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1986-03-03 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING MARCH 3, 1986 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Feb. 3, 1986 Reg. Feb. 13th Special 4, REPORTS OF OFFICERS: Receiver of Taxes Town Justices Hydrant (Jan) Bldg. Insp. Zng. Adm. Compt./Sup. thru Nov. 5. PETITIONS & COMMUNICATIONS a. Village of Wappingers Falls request permission to use voting machines for Village Election 3/18 b. Klaus Wimmer request for variance from the Moratorium c. Al. Hicks, Order Sons of Italy in Am. re: Triathlon -7/86 -approval for part of course trhough town of Wappinger d. Larry Bowden, Minister, re: availability of Water & Sewer for 5+Acre Parcel on All Angels Hill Rd. e. Communications from N.Y.S.D.O.T.-Responses to (1) Traffic signal Rte 9 & Myers Corners Rd. (2) Lane designatiOn-Rte 9 -Old Hopewell (3) Reduction of Speed limit for Old Hopewell Rd. Also - acknowledgement from County re: speed limit request-Stoneykill Rd f. Jas. Grey, for Chas. T. Main, Marcy -South -response to complaints at construction site Chelsea of road conditions, etc. g. H. Erichsen, CATV, reply to inquiry for cablevision on Stoneykill h. J. Paggi, Eng. to Town, Reports (1) Senerchia, 10 Scotse Dr.,drain- age complaint (2) Steinhaus Lane (3) Losee Rd. ReZoning Requests: (1) LCP Enterprises (aka Lloyds Home &B1dg.Centir (2) Ben Ciccone, Daley Rd. (3) Robert Maher, Old Rte 9 j. Recreation Comm. request authorization for Engineer to check drain- age -on Nancyaleen Drive rec. area k. Plang. Bd. recommendation re: Montfort -Nestler rezoning request. 1. Town of Lloyd -Notice of Public Hearing m. Authorize expenditure to purchase Maps from County-Attny & Eng. n. Requests from (1) Bldg. Insp. & Zng. Adm. to attend Seminar on 3/26 in Newburgh (2) Zng. Adm., Bldg. Insp.,Planning Bd. & Zoning Bd. Members to attend 9th annual Short Course in Millbrook 3/6-3/13-4/3-4/10 o. J. Railing, P.E., re: Lookout Point subd. area of Peters & Michael Drs p. Roger Akeley re: Landscape Median strip on So. Rd. (Rte9) q. Deborah Foy re: various concerns r. Proposed Subdivision Regulations forwarded from Planning Bd. for T/Bd response/comments/recommendation/concurrence s. Donald Crotty re: Hartman Property -PI -1A -Rte 376 -possible extension of Water lines to Subdivision t. R. Brescia re: Lake View Commons Subd. St. Nicholas Rd. u. Rob't Neelen re: Heffernan Property -MacFarlane Rd. 6. COMMITTEE REPORTS D. Reis re:Mandated Voting Dist. Boundary line Law. 7. RESOLUTIONS a. B. Kessler, Attny, re: Brack Const. Tax review, proposed Judgement & Stipulation w/Resolution b. Bids for T/Highway Garage Doors c. Res. for Developing Rte 9 Corridor Study d. Petition to Creat Myers Corners Water District e. Amend Insurance Line Item in Budget f. Transfer of funds to Insurance Fund items g. Local Law re: T/Clerks Salary 8. UNFINISHED BUSINESS a. D. Schner, Piszagalli, accept water pooster station 9. NEW BUSINESS 10. ADJOURNMENT A The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on March 3rd, 1986 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York. Supervisor Paino opened the Meeting at 7:32 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman Gerard McCluskey, Councilman David Reis, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr. Engineer Kenneth Croshier, Highway Superintendent The Meeting started with the Pledge of Allegiance to the Flag. Supervisor Paino asked the public to remain standing for a moment of prayer for the Town of Wappinger and its residents. The Minutes of the Regular Bimonthly Meeting of February 3, 1986 and the Special Meeting of February 13, 1986, having previously been forwarded to all Board Members, were now placed before them for their consideration. MR. MCCLUSKEY moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Farina Motion Unanimously Carried Reports were received for the month of February from the Town Justices, Receiver of Taxes and Hydrant Report for January, and the Comptroller/Supervisor Report thru November, 1985. MR. MCCLUSKEY moved to accept the above stated Reports and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried Petitions & Communications --- The Village of Wappingers Falls will be holding their Election on March 18, 1986 and have requested the use of the Town Voting Machines for this day. MRS. PAINO moved to grant permission to the Village to use the Town's Voting Machines on their Election Day, March 18, 1986 and to notify them that they should make arrangements with the Town Highway Department for the pickup and return of the machines. Seconded by Mr. McCluskey Motion Unanimously Carried A request was received from Klaus Wimmer for a variance from the Moratorium with the intention of building a five lot subdivision on his 5 acre parcel of land located on Pye Lane and All Angels Hill Road. He stated that his financial position depended on a fast approval of the subdivision. Mrs. Paino noted that a work shop meeting was held with Mr. Wimmer on February 13, 1986 and the Board indicated to him after their discussion that they could not entertain his request at this time. Mrs. Paino suggested to him that he contact her at a later time. MRS. PAINO moved to table Mr. Wimmer's request for a variance from the Moratorium. Seconded by Mr. Farina Motion Unanimously Carried Mr. Al Hicks of the Order Sons of Italy in America wrote to the Board seeking permission to use the Town roads for their annual Triathlon on July 27, 1986. They have already received approval from East Fishkill and intend to contact local and state police for their approval and assistance with traffic control. It was noted by Mrs. Snowden that they should also contact the local ambulance company. MR. MCCLUSKEY moved to grant permission to the Order Sons of Italy in America to use the Town roads for their annual Triath- lon on July 27, 1986 and recommend that they contact the proper agencies to notify them of this event. Seconded by Mr. Farina Motion Unanimously Carried A letter was received from Larry Bowden, Minister of the Mid -Hudson Christian Church, regarding the availability of water and sewer for a future building on their parcel on All Angels Hill Road, north of Brown Road and south of the Central Hudson Power lines. MRS. PAINO moved to authorize the Engineer to the Town to investigate this request and report to the Town Board, also notify Reverend Bowden of the action taken by the Board. Seconded by Mr. McCluskey Motion Unanimously Carried 7 Communications were received from the New York State Depart- ment of Transportations in response to various requests we have forwarded to them. The first related to synchronizing the traffic lights at Route 9/Myers Corners Road/Waldbaums which is maintained by the shopping center and equipment required to establish this coordination has been ordered and will be installed upon receipt, a Notice of Order allows for right turn only lane designation from the east lane of north- bound Route 9 traffic turning right into Old Hopewell Road; Notice of Order establishing a speed limit of 35 MPH on Old Hopewell road between Route 9D and New Hamburg Road and 40 MPH on Old Hopewell Road between Route 9D and Route 82 and the fourth communication acknowledging our request for a speed limit reduction on Stoneykill Road indicating that a formal investigation has been initiated at that location and when completed we will be notified of their findings. MRS. PAINO moved to receive these communications from NYSDOT and place them on file. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. McCluskey noted that unless they upgrade the shoulders at Old Hopewell Road and Route 9, their lane designation will not help the situation. MR. MCCLUSKEKY moved to request the NYSDOT to install a deceleration lane at that location to facilitate the flow of traffic. Seconded by Mrs. Paino Motion Unanimously Carried A response was received from James Grey, Highway REimbursement Coordinator with the firm of Chas. T. Main of New York, Inc. relating to our letter of complaint on the road conditions in the Chelsea area as a result of the PASNY construction. Mr. Grey indicated that the Construction Managers are aware of the deposits of mud being left on the roads and are doing their best to prevent or minimize recurrence. The dumping activity in the area of Old State Road and Route 9D has been put to a halt until the contractor provides the Con- struction Manager with the appropriate permits. Mr. Gray also supplied us with a telephone number where he can be reached if we require his assistance on future problems. MRS. PAINO moved to receive this correspondence and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried In response to our inquiry to Howard Erichsen, Regional Manager of U. S. Cablevision Corp. on serving the homes on Stoneykill Road, Mr. Erichsen replied that they are in the process of surveying Stoneykill Road to determine if it meets the require- ment of 35 homes per mile or greater, to receive this service. The Town will be kept informed of the results of the survey. Mr. McCluskey noted that Mr. Erichsen met with the Town Board over a year ago and indicated at that time that a survey would be conducted throughout the Town and if feasible they would offer the service in some areas or an alternative if they did not meet the criteria of 35 homes per mile, which would prove to be expensive to these residents. Mr. Reis offered his comment that a survey had been conducted a year or so ago, however now that there are more homes on Stoneykill Road, they intend to conduct another one. Charles Cortellino, being recognized by the Chair noted that during the previous administration it was suggested that the Cable Committee dispense with their meetings, perhaps because of litigation, however, he, as Chairman of that Committee still receives complaints and suggested that the Committee be reactiv- ated and resume their meetings. He has learned that the new development on Diddell Road are not receiving service, according to the cable company due to the fact that the polls are over- loaded in that area; this is a cause for concern. Now that the federal government has control over establishing the cable rates, they can charge whatever they want and actually there is no reason why the cable company can't expand their service. Another point he brought up was the fact that we are paying for 62 channels and receive about 15 of them. Although they must provide us with the local channels, evidently they don't consider the new channel in Kingston a local one since we are not receiv- ing it. For these reasons he felt the Cable Committee should be active again. Mrs. Paino agreed with this recommendation and requested that he provide her with the current names of the members of that Committee within the week. Several reports were received from the Engineer relating to various requests referred to him previously by the Town Board; the first was in reference to a drainage problem at land owned by Senerchia at 10 Scotse Drive. The recommendation of the Engineer to solve this problem was to construct a swale across the property to meet the existing stream, however the first step would be to check the plot plan that was filed to determine if this was included;_it was referred to the Zoning Administrator for his research and a report will be forthcoming from him. The matter was tabled pending the report from the Zoning Administrator. The second recommendation was against the acceptance of Steinhaus Lane as a Town Road due to three items that the Engineer is aware of that have not been competed ---he has not been provided with a copy of the "as builts", there is no monument and a drainage problem still exists at the end of the cul-de-sac. MRS. PAINO moved that the Engineer contact the developer to inform him of these deficiencies and the Town Board has rejected his request to accept this road until the Engineer's require- ments are complied with. Seconded by Mr. McCluskey Motion Unanimously Carried Several complaints over the years and presently from residents of Losee Road re traffic problems were referred to the Engineer at a previous meeting for his investigation and recommendations to alleviate the situation. His report included several recom- mendations which the Supervisor felt should be discussed at a work shop meeting with the Highway Superintendent and the Engineer; the meeting was set for March 27, 1986. A request was received from LCP Enterprises (22 Associates) to rezone a portion of a five acre parcel on Route 9 and Osborne Hill Road from R-20 to HB -2A at which location they plan to build an outlet for Lloyd Home and Building Center. MRS. PAINO moved to table action on this request and refer it to the Attorney to the Town for her review and recommendation. no Seconded by Mr. Farina Motion Unanimously Carried The next rezoning request was from Ben Ciccone, Sr. for a parcel of property on Daley Road of which 80% was within the Town of LaGrange zoned Industrial; he was seeking to have the remainder of the parcel, 20% in the Town of Wappinger rezoned the same, it is presently Residential. Mrs. Paino referred this request to a work shop meeting on the 27th of March, 1986. Mr. Robert Maher wrote to the Board requesting a rezoning on a small portion of his parcel on Old Route 9 (behind Wappinger Auto and in front of the Town Highway Department) from Residential to Commercial. Mr. Maher indicated that they were under the impression it was zoned Commercial but have been informed it is not; the remainder of his property is HB -2. Although this request came in front of the Board over a year ago, it was incomplete. Since the present Board is not familiar with the parcel, Mrs. Paino referred the request to a work shop meeting on March 27, 1986. A letter was received from the Recreation Commission seeking authorization for the Engineer to investigate the area of the recreation site at Spook Hill Road for possible drainage problems; they wish to make a path at Nancyaleen Drive and during recent visits to the area, Mr. Maurer noticed a stream behind the houses. MRS. PAINO moved to authorize the Engineer to meet with Mr. Maurer to investigate this area relative to possible drainage problems creating a path from Nancyaleen Drive to the recreation area. Seconded by Mr. McCluskey Motion Unanimously Carried A recommendation was received from the Planning Board indicating that they had no objection to the Montfort & Nestler rezoning request from R-80 to HB -2 on two parcels on Smithtown Road, off of Route 9. They did, however, express a major concern with the road being continued through to Smithtown Road. The recommendations from the Dutchess County Planning Board has not been received and for this reason, action was tabled on this matter. 2 A Notice of Public Hearing was received from the Town of Lloyd regarding a proposed Local Law to provide for the enactment of a fee schedule for various development and construction in their Town. MRS. PAINO moved to receive the Notice of Public Hearing from the Town of Lloyd and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from the Attorney and the Engineer to the Town to authorize an expenditure to purchase maps from the County. These maps would assist the Town in the Master Plan and zoning. MRS. PAINO moved to table this request pending further informa- tion on the cost of the maps. Seconded by Mr. Farina Motion Unanimously Carried Requests were received from the Building Inspector and the Fire Inspector to attend a one day seminar on March 26th, 1986 in Newburgh; the only cost to the Town will be the mileage allowance. The seminar relates to regulations con- cerning the underground bulk tank and gasoline service stations. MRS. PAINO moved to grant permission to these officials to attend the one day seminar on March 26th, 1986 at Newburgh. Seconded by Mr. Farina Motion Unanimously Carried Requests were also received from the Building Inspector, the Zoning Administrator, the Planning Board and the Zoning Board of Appeals to attend the Ninth Annual Short Course in Millbrook on March 6th and 13th, April 3rd and 10th, 1986, pertaining to zoning and planning. The cost is five dollars registration fee. Mr. Gunderud also requested permission to use the town car to drive to these classes. MRS. PAINO moved to grant permission to the officials to attend the Ninth Annual Short Course in Millbrook on the aforementioned dates. Seconded by Mr. McCluskey Motion Unanimously Carried MRS. PAINO moved to reject the request from the Zoning Administrator to use the Town car, due to the high cost of insurance. Seconded by Mr. Farina Motion Unanimously Carried Mr. John Railing wrote to the Board requesting to be on this agenda to discuss water service to Lookout Point Subdivision at Peter and Michael Drives. He indicated that the previous Town Board authorized the water hookup for this subdivision, however, the new Engineer has indicated there might be a problem with the water system which could delay the hookup. Mr. Railing was present with the principal of the development and his attorney and pushed for a quick resolution of this new problem pleading severe financial difficulties. Mrs. Paino preferred that this be discussed at a work shop meeting and set the evening of March 13, 1986 for this meeting. A copy of correspondence from Commissioner of Planning, Roger Akeley, to William Kikilbs of the New York State Department of Planning regarding the development of a landscape median strip on South Road (Route 9) was forwarded to the Town Board. This matter was discussed with the Commissioner at a work shop meeting with the Town Board and he indicated that they were experiencing a delay with the state regarding the landscaping. Mr. Kikillus was evidently continuing to press this issue with the state office. MRS. PAINO moved to receive the corresponce from Commissioner Akeley and direct a letter to Mr. Kikillus of the NYSDOT indicating that the Town Board does support a landscape median strip on South Road, and carbon copy Commissioner Akeley. Seconded by Mr. McCLuskey Motion Unanimously Carried A letter was received from Deborah Foy, 4 Spring Hill Court itemizing several complaints regarding that area in regard to speed limits, yield and stop signs and drainage. They included a 40 MPH speed limit on Diddell, Maloney and Smith Crossing Road, Daley Road at its intersection with Maloney Road has neither a yield or a stop sign, Spring HIll Court is a dead end street and is posted at 30 MPH, her recommendation is 20 MPH, no 15 adequate drainage along Smith Crossing Road; heavy traffic due to new developments causes confusion at underpasses as only one car can pass through at one time, ---these should be widened to allow two vehicles easy clearance. She requested that the Board give whatever consideration they could to these problems. Mrs. Visconti reported that she had contacted the Highway Super- intendent to investigate the situation as reported by Mrs. Foy. MRS. VISCONTI moved to table action on this matter pending a report from the Highway Superintendent. Seconded by Mrs. Paino Motion Unanimously Carried The proposed revised Subdivision Regulations as per the State were forwarded to the Town Board by the Planning Board. They requested that the members of the Town Board submit any comments, questions, deletions or additions to the Planning Board so they may then set a Public Hearing on these Regulations. MRS. PAINO tabled recommendations on the Subdivision Regula- tions pending further review by the Town Board and comments will be submitted at the March 17, 1986 meeting. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Donald Crotty, Engineer with the firm of Baldwin & Cornelius, requesting on behalf of his client, Alexander Hartman, consideration by the Board, of extending the water line from Myers Corners Road intersection with Montfort Road and Dogwood Hill Road to his property on Rt. 376. Mrs. Paino has referred this matter to a work shop meeting on March 27, 1986 and requested the Engineer to be present at this meeting. Richard Brescia wrote to the Board requesting to be on the agenda to discuss Lake View Commons, St. Nicholas Road. Mr. Brescia was present on behalf of Bre Del Enterprises Inc. of which he was an officer. He referred to Lake View Commons and noted that he had previously submitted a letter with a map of the location and by-laws addressing concernsthat the Town Board had expressed at a previous workshop meeting. He has had meet- ings also with the Planning Board and the Zoning Board of Appeals and indicated that all are aware of their plans. At this time he was seeking the recommendation of the Town Board on the advisibility of the corporation proceeding with their project. Mrs. Paino explained that presently there is no zoning category for the multi -use area they plan. The information has been forwarded to the Attorney to the Town and Mrs. Paino plans to meet with her on Wednesday to review the by-laws and their request for a zoning for this use. At the work shop the Town Board was receptive to the concept which is geared toward small businessmen and would eliminate the necessity for them conducting their business at home. They will also consider if these by-laws can be enforced. Mr. Brescia added that the advantage is they will not have to go to individuals if there is a problem, they will go to the Association; the individuals purchasing these units will have to accept the rules and regulations, otherwise they will have a problem with the Association. Mrs. Paino noted that she expects a recommendation from the Attorney by the next Town Board Meeting on March 17th, 1986. Mr. Robert Neelen was scheduled to appear before the Board regarding the Heffernan Property on MacFarlane Road, however, Mrs. Paino commented that instead, she has scheduled him for a work shop meeting on March 13th, 1986. Committee Reports --- Mr. McCluskey had no reports for this meeting. Mr. Reis, Election, reported on the mandated change of the district boundaries; District 3 and District 4 will be changed in Ward 3 to add another district without affecting the Ward or Legislative boundaries. The change is mandated by the Census Bureau and must be completed by March 15, 1986. Both he and the Town Clerk met with the Election Commissioners and the boundaries were changed, however, this will not be effective until January 1987. He has been advised by the Commissioners that these changes have been filed in Albany and they may or may not receive confirmation from them before January of 1987. Mr. Farina, Budget and Finance, noted that they will act on resolutions to amend insurance line items later on in the meeting. Mr. Farina, Ordinance Committee ---the Citizens Zoning Advisory Committe meeting was cancelled last week due to the scheduled informational hearing at the airport on Richmor Aviation since the members of the CZAC wished to attend that hearing. This week they will have two meetings, Tuesday and Thursday to catch up. Now that a Zoning Administrator has been appointed, Mr. Farina met with him on the matter of appearance tickets for the court and Mr. Gunderud will meet with the Town Justices to receive the particulars on how to handle these tickets. Mr. Farina also informed Mr. Gunderud of various complaints received regarding unlicensed vehicles on front lawns of property. Mr. Farina, Water and Sewer Committee --the Brinckerhoff Water Company has been turned over to the Attorney who will contact the Fishkill Attorney to discuss the contract between the two Towns relating to water service to the 130 residents in our Town. Complaints have been received from residents in the Oakwood Water District re brown water which Mr. Farina discussed with Camo Pollution Control and the residents. The Supervisor has also had discussions with them and has set up a work shop meeting on March 13, 1986 with Camo and the Oakwood residents in an effort to resolve this problem. He further noted that the brown water is a result of flushing the lines which are done on a weekly basis. June Visconti, Airport Advisory Committee, reported on the public hearing held last Tuesday on Richmor Aviation's proposal to become a fixed base operator at Dutchess County Airport. Residents of the area present at this meeting were definitely opposed to this proposal; they see no advantage to either the Town or the County. It was appreciated that the County arranged this meeting in the evening to enable the residents to voice their opinion of this proposal. Mrs. Visconti recommended that the residents who will be affected by Richmor operating the airport should attend the County Legislature meeting on Monday, March 17th, 1986 at 4 P.M. and they should urge the Legislators to vote against it. MRS. PAINO moved to forward a letter to the Dutchess County b Legislature indicating that the Town Board is opposed to the proposal from Richmor Aviation to take over as a fixed base operator at the Dutchess County Airport and request that they vote against the proposal, and forward a copy of this letter to the County Executive. Seconded by Mr. McCluskey Motion Unanimously Carried Resolutions --- A letter was received from the former Attorney to the Town, Bernard Kessler, regarding a proposed settlement with Brack Construction regarding litigation on a tax certiorari; if the Board agrees with the settlement, a resolution was prepared for their consideration. It was noted that the Town Assessor was in favor of the settlement as presented by Mr. Kessler. RESOLUTION APPROVING COMPROMISE AND SETTLEMENT OF LITIGATION UNDER TOWN LAW SECTION 68 The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, a tax certiorari proceeding has previously been instituted against the Town and its agencies by Brack Construction Corp. challenging the assessments for the years 1981 and following, and WHEREAS, the Town has defended such actions on the basis that the assessments were correct, and WHEREAS, after reviewing the expert appraisal and other information relating to this case, it has been proposed that both parties settle the litigation for all years by agreeing that the assessments for the years 1981/1982, 1982/1983, 1983/1984/, 1984/1985, not be reduced in any manner, but remain as originally assessed; and that the assessments for the years 1985/1986 and 1986/1987 be modified from $375,000.00 to $250,000.00, under terms more fully set forth in the proposed Stipulation of Settlement dated January 15, 1986 attached hereto, and WHEREAS, said proposed settlement is deemed to be just, reasonable and in the best interest of the citizens of the Town of Wappinger, NOW, THEREFORE, BE IT RESOLVED, that the proposed settlement, as set forth in the Stipulation dated January 14, 1986 and the proposed Consent Judgment attached hereto, is hereby accepted and approved, subject to the approval of the Supreme Court, Dutchess County, herein said action is pending, and be it further RESOLVED, that Irene Paino, Town Supervisor, and/or Bernard Kessler, as Attorney to the Town, as the case may be, are hereby designated to apply to the Supreme Court, Dutchess County, for approval of said proposed settlement, and be it further 17 RESOLVED, that upon approval of such settlement by the Supreme Court, Dutchess County, the Town Supervisor, Irene Paino, and/or Bernard Kessler, as Attorney to the Town, as the case may be, are hereby authorized to execute and procure any papers necessary to effectuate said settlement. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Two bids were received for the Highway Overhead Door on Feburary 12, 1986 as follows: Dutchess Overhead Doors, Inc. R & D Hall, Inc. d/b/a Overhead Door Co. of Kingston & Newburgh $ 6,150.00 6,848.00 The bids have been reviewed by the Highway Superintendent and the Engineer and they have recommended that the bid be awarded to Dutchess Overhead Doors, Inc. as low bidder. MR. MCCLUSKEY moved to award the bid for the Highway Overhead Door to Dutchess Overhead Doors, low bidderas recommended by the Highway Superintendent and the Engineer to the Town, total cost $6,150.00 Seconded by Mr. Farina Motion Unanimously Carried The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, Route 9 is a key road providing access to and linking residential and business area of the Town, and WHEREAS, traffic volume and population growth have resulted in an increase in development activity along the road, and WHEREAS, the Town of Wappinger recognizes the importance of preserving the traffic capacity of the road while providing for appropriate uses along the roadway, and WHEREAS, Route 9 in the Town of Wappinger is within the urbanized area of Dutchess County, and WHEREAS, financial assistance for transportation planning is available from New York State Department of Transportation and the Federal Highway Administration through the Poughkeepsie-Dutchess County Transportation Council, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger requests that the Poughkeepsie-Dutchess County Metropolitan Planning Organization develop, in conjunction with an ad hoc advisory committee of officials/residents, a Route 9 corridor plan with recommendations on planning and zoning for area within the corridor. Seconded by: Countilman McCluskey Roll Call Vote: 5 Ayes 0 Nays The Town Board has received a Petition, with the Engineer's Map, Plan and Report, for the Establishment of the Myers Corners II Water District, Pursuant to Article 12 of the Town Law of the State of New York. 1g Mrs. Paino reported that on February 3, 1986, the Town Board, the Engineer to the Town and Camo Pollution Control met with representa- tives from Pizzagalli Construction, their Attorney and Engineer to discuss the creation of a new water district, which they have named Myers Corners II Water District. This would encompass the water booster station which serves as an interconnection between Atlas Water Company and Central Wappinger Water Improvement Area, for the purpose of providing fire emergency water to the IBM buildings on Myers Corners Road and to Atlas Water Company. Mrs. Paino mentioned a few concerns the Town Board has on this proposal ---first, that there would be no expense to the residents of CWWIA; there is a 700' pipe not shown in their presentation to the Board as being part of this new district. At the meeting they were requested to incorporate this 700' line into the district and agreed to do so. If it remained in CWWIA, those users would be responsible if a breakage occurred. Another concern is low water pressure in some areas of CWWIA and the Engineer to the Town has recommended that they do low pressure testing to determine what a large draw will do to those areas. Arrangements will be made by him to set up meters in low pressure points of CWWIA, two readings will be taken, one at 200 gallons per minute, the second at 400 gallons per minute. MRS. PAINO moved to table the request from Pizzagalli Construction to create the Myers Corners II Water District until changes are made in their Petition to incorporate the 700' pipe and reports have been received on the low pressure testing. Seconded by Mr. McCluskey Motion Unanimously Carried The following resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, insufficient funds were appropriated in the 1986 budget for Insurance Premiums and, WHEREAS, after due allowance for outstanding claims, there is an unexpended balance of $190,000.00 in the 1985 budget, BE IT RESOLVED that $175,000.00 of the said unexpended balance be transferred to the A Fund line item #1910.4 Liability Insurance, and that the amount, heretofore, appropriated for such a purpose be and hereby is increased to $269,000.00. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, insufficent funds were appropriated for the payment of insurance in the 1986 budget, and WHEREAS, there are uncommitted Federal Revenue Sharing Funds in the 1986 budget, which will be used to pay a portion of the insurance premium, that portion being $20,132.00, NOW, THEREFORE, BE IT RESOLVED, in compliance with the rules and regulations governing Federal Revenue Funds Expenditures, a public hearing on this expenditure will be held on March 17, 1986, at 7:15 P.M. to hear all interested persons. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on March 3rd, 1986 on a proposed Local Law Providing for an Increase of Salary of the Town Clerk of the Town of Wappinger for the Fiscal Year 1986, the matter was now placed before them for their consideration. MRS. PAINO moved to adopt Local Law #1 of 1986 as follows: A LOCAL LAW PROVIDING FOR AN INCREASE OF SALARY OF THE TOWN CLERK OF THE TOWN OF WAPPINGER FOR THE FISCAL YEAR OF 1986 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF WAPPINGER, NEW YORK, as follows: SECTION I. The salary of the Town Clerk of the Town of Wappinger shall be increased for the fiscal year of 1986, pursuant to the provisions of Section 24 (2h) of the Municipal Home Rule Law, to the following salary of $25,000.00. SECTION II. This Local Law is subject to a Permissive Referendum. SECTION III. This Local Law shall take effect 45 days after adoption and filing, as provided for by Municipal Home Rule Law. Seconded by: Mr. Reis Roll Call Vote: 5 Ayes 0 Nays Unfinished Business --- At the last meeting a request from Mr. Schner from Pizzagalli Development Company for the Town to accept the water booster station, was tabled to a work shop meeting on February 13, 1986. Since there were still concerns on the water pressure, Mrs. Paino recommended that this matter be tabled for further reports on the low pressure testing. New Business --- Mrs. Paino read the following letter from Thomas Classey, Fire Inspector relative to fees being charged for fire inspections. As requested, the following is to inform the Board of our feelings regarding the collection of fees for fire inspections. Since the passing of a fee schedule in January 1985, we have experienced difficulty in the manner in which the fees could be collected. Mr. Kessler the Attorney to the Town, has informed us that the only way to collect these fees, is to bill each establishment after the inspection has taken place. If the fee is not paid, the Town cannot place it on the bill for tax collection. The only manner of collecting unpaid fees is to institute court procedures against the party that has been billed. This would, most likely, result in a heavy work load to those responsible for collection and also to the court calendar. In addition to the problems involved in collection, it appears evident that the question of charging such a fee will be challenged in court action. No other municipality in New York State charges a fee for a fire inspection. In fact, the only location in the country which presently charges a fee is Los Angeles, California, according to information we have received from State Codes Department. In addition to the above, we question whether it is ethical to charge a fee for performing a duty which we are required to perform, by State Law. In answer to the Town Boards question as to our feelings regarding fee charges, the Fire Prevention Bureau would be happy to see the Town Ordinance regarding this matter repealed due to the many problems it presents. I have written the above at the request of the Town of Wappinger Fire Prevention Bureau. s/ Thomas Classey Fire Inspector The following resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that the Fee Schedule for Fire Inspections adopted by the Town Board of the Town of Wappinger on January 21, 1985 is hereby repealed. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays In response to the many phone calls he has received in the last two weeks from residents in three different areas in Ward 3 regarding problem with harassment by a specific group, Mr. Farina contacted the Sheriffs Department and our Vandalism Patrol and asked for increased patrol in these areas. He noted that there was a resident present who wished to address the particular problems in his area and invited him to present his statement to the Board. g/ Charles Cortellino, 11 Russ Place was recognized by the Chair and read the following statement: For the past six years I have been complaining to various Town Board members regarding the activities taking place on Russ Place at the intersection of Wildwood Drive. There was even a workshop session held. I have not noticed any action taken by the Town Board and now the situation is really intolerable. From about 4:00 P.M. to 11:00 P.M. cars zoom down the street at high speed (in spite of Russ Place being a cul-de-sac), circle about, and meet near the corner. They park 2 abreast, and sometimes 3, blocking traffic. They only move with reluctance and after I have gotten out of my car. In the morning, one finds refuse and beer bottles where they park. I once turned in a license plate number and was informed it belonged to a known drug dealer. Since that car still parks there, I presume he is considered a local businessman who must not be discouraged from operating his business. I wonder if the Town will propose him for membership in the Chamber of Commerce? In the meantime, the residents must put up with verbalabuse, and having to play "chicken" with the cars. As no meaningful action has taken place in the past, I do not expect any action to take place now. My reason for appearing before you is so that the record will show you were aware of the problem, and can not claim lack of knowledge. I would appreciate it, if any reporters in the audience would omit my name from any news item they print, as these individuals have been known to take retribution. Thank you. Mrs. Paino countered that it was not true that no action was taken, she worked with Mr. Cortellino and the Dutchess County Sheriff's Department in the past in identifying the "drug dealer" and he disappeared from the scene for a few months after the appearance of the Sheriff's car. Now that he is back the Board will do everything they can to put a stop to these activities. The Sheriff's Department was provided with a copy of our Local Law pertaining to the "Open Containers", however, in the event they no longer have it, another one will be forwarded to them. Discussion followed among other residents of that area who related various incidences of maliciousness to nearby homes and harassment to other drivers. The residents requested the news media to omit their names as might endanger themselves and/or their property. Sandra Goldberg, Wappinger County Legislator, was recognized by the Chair and noted that she, too, had contacted the Sheriff's Office and they had extra patrols in the area, but it didn't seem to work; she felt they needed undercover personnel to view the situation. She recommended that the law enforcement agencies meet with the Town Board and combine their efforts and recom- who did speak they felt it od- mendations to put an end to this problem --a meeting of the minds. Mr. McCluskey noted, in defense of the Sheriff and State Police that we mustprovide the laws for them to work with; not all of them are enforceable, according to the Attorney. It doesn't just involve these agencies talking to the offending group in an effort to stop the gathering and harassment, they need the Town's backing with stringent laws that give them the authority to enforce them in the courts. Mrs. Paino agreed to set up a work shop meeting with the law enforcement agencies and the Town Board and the residents will be notified. When Mr. Farina started this report he stated that he wished to make a resolution to contact the Sheriff's Office. MR. FARINA moved to forward a letter to the Dutchess County Sheriff and advise him of the problems occurring in these areas. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Goldberg had one more item to report ---as promised at the previous meeting she checked into the status of Phase II relating to the designation of the airport balefill as a critical environmental area. It was supposedly completed, however no report as been submitted due to some technical errors and further testing will have to be conducted. A final report should be forthcoming within the next two months. Regarding the letter the Board requested to be sent to the County Legislators regarding their opposition to the Richmor Aviation proposal, she recommended that the Clerk to the Legislature be requested to provide all County Legislators with a copy of this communication. Mrs. Visconti requested to make some comments on the municipal liability insurance problem. She was familiar with the situation since it was her livelihood. She felt the residents should be aware that this problem is not unique in the Town of Wappinger, all municipalities are facing this problem. It is a complex problem ---insurance companies are having problems with their reinsurers since they are foreign companies, laws that govern R3 awards in tort liability. Various organizations in the insurance industry are working to rectify these problems; the situation will not improve unless basic changes are made. A spokesman at the Association of Towns Meeting said they were concentrating on two items, one was to provide insurance to those municipalities who have none and the State Insurance Department is looking at various recommendations including the possibility of offering the equivalent of assigned risk which is used for car insurance. There are people working on this constantly for reforms so they can whip this situation and municipalities will not have to pay such high premiums. There was no other business to come before the Board. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mrs. Visconti and unanimously carried. The meeting adjourned at 9:1 Reg. Bimonthly 3/3/86 E.121.A-61JA[th,.. Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on March 3rd, 1986, at the Town Hall, Mill Street, Wappingers Falls, New York on a proposed Local Law Providing for an Increase of Salary of the Town Clerk of the Town of Wappinger for the Fiscal Year 1986. Supervisor Paino opened the Hearing at 7:20 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: Gerard McCluskey, Councilman 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). Joseph Incoronato, 11 Ronsue Drive, mentioned'that the Town Clerk collects registrar fees estimated between $2,500 and $3,000 a year, so actually her present salary is up there to nearly $30,000. There was an attempt during the last adminis- tration to put a cap on all officials's salaries and actually they should be thinking about this at budget time, not through the back door through special legislation that has never been used before in the Town of Wappinger and he thought it 6.4 never been done in the County, for that matter; he never heard of an interim salary increase being given during the year after the official budget has been approved. The Board should consider this when making their determination on this request; what about the other officials, what are they going to do about them, will special legislation be passed by them, or will they be ignored. He didn't feel that the work load had increased any more for Mrs. Snowden this past year than it did for any other official. He also mentioned that there was some kind of county stipend provided to registrars. This pay would make her the highest paid official in the Town and he requested that the Board give this close consideration before approving it. Mrs. Snowden rebutted that there was no county remuneration and the amount mentioned is far in excess of what is actually realized. A few years ago when the state increased the fees, she did go before the Town Board and made a proposal, anticipating that the revenue might increase since the state had increased the amount allotted for a transcript, however that did not come to fruition and her salary is far from $30,000. The Town Clerk of Poughkeepsie Mrs. Karn, had her salary changed this year by the same legislation; this is not precedented. Kenneth Croshier, Highway Superintendent, noted that during Lou Diehl's administration he was given a substantial increase in pay as Acting Superintendent when he took over for Bill Horton, and Mr. Versace was on the Board at that time. Alberta Roe, Regency Drive, commented that the kind of work Mrs. Snowden does, she has to know everybody's business and if there's anyone in the Town Hall who knows everything, including legal and the whole works, she does. Vincent Farina, in answer to some of Mr. Incoronato's remarks, said they did a salary search from 1967 to 1986, compared the Supervisor's salary, Town Clerk, Comptroller, Town Justices, Assessor, Highway Superintendent, Building Inspector, Zoning Administrator and Receiver of Taxes. When Mrs. Snowden's proposal was submitted they researched these salaries so there would be no back door anyone else can come in. This is a parody increase since several years ago the Town Clerk was making the same as the Assessor, now his salary is $5,600 more than the Town Clerk's salary. She has served this Town for over 20 years, knows the laws and business of this Town like the palm of her hand; experience like that is hard to find. Based on the salary comparisons, adjustment for parody and experience that Mrs. Snowden brings to the job, this proposal speaks for itself. Along the same lines, Mrs. Paino commented that she concurred that the experience Mrs. Snowden brings to the job with her 20 years has to be taken into account, also the fact that the Highway Superintendent and Assessor were given an increase in excess of what she received. In addition, referring to doing anything for elected officials, she pointed out that contrary to Mr. Incoronato's comment that this was never done before, when the previous Supervisor came into office the salary was set at $6,000 and it was increased to $12,000; the previous Town Board also, in one year, increased the Receiver of Taxes salary by $3,000 and the Zoning Administrator's salary by $4,000. She added that Mr. Incoronato was a member of the Town Board that approved these salary increases. She has no intention of increasing any other Town Official's salary in 1986. Mr. Incoronato rebutted that the salary increase for the previous Supervisor from $6,000 to $12,000 did not affect the total budget in that department, that was why they readjusted the salary. On the other hand, Mrs. Snowden's salary increase will have to come from another line item unless her budget was already increase. A final comment from Mrs. Paino reiterated the fact that the Town Clerk did not receive an increase a few years ago as other officials did and her experience on the job warrants this increase. Any transfers made will be according to proper procedures required by Audit and Control. This cannot be compared with doubling the former Supervisor's salary and raising the other two officials in one year. There were no other comments made either for or against the proposed Local Law. MRS. VISCONTI moved to close the Public Hearing, seconded by Mrs. Paino and unanimously carried. The Public Hearing closed at 7:31 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK AFFIDAVIT OF IN THE MATTER POSTING OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW PROVIDING FOR AN INCREASE OF SALARY OF THE TOWN CLERK OF THE TOWN OF WAPPINGER FOR THE FISCAL YEAR 1986 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 February 29, 1986, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Providing for an Increase of Salary of the Town Clerk of the Town of Wappinger, on the signboard 'maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger ,4444_ Sworn to before me this day of L2yze, 1986. ) Notary Public mew itio0 hiutaqf Alb% Milli it NON WO W. (mama o. -D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS , ply 12590 NOTICE IS HEREBY GIVEN that at the . ' Regular Meeting held on March 3rd, 1986, ',,the Town Board of the Town of Wappinger duly adopted a Local Law, an abstract of ' which follows, which Local Law is subject to a permissive referendum, pursuant to At. . - tkte 3 of the Municipal Home Rule Law of .:the State of New York.— • Local Law I1 of 1986 sets the salary of m -this Town Clerk of the Town of Wappinger at 525,000.00 for the fiscal year of 1986. ^4 Complete copies of the Local Law are available for inspection at the Town Hail, `Mill Street, Wappingers Falls, New York. ,;..; , _ Elaino H. Sncwdan :