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1988-03-07 RGMAGENDA TVWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING MARCH 7, 1988 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Feb. 1, 1988 Reg. Special 2/18/88 A. REPORTS OF OFFICERS: Town Justices Receiver of Taxes Zng. Adm. Corpt/Sopezvisoz Supervisor Annual Report Hydrant Report 5. PETITIONS & COMMUNICATIONS a. Broome Industrial Construction, Inc., Invoice (Deo,31,"87) for painting Rockingham Water Storage Tank b. NYS Dept. Health, Geo. Shaefer, Chief Eng. Tech., re: Approval of plans. -Ardmore Hills Water Dist. Booster pumping Station, E c. 2 Notices of Intent to Renew Liquor Licenses: 1. Richard A. Morel for 7-11 on Rte 9; 2. Salvatore Aglione, for Aggies of Dutchess, Irc. d. Confirmation of appointments of members to T/W Fire Prevention Bureau: Joseph Norton, New Hackensack; Herbert Muller, Chelsea e. Rob't Hankin, Pres, Wappinger Park Homes, Inc., re: Price for Sale of Water Utility f. T/East Fishkill (addressed to L. Pattison, Co. Ex.) re: Resolution asking to ban Non -Passenger Vehicles from proposed CR -11 g. J. Paggi, Eng. to Town, re: Balfour Drive Drainage h. Correspondence from Town Justices re: oversight of considering increase of hrly rate for unarmed Court Officer i. Sheriff Scoralick re: Increase of hrly rate for Vandalism Patrol j. L.R. Rosenberg re: development of Water pumping station at Chelsea k. Notice of completion of Draft EIS & P.H. for Stoneridge Subd from Planning Bd. 1. T/W glog' Bd.: SEQR acceptance of Final EIS & issuance of Notice of Completion & P. B. on application by Pizzagalli Dev. Co, m. Receipt of Revised L.L. for Proposed Interim Zng. Law n. 8. Levenson, Zng. Adm. requests Bd. consideration of (1) Zng. Ord. amendment to impose Civil Penalties for construction starts without Permits & (2) contiguous non -conforming lots 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Vacancy on Planning Board b. Vacancy on Board of Architectural Review c. Appointment of Town Historian d. Consider adoption of Local Law re: "No Parking" on portions of Kent R. e. Billing arragnement for Richard Mayo - Tenant of Mid-pointW/S Dist. I. Lease w/ U.S. Cablevision for contination of TV receivers located on T/W property g. Wm Crane, Attny for Town representing Twn in Tax reviews - request authorization to execute Consent Judgements for Tax Certiorari proceedings against T/W from Parkwood Assoc.: GateWhite Assoc.: & Scenic Garden Assoc. (with recommendations from Town Assessor) h. Corr. from Dutchess Co., Beth Doyle, re: Amendment to agreement providing for the conduct of Programs pursuant to the Urbkn Co. Pzngz` i. M. T. O'Leary, Ex. Dir, Community Services Program re: Amendment to Agreement -Sub grantee agreement for add`l matching Funds to former T/uall rehabilitation project. j. NYSDOT re: Street Lighting agreement - Route 9 k. Planning Bd. recommendation to waive "Down Stream Drainage Fees" for Villa Borghese 1. H. Levenson, ong, udm, request refund of $35.00 from an application fee for Janet Muscat. i 2 - Wappinger Town Board March 7, 1988 RESOLUTIONS, Con't m. Planning Bd. request Town Board consider appointment of Raymond H. Arnold to position of Town Planner n. Consider setting Public Hearing re: Declaration of Greenfly Swamp as a Critical Environmental Area o. Consider awarding Bids for Highway Gasoline and Diesel Fuel 8. UNFINISHED BUSINESS a. Notification from NYS Office of Mental Retardation & Developmental Disabilities, and Memo from Tom Wood, Esq., re: Administrative Hearing Decision on 38 Kent Rd. Group Home 9. NEW BUSINESS a. Marc Kelley requests permission to become Tenant to Wildwood Sewer Dist. 10. ADJOURNMENT REMINDER: Public Hearing on Local Law for "No Parking" Kent Rd. at 7:25 P.M. 3/7/88 70 The Regular Meeting of the Town Board of the Town of Wappinger was held on March 7, 1988 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at7:55 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: Joseph E. Paggi, Jr., Engineer Thomas Wood, Attorney Herbert Levenson, Zoning Administrator The Supervisor requested all to join in the Pledge of Allegiance to the Flag, followed by a moment of silent prayer for the Town of Wappinger and its residents. The Minutes of the February 1, 1988 Regular Meeting and the February 18, 1988 Special Meeting, having previously been forwarded to all Board Members, were placed before them for their consideration. Mrs. Smith asked for a correction on Page 64 of the February 18, 1988 meeting, instead of Mrs. Paino telling her to do her homework, it should have been Mr. Reis. MRS. SMITH 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 months of January and February from the Town Justices, Zoning Administrator, Supervisor/Comptroller and the Dog Control Officer; for January from the Receiver of Taxes and Hydrant Report, also the Supervisor's Annual Report. MR. REIS moved to accept the above stated reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried At the time of the Public Hearing on a proposed Local Law Regarding No Parking on Certain Portions of Kent Road, Mrs. Paino told the residents that the Board would address consideration of this Law 71 before "Petitions and Communications". A Public Hearing having been held on March 7, 1988 on a proposed Local, Law Restricting Parking on Certain Parts of Kent Road, the matter was placed before the Board for their consideration. MRS. PAINO moved that no consideration be given to the adoption of this proposed Local Law. Seconded by Mr. Farina Motion Unanimously Carried Deborah Hongach, 108 Kent Road, thanked the Board for voting down the Local Law. She also had an incident to relate to the Board on a related matter. The Town Police, she noted, are very intimidating; they will knock on the door and order you to move the car, when you ask if there is a problem they don't answer they just repeat the order to move the car or they will ticket you immediately. On another occasion there was a funeral and they told this to the deputies who did not care they just wanted the cars out of the road and did not care where they put them. MR. FARINA moved that a letter be forwarded to Detective Amburgey, who is in charge of the Vandalism Patrol advising him of the action taken tonight regarding the Local Law and indicate that it would be discrim- inatory to bother the residents on that portion of Kent Road as the only Ordinance in effect for no parking is the Snow Ordinance. Seconded by Mrs-. Paino Motion Unanimously Carried Petitions and Communications --- A request was received from Broome Industrial Construction Inc. for the return of their retainage fee on the painting of two water storage tanks in the Rockingham Water District ---Maxwell Place and Hilltop. Both the Engineer and Comptroller have approved the release of the amount of $1,215.99 to the contractor. MRS. SMITH moved to approve the release of the retainage fee on Rockingham Water Storage Tank Painting, in the amount of $1,215.99, to Broome Industrial Construction Inc. Seconded by Mr. Farina Motion Unanimously Carried 72 A letter was received from the New York State Department of Health re Approval of Plan, Ardmore Hills Water District, Booster pumping station, water tank and appurtenances. The Engineer explained that during the approval process of Lookout Point Subdivision on top of Ardmore Drive, it became apparent that the current Town water booster station would not be adequate to serve the proposed development. The developer proposed to construct a new water booster station at a lower elevation on Eck Road that would supply the necessary water pressure not only for his development but for the remainder of Michael, Marlyn, Lydia, Peter and Ada Drive that presently receive only marginal water pressure. The expense of this station will be borne solely by the developer. Mrs. Paino noted that this developer had been given approvals by the former engineer and she proceeded to commend Mr. Paggi for catching this discrepancy. MRS. PAINO moved to accept the correspondence and place it on file. Seconded by Mr. Farina Motion Unanimously Carried Two notifications of intent to renew beer/wine licenses were received from Richard Morel, 7-11 Franchise, 222 Route 9 and Salvatore Aglione, Aggie's of Dutchess, Inc. Route 9D, both located in the Town of Wappinger. MR. REIS moved to receive these notices and file them with no comment. Seconded by Mrs. Smith Motion Unanimously Carried Two notices of appointments to the Fire Prevention Bureau were received from New Hackensack Fire District appointing Joseph Norton and from Chelsea Fire District appointing Herbert Muller. Mr. Norton is replacing Francis Daniels and his term will expire in July of 1989; Mr. Muller is filling out the unexpired term of James Tompkins who resigned from the FPB when he was appointed as a member of the Zoning Board of Appeals, and his term will expire in July of 1988. MRS. SMITH moved to confirm the appointments of Joseph Norton and Herbert Muller to the Town Fire Prevention Bureau. Seconded by Mr. Farina Motion Unanimously Carried 73 Mr. Robert Hankin, President of Wappinger Park Homes, Inc. wrote to the Board relating to the possible takeover by the Town of the private water system serving these residents and owned by Mr. Hankin. He indicates that the Company would be willing to sell all its assets for $76,000, subject to a contract for the sale being signed prior to August 31, 1988. A work shop meeting was held several weeks ago relative to problems that Wappinger Park Homes residents were having with the privately owned water system. At that time the Town Board requested the owner to submit his asking price for the system if the Town were to consider taking it over. Mrs. Paino had no knowledge at this time on the reasonableness of this amount; the concern that they have is that the residents paid for a number of capital costs, improvements and the wells, and it was her recommendation that they have another work shop meeting with the residents, the owner of the water system, representa- tives of the Public Service Commission and the Department of Health. MRS. PAINO moved to accept the correspondence from Mr. Hankin and place it on file pending a future work shop. Seconded by Mr. Farina Motion Unanimously Carried Mr. Valdati noted that at the work shop it was brought out that the residents were informed via their bill that the chloride content was acceptable, but what they were drinking was not acceptable, according to the New York State Health Department. Since this was brought out, Mr. Hankin changed the notice on the bill informing the residents that they are drinking chloride above the accepted normal point. Florence Graff was recognized by the Chair and asked if there was a problem with this water system. There has been a problem for several years, Mrs. Paino explained --- water pressure, pin holes in the system and other problems. According to Mr. Ruff of the Health Department there are recommeded levels of chloride acceptable and correction will have to be made to this system to lower the level. The cost of the recommended corrective treatment could be prohibitive to the residents of that area. The Health Department will determine what action they should take following their review of the report which the Company will send to them by the end of next month. There are some concerns on seepage from the salt bin at the Highway Department and the Engineer has been requested to investigate this possibility. The Engineer elaborated on the mechanics of the system for the benefit of Mrs. Graff and assured her that the entire Town would not pay for the water district if the Town did consider the purchase; the residents of that area who are served by the district would pay the expenses just as they do for the existing water and sewer facilities governed by the Town. the All Town Boards received copy of a letter from East Fishkill Town L 74 Clerk, Doroth Mekeel to County Executive Lucille Pattison relative to approving a resolution to ban all non -passenger vehicles from County Road #11, Maybrook Rail Branch Line from the Town of Poughkeepsie through the Town of East Fishkill, LaGrange and Wappinger. Mrs. Smith noted that Commissioner Spratt, Dutchess County Department of Public Works indicated to her that he did not have the jurisdiction to prohibit this vehicle traffic through the proposed road. Mr. Farina added that County Road #11 is part of the Master Plan of this Town and since it is the intent to move some of the traffic off of Route 9, it would not be in the best interests of the Town to ban non -passenger vehicles. MRS. SMITH moved to receive this correspondence and place it on file. Seconded by Mr. Farina Motion Unanimously Carried A report was received from the Engineer re a drainage problem at 24 Balfour Drive. Mr. Farina had originally brought this concern to the attention of the Engineer and explained that he visited the site at the request of the resident and referred it to the Engineer. His report indicated that there is work to be done and in his opinion, it can be done by the Highway Department. MR. FARINA moved that the Engineer and Highway Superintendent assess the work to determine what this department can do to resolve the situation and the cost involved. Seconded by Mr. Valdati Motion Unanimously Carried 75 A request was received from the Town Justices regarding the salary of the unarmed Court Officer, Arthur Eichler which was overlooked when they prepared their 1988 Budget. His present salary is $5.25 per hour and they were requesting that it be raised to $6.00 per hour in lieu of his faithful performance of duties for many years without an increase in hourly compensation. Mr. Reis felt this was a large oversight in the Town Justice Budget and realized it was their intent to request an hourly rate increase for Mr. Eichler. MR. REIS moved to increase Mr. Eichler's hourly salary from $5.25 to $6.00, retroactive from January 1, 1988. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Smith complimented the Comptroller for being a "watch dog" and not taking action on this matter until it was officially approved by the Town Board; Mrs. Paino pointed out that this omission had nothing to do with the Town Board or the Comptroller, it was an oversight by the Town Justice Department which they sought to remedy when it was realized. On a related matter, Sheriff Scoralick wrote to the Board regarding a change in the hourly pay rate for Deputies on the Vandalism Patrol. The Town Board adopted an hourly rate of $9.00 per hour for these Deputies, however, Detective Carl Amburgey had anticipated a request for an increase and included a raise to $11.00 per hour. A previous request from the Sheriff was for an increase to $15.00 per hour, however, Mrs. Paino explained to Detective Amburgey that she could not support such an increase. After a discussion between Detective Amburgey and Sheriff Scoralick, they reached a compromise of $11.00 per hour. MRS. PAINO moved to raise the hourly pay rate of the Vandalism Patrol Deputies from $9.00 to $11.00, retroactive to January 1, 1988. Seconded by Mr. Farina Motion Unanimously Carried Mr. Farina felt this rate was still a bargain. 76 A discussion ensued regarding the justification of raising this rate to $11.00 per hour. There were those, specifically Mr. Incoronato who objected to this raise for the work they do. He felt that anyone, any resident with a clean record could to this work. Mr. Farina and Mrs. Paino felt it was a reasonable fee and far cheaper than a Town Police Department would cost. Also, a survey sent out to the residents last year revealed that the majority of the residents wanted additional police protection other than what the Sheriff's Department or the State 460 Police provide. Mr. L. Richard Rosenberg wrote to the Board regarding their intent to pursue the idea of tapping into the New York City Delaware Aquaduct via the Chelsea pumping station. He offered to donate a large parcel of land in the Chelsea area to possibly accommodate the site of the treatment plant necessary to help implement the plan and recommended that the Town Board implement the next step by naming a citizen advisory panel to study the plan. MRS. PAINO moved to receive this correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried Prior to the vote, Mrs. Paino responded to a question regarding a meeting with officials in New York City to discuss this matter, that she had forwarded a report from Brinnier and Larios, the firm engaged to study this plan and consult with the Engineer to the Town, to the officials in the City and they have indicated they will get back to the Town by the end of the month. At the meeting that took place, their attitude was positive. Another resident noted that Dutchess County has an ongoing effort to develop water resources within their area and asked what the Town of Wappinger has done to coordinate their 060 efforts with Dutchess; Mrs. Paino elaborated on the programs initiated by this Town in an effort to conserve, seek additional and develop water resources. Mr. Rosenberg referred to the concept of "privatation" in his communication, (the involvement of Government and the private sector), and felt considerable savings could be achieved. Mrs. Paino felt that the Town was trying to help the residents and therefore the Town officials should be involved, not officials from private water companies; she was not interested in proposals from private water system for the Town. The area Mr. Rosenberg proposed to donate to the Town is in the area of River Road and according to the report 77 done by Brinnier & Larios the location for such a water filtration plant should be in the area of Wheeler Hill Road, which is a much higher elevation and will better serve the district. The SEQR Notice of Completion of the Draft E.I.S. and Notice of Public Hearing was received from the Planning Board on Stoneridge Subdivision; the Public Hearing has been set for March 28, 1988 at 7:30 P.M. at the Wappinger Town Hall. MR. VALDATI moved to accept the Notice and place it on file. Seconded by Mrs. Smith Motion Unanimously Carried A second SEQR Acceptance of Final Environmental Impact Statement, Issuance of Completion and Notice of Public Hearing was received from the Planning Board on an application from Pizzagalli Development Co. The Public Hearing was held on March 3, 1988 at the Wappinger Town Hall. MRS. SMITH moved to accept the Notice and place it on file. Seconded by Mr. Farina Motion Unanimously Carried A revision of a proposed Local Law on Interim Zoning was received from the Attorney and submitted to the Board for their consideration. The following proposed Local Law was introduced by SUPERVISOR PAINO: A Local Law Regulating for an Interim Period the Issuance of Building Permits and Approval of Subdivision Plats and Site Plans in the Town of Wappinger, Pending Completion and Review of an Updated and Revised Comprehensive Master Plan and Contemplated Amendment of the Zoning Ordinances by the Town Board. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: 1. SHORT TITLE This Local Law shall be known and may be cited as the "Interim Zoning Law" of the Town of Wappinger. II. LEGISLATIVE INTENT AND FINDINGS OF FACT A. The Town of Wappinger, Dutchess County, New York, concerned about land use and development trends in the Town and the region and the standards contained in the Town's current development regulation, intends to adopt an updated master plan and prepare an appropriate Zoning Ordinance. For this purpose, the Town has and intends to continue to conduct research, studies and surveys and will present findings and recommendations to the public through informational meetings and formal public hearings. This procedure will lead to the adoption of a revised master plan and the preparation and adoption of necessary amendments to the zoning ordinances and subdivision regulations of the Town of Wappinger to implement such plan. The necessary adoption and preparation of the revised master plan is expected to take nine (9) months. B. The Town Board does hereby find that, pending the completion of the necessary surveys, studies, meetings and hearings and other actions 78 incident to proper consideration and decisions relative to the Master Plan and any revisions and amendments of the Town zoning ordinances and subdivision regulations, that appropriate and statutory measures must be taken during this period to protect the public interest by preserving the integrity of the proposed revised and master plan. The Town Board also finds that continuation of present zoning regulations above during the interim period may destroy the integrity of the Master Plan and its basic purposes, comprehensive aspects and intentions, in that, since the adoption of the Master Plan now in effect, the Town has experienced localized ground water shortages and pollution, building on steep slopes, infrastructure deficiencies, and the lack of affordable housing, and the rapid escalation in land values. Pursuant to authority duly vested in it, it is the intention of the Town Board to protect said Master Plan and to preserve its intended objectives and insure implementation by hereby adopting reasonable protective interim regulations during preparation and consideration of the aforesaid Master Plan and prospective changes in the zoning ordinances and subdivision regulations and thereby protect the public interest and welfare and prevent premature land development that could prejudice the integrity and objectives of the Master Plan or result in the establishment of land use patterns that may be inconsistent with and in violation of the intent of the revised Master Plan. This interim zoning legislation to supersede and supplement existing zoning laws in the Town of Wappinger by adding additional area requirements to the lot size required in each residential and business districts by applying those set forth in Section 421 and 422 as amended herein. The Town Board further has provided herein for a review and appeals procedureto avoid or minimize any iniquities or hardships that may result from the strict application of these regulations. III. ADDITIONAL REQUIREMENTS FOR APPLICATION OF CHAPTER 66 AND THE SUBDIVISION REGULATIONS OF THE TOWN OF WAPPINGER. A. Section 421 and 422 entitled "Schedule Establishing Standards" of the Town of Wappinger Zoning Ordinance is hereby supplemented by requiring adherence to the requirements set forth below in addition to those set forth in the Zoning Ordinance is amended as set forth in the following tables: TABLE S 421 SCHEDULE OF REGULATIONS FOR RESIDENTIAL DISTRICTS Lot Designation Square footage R 10 R 15 R 20 R 40 20,000 30,000 40,000 80,000 S 422 SCHEDULE OF REGULATIONS FOR NON RESIDENTIAL DISTRICTS PI lA 2 acres AI 2A 4 acres OR lA 2 acres HB lA 2 acres HB 2A 4 acres GB 45,000 square feet NB 1 acre (40,000) B. Any application for subdivision in accordance with subdivision regulations that has been granted "preliminary approval" by the Planning Board to the effective date as forth in the Zoning Law. C. Section 421 "Multiple FAmily Resident Districts 3 acres and 5 acres and 425 PUD" is suspended until this law expires. D. The official Zoning Map of the Town of WAppinger adopted March 10, 1980 shall be deemed amended by the requirements herein. E. This law shall expire nine (9) months from the date of adoption which will be January 18, 1989. 79 F. Notwithstanding anything to the contrary herein, nothing contained in this Interim Zoning Law—shall have any effect to any property presently located within a duly established Sewer and Water District within the Town of Wappinger. Any property serviced by both a Sewer and Water District within the Town of Wappinger shall continue to be governed by the provisions of the Zoning Ordinance without regret to any amendments enacted herein. IV. SCOPE OF CONTROLS. A. During the effective period of this law: 1. Building permits shall be issued in accordance with the revised standards herein. 2. The issuance of building permits where completed applications have been submitted to the Building and Zoning Inspector within thirty (30) days from the effective date of this law, shall be in accordance with the requirements of the law existing immediately prior to the adoption of this law. 3. Building permits shall be issued in accordance with the pre-existing zoning standards for lots within subdivision plats that received final approval after March 10, 1980 as defined by Subdivision Regulations of the Town of Wappinger of the Code of the Town of Wappinger and filed in the Office of the County Clerk, prior to the effective date of this Local Law. V. APPEALS AND VARIANCES Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Local Law, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this Local Law relating to the use, construction, or alteration of build- ings or structures, or the use of the land, so that the spirit of this Local Law shall be observed, public safety and welfare secured and substantial justice done. No variation or adjustment in the strict application of any provisions of this Local Law shall be granted by the Board of Appeals unless it finds: A. That the hardship is due to unique circumstances and not to general conditions in the neighborhood. B. That the hardship shall not have resulted from any act of the applicant subsequent to the date of adoption of the provision or provisions appealed from whether in violation of such provision or not. C. That for reasons fully set forth, in the findings of the Board, the strict application of the provisions of this Local Law would deprive the applicant of the reasonable use of such land or building, and that the variance granted is the minimum variance necessary for such reasonable use. D. That the granting of the variance will be in harmony with the intent of this Local Law, will not be injurious to the neighborhood or otherwise detrimental to the public welfare. VI. PENALTIES Any person, firm entity or corporation that shall construct, erect, enlarge or alter any building or structure or subdivide any land in violation of the provisions of this Local Law or shall otherwise violate any of the provisions of this Local Law shall be subject to penalties as otherwise provided by law or ordinance of the Town of Wappinger for such violation. L VII. VALIDITY The invalidity of any work, section, clause, paragraph, sentence part or provision of this Local Law shall not effect the validity of any other part of this Local Law which shall be given effect without such invalid part or parts. VIII. REPEAL OF OTHER LAWS All ordinances or parts of ordinances in conflict with the provisions of this Local Law are hereby suspended to the extent necessary to give this Local Law full force and effect during the effective period. IX. CONFIRMING STATUS MAINTAINED Any structure for which a Certificate of Occupancy has been issued prior to the effective date of this Local Law shall continue to be deemed conforming and shall not become "non -conforming". Any application for alterations or additions to these existing conforming structures shall be reviewed without regard to the provision of this Local Law. X. EFFECTIVE DATE This Local Law shall take effect immediately, upon filing with the Secretary of State. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 7th day of March, 1988, a proposed Local Law entitled, the Interim Zoning Law, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW/ THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 18th day of April, 1988 at 7:00 P.M., on such day, at the Town Hall, 20 Middlebush Road, Town'of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Prior to the vote on this Public Hearing, Mr. Valdati suggested that an amendment be made specifying the expiration date of this law. MR. VALDATI moved to establish a Sunset Clause within the Interim Zoning Law to set a date when this Local Law will expire. Seconded by Mrs. Smith Motion Unanimously Carried 80 81 At the time Mrs. Paino set the Public Hearing date, she requested that the Local Law on Interim Zoning be in -effect nine months (9) from the date of the Public Hearing, which would be January 18, 1989. Two memos were received from Zoning Administrator, Herbert Levenson, regarding the Board's consideration of two amendments to the present Zoning Ordinance ---the first was to impose a Civil Penalty of $250.00 for commencement of any work requiring a permit without having first obtained the permit and the second relating to contiguous non -conforming lots. Mrs. Paino recommended that a work shop meeting be scheduled with the Zoning Administrator and the Attorney to the Town to discuss the amendments. Mrs. Paino brought to the attention of those present, the display in the Trophy Case set up by the Girl Scouts showing what this youth activity is all about for the benefit of the residents of the Town. There's a lot more to it than selling their favorite cookies although that's a popular part of it. This week they are celebrating their 60th Anniversary. PROCLAMATI O N In recognition of the Girl Scouts of America, who are celebrating their 60th Anniversary of the World Association of girl guides and girl scouts this week. NOW, THEREFORE, I, IRENE M. PAINO, Supervisor of the Town of Wappinger, do hereby proclaim the week of March 6, 1988 as: "GIRL SCOUTING WEEK" in Wappingers Falls, New York. s/ Irene M. Paino Town of Wappinger Supervisor Mrs. Paino reported on a meeting with Poughkeepsie, Dutchess Metropolitan Planning Organization of which she is a member, held at Transportation Headquarters in Poughkeepsie. While there, she reminded representatives of the New York State Department of Trans- portation that the Town needs the traffic light at the intersection of Route 9D/Chelsea Road/Baxtertown Road, requested by Mr. Reis back in 1984. They indicated, once again, that it will be taken care of later this Spring. Mrs. Paino assured them that the Town will be keeping their eye on this location and hope that this time the D.O.T. will keep their word. 82 The Town Board had previously requested the Dutchess County Planning Board to include and make the Town of Wappinger first on the Route 9 Corridor Study. At this meeting, Richard Birch and Kealey Solomon of the County Planning Department, indicated that they expect the study to be completed for the Town of Wappinger by May of this year at no cost to the residents; also they expect to complete Myers Corners Corridor Study by this time next year, again at no cost to the Town residents. And lastly, a report relating to apartment/condominium conversion and conversations held by Mrs. Paino, Mr. Reis with Stephen Saland's Office as well as Senator Rolison's Office. In 1983 the Town Board adopted Chapter 771 of New York State Law protecting our senior citizens. Many of the Town's apartment complexes have converted, the latest one being Brookside Gardens which houses many senior citizens. Mrs. Paino expressed concern and stressed the importance of protecting these people. She and Mr. Reis will meet with Assemblyman Saland and Senator Rolison to discuss what can be done on a state level to be more specific regarding the rent increases, particularly for senior citizens. The law passed in 1983 does not allow the owner to evict a senior citizen, however, the state legislation, which is reflected in the Town Law, does not really specify how much of a percentage rent increase can be levied on these people. Research by the Attorney resulted in the fact, that nothing has been done by the state to protect these citizens and the Town hopes to persuade them to enact legislation to help them. Mr. Valdati added that he was told by the Attorney General's Office that rent increases were valid as long as they not "unconscionable" which is very broad and actually sets -no legitimate limit. A meeting will be held at the Town Hall on Wednesday, March 23, 1988 at 7:00 P.M. for the purpose of addressing this issue. Committee Reports --- Mr. Valdati, Highway, reported that a tentative agreement with the Highway employees has been achieved and the terms are within the realm of fiscal responsibility. Mrs. Paino commended the Attorney, Comptroller, Highway Superintendent and Highway employees who spent many hours negotiating the terms of the contract. Mr. Reis had no reports for this meeting. Mr. Farina had several items to report from the Association of Towns Meeting in February. 83 He was a delegate from the Town at this meeting and noted that one of the functions done by the Association for the towns is act as a lobby group to the State Assembly and Senate. The resolutions worked on mostly concerned solid waste which are concerns of the Department of Environmental Conservation. They have recommended to the State that they have the responsibility to support local efforts to address the enormous problem of solid waste; it should include providing real financial help for closing of landfills and for construction of other disposal alternatives, etc. Another item addressed was sales tax sharing, the Association of Towns supports legislation which would require counties to share 50% or more of the proceeds of county sales tax. This resolution did not pass by a large margin; the solid waste resolution was unanimous. Federal Revenue Sharing ---the Association asked the state to stop making mandates without providing the monies to implement them. The FRS has had a 1.3 billion dollar cap since Gorvernor Carey's time and if you adjust for inflation, to get the same amount we used to get it would have to be at about 8 billion dollars. Towns are no longer exempt from fuel taxes; it is now required that the town pay them then fill out forms to receive a rebate on the money paid out. The resolution was unanimously passed to request federal legislators to repeal that part of the Tax Reform Act. The next item they addressed was one that Mr. Farina addressed at one of the previous Town Board meetings and it related to operation and maintenance reimbursement to operators of sewer treatment plants. When the Clean Water Act was passed, in order to back it up the state offered 33% funding on O&M charges on sewer plants. There were many municipalities who built sewer plants and when they went for the O&M aid it wasn't at the level previously stated; this Town has seen it drop from 33% to 12}% and we sent a letter to the D.E.C. requesting that the percentage be brought back up to the level stated in the Act; the Association will be pursuing this. Condominium Assessments ---under the current Real Estate Tax Act the condos are treated like rental properties and as a result, they receive an exemption equal to about 1/3 of their value, which shifts the tax burden to home owners. The Association feels that condos owners are also home owners and should share equal tax burden. They support legislation which would amend the Real Property Tax Act to eliminate L 84 preferential treatment for condos. Towns are not authorized to charge for returned checks on tax bills; the Association is asking the State to approve a service charge for returned checks amended by Mr. Farina to include special districts. Mr. Farina had the honor of introducing the resolution on the reimbursement for O&M on sewer treatment plants since he expressed his concern on this matter. Mr. Farina, as liaison to the Town Cable Committee met with the Deputy Commissioner of Cablevision last week and the Poughkeepsie Cable Committee, (the New York State Cable Commission has agreed to work with them) in an effort to try to get some leverage against U. S. Cablevision. Charles Cortellino, Chairman of the Town's CATV Committee has spent many hours on the problems that keep arising and has been an invaluable assistance to Mr. Farina. Mr. Cortellino has checked with Hyde Park and they have no cable committe, East Fishkill has a committee and will work with him, in Fishkill he has contact with the councilman and LaGrange is creating a cable committee. Mayor Synnett of the Village of Wappingers Falls will work with them in their opposition to the tactics used by U.S. Cablevision. Mr. Valdati mentioned that the Mayor had asked him to represent the Village at the meeting with other involved towns and asked the Attorney if this would be a conflict since he is an elected Town Official and the Village has their separate government; the Village also has a separate franchise with U.S. Cablevision. Mr. Wood saw no direct conflict, there may, however, be an inference from the public. There may not be at this time since it is a common cause but it could develop if the cable company takes a different position with the Village than the Town. There is no legal bar, he added, but the potential for a conflict to develop exists. Mrs. Paino thanked Mr. Farina for representing the Town and the excellent job he did involving himself in these interests on behalf of the Town and its residents. Mrs. Smith, Personnel, has made an effort to come into the Town Hall once a week to say hello and if they have problems, she'll be glad to listen to them, but there doesn't seem to be any at present. She called Mr. DeCarlo, the Deputy Highway Superintendent relating to the recent snow days given to the Town employees. Mrs. Smith was told it was because the Highway Department did not plow til late and there was no access to the Town Hall unless it was plowed. Mr. DeCarlo said 85 that wasn't so and stated that the Highway Department is at the Town Hall plowing at 6:00 A.M. on snowy days. Mrs. Paino didn't think it was the Highway Department's problem, she felt they were doing a great job, however, she reminded Mrs. Smith that we had other problems at the Town Hall necessitating closing due to broken pipes, no heat on a few occasions and water throughout the halls. Mrs. Smith knew about these incidents, she was just questioning the snow days and felt assured that the Highway Department would be at the Town Hall early in the event we have more snow. Resolution --- A vacancy still existed on the Planning Board and the matter was placed before the Board for their consideration. Mr. Valdati moved the name of John Ritchie to be appointed as a member of the Planning Board. The motion was seconded by Mrs. Smith. Mr. Valdati had a copy of Mr. Ritchie's resume and since he was fighting with laryngitis and it appeared to be getting the upper hand, he asked Mrs. Smith to read it. The letter was addressed to the Town Board and in essence Mr. Richie highlighted his length of time in the Town, his personal history, education, including a five year plumbing apprenticeship program, postition as plumber instructor, fire fighter, fire prevention officer for ten years in Pelham, etc. He was interested in becoming a member of the Planning Board and hoped to establish a business within the next few years and retire in Wappinger. (We did not receive a copy of the letter, so it was summarized). A Roll Call Vote was then taken on the motion to appoint Mr. Ritchie and resulted as follows: 3 Nays Mrs. Smith ---Aye, Mr. Valdati---Aye. Motion Defeated The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Christopher Simonetty be and he is hereby appointed as a member of the Town of Wappinger Planning Board to fill.the vacancy created by the resignation of Victor Fanuele, and BE IT FURTHER RESOLVED, that the said Christopher Simonetty is appointed to the said Planning Board for a term which shall expire January, 1991. Seconded by: Councilman Reis Roll Call Vote: 3 Ayes Mrs. Smith ---Nay, Mr. Valdati---Nay Resolution Duly Adopted 86 Mr. Simonetty submitted the following resume: Attn. Irene Paino, Town Supervisor Dear Mrs. Paino, This will confirm my interest in filling the current vacancy on the Town Planning Board. Set forth is some background on my family and job experience. Residence history: My parents purchased land in Wappingers in 1946. As a family we continued to be weekend and summer residents. I eventually became a permanent resident, finished my high school education at Wappingers Central, and attended Dutchess Community College for two years. During this period, I resided at my parents home on Meyers Corners Road. Family History: I am married twenty three years. My wife Judith and I are the parents of four children. We reside at Kirin Farm on Widmer Road, our home since 1965. Job History: Initially ran a dairy farm with my brothers. On May 1st, 1970 I commenced employment with the Allstate Insurance Company, where I am presently in my nineteenth year. Presently I am a Claim Manager at the Newburgh Market Claim Office, where we service Dutchess, Orange, Ulster and Sullivan Counties. Farming continues to be a very active endeavor to this day. In closing, I hope this information assists you with your decision. The Town of Wappinger has experienced tremendous growth over the past years. I will offer my time and experience in the hope that it can assist the Planning Board on future decisions that will insure continued orderly growth for our town. Sincerely, s/ Chritopher Simonetty A vacancy still existed on the Board of Architectural Review and this matter was placed before the Board for their consideration. Mrs. Paino noted that the Chairman of this Board does have a recommenda- tion and they are still waiting for a resume from the applicant. MRS. PAINO moved to table the appointment pending receipt of resume from an interested applicant. Seconded by Mrs. Smith Motion Unanimously Carried At a previous meeting, Mrs. Smith, the Town's former historian, recommended the name of Brenda Von Burg, a resident of the Village of Wappingers Falls, as well as the Town of Wappinger. Mrs. Von Burg followed through with a resume to the Town Board. Due to the fact that several people had mentioned to Mrs. Paino that the Town Historian should live in the Town, as the Village also has a Historian, Mrs. Paino tabled the appointment pending the receipt of resumes from Town people. Needless to say, noone from the Town outside the Village limits has come forth with any interest in submitting a resume and it was naa placed before the Town Board for their consideration. 87 MRS. PAINO moved to appoint Brenda Von Burg as Town Historian for the Town of Wappinger. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino thanked "Connie" for her recommendation of Mrs. Von Burg as the new Town Historian. A request from Richard Mayo regarding some financial relief from the watef and sewer rates for the Mid -Point Water and Sewer District, as set forth in the Tenant Policy, was tabled at a previous meeting and referred to the Attorney for his review and recommendation. The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, RICHARD MAYO, is the owner of property known as Account No. 1962590490702800, and WHEREAS, said property is serviced by the Mid -Point Sewer and Water District on a tenant basis, since the property is outside of the District boundaries, and WHEREAS, the Town Board in work session has reviewed the billing arrangement presently in effect, and WHEREAS, the Town Board has determined that a modification of said billing arrangement is necessary in order for an equitable system to be established, NOW, THEREFORE, BE IT RESOLVED, that RICHARD MAYO shall continue to be a tenant to the Mid -Point Sewer District and that the rate for said service shall be the same as that paid by a resident of the District times 7i, and BE IT FURTHER RESOLVED that the present system for the billing of water rates shall continue as presently set forth. Seconded by: Supervisor Paino Roll Call Vote: 5 Ayes 0 Nays A Lease with U. S. Cablevision for the placement of their television receivers on Town owned property has expired; the Cable Company has requested a new lease for this purpose and the matter was placed before the Board for their consideration. MR. FARINA moved to table action on this matter pending some courtesy and cooperation from U.S. Cablevision regarding their relations with Town residents. Seconded by Mrs. Smith Motion Unanimously Carried At the last meeting the Town Board tabled action on a Consent Order forwarded from Attorney William Crane regarding the settlement of 88 Tax Certiorari proceedings against the Town of Wappinger, pending a recommendation from the Town Assessor, also a question on the one from Gatewhite Associates. Mr. Farina had taken this action and stated that he had cleared up the question on Gatewhite and a letter was received from Mr. Logan stating that he was in complete agreeance with the Attorney. The following resolution was offered by COUNCILMAN FARINA who moved its adoption: BE IT RESOLVED, that Crane, Wolfson, Roberts & Greller is hereby directed to execute a Consent Judgment in the form annexed, settling the following tax certiorari proceedings against the Town of Wappinger: Parkwood Associates, 1984 through 1986; Gatewhite Associates, 1984 through 1986; Scenic Garden Associates, 1984 through 1986. And that Crane, Wolfson, Roberts Greller is authorized and directed to settle the above captioned proceedings pursuant to the terms of said judgments. Seconded by: Supervisor Paino Roll Call Vote: 5 Ayes 0 Nays Mr. Incoronato was recognized by the Chairman and on a related matter, referred to tax relief given to Chelsea Apartments about six months ago in which Mr. Reis was involved. At the time there was talk about involving the Board of Ethics in this situation to determine if Mr. Reis should have abstained on the vote due to a conflict of interest in the matter. The Attorney informed him that notification was sent out and the first meeting will be April 7, 1988 at 7:30 P.M. at the Town Hall for the Board of Ethics to consider the two referrals from the Town Board and determine their time table and the person or persons they would like to discuss the matters with. The first meeting will probably be open to the public since the discussion will be general and in regard to procedures and future meetings. Actual discussion on the situation will be in executive session. The second item, the Attorney explained is in regard to June Visconti's appeal to the Zoning Board of Appeals for a special use permit, her representation of herself and the facts as they actually were before that Board. This was part of the original motion made to refer the matters to the Board of Ethics. 89 Correspondence was received from Beth Doyle Contract Compliance Specialist with the Dutchess County Department of Planning, to Peg O'Leary, Executive Director of the Community Service Program and a second one directed to Supervisor Paino from Peg -O'Leary in regard to the rehabilitation and grant monies applicable to the old Town Hall. Peg O'Leary was present to answer any questions the Board or the public may have. The first is an Amendment to the Agreement for an additional $15,000 which to be routed through the Town of Wappinger. The second Amendment to the Town's previous Community Development Sub -Grantee Agreement will access an additional $11,000 of Community Development Housing Match funds to the former Town Hall rehabilitation project. Ms. O'Leary explained that both amendments represent an excess of community development funds that have been left over from 1983 and if they were not expended they would be returned to the federal government. The Town Hall project is under way, however because of the historic nature of the project, costs are higher than anticipated and the funds will be put to good use since it is under construction. Mrs. Paino commended Ms. O'Leary on all the work she has done on behalf of community services and a host of other organizations that are making the Town of Wappinger and Dutchess County a better place to live. MR. REIS moved to authorize the Supervisor to sign both agreements as presented. Seconded by Mr. Farina Motion Unanimously Carried A revised Street Lighting Agreement and Resolution was received from the New York State Department of Transportation and identified as State Highway 5154 and 5549, for Route 9 from the Bridge to just south of Myers Corners Road, which the Town will be responsible to maintain. The Town Board has already approved the installation of seventy (70) lights; this formal agreement provides that the Town shall maintain, repair and energize this highway lighting system. The following Resolution was offered by COUNCILMAN REIS who moved its adoption: 90 WHEREAS, the State of New York Department of Transportation proposed to construct a State Highway identified as SH 5154 and SH 5549 - Route 9, PIN 8068.00, County of Dutchess, within the geographical jurisdiction of the Municipality of the Town of Wappinger, and WHEREAS, the Municipality of the Town of Wappinger approves of such project and desires to have a highway lighting system on such highway within its geographical jurisdiction, and WHEREAS, the State of New York has agreed to provide as a part of the project the following items, as necessary, in connection with a street lighting system: 1. Underground duct system, including conduits, pull boxes, and holes and drainage pockets. 2. Ducts, pull boxes and anchor bolts on structures. 3. Foundation for light standards. 4. Light standards and bracket arms. 5. Luminaires, wiring switches and ballasts and all other components necessary to complete the lighting system, provided that the Municipality of the Town of Wappinger agrees to maintain, repair and energize such highway lighting system for a period of 10 years or until such time as the Commissioner, in his discretion, determines that such lighting and/or the maintenance of such lighting system is no longer necessary for such a State Highway. NOW, THEREFORE, the Town Board duly convened, does hereby RESOLVED, the Municipality of the Town of Wappinger approves of the above subject project, and it is hereby further RESOLVED, that the Municipality of the Town of Wappinger shall maintain, repair and energize such highway lighting system, and it is hereby further RESOLVED, that the Town Board of the Municipality hereby authorizes the Supervisor of the Municipality of the Town of Wappinger to enter into and execute an Agreement with the State of New York and through the Commissioner of Transportation to commit the Municipality of the Town of Wappinger to maintain, at its own expense, the lighting system on the above -identified project, such agreement to provide that the maintenance shall include the repair and replacement of equipment and the furnishing of electric current for the lighting system, and BE IT FURTHER RESOLVED, that the Clerk of this Board is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays Questions were asked by the residents regarding the number of lights where they would be placed, the cost of the maintenance, etc., why we needed them, why we were paying for Village lights (which were actually not in the Village but legally on Town property), why not wait , or why not do all of Route 9. There were those who felt we should not take on this burden and allow the State to install them, or wait until we see if we need them when Route 9 is completed. This was all explained by the Board and if they were not put in at this time, it would cost the Town $30,000 at a later date, or perhaps even 91 more, depending on future costs. The installation is being paid for by the State, however, if they were to be put in below Myers Corners Road and to the Town line, these sections would each cost $30,000 to install now. After a lengthy discussion, the vote was taken resulting in unanimous approval. A Memo was received from the Planning Board recommending that the Town Board waive the Downstream Drainage Fee for the Villa Borghese. The Engineer explained that both his office and the Highway Superin- tendent advised the Planning Board that the Villa Borghese will require certain drainage improvements, some of which will convey storm waters from the site proper down to the existing stream; others will enhance the existing Widmer Road. The principals asked the Highway Superin- tendent for some financial relief and he responded that his budget could not handle it, they should ask the Town Board to waive the fees. This will not be setting a precedent, it has been done in the past in other commercial developments, where work has been done in lieu of fee. He had no problem with this request. Mrs. Paino asked the Engineer to provide the dollar value of the work the Town Agencies have required them to do versus the amount of money they would be paying to the downstream drainage fees. MRS. PAINO moved to table action on this request pending further information from the Engineer. Seconded by Mr. Farina Motion Unanimously Carried A Memo was received from the Zoning Administrator requesting that a refund of $35.00 be approved to Janet Muscat for a Variance Appeal that never went to the workshop or public hearing process since it was withdrawn. MR. VALDATI moved to approve a refund to Janet Muscat in the amount of $35.00, as recommended by the Zoning Administrator. Seconded by Mr. Farina Motion Unanimously Carried A request was received from the Planning Board to appoint a Town Planner which was approved by the Town Board at a previous meeting. They recommended the name of Raymond H. Arnold, Planning Consultant from Yorktown Heights at a rate of $50.00 per hour for approximately twenty (20) hours per week. As for a cap on the hours which was 92 question by Mrs. Smith, this would be based on the amount the Planning Board put into their 1988 Budget. MR. FARINA moved to appoint Raymond H. Arnold as Town Planner for the Planning Department at a rate of $50.00 per hour, and authorize the Supervisor to sign the contract with Mr. Arnold. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino introduced and welcomed Mr. Arnold who was present in the audience. In the matter of designating the Green Fly Swamp a critical environ- mental area, it was required that the Town Board set a public hearing. The Attorney agreed that according to the SEQR process, the next step would be the public hearing and this designation would require, should the Town Board declare the property to be such, that any planned activities in this area would be a Type I Action requiring a full Environmental Impact Study. MRS. PAINO moved to set a Public Hearing on Monday, April 18, 1988 at 6:45 P.M. at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, to consider declaring Green Fly Swamp, located on Route 9, a critical environmental area and hear all interested persons on this proposed action. Seconded by Mr. Reis Motion Unanimously Carried The awarding of two Highway Materials Bids, Gasoline and Diesel Fuel were tabled at the last meeting for clarification by the Highway Superintendent. Mr. Croshier explained that the bid for gasoline was recommended for Agway due to the fact that Bottini did not submit the bid on the proper form; they put the gasoline bid on the 4110 bottom of the diesel fuel bid and this is not acceptable; the bid for Diesel Fuel should be awarded to Bottini, this is for the Recreation Department. MRS. SMITH moved to award the bid for Diesel Fuel to Botttini Oil and the gasoline bid to Agway Petroleum Corporation as recommended by the Highway Superintendent. Seconded by Mr. Valdati Motion Unanimously Carried 93 A letter was received from the New York State Office of Mental Retardation & Developmental Disabilities in regard to their findings from the Administrative Hearing on the 38 Kent Road Group Home. Mrs. Paino explained the history of this matter which has now reached the point that the Town Board will have to consider whether or not they wish to go one step further and file an Article 78 Proceeding. Mrs. Paino pointed out that it's not that the Town does not want to have a group home here, but it is important where it is placed and the 38 Kent Road location which will have rights on Lake Oniad does not seem the safest place in the Town for these people; the road has heavy traffic and has many sharp curves. The Town did submit, via the residents of the Kent Road area, 23 alternate sites for the DCARC to consider. These were all rejected and the next step was the Administrative Hearing which resulted in the Commissioner concurring with the DCARC that the group home should be placed at 38 Kent Road. Residents of the area have contacted the Supervisor requesting that the Town Board consider and act on filing an Article 78 against DCARC. The Attorney explained this in his Memo to the Town Board and indicated that the basis for filing an Article 78 Proceeding, if they choose to do this, is that it does not appear from the record that the Agency gave due and deliberate consideration of all of the alternative sites suggested by the Town Board and the residents in the area. MRS. PAINO moved to accept the correspondence from the New York State Office of Mental Retardation and place it on file. Seconded by Mr. Farina Motion Unanimously Carried MRS. PAINO moved to authorize the Attorney to the Town to file an Article 78 Proceeding against DCARC in their placement of a group home at 38 Kent Road in the Town of Wappinger. Seconded by: Mr. Farina Roll Call Vote: 3 Ayes Mrs. Smith ---Nay, Mr. Valdati---Nay Motion Carried Mrs. Smith voted "Nay" because there is no recourse for the alternate sites and there has been no success recorded previously. Mr. Valdati felt it was time to show compassion to these children. Mrs. Paino felt that the Town had shown compassion and will continue to do so with those less fortunate than us; the Town has shown this by working diligently with DCARC, the Zoning Administrator spent 94 countless hours with their representatives and offered to visit the sites with them. If she voted against the motion she would be agreeing that 38 Kent Road was a good location to house these young people and she does not feel that it is in=their=best interest to do so and therefore wanted to pursue the matter with the Article 78 Proceeding. Mr. Levenson, Zoning Administrator, explained that he was a contact person to the DCARC and after he learned of their intentions for the sites they had in mind he told them they would not be proper for this type of operation. He offered a number of times to show them sites that would be more readlily accessible. His comment to them at all times was that the Town of Wappinger is not closing themselves to the DCARC for the mentally retarded people, they are considerate of them. Another item under unfinished business which was discussed at the work shop was the need to appoint a Fire Inspector. Four individuals have been interviewed and resumes received from all except the fourth one who was interviewed last Thursday night. The following resolution was offered by SUPERVISOR PAINO who offered its adoption: RESOLVED, that Mark Lieberman be and he is hereby provisionally appointed as Town of Wappinger Fire Inspector for a six month probationary period, and BE IT FURTHER RESOLVED that the said Mark Lieberman shall receive an annual salary of $21,000, to be prorated, for his services as Fire Inspector to the Town of Wappinger. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Mrs. Smith referred to a phone call from Mr. Reed Bennett who had requested the Town Board several months ago to relieve his financial burden as a tenant to the water and sewer district, similar to Mr. Mayo's complaint which was acted on previously in this meeting. Mr. Bennett said his matter was referred to the Attorney back in June of 1987 and he has not received any word since then. Another item she wished to discuss was at the January 19, 1988 meeting, Mr. Reis reported that the building was properly serviced and a contract required a signature from Mrs. Paino. She had requested a copy of this contract prior to voting on it but she did vote on it along with the other members of the Board. She is sorry she did that since in reviewing the proposal she found out it was an air conditioning contract instead of a maintenance contract. On the front in hand writing it states that it 95 is retroactive to November 1st, 1987, as was reported and it is signed by Mr. Palermo who also signed the contract. In the body of the contract, it states that it is in effect from January 14, 1988 to January 13, 1989 and she then noticed that the signature was different. Upon checking with Mr.palerma he confirmed her fears that it is for air conditioning and the contract dates beginning in January 1988 to January 1989 are correct. The Supervisor, she said, has already signed it. Also the Comptroller wanted it to run concurrent with the budget time frame and in that case we would only have it for 3/4 of a year and it shouldn't be billed the entire $2,800 but rather prorated to reflect the actual time of the contract. Mr. Reis agreed that the contract was not for the heating maintenance but rather for air conditioning, however, he said the Supervisor had not signed it and it would all be done properly, however, he assured her that the two signatures were one and the same. At present we do not have a signed contract with the New Windsor Mechanical Company. New Business --- A letter was received from Marc Kelley, 113 New Hackensack Road in the Town of Wappinger requesting permission to become a tenant of the Wildwood Sewer District. If the Town Board would consider this request, he asked that he be included in a scheduled work shop meeting to discuss it further. Mrs. Paino agreed that the matter should be discussed at a work shop and she would schedule one for Mr. Kelley and involved agencies. It would also be necessary to receive approval from the Dutchess County Department of Health. A final item was a request from Joseph DiAngelo and James Mills, Democratic and Republican Voting Machine Custodians, to attend a one day seminar at the Voting Machine Service Center Inc. in Gerry, New York, on March 14th, 21st, or 28th from 8:30 A.M. to 10:30 A.M. each day regarding setting up the Voting Machine for the special New York State Primary. The cost will be $50 per day and they were requesting permission for two nights lodging in order to be at the class at the early hour. Mrs. Snowden told the Board it was very important that these men attend the one day Seminar so they are familiar with the set up; it would be well worth the money, she felt. 96 MR. REIS moved to approve one Republican and one Democratic Voting Machine Custodian to attend a one day Seminar in Gerry, New York, at $50.00 per day for meals, two nights reasonably priced lodging and 22.5 mileage which will be a Town charge. Seconded by Mr. Farina Motion Unanimously Carried Mr. Valdati had another item to discuss and requested that he be provided with keys to some of the offices ---the Town Clerk's so he could pick up his mail, also the Zoning Offices so he could look at maps when he requires them, also the copy room. As it is now, the custodian lets him in but he feels he should have the same privilege and be provided with a key. The Town Clerk was not in agreeance with this request and reminded Mr. Valdati that when we first moved into this Town Hall, she had boxes for the Town Board Members in the Meeting Room on the podium, however, after they left their mail sitting there several times, she moved them back into the office. She did not want anyone in her office after hours since there were boxes for several officials there and she was responsible. Mr. Levenson, the Zoning Administrator, concurred with Mrs. Snowden and informed Mr. Valdati that he is in the building several nights and on Saturdays and he was welcome to come into the office for whatever he needed. Mr. Reis noted that the custodian has keys to the offices simply because he has to have access to clean them, but he is not authorized to open them to anyone without checking first. Kenneth Croshier, Highway Superintendent requested authorization to bid on a small dump truck, instead of a step van which he had itemized in the budget for $23,000. MR. REIS moved to authorize Mr. Croshier to go to bid for a small dump truck at the amount itemized in his budget. Seconded by Mr. Farina Motion Unanimously Carried There was no other business to come before the Board. MR. REIS Moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The meeting adjourned at 10:57 P.M. Reg. Mtg. 3/7/88 Elaine H. Snowden Town Clerk