
8