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1987-09-21 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING SEPTEMBER 21, 1987 1 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS: Town Justices Receiver of Taxes Zng. Adm. Hydrant Report Amended Supervisors annual Report Supervisor/Compt report 5. PETITIONS & COMMUNICATIONS a. Honorable Stephen M. Saland b. Corr. from Co. Executive Pattison re: Certifying County Rd. NAMES c. Notification from Ping. Bd. re: 4 Negative Declarat ions d. Requests to attend Seminars in Oct. - T/J Francese & Court Clerk to Magistrates in Nevele: H. Lenenson, and T. Classey, Bldg. Officials conference e. Saratoga Associates (1) letter to L. Jensen re: reimbursement (2) Scoping Documents f. Sup. T/E.F. Cannizzaro re: Sprout Creek Waershe Protection program g. J. Paggi, T/Encq. re: (1) Yorktown Christian Church hookup to CWWIA (2)Manhole repair recommendations -Lake Oniad Area (3) Manhole at Robert Lane (4) Castle Point Landfill -Order of Consent h. Notices of intent to renew liquor Licenses for: Mama Mia's Pizzaria (Hackensack Plaza Piccolo's (formally Cheech's) and "7-Eleuen" at Rte 82 and All Angels hill Rd. i. Notices of Public Hea rings from Towns of Fishkill and Poughkeepsie j. Planning Board forwarded revised Rules & Regulations for T/Bd approval k. Memo from H. Levenson re: request for refund for Fred Gigler- (35.00 application) 1. Dr. J.R. Scott re: Hil-N-Dale Subdivision m. Joseph Monaco request 8 Lot Subdivision to be Tenatt to CWWIA n. D. Brown re: McWilliams - Sewer backup o. G. Urciuoli re: thanks for watch out for children signs in Chelsea p. Hank DeMarco re: RailSide Drive 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Local Law on Moratorium on Forestry b. Local Law Stop Signs c. Local Law - Submission of Site Specific Plans on Subdivision applications d. Consortium Funds e. Accept Stenger Ct. as Town Rd. f. Greer Rezoning Request - designate T/Bd as g. Consider establishing Ambulance District h. Transfer requests of Comptroller i. Transfer request for "Stop DWI" Funds j. County Res. for Snow and Ice Control k. Bids for Sludge Removal 1. Bids for Chemicals m. Contract formalizing agreement for D. Co. Dept. of Planning re: T/W Comprehensive Plan n. Authorize Assessor to prepare Benefit Assessment Rolls for Water & Sewer Districts Lead Agency - Type 1 Actic.n 8. UNFINISHED BUSINESS a. J.Paggi report re: So ,1athaus Park Sewage Disposal system b. H. Levenson memo re: redesignation of Greenfly Swamp c. H. Levenson recommendation re: Water Meter installations d. DCARC re: 2 of the recommended alternate sites 9. NEW BUSINESS 11.0. ADJOURNMENT REMINDER: PUBLIC HEARINGS start at 6:55 P.M. U 231 The Regular Meeting of the Town Board of the Town of Wappinger was held on September 21, 1987, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 8:35 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: David Reis, Councilman (due to son's illness) Others Present: Thomas Wood, Attorney Joseph E. Paggi, Jr., Engineer Kenneth Croshier, Highway Superintendent Herbert Levenson, Zoning Administrator 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 Regular Meeting of August 17, 1987 and the Special Meeting of September 1, 1987, having previously been forwarded to all Board Members, were now placed before them for their consideration. MR. VALDATI moved that the above stated Minutes, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Visconti Motion Unanimously Carried Reports for the month of August were received from the Town Justices, Receiver of Taxes, Zoning Administrator, Hydrant Report and the Amended Supervisor's Annual Report for 1986. MR. FARINA moved that the above stated Reports be accepted and placed on file. the Seconded by Mrs. Visconti Motion Unanimously Carried Petitions and Communications --- Assemblyman Saland requested to address the Board and the residents, however, he was delayed due to another Town Board in Fishkill and the Board agreed to entertain Mr. William Ryan who had been scheduled to appear at previous work shops but due to other commitments of those who were invited to be present and cancellation of another one, he did not have the opportunity to meet with the Board. 232 Mr. Ryan referred to an incident he observed four months ago of a Town truck delivering clean fill to private property. He questioned this activity at the time and is still questioning it; he would like clarification and a ruling on this policy by the Town Board. He was not making any charges but asked about the legality of such a practice. He was told by a Town employee that this has been going on for years, however neither he nor his friends knew anything about it. Is there a list at the Highway Department, he asked, and how does one go about getting on it. He added that the incident did not seem to be a healthy situation the way he looked at but it did not appear that anyone was too concerned about it. Mrs. Paino elaborated on the matter noting that Mr. Ryan was questioning what apparently has been a policy of the Highway Department for some time. She concurred with Mr. Ryan that it was not proper to have a Town employee use Town equipment to enter private property for his or her benefit but pointed out that it was not the purview of the Town Board to adopt a policy for the Highway Department since the position of Highway Superintendent is an elected one and he manages his own department. It was her understanding that this fill was from one of the jobs the Highway Department was doing and it was delivered to an individual's back yard. She explained that two work shop meetings were scheduled but never held due to involved people not being able to attend. Mr. Ryan has been very patient, she noted, and was glad he was given the opportunity at this time to address the Board. The matter was then referred to the Highway Superintendent who stated that during the many years he has worked in his department, he could count on his fingers how many times such an incident has occurred. This particular one happened when he was in the hospital and as far as he was concerned it would not happen again. Mr. Croshier pointed out that he had previously requested that both he and Mr. Ryan be present at a work shop to discuss this incident, but unfortunately, for one reason or another, this never happened. Mr. Ryan had more comments on the matter and noted that he was talking about any resident receiving this fill, whether they worked for the Town or not; it was the practice in general he was questioning. He stressed the fact that he was not implying, and never did, that anyone, in particular was the recipient of this material. He went on to thank Mrs. Visconti for requesting the Town Board to schedule a work shop back in June; 233 he cited the dates that had been set and the various reasons that they had to be cancelled and voiced his objection to Mrs. Paino for informing him at the last minute that the work shop of September 10 had to be rescheduled. At this point Mr. Croshier interjected the fact that over the years his department has given the residents, and in particular, senior citizens, pails of sand to assist them in getting their cars out of the driveways or carry in back of the car and, in his opinion, this material would easily compare with a truckload of dirt over the years. Mrs. Paino explained to Mr. Ryan that the late cancellation notice of the previous work shop was due to the fact that she had only received the communication that day indicating that one of the individuals involved could not attend. She then thanked Mr. Ryan for attending the meeting to discuss the incident. Assemblyman Stephen Saland arrived at the meeting to address the Board on various state legislation that would be of interest to them and the residents. The Town Board had recently requested Assemblyman Saland to sponsor legislation for the Town to establish an ambulance district; he was successful in accomplishing this and will work with the Town to enact its passage. He also discussed the matter of state aid to local municipalities and although the Assembly endeavored to extend the two year period on this aid they were unable to do so at their last session. The Town will receive the same as last year $452,000 and he was optimistic that when their next session resumes, they will again press for an extension of state aid. A bill regarding Town liability was introduced by Assemblyman Saland and although it took two years, it was finally passed; this bill increases the ability of a locality that lacks liability insurance to bond indebtedness resulting from liability claims and suits. Information on other bills that were enacted will be forwarded to the Town Clerk. As was his custom in previous years, Mr. Saland invited questions from the Board and the public and thanked them for this opportunity to inform them of the State Assembly's activities during their session. Petitions & Communications --- A letter was received from Dutchess County Executive Lucille Pattison dated July 28, 1987, indicating that the County will replace road sign names on the County Roads, which are currently numbered. They will continue the numbering system in conjunction with the names 234 which was a recommendation of the Supervisor and the Board over a year ago. It was requested by the County Executive in her communication that the Town Board certify that the names listed for our Town be certified and forwarded to the Dutchess County Department of Public Works. If approved by the Town, the County will have the signs prepared for installation no later than three months upon receipt of our certification. MRS. PAINO moved to forward a letter to the Dutchess County Department of Transportation certifying that the following road names are the ones to be placed at the appropriate intersections, at the recommenda- tion of the Highway Superintendent: #28 Old Hopewell Road and New Hamburg Road #35 Osborne Hill Road #91 Creek Road #92 Chelsea Road #93 Middlebush Road and Myers Corners Road #94 All Angels Hill Road #104 New Hackensack Road #110 Jackson Road Seconded by Mr. Farina Motion Unanimously Carried Notices of Negative Declaration, under the SEQR process, were received from the Planning Board for New Retail Facility and the Mid Hudson Islamic Church. MR. FARINA moved to accept these Notices and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried Letters were received from Judge Francese requesting permission for both he and Gloria Morse, Court Clerk, to attend the 78th Annual Meeting of the New York State Magistrates Association and the Magistrates Court Clerks Conference at Ellenville, New York from October 4th through the 7th, 1987; the Building Inspector, Thomas Classey and the Zoning Administrator, Herb Levenson also requested permission to attend the New York State Building Officials Conference from October 4th through the 7th, 1987, at Ellenville, New York. MR. FARINA moved to grant permission to Judge Francese, Gloria Morse, Thomas Classey and Herb Levenson to attend their respective conferences on the prescribed dates, and their legitimate expenses, including mileage at $.21 per mile, will be a Town charge. Seconded by Mr. Valdati Motion Unanimously Carried 235 Several communications were received from Saratoga Associates, firm employed to prepare the Environmental Impact Statement for the Wastewater Treatment Facilities Plan, including the Scoping Document for this Plan, and the following letter addressed to Tri - Municipal from Mr. Bristol, President of Saratoga Associates: August 31, 1987 Tri -Municipal Sewer Commission Post Office Box 859 Wappingers Falls, New York 12590 Attention: Leif W. Jensen, Chairman Re: Wappinger EIS TSA #87002 Dear Mr. Jensen: I have received my copy of your letter dated August 13, 1987 to Irene Paino, Supervisor, and Town Board members relative to our request for data from the Tri -Municipal Sewer Commission, an involved agency, in the above -noted SEQR proceeding While we certainly welcome your cooperation, as it will assure a full and balanced EIS, we are not in the position to reimburse the Commission for "copying and its professional staff's time necessary for the meetings, exchange of information, or gathering of documents needed for the EIS." I would recommend that you and the Town agree upon your relationship directly on this matter; of course, subject to the normal courtesies and statutory obligations of an involved agency under SEQR. Thank you for your understanding of our need to have such obligations the matter of client authorization and approvals. We look forward to a good working relationship with you and the Commission, and trust that a simple resolution can be determined between the Commission and the Town on this subject. Sincerely, s/ Robert F. Bristol, President The Town's obligation, noted by the Attorney, would only be for reasonable charges for copy work of documents pertinent to the preparation of the E.I.S. which are available under the Freedom of Information Law. As far as their professional staff attending meetings, etc., this would be a burden for Saratoga Associates to assume should they wish to have this type of input available. MRS. PAINO moved to forward a letter to the Tri -Municipal Commission indicating that the Town Board is agreeable to reimbursing the Commission any reasonable charges for copy work, under the Freedom of Information Law. Seconded by Mr. Farina Motion Unanimously Carried 236 MR. FARINA moved -to accept the Scoping Document for the Wastewater Treatment Facilities Plan and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried The Supervisor of the Town of East Fishkill, Dominick Cannizzaro, wrote to our Supervisor commending and supporting the Town on the Sprout -- Creek Watershed Protection Program. MRS. PAINO moved to accept this communication and place it on file. Seconded by Mr. Farina Motion Unanimously Carried Several communications were received from the Engineer to the Town; the first was a request from the Yorktown Christian Church to tie into the Central Wappinger Water Improvement. The Engineer explained that this organization currently has an application before the Planning Board for a proposed church on Brown Road. They are located within the Improvement Area and have requested approval from the Town Board pursuant to requirements of the Dutchess County Health Department. MRS. PAINO moved to forward a letter to the Pastor of the Yorktown Christian Church and to the Dutchess County Department of Health indicating that the Town Board has approved a connection to the Central Wappinger Water Improvement Area, at their expense. Seconded by Mr. Farina Motion Unanimously Carried The second report related to repair work on manholes in the Lake Oniad Drive. Mr. Paggi explained that the D.E.0 has requested that a study of infiltration be conducted in each of the Town's five sewer studies, in particular, the Wappinger Sewer Improvement Area and the Rockingham Farms Sewer District. The study has been completed and they have recommended work to be done to control the inflow infiltration, specifically to repair a number of manholes. There are between 35 and 40 manholes to be repaired and he estimated the cost would be $200 for each manhole. Mrs. Paino noted that the Town went to bid last year for improvements mandated by the D.E.C. and the cost of this work is covered under the bond. MR. FARINA moved to repair a maximum of 40 manholes in WSI#1, at a charge not to exceed $200 per manhole. Seconded by Mrs. Paino Motion Unanimously Carried 237 The third report was in regard to the installation of two manholes at Roberts Lane to alleviate a chronic sewage back up in that area. The maximum estimated cost has been set at $4,879 including contingency. MR. FARINA moved to authorize an expenditure of a maximum of $4,879. to install manholes on Roberts Lane, per the Engineer's report. Seconded by Mrs. Visconti Motion Unanimously Carried Another report from the Engineer was in regard to the Davco Pump Station on Baldwin Drive. The Engineer asked to table this item as he expected to add an addendum on something that came up on this matter. As part of the process of closing the Castle Point Landfill Site, an Order on Consent form must be signed and returned to the D.E.C. By doing this, the Town will also be eligible for a 50% loan to assist them in the expenses of closing the landfill. MR. FARINA moved to authorize the Supervisor to sign the Order on Consent for closing the Castle Point Landfill Site. Seconded by Mrs. Visconti Motion Unanimously Carried Notices of intent to renew liquor licenses were received from Mama Mia's Pizzaria (Hackensack Plaza) Piccolo's (formerly Cheech's) and the 7 -Eleven at Route 82 and All Angels Hill Road. Eric Feinsmith, 16 Park Hill Road, was recognized by the Chair and complained that it appeared that the 7-11 Store was selling beer to minors and felt this situation should be investigated. MR. VALDATI moved to receive the notifications from Mama Mia's Pizzaria and Piccolo's and place them on file with no comment. 11110 Seconded by Mrs. Visconti L Motion Unanimously Carried MRS. PAINO moved that the notification from the 7-11 Store on Route 82 and All Angels Hill Road be received and filed and a letter be directed to the ABC Board indicating that the residents on Park Hill Drive have filed a complaint regarding the sale of beer to individuals under age and requests that this matter be investigated. Seconded by Mrs. Visconti Motion Unanimously Carried 238 Notice of Public Hearing was received from the Town of Fishkill set for September 21, 1987 on amending Chapter 150, Zoning of their Code and a Notice from the Town of Poughkeepsie on a Public Hearing on October 14, 1987 to consider an amendment to their Zoning Ordinance. MRS. VISCONTI moved to receive these Notices of Public Hearing and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried The Planning Board forwarded copies of their Rules and Regulations which were adopted at their September 14th, 1987 meeting to the Town Board for their review and approval. MRS. PAINO moved to approve the Rules and Regulations of the Planning Board as submitted by them. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Visconti moved that the Town Board adopt rules and regulations, preferably Roberts Rules. Mrs. Paino noted that the Attorney had prepared a sets of rules and regulations for the Town of Cortland and is presently working on similar ones for our Town. Mrs. Visconti withdrew her motion pending receipt of the Attorney's rules and regulations for consideration by the Town Board. A Memo was received from the Zoning Administrator requesting the Board to refund to Mr. Fred Gigler, his application fee of $35.00 due to erroneous interpretation by the Zoning Administrator and the Zoning Board of Appeals. MR. FARINA moved to refund Mr. Gigler application fee of $35.00, based on Mr. Levenson's recommendation. Seconded by Mrs. Visconti Motion Unanimously Carried The following letter was addressed to Mrs. Snowden from Dr. Scott, Commissioner of Health, regarding the Hil-N-Dale Subdivision: September 2, 1987 Dear Ms. Snowden: Hil-N-Dale is a Realty Subdivision proposed by the Highland Glen Development Corporation, which is presently before the Town Planning Board. It is believed that the property is within the benefited district commonly known as the Oakwood Knolls Sewer District. 239 Any property in a benefited district must be served by the district. Capacity of the plant and plant operational performance govern Health Department approval of all additional connections. Further connects to the existing Oakwood Knolls plant will be denied. Information regarding proposed water supply is missing. Capacity and operational performance must meet Department standards if additional connects are to be approved. The Environmental Assessment Form signed by John Railing, P.E. and dated 7/27/87 proposes that an approved landfill will be used for solid waste. Dutchess County is without an approved landfill. Complete and detailed plans, specifications and engineering reports are needed before a decision by the Dutchess County Health Department. These have thus far not been presented to the Department. We wish these comments to be included at the time of any Planning Board deliberation. Sincerely yours, s/ Dr. John R. Scott Department of Health The Engineer explained that the Planning Board is considering the preparation of the SEQR document for this subdivision and this letter is apparently in response to the SEQR proceedings and it should be circulated to involved agencies for comment. Mrs. Paino noted that a copy of this letter had been forwarded to the Planning Board and she assumed they would circulate it to the involved agencies. MR. FARINA moved to receive this communication and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from Joseph Monaco, President of Pine Clove Hollow Builders, Inc., to connect their 8 lot subdivision between Losee Road and Scotse Terrace into the Central Wappinger Water Improvement Area, as tenants to that district. The Engineer reported that there were a number of applications before the Planning Board for subdivisions within the district and these will be given consideration before others who are not within the district boundaries. At this time he recommended against extending the lines to include tenants. MR. FARINA moved to deny this request, upon the recommendation of the Engineer to the Town. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence was received from Mr. & Mrs. Weldon McWilliams regarding a sewer backup in their residence on Route 376, in the Mid -Point Sewer District. Upon investigation by Camo Pollution Control, the problem 240 was determined to be the responsibility of the Town's and they recommended that the McWilliams' be reimbursed for $291.87 which represents the expense they incurred for the Diamond Snake service and replacement of rugs and clothes. Debra Brown, Water and Sewer Billing Clerk wrote a backup memo to the Board confirming this incident and attached a letter from Camo advising the Board of their investigation and subsequent determination of responsibility. MRS. PAINO moved to reimburse Mr. & Mrs. McWilliams for their expenditure of $291.87 due to sewer backup which was determined to be the responsibility of the Town's. Seconded by Mr. Farina Motion Unanimously Carried The following letter to the Supervisor from G. George Urciuoli regarding road signs in Chelsea was read into the Minutes: August 12, 1987 Dear Irene: Thank the Town Highway Department for the erection of the "Watch Out for Children" signs in Chelsea which have been sorely needed. Although we do not care that the sign is on our front lawn, we feel that it is facing the wrong direction. It should be facing those vehicles that are entering Chelsea from the North. If at all possible, could signage be erected upon entering the Hamlet from the North, i.e. along River Road North, South of American Lumber on the River side of the road and on Chelsea Road as you come down the long hill and enter the Hamlet from the East near the firehouse, playground area. The problems we have encountered with regard to speeding has been along River Road North, between the Hamlet and up as far as Old State Road. We did notice that there is another sign on the right side of the beginning of River Road North, but perhaps the Highway Department would be agreeable to placing additional signage all along River Road North. Thanks for your time. Mr. Valdati took this opportunity to inform the Board that he had received complaints from residents regarding speeding on Wheeler Hill Road, River Road North and Old State Road. Upon checking the files he observed that a report had been received from Trooper Howard Finn, Jr. of the New York State Police who recommended that there should be a reduction in speed on Old State Road and River Road North to 30 MPH. This report was forwarded to the Dutchess County Commis- sioner of Public Works and the New York State Department of Transporta- tion on May 19, 1987 along with a resolution requesting a 30 MPH speed limit on these roads. We have no response from either agency on this request. Mr. Valdati noted that a petition had been signed by the residents of the areas mentioned and felt it should be forwarded with the communication to the County and State Officials. 241 MR. VALDATI moved to request the Dutchess County Department of Public Works and the New York State Department of Transportation for a 30 MPH speed limit on Wheeler Hill Road, River Road North and Old State Road. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Croshier noted that he had already taken care of the signs, as requested by Mr. Urciuoli. Mr. Hank DeMarco forwarded a communication to the Supervisor with several attachments relating to Railside Drive, Growth Management Committee. Mr. DeMarco had recently made a presentation on this matter to the Growth Management Committee and Mrs. Paino had forwarded copies of this communication to the Town Board, Town Clerk, Highway Superintendent and the Chairmen of the Planning Board and the Zoning Board of Appeals. At this date there has been no response from the last three agencies and Mrs. Paino wished to table the matter subject to receipt of their comments. Committee Reports - Mr. Valdati gave his report previously on speed limit reductions. Mr. Farina, Landfill, reported on the program of placing dumpsters at the Castle Point Landfill Site for September 26, 1987 and continuing for the Saturdays in October. There will be five dumpsters placed at the site for the residents to bring the items they wish to dispose of from 8:30 A.M. to Noon on those days. Proof of residency will be required, such as Town I.D. cards, drivers license or car registration; no contractors will be allowed. Mr. Farina listed the items that would be acceptable and those that will not be accepted. Mrs. Paino added that this program will be open to the residents of the Village of Wappingers Falls on the Town of Wappinger side, as they have done in previous years. Mr. Valdati had one more item of interest to offer ---as Chairman of Health and Safety he has learned that the Department of Health is offering flu vaccinations at the present time at the Knights of Columbus in the Village. 242 Mrs. Visconti did not have a Committee Report but did have an opinion to offer regarding the dumpster program. She had previously suggested having a work shop to discuss a clean up with the thought of utilizing the anticipated mortgage tax money for a curb side pickup. For whatever reason, a work shop was never held. She conducted a telephone survey and offered some of the comments made by the residents. Some felt that rather than the Town conducting a curb side pickup, they would be responsible for transporting their refuse to the landfill area. Dumpsters can only hold a limited amount making it necessary to close the site when they are filled. The senior citizens were disturbed because they had no way to bring their items to the dump site; they could get help for curb side pickup but help to the site was unavailable. A number of people were concerned about arriving before noon but after the site is closed making it necessary to unload vehicles, only to reload and try again on another Saturday. Some felt that people would be frustrated they would just dump their refuse. It was inconvenient to unload at the site, borrow or rent a pickup and the necessity of making several trips due to early closing and having too much to transport at one time. Modtresidents felt the project was not sufficiently thought out and it was equivalent to using a bandaid to cover a gun shot wound. Mr. Farina wished to respond to the comments and referred to the amount quoted by Mrs. Visconti for excess mortgage tax as $307,000; this was incorrect, it was actually $7,000; the $300,000 has already been allocated in this year's budget for other Town expenses. The Town of Poughkeepsie clean up, according to their Supervisor will cost just under a half a million dollars ($452,000). If this Town took out a Bond Anticipation Note, as suggested by Mrs. Visconti, it would cost each household $50 in 1988 to pay for 1987 cleanup. If this had been explained in her survey, Mr. Farina was sure she would have received different comments. As far as the senior citizens' problem, he felt he and Mr. Croshier could discuss this problem and make arrangements to help them. Mrs. Visconti rebutted that the $307,000 received was up to June 1, 1987 and from that date to the end of the year they could easily receive another $400,000 which could be used for this years pickup, that could be used for a B.A.N. this year for curb side pickup. Another comment she received from her survey was that it would have been better if the Town had done nothing. The burning permit which Mr. Farina had previously 243 mentioned he was considering for later on in the year to burn brush, leaves etc. was something the residents could handle, but not the take it yourself program. At this point Mr. Farina asked Mrs. Visconti if she was going on record as stating that what the Town was doing was worse than doing nothing and she replied that she was saying that funds were available to conduct a curb side pickup. Mrs. Paino joined the discussion noting that she met with the Highway Superintendent last week relating to this matter and she asked him to elaborate. At this late time of the year, Mr. Croshier informed Mrs. Paino at that meeting, he could not go into a pickup and if this did occur he would still have to haul the debris to the site and reload it into dumpsters which would be a double expense. Contrary to a newspaper report, he does have the manpower, but not the time. The monies available would have paid for a private carter to conduct the pickup, Mrs. Visconti pointed out; it did not involve the Highway Department. It should have been explored earlier, they should have had a work shop to discuss the program. Alberta Roe was recognized by the Chair and asked Mrs. Visconti how many senior citizens were questioned in her survey and the answer was approximately 12 to 15 people throughout the Town. Mrs. Roe noted that her friends who are seniors are the only ones who don't have a bunch of junk to throw it because they can no longer afford to throw anything out; she, for one would hate to pay extra for the junk thrown out on her street. Discussion continued, other suggestions offered on paying someone to dispose of these items, buy appliances from merchants who will dispose of your old ones; another point brought up was the fact that when the Town does conduct a pickup residents of other towns take advantage of it and deposit their junk along with the piles put out by our own residents. This was very evident last year and added considerably to the cost budgeted by the town for this service. Mr. Farina summed up his opinion by stating that regardless of whether mortgage money is there or not, a half of a million dollars on this Town's budget is an exorbitant amount of money to ask taxpayers to fund for a single service that not everyone in the Town takes advantage of. 244 Mrs. Paino concurred with this statement and brought out the point that this Town does not have any guarantee of receiving any more mortgage money or a specific amount, at this time and even if it did, in order to apply it to this year's budget, according to the Department of Audit and Control, the Town will have to wait until the end of December to determine if there is a surplus amount of money. This was also pointed out by the Town Clerk ago when discussion arose on the use of the money. a few months It is not fair to impose the expense of bonding a pickup on our taxpayers when they have had many increases to pay; this Town does not have the commercial business to relieve the burden from the residents. For now, the dumpster program is available to the residents, Mrs. Paino noted, reiterating the details and concluding the discussion. Resolutions --- A Public Hearing having been held on a proposed Local Law Extending a previously imposed Moratorium on Forestry on September 21, 1987, the matter was placed before the Town Board for their consideration. SUPERVISOR PAINO moved to adopt Local Law No. 14 of 1987 as follows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. Extension of Moratorium Period Local Law No. 11 of 1987, be and hereby is amended to provide for a Moratorium on all forestry activities in the Town of Wappinger up through and including November 30, 1987. SECTION II. No Other Changes All other respect to the and no changes aspects of the previously adopted Local Law with Moratorium shall remain in full force and effect are made herein. SECTION III. Effective Date This Local Law shall become effective upon the filing with the Secretary of State. Seconded by: Councilman Farina Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent A Public Hearing having been held on a proposed Local Law Regulating Traffic within the Town of Wappinger on September 21, 1987, the matter was placed before the Town Board for their consideration. COUNCILMAN FARINA moved to adopt Local Law No. 15 of 1987 as follows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: 245 SECTION 1. Full Stop Streets The following roads and highways are hereby designated as full stop streets and intersections and all vehicles shall observe any posted stop sign at the intersection hereinafter described before entering the intersecting street. Boxwood Close with its intersection at Park Hill Drive. Larmel Court with its intersection at Park Hill Drive. Shadybrook Lane with its intersection at Park Hill Drive. Mocassin Drive with its intersection at Park Hill Drive. Fieldstone Court with its intersection at Spook Hill Road. SECTION II. Fines Any vehicles failing to observe stop signs above described shall be subject to prosecution for violation of this Local Law and shall be subject to punishment by a fine not to exceed $50.00. A violation of this Local Law shall be deemed a traffic infraction. SECTION III. Effective Date This Local Law shall become effective upon filing with the Secretary of State. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent A Public Hearing having been held on a proposed Local Law requiring specific submissions with respect to requests for change of zoning, on September 21, 1987, the matter was placed before the Town Board for their consideration. SUPERVISOR PAINO moved to adopt Local Law No. 16 of 1987 as follows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. Documents to be Submitted for Consideration of a Change of Zoning In addition to all of the other requirements of the Zoning Ordinance of the Town of Wappinger, it is hereby required that the applicant for any change of zoning submit to the Town Board a site specific plan showing the potential use of the property to be rezoned by showing thereon specifically by design all of the buildings, parking areas, etc., that will be envisioned should the change of zone be enacted. The applicant shall give notice of the public hearing on the application for change of zoning, by certified mail, Return Receipt REquested, to all adjacent owners. %1100 SECTION II. Compliance L The failure of an applicant for a change of zone to comply with this Local Law after its effective date for any applications for change of zoning submitted after its adoption, shall be deemed to be sufficient to allow the Town Board to refuse to consider the application for a change of zoning. SECTION III. Compliance to be Reviewed The Zoning Administrator is hereby designated to review all change of zoning applications for compliance with this Local Law prior to their being included on the Agenda of the Town Board for consideration. SECTION IV. Effective Date This Local Law shall be come effective upon filing with the Secretary of State. 246 Seconded by: Councilman Farina Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent A Public Hearing was held on September 21, 1987 for the purpose of considering the expansion of the scope of the 1987 Dutchess County Consortium Funds. The original application was for the protection of the Hilltop Aquifer, the expansion will include other sources of water supply for the Town. SUPERVISOR PAINO moved to approve the expansion of the scope of the 1987 Dutchess County Consortium Funds to include other sources of water supply. Seconded by: Councilman Farina Roll Call Vote: 3 Ayes Mrs. Visconti ---Nay Mr. Reis ---Absent The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, RICHARD G. BARGER and DAVID W. STENGER are owners of certain property in the Town of Wappinger and have offered to dedicate a parcel of land known as "STENGER COURT" in the Town of Wappinger, Dutchess County, New York, to the Town of Wappinger, and WHEREAS, a Performance Bond has been posted to guarantee the completion of said road, in accordance with the rules and regulations of the Town of Wappinger, and WHEREAS, the Highway Superintendent has found that Stenger Court has been completed to Town specifications and has favorably recommended the acceptance of said road as and for a Public road, and WHEREAS, THE Engineer to the Town has favorably recommended the acceptance of said road as and for a Public and Town road, NOW THEREFORE BE IT RESOLVED that Stenger Court as more particularly described in a Deed from Richard G. Barger and David W. Stenger to the Town of Wappinger dated the 20th day of November, 1986 is hereby accepted as a Public Highway in the Town of Wappinger and it is FURTHER RESOLVED that a Maintenance Bond to guarantee that said road has been installed with the Town's rules and regulations and a Letter of Credit in the sum of 20% of the Performance Bond shall be posted in the Town of Wappinger in favor of the Town of Wappinger, and it is FURTHER RESOLVED that upon the signing of said Maintenance Bond the present Performance Bond shall be released by the Town Clerk of the Town of Wappinger and be returned to Richard G. Barger and David W. Stenger, and it is FURTHER RESOLVED that the name of the road upon acceptance shall be "STENGER COURT". Seconded by: Councilman Farina Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent 247 The next matter on the Agenda related to the Greer rezoning request, Lead Agency status. MRS. VISCONTI moved that the Town Board be designated as Lead Agency in the Greer rezoning petition, previously filed and the Attorney to the Town take all necessary steps to perfect the request of the Town Board. Seconded by Mr. Farina Motion Unanimously Carried The next item on the Agenda was consideration by the Town Board to establish an Ambulance District. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, pursuant to special legislation adopted by the State Legislature and approved by the Governor, the Town Board of the Town of Wappinger is authorized to establish an Ambulance District, and WHEREAS, it appears that the establishment of an Ambulance District to include all of the areas of the Town outside of the Village of Wappingers Falls would be in the best interests of the Town, and WHEREAS, in order to afford the public the opportunity to be heard, NOW THEREFORE BE IT RESOLVED that the Town Board does hereby direct that the Engineer to the Town prepare a map to show the proposed Ambulance District to include all of the area of the Town of Wappinger outside of the Village of Wappingers Falls, and BE IT FURTHER RESOLVED that the Public Hearing to determine whether or not said Special District should be created, shall be held on the 19th day of October, 1987 at 7:00 p.m., or as soon thereafter as the public may be heard, and BE IT FURTHER RESOLVED that the Attorney to the Town be and hereby is directed to prepare the necessary documents for presentation at said Public Hearing for the consideration of the Town Board and for the public comment. Seconded by: Councilman Farina Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent A request was received from the Comptroller for the following transfers: The following resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, there has been an increase in Dog Warden activity in 1987. This increase was not foreseen when preparing the 1987 budget, therefore, enough funds were not appropriated. 248 BE IT RESOLVED, transfer from 00-01-1990.40, A Fund contingent $2,500.00 to Dog Control fund: 24-01-3510.10 for $1,000.00 and 24-01-3510.40 for $1,500.00. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent The following resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, the Town has increased the amount of dumpsters for Saturday garbage collection and, WHEREAS, the Town did not foresee the increase in 1987. The appropriation in the 1987 budget was not large enough, and WHEREAS, the Town has increased the rates to the residents for this collection to cover this increased cost. BE IT RESOLVED, to transfer from 01-01-1990.40, $2,500.00 to 01-07-8160.40. Seconded by: Supervisor Paino Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent Mr. Farina explained that in April of 1987, the carting service had raised the rates for the Saturday Morning Garbage Program and the rates to the residents for this service was subsequently raised; under state law this extra revenue cannot be used in the 1987 budget, however, it will be in the 1988 budget to cover this transfer. The following resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, one o in an accident, and WHEREAS, the T recovery, and f the Town's voting machines has been destroyed own has received $2,000.00 in an insurance WHEREAS, the Town needs to purchase a new voting machine to replace the one destroyed. BE IT RESOLVED, transfer from A fund contingent 00-01-1990.40 $2,000.00, to Election Equipment 00-01-1450.20. Seconded by: Councilman Farina Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent A Memo was received from Judge Francese requesting a transfer of $1,000 from the A Fund to the D.W.I. funding in order to continue meeting the expenses of the program which will be covered by monies from the County for this purpose. The account is depleted due to the need for additional help needed for the STOP D.W.I. Funding. MRS. VISCONTI moved to approve the transfer for the D.W.I. program in the amount of $1,000, as requested by Judge Francese. Seconded by: Mr. Valdati Motion Unanimously Carried L 249 The Dutchess County Department of Public Works forwarded their annual resolution to the Town Board regarding the two County Roads that our Highway Department plows and sands throughout the winter season, (Chelsea Road and Creek Road (Market Street). The following resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, the Town Superintendent of Highways has been requested by the County of Dutchess to participate in the regional County Highway Snow and Ice Control Program within the boundaries of the Town, and WHEREAS, and logically, an earlier or sooner response factor can be provided by Town units and personnel within the locale thereby benefiting the overall safety and welfare of town residents and local community interest, and WHEREAS, such participation by the Town in removing snow from designated County Highways, and by sanding and salting or otherwise treating them for the purpose of maintaining highway safety and accessability for emergency services, is specifically authorized by Article 6, Section 135 of the New York State Highway Law, now, therefore, be it RESOLVED, that the Town Highway SUperintendent be and is herein authorized to perform such work as is found necessary, at hourly rates agreed upon by the Town and the County for the renting and hiring of such equipment for the Winter season 1987-1988, and include a Certificate of Insurance for Liability. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent Bids for Sludge Removal and Chemical Purchases for the Town's Water and Sewer Districts were received and opened on September 16, 1987; these were reviewed by the Engineer and he submitted the following recommendations: award the bid for Sludge Removal to M & 0 Sanitation (the only bid received) in the amount of $127.50, per 1,000 gallons; bid for chemical purchases, sodium hypochlorite, $10.75 per 15 gallon container, and $38.50 per 55 gallon container; muriatic Acid, $17.50 per 145 pound container; hydrated lime $4.58 per 50 pound container to Jones Chemical and hydrogen peroxide 35%, $47.11 per 140 pound container to Axton Cross Company. MRS. VISCONTI moved to award the bids for Sludge Removal and Chemical Purchases, as recommended by the Engineer to the Town. Seconded by Mr. Valdati Motion Unanimously Carried A contract was received from the Dutchess County Department of Planning for the Community Planning Services Agreement in the amount of $23,900. 250 This document pertained to the services of this department in assisting the Town in the revision of the Master Plan and Zoning Ordinance. MR. FARINA moved to authorize the Supervisor to sign the contract with the Dutchess County Department of Planning. Seconded by Mrs. Visconti Motion Unanimously Carried RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR CENTRAL WAPPINGER WATER IMPROVEMENT AREA. The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Central Wappinger Water Improvement Area in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR OAKWOOD WATER DISTRICT The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Oakwood Water District in accordance with the following standards: 251 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR THE FLEETWOOD WATER DISTRICT The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Fleetwood Water District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. 252 f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The land which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR THE TALL TREES WATER IMPROVEMENT AREA. The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Tall Trees Water Improvement Area in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. SeCan1eL. Served by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR ARDMORE WATER IMPROVEMENT AREA The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Ardmore Water Improvement Area in accordance with the following standards: 1. All property within the benefit area shall be assessed. 253 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The land which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WAPPINGER SEWER IMPROVEMENT AREA #1. The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Wappinger Sewer Improvement ARea #1 in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. 254 g. The lands which can not be served in the judgemnt of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR ROCKINGHAM FARMS SEWER DISTRICT. The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Rockingham Farms Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit unit per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR FLEETWOOD SEWER DISTRICT. The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Fleetwood Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: 255 a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WILDWOOD SEWER DISTRICT. The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Wildwood Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could 256 be served. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR MIDPOINT PARK SEWER DISTRICT. The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Midpoint Park Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit unit per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units which would normallybe assigned if the property could be served. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WATCH HILL SEWER DISTRICT. The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an Assessment Roll for the Watch Hill Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. 257 b. Vacant residential land less than two acres - ,8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit unit per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed yluation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The land which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Mr. Reis ---Absent Correspondence was received from the Dutchess County Clerk regarding the relocation of the Motor Vehicle Services presently in the City of Beacon to the Fishkill area. Mr. Steinhaus was seeking the support of the municipalites of Dutchess County on this proposal. Mrs. Paino commented that the County Clerk had done extensive research on this proposal including traffic and growth patterns in southern Dutchess, and as a result of the studies conducted it has been determined that the population growth will be in the Fishkill, East Fishkill area, rather than in Beacon. Mrs. Paino moved that the Town Board support the Dutchess County Clerk in his proposal to relocate the Motor Vehicles Services from Beacon to the Fishkill/East Fishkill area. Seconded by: Councilman Farina Roll Call Vote: Councilman Farina Aye Councilman Reis Absent Councilman Valdati Abstain Councilman Visconti Nay Supervisor Paino Aye Motion Defeated Prior to the vote comments were made by the Board Members both pro and con on this proposal. Mr. Farina thought this would be ideal for the residents of Wappinger; Mrs. Visconti was looking for more information before making a decision. Mr. Valdati had not heard any dissatisfaction from the City of Beacon on losing this 258 this service which, he was sure, is a boost to their economy, but he would like to have an opinion from the officials in Beacon on the proposed relocation. Mrs. Paino's interest was for the residents of Wappinger and, as shown in the statement submitted, it would be a benefit for us. Unfinished Business --- A report was received from the Engineer regarding the Sewage Disposal System at the Town owned Schlathaus Park. They had been authorized by the Town Board to conduct tests to explore alternative locations for the septic system. Mr. Paggi explained that the tests enabled them to make a determination that the alternate locations are not conducive to septic disposal subsurface sewer disposal and he felt they should explore better drainage of the site prior to making any decisions on a sewage disposal system. Mr. Paggi met with Mr. Grogan, Engineer with the Dutchess County Department of Public Works, at the site and he agreed there is road runoff from All Angels Hill Road and Myers Corners Road into the site. They also agreed that the road was there long before the Town owned the park. Mr. Paggi directed a letter to that department requesting that some type of curbing be placed along the perimeter of the property to direct the runoff into a closed storm drainage system rather than across the site. The County is considering this request and if they do this work, the Engineer advised the Board that it should be allowed to settle and dry the property, then conduct further tests. MRS. PAINO moved to forward a letter to Mr. Grogan indicating that the Town is aware that the road was there prior to Town ownership of the Schlathaus Park and for this reason, they do not wish the County to incur liability, however, in order to fully utilize the property, the Town Board would appreciate consideration of the Engineer's request to place the curbing around the property. Seconded by Mr. Farina Motion Unanimously Carried A memo was received from the Zoning Administrator regarding the redesignation of Green Fly Swamp; it was his opinion that the first avenue of approach would be to solicit the assistance of the New York State Department of Transportation to correct the situation and restore the land to full land use development procedure. 259 MRS. PAINO moved to receive the correspondence and place it on file pending a future work shop meeting. Seconded by Mrs. Visconti Motion Unanimously Carried A second memo was received from the Zoning Administrator regarding water meter installation, as follows: I would recommend that the installer of the new water meter file a certification of installation as follows: 1. Name of property owner 2. Address of property 3. Grid tax number 4. Water meter number 5. Meter reading at installation 6. Location where meter is installed 7. Building permit number 8. Date the water meter was sealed The Building Inspector of the Town of Wappinger should be ordered not to give a permanent or temporary Certificate of Occupancy until the above information is received properly executed by the installer of the water meter. The Building Inspector was present and agreed with the recommendations set forth by the Zoning Administrator. MRS. PAINO moved to adopt the Town Water Meter Installation Policy as set forth in letter from Zoning Administrator, Herbert Levenson, dated August 24, 1987. Seconded by Mr. Farina Motion Unanimously Carried A letter was received from the DCARC in response to the alternate sites included in the Town Board's resolution of September 1, 1987. These sites are Avenue and were location. This located at 18 Caroline Drive West and 70 Mesier suggested as alternates to the 34 Top 0' Hill Road Association has chosen to reject these two sites after making their assessment of the sites mentioned. During a conversation with Linda Smith, Executive Director of the DCARC, it was indicated to Mrs. Paino that another site located at Park Hill Drive was also unacceptable since, upon investigation, they found there was not enough land to provide a septic system. MRS. PAINO moved to delete the alternate site on Park Hill Drive from the list for the DCARC to consider as a group home for retarded young adults. Seconded by Mr. Farina Motion Unanimously Carried 260 The owner of the site at Park Hill Drive was recognized by the Chair and informed the Board that the DCARC had signed an "Option to Buy" form and they were of the opinion that this Association was interested in purchasing their home for their clients. Mrs. Paino reiterated her conversation with the Director and that is the reason the Town Board took the action they did. The Attorney explained the procedure of the "Option to Buy" which does not bind the buyer, however it does bind the seller to sell it to them for a certain fixed period of time. New Business --- The following letter was received from the Dutchess County Department of Public Works in response to our request to him to investigate a "sinking road" condition on Old Hopewell Road. September 9, 1987 Dear Town Clerk Snowden: Thank you for your letter of September 2, 1987 reporting on a "sinking" condition located on County Route #28 Old Hopewell Road. This matter will be investigated and the appropriate action will be taken if highway safety is at risk, or if the potential does exist for the development of unsafe conditions at this location. We thank you and Councilman Farina for bringing this matter to the Department's attention, and we certainly do appreciate your concerns and corresponding efforts. Sincerely, s/ Richard Steller Deputy Commissioner Mr. Croshier requested the Town Board to compile a list of surplus equipment of the Highway Department that is no longer in use which they might be able to realize some money from through the bidding process. MRS. PAINO moved to compile a list of surplus equipment of the Highway Department, as requested by the Highway Superintendent. Seconded by Mr. Farina Motion Unanimously Carried A work shop meeting was held last week with the Town Board and representatives of Lloyd Lumber who were given a zoning change last year. The approval of this rezoning included a stipulation that prior to the issuance of a Certificate of Occupancy the median on Route 9 and Osborne Hill Road would have to be closed and a traffic 261 light installed at the intersection of Route 9 and Smithtown Road, both at the expense of the applicant. At the request of Mr. Piazza, representing Lloyd Lumber, the work shop was held to discuss the consideration by the Board to allow a temporary Certificate of Occupation prior to the installation of the traffic light. Mrs. Paino noted that it was evident at the meeting that the Town Board was not receptive to this request since it was clearly indicated at the time of the rezoning that the stipulations imposed would be adhered to. The Supervisor, along with the other Board Members, offered to intercede with the New York State Department of Transportation and urge them to proceed with the installation of the light as expeditiously as possible, but that was the extent they would go to. Michael Hirkala, member of the Zoning Board of Appeals concurred with the statement made by Mrs. Paino that she would not consider their request. He felt that the applicant had ample time to accomplish these requirements and the rezoning, as approved, should remain with the stipulations and no C.O. should be issued until the project is completed. Mr. Piazza was present and offered his comments stressing the fact that they were asking for a temporary C.O. during the time the installation of the light was in progress due to the fact that the State is delaying them many months for approval of the design of the system. It was the original plan of Lloyd Lumber to have occupancy by October 15th of this year and it now appears that this will not occur until late November. This being the case, they will put off occupancy until April which leaves him in a position of being straddled with an unoccupied building costing $1,000 a month to maintain. He finds it difficult to conceive and understand how the Town of Wappinger, who has forced him to spend over $137,000 to provide the Town with a solution to a problem they already have, as far as traffic goes. It has nothing to do with the studies that have been made by the State for safety, it is purely on the basis of the amount of traffic that flows on Route 9 at that intersection with the Town road. When they came along it was an easy solution for the Town to have him incur the expense of paying for their problem. The State, he noted will put in such a light for the Town in 1989, but instead he has to bear the expense now. He is coming before them for relief from his financial burden, not created by the 262 applicant, but by the State. He wanted to set the record straight that he had asked for that consideration and it appears that you personally (addressing Mrs. Paino) are not ready to do so. Mrs. Paino rebutted that she was only one person on the Board and proceeded to reiterate her feelings on the matter. She sympathized with the financial situation he was in, but the safety factor must be foremost, especiallly since the opening of the business at the height of their season will certainly generate the flow of traffic at that intersection. Mrs. Visconti offered her opinion, after thinking out the situation, that this was a judgment call and in labeling it as such, she weighted two things ---Osborne Hill Road is a difficult road with a bad traffic problem, also Mr. Piazza has demonstrated the fact that he is a good neighbor in that he has spent $137,000 for a light that will be operational within the next year; he's bringing a good tax base into the Town, creating jobs. The traffic study shows that the problem is at rush hour and furthermore as a result of a recent court case, it has been determined that if the State is aware of a dangerous intersection and does nothing to correct it, they can be liable. They are talking about issuing this C.O. for a 30-60 day period. She repeated that it was a judgment call and she would take the risk of granting the request. Mrs. Visconti moved to issued a temporary Certificate of Occupancy to Mr. Piazza, for the Lloyd Lumber Company. Motion Failed For Lack of a Second During the discussion that followed Mr. Valdati questioned the Attorney on the liability the Town could incur if they considered this request and reversed the resolution of approval and the Attorney elaborated on what could happen; there were a lot of factors involved but he did compare it to waving a red flag. (Bucksbaum) W Phil Bucks, another representative wished to offer a final comment and agreed with the concern that there was danger in that area, traffic wise; he assumed by their action in denying Mr. Piazza's request that in the event an accident did occur in that area, the Town would take it upon themselves for the liability for that accident. He wished to go strongly on record that the action taken by the Town Board at this meeting has caused them extreme financial hardships. There was no other business to come before the Board. MRS. VISCONTI moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The meeting adjourned at 11:12 P.M. Reg. Mtg. 9/21/87 atat Elaine H. Snowden Town Clerk 263 A Public Hearing was held by the Town Board of the Town of Wappinger on September 21, 1987, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York, to consider the expansion of the scope of the 1987 Dutchess County Consortium Funds to include other sources of water supply. Supervisor Paino opened the Hearing at 7:05 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: David Reis, Councilman (due to son's illness) 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). Rudolph Lapar, 274 All Angels Hill Road, assumed this money is being used to consider tying into New York City and objected to this proposal. The City is looking to take 300 million extra gallons out of the Hudson River which means the City of Poughkeepsie could be seriously affected. He felt the Town should pursue an agreement with Fishkill, East Fishkill and LaGrange to protect CWWIA---aquifer protection in Wappinger is not enough. If we ask a neighbor for cooperation while undercutting their potential rights by making a deal with New York City, we are at fault. He compared the Town of Wappinger to an ant dealing with the City on its own; this needs strength and all towns should be involved. Mrs. Visconti asked the Engineer how much has been spent on this project . The Engineer had no knowledge of the amount of hours spent or the money involved but the engineering firm hired to consult with our Engineer is aware that the Town Board had put a cap on the number of hours to be spent on the consulting (25 hrs. @ $75.00 per hr.). Mr. Larios has informed him that the report is nearing its finalized form and it appears that there is nothing that would preclude the Town from tapping in, legally. Mrs. Paino pointed out that the Town of Wappinger is first, in all of Dutchess County to proposed Watershed Rules and Regulations that will specifically protect the Sprout Creek Aquifer for the residents of the Town and further, she has alerted the Towns who share the Aquifer with us and we have gained the support of Dutchess County i Health Department and Planning Department; at a meeting about a month ago with the Commissioner of New York State Health Department, Mr. Bill Fostel who was very positive about the project; support has been given by Norm Benson, Dutchess County Water and Soil Conservation District, Town of East Fishkill Supervisor, Supervisor of Uniondale, Town Conservation Advisory Council and many others. The County is planning on using these Rules and Regulations as a motto for the rest of Dutchess County. Mrs. Paino explained for the benefit of the public, that New York City has submitted two applications to the D.E.C. to draw water from the Hudson River, one for 100 million gallons per day in a state declared drought or emergency situation, the second, a maximum of 300 million gallons per day. It is the opinion of Mr. Fostel that the water will be drawn north of Poughkeepsie as it is a known fact that the Town and City of Poughkeepsie get their water from the Hudson River. Her concern was voiced at the Public Hearing on New York City's application for the 300 million gallons per day, regarding the salt line and the water supply for Poughkeepsie. As far as the County being involved in the project, as a member of the Dutchess County Water Resources Group, she is aware of what they are looking at from their standpoint; the easterly section of the County is within the Housatonic Drainage Basin thereby precluding them, for all practical purposes, from running any kind of transmission lines to that section. It will be a joint venture and the Town will be a good neighbor and consider a good potable water supply for all towns; the reason for this public hearing in that there are funds available to Wappinger and if not used, we will lose them; this will be for the purpose of looking for other sources of water along with protecting what we have. Mr. Lapar disagreed--tapping into New York City Aquifer is not going to help Hilltop or CWWIA. The Town, he continued had a problem in 1983 and they need protection as N.Y.C. has. Protection of watershed is needed so that nobody taps the aquifer that feeds CWWIA; we need underground protection. He does not want to see the funds diverted to N.Y.C. when it should be used for our protection. Mrs. Paino again referred to the Watershed Rules and Regulations which protects the Sprout Creek Aquifer, our ground water supply. The Town, she pointed out, is not seeking to tap into New York City Aquifer, but rather the Aquaduct, specifically the Delaware Aquaduct which runs under the Hudson River and enters the Town of Wappinger at Chelsea. Mr. Paggi asked Mr. Lapar if he was concerned about the qUantity of water in CWWIA and tapping into the Hilltop Aquifer. He proceeded to explain the procedure anyone wishing to draw a specific amount of water from an aquifer which involves applying to the D.E.C. They determine the number of approved applications for that Aquifer and total amount of water being drawn and will only approve a new application up to the excess amount. Mr. Lapar still objected and wanted the funds to go for the protection of the Hilltop Aquifer. Mrs. Visconti explained the action taken by the Town Board previously which was to hire an engineering firm to study the feasibility of tapping into the Delaware Aquaduct. The Hilltop funds were allocated in 1984 and the Supervisor stated that it would not cost the taxpayers additional funds since they could use consortium monies. She investigated this and received the following response: July 16, 1987 Dear Ms. Visconti: Last week you asked whether Community Development funds in the Hilltop Aquifer project could be used to pay an engineering firm to study the feasibility of the Town of Wappinger tapping the Delaware aquaduct to augment its water supply. The answer is yes. There is a process to go through first in order to do this. A public notice or newspaper article must go into the local paper announcing that the Town Board wants to amend its 1984 Hilltop Aquifer project to include a new activity and inviting the public to attend if they care to comment. At that meeting, the Board must amend the Scope of Services of the Hilltop project to include a feasibility study of tapping the Delaware. Include in the new Scope what it is you want to do. A copy of the public notice, resolution and minutes of the meeting should be sent to us with a letter from Mrs. Paino requesting that we amend the Hilltop project. We will do the necessary paperwork and when it is all in place, the Town may draw the funds for this activity. Please call me if you have questions. Sincerely, s/ Nancy A. Fogel Community Development Administrator Mrs. Visconti agreed with Mr. Lapar that the monies should be used to protect our underground water rather than spend it to tap into the Aquaduct she understands is 700' down. Mr. Lapar asked how they would get the water to Hilltop or Wildwood, won't it cost a lot of money. The Engineer pointed out that the number of water sources available to the Town for the present and future residents are limited ---amount of water in Sprout Creek, Wappinger Drainage Basin is limited. He felt and recommended to the Town Board that they look into every possible avenue of water supply, and one of them was tapping into the Delaware Aquaduct; the 700' depth mentioned at this hearing is a number, it will probably be at ground level where they will do this tapping. The legal ramifications may be tough but they are not that difficult and his attitude is positive and they will then know if it is a viable source. In response to Mrs. Visconti's query on the study made for Briar Lane to determine if there was a source of water in the pond, the Engineer answered that there was a report on this stating that productive wells could not be placed there. Mrs. Paino noted, in closing that this administration has done every- thing they can to protect ground water; referred to the proposed Watershed Rules and Regulations and mentioned the Leak Detection Study which revealed a 40% water loss in CWWIA and when corrective work was accomplished, the water loss dropped to 12%. The third avenue is to look for additional water supply which is the subject matter of this Hearing. There were no other comments made either for or against the proposal of expanding the scope of the Dutchess County Consortium Funds to include additional water sources. MR. FARINA moved to close the Public Hearing, seconded by Mrs. Visconti and unanimously carried. The Hearing closed at 7:30 P.M. aine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING FOR THE CONSIDERATION OF EXPANSION OF SCOPE OF 1987 DUTCHESS COUNTY CONSORTIUM FUNDS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and 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 September 9th, 1987, your deponent posted a copy of the attached notice of Public Hearing for the Consideration of Expansion of the Scope of the 1987 Dutchess County Consortium Funds, 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 42/ i/ day of ',42.1.X5,6:-:,7ait.1987. • Notary Public Elaine H. Snowden Town Clerk Town of Wappinger CECILE S. HAWKSLEY MNAVIMBIAMWMOFIONTWX NO. 4566032 WM IN DIRCIIESS COM, or COM= WIRES NG. 4, 11—L1 Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 PLEASE TAICE NOTICE IAN Se Town Amid aVWTownain aA600n duos a public Awing an imlber 21ut. 166741656 P M..a Inn Town N.6. And- dl.buh Rood. Tarn of Waoolnr6.r. New.. C nath.sgos.Y for So moon and /M7inny n y cai ui wn R.w.. c gPr.6y on or 6w palmation One NNW AcIAIL bg.abernowoeeawwnwoupplyfor • owaol VinoNn .r.-Y: A Public Hearing was held by the Town Board of the Town of Wappinger on September 21, 1987, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Extending a Previously Imposed Moratorium on Forestry in the Town of Wappinger. Supervisor Paino opened the Hearing at 7:31 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: David Reis, Councilman (Due to Son's Operation in Baltimore) The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing. The purpose of this Local Law is to extend the Moratorium while the Zoning Administrator works with the state officials to enact a law that strictly enforces specific forestry practices to protect our. woodlands. Mrs. Paino asked for comments either for or against this proposed Law. Rudolph Lapar, All Angels Hill Road, asked if this included cutting trees for a subdivision and was told there would be no problem with cutting trees for construction as long as the developer did not strip the land of the forestry. This was the purpose of the law -- to control the amount of trees being cut indiscriminately when clearing the land. There were no other comments made by those present either for or against the proposed Local Law. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Hearing closed at 7:35 P.M. Elaine H. Snowden Town Clerk Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 P11BUC NOTICE I ld PLEASE ilr OM NO el ICE Mst SW Town cruet r P elco waoe Mon iyyawn:, Eispiwew 21..1337. N Awn SuNNAN as It I NcwrwynoANNN bCwauseNurp0rrpa NNINeInas 7rNwrwlersw• aowWrbtir. • Torn of WappIngerw M and YIcIu33g Sad Pubic INNIng be NW al 2iotlw, el 6w0ferilbwr.1337 UM p.m. o.•.wwnwuwb gasio Altilcn.yNt WA "'°w .w pment NM plgWwtl M wl tlrwl tillw, . Tolt.tt N leaved fn 20 Mid- Aw�aoowpys Nowt wepprgr ANA Now Yak a�Yrtfrwltl ooffi w wabTeiwl&rka 11� Town or BY BOARD - OF THE TOWN OF _. . !Y: ELAINE SNOWDEN F • Deist AURA'S 21. 1057, TOWN CLERK ;.- Wappnrpos FON, Now York 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 ..B.Q.OMARPgg 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 .ane...weeks successively in each week, commencing on the 9th. day of�V.P.r 19 87and on the following dates thereafter, namely on and ending on the ..9th day of Sep.. 19..8.7 both days inclusive. ( e c, Subscribed and sworn to before me this 9th day of S ez: Z .............,.. 19 8 7 K Notary Public My commission expires RACE'.=L t+,'1S4)A�T NOTARY PC91:I.: YORK 7w ! - CCL- .''t TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW EXTENDING THE MORATORIUM ON FORESTRY ACTIVITIES IN THE TOWN OF WAPPINGER 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 Setpember 9th, 1987, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Extending the Moratorium on Forestry Activities in the Town of Wappinger, 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 2' day of2-e671,14--e."1--' 1987. Notary Public 7 StA-61 (9.S4 - Elaine H. Snowden Town Clerk Town of Wappinger CECILES:HAINKSLEY NOTARY PUBLIC, STATE OF NEW YORE 4866032 QUALIFIED IN DUTCHESS COM,- cs, COMMISSION EXPIRES AUG. 4, 19.—a A Public Hearing was held by the Town Board of the Town of Wappinger on September 21, 1987, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Regulating Traffic Within the Town. Supervisor Paino opened the Hearing at 7:36 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: David Reis (Due to Son's Operation in Baltimore) 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 for comments from the public regarding the proposed Local Law. Richard Tallmann, 22 Roberts Road noted that he had spoken to the Supervisor regarding a Stop Sign at Fieldstone Court and Spook Hill Road and questioned why these signs can't be included in a subdivision approval to be the responsibility of the developer. The Attorney explained that legally the Town Board must approve the installation of Stop Signs and the Planning Board approves subdivisions. The developer may place such a sign at an intersection prior to the Town accepting the road, however, there would be no enforcement of penalty for the violator. Once the Town accepts the road they must conduct a public hearing to allow the sign to be placed at the specific location. Councilman Farina suggested that a requirement for subdivision approval include a fund for payment of installation of stop signs by the developer at locations approved by the Town. The Attorney was requested to look into this suggestion and report to the Board. There were no other comments made either for or against the proposed Law. MRS. PAINO moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Hearing closed at 7:43 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW PROVIDING FOR THE ESTABLISHMENT OF STOP SIGNS AT INTERSECTIONS OF VARIOUS STREETS IN THE TOWN OF WAPPINGER. 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 September 9th, 1987, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Providing for the Establishment of Stop Signs at the Intersections of Various Streets in the Town of Wappinger, 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 -2/ 4.e2Z--1987. day of Notary Public flAJ 1(b Elaine H. Snowden Town Clerk Town of Wappinger CECI LE S. HAWKSLEY NOTARY PUBLIC. STATE OF NZW TO NO. 4866032 , MIMED IN MOOS CONY UW= CR M N4 4, Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 Pt*UC NOTICE''."''" PLEASE TAIE•NOTICE that the Town Bond d the Town d will cap . duct Hawk* to ado lino atood piewidlngbrlrnitlMnat of Slop p`arthe w WodI6PkHIMaeand> Hill • dIn Town d wappNpa. Bid Hewing will behold on the 210 day d 1g7, at 7:10p.m. or as soon efereafter • Anygrwishing he public Ille`f b sub - Int daold bepresentand prepped W. The T drd LimpresentThs Town ttaM Iooatsd at 20 Mid• d sbudc Road. Wappinger Falls, New York A copy of 01. proposed Local Law is aralleble a tlr OMaa d the Town Cie* d ihs Tawe d W BY OBER TOWN BOARD THE TOWN OF WAPPINGER BY: ELAINE OWNSNOWDEN Dated: August 311L167 WappYpsr Fels, New York 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 ..o; ..weeks successively in each week, commencing on the 9th day of .....sep.. 19.97. and on the following dates thereafter, namely on and ending on the .....9th.... day of ....Set, ... 19..Ii7both days inclusive Subscribed and sworn to before me this ...°ih.... day of ......&�?. &d L.. -,9 8 7 Notary Public My commission expires RACHEL WISHART NOTARY PU%LIC, STATE OF NEW YORK QUALIFIED IN DUTCHESS COUN 1Y k 144'55902 COMMISSION EXPIRES MARCH 31. 1:__ A Public Hearing was held by the Town Board of the Town of Wappinger on September 21, 1987 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Requiring Specific Submissions with Respect to Requests for Change of Zoning. Supervisor Paino opened the Hearing at 7:44 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: David Reis, Councilman (Due to Son's Operation in Baltimore) The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits attached hereto and made part thereof of the Minutes of this are Hearing). Mrs. Paino explained that this proposed Law was prompted by concern of residents in the area of the proposed Contrail rezoning who recommended that the Site Specific Plan be included in applications for rezoning. In addition, a further provision requires the applicant to give notice of the public hearing on the rezoning to the abutting owners of the property to be rezoned, by certified mail, return receipt requested. Mrs. Paino asked for comments from the public on this proposal. Mr. Rudolph Lapar, All Angels Hill Road asked if the law would apply to all applications that have been submitted. The Attorney responded that it would depend on what stage they are in ---if the public hearing on their petition has would apply to them. In the case of not been held then the law the Contrail rezoning which Mr. Lapar was actually referring to, yes they would be required to submit a Site Specific Plan since the public hearing has not been held. The Board Members had comments to offer referring to the Contrail Rezoning and the concerns expressed by the people in the area. There were no other comments from the public either for or against the proposed Local Law. MRS. PAINO moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Hearing closed at 7:55 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW WHICH WOULD REQUIRE THE SUBMISSION OF A SITE SPECIFIC PLAN ON REZONING APPLICATIONS AND NOTIFICATION BY THE APPLICANT TO ABUTTING OWNERS. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn deposes and 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 September 9th, 1987, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Which Would Require the Submission of a Site Specific Plan on Rezoning Applications and Notification by the Applicant to Abutting Owners, 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 aZ/ day of 1987. Notary Public Elaine H. Snowden Town Clerk Town of Wappinger CECILE S. HAWKSLEY NCrTART PUBLIC. STATE OF NEW TONI 110. 4866032 QUALIFIED IN DIMNESS COUffk, • COMMON MIRES AUG. 4, 19._,X Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 PM= NOTICE PLEASE TA N0710E the9� TOINII Sora at lis Torn a Wappinp.r arll ar► dual s Pubic N•.rMp to condoler.d.PwO a La! l. Ii�aprc.�ro9d�dp1r� • esquire pMs su9- nrtronact.1ilMTowndo.Iaa.cbrw 110662111011 by Me applicant a Mewing oat b• be* an She 21bye. September, 1087. r its P.. or as aeon bomber ea 110 pees be herd. Anyone obb no b Wena tha�.ub- jectspes Met One. it b •d b The Urn NOle n F.Y. located � Yak. A cavy of al. proband Load Lw Y elthe Oboe dale Town Clerk of N BOARD THE TONIN OF WAPPtl er:SNOWDEN OWN CLERK 997 New York • AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. ©iseia••St-bud tz `of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the B9okkegpg r 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 • c •.weeks successively in each week, commencing on the ...9 Jrh.. day of SQA., 19...8.7and on the following dates thereafter, namely on and ending on the 9th.. day of ..Seg I9..fi7both days inclusive. i L r i n,r j rt l� Soo Subscribed and sworn to before me this 9.th, day of Notary Public My commission expires RACHEL W?SHART NOTARY PUBut, FATE CF NEW YORK OtJALuF..E,�, SAY :. �L COLIN i 7O COMMMiS3jGgr ,f -.);F1:0 mARC4 31, p