1985-10-03 SPM
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A Special Meeting of the Town Board of the Town of Wappinger
was held on October 3, 1985 at the Town Hall, Mill Street,
Wappingers Falls, Dutchess County, New York.
Supervisor Versace opened the meeting at 7:02 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
Absent:
Gerard McCluskey, Councilman
This Meeting was called at the Regular Bimonthly Meeting of
September 3, 1985 for the purpose of the Town Clerk presenting
the Tentative Budget for 1986 to the Town Board and for their
consideration of the bid on the Hilltop-Edgehill Drainage
Project.
The Town Clerk informed the Town Board that she had received the
Tentative Budget for 1986 from the Comptroller and had provided
all Board Members with a copy of this Budget, as required by Town Law.
MRS. PAINO moved to accept the Tentative Budget of 1986 presented
by the Town Clerk.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The Bids for the Hilltop-Edgehill Drainage Project had been
addressed at the Special Meeting of September 26, 1985.
A late correspondence was received from the Town Justices
requesting permission for Gloria Morse, Court Clerk, to attend
a Conference from October 6th thru October 9th, 1985. Due to
the time frame, the Board agreed to consider this request and
asked that the letter.be read.
September 6, 1985
Frank Versace, Supervisor
Members of Town Board
Town of Wappinger
Town Hall / 324 Mill Street
Wappingers Falls, New York 12590
RE: NEW YORK STATE MAGISTRATIES COURT CLERKS SIMINAR
Dear Supervisor and Members of the Town Board:
The court is requesting permission for Gloria Morse to
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attend the New York StateAssociation of Magistrat.es
Clerks annual seminar at the Nevele Country Club--in Ellenville,
New York from October 6th through October 9, 1985.
This seminar is of particular importance as there will
be instruction on the Traffic Safety Law Enforcement and
Disposition Program (TSLE&D) that will be initiated in
Dutchess County February of 1986. This program is not
operative in parts of New York State, and will gradually
become statewide.
Very truly yours,
s/ Carl S. Wolfson
Vincent S. Francese
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Thank you for your courtesy and cooperation.
MRS. BALLARD moved to grant permission to Gloria Morse to attend
the Conference at the Nevele Country Club from October 6th through
October 9th, 1985 and her legitimate expenses will be a Town charge.
Seconded by Mrs. Paino
Motion Unanimously Carried
There was no other business to come before the Board.
MR. INCORONATO moved to close the Special Meeting, seconded by
Mr. Versace and unanimously carried.
The Special Meeting closed at 7:06
P.M.
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Town Clerk
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Spl. Mtg. 10/3/85
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AGENDA.
TOWN BOARD
T~~ OF WAPPINGEk
BIMONTHL Y MEETING
OC'fOBER 7, 1985
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1.
SUPERVISOR CALL MEETING TO ORDER
2 . ROLL CALL
PLEDGE ALLEG lANCE TO FLAG
3. ACCEPT' MINUTES: 9/17/85 Reg. 9/26/85 Sp.
4. REPORTS OF OFFICERS:
Town Justices
Bldg. Insp.
Rec. of Taxes (Aug.)
Zng. Adm.
Hydrant Report (Aug. & Sept.)
5. PETITIONS & COMMUNICATIONS
a. La fonda Del Sol - Renewal of Liqour License
b. Notice of Public Hearing - Town of Pou9hk~epsie
c. Samuel M. Chao reI wrecked car on sioe of ,smithtown Rd.
d. N.Y.S.D.O.T. Notice of establishment of 40 mph for total length
of Widmer Rd.
e. ~4rk Schwartz, Program Plng. Analyst, MTA, reI inquiry about leasing
R,R. property in Chelsea Area
f. Edmund Springer, FAA, further answer to inquiry of date for Radar
in Mid Hudson area (Stewart)
g. Leif W. Jensen, Ch. Tri-Municipal Sewer Comm. reI Oakwood Knolls
Sewage Treatment Plant: Waste Water Facilities Plan(dated:9/23/85
Including copy of En\.:lineers revipw
h. Rob't Butts, Attny, representing L. Piazza & R.K. Geissler, request
rezoning of parcel at intersection of Osborne and Rte 9.
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6. COMHITTEE REPORTS
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7. RESOLlJ'l'IONS
a. Consider Moratorium Ordinance
b. Consider endorsement of County Plng. Bd. "Directions: The Plan for
Dutchess County"
c. Ordinance for "No Tresspassing" Recreation Areas
d. Res. for agreement between Town and County. for snow & Ice Control
on certain County Rds. '85-'86 season
e. Comptroller request for Transfers:
1. to bldg/zng contractual
2. To Ardmore water Dist. Contractual
3. To Traffic Control for Highway Signs
4. To N.Y. S. Retirement
f. Memo from Compt. reI refund request from Mr. Santis
g. Request by Comtp. to reimburse Mr. Broadie for 0 & M payment (Fltwd)
h. Transfer request for remainder of Court Senographer professional
Services
8. UNFINISHED BUSINESS
,a. Schultz - Sewer problem - request for reimbursement
9.
NEW BUSINESS
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ADJOURNMENT
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The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on October 7, 1985 at the Town Hall, Mill Street,
Wappingers Falls, Dutchess County, New York.
Supervisor Versace opened the Meeting at 8:02 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Gerard McCluskey, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
'Bernard Kessler, Attorney
Ronald Evangelista, Engineer
Kenneth Croshier, Highway Superintendent
The Meeting started with the Pledge of Allegiance to the Flag.
The Minutes of the Regular Bimonthly Meeting of September 17, 1985,
and the Special Meeting of September 26, 1985, having previously been
forwarded to all Board Members, were now placed before them for their
consideration.
MRS. PAINO moved that the Minutes of the Regular Bimonthly Meeting of
September 17, 1985 be and they are hereby approved as submitted by the
Town Clerk, and the Minutes of the Special Meeting of September 26,
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1985 be tabled for review by the Board Members.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Reports were received from the Town Justices for the month of
September, and the Hydrant Reports for the months of August and
September.
MRS. PAINO moved to accept the above stated Reports and place them
on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Notifications were received from La Fonda Del Sol and from the
Wappinger Lodge of Elks of their intent to apply for liquor licenses.
It is now required that these notifications be forwarded to the
clerk of the municipality for comments from the governing bodies
either for or against the issuance of these licenses.
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MR. MCCLUSKEY moved to receive these notifications and place them
on file with no comments.
Seconded by Mrs. Paino
Motion Unanimously Carried
Notice was received from the Town of poughkeepsie regarding a
Code of Ordinances to be held on October 23, 1985.
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public hearing on an Amendment to the Zoning Ordinance and the
MRS. PAINO moved to receive this Notice of Public Hearing from the
Town of poughkeepsie and place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mr. Samuel Chao, Smithtown Road, wrote to the Board concerning a
wrecked automobile left at his daughter's property adjoining his
home. He requested removal of this car by the Town since he felt
it would invite further illegal dumping on that property.
Mr. Versace reported that the Zoning Enforcement Officer, Eugene
Joyce has contacted Deputy Sheriff Carl Amburgey and he will arrange
to have the vehicle removed.
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MRS. BALLARD moved to receive this correspondence and place it on
file.
Seconded by Mrs. Paino
Motion Unanimously Carried
A letter was received from the New York State Department of
Transportation indicating that they have approved the extension
of the existing 40MPH speed limit on Widmer Road the entire length
of the road. from New Hackensack Road to All Angels Hill Road.
MRS. PAINO moved to receive this correspondence and place it on
file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
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A response was received from Mark Schwartz, Program Planning
Analyst with the Metropolitan Transportation Authority relating
to our request to lease a portion of their property to provide
additional parking facilities for boat trailers in the Chelsea
area. Mr. Schwartz indicated that the MTA is reviewing this
request and will advise the Board of their determination at a
later date.
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MRS. PAINO moved to receive this correspondence and place it on
file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
In response to our request to the Federal Aviation Administration
to install radar at the Stewart Airport as expeditiously as possible,
Mr. Edmund Spring, Manager of the Air Traffic Division, replied that
the projected date of 1987 is the earliest possible date that the
new radar will be available. He indicated that the Agency is
investigating other interim steps they could take to educate the
users including a cautionary note on the approach plates.
MRS. PAINO moved to receive the correspondence from the F.A.A. and
place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
At the September 26th, 1985 informational meeting on the proposed
Wappinger Sewer Improvement Area #2, the Town Board received corres-
pondence from Leif Jensen, Chairman of the Tri-Municipal Commission
which included a Review of the Oakwood Knolls Sewage Treatment Plant
Wastewater Facilities Plan, prepared by Morris & Andros for the
Town of Wappinger, pertaining to those items that directly relate
to the Tri-Municipal Commission, prepared by Hayward and Pakan
Associates. This correspondence was placed before the Board for
their consideration.
MRS. PAINO moved to receive the correspondence from Mr. Jensen and
place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
In conjunction with this correspondence, Mrs. Paino moved to authorize
the Tri-Municipal Commission to prepare a plan, map and report, in
accordance with Municipal Law, relating to projected costs of tying
the Oakwood Knolls Sewer Treatment Plant into the Tri-Municipal
Project, at a cost not to exceed $5,000.00; the motion was seconded
by Mr. McCluskey.
Before the vote was taken on this motion, Mr. Incoronato recalled
a referendum, about four years ago, relating to the Town participating
in the Tri-Municipal Project, which could affect the motion on the
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floor. Mr. Kessler referred to Local Law #6 of 1981 which called
for a mandatory referendum for the people of the Town of Wappinger
to vote on the following proposition: Should Local Law No. 6 of
1981 which prohibits individual Town Board Members from granting
approval to further participation of the Town in Tri-Municipal be
approved"? The proposition was approved by approximately 3,000
in favor, 1,500 against. For further clarification, Mr. Kessler
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quoted Section 1 of the Local Law---"Each and every member of the
Town Board of the Town of Wappinger shall, upon the effective date
of this local law, be prohibited from casting a favorable vote or
a vote which would approve or permit continuation of the Town of
Wappinger as a member of the Tri-Municipal Commission, or to do
or undertake any act which would cause the introduction before the
town board in its legi~~ive capacity of any resolution, local law,
ordinance or other matter requiring a vote thereon if the subject
matter thereof relates to any act to further the objectives or
purposes or activities of the Tri-Municipal Commission". In answer
to Mrs. paino's question on how the Town Board can seek a second
that the Board would have to pass another local law either superceding,
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opinion on the cost of tying into Tri-Municipal, the Attorney replied
modifying or amending the existing Local Law, and the same procedure
would be followed---the people of the Town would have to vote on a
proposition giving the power back to the Town Board to negotiate
with the Tri-Municipal Commission. The Town Board has authorized
one engineering company to present a proposal for this project,
why can't they authorize another company to do the same, Mrs. Paino
asked. Mr. Kessler replied that there is nothing in the existing
Local Law that prohibits the Town from going to any engineer for
this information, the present law states that they cannot deal with
Tri-Municipal directly, that is the distinction.
After a lengthy
to withdraw his second to the motion in view of the Attorney's
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discussion on the matter, Mr. McCluskey stated that he would have
opinion that the existing law prohibits the Town Board from partici-
pating in the Tri-Municipal project, however, what was most important
to him was the cost comparison between the study made by Morris &
Andros and the figures presented at the meeting by representatives
of Tri-Municipal. He would like to know which of the costs presented
was the most accurate and to do this, they would need another opinion.
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It appeared to him that a work shop session was necessary at this
point to gather further information from the parties involved in
order for the Board to determine which avenue they would pursue.
MR. INCORONATO moved to schedule a work shop meeting with the
representatives of Morris and Andros and the Tri-Municipal Com-
mission for further discussion on costs involved to tie the
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Oakwood Knolls Sewer Treatment Plant into the Tri-Municipal Project.
Seconded by Mrs. Paino
Motion Unanimously Carried
A letter was received from Robert Butts,Attorney representing
Lawrence Piazza and Rudolph Geissler, requesting the rezoning of
a parcel at the intersection of Osborne Hill Road and Route 9.
Mr. Butts was present and explained that his clients were petitioning
the Board to rezone that portion of the parcel currently zoned R-20
to HB-2A which would result in the entire parcel being zoned HB-2Ai
the purpose of rezoning is to develop a Lloyd Home and Building
Center. An application for site plan approval was submitted to the
Planning Board along with the long form environmental assessment
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showing the proposed development including location map. Mr. Butts
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requested the Board to refer this rezoning requests to the proper
agencies and consider a public hearing on this matter.
Mr. Versace explained that the usual procedure for a rezoning request
is to refer it to a work shop meeting so the Board Members can
obtain all information on the parcel being rezoned and determine
the use they intend to use it fori after discussing the matter with
the applicants, the Board will then consider going to a public
hearing. He informed Mr. Butts that he would be notified when they
set the date of the work shop meeting.
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Mr. Versace recognized Sandra Goldberg, Wappinger County Legislator
who usually gives a report to the residents regarding County activities
of interest to the Town. Tonight, however, she was just visiting as
a resident, not a legislator, and she did not have any reports to
offer.
Committee Reports---
Mrs. Ballard had no reports for this meeting.
Mrs. Paino reported that she had attended the Dial-A-Ride Program
meeting several weeks ago and at that time they indicated that usage
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of these services has increased by 29.75% over 1985. In view of
this fact they are asking the Town Board to consider a 2% increase
to the Program in the 1986 budget which will provide an additional
van for the senior citizens and the handicapped. This will be an
item to consider at the time the Board holds their work shop meetings
on the budget.
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Mrs. Paino, Fall Pickup---reported that notification has been sent to
the newspapers informing the residents on the east side of Route 9
that all items they wish to dispose of should be curbside by Sunday
night, October 20th, and the residents on the west side of Route 9
should put their items out by Sunday, November 3rd. Metal items
should be separate and no leaves, brush, tires or kitchen rubbish
will be picked up during the Town Fall pickup.
Mr. Incoronato noted that about three years ago, at the request of
a Chelsea resident, the Town petitioned the Dutchess County Department
of Public Works and the New York State Department of Transportation to
lower the speed limit on River Road North from 55 MPH to 35 MPH; this
request was denied, however it was lowered to 45 MPH. During the
last year new subdivisions have been built adding about forty homes
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to the area and in his opinion, this increase in population and the
nature of the road warranted a reevaluation for a lower speed limit
of 35 MPH.
MR. INCORONATO moved to petition the Dutchess County Department of
Public Works and the New York State Department of Transportation for
a speed limit reduction from 45 MPH to 35 MPH on River Road North in
the Chelsea Hamlet of the Town.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mr. McCluskey addressed the road problems that have occurred in
the Village due to their water pipe installation project. All along
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East Main Street from Route 9 to Route 9D and Mesier Avenue North and
South have been affected by this construction and remain in bad
condition, particularly in front of the Postoffice on Route 9D.
MR. MCCLUSKEY moved to send a letter to the Village Board expressing
concern for the safety and property of the residents as a result of
this project.
Seconded by Mrs. Paino
Motion Unanimously Carried
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A Public Hearing having been held by the Town Board on August 29, 1985
on an Ordinance Introducing a Moratorium on Certain Construction in the
Town of Wappinger, the matter was now placed before the Board for their
consideration.
The following Ordinance was offered by COUNCILMAN INCORONATO who
moved its adoption:
AN ORDINANCE FOR A MORATORIUM ON CONSTRUCTION
FOR RESIDENTIAL BUILDINGS ON LANDS EXCEEDING
TWO LOTS
BE IT RESOLVED AND ORDAINED , as follows:
Section 1: The Town Board of the Town of Wappinger, in
order to consider, generate and adopt an amendment to the
comprehensive master plan and zoning ordinance and map; to
provide for the orderly improvement, development and growth
of the entire area of the Town of Wappinger; to afford adequate
facilities for the purposes, uses, transportation, distribution,
comfort, convenience, public health, safety and general welfare
of its population; for effective water and sewer resources,
governmental services and environmental effects and in order to
provide for an orderly transition within the time necessary to
accomplish same and to prevent development inconsistent with
the proposed amendment to the comprehensive master plan and to
provide for a moratorium for six (6) months in order to accomplish
same, in the interest of promoting proper government and to insure
proper protection, orderly conduct, safety, health, welfare and
well-being of the population within the Town of Wappinger, finds
it in the best interest to enact this ordinance.
Section 2:
General provisions
No person, corporation, firm or entity shall conduct or
establish any residential use of real property, or construct
residential buildings on land exceeding three (3) lots anywhere
within the Town of Wappinger for a term of six (6) months from
the effective date of this ordinance.
Any person desiring a variance must submit two copies of his
layout or plot plan showing actual dimensions of the plot to be
built upon, the setbacks and area of the building and accessory
buildings to be erected and all evidences of applications in
conformity with other municipal authorities' requests and in
conformity with all applicable rules, regulations and laws.
Section 3: The Town Board, at the next meeting, shall deem
whether or not such application for a variance is compatible with
the master plan or the proposed amendment to said plan of the
Town of Wappinger as it then exits.
If the Town Board deems that such variance is compatible, it
shall forward such application for variance and all supporting
documents to the Zoning Board of Appeals. Said Board, at its next
meeting or a special meeting, shall consider the variance and give
its recommendations with respect to the variance. After the
Zoning Board of Appeals reaches a final decision, it will make
recommendations to the Town Board at the next regular meeting so
that the Town Board can take necessary action.
Section 4:
Exceptions
Lawful use of any premises existing on the effective date of
this ordinance may be conducted, provided however, such non-
conforming use shall not be enlarged and the premises shall not
be altered unless a variance is granted under the ordinance.
Section 5:
Enforcement
This ordinance shall be enforced by the Zoning Administrator.
It shall be the duty of the zoning Administrator to advise the
Board of all matters pertianing to the enforcement of this ordinance
and to keep all records necessary and appropriate to same.
Section 6:
Separability
Should any section or provision be deemed invalid, such
decision shall not affect the validity of the remaining provisions
of this ordinance.
Section 7:
Violations
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Any persons violating any provisions of this ordinance shall
be guilty of an offense, and upon conviction thereof, be punished
by a fine not exceeding $250.00 or imprisonment not to exceed
ninety (90) days. For the purpose of conferring jurisdiction
upon the Court, violations of this ordinance shall be deemed a
misdemeanor, and for such purposes the laws relating to misdemeanors
shall apply to such violations for procedural matters. Every week's
continued violations after notice shall constitute a separate
additional violation. All other interested persons, in addition
to other remedies, may institute any appropriate action or proceeding
with respect to violation of this ordinance, as provided in Section
268 of the Town Law.
Section 8:
Effective Date
This ordinance shall become effective upon posting and
publication by the Clerk of the Town of Wappinger.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
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At the informational meeting on the Moratorium one of the residents
asked if the Ordinance would affect developments that had already
received preliminary approval and the Attorney replied that it would
not because they had "vested interest" in the project. Mr. McCluskey
asked the Attorney to clarify this language. Mr. Kessler responded
that at the September 18, 1985 meeting he replied to the resident
and others present "wherever there is vested interest in land mean-
ing they had maps drawn up or employed services of an engineer for
preliminary work or had partial construction on property, etc. that
is what this term means; the Ordinance cannot be made retroactive
to affect those developments that have preliminary approval.
The following resolution was offered by COUNCILWOMAN PAINO, who
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moved its adoption:
A RESOLUTION ENDORSING THE GOALS AND POLICIES OF
DIRECTIONS: THE PLAN FOR DUTCHESS COUNTY
WHEREAS, Dutchess County is experiencing rapid growth, and
WHEREAS, the Dutchess County Planning Board is authorized in
the County Charter to prepare and maintain a master plan for
coordinated development throughout the County; and
WHEREAS, intermunicipal cooperation and coordination is
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essential in fostering wise land use management; and
WHEREAS, wise land use management promotes a strong local tax
and provides for an efficient delivery of community services; and
WHEREAS, the Dutchess County Department of Planning has
developed policies and supporting material concerning wise land
use management and community development in Dutchess County; and
WHEREAS, the Dutchess County Planning Board submitted the
plan for widespread public review and comment; and
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WHEREAS, the Dutchess County Planning Board has considered
the comments and revised the policies, collectively entitled
Directions: The Plan for Dutchess County; and
WHEREAS, Directions: The Plan for Dutchess County has been
adopted as an interim plan for Dutchess County; and
WHEREAS, final adoption of the Dutchess County Plan will
occur after endorsements have been solicited from all local
governments and subsequent revisions have been considered; now
therefore be it
RESOLVED that the Town of Wappinger endorses the goals and
policies established in Directions; The Plan for Dutchess County;
and be it further
RESOLVED that the Town shall take into consideration the
policies and goals of the county plan as it prepares, amends,
and adopts plans and land use control measures.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
~ The following Ordinance was introduced by SUPERVISOR VERSACE:
BE IT RESOLVED AND ORDAINED as follows:
Section I: That this ordinance shall supersede prior
ordinances regulating the use of park lands in the Town of
Wappinger.
Section 2: This ordinance shall apply to all park lands
within the confines of the Town of Wappinger, Dutchess County,
New York, exclusive of those lands lying within the corporate
limits of the Village of Wappingers Falls.
Section 3: It shall be unlawful for anyone to ride, push,
pull or operate a motor vehicle, a motorcycle, motor bike, a
snowmobile, or any other type of vehicle mechanically driven
within any park lands in the Town of Wappinger, except on
highways, roadways or streets or in parking areas designated
for the use of such vehicles within such park lands.
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Section 4: It shall be unlawful for anyone to ride, push,
pull or operate a motor vehicle, a motorcycle, motor bike, a
snowmobile, or any other type of vehicle mechanically driven
within any area of a park unless that person who is operating
or in charge of the said mechanieal device is duly licensed
by the State of New York or the State of his/her residence.
Section 5: It shall be illegal and unlawful for any person
to use, enter upon or occupy any park lands within the Town of
Wappinger, Dutchess County, New York, except strictly during the
hours established for its use by the Town of Wappinger Recreation
Commission. Until thehours are changed by the said Commission,
the legal hours for the parks shall be as follows: the park
lands shall be open one hour before sunrise and shall be closed
one hour after sunset.
Section 6: The Town Board of the Town of Wappinger hereby
delegates to the said Town of Wappinger Recreation Commission
hereafter the duty of establishing the hours for the use by persons
of each of the parks or portions thereof within the Town of
wappinger. In the event any change of the park hours shall be
made, such hours of opening and closing shall be posted in the
Town Clerk's Office of the Town of Wappinger and at such other
places as the Town Board may direct. However, regardless of the
posting of signs at the parks themselves it shall be deemed that
any user thereof is charged with knowledge concerning the hours
that the park shall remain open and the hours when the same is
closed. In the event any person violates the hours of such park
opening and closing as posted at the Town Hall, such person for
the purposes of this ordinance shall be deemed guilty of a
trespass upon said park lands in violation of this ordinance.
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Section 7: In the event the Town of wappinger Recreation
Commission modifies the hours herein, such modified schedule
shall be filed with the Town Clerk within ten (10) days after
its adoption or amendment and the Town Clerk shall post such
new hours.
Section 8: Any person violating the provisions of this
ordinance shall be guilty of a violation of the Penal Law of
the State of New York.
Section 9: This ordinance shall take effect immediately
upon adoption, posting and publication, as provided by Town Law.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
MR. VERSACE moved to set a Public Hearing on this Ordinance
Amending the Ordinance Regulating the Use of Park Lands, on
October 21, 1985 at 7:50 P.M. at the Town Hall, Mill Street,
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Wappingers Falls, New York, to hear all interested persons.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The Annual Resolution for County Highway Snow and Ice Control
Work - 1985/1986 Winter Season was placed before the Board for
their consideration.
The following Resolution was offered by SUPERVISOR VERSACE who
moved its adoption:
WHEREAS, the Town Superintendent of Highways has been
requested to remove snow from County roads, and to sand or
otherwise treat them for the purpose of removing the danger
of ice and snow, by the Commissioner of Public Works of Dutchess
County, in accordance with Article 6, Section 135-a of the
Highway Law, now therefore be it
RESOLVED, that the Town Superintendent be and is herein
authorized to perform such work as is found necessary, at the
hourly rate as fixed by the State Commissioner of Transportation
for the renting and hiring of such equipment, for the Winter
Season 1985-1986.
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Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by COUNCILWOMAN BALLARD
who moved its adoption:
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WHEREAS, insufficient funds were available in the building
department and zoning department, contractual expenses, and
WHEREAS, the Building Inspector and the Zoning Administrator
have indicated the need for more funds,
BE IT RESOLVED, that the sum of $100.00 be and is hereby
transferred from B1990.4 to B3620.4 and from B1990.4 to B8015.4.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by COUNCILMAN INCORONATO
who moved its adoption:
WHEREAS, there is insufficient funds in administration)
contractual expenses for Ardmore Water District, and
WHEREAS, O.C.I.S. has not submitted all bills for this year,
BE IT RESOLVED, the sum of $255.00 be and is hereby transferred
from SW1990.4 Contingency to SW8310.4.
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by COUNCILMAN MCCLUSKEY
who moved its adoption:
WHEREAS, the Town has approved an inordinate amount of signs
this year, and
WHEREAS, insufficient funds are budgeted in that line item,
BE IT RESOLVED, the sum of $1,500.00 be and is hereby
transferred from A1990.4 Contingency to A3310.4 Traffic Control.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by COUNCILWOMAN PAINO
who moved its adoption:
WHEREAS, New York State Retirement increased more than
anticipated and,
WHEREAS, there is a minus balance in that line item.
BE IT RESOLVED, that the sum of $924.00 be and is hereby
transferred from A1990.4 Contingency, to A9010.8 State Retirement.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
At the last meeting a request was received from Hank Santis of
precision Contracting, for refund of $740.00 which represents
building permits and water and sewer hookup fees for Lot #8 and
#9 of Cedar Creek Estates. The Comptroller sent a memo to the
Town Board indicating that there was an outstanding amount of
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$10.36 for water and sewer bills and she requested the Board to
consider whether these charges which are overdue should be collected
from Mr. Santis or deleted. She also noted in this memo, that the
property has since been sold and water and sewer hookup fees were
collected from the new owner.
Mr. Incoronato noted that additional information had been received
from Mr. Santis indicating that the approvals incorrectly stated
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the side lot requirements and were not suitable for his purpose;
He was able to negotiate with the previous owner and sold the lots
back to him. It was his opinion that the charge of $10.36 could
be refunded to Mr. Santis and subsequently be charged to the new
owner. The refund of water and sewer hookup fees would be at the
discretion of the Town Board, however there was a legal question on
reimbursement of the building permit fees. When the matter was
referred to the Attorney he stated that the Town could not collect
twice on building permits for the same lots and it was determined
that the new owner (who was also the original owner) has paid the
fee for building permits on Lot #8 and #9.
of precision Contracting, which represents building permit fees and
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MR. INCORONATO moved to refund the sum of $740.00 to Hank Santis
water and sewer hookup charges for Lot #8 and Lot #9, Cedar Creek
Estates, and further moved to delete the amount of $10.36 charged
against Lot #8 for water and sewer usage.
Seconded by Mrs. Paino
Motion Unanimously Carried
The following resolution was offered by COUNCILWOMAN PAINO who
moved its adoption:
WHEREAS, it has been discovered that Mr. Eugene Broadie,
2 Fleetwood Drive, Wappingers Falls, has never been hooked into
the Fleetwood Sewer System, and
WHEREAS, since he took residence he has been billed for
water and sewer,
BE IT RESOLVED, that the billing for Quarter 3, 1985, Service
Period 4/1/85 to 6/30/85, total amount $47.00 be and is hereby
refunded from Fleetwood Sewer.
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Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by COUNCILMAN INCORONATO
who moved its adoption:
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WHEREAS, the town had requested the professional services
of a Court Reporter for the Wappinger Sewer Improvement #2
Town Board Hearing, and
WHEREAS, no funds had been allocated for this purpose,
BE IT RESOLVED, that the amount of $179.75 be and is hereby
transferred from Contingency A1990.4 to Town Board Contractual
AIOIO.4.
Seconded by: Councilman McCluskey
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Roll Call Vote: 5 Ayes 0 Nays
Unfinished Business---
At the last meeting the Town Board approved reimbursement of the
sum of $262.00 for some of the expenses he incurred due to a sewer
backup in May of 1985. The Board also indicated at that meeting
that they would consider the original bill submitted for backhoe
and excavating charges, at the next meeting. Since then a notice
has been received from our insurance company declining payment of
his claim after they had conducted an investigation and determined
that the problem he suffered was not due to any negligent action
of the Town, but rather due to incorrect installation of his lateral.
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In view of this fact the Board declined to give any further considera-
tion to the original bill submitted by Mr. Schultz.
MRS. BALLARD moved to receive this correspondence and place it on
file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mr. McCluskey referred to a drainage problem on New Hackensack Road
that he and Mr. Evangelista had inspected. Since then the recent
hurricane knocked over the tree in the middle of the drainage ditch;
Mr. Crosher has taken care of that problem. His question to the
Engineer was has he looked into this situation as far as methods to
alleviate this problem.
[
Mr. Evangelista replied that he intends to update the drainage
problems that have arisen since his last report. He would also
give an update on the potential flooding problem at the rear of
the Nolan property on New Hackensack Road.
There was no other business to come before the Board.
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MR. INCORONATO moved to adjourn the meeting, seconded by Mr.
McCluskey and unanimously carried.
The meeting adjourned at 9:15 P.M.
Reg. Bimonthly Mtg. 10/7/85
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Elaine H. Snowden
Town Clerk
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