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1988-03-21 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING MARCH 21, 1988 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS: Annual Report from Recreation Commission 5. PETITIONS & COMMUNICATIONS a. Notice of Public Hearing from T/Fishkill on Zoning Code Amendments b. Petition from Cider Mill Loop Residents re: condition of Cider Mill Loop c. Resignation of Carol Courtois from Bd. of Architectural review d. Requests from: (1) H. Levenson & T. Classey to attend Hudson Valley Code Enf. Officials Ed. Conf. at PK 5/1 thru 5/4: (2) H. Levenson & L. Berberich to attend Marist Adult Ed. for Ping & Rsource Managmn't 4/23: (3) D. Lasowski P.C. Focus Seminar @NYC 4/20 thru 4/22 e. Notice of Intent to renew Winery License from Ronald Plimley, dba Amberleaf Vineyards, Chelsea f. American Red Cross re: potential disaster shelter agreement g. Recreation Comm. re: (1) Salary increase for Maintenance Personnel (2) Purchase of New Tractor h. Zoning Bd. of Appeals notification that Jas. Tompkins was appointed V . i. J. Paggi, Eng. to Twn, re: Hayden/Dorothy Lane Drainage problem j. Ernest V. Parziale re: CATV future Cable reception & limited channel 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Highland Glen Dev. Corp. Letter of Credit for Pond -View Subd. b. Agreement for Multi-user Software License: w/ Data entry Service agreem:nt & Data Conversion Service Agreement (McKay Computer Assoc.) c. New Windsor Mechanical Contractors/Service Contract for Town Building d. Request return, by H. Levenson, of $1,500.00Deposit for Highway Driveway Blacktop Apron to Wm Couglin, River Rd. No. (w/ Croshier Rec) e. Waiver of Down Stream Drainage Fee for Villa Borghese f. Budget Transfer for Sloper W illen annual appropriation g. CSEA T/W Highway Dept tentative agreement h. H. Levenson, Z. Adm., request return of $35.00 application Fee for Corporeal Dev. Corp/Brian Engles, Pres. i. Thos. Wood, Attny to Twn, re: DEC vs T/ Wappinger: Proposed Judgement on Consent j. Board of Architectural Review Vacancy (2) 8. UNFINISHED BUSINESS a. U.S. Cablevision request for renewalof Lease for Satellite Dish Hilltop Water Dist. 9. NEW BUSINESS 10. ADJOURNMENT 97 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on March 21, 1988 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:36 P.M. Present: Irene Paino, Supervisor David Reis, Councilman Constance Smith, Councilwoman Gladys Ruit, Deputy Town Clerk Absent: Elaine H. Snowden, Town Clerk Councilman Farina and Councilman Valdati arrived later. The meeting started with the Pledge of Allegiance to the Flag, followed by a moment of silent prayer for the Town of Wappinger and its residents. The Annual Report was received from the Recreation Commission, also the Hydrant Report for February. MR. REIS moved to accept the Reports and place them on file. Seconded by Mrs. Smith Motion Unanimously Carried Mr. Valdati arrived at the meeting. Petitions & Communications --- A Notice of Public Hearing was received from the Town of Fishkill which would be held on March 21, 1988 regarding a Local Law which will amend Chapter 150 of the Code of Fishkill's Zoning. MR. REIS moved to accept the Notice and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried A Petition was received from the residents of Cider Mill Loop regarding kv the condition of their road. The Petition included signatures of five residents on that road. Mrs. Paino had spoken to Camo Polluction Control and also the Highway Superintendent who informed her that the road will be cleaned and paved by late this Spring. MRS. PAINO moved to accept the Petition and place it on file. Seconded by Mr. Reis Motion Unanimously Carried 98 A letter of resignation was received from Carol Courtois from the Board of Architectural Review on which she served as a member from its beginning. The letter reads as follows: March 5, 1988 refer attention to Irene Paino and/or Richard Cirulli On March 21 I will attend my last Architecural Review Board meeting - weather permitting. Because of our family situation I feel I would not serve the board to the best of my abilities. Our family will be leaving the area sometime in July '88 and there are many matters to numerous to mention that must have my attention. I must add that the group was founded with good intentions but lacks a certian spark. Our fast paced life style has over -shadowed the beauty this area was so highly admired for. If contractor would look at trees rather than dollar signs, value beauty rather than budgets, restore a pride rather than puffing profits our community would prevail. If boards and contractors could work together and not feel that there were sides that had to be taken we would all benifit. I truly hope the Architectural Review Board lives on and given all people who come before it a fairness to express and a direction to express within. Respectfully, s/ Carol L. Courtois Mrs. Paino noted that Carol was an excellent member to that Board and she really contributed to its function. MRS. PAINO moved to forward a letter to Mrs. Courtois thanking her for her services to the Town as a member of the Board of Architectural Review. Seconded by Mr. Reis Motion Unanimously Carried Requests were received Mr. Levenson, Zoning Administrator and Mr. Classey, Building Inspector to attend the Hudson Valley Code Enforcement Officials Educational Conference at the Wyndham Hotel in Poughkeepsie, New York on May 1, 2, 3, and 4th, 1988, $125.00 advance registration; Mr. Levenson and Ms. Linda Berberich, Planning Board and Zoning Board Secretary, to attend Marist College School of Adult Education on Saturday, April 23, 1988, $45.00 per registration; Dennis Lasowski, Comptroller, P. C. Focus Seminar in New York City, April 20th and 22nd, $525.00. MRS. SMITH moved to approve the requests as presented to attend their respective conferences and all legitimate expenses will be a Town 99 Charge. Seconded by Mr. Reis Motion Unanimously Carried Mr. Farina arrived at the meeting at this point (7:40 P.M.) Mrs. Courtois, whose resignation was just accepted by the Town Board, as a member of the Architectural Review Board, arrived at the meeting and asked to make a few comments. She felt that people should be placed on that Board who will work. Also it is not very clear when the meetings are set and this should be clearly defined. Sometimes she calls and cannot get information on whether that Board is having a meeting on that particular day or not. Mrs. Paino said they would be glad to consider anyone she might like to recommend to replace her on that Board. A Notice of Intent to renew a Winery License was received from Ronald Plimley, dba Amberleaf Vineyards in the Chelsea area of the Town. MR. REIS moved to receive this communication and file with no comments. Seconded by Mr. Valdati Motion Unanimously Carried Ms. Patrica Richter, Director of the Disaster and Social Support Services of the American Red Cross wrote to the Supervisor regarding the identification of potential shelter sites in the event of a large fire, flood, power failure, toxic waste spill, etc. Mrs. Paino spoke to Ms. Richter and indicated that she would like to place the Town Hall on the official list of potential disaster shelters. Ms. Richter then forwarded an agreement to the Supervisor for the Town Board to consider. MRS. PAINO moved to forward this agreement to the Attorney to the Town for his review and recommendation, to be addressed at the next meeting. Seconded by Mr. Valdati Motion Unanimously Carried A Memo was received from the Recreation Commission requesting raises for their part time help which they overlooked in their 1988 Budget. They requested that Harold Smith be raised from $5.50 to $6.50 per hour; Alfred Weston and Richard Thomas from $5.00 to $5.50 per hour, retroactive to January 1,1988. 100 Their second Memo was a request to purchase a new tractor as they stated they were in dire need of this equipment; there are presently three tractors in use, two of them very old and causing expensive repairs. Mr. Reis noted that there is a $6.00 cap on part time help and he would like to keep it that way. MR. REIS moved to increase Harold Smith's hourly rate to $6.00 per hour; Alfred Weston and Richard Thomas to $5.50 per hour retroactive to January 1, 1988. Seconded by Mrs. Paino Motion Unanimously Carried In regard to the purchase of a new tractor, Mr. Reis noted that this will have to be discussed with the Comptroller and the Chairman of the Recreation Commission. A Memo was received from the Zoning Board of Appeals advising the Town Board that they had appointed James Tompkins Vice Chairman of that Board. MR. REIS moved to commend Mr. Tompkins on his appointment, accept the communication and place it on file. Seconded by Mr. Farina Motion Unanimously Carried A report was received from the Engineer on a drainage problem at the Hayden residence on Dorothy Lane which was previously requested by the Town Board. MRS. PAINO moved to refer this matter to a future work shop for further discussion. Seconded by Mr. Reis Motion Unanimously Carried Ernest Parziale, 54 Edgehill Drive, wrote to the Board and enclosed a pamphlet distributed by U.S. Cablevision last December, a portion of which referenced future cable reception and limited channels. Mr. Farina remarked that this letter is typical of the letters that have been received in that it complains about service from this company. MR. FARINA moved to send a letter to Mr. Parziale advising him that there will be a Cable Meeting on Wednesday, March 30, 1988 at 7:30 P.M. at the Town Hall at which time he should be present to voice his complaints to Deputy Commissioner Stephen Shay (Cable Commission) who will be present for this purpose. Seconded by Mrs. Paino Motion Unanimously Carried 101 Prior to Committee Reports, Mrs. Paino had an announcement to make concerning a meeting at Ketcham High School this night at 8:30 P.M. at which time Mr. Watkins, Superintendent of Schools intends to submit a proposal to purchase 80 acres of land on All Angels Hill Road 11110 (Contrail Land). In a discussion with Mr. Watkins last week, he indicated to Mrs. Paino that they are planning on using the 20,000 square foot building as their administrative offices, also to house 220 school buses; the future plans, not in the upcoming budget, might include a sport complex, an olympic size swimming pool, and maybe eventually an additional elementary school. When he asked her opinion, Mrs. Paino said she thought it was not a suitable location for such a proposal. This was her personal opinion, not as the Supervisor and she felt the Town Board should comment, as a whole, on this proposal. The objections she voiced was the fact that All Angels Hill Road can barely handle its present traffic much less all the school buses in the school district, plus the fact that the Rockingham Sewer District is already at capacity and there would be concerns for the Sprout Creek Aquifer; there would be concern on the drainage situation just from the drain off and residue from washing the buses and their repairs and the fumes. She recommended that they look for another location for this intended use. Mrs. Paino distributed a Draft Environmental Impact Statement from the Wappinger Central School District on the Proposed Transportation Center and Bus Maintenance Facility. At the time this was presented to her, Mrs. Paino felt that it appeared to be a thin document rather than the ones that are usually submitted. Mr. Watkins informed her that the School District did not have to prepare such a one that the developers are required to submit. Mrs. Paino's response was that regardless of who wants to develop, it's the same land and the E.I.S. would have to ��rr include the same information, she did not think the one he submitted would be acceptable. Both the Planning Board Chairman and the Zoning Administrator concurred that it would have to be done according to the SEQR process the same as any other applicant would do, the School District 102 is not immune or exempt from this procedure. This proposal, Mrs. Paino has been told, will be part of the May 25, 1988 budget vote; this will also be on the Agenda of the April 11, 1988 Planning Board meeting. The Supervisor wanted all to be aware of this project and recommended that the School Board Members should be made aware of our opinions on this proposal. Committee Reports --- Mr. Valdati had no reports for this meeting. Mr. Reis, Recreation, had discussion with the Commission and they are anxious to get the Senior Citizen Program moving; further conversa- tions were held with the representative on the Recreation Commission for this project, Joe Mastroianni, also Norma Powers, Director of the Dutchess County Association of Senior Citizens who has programs to present to the Senior Citizens. Money has been received from the County Consortium Funds for this purpose so there will be no cost to the Town this year to implement the Senior Citizen Program. Mr. REis recommended that they schedule a work shop and invite Ms. Powers to address this matter; there would also be a contract involved. Mr. Farina, Refuse, reported that Royal Carting has given the Town a significant increase, as is his habit this time of the year, relating to the Saturday Morning Garbage Program; the increase amounts to about 250% over the present rate. He recommended that they discuss this at a work shop to determine what course the Town should take. Mrs. Smith had no reports for this meeting. Resolutions --- A Letter of Credit was submitted from Highland Glen Development Corp. for the Pondview Subdivision, Stage IV, Lots 20 through 32 inclusive. A letter was received from the Engineer indicating that he is in agreement with the amount ($188,628. 00)and recommended that the Attorney check the document for proper form. Mrs. Paino indicated that she had a discussion with the Attorney who has reviewed it and agrees that it is proper in form and content. MRS. SMITH moved to accept the Letter of Credit submitted by Highland Glen Development Corp, for the Pondiview Subdivision in the amount of $188,628.00, as recommended by the Attorney and the Engineer to the Town. Seconded by Mr. Valdati Motion Unanimously Carried 103 (The Attorney called earlier to inform the Supervisor that he would not be able to attend the meeting tonight due to bronchitis and sends his regrets). Next on the Agenda for the Board's consideration, Agreement for Multi-user Software License with Data Entry Service Agreement and Data Conversion Service Agreement. Mrs. Paino explained that the Town is in the process of computerizing the Building, Planning and Zoning Department and tying into the Assessor's Computor. The program will give them access to all informa- the tion on every parcel in the Town. Both the Zoning Administrator and the Planning Board Chairman are familiar with the McKay Computer Association and recommend that the Town do business with them as the system is an excellent one. MR. REIS moved to authorize the Supervisor to sign the Agreements with McKay Computer Association. Seconded by Mrs. Smith Motion Unanimously Carried Mrs. Smith added that she had done a lot of research on this and found it is very good and very reasonable. It may sound like a lot of money but it is worth it. Mr. Reis thanked Mr. Levenson, the Zoning Administrator for the time that he has put in on evenings and Saturdays to put the system in order. Both Mrs. Paino and Mr. Farina joined with their thanks for the effort and time of Mr. Levenson. Mr. Levenson in turn commended the County for their time and the equipment and the service they will be giving us. MRS. SMITH moved to send a letter of thanks to Mr. Paino for his help with the system, adding that Mr. Levenson was very appreciative. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino added that this was done free of charge by Mr. Paino. Discussion on the New Windsor Mechanical Contractors/Service Contract was schedule.at a work shop last Thursday night, but due to a death in the family, it has been tabled to a future date. A Memo was received from the Building Inspector requesting the return of a $1,500.00 Escrow Account to William Coughlin for satisfactory completion of a Driveway Blacktop Apron at River Road North; the Highway Superintendent recommended the release of this Escrow Fund. 104 The Engineer noted that the Highway Superintendent usually inspects this work and if he recommended release of the money, he would feel secure about it. MR. REIS moved to release $1,500.00 Escrow to William Coughlin for completion of the Driveway Blacktop Apron, as recommended by the Highway Superintendent and the Engineer to the Town. Seconded by Mr. Valdati Motion Unanimously Carried At the last meeting consideration of waiving Downstream Drainage Fees for construction at the Villa Borghese was tabled for information from the Engineer on the cost of required improvements by the applicant, versus the amount of fee for the Downstream Drainage. The Engineer reported that the drainage work could be valued at $30,000, in contrast to the Downstream Drainage Fee of $4,775. MRS. PAINO moved to waive the Downstream Drainage Fees for the Villa Borghese in lieu of the drainage work required by the Town. Seconded by Mrs. Smith Motion Unanimously Carried Due to the fact that the Town attempted to establish an Ambulance District this year and the funds for the Ambulance Company would be raised by taxation for special districts, a separate allocation for the Sloper Willen Ambulance Company was not included in the 1988 Budget. The Ambulance District was not formed due to questions of residents in the Chelsea area which still remain unanswered but is being pursued by the Attorney to the Town. In order to subsidize Sloper Willen for their expenses in serving the Town of Wappinger, the Town Board has arranged for monies to be transferred to an account for them. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, funds were not appropriated for Sloper Willen Ambulance Service in the 1988 budget, and WHEREAS, Sloper Willen Ambulance Service states they need $60,000 to maintain the same level of service at the same rate in the Town of Wappinger, BE IT RESOLVED, transfer from A fund unallocated Insurance, 00-01-1910.40, $60,000 to A Fund, Ambulance Service, 00-05-4540.40. Seconded by: Councilman Farina Roll Call Vote: 4 Ayes Councilwoman Smith ---Abstain Mrs. Smith is on the Sloper Willen Board. 105 Richard Blair, Field Representative of the Civil Service Employees Association, Inc. directed a letter to the Supervisor and the Attorney informing them that the Town of Wappinger Highway Unit, CSEA, favorably ratified the tentative agreement they reached on March 2, 1988 and requested to be advised of the outcome of the Town Board's vote. In a conversation earlier tonight Mr. Wood indicated to Mrs. Paino that a copy of the tentative agreement would be forwarded to the Town Board along with a memo relating to the matter. Mrs. Paino recommended that a work shop be held for further discussion prior to voting on it. A Memo was received from Mr. Levenson requesting the return of a $35.00 fee for a ZBA Appeal. It was determined that the applicant, Corporeal Development Corp/Brian Engles, President, did not require a variance. MR. REIS moved to approve the refund of $35.00 fee to Corporeal Development Corp., as recommended by Mr. Levenson. Seconded by Mr. Valdati Motion Unanimously Carried A Memo was received from the Attorney regarding the D.E.C. versus the Town of Wappinger, Proposed Judgment on Consent. This was discussed at a work shop meeting with Mr. Wood about two weeks ago and it appears that the Town has no choice in the matter, they really have to accept the agreement. It sets forth a time schedule at which the Town has to move on the D.E.I.S. and construction relating to the three alternates to upgrade the Oakwood Knolls Sewer Treatment Plant or build another one, as set forth in the Wastewater Treatment Facilities Plan. They do not specify the alternate, they have left the decision on the alternates up to the Town Board. MR. VALDATI moved to authorize the Supervisor to sign the Judgment on Consent relating to the D.E.C. versus the Town of Wappinger. Seconded by Mr. Farina Motion Unanimously Carried There were now two vacancies on the Board of Architectural Review for the Town Board to consider. MRS. PAINO moved to table these appointments. Seconded by Mr. Reis Motion Unanimously Carried 106 Unfinished Business --- Consideration of U. S. Cablevision request for renewal of lease for the Satellite Dish at the Hilltop Water site, was tabled at the last meeting and now placed before the Board for their consideration. MR. FARINA moved to table this matter until we get a clear response and better cooperation from the U. S. Cablevision Company. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Smith asked that a work shop be scheduled to discuss Reed Bennett's request for the Town Board to reconsider his rate as a tenant to the Mid -Point Water and Sewer District; this was at the recommendation of the Attorney. New Business --- Rosemary DelPachio, Rosewood Court, wished to speak on the proposed traffic light at Spook Hill Road and Myers Corners Road. There is not much distance between Spook Hill Road and Blackthorn Loop and she would like to see a further study done. Mr. Farina visited the site and when reviewing the report noticed that Blackthorn Loop was not shown on the map. There is less than two car lengths from Blackthorn Loop to the intersection where the light is proposed and Mrs. DelPachio's concern and others in the neighborhood is that when there is a red light they will not get out of Blackthorn Loop. Mr. Hawksley, Chairman of the Planning Board, noted that he was not aware how bad this situation is and he was glad Mrs. DelPachio brought this to his attention. It will be addressed by the Planning Board at the site plan review. A notice was received from the Planning Board enclosing a resolution unanimously adopted by that Board which provided for the Acceptance of the Final Environmental Impact Statement for the Pizzagalli Office Building Complex (Phase 3), the subsequent issuance of a Notice of Completion and the conduct of a public hearing. This notification was for the Town Board's information and required no action. There was no other business to come before the Board. MRS. PAINO moved to adjourn the meeting, seconded by Mr. Valdati and unanimously carried. The meeting adjourned at 8:20 P.M. Reg. Mtg. 3/21/88 00A/o4 SK/dtA-- Elaine H. Snowden Town Clerk