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1987-01-20 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING JANUARY 20, 1987 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEG.IANCE TO FLAG 3. ACCEPT MINUTES Dec. 15th & 30th, 1986 Jan. 2, 1987 4. REPORTS OF OFFICERS: Town Justices Hydrant Report Receiver of Taxes Ping. Bd. & ZBA Attendance report for 1986 Bldg. Insp. Dec. Report & Annual Report 5. PETITIONS & COMMUNICATIONS a. Notice of Public Hearing from T/East Fishkill on Zng Ord. Amendment b. Sayeed Shah, Pres., Mid Hudson Islamic Assoc, Inc. requesting waivers of all fees in connection with their various applications proposed Islamic Church c. Rob't Geist re: intent of Pizza Hut to submit application for "on premises Beer License. d. Residents of Lormar Ct, and Rob't Short, Attny, repres. Thos. Campo re: Status of Lormar Ct. as Town Road e. Corr. from J. Miller - M & 0 Sanitation - re: pumping sludge from the L & A Treatment Plant. f. Residents from Spookhill Rd. near Old Hopewell, requesting "Childrn at Play" sign. g. A. Waddle, Dist. Sect'y of Hughsonville Bd. of Fire Commissioners, requesting application for funding from NYS Power Authority (Marcy power line) for numerous fire equipment for Hughsonville Fire Dist. h. Zoning Bd. of Appeals term of Office expires for A. Caballero 2/1/£7 i. Vacancy on Ping. Bd. (term of Chas. May expired 1/7/87) j. D. Kriegsman request to attend 11 day Seminar on 1/28 at New Paltz k. K & A Excavating Contr. Inc. request release of Hamilton Rd. DrainEge project 5%-1 year retainage 1. Planning Bd. Corr. re: Stage Door Drive 6. COMMITTEE REPORTS 7. RESOLUTIONS a. consider adoption of Local Law #1-87 Homestead Act b. Award Bids for Highway Vehicles c. Accept Schnabl Ct. as Town Road d. Accept Stenger Ct. as Town Road e. Introduce Local Laws to change rates for Town Water & Sewer Dists 6 8. UNFINISHED BUSINESS Imp. areas a. Corr. from T/Plng Bd. & Eng. to Town re: preliminary review of Contrail rezng. and Lawrence Farm rezng. requests.' -- b. County response re: Cross road signs on All Angels Hill Rd. 9. NEW BUSINESS /� l n c VAati-brU 'N 1131 1U kae, 1`taAtrer, LGZS AS 10. ADJOURNMENT 6 P/7 �l6`41rnets(C1ASU AS Reminder: Public Hearing on Local Law - Homestead Act. at 7:15 P.M. L 16 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on January 20, 1987, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:55 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr. Engineer All joined in the Pledge of Allegiance to the Flag, followed by a moment of silent prayer for the Town of Wappinger and its residents. The Minutes of the Regular Meeting of December 15, 1986, the Year End Meeting of December 30, 1986 and the Reorganizational Meeting of January 2, 1987, having previously been forwarded to all Board Members were placed before them for their consideration. MR. FARINA moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Reis Motion Unanimously Carried Reports were received for the month of December from the Town Justices, Hydrant Report, Receiver of Taxes, Zoning Administrator, Building Inspector, also Planning Board and Zoning Board of Appeals Attendance Report for 1986 and the Building Inspector's Annual Report. MR. REIS moved to accept the above stated reports and place them on file. ihe Seconded by Mr. Farina Motion Unanimously Carried Petitions & Communications --- A Notice of Public Hearing was received from the Town of East Fishkill, relating to an Amendment of their Zoning Law to provide Subdivision Recreation Areas. The Hearing will be held at the Town Hall on Route 376 on January 29, 1987 at 8:00 P.M. MR. FARINA moved to receive this notification and place it on file. Seconded by Mr. Reis Motion Unanimously Carried 17 A letter was received from A. Sayeed Shah, President of the Mid -Hudson Islamic Association, requesting a waiver of fees for the construction of their Islamic Church, a non-profit organization. This waiver would include fees for the Special Use Permit, Site Plan Review and Building Permit. MR. REIS moved to waive the fees related to the construction of the Islamic Church and notify Mr. Shah of this action. Seconded by Mr. Valdati Motion Unanimously Carried Two notices of applications for beer licenses were received ---the first from Robert Geist, President of Pizza Huts of Dutchess County Inc., for their restaurant located at 141 Route 9; the second from Attorney Gerard Comatos, representing R.S.F. Inc., presently operating as D.J.'S Deli on New Hackensack Road. MR. FARINA moved to place these notifications on file with no comment. Seconded by Mr. Reis Motion Unanimously Carried A letter was received with signatures of several residents of Lormar Court and one from Attorney Robert G. Short, with the firm of Hankin, Hanig & Stall, expressing their concerns on the status of this road as a Town Road. Mrs. Paino gave a brief background of this road for the benefit of the residents present and the Town Board Members who were not familiar with the situation. The original developer was Lormar Development Corp., the principal was Rudolph Lapar. A maintenance bond was tendered in the amount of $30,000, but allowed to expire a few years ago. In May of 1986, Mr. Lapar offered $30,000 to the Town if they would accept the road. At that time the Engineer indicated that completion of this road could cost anywhere from $90,000 to $120,000. Mrs. Paino learned through the Attorney that the Town could not expend the taxpayers' money to complete this road. The other alternative would be to charge the residents of that road monies in excess of $30,000 and this, she felt would be a hefty burden to put on these people. Part of the problem was solved when Mrs. Paino and the Engineer conferred with a developer who had purchased some of the lots and persuaded him to complete a portion of the road. At the direction of Mrs. Paino, the Attorney and Engineer contacted Mr. Lapar and his Attorney and learned that the offer of $30,000 still stood (the amount of the original bond) L L 18 since the $30,000 is availab]e,Mrs. Paino conferred with the Highway Superintendent who agreed to utilize this money and complete the road. This means that the Town can accept the road, the residents will be provided with maintenance of the road, school bus service and mail delivery. MRS. PAINO moved, at the recommendation of the Attorney to the Town, the Engineer to the Town, and the Highway Superintendent, that the Town accept the sum of $30,000 from Rudolph Lapar which will be utilized by the Highway Department to complete Lormar Court, and in return the Town will accept Lormar Court and grant a general release to Rudolph Lapar. Seconded by: Mr. Reis Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino requested that a copy of this resolution be forwarded to the Attorney to the Town, the Engineer to the Town, the Highway Superintendent, Rudolph Lapar and his Attorney, Harold Reilly. Her next request was to forward a letter to the new Superintendent of the Wappinger Central School, referencing the resolution and request him to consider providing bus service on Lormar Court. The residents of Lormar Court are concerned over the safety of their children who presently stand on the corner of Myers Corners Road for their bus. Mrs. Paino directed that a letter be sent to Commissioner James Spratt, Dutchess County Department of Public Works indicating that the residents of Lormar Court would like a traffic light installed at the intersection of Lormar Court and Myers Corners Road, for the safety of the residents of the area. As a point of information, the Attorney to the Town expects that the amount of $30,000 from Mr. Lapar will be forwarded to the Town within two weeks. In the intermim, our Engineer has learned, through contact with Mr. Lapar that he will continue the maintenance of this road until the Town accepts said road. A letter similar to that sent to the Wappinger Central School District, should be forwarded to the Postmaster indicating that the Town will be accepting Lormar Court and request that they provide postal service to that road. Mrs. Paino asked the residents from Lormar Court if they had any comments they wished to make, however, they were satisfied with the 19 actions taken by the Town Board and had no other comments to make. The following letter was received from M & 0 Sanitation: December 22, 1986 To Wappingers Town Board: M & 0 Sanitation will no longer pump the L & A Treatment Plant due to the dangerous situation of traffic, unless we are provided with adequate road protection. Our man has almost been killed several times, plus the trucks have been run off the road. We have no legal right in the road directing traffic. Traffic control is up to you. Sincerely, s/ J. Miller Mrs. Paino commented that she had been in correspondence with Mr. Miller and has contacted Mike Tremper from Camo Pollution Control who verified that the firm was still pumping from the L & A Treatment Plant. MRS. PAINO moved to direct a letter to M & 0 Sanitation indicating that when the company accepted the bid for sludge removal from the Town of Wappinger Sewer Plants, they accepted the responsibilities that went along with the contract, therefore the Town Board expects the firm to continue the sludge removal, under the terms of the contract, otherwise the award of this bid to their firm will be considered null and void. Seconded by Mr. Farina Motion Unanimously Carried A letter was received from several residents of Spook Hill Road requesting that a "Children At Play" sign be placed on this road toward Old Hopewell Road as they are concerned about the safety of their children due to the speeders using the road. The Town Clerk noted that this letter had been forwarded to the Highway Superintendent and he has notified her that this sign was installed, as requested on January 14, 1987. Mr. Farina added that the Highway Superintendent also placed a similar sign on Brown Road on the same date. MR. FARINA moved to receive the correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried L L 20 Arthur Waddle, District Secretary to the Hughsonville Fire District wrote to the Town Board requesting an application or instructions relating to funds offered by the New York State Power Authority for certain projects within the townships that the MARCY power line passes through. Mr. Waddle enclosed a list of fire equipment and the cost that the requested funding would be used to purchase. MRS. PAINO moved to forward a letter to Mr. Waddle indicating that the Town will be forming a committee to review the various requests received for this funding and his correspondence will be placed in a special file to be considered by this panel. Seconded by Mr. Reis Motion Unanimously Carried A vacancy will exist on the Zoning Board of Appeals as of February 1, 1987 when the term of Angel Caballero expires; the matter was placed before the Town Board for their consideration. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Alberta Roe, be and she hereby is appointed as a member of the Town of Wappinger Zoning Board of Appeals to fill the vacancy which has occurred due to the expiration of the term of Angel Caballero, and it further RESOLVED, that the said Alberta Roe is hereby appointed to the said Zoning Board of Appeals for a term which shall expire February 1, 1992. Seconded by: Councilman Reis Roll Call Vote: Councilman Farina Aye Councilman Reis Aye Councilman Valdati Nay Councilwoman Visconti Nay Supervisor Paino Aye Resolution Duly Adopted Prior to the vote, Mrs. Visconti wished to discuss the appointment and requested to open the floor in view of the fact that this procedure was followed when the Chairman of this Board was appointed. It was her understanding that the members of the ZBA recommended that Mr. Caballero be reappointed and she asked why he was not being considered for this seat. Mrs. Paino responded that the ZBA had not forwarded a recommendation for this appointment to the Town Board. Mr. Valdati commented that he had contacted Charles Cortellino and Michael Hirkala, members of the ZBA regarding this appointment and both spoke highly of Mr. Caballero and recommended that he be reappointed 21 as a member of this Board. Mr. Valdati was also in Caballero's reappointment as he had observed him at at which time he acted in a professional manner and favor of Mr. a ZBA meeting was well qualified to perform the duties of this Board. He would have liked to have the opportunity to nominate this person for reappointment to the ZBA and open the floor for discussion so all could have their input. Charles Cortellino, member of the ZBA, spoke of the qualifications of Mr. Caballero and noted that both he and Mr. Landolfi, another member of the ZBA, felt he should be on board again. Mr. Hirkala concurred with Mr. Cortellino, felt it was a big mistake to replace Mr. Caballero, noting that his expertise missed. The vote was then taken and Mrs. Paino will be sorely commented, when casting her affirmative vote, that Alberta Roe was well known by the Town Board as she has attended meetings for several years; she is aware of and interested in the activities of the Town; furthermore, the residents of the Town have indicated that they would like to see a change on the ZBA. Mrs. Visconti countered that seven or ten residents, out of a population of 28,000, does not justify that the Town Board should do the bidding of these seven people. Appointment, she continued, should not be run by a minority of the people ---if this is the case, they should be elected and there should be a referendum for every item that comes before this Board. Mrs. Paino concluded this discussion stating that as the Supervisor of this Town, elected by the residents, it is her duty to abide by the wishes of the majority and it was far more than several residents who wanted a change on the ZBA. The next item placed before the Board for their consideration was the appointment of a member to the Planning Board. Mr. May declined a reappointment to the Board when his term expired on January 7, 1987. Mrs. Visconti moved the name of Margaret Curtis as a member of the Planning Board, seconded by Mr. Valdati for the purpose of discussion. Mr. Valdati noted that the Planning Board had forwarded a letter to the Town Board listing names they considered viable candidates to their Board. Margaret Curtis has been a member of the Citizens Advisory Committee and voluntarily provided her services to the Town. 22 It was his opinion that a voluntary position, which precludes payment for services, exemplies a person's desire to work diligently for the Town. Mrs. Curtis is interested in becoming a member of the Planning Board and he felt she should be considered to function on that Board. Roll Call Vote: Councilman Farina Nay Councilman Reis Nay Councilman Valdati Aye Councilwoman Visconti Aye Supervisor Paino Nay Motion Defeated The following resolution was offered by COUNCILMAN FARINA who moved its adoption: RESOLVED, that Francis Patterson, be and he hereby is appointed as a member of the Town of Wappinger Planning Board to fill the vacancy which has occurred due to the expiration of the term of Charles May, and it is further RESOLVED, that the said Francis Patterson is hereby appointed to the said Planning Board for a term which shall expire January 7, 1994. Seconded by: Councilman Reis Roll Call Vote: Councilman Farina Aye Councilman Reis Aye Councilman Valdati Nay Councilwoman Visconti Nay Supervisor Paino Aye Resolution Duly Adopted Upon nominating Mr. Patterson, it was noted by Mr. Farina that Mr. Patterson has been a resident of the Town for the past ten years supports good planning and the Open Space Ordinance and is aware of the problems of the Town relating to water, sewer and highway. When casting her negative vote, Mrs. Visconti pointed out that the name of Francis Patterson was not on the letter of recommendation received from the Planning Board. Mrs. Paino added the fact that the Planning Board indicated that the names forwarded to the Town Board were not recommendations but merely listing names for this Board's consideration. 23 A request was received from the Building Inspector to attend a day seminar on Energy Conservation Construction Code at New Paltz on January 28. 1987. MR. REIS moved to grant permission to the Building Inspector to attend this seminar conditional upon being mandated by the State, and if so, his legitimate expenses will be a Town charge. Seconded by Mr. Farina Motion Unanimously Carried A request was received from K & A Excavating Contr. Inc., for the release of their retainage fee in the amount of $2,405.03 on the Hamilton Road Drainage Project which they started about two years ago. The Engineer explained that with the exception of the finalization of the paving, the project is completed. The contractor has indicated that if it is agreeable the Highway Department can complete the paving and deduct the cost from the contract. The Highway Superin- tendent has agreed to complete the work and the fee requested is the proper amount to release. MRS. PAINO moved to approve the release of $2,405.03 to K & A Excavating Contr. Inc. which represents the retainage fee on the Hamilton Road Drainage Project. Seconded by Mr. Farina Motion Unanimously Carried Correspondence was received from the Planning Board concerning the fact that Stage Door Drive has not been accepted as a Town Road. The Town Board had a work shop relative to this matter back in September with the Engineer and the developer and at that time the Engineer had concerns regarding the cul-de-sac and the Town right- of-way. The Engineer reported that since that work shop he has requested the developer that a permanent cul-de-sac be formed at the end of this road with the appropriate right-of-way being taken by the Town, but not deeded to the Town. This will involve a lot line realignment of the last two lots at the end of the subdivision and it is his understanding that this matter is presently in front of the Planning Board. When the realignment is completed, a new deed can be filed and the road can then be offered to the Town for dedication. The Planning Board requested in their letter that they be advised of the status of this road. Ed Hawksley, Chairman of the Planning 24 Board was present and commented that the correspondence from the Planning Board was intended as a point of information to the Town Board that there are at least four site plans pending before the Planning Board which cannot legally be approved until there is frontage on a Town Road. MRS. PAINO moved to receive the correspondence from the Planning Board and place it on file. Seconded by Mr. Farina Motion Unanimously Carried A resignation was received from Hans Gunderud, Zoning Administrator for the Town, which will be effective January 30, 1987. MRS. PAINO moved to accept this correspondence and place it on file and requested that a letter be forwarded to Mr. Gunderud thanking him for his services to the Town. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Paino noted that a work shop meeting will be held this Thursday night for the purpose of interviewing candidates for this position. The Supervisor contacted Dutchess County Personel_when she learned of Mr. Gunderud's resignation since this is a Civil Service position. Committee Reports --- Charles Cortellino, Chairman of the Cable TV Committee presented the following report on their meeting of January 12, 1987: 1. A letter Congressman Hamilton Fish expressing our disappointment that the federal government has deregulated the cable rates. It is our belief that the cable companies should be regulated the same as a utility company. There should be a local government and a state review. Recently the cable company raised the rate for the basic service while lowering the rate for HBO. It would appear that the cable company desires to expand subscription to the premiun services at the expense of the basic subscribers. The subscribers have no choice as the cable company is in a monopoly position as most areas of the town get poor reception with a home antenna. The subscribers indirectly have been paying for the 35 channel carrying capacity of the new lines being installed, yet we do not get as many stations as subscribers to Poughkeepsie Cablevision. Those subscribers pay only two (2) dollars a month more than we do but get more stations. The choice of stations to be carried should be by mutual agreement between the cable company and the town. Last time the cable company refused to permit this. Make it illegal for the cable company to refuse. Remove any restrictions as to what stations a cable company can carry. As we understand it, the cable company must pay a fee for carrying stations that are not from their area. For instance Channel 3, a CBS station from Connecticut cannot be carried without paying a fee as they are not considered to be in our zone. 25 2. There should be an audit of the cable company to determine if they are meeting the fee requirements that is entitled to the Town. 3. The Community Channel should broadcast the meetings of the Town Board, Planning Board, and the Zoning Board of Appeals. 4. The state should modify the law regarding signal strength to the TV sets to read signal strength to the point of entry -t to the cutomer as it is with the phone company. There should be no charge for multiple set use within a home. There could be a one-time charge for wiring and/or an amplifier if needed. Mr. Farina, liaison member of the Town Board to Cablevision, agreed with Mr. Cortellino and felt that the Committee brought up good issues. When notification was received regarding the increase of cable rates effective in January, 1987, the Town Board requested that letters be forwarded to Assemblyman Saland and Senator Rolison expressing our concern that the municipalities have no control over cable rates; he recommended that Congressman Hamilton Fish, Jr. be also informed of this concern. MR. FARINA moved to direct a letter to Congressman Hamilton Fish, Jr. indicating that the Town Board is concerned that local government has no control of cable rates and request that the State Legislature implement legislation to address this matter. Seconded by Mr. Reis Motion Unanimously Carried Mr. Farina reported that it was implied by the parent company of U. S. Cablevision Corp., which is Colony Communications, Inc. that Channel 62 will be on the extended service by April of 1987. There is a new set of Cable Commission Rules which is available to Mr. Cortellino from the Town Clerk and comments are invited from municipalities. He thanked Mr. Cortellino and his Committee for the work they had done and looked forward to working with them. Mrs. Paino welcomed Don Wilson, a Scout from Troop 68 who was present to observe and give a report on the Town Board Meeting, a requirement for a badge he was working for. Continuing with Committee Reports, neither Mr. Valdati nor Mr. Reis had reports for this meeting. Mr. Farina, Landfill Committee, reported that the Saturday Morning Garbage Disposal Program at the Highway will continue with the same rates for the next quarter ---$1.00 for a small bag and $1.25 for the large bag. 26 Mrs. Visconti, Dial -a -Ride Committee, reported on discussions at their meeting; there is an increase in ridership, the service to the towns is being expanded and presently they are working on expanding to Beekman. There is also an increase in the number of handicapped people using this service and this, she felt, was attributed to the fact that there is greater awareness of this service due to posters and flyers that have been distributed. The Committee hopes this trend will continue. Resolutions --- A Public Hearing having been held on January 20, 1987 on a proposed Local Law regarding the Homestead Act, the matter was placed before the Board for their consideration. MR. FARINA moved to adopt Local Law #1 of 1987 as follows: A LOCAL LAW TO ADOPT THE PROVISIONS OF REAL PROPERTY TAX LAW SECTION 1903 CONCERNING HOMESTEAD BASE PROPORTIONS. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: 1. The provisions of Real Property Tax Law Section 1903 concerning homestead base proportions are hereby adopted. 2. The homestead base proportions shall be established by Resolution of the Town Board of the Town of Wappinger in accordance with the Rules of the State Board of Equalization and Assessment, and shall apply to taxes levied on the 1987 final assessment roll and to taxes levied on subsequent rolls, until this local law shall be repealed. 3. This local law shall take effect upon publishing, posting and upon filing a copy with the Secretary of State as required by Law. Seconded by: Mr. Reis Roll Call Vote: 5 Ayes 0 Nays MR. FARINA moved to forward a letter to the Wappinger Central School Board recommending that they adopt a similar law relating to school taxes. Seconded by: Mr. Reis Roll Call Vote: 5 Ayes 0 Nays The following letter was received from the Highway Superintendent relating to bids on highway equipment 27 Dear Members of the Board: The bid opening for highway equipment was December The results and recommendations are as follows: PAVER 19, 1986. R. C. Herman Co $28,528.00 Model 1000R Lee Boy State Equipment $28,210.00 Model Maudlin Herman The Superintendent recommends Company. PICK-UP the bid be awarded to the R.C. Herman Gallagher Truck Center $12,765.00 GMC 8' bed Dave Ball Chevrolet $12,572.16 Chevrolet 6' bed Quinn Chevrolet, Inc $13,619.71 Chevrolet 6' bed The Superintendent recommends Truck Center. 2 YD. DUMP Gallagher Truck Center Dave Ball Chevrolet Quinn Chevrolet the bid be awarded to Gallagher $16,084.00 GMC $15,562.39 Chevrolet $18,094.07 Chevrolet The Superintendent recommends the bid be awarded to Gallagher Truck Center. DUMP TRUCK W/PLOW Healey International $50,300.00 The Superintendent recommends the bid be awarded to Healey International Trucks. 2 DUMP TRUCKS W/PLOWS Healey International $103,600.00 The Superintendent recommends the bid be awarded to Healey International Trucks. Very truly yours, s/ Kenneth T. Croshier Mr. Valdati questioned whether the two pieces of equipment that received one bid could be rebid for more competitive prices. Mrs. Paino replied that the bid specs were sent to several firms for these two items of equipment and it is unfortunate that only one company submitted a bid, however, this is plowing equipment and the Highway Department needs it at this time. She expressed her disappointment that only one bid was received, as did Mr. Farina. MR. FARINA moved to award the bids for the highway equipment, as recommended by the Highway Superintendent. Seconded by Mr. Reis Motion Unanimously Carried The acceptance of Schnabl Court as a Town Road was placed before the Board for their consideration. The Town Clerk indicated that the 28 Highway Superintendent recommended acceptance of this road since it meets the road specifications, however, the Engineer had a valid concern which he elaborated on in his report to the Board. Mrs. Paino, reading from this report, explained that during the Phase II Infiltration/Inflow study for the Wappinger Sewer Improvement #1, certain deficiencies were discovered in the Schnabl Court sanitary sewer and he recommended that the Town defer action on the acceptance of this road. He had copied the developer on his report and requested that he complete the necessary repairs. Mr. Paggi had an update on this matter and informed the Board that a site inspection was planned for Friday to determine if the problem is part of the road system or part of an individual lot or homeowners' system, MRS. PAINO moved to table action on the acceptance of Schnabl Court as a Town Road. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Snowden informed the Board that the deed for the road has been tendered to the Town and found to be acceptable by the Attorney and the Engineer to the Town. The acceptance of Stenger Court was placed before the Board. The Highway Superintendent recommended acceptance as it did meet the Town Road Specifications, however, there was no deed or Letter of Credit submitted by the developer. MRS. PAINO moved to table action on the acceptance of Stenger Court as a Town Road. Seconded by Mr. Reis Motion Unanimously Carried The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL LAW OF THE YEAR 1987 AMENDING LOCAL LAW NO. 1 OF 1985, LOCAL LAW NO. 1 OF 1982 AND LOCAL LAW NO. 9 OF 1980 WITH RESPECT TO THE ESTABLISHMENT OF WATER RATES FOR TALL TREES WATER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing water rates for the Tall Trees Water District with respect to residential 29 uses is hereby repealed, only with respect to water rates and the prior laws otherwise confirmed. SECTION 2. The following water rates are hereby established for the Tall Trees Water District. A. Residential 1. Each residential unit connected to the system: $218.00 annually and payable on a quarterly basis. SECTION 3. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held January 20, 1987, a proposed Local Law Amending Local Law No. 1 of 1985, No. 1 of 1982 and No. 9 of 1980, with respect to the Establishment of Water Rates for the Tall Trees Water District, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the legislative body of the town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 2nd day of February, 1987 at 7:00 o'clock P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL LAW OF THE YEAR 1987 AMENDING LOCAL LAW NO. 7 OF 1984 WITH RESPECT TO THE ESTABLISHMENT OF WATER RATES FOR THE OAKWOOD WATER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing water rates for the Oakwood Water District with respect to residential uses is hereby repealed, only with respect to water rates and the prior laws otherwise confirmed. SECTION 2. The following water rates are hereby established for the Oakwood Water District. A. Residential 1. Each residential unit connected to the system: $241.00 per year payable on a quarterly basis. 30 SECTION 3. This local law will take effect upon adoption and as provided by Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR PAINO wno moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held January 20, 1987, a proposed Local Law Amending Local Law No. 7 of 1984 with respect to the Establish- ment of Water Rates for the Oakwood Water District, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the legislative body of the town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That public hearing shall be held on the said proposed Local Law by the Town Board of the Town of WAppinger on the 2nd day of February, 1987 at 7:03 o'clock P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL LAW OF THE YEAR 1987 AMENDING LOCAL LAW NO. 7 OF THE YEAR 1985 WITH RESPECT TO THE ESTABLISHMENT OF WATER RATES FOR ARDMORE WATER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing water rates for the Ardmore Water District with respect to residential uses is hereby repealed, only with respect to water rates and the prior laws otherwise confirmed. SECTION 2. The following water rates are hereby established for the Ardmore Water District. A. Residential 1. Each residential unit connected to the system, be obligated to pay the minimum charge of $14.00 each quarter, regardless of consumption of water for said quarter. In addition to the foregoing, there shall be the following charges: If the residential uses more than 2,500 cubic feet per quarter, the residential unit will be charged at the rate of .75 per 100 cubic feet. SECTION 3. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. 31 The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held January 20, 1987, a proposed Local Law Amending Local Law No. 7 of 1985, with respect to the Establish- ment of Water Rates for the Ardmore Water District, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the legislative body of the town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 2nd day of February, 1987 at 7:06 o'clock P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL LAW OF THE YEAR 1987 AMENDING LOCAL LAW NO. 9 OF 1985 WITH RESPECT TO THE ESTABLISHMENT OF WATER RATES FOR CENTRAL WAPPINGER WATER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior local laws establishing water rates for Central Wappinger Water Improvement Area with respect to residential uses is hereby repealed, only with respect to water rates and the prior laws are otherwise confirmed. SECTION 2. The following water rates are hereby established for the Central Wappinger Water Improvement Area: A. Residential 1. Now all metered - $14.00 per quarter for all users up to and including 2,500 cubic feet of water. 2. In the event uses exceed 2,500 cubic feet, the charge shall be .75 per 100 cubic feet. SECTION 3. This local law shall take effect upon adoption and as provided by the Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held January 20, 1987, a proposed Local 32 Law Amending Local Law No. 9 of 1985, with respect to the Establish- ment of Water Rates for the Central Wappinger Water Improvement Area, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the legislative body of the town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 2nd day of February, 1987 at 7:09 o'clock P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL LAW OF THE YEAR 1987 AMENDING LOCAL LAW NO. 13 OF 1984 WITH RESPECT TO THE ESTABLISHMENT OF SEWER RATES FOR THE WILDWOOD SEWER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing sewer rates for the Wildwood Sewer District with respect to residential uses is hereby repealed, only with respect to sewer rates and the prior laws otherwise confirmed. SECTION 2. The following sewer rates are hereby established for the Wildwood Sewer District. A. Residential 1. Each residential unit connected to the system: $261.40 annually and payable on a quarterly basis. SECTION 3. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held January 20, 1987, a proposed Local Law Amending Local Law No. 13 of 1984, with respect to the Establish- ment of Sewer Rates for the Wildwood Sewer District, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the legislative body of the town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed 33 Local Law by the Town Board of the Town of Wappinger on the 2nd day of February, 1987 at 7:12 o'clock P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL LAW OF THE YEAR 1987 AMENDING LOCAL LAW NO. 6 of 1984 AND LOCAL LAW NO. 1 of 1981 WITH RESPECT TO THE ESTABLISHMENT OF SEWER RATES FOR THE FLEETWOOD SEWER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing sewer rates for the Fleetwood Sewer District with respect to residential uses is hereby repealed, only with respect to sewer rates and the prior laws otherwise confirmed. SECTION 2. The following sewer rates are hereby established for the Fleetwood Sewer District. A. Residential 1. Each residential unit be obligated to pay the minimum charge of $60.00 each quarter, regardless of consumption of water for said quarter. In addition to the foregoing, there shall be the following charges: If the residential unit uses more than 14,143 gallons per quarter, the residential unit will be charged at the rate of $2.50 per 1,000 gallons. SECTION 3. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held January 20, 1987, a proposed Local Law Amending Local Law No. 6 of 1984 and Local Law No. 1 of 1981, with respect to the Establishment of Sewer Rates for the Fleetwood Sewer District, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the legislative body of the town until a public hearing thereon has been held before such body, 34 NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 2nd day of February, 1987 at 7:15 o'clock P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL LAW OF THE YEAR 1987 AMENDING LOCAL LAW NO. 15 OF 1984 WITH RESPECT TO THE ESTABLISHMENT OF SEWER RATES FOR THE MID -POINT SEWER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing sewer rates for the Mid -Point Sewer District with respect to residential uses is hereby repealed, only with respect to sewer rates and the prior laws otherwise confirmed. SECTION 2. The following sewer rates are hereby established for the Mid -Point Park Sewer District. A. Residential 1. Each residential unit connected to the system: $474.40 annually and payable on a quarterly basis. SECTION 3. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held January 20, 1987, a proposed Local Law Amending Local Law No. 15 of 1984 with respect to the establish- ment of Sewer Rates for the Mid -Point Sewer District, and WHEREAS, the provisions of the Municipal Home Rule Law required that no local law shall be passed by the legislative body of the town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 2nd day of February, 1987 at 7:18 o'clock P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 35 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL LAW OF THE YEAR 1987 AMENDING LOCAL LAW NO. 12 OF 1984 WITH RESPECT TO THE ESTABLISHMENT OF SEWER RATES FOR THE ROCKINGHAM SEWER DISTRICT BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing sewer rates for the Rockingham Sewer District with respect to residential uses is hereby repealed, only with respect to sewer rates and the prior laws otherwise confirmed. SECTION 2. The following sewer rates are hereby established for the Rockingham Sewer District. A. Residential 1. Each residential unit connected to the system: $275.60 annually and payable on a quarterly basis. SECTION 3. This local law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held January 20, 1987, a proposed Local Law Amending Local Law No. 12 of 1984, with respect to the Establish- ment of Sewer Rates for the Rockingham Sewer District, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the legislative body of the town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 2nd day of February, 1987 at 7:21 o'clock P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays 36 The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL LAW OF THE YEAR 1987 AMENDING LOCAL LAW NO. 10 OF 1985 LOCAL NO. 14 OF 1984, LOCAL LAW NO. 5 OF 1976, WITH RESPECT TO THE ESTABLISHMENT OF SEWER RATES FOR WAPPINGER SEWER IMPROVEMENT #1 BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Any and all prior laws establishing sewer rates for the Wappinger Sewer Improvement #1 with respect to residential uses is hereby repealed, only with respect to sewer rates and the prior laws otherwise confirmed. SECTION 2. The following sewer rates are hereby established for Wappinger Sewer Improvement #1. A. Residential 1. Each residential unit connected to the system: $100.00 annually and payable each quarter. SECTION 3. This local law shall take effect upon adoption and as provided in Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held January 20, 1987, a proposed Local Law Amending Local Law No. 10 of 1985, Local Law No. 14 of 1984, Local Naw No. 5 of 1976 with respect to the Establishment of Sewer Rates for the Wappinger Sewer Improvement #1, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the legislative body of the town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 2nd day of February, 1987 at 7:24 o'clock P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays Unfinished Business --- At the request of the Town Board, preliminary reports were received from the Planning Board and the Engineer to the Town regarding Contrail Associates rezoning request; the Engineer also forwarded a report on the Lawrence Farms rezoning application. 37 MRS. PAINO moved to receive these reports and place them on file for discussion at a future work shop meeting. Seconded by Mr. Reis Motion Unanimously Carried A response to our request for cross road signs on All Angels Hill Road was received from the Dutchess County Department of Public Works. Mr. Farina read the following excerpt from this letter, noting that he was very disappointed in this response -- "We are sorry that we cannot meet your request. These intersections can be seen by the traveling public; therefore, the same precautions should be taken when entering All Angels Road as any other intersection, or when entering a major highway from a minor town road. Signs provide a false sense of security to some and are of little value unless caution is exercised". MR. FARINA moved to receive this correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried At the December 1, 1986 meeting the Town Board adopted an Ordinance creating an Architectural and Historic District Advisory Board; Mrs. Paino then indicated that at the first regular meeting in January, the Board would consider appointments to that Board. MR. FARINA moved to appoint the following people to this Board: Richard Cirulli 1 year term John Magdelaney 2 year term Carol Courtois 3 year term Constance Smith 4 year term Ralph Zimmerman 5 year term Seconded by: Mr. Reis Roll Call Vote: 5 Ayes 0 Nays MRS. PAINO moved to appoint Richard Cirulli as Chairman of this Board. Seconded by Mr. Farina Motion Unanimously Carried New Business --- The Town Clerk noted that she had received a request from Mr. Hawksley, Chairman of the Planning Board for Town Board consideration of hiring the firm of Planners East, Inc. as part time Planners/Consultants to the Planning Board. Mrs. Paino noted that Mr. Hawksley had forwarded to her an outline of the professional services offered by this firm and she invited Mr. Hawksley to add his comments on this matter. L 38 Mr. Hawksley noted that three firms were interviewed and it was the unanimous feeling that they would like to do business with a small company, a one on one basis which would enable them to deal with one person rather than several. The firm comes highly recommended from other agencies in Dutchess County and the Planning Board felt they would do a good job for the Town. The following proposal was read into the Minutes: %b+' December 12, 1986 Mr. Edward S. Hawksley Chairman, Town of Wappinger Planning Board 3 Franton Drive Wappingers Falls, New York 12590 Re: Professional Planning Services Dear Mr. Hawksley: It was a pleasure to meet with you and the Planning Board's Vice - Chairman yesterday afternoon. As requested, I am pleased to propose the following contractural agreement between PLANNERS EAST incorporated and the Town of Wappinger. SCOPE OF WORK. Simply stated, the Scope of Work is to provide professional planning services to the Town Planning Board in the coordination, review and processing of site plan review, subdivision plat, and related submissions. Services provided would assist the Planning Board in assessing the consistency of these submissions with the Town's master plan, the Town's land use and development regulations, and the various controls, mandates, and review authorities and responsibilities of other agencies and governments, incluidng the Town Board and the Zoning Board of Appeals, the County Health department, NYSDOT, NYSDEC and other involved parties. Reviews undertaken would emphasize both the application of generally acceptable planning, design and site development standards and criteria, and procedural requirements, specifically including compliance with SEQR. COMMITMENT OF TIME. All services would be provided on an "as requested" basis, which those requests coming from the Planning Board Chairman. Necessary time will be devoted to field review, consultation with project consultants, research, drafting of memoranda, resolutions, and other items, to accomplish the requested work in a timely and professional manner. The Consultant would be available to attend, as may be requested by the Chairman, meetings of the Planning Board to discuss significant agenda items, with it understood that the regular meetings of the Planning Board are held on the second and fourth Mondays of each month. COMPENSATION. The Town of Wappinger would provide compensation of FIFTY DOLLARS ($50.00) per hour for conduct of the work, with the alternative provided of establishing either a lump sum or a not to exceed amount for the more time -intensive planning and review assignments. In addition, reimbursable expenses, including mileage from the Kingston office of PLANNERS EAST, postage, telephone, photocopies, and related items, not to include either lodging or meals, would be reimbursable at direct cost. PLANNERS EAST Incorporated would bill monthly for services rendered and reimbursable expenses incurred, and would anticipate payment by the Town of Wappinger within thirty (30) days of receipt of a properly -executed voucher. The documentation provided on each voucher shall be sufficiently detailed to ensure reimbursement of consultant costs to the Town from applicants, as may be provided for within the Town's fee schedule. 39 RESTRICTION ON OUTSIDE ACTIVITY. PLANNERS EAST voluntarily commits to soliciting no work that would come before the Planning Board or any other board or agency of the Town of Wappinger during the full term of this proposed contractural relationship and for a period of six (6) calendar months beyond its termination. DURATION OF AGREEMENT. This proposal is for a period of one calendar year, i.e. January through December 1987, with it understood that the contractural relationship may be terminated by either party upon thirty (30) days written notice, with no penalty imposed for such severance. I would hope that the Planning Board and Town Board would feel comfortable with this proposal. Should it be acceptable, Supervisor Paino might execute this proposal as a Letter of Agreement and return one copy for our records and as an authorization for you and I to proceed. That authorization would include spending an intensive 12 -hour day becoming further oriented to the Town, its land use and development pattern, its land use and development regulations, and those projects currently proposed or pending before the Planning Board. This initial orientation wuld be capped by attendance, principally as observer, at that evening's Planning Board meeting. For this orientation, the Town would be billed $400. Should there be any further information or clarification that you might require, please do not hesitate to contact me at your convenience. Sincerely, s/ Arthur F. Brod, Jr. AICP MR. REIS authorized the Supervisor and the Chairman of the Planning Board to sign the contract, as submitted, with PLANNER EAST, Incorporated. Seconded by: Mr. Farina Roll Call Vote: 5 Ayes 0 Nays Mr. Valdati wished to speak on concerns of drug and alcohol related problems that presently exist in his Ward and throughout the Town. He noted that there have been many arrests in the community of people dealing in drugs and it has affected the school age population. He learned through Judge Vincent Francese that a tremendous amount of the cases in the Town Court are of this nature. While reviewing Town records, he found that a Narcotic Guidance Council had been formed by resolution of the Town Board in April of 1969. After reviewing the functions and purpose of this Council, Mr. Valdati felt the Town Board could reactivate this Council in an effort to help the community deal with these problems, especially when it affects the youth of the area. MR. VALDATI moved that discussion on the Narcotics Guidance Council be included in a future work shop meetirgof the Town Board. Seconded by Mrs. Paino Motion Unanimously Carried 40 Mrs. Paino had received a request from Judge Carl Wolfson for permission to attend a state mandated course at the Association of Towns Meeting in New York. MRS. PAINO moved to authorize the Town Justices to attend the state mandated courses at the Association of Towns Meeting. Seconded by Mr. Reis Motion Unanimously Carried The following letter was addressed to the Town Board from Judge Francese: Dear Members of the Town Board: With the increased work load in the Justice Court, and the need of having to make change on a daily basis, the court would request that the Town Board consider establishment of a Petty Cash Fund of $50.00 for the Town Court. Your attention to this matter would be appreciated. s/ Vincent S. Francese MRS. PAINO moved to authorize the establishment of a Petty Cash Fund in the amount of $50.00 for the Town Justice Court. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Paino referred to previous correspondence from Pizzagalli Devop- ment Corp. relating to this proposed construction of another I.B.M. facility on Myers Corners Road. It is her understanding that they are considering putting in a zero discharge sewer treatment plant. The Engineer verified the fact that this location is within the boundaries of Wappinger Sewer Improvement Area #1. MRS. PAINO moved to direct a letter to Pizzagalli Development Corp., informing them that the Town Board is opposed to the construction of a zero discharge sewer treatment plant for their proposed I.B.M. facility. Seconded by: Mr. Reis Roll Call Vote: Mr. Farina Abstained Mr. Reis Aye Mr. Valdati Aye Mrs. Visconti Abstained Mrs. Paino Aye Motion Carried Mr. Farina noted that he abstained on this motion as he is an I.B.M. employee and works at the facility on Myers Corners Road. 41 Mrs. Visconti questioned why they were taking this action at this time as it would delay the firm for a length of time and discourage them from locating in the Town. Mrs. Paino felt that this company should be paying their just dues the same as anyone else in the district and having discussed the matter with the Attorney she learned it was not a general practice to build your own sewer plant if you are located within the boundaries of an existing one. This action, Mrs. Paino explained is within the purview of the Town Board as they are the Board of Governors for the Town's water and sewer districts. Since the Planning Board was planning a scoping session with Pizzagalli at their next meeting, this action by the Town Board would help them give direction at the scoping session. Discussion continued with the Chairman of the Planning Board who noted that Town Board action was important in preparing the Environmental Impact Statement on the project, however, Mrs. Visconti was hesitant to delay the firm, thus her abstention on the motion. Mrs. Paino requested that letter be directed to Pizzagalli Develop- ment Corp., informing them that the Town Board has denied them permission to construct a zero discharge sewer treatment plant in that area. MRS. PAINO moved to direct a letter to Pizzagalli Development Corp., requesting them to provide the Town Board with information on the amount of water the proposed facility will use. Seconded by: Mr. Reis Roll Call Vote: 4 Ayes Mr. Farina ---Abstained A final item referred to by Mrs. Paino was the receipt of a letter late today from Hank DiMarco, resident of the Town, indicating that the Village of Wappingers Falls is interested in acquiring the U. S. Postoffice building at the corner of Route 9D and East Main Street when they cease operation at that location. Mr. DiMarco requested that the Town write a letter to the Real Estate Division of the U. S. Postoffice supporting the Village in this proposed acquisition. 42 MRS. PAINO moved to direct a letter to Kenneth Perrin, General Manager of the U. S. Postoffice, informing him that the Town Board of the Town of Wappinger supports the request of the Village of Wappingers Falls to be given the first opportunity for governmental use of the existing Postoffice at the corner of Route 9D and East LMain Street, at such time when this building is available for negotiation. Seconded by Mr. Farina Motion Unanimously Carried There was no other business to come before the Board. MR. FARINA moved to adjourn the meeting, seconded by Mr. Reis and unanimously carried. The meeting adjourned at 9:30 P.M. Reg. Mtg. 1/20/87 Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on January 20, 1987, on a proposed Local Law to Adopt the Provisions of Real Property Tax Law Section 1903 Concerning Homestead Base Proportions. Supervisor Paino opened the Hearing at 7:22 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mrs. Paino introduced Mr. Finnegan of Finnegan Associates who were presently working with the Town to complete the state mandated reevaluation of commercial and residential properties. Mr. Finnegan noted that the reassessment program was being conducted throughout Dutchess County, not only because it was mandated, but more important because of the need to have equal assessments for equal properties, i.e., two single families that are alike will have similar assessments, two gas stations that are alike will also have similar assessments. In order to keep the equality, frequest updating is required. The Homestaed Act, enacted in 1983, will give the Town the option of keeping the tax burden borne by commercial properties at whatever percentagle it used to be ---for example, if the commercial and industrial were paying 40% of the taxes before the reassessment, but due to the reassessment it is now 30% because of the shift, the Town has the option of keeping them at 40%, the same as they paid previously. This will create equity within the classes, but not between the classes. For example of $50,000 gas station and a $50,000 home would not pay the same taxes --the gas station would pay more. Mr. Finnegan explained that this Act of 1983 was found to be unconstitutional in 1984, it was changed twice in 1985 and again in 1986 and is now constitutional and available for town and school districts, but not counties. In 1984 it was deemed to be unconstitutional due to the fact that school districts were in various towns, however as stated previously, that has been changed. It is not meant for all towns but those that have a high concentration of commercial and industrial properties should consider adopting this Act. His firm thinks that the Town of Wappinger will want to consider the Homestead Act as there is some concentration of this type of property. The law can be rescinded if the Town so desires, at any time up to the publication of school taxes in August. It is important that they decide soon as reassessment notices will be sent out within a month and if the Town adopts the law, the residents will be notified what affect it will have on their taxes. On the other hand if the Town decides not to adopt it, this will be a different affect on the homeowners. In closing, he invited any questions the public might have. Bernice Mills asked if the Town adopts this Law, will the homeowners get a tax break and commercial properties remain at a higher assessed value. Mr. Finnegan explained that they would both be assessed at 100%, or whatever percentage the Town Board arrives at, however, the tax rate will be higher to commercial properties making their bill higher than that of the homeowners. They could be both assessed the same but the actual taxes paid by the commercial owner will be higher. Mrs. Mills stated if this was the case, she is in favor of adopting this law. Michael Hirkala felt the law should be adopted, it will help the homeowners a lot. He worried about a 100% assessment, but by adopting this law, they won't get the brunt of the taxes, the commercial will. Charles Cortellino spoke on procedures used in assessing ---if an apartment is half empty, you roll the assessment. He argued with this, if he is away for six months, he doesn't get a reduction in assessment, it stays the same. He does think commercial should have a higher rate, but it should also be uniform. Mr. Finnegan explained that rent capability will be the basis in the case of apartments, according to State law. There were no other comments made either for or against this Law. MRS. PAINO moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Hearing closed at 7:55 P.M. akIkk Elaine H. Snowden Town Clerk rtif. wad S. ID. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING •.' •-•• . . NOTICE 15 HEREBY GIVEN that there has been duly presented and introduced before the Twin Board of the Town of Wap- , Dutchess County, New York, on 30M. 1986, a proposed Local follows: LOCAL LAW NO. of 1987 . - TOWN OF WAPPINGER A LOCAL LAW TO ADOPT THE PROVI- SIONS OF REAL PROPERTY TAX LAW SECTION- 1903 CONCERNING HOMESTEAD BASE PROPORTIONS.. • BE IT ENACTED by the Town Board of the Town of Wappircer es Igloos: 1. The provisions of Real Property Tax Law Seadon 1903 concerning homestead base_ proportions are hereby adopted. • 2. The homestead base priportions shoe be established by Resolution of the Town - Board 01 910 Town of Wappinger in sccor- dance with the Ruin of the State Board of Equalization and Assessment, and shall apply 10 taxes Imied on the 1987 final assessment roll and to taus levied on subsequent rolls. until thio local leer shall 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS NY 12590 .albd. 3Ibis local law shall take effect upon publishing, posting and upon filing a copy with the Secretory of State as required by Law. NOTICE IS FURTHER GIVEN that Os Town Board wiN conduct a Public Hewing on the aforesaid proposed Local Law WM' Town Hall, Middlebush Road, Town of Wappliver, Dutchsee County, New York on January 20, 1967 al 7:15 P.M. on such date* id which time aN parties interested Mr be heard. NOTICE .IS FURTHER GIVEN that �piss d the aforesaid Proposed Local Law be available for examination and in- spection al the Office of the Town Cleric of the Town of Wappinger In the Town Hall, between the date 01 114. natio, and the date of the public hearing. ELAINE It SNOWDEN TOWN CLERK ' TOWN OF WAPPINGER Dined: January 5, 1987 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 W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of • Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for one weeks successively. .. 91PP. . in each week, commencing on the 7th day of Llano . 19.8.7, . and on the following dates thereafter, namely on and ending on the 7th 19.§7. . both days inclusive. (,-, 4 /,-- day of anuary Subscribed and sworn to before me this 7th day of Jan.198 P. • .11-.; • Notary Public My commission expires TIACHEL WISHART NOTARY PUSLIr..1. STt.TE OF NEW ynny, OUALIFIED OUTCHE.SS COUNlY COMMISSION EXPIRES MARCH 31, 1;. TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW TO ADOPT THE PROVISIONS OF REAL PROPERTY TAX LAW SECTION 1903 CONCERNING HOMESTEAD BASE PROPORTIONS. 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 January 8th, 1987, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law to Adopt the Provisions of Real Property Tax Law Section 1903 Concerning Homestead Base Proportions, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. Sworn to before me this day of >7/14:4-41 1987. Notary Public Elaine H. Snowden Town Clerk Town of Wappinger CECILES.HAWKSLEY NOTARY PUNIC. UM 0/ MEW TOM NO. NM PAWNED IN OMENS CORTI COMMON WM ?.UG 431-4,