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1988-01-19 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING JANUARY 19, 1988 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Dec. 30, 1987, Year End - Jan. 4, 1988 Re -Organization 4. REPORTS OF OFFICERS: Town Justices Hydrant Zoning Adm. (Nov.) Compt/Sup Receiver of Taxes 5. PETITIONS & COMMUNICATIONS a. Howard Bennett Re: Drainage problem -Sherwood Heights b. Letter of Thanks from Jas. J. Erenzo c. Notice of Public Hearing Town of Poughkeepsie, d. H. Levenson requests permission to attend Code Enforcement training Course at Poughkeepsie 3-28 thru 3-31 e. Randy Green application for Hawking and Peddling License f. E. DiMarco, DBA DiNola-Osborne Inn- Notification of intent to apply for Liquor License g. U.S. Cablevision Corp. re: Notice of intent to renew Franchise (Expires 6-21-90) h. Receipt of Feasibility Report on Utilization of N.Y. City Water by Town of Wappinger 6. COMMITTEE REPORTS Fill Airport and Dial -a -Ride Committees Chairmanship 7. RESOLUTIONS a. Consider Local Law for "Stop" signs - Kent Rd. Area b. Ccnsider approval of CAMO contract, and authorize Sup. to sign c. Approve 1(:) increase per meter for Meter Readers d. Appoint Insurance Agent e. Appoint Certified Public Accountant f. Appoint Board of Ethics g. Appoint Town Historian h. Vacancy on Board of Architectural Review i. Vacancy on Conservation Advisory Council j. Grant Central Hudson right to repair and/or replace defective Street light fixtures k. Set Highway Pay Scale 1. Introduce Ordinance to declare Greenfly Swamp a Critical Environmental Area, and set Public Hearing 8. UNFINISHED BUSINESS a. N.Y.S.D.O.T.by J.W. Wickeri re: Towns request that DOT prohibit standing and/or parking along Rte 9 at Car Wash at intersection of Old Hopewell Rd. 9. NEW BUSINESS 10. ADJOURNMENT Reminder: Public Hearing at 7:15 for Local Law on Stop signs for Kent Road area 23 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on January 19, 1988 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:35 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk All joined in the Pledge of Allegiance to the Flag and a moment of silent prayer for the Town of Wappinger and its residents. The Minutes of the December 30th, 1987 Year End Meeting and the January 4th, 1988 Reorganizational Meeting, having previously been forwarded to the Board Members, were placed before them for their consideration. COUNCILMAN REIS moved that the above stated Minutes be and they are hereby approved, as submitted by the Town CLerk. Seconded by Councilman Valdati Motion Unanimously Carried Reports were received from the Town Justices, Hydrant Report, Receiver of Taxes for December and from the Zoning Administrator for the months of November and December. MR. FARINA moved to accept the above stated Reports and place them on file. Seconded by Mrs. Smith Motion Unanimously Carried Petitions & Communications --- Mr. Howard Bennett was present to address the Board on recurring drainage problems at his home on 10 Sherwood Heights. Mrs. Paino invited Mr. Bennett to address the Board, pointing out that she would recommend a work shop meeting with the Board Members, Mr. Bennett and his attorney to discuss the problem at length. She also invited him to address the Board briefly on his complaint. Mr. Bennett distributed copies of the following report to the Board Members ---- My name is Howard Bennett. I live at 10 Sherwood Heights in the Town of Wappinger. Mrs. Bennett and I bought our home here in 24 October 1959 and have resided here ever since. Our three children were raised and educated here. We have lived, worked, and paid taxes in Wappingers for over a quarter of a century. We doubtless will spend the rest of our lives here. During the past seven or eight years, we have patiently endured a water run off problem that we have repeatedly tried to have corrected. The following chronology outlines briefly the events which are detailed more specifically elsewhere: 1980-81 Sherwood Heights residents voiced concerns to Planning Board about possible water run-off from Carmel Hts. subdivision. Planning Board gave assurance that no drainage problem would result. Fall 1981 Town officials inspect drainage problems on properties at 10 and 11 Sherwood Hgts. Nov. 1981 Letter to Planning Board from Building Inspector suggesting a "hold" on Carmel Hgts. II, pending corrections and compliance on Section I. Jan. 1982 Water problem and corrective measures discussed at Planning Board at least twice during month. Pictures showing flooding given to Planning Board. (Copies of all pictures given to Planning Board are in album here tonight.) Feb. 1982 More flooding and more pictures presented to Planning Board. Means to correct problem again discussed. Feb. 1983 Letter to Planning Board Chairman from Bennetts detailing ongoing problem and expressing opposition to granting Carmel Hgts. "final approval" until problem corrected. Mar. 21, 1983 Planning Board grants "final approval" provided certain conditions are met. Aug. 26, 1983 Letter from Bennetts to Town Supervisor re water problem. Aug. 31, 1983 Letter from Town Supervisor to Planning Board Chairman (cc to Bennetts) regarding lengthening berm on Carmel Hts. Lot #66. Dec. 27, 1983 Letter from Bennetts to Building Inspector re ongoing water problem. Jan. 12, 1984 Letter from developer to Building Inspector denying any fault and claiming to have met all requirements. Jan. 25, 1984 Letter from Building Inspector to Bennetts indicating that there was no follow up the Planning Board wished to take. 1984 Bennetts hire attorney --much correspondence, many meetings ensue. Spring 1985 Bennetts employ engineering firm as consultants regarding water problem correction. Summer 1985 Developer offers some $800 plus materials to correct run off on Bennett property, if Bennetts release developer from responsibility for any damage to Bennett property. October 1986 Bennetts have basement water proofed. Late Fall 1986 Bennetts receive estimate of $2600 from independent contractor for drainage work. Developer refuses estimate. May 1987 Bennetts and attorney meet with Town Supervisor, Town Engineer, and developer. Bennetts withdraw offer of easement granted more than a year earlier, and request developer to correct problem on developer's property (Lot #66). June 17, 1987 Letter from Town Engineer to Town Supervisor indicates problem has been corrected. TRANSLATION: Problem corrected on paper -- no actual corrective measures taken in the field. 25 Fall 1987 Grading of lot and construction of house begun on Carmel Hgts. Lot #66. I have with me a more detailed account which takes about 25 minutes to read. If you can spare me about 3 minutes for each of the years I have been talking about, I would like to read this to you. Mrs. Paino responded to Mr. Bennett's question on allotting him this time, that he would be welcome to have this time at a work shop meeting where it would be discussed with the full Board, the Engineer and the Attorney to the Town, Mr. Bennett, his Engineer and Attorney. Once they determine the course of action to take, the matter will be placed on the following Town Board Meeting for the appropriate resolution. After suggesting several dates, Mrs. Paino recommended February 4, 1988 at 8:00 P.M. for the convenience of all. Mr. Bennett resumed his report --- If the Board cannot grant his request at this time, I request that my remarks become part of the minutes of this meeting and request a workshop session where this matter can be more fully discussed. In closing may I leave you with the following thoughts: During these past years we have expended our own funds (and labor) to try to control the water which has overflowed onto our property. To date we have spent--- $ 480.00 250.00 129.00 1,460.00 100.00 10.00 10.00 99.97 $ 2,538.97 Engineering costs legal fees wet/dry vacuum waterproofing services loss of lumber (water damage) earth fill rocks photography --cost of film, developing & printing Total These are expenses we have absorbed in the past. My wife and I are both now retired senior citizens trying to make ends meet on a considerably smaller income than we previously enjoyed. We do not feel we should have to continue to put forth funds to correct problems that are not of our making. I would like to see construction on Lot #66 halted until the drainage problem is corrected and water run off onto and across my property is stopped. I also want a guarantee of permanence (something written into the deed) so that subsequent owners of Lot #66 could not remove any corrective measures taken to prevent the re-creation of the r'' water run off problem, thus removing the threat of pollution to my water supply and damage to my septic system field. I would also like my yard restored to its original condition. At this point I would like to offer some suggestions for preventing water run off from reaching my yard: 1) Install the original storm drain depicted on the early planning maps that was to have connected Carmel Hgts storm sewers to the Dutchess County System on All Angels Hill Road, and install catch basins along it to carry away any surface water; OR 2) Regrade Lot #66 so that it slopes to the South for its entire length, thereby deflecting water to the Carmel Hgts. storm sewers or the All Angels Hill storm sewers. I would like to express my thanks to the Town Board and the Town Supervisor for their time in considering this situation. I know 26 that all of you have expressed concern about environmental issues and are interested in making Wappingers a good place in which to live. I also feel certain that you as elected representatives of the town's citizens are concerned with the equitable and timely resolution of problems such as I have presented to you this evening. Again, I thank you for your time and effort on our behalf. A letter was received from James J. Erenzo, Ceramic Tile Concepts, thanking the Board for their assistance in clarifying the boundaries of Central Water Improvement Area in relation to his parcel of land on Myers Corners Road, thus enabling him to proceed with subdivision procedures. MR. REIS moved to accept the letter of thanks from Mr. Erenzo and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried A Notice of Public Hearing was received from the Town of Poughkeepsie, set for the 20th day of January, 1988, to consider an amendment to the Zoning Ordinance and the Code of Ordinances to said Town. MR. REIS moved to accept the notification and place it on file. Seconded by Mr. Farina Motion Unanimously Carried A request was received from Herbert Levenson, Zoning Administrator, to attend the New York State Department of State Code Enforcement Training School Course at Poughkeepsie, New York on March 28-31, 1988, 9:00 A.M. to 4:00 P.M. MR. FARINA moved to grant permission to Mr. Levenson to attend the Course, as requested. Seconded by Mrs. Paino Motion Unanimously Carried An application was received from Randy Green for a Peddler's License to distribute meat and seafood to the residents of the Town of Wappinger. MR. REIS moved to deny the issuance of a Peddler's License to Mr. Green. Seconded by Mrs. Smith Motion Unanimously Carried 27 A notification of intent to apply for a Liquor License was received from Di Nola Restaurants, Inc., DBA Osborne Inn, Eleanor Di Marco. MR. REIS moved to accept the correspondence and file with no comments. Seconded by Mr. Farina Motion Unanimously Carried A letter was received from Howard Erichsen, Regional Manager of U.S. Cablevision indicating their intent to renew the Franchise with the Town of Wappinger when the current agreement expires on June 21, 1990. The Cable Communications Policy Act of 1984 requires the cable company to notify the municipality at least 30 months in advance of the franchise if they intend to renew same. Mrs. Paino was not happy that the franchise would not expire until 1990 as she felt this company was holding the Town of Wappinger residents and other customers, hostage, with their recent increases and reduction in service and we are powerless to do anything about it. MRS. PAINO moved to forward a letter to Mr. Erichsen of U.S. Cablevision indicating that when the Franchise expires in 1990, the Town Board in office at that time, takes a long hard look and shops around before renewing this Franchise with U.S. Cablevision. Seconded by Mr. Reis Motion Unanimously Carried This letter is to be copied to the Cable Committee, Congressman Fish, Jr. Senator Rolison, Jr., and Assemblyman Saland. Mr. Farina, liaison to,the Town Cable Committee, noted that Mr. Cortellino, Chairman of that Committee, wrote to our state legislators and the Cable Commission indicating the Town's problem with the cable company. It was Mr. Cortellino's intention to address the Board and the residents this evening- but unfortunately he is in the hospital. Mr. Farina noted that he was requested to recommend that the Attorney to the Town look into possibility of soliciting Cablevision Systems Corp. of Woodbury, Nassau, Long Island, who has expressed an interest in serving the residents of LaGrange. The package they have offered is to provide a basic service of 32 channels for a monthly charge of $14.95. MR. FARINA moved to authorize the Attorney to the Town to investigate the procedure for the Town Board to contact Woodbury Cable Company 28 regarding posibility of servicing our Town. Seconded by Mrs. Smith Motion Unanimously Carried Mr. Valdati spoke of correspondence received from David Alexander, a resident of Wappingers Falls, with a complaint that has been heardfrom many subscribers to U.S. Cablevision, that being that the expanded service provided in our area has rendered some of the features of TV's and VCR's useless. It is impossible to view one station and record another; due to these impediments Mr. Alexander is urging the very same action discussed by the Board tonight and as Mrs. Paino pointed out, he is one of many residents who have complained. They are calling the Town Clerk's Office, the Supervisor's Office and home and the other Board Members as well to register their annoyance with the service. The Town Board received a Feasibility Report on the Utilization of New York City Water prepared by the Engineering Firm of Brinnier and Larios from Kingston, New York. Mrs. Paino reviewed the background for this report which she initiated for potential sources of water for the Town and possibly could be supplied at a future time by the Town tapping into the Delaware Aquaduct via the New York City Pumping Station in Chelsea. From an engineering standpoint, it appears that the Town could tap into that water system and at this point Mrs. Paino deferred to the Engineer for his comments. Mr. Paggi noted that the report basically lays out the engineering guidelines for the tap, such as, where the tap would be located, the recommended size of the tap, estimated amount of water that would be allowed to be withdrawn from the New York City Aquaduct System at the present development stage of the Town. It briefly touches upon the necessary treatment to the water as it exits from the Aquaduct. Approximate costs are set forth in the report to give the Town guidelines on the possibility of a Town wide water system. Mr. Paggi recommended that the Town consider serious negotiations with New York City for obtaining approval for work set forth in the report. Mrs. Smith asked if this potential water supply will service the 3rd and 4th Ward as well as the Chelsea Area. As set forth in the report, Mr. Paggi explained, the amount of water to be withdrawn from 29 the New York City Aquaduct will be based on the population of existing water districts in the Town which number 6 and are scattered North, South, East and West. He recommended forming a Town wide or majority of the Town water district encompassing the existing ones and by doing this, the amount of water to be withdrawn will be increased; the Aquaduct used at the prime source could service the majority of the Town if not the entire ilbe that the pipe be sized which according to Mr. a design year of about Town. Mrs. Paino added that the report recommends to carry 10 million gallons of water per day, Paggi's preliminary calculations represents 2020 for the Town of Wappinger. Mrs. Smith repeated her concern that the 3rd and 4th Ward will be serviced by this project; she represents the 4th Ward and referred to a drought problem experienced in the 3rd Ward a few years ago and she can see this happening again. Mrs. Paino answered her concerns with the information that part of the plan would be to place a storage tank on Cedar Hill which will help alleviate the problem of water supply and water pressure. The Dunn Geoscience firm did Hyrogeological testing about three years ago and determined that the Town will experience a drought every seven years in the Sprout Creek, so by installing this storage facility, it will help Ward 3 and probably Ward 4 with additional water storage. At this point when New York City has two permits before the D.E.C. relative to withdrawing 100 million gallons a day out of Hudson River in an emergency situation, the second one is to withdraw 300 million gallons on an ongoing basis, Mrs. Paino felt it would be prime time for the Town to use this as a leverage due to the fact that if these applications are approved, the Town will be heavily impacted as the pumping station is in Chelsea. The Town should, she continued take a look at the other boundaries of water surrounding us, particularly the Wappinger Creek and there is a concern there of the balefill and landfill at the Airport, however, that can be dealt with. Mrs. Smith wanted to go on record that she would not vote for this project unless the 3rd and 4th Ward would be serviced. Mr. Vaidati noted that the final conclusion made by Brinnier & Larios in their study, states that the total cost and feasibility of this project should be compared by our engineers with any other possible sources that can handle our future needs. He questioned whether such 30 comparison would be done. Mrs. Paino replied that they will consider and investigate what is available along the Wappinger Creek and this will be done before any final decision is made regarding the Chelsea Pumping Station. Mr. Reis was involved in the infancy of the negotiations with New York City and was knowledgable of the groundwork done by the Supervisor and the Engineer to initiate the procedure they would follow. Shortly after the Supervisor took office she and the Engineer agreed that the water and sewer problems of the Town had to be addressed immediately, and they set about achieving these objectives. Finding that the Delaware Aquaduct comes into Chelsea, was to him, one of the monumental things that have happened to this Town. The Supervisor pursued each avenue to accomplish additional water sources for the residents and followed through by authorizing a study by Brinnier & Larios. He was pleased with the report and accepted it and was looking forward to a positive direction with New York City. He commended the Supervisor and the Engineer for the effort and time they have put into this important matter. Mrs. Smith had one fault with the time frame in receiving this report and felt that the Town Board should have been provided with it before the news media reported it. Mrs. Paino had no control over this since one of the reporters had obtained it from the Engineer's office. MRS. PAINO moved to accept the report and place it on file. Seconded by Mr. Reis Motion Unanimously Carried Mr. Reis requested that a letter be directed to Brinnier & Larios thanking them for the report. The next item was the receipt of the Dial -A -Ride Contract which requires the Supervisor's signature. MR. REIS moved to authorize the Supervisor to sign the Dial -A -Ride contract. Seconded by Mr. Farina Motion Unanimously Carried 31 Committee Reports --- At the Reorganizational Meeting, Mrs. Paino tabled appointments of Chairmen for the Airport Advisory Committee and the Dial -A -Ride Committee since she planned to appoint Councilwoman Smith to these Committees but felt there might be some conflict since Mrs. Smith works for the County Highway Department. The following Memo was received from our Attorney, Thomas Wood: To: Supervisor Paino and Members of the Town Board Pursuant to your request at your January 4, 1988 meeting, I have reviewed the positions on the Airport Dial -a -Ride Committees, and have reviewed your request as to whether or not there would be a conflict of interest for any member of the Town Board to serve on th same. Since these Boards are advisory Boards, I do not feel it would present a conflict of interest for a member of the Town Board to sit on these committees as well as being members of the Town Board. It is also my understanding that with respect to counselperson Smith, that the County Attorney has advised that it would not be a conflict for her to sit on these committees even though she is an employee of the County of Dutchess. Should you have any additional questions or desire additional comments, please so advise. Mrs. Paino appointed Councilwoman Smith as Chairman of the Airport Advisory Committee and the Dial -A -Ride Committee. Mrs. Paino welcomed Boy Scout Dennis McCann who was present at the meeting to earn a badge, and invited him to ask any questions during the meeting or after. Committee Reports --- Mr. Valdati reported on a parking problem in back of Poughkeepsie Nissan on Old Route 9 which has been ongoing for a couple of months. He requested the Zoning Administrator to look into the matter. Mr. Levenson replied that he has forwarded a letter to the owners and is waiting for them to comply. Mr. Reis, Building Committee, referred to the recent problem at Town Hall with leakage and heat. The heat problem has existed for a couple of months and lot of time has been spent to rectify the condition. The company handling this work is New Windsor Mechanical in Orange County and they have done the work in the past for C. B. Strain. who installed the heating and air conditioning system. Mr. Reis has discussed a maintenance contract with New Windsor Mechanical so the 32 building will be properly serviced; the contract requires the Supervisor's signature. All labor and service calls done in a normal working day is covered under this contract; emergency calls and holidays will be extra cost. MR. REIS moved to authorize the Supervisor to sign a maintenance contract with New Windsor Mechanical at an amount not to exceed $3,000 for a one year period of time, retroactive to November 1987 and expiring November 1988. Seconded by Mrs. Smith Motion Unanimously Carried Mr. Farina, Water & Sewer referred to a letter written to the Governor in December of 1987 regarding an increase in reimbursement for operation Zcri and maintenance of Wastewater Treatment Plants. This goes back to when the state legislature authorized money to be reimbursed to the municipalities for the purpose of treating sewage; the maximum is 33.33% of the operating cost of the plant. Over the years the percentage has been steadily reduced and the proposed rate for 1988 is 12.75%. The response from the D.E.C. has stated that the effective rate will be approximately 12.75%. He is very displeased with the D.E.C. for setting this rate, since we did request the maximum of 33.33% and they should be concerned with the environment. Mr. Farina on Water, reported that he has had complaints on two companies in the area are finding ways to be invited into your home under the guise that they are concerned about the environment and then proceed to tell you how dangerous your water is, and try to sell you a system which will supposedly take care of your problem. According to Peter Marlow, Senior Health Engineer, Environmental Health Services. the Hilltop Water District is in compliance with Part 51.51 of the New York State Sanitary Code; Fleetwood Water District complies, Oakwood Knolls Water District complies, Rockingham Farms Water District complies. This report is dated December 8, 1987. Mr. Farina called upon representatives from Camo Pollution Control, operators of the Town's water and sewer plants to explain Part 51.51. Michael Tremper explained that Part 5 outlines the rules and regulations for operating the water system, sets guidelines on quality of water and how often the system as to be monitored. He is aware of the problem Mr. Farina is 33 talking about and he heard that it is going on in the Town of Poughkeepsie also. Whenever he talks to anyone about it he recommends that they call the Department of Health for the correct information. The reports on these plants have been issued by the New York State Department of Health, Environmental Services, it is not a Town report. Mrs. Smith had no reports for this evening. She did attend the Growth Management Committee but deferred to the Supervisor for her to report on their meeting. Mrs. Paino reported that the group discussed the land use plan that had been presented to the residents on September 30, 1987. They will be meeting in the future with the Zoning Administrator and the Attorney to put together the verbage in the Zoning Ordinance and work on this line by line. Mr. Rick Kosowski asked the status of the Master Plan of the Town. Mrs. Paino replied that the Town does have a Master Plan and Map but they have not been accepted by the Town Board. They need some polishing and they went over it for changes at the last meeting. Once they are ready, public hearings will be held, probably within the next few months. A Public Hearing having been held on a proposed Local Law Authorizing Stop Signs at Various Intersections with Kent Road, by the Town Board on January 19, 1988, the matter was placed before them for their consideration. SUPERVISOR PAINO moved to adopt Local Law #1 of 1988 as follows: BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Purpose In order to provide for the orderly control of traffic on Town highways and roads within the Town of Wappinger. SECTION 2. Stop Signs A. All vehicles on the following designated streets approaching Kent Road from, on and along the following named streets, must come to a full stop at the intersection of said roads and Kent Road: 1.. Applesauce Lane 2. Baldwin Drive 3. Pippin Lane 4. Cady Lane 5. Fenmore Drive 6. Lake Oniad Drive East 7. Bungalow Lane 8. Lake Oniad Drive West 9. Sachson Place B. All vehicles on the following designated streets approaching Kent Road from, on and along the following named streets, must come to a full stop at the intersection of said roads and Plaza Road: 1. Lake Oniad Drive West 34 C. All vehicles on the following designated streets approaching Kent Road from, on and along the following named streets, must come to a full stop at the intersection of said roads and Lake Oniad Drive: 1. Foxhill Road 2. Bungalow Lane D. All vehicles on the following designated streets approaching Kent Road from, on and along the following named streets, must come to a full stop at the intersection of said roads and Ervin Drive: 1. Central Avenue E. All vehicles on the following designated streets approaching Kent Road from, on and along the following named streets, must come to a full stop at the intersection of said roads and Central Avenue: 1. Plaza Road SECTION 3. Authorization to Install Signs The Highway Superintendent of the Town of Wappinger is hereby authorized and directed to install, erect and maintain any and all necessary traffic control signs in conformity with this Local Law and in accordance with Law. SECTION 4. Notification of Law Enforcement Agencies The Town CLerk is directed to notify the State Police, the Dutchess County Sheriff's Department, of this Ordinance and any additions or changes thereto. SECTION 5. Penalties Any violation of this Local Law shall be a Traffic Infarction as defined in the Vehicle and Traffic Law of the State of New York and is punishable upon imprisonment by a fine not to exceed FIFTY DOLLARS ($50.00). SECTION 6. Effective Date This law shall take effect upon filing with the Secretary of State of New York and with the compliance with other statutory requirements. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays A contract was submitted to the Town from Camo Pollution Control, relating to managing the water and sewer plants of the Town. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Town Board in 1982, previously entered into a five year contract with Camo Pollution Control, Inc., for rendering professional services to the Water and Sewerage Districts in the Town, and WHEREAS, said five year agreement provided that the budget would be fixed on an annual basis by the Town Board, and WHEREAS, the first five year term has ended on December 31, 1987, and WHEREAS, the Town is desirous of continuing the professional services provided by Camo, and WHEREAS, the budget amounts for said contract would be fixed by the Town Board on an annual basis, NOW, THEREFORE BE IT RESOLVED, that Camo Pollution Services be L 35 and hereby is hired by the Town to manage all of its Water and Sewer Districts within the Town of Wappinger for the next five years, and BE IT FURTHER RESOLVED, that said five year period will have the budget set by the Town Board on an annual basis upon consultation with Camo, and BE IT FURTHER RESOLVED, that the Supervisor be and hereby is authorized to execute the annexed agreement for professional services to be rendered by Camo Associates. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays The next item on the Agenda was the consideration of a 10 increase for the water meter readers. MR. REIS moved to approve a 10 increase for each individual water meter for the individuals engaged to provide this service to the Town. Seconded by Mrs. Smith Motion Unanimously Carried The matter of appointing an Insurance Agent for the Town was placed before the Board for their consideration. Mrs. Paino explained that after several delays in receiving the information from various insurance companies invited to bid, it was noted when they were finally submitted late last Friday that some pertinent information was missing, particularly the liability coverage for public officials. It appeared that there was some more delay in putting those amounts together and in view of the fact that the basic Town coverage expires on January 22nd, 1988 it was evident that the Town Board should take action at this meeting. The amounts submitted were as follows: Thomas Wallace ---$201,931.00, Marshall & Sterling ---$169,214.00 and R.G. Hill ---$177,082.00. Mrs. Smith noted that the firm of Marshall & Sterling was the only one that addressed coverage for volunteers associated with Celebrations, etc. This was a concern to her as she has been a volunteer worker as long as she can remember and has chaired most of these events. TOWN BOARD, TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK DESIGNATING INSURANCE AGENT FOR THE TOWN OF WAPPINGER The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Marshall & Sterling, a general insurance agent doing business in the Town of Wappinger, Dutchess County, New York 36 be and it hereby is designated as the Insurance Agent for this Town. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays Mr. Reis requested that Marshall & Sterling be notified that the Town would like to have complete, up-to-date records provided for the Town's files. The appointment of a Certified Public Accountant was also tabled at the Reorganizational Meeting and now placed before the Board for their consideration. Mrs. Paino noted that two other individuals were interested in quoting amounts to the Town Board for their services. Richard Oberst submitted a bid, but withdrew it two weeks later due to a possible conflict with Sedore & O'Sullivan, the present CPA's for the Town. A proposal was received from Mark Fitzgerald on completing annual financial report, however the proposal was not complete in that the remainder of the work to be done was not addressed; the only complete proposal was received from Sedore & O'Sullivan. TOWN BOARD, TOWN OF WAPPINGER COUNTY OF DUTCHESS, NEW YORK APPOINTING CERTIFIED PUBLIC ACCOUNTANT TO AUDIT THE ACCOUNTS AND REPORTS OF THE SUPERVISOR, TOWN CLERK AND TOWN JUSTICES FOR THE YEAR 1987 The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Sedore & O'Sullivan, Certified Public Accountants, be and they hereby are retained to audit the accounts and reports of the Town Supervisor, the Town Clerk and Town Justices for the year 1987, and it is further RESOLVED, that the said accountants receive reasonable compensation for the productive services which he shall render to the Town in this connection. Seconded by: Councilwoman Smith Roll Call Vote: 5 Ayes 0 Nays Mr. Valdati noted that this proposal was just placed before them for this meeting. During the course of the year, the Board must consider many appointments to fill vacancies for Town business. It would seem reasonable to him that the Board Members should be able to peruse resumes, or in this case, a proposal, prior to voting on said matter. MR. VALDATI moved that any future applicants for any position under 37 the auspices of the Town Board (including voluntary positions), provide a resume to the Town Board prior to the Tuesday (Agenda preparation and mailing) before the meeting at which the appointment will be considered by the Board. Seconded by Mrs. Paino Motion Unanimously Carried At the Reorganizational Meeting, Mrs. Paino made her appointment to the Board of Ethics, the other Members of the Board chose to table their appointments to this meeting. Mr. Valdati offered the name of Richard Kosowski P.O. Box 125 Chelsea, N.Y. Mr. Reis offered the name of Robert De Shong Pine Ridge Dr. Mr. Farina offered the name of Rev. Brent Averill 253 Myers Corners Rd. Mrs. Smith offered the name of Barbara McCormack 11 Partners Road A letter of resignation was received from Constance Smith from her position as Town Historian. Mrs. Smith recommended that Brenda Von Burg be appointed as her successor; she is a life time resident of Wappinger and interested in the Town and its history. Mrs. Von Burg has a good rapport with the youth and Mrs. Smith pointed out that the Historian is often called on to work with the youth. Mrs. Paino thanked Connie on behalf of the Town of Wappinger for the outstanding job she has done for the Town, forever. The Town Clerk was requested to draft a letter of thanks to Connie from the Town Board for the caring, thoughtful, professional job she had done for this Town over the past eleven years.for every function that the Town has been involved in. Mrs. Smith noted that she would still be in involved in the Celebrations of the Town. Mrs. Paino asked that a resume be provided for Mrs. Von Burg and tabled the appointment to a future meeting. MRS. PAINO moved to table appointments for the Board of Architectural Review and the Conservation Advisory Council. Seconded by Mr. Farina Motion Unanimously Carried 38 The Town Board also received a resignation from Victor Fanuele, member of the Planning Board; his term expires February 1st, 1991. Mrs. Paino requested that a letter of thanks be sent to Mr. Fanuele for his services to the Town. MRS. PAINO requested that this appointment to the Planning Board be placed on the Agenda for the first meeting in February. Seconded by Mr. Farina Motion Unanimously Carried A request was received from Central Hudson for authorization to repair and/or replace street light fixtures within the Town. MRS. PAINO moved to authorize the replacement and/or repair of these fixtures within the Town of Wappinger and authorize the Supervisor to sign the agreement. Seconded by Mr. Farina Motion Unanimously Carried MRS. PAINO moved to table the Resolution on the Highway Pay Scale. Seconded by Mr. Farina Motion Unanimously Carried The next item related to the procedure to designate Green Fly Swamp as a critical environmental area which requires the designation of a lead agency. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, on November 19, 1987, at a Workshop Meeting of this Town Board, a presentation was made by the Conservation Advisory Council with respect to the Green Fly Swamp area of the Town of Wappinger, located on Route 9 and, WHEREAS, It was the consensus of the Town Board following said presentation that Green Fly Swamp area should be considered a designation as a critical environmental area, and WHEREAS, in accordance with the rules of the Department of Environmental Conservation, the first step in the process of considering designating an area as a critical environmental area, is to establish a Lead Agency and, WHEREAS, it is the determination of this Board that the Town Board would be the best agency to be the Lead Agency, NOW THEREFORE, BE IT RESOLVED, that the annexed notification of Lead AGency designation be forwarded by the Attorney to the Town of Wappinger to all of the interested agencies listed thereon, and 39 BE IT FURTHER RESOLVED that 30 days thereafter, on or before February 29, 1988, if no objections be filed that the Town Board of the Town of Wappinger will be the Lead Agency with respect to the Green Fly Swamp critical environmental area designation process. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino requested that Attorney Thomas Wood be notified of the approval of this Resolution. The Engineer had forwarded a request for a Change Order regarding The Edgehill Hilltop Drainage Project, Section C to the Town Clerk and the Town Board. The Board Members had not received this correspondence prior to the meeting, however Mrs. Snowden received the letter and explained the Change Order. It seems that the other drainage projects in this area presented no problem, however, in this area they ran into rock. Mr. Paggi elaborated on the situation and informed the Board that the rock will have to be removed to achieve the proper grading. The actual amount of the Change Order will be determined by the actual amount of man hours and equipment hours and it will not exceed the amount approved by the Board for this contract. MR. REIS moved to approve the Change Order for the Edgehill Hilltop Drainage Project, Section C, for an amount not to exceed $10,000.00. Seconded by Mrs. Smith Motion Unanimously Carried A request was received from Judge Francese for a transfer from line item #00-01-1110-40 (Contractual Expenses) to line item 23-01-1110-10 (Stop D.W.I.) to cover expenses incurred in this account until the allocation is received for this year for that program. (Amt. $3,000.00) MRS. PAINO moved to approve the transfer requested by Judge Francese. Seconded by Mr. Farina Motion Unanimously Carried Unfinished Business --- A response was received from the New York State Department of Transportation regarding correspondence sent to them on May 20, 1987 requesting that they prohibit standing and/or parking along the east side of Route 9, south of Old Hopewell Road to alleviate traffic problems at the new car wash at that site. It reads as follows: 40 December 28, 1987 Re: Intersection Control Route US 9 (SH 5154) Mobil Car Wash Town of Wappinger Dear Ms. Snowden: As you recall on 5/20/87, you wrote the Department requesting that we prohibit standing and/or parking along the east side of Route 9, south of Old Hopewell Road to eliminate the queueing of vehicles destined for the new car wash, located in the southeast quadrant. Since 1985 we have reviewed several different proposals submitted to us by the Town Zoning Board of Appeals and have recommended that any approvals granted by the Town be contingent upon the applicant obtaining a Highway Work Permit from the Department. Consequently, we have been awaiting further direction from the owner prior to acting on your request. However, since we have not received any update, we recently responded to concerns of the County Department of Public Works for the traffic conditions in this area. Although the Town Planning Board received a copy of our letter, we are attaching copies for the Town Board's information. You will note that we are still urging that access modifications be undertaken at this site. Without the necessary access improvements, it is questionable what benefits would be achieved by prohibiting parking along Route US 9. Consequently, at this time, we are not in favor of placing any additional traffic control devices in this area. We trust we have adequately stated the Department's position in this matter, but if we can be of further assistance, please advise. s/ J.W. Wickeri Civil Engineer The Zoning Administrator noted that the decision on which the grant was written was that they would not allow parking along Route 9, however the latest word is that the car wash is not going to be built. Permission for the Highway Superintendent to go to bid on three sanders was tabled at the Reorganizational Meeting for further discussion. MRS. PAINO moved to authorize the Highway Superintendent to go out to bid for three sanders for his department. Seconded by Mr. Reis Motion Unanimously Carried Mr. Farina had one more Committee Report under Budget and Finance. Dutchess County distributed tax rates for 1988 and for the benefit of the Town of Wappinger they will be happy to know that our Town Tax is the lowest in the area. For comparison the same property in the Town of Poughkeepsie, the Town portion if 62% higher, Town of Fishkill, it is 40% higher, the Town of East Fishkill is 27% higher; the County 41 tax for property in the Town of Wappinger is 80% higher than our Town Tax. He commended the Supervisor and Comptroller for holding down the expenses in 1987 and making 1988 taxes in this Town the lowest in the area. As Chairman of the Budget and Finance Committee, Mrs. Paino thanked Mr. Farina for working with them to achieve this. There was no other business to come before the Board. MRS. PAINO moved to adjourn the meeting, seconded by Mr. Reis and unanimously carried. The meeting adjourned at 9:07 P.M. Reg. Mtg. 1/19/88 Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on January 19, 1988, at the 'Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law on Stop Signs at various intersections with Kent Road. Supervisor Paino opened the Hearing at 7:20 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mrs. Paino asked those present if they had any comments to offer either for or against this proposed Local Law, or if they had any questions on the purpose of this Law. There were no comments or questions from the audience. MR. REIS moved to close the Hearing, seconded by Mr. Valdati and unanimously carried. The Hearing closed at 7:22 P.M. I Quit_ laine H. Snowden Town Clerk i Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 -OCEASETAKE NOTICE that the Town Board of the Town of Wappinger win. con- JnaYu1^9on the 19th d Jaur� at 75 P.M. in theTown HMI, 20 Middlebush Road, Town of WapP- Inger, New York, to consider the adoption of a Local Law of 1988, authorizingw at the re- quiring the installation of Stop•S� intersections of various roads with Kent vin ive, Plaza Road, Er- vin D On INO and Central Avenue, in the Town of Wappinger. The complete text of the proposed Local Law s available at the Office of the Town re - Clerk of and all ipersons i hing tnger or o be heard on the proposed Local Law should be present at the abe. ove date and TOWN CLERK TOWN OF WAPPINGER Dated: January 8, 1989 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Gisela.Schmitz of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ..Bookkeeper of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for .one.. .weeks successively in each week, commencing on the ...13.th. day of ....Jan, 1988. and on the following dates thereafter, namely on and ending on the ....lath. • • day of 198.8.. both days inclusive. i Jan,.• 1 Subscribed and sworn to before me this 13th day of January 19.1! Notary Public My commission expires RACHEL WISHART NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN DUTCI1EES COLIMYY COMMISSION EXPIRES MIF H 31, 15 9-8 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK AFFIDAVIT OF IN THE MATTER POSTING OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AUTHORIZING STOP SIGNS AT INTERSECTIONS OF VARIOUS ROADS WITH KENT ROAD STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on January 6th, 1988, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law to Install Stop Signs at Intersections of Various Roads with Kent Road, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. Sworn to before me this day of &ty- auk c Elaine H. Snowden Town Clerk Town of Wappinger Notary Public CECILE S. HAWKSLEY NOTARY PUBLIC, STATE OF NEW YORK NO. 48E6032 GUAUF1ED IN DUCHESS COMM rr, COIAGSSION WIRES AUG. 4, 19-4.4