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1985-03-04 RGM AGENDA TCMN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING MARCH 4, 1985 - - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2 . ROLL CALL 3. ACCEPT MINUTES Reg. Feb. 4, 1985 Special Feb. 21, 1985 4. REPORTS OF OFFICERS: Town Justices BYag. lnsp. Historian annual Report Receiver of Taxes Hydrant 5. PETITIONS & COMMUNICATIONS a. James Klein re: request approval of revision of several lots for Kendell Farms Subd. b. Thos. Halley, Attny, rep. Mr. & Mrs. Laks rezoning request c. James Farrell re: Sewer Service capital Assessment d. Palph Ferrusi re: Sewer Serf,ice capital Assessment e. Margaret Doty, Twn Clerk, Red Hook re: Alternate to Veterans Tax Exemption f. K. Duxbury, Ch. CAC, recommendation for Ex Officio Member g. Resignation of Richard Conte from Fire Prevention Bureau h. Corr. from N.Y.S.D.O.T.: Speed limit reductions (three areas) i. Deeds for Road widening purposes - Spook Hill- from Corbrew and Lange - for acceptance by Town j. Recreation Comm. Members request attendance at Day Seminar at West Point k. Request from Village to use 3 Voting Machines March 19th r 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Request N.Y.S. Legislators for legislation limiting Tort Liabili b. Appropriate payment to Morris & Andros for Special Drainage projects from Downstream drainage Fund c. Resolution instructing H. Supt. to obtain and install "No Left Turn" sign at 7-11 store-Old Hopewell (& Rte 9) d. Authorize Town to seek bids for sale of present Town Hall Bldg. e. Authorize solicitation of bids for Telephone System for new Town 11 8. UNFINISHED BUSINESS a. Board of Elections: Completion of Ward 4 - Dist. 3 separation b. R. Evangelista - Engineering costs for Drainage improvement Phase 5 - Edgehill, Hilltop, and Pye Lane c. T. Classey, Fire. Insp. reco~mendation for Amendment to LL#3-'83 d. Town of Fishkill submittal of member to Cablevision Committee e. Letter of Credit - Buyakowski - for Woodcrest Subd. f. Wm. MacGeorge request tp become tenant to Watchill Water Dist. 9. NEW BUSINESS I \..ul 10. ADJOURNMENT L L l sc; The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on March 4th, 1985 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the Meeting at 8:08 P.M. Present: Others Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk 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 February., 1985 and the Special Meeting of February 21, 1985, having previously been forwarded to all Board Members, were now placed before them for their consideration. MRS. PAINO moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Ballard noted that at the Special Meeting the Board discussed Mrs. Farnsworth's resignation but failed to take any action on it. MRS. BALLARD moved to accept Mrs. Farnsworth's resignation as the Zoning Administrator of the Town, with thanks and place it on file. Seconded by Mrs. Paino Motion UnanimoU3 ly Carried Mrs. Ballard brought another subject to the attention of the Board---at the January 21, 1985 Meeting during the discussion on the appointment of a Zoning Board of Appeals Member to fill the vacancy created by the expiration of Mr. Urciuoli's term, the Board did not request the Town Clerk to send him a letter of thanks for his services to the Town. MRS. BALLARD moved to request the Town Clerk to send Mr. Urciuoli a letter of thanks for his years of service on the Zoning Board of Appeals. Seconded by Mrs. Paino Unanimously Carried ~tJ c2 Reports for the month of January were received from the Town Justices, Receiver of Taxes and the Hydrant Report, also the Annual Report from the Historian. MR. MCCLUSKEY moved to accept these Reports and place them on file. Motion Unanimously Carried I Seconded by Mrs. Ballard Mr. James Klein forwarded a letter to the Town Board requesting approval on the revision of several lots within the Kendell Farms Subdivision. Ronald Evangelista, Assistant Engineer to the Town, wrote to the Board regarding this revision indicating that his office had reviewed the amended deed description for the Conser- vation at Kendell Farms Subdivision which include a total of 54.264 acres and found them to be correct. Mr. Versace commented that the Board had held a work shop session with Mr. Klein concerning the amended boundaries and since the deeds were acceptable to the Engineer it was his opinion that the next step would be to set a public hearing on these changes. II MR. VERSACE moved to direct the Attorney to prepare the necessary resolution to set a public hearing and submit them to the Town Board prior to the March 18th, 1985 meeting. Seconded by Mrs. Paino. Motion Unanimously Carried A request from Attorney Thomas Halley, representing Mr. & Mrs. Tenno Laks, Myers Corners Road, in regard to rezoning their property was discussed at a work shop session. When the Laks informed the Board that they intended to use the land for Medical Office Buildings they were referred to the Zoning Board of Appeals for a Special Use Permit. They then withdrew their rezoning request. II MRS. PAINO moved to receive this communication and place it on file. Seconded by Mrs. Ballard Motion Unanimously Carried Items 5c and 5d, letters from James Farrell and Ralph Ferrusi respectively, were in reference to the unavailibility of sewer lines to their homes on Old Hopewell Road and both home owners L L l 0/, were requesting reimbursement of the assessment fees they have paid over the years since they were not receiving the service. MR. VERSACE moved to direct Mr. Evangelista to notify Mr. Andros to include in his study of Wappinger Sewer Improvement #1, provision for sewer line connection from the area of Eck Road westerly of the present lines for WSI#I, in order to service these two homes with Town sewer facilities and further moved to request the Town Clerk to send letters to Mr. Farrell and Mr. Ferrusi indicating that these monies cannot be refunded pursuant to State Law which requires that all homes within a district must pay an assessment, however, the Town could consider lowering their assessment to one-third of the total amount now being paid until such time when they are provided with these facilities, and also inform these homeowners that the Engineer to the Town has been directed to conduct a study to provide a sewer line connection to their homes. Seconded by Mr. Incoronato Motion Unanimously Carried At the last meeting the Town Board approved a resolution relating to Veterans Income Tax Credit to replace provisions for Real Property Tax Exemptions. The Board requested that this reso- lution be forwarded to all Supervisors and Mayors of Dutchess County (as outlined in the resolution). A communication was received from the Town Clerk of Red Hook which was identical to what we had sent them two weeks ago. MR. VERSACE moved to rece i ve the Memo from the Town 0 f Red Hook and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried A Memo was received from Kenneth Duxbury, Chairman of the Conservation Advisory Council recommending the appointment of Mr. Edward Hawksley, former Chairman of the Council, as an ex-officio member of the Conservation Advisory Council. MR. INCORONATO moved that Edward Hawksley be appointed as an ex-officio member of the Conservation Advisory Council, as recommended by Mr. Duxbury. &~ ~ Seconded by Mrs. Paino Motion Unanimously Carried ~esignation was received from Richard Conte from his position as a member of the Town Fire Prevention Bureau due to his inability to attend the required meetings. MR. MCCLUSKEY moved to accept Mr. Conte's resignation and place it on file, also send a letter of thanks to Mr. Conte. - Seconded by Mrs. Paino Motion Unanimously Carried Several communications were received from the New York State Department of Transportation regarding the approval of a 30 MPH in the Hughsonville Area, 40 MPH in the North East Area of Wappinger including Maloney Road, Smith Crossing Road I .... -I' . } t _:. and Diddell Road and 45 MPH on Route 9D at Ketchamtown Road to the Town line. MR. INCORONATO moved to receive this correspondence and place it on file and requested the Highway Superintendent to install the proper signs if h~~ot already done so. II Seconded by Mr. McCluskey Motion Unanimously Carried Correspondence was received from both the Attorney and the Engineer regarding submission of maps and deed descriptions from Corbrew and Lange for road widening purposes on Spook Hill Road. Both officers found these documents to be in order and recommended acceptance by the Town Board. MR. VERSACE moved to approve and accept the deeds as presented, upon recommendation of the Attorney and the Engineer to the Town. Seconded by Mrs.paino Motion Unanimously Carried II A request was received from Recreation Commission Members, Hugh J. Maurer, Frank Presti, William Wood and Director Robert Blose to attend a one day Seminar at West Point on March 14, 1985. MR. VERSACE moved to grant permission to the Recreation Members L ,\ L l 03, to attend the one day Seminar at West Point on March 14, 1985 at the expense of the Town. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Versace and Mrs. Paino noted that the purpose of the Seminar was to provide an in-depth discussion on athletic field maintenance concerning the latest information about fertilizing, irrigation, thatching, aerifying, pest control and correcting drainage problems, all subjects of interest to the Recreation Commission and should prove to be very beneficial to them. A verbal request was received from Leo Lowney, Village Clerk, for permission to use 3 of the Town Voting Machines for their March 19, 1985 Village Election. MR. MCCLUSKEY moved to grant permission to the Village Clerk to use 3 Town Voting Machines for their Election. Seconded by Mrs. Paino Motion Unanimously Carried Prior to going on with Committee Reports, Mr. Versace recognized Sandra Goldberg, Wappinger County Legislator and asked her to report on County activities of interest to our Town. Some of the items Mrs. Goldberg spoke on included County approval of a lease on a building on Market and Church Street, in Poughkeepsie for the Social Service Department: a lengthy report on the issue of the PASNY 345 Power Line 'andtheJcourtbattlte thilt was initiated by municipalities and the PROTECT organization: a County study revealed the need of a traffic light at the intersection of Jackson Road and Vassar Road (very frequently used by Town of Wappinger residents traveling to Poughkeepsie) and a signal light at Jackson Road and New Hackensack Road. At this time Mr. McCluskey commented that there were two speed limits in the area of Jackson Road and New Hackensack Road and Jackson Road and Vassar Road which he felt was not well planned, it should be more consistent. He also noted, while discussing this area, that the dumping activity was still going on --- there was nothing to stop people from enter- the property in the early hours and getting rid of their junk. 01./ o He asked Mrs. Goldberg to check on the possibility of reopening Airport Park as a recreation area in the near future (next year or even beyond that). Another item Mrs. Goldberg mentioned concerned a possible lease with the Richmore Company to operate at the airport: this would not be brought on the floor to vote in March, but it could come ~ II before them in April. Committee Reports--- Mrs. Ballard, Dial-A-Ride, forwarded a brochure on this program for transporting senior citizens to all Board Members and its contents outlined their new schedules for the bus route and the increased service for these people. The new system is work- ing out better now that they are used to it. New poster in the Town Hall and other public places: she will distribute some of the brochures to the K of C Drop In Center. New Vans, white' with orange, yellow and blue striping, the same as the Loop Bus System, will be in service within the next two weeks, will hold 23 passengers with wheel chair capacity. -" ~ ;, . Mrs. Ballard, Election Committee, will take up unfinished business under 8A at the appropriate time: forwarded copies of a letter received from Arthur Weit, Grand Knight of the Knights of Columbus indicating that the Board of Trustees have given permission to the Town to use one of the rooms attheK of'C Hall' on::East Main Street as a Polling Piece to replace the old Town Hall presently used for Ward One, District Two, effective May 1st, 1985. MRS. BALLARD moved to notify the Dutchess County Board of Elections that voters in Ward 1, District 2, will use the Knights of Columbus Hall on East Main Street, Wappingers Falls, New York, and a newly formed district, Ward 4, District 6, formed from splitting up Ward 4, District 3, will use the Immanuel Christian Reformed Church on Myers Corners Road, effective May 1st, 1985. II Seconded by Mrs. Paino Motion Unanimously Carried At the Association of Town's Meeting in New York, Mrs. Ballard attended several Town Board sessions and also went to a Town Clerk's session befause it pertained to election district 00 boundary alterations and other election ward changes. They pointed out that between January 1, 1987 and December 31, 1990, they would like to freeze the voting districts so no changes would take place during that period of time in the election l districts: in 1990 there will be a census and the municipalities will have the right to redistrict again. She suggested to the Board Members that if they anticipate splitting up any of the present districts in their area due to voter registration over 1,000, they should plan to do so in 1986 probably after they view the situation on Election Day. Another point brought up at this session was that the State Legislature has authorized (~ an expenditure of $250,000 for a study on voter computorization. The Town should look into the possibility of buying one or two new voting machines, but they should keep in mind that eventually we will have computerized voting and the present voting machines will no longer be in use. MRS. BALLARD moved to send a letter t6 the Chairmen of the L Republican and Democratic Parties informing them of the change in the Polling Place and the addition of one new district as of May 1, 1985 and they will need two additional Election Inspectors. Seconded by Mr~.Meelnekey Motion Unanimously Carried Mrs. Ballard, Recreation Committee--reported on February 21, 1985 Recreation Commission meeting which she attended and listened to discussion on the position of maintenance director, as recommended by the Citizens Advisory Committee. The Commission authorized the Director to put an ad in his weekly column for a person for this position. The Commission suggested that the Tree Seedling Program which has been handled by them for many years be passed l on to the Conservation Council. The CAC, at their meeting last Wednesday evening agreed to take over this program of distributing tree seedlings to the residents which will probably be sometime in April. Mrs. Ballard, Town Hall Cornrnittee-- the project is moving along on schedule; the well has been' drilled. The contractor plans to move his field office in this week. The footings will be put in the second week of March. On March 21, 1985, Hayward and Pakan (pb p will attend a work shop session to discuss their suggestions on security lock systems. The Town Board can take action on this phase at their first meeting in April. Mrs. Ballard, Aquifer Test---a work shop was held on February 14, 1985 with Dunngeoscience, Morris & Andros and Camo Pollution Control for the purpose of answering questions posed by the -" J\ ;~~ " "> Board on this matter. These agencies will meet at the Hilltop well site to review the suggestions and recommendations made by Dunngeosciencei Camo and Morris & Andros will report their recom- mendations to the Board relating to this test toward the end of March. MRS. BALLARD moved to send a copy of the report from Dunngeoscience to the Dutchess County Executive, Lucille Patterson, to be used by the Dutchess County Department of Planning in conjunction with the U.S. Geological Study being conducted in the Mid-Hudson Area. Seconded by Mrs. Paino Motion Unanimously Carried In conclusion, Mrs. Ballard noted that the Association of Town's ~"" ~ :'f:' Meeting was very informative and she took lots of notes. When she sorts them out, she will type a report and leave it at the Town Clerk's Office for anyone interested in reading them. Mrs. Paino, Association of Town's Meeting, very informative, she also took lots of notes and gave a brief report on some of the topics. Building and Fire Prevention Code - the instructor indicated that any municipality can opt out of enforcing the . Code' 'by passing the authority on to the County. If this is their intent, it must be done by adoption of a Local Law six months prior to the year they intend it to be effective. The County may also opt out of this enforcement of the Code by transferring it to It,',',? II .the State, no time limit for them to change this authority. It was recommended that local governments enforce the Code themselves since they could do a better job and it would be less expensive than the State performing this service. Variances to these Codes, no matter who enforces it, must be reviewed by the State. They do provide some financial aid to local govern- ~7' ments and this year nine million dollars will be distributed throughout the State, so the Town should expect to receive the same amount as last year for the Fire Inspector. Additional engineers will be provided by the State for technical assistance to the Towns. l. Risk Management geared toward urban Towns. Booklets were provided and Mrs. Paino will pass one on to the Comptroller for her infor- mation. Municipalities are advised to review areas of past and current litigation, also areas of possible litigation and determine their insurance~needs. The Attorney should check "hold harmless" clauses in contracts. Towns should reduce any area of liability, and if possible, place a cap on "pain and suffering award" and monetary cap on recovery. A resolution under item 7a for this purpose will be considered by the Town Board at the time it is I'.-r - placed in front of them. The second item was discussion on municipal insurance--rates will continue to escalate at least to 1987. Town should be aware of potential liability regarding L water pollution and consider passing aquifer quality protection laws. Part of the aquifer test prepared by Dunngeoscience suggests an outline for rules and regulations for protection from contamina- tion of public water supply of the Town. MRS. PAINO moved that a copy of this report be sent to the Conservation Advisory Council for review of the rules and regula- tions for a report to the Town Board and subsequent recommendation from them. Seconded by Mrs. Ballard Motion Unanimously Carried Public Labor Relations update - Since the Town Highway Department is planning to join the CSEA, Mrs. Paino felt she could get some l input from the session. A court case in the Town of Evans determined that employees engaging in politics cannot be fired for political affiliations unless it affected their job performance. A court case in Putnam County cautioned Town Board Members not to be directly involved in the negotiations simce if they were involved, in all fairness, this member would have to vote in agreement,with t wg /0 the items included in the contract. Negotiations may be open to the public and the press provided that both parties involved in the negotiations agree to their presence. Mrs. Paino, Water and Sewer Committee, at their February meeting with Camo Pollution Control they discussed the idea of coupling costs to paint the tanks at Hilltop Water Supply and Maxwell Drive I'i' I rr Water Tank, both in CWWIA, and requested costs on sand blasting the interiors, paint and disinfect. Mike Tremper recommended that they put costs together with other recommendations the Town may want to pursue per the Dunngeoscience report. According to Mr. Tremper, the D.E.C. recommends that water tanks be painted every ten years, and these two tanks have exceeded that time limit. Mr. Incoronato, Association of Towns, gave the following report: As the Wappinger Delegate to this Meeting, he summarized his position on key resolutions voted on at the delegation. The 16 proposals will be presented to Governor Cuomo and the State Legislature for their consideration and support. 1. Voted to use 1980 Census population statistics in the financial formula for determing State Aid to municipalities. I 2. Favored limiting court awards in suits against Towns & Villages to $400,000 maximum, except where negligent death is at issue. 3. Voted to urge that all locally implemented state legislation such as senior citizens and veterans real property exemptions be funded from state tax coffers rather than locally. 4. Voted for additional state financial and technical assistance for establishment and operation of regional landfills. 5. Voted to increase maximum fine for violations of Town Law including zoning ordinance infractions, from $250 to $1,000. 6. Defeated by majority, but he voted for a change in state law enabling Towns to set speed limits from 30 MPH to 55 MPH. 7. Against law to re-establish the State Advisory Commission on intergovernmental relations. Passed by majority. Mr. Incoronato reported on repeated violation of the Zoning Ordinance relating to the placement of signs, by Lawrence Farms. ~....7 III Despite the issuance of an Order to Remedy by our Zoning Administra- tor, this firm has not complied with our law and now, adding insult to injury, have erected a flashing sign, larger than the first one located on the shoulder of Route 9. Although Mr. Incoronato stopped and requested the manager to remove the sign by the end of last week, it was still standing and flashing last night prior to their closing G9 time. It was time to deal more stringently with them Mr. Incoronato decided and urged the Attorney to the Town to issue an Order to Remedy and bring them to court if necessary to mandate compliance of the Town law. l Mr.-Ressler responded that he would work in conjunction with the Zoning Administrator in this matter. Mr. McCluskey, Association of Towns--had contact with the Chairman of the New York State Commission of Cable, William Finneran. He discussed the problems the Town has with cable- vision and evidently the Town of Wappinger is not alone with their complaints on this service. He obtained a copy of the new Federal Law #98-549 which is difficult to interpret. They discussed Mr. McCluskey's recommendation on a cable committee with neighboring towns and Mr. Finneran was receptive to this idea and requested further information on its progress. Next year, Mr. McCluskey expects to speak at the sessions on this subject. He l obtained a copy of the Executive Law on Cable TV and expects to confer with Mr. Kessler on interpreting.lts contents. He listened to a speech on assessing cablevision, labeled drop lines and con- nections as real property. The Assessor of a Town can tax tele- phone company lines leading to a residence and the equipment attached to the building because it is considered a utility; the cable companies brought this to the courts and won in the highest court due to a weak link in the State Law which stated that cable companies, unlike phone companies and electric companies are not utilities. The Town Officials were encouraged to contact their state representatives to request their consideration of a change in the law whereby the cable companies could be considered a utility and taxable as such. He sat in on a long discussion l on water problems and taxes throughout the stshe .and obtained information on how to establish part townwide districts and full townwide districts and the ramifications involved in their forma- tion. Mr. McCluskey found the Association of Town's meeting to be a very beneficial seminar. Resolutions--- .___J 1tJ Id- The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: WHEREAS, in recent years the cost of tort liability for local government has increased dramatically, especially in New York State, and WHEREAS, New York is one of only a few states with un- limited liability exposure for local government entities, and I WHEREAS, such unlimited liability has caused serious fiscal problems for local government budgets, which combined with reductions in federal assistance and vo1iti1e economic conditions, threatens the financial health of public treasuries and diverts limited tax dollars from the provision of essential services, and WHEREAS, the unpredictabi1ity of large damage awards and settlements is a constant threat to many of the State's smaller jurisdictions which may simply not be able to afford a catas- trophic loss, and WHEREAS, the State Legislation can take action to moderate local government liability at no cost to the state, be it RESOLVED, that the Town of Wappinger respectfully requests the New York State Legislature to pass, and the Governor to sign into law (a) bill (s) for the purpose and effect of: 1. Amending the doctrine of joint and several liability to limit damages governmental defendants are required to pay to their equitable share of judgements; 2. Limiting recovery for non-economic losses (e.g. pain and suffering) to cases where significant injury is proven according to objective standards; .-.................. . 3. Establishing a reasonable cap on recovery against governmental tort defendants or some other appropriate means of limiting local government liability, and be it further RESOLVED, that this Town of Wappinger urges the State Legislature to act favorable on the legislation currently pending before it, or a comparable alternative thereto, which would accomplish the aforementioned goals, and be it further RESOLVED, that this re'S01ution.l.:.pen~entutQt;..GoveEn6ra.tiario Cuomo and the members of the New York State Legislature. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays A request was received from Morris & Andros for paYment of engineering costs for drainage improvement on Phase 5 in the amount of $3,837.40. I Mrs. Paino requested that this matter be tabled for further information on the vouchers"" involved for thei work performed. MRS. PAINO moved to direct a letter to Morris~ Andros requesting more specific breakdown on all vouchers and in regard to the three vouchers submitted for paYment they would ask that the hours involved on these items be listed and the /}/ dates that the services were performed. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Paino noted that she had requested specific breakdowns l on these vouchers -last year and'spoke to the Comptroller regarding this matter but has seen no change in the vouchers. Mr. Versace pointed out that these vouchers were for work requested by Town Board Members and there were charges involved. The drainage projects have all been approved by this Town Board or the previous Town Board and these '"bi..li:s are legitimate- expenses of the firm. Mr. McCluskey agreed that vouchers should be more clearly clarified, he had no objections to paying for services rendered ~~t would like to know exactly what they were paying for, hours involved and dates involved~ it had nothing to do with Morris & Andros individually, but all vouchers submitted to the Town should clearly state this information. He disagreed with Mr. Versace's l opinion that the disagreeing Board Members were insinuating that Morris & Andros were padding their bills---not so, no such idea, merely wanted further clarification. Mr. . Vet'saoentdirQcted that this item be tabled to the March 18th 1985 meeting. The following resolution was offered by SUPERVISOR VERSACE WHEREAS, Southland Corporation made an application for a special use permit to have gasoline sales as well as a 7-Eleven Food Store at the corner of Route 9 and Old Hopewell Road in the Town of Wappinger and, I f t who moved its adoption: WHEREAS, such special use permit was issued on or about February 23, 1984 in accordance with a site plan contained in application #715 and, l WHEREAS, the Zoning Board of Appeals in acting on the application for a special use permit set forth certain conditions in the granting of the said special permit one of which states "There shall be no left turn onto Hopewell Road permitted". WHEREAS, the Department of Public Works of the County of Dutchess has indicated that it does not have any objection to the aforementioned prohibition with respect to said condition, 1J: /~ NOW, THEREFORE, BE IT RESOLVED, that the Southland Corporation be instructed to obtain, install and maintain a sign indicating that no left turn shall be allowed onto Old Hopewell Road from the 7-Eleven Food Store located on Ol~ Hopewell Road and Route 9, within thirty days of passage of this resolution. and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Department of Public Works Director of Engineering of the County of Dutchess at'38 Dutchess Turnpike, Poughkeepsie, New York. Seconded by: Councilwoman Paino l...j:.,' II Roll Call Vote: 5 Ayes 0 Nays The original resolution required the installation of this sign by the Town Highway Superintendent, however, Mr. Versace felt it was the responsibility of the owner according to the Planning Board's requirement and requested that the wording be changed to ,that effect. It was Mr. McCluskey's opinion that due to the danger involved in that access road they should not be providing any eRtramce~L or'exib~~emm thed7-Eleven Store on to Old Hopewell Road; this sit uation should be reviewed. ~. ':. i(\ Mr. Versace felt that at a later date this resolution could be - amended and suggested that Mr. McCluskey check with the County on possible change for ingress and egress at that location, but for now this resolution will serve in the interim. Mr. McCluskey sought a legal opinion from the Attorney on the procedure to folbwon changing certain conditions set forth by the Zoning Board of Appeals on the issuance of the Special Use Permit. Mr. Kessler responded that the ZBA would have to initiate the procedure by motion to amend the S.U.P. and hold another public hearing after "r notifying the Southland Corporation. The following resolution was offered by SOPERVESOR VERSACE who moved its "adoption: WHEREAS, the Town of Wappinger is in the process of having a ~ew Town Hall building constructed, and I WHEREAS, it is intended that the present Town Hall Building is to be sold by the '!l'bwn of Wappinger, Now BE IT RESOLVED, that the present Town Hall Building and premises located at Mi.' Street, Wappingers Falls, New York, Grid #6158-14-313291, more particularly described in a certain deed dated December 6, 1964, and recorded in the Dutchess County Clerk's office as Liber 1161 at pg. 147, be placed on the market L l l ~~~ ---- 73 for sale with the sale to be completed at the discretion of the Town Board, and BE IT FURTHER RESOLVED, that said bids will be received at the office of the Town Clerk, no later than the 4th day of April, 1985 by 10:00 A.M. and these bids will be opened and read aloud on the 4th day of April, 1985 at 11:00 A.M. in the office of the Town Clerk, and BE IT FURTHER RESOLVED, that the Town Board reserves the right to reject any and all bids or to advertise for rebids. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: . WHEREAS, the Town of Wappinger is in the process of having a new Town Hall Building constructed, and WHEREAS, the Town of Wappinger will be required to purchase a new telephone ,system, now BE IT RESOLVED, that sealed bids be received by the Town of Wappinger Town Clerk until the 4th day of April 1985 by 10:00 A.M. and these bids-will be opened and read aloud on the 4th day of April 1985 at 11:00 A.M. and BE IT FURTHER RESOLVED, that the Town Board reserves the right to reject any--and all bids, to waive any informalities in such bids, to accept other than low bidder and to advertize for rebids. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays The Board of Elections forwarded the completed district map showing the district for those voters who are on the boundary lines between election districts relating the newly formed district Ward 4, District 6, as a result of the split up of Ward 4, District 3. MRS. PAINO moved to receive this communication and place it on file. Seconded by Mrs. Ballard Motion Unanimously Carried The following letter was received from Ronald Evangelista relating to Edgehill - Hilltop Drives - Pye Lane Drainage Improvement, Phase 5 Engineering Considerations: February 27, 1985 Dear Members of the Board: Pursuant to a request by Councilwoman Ballard we are providing herewith a cost breakdown of the engineering/surveying fees which remain to design the referenced drainage improvement project. 14 The fees associated with this project include work by Senior and Assistant Engineers, Designers, Draftsmen, Surveyors and Clerical Assistance. The engineering costs to complete the project are estimated -at $4,500.00. Please note, however, that we shall only bill the Town the time expended on the project. ,The upper limit for this project is estimated at ~5,000.00. This is an upset cost which wou1a not be exceeded, we would however, fully expect to complete the project for the estimated $4,500.00 If this is satisfactory, please advise this office in writing in order to commence work on this project. I Thank you for your consideration in this matter. sl Ronald Evangelista Mrs. Ballard referred to a lengthy drainage proposal project outlined in a letter from Morris & Andros dated October 5, 1984. ~e projects are completed, one is nearing completion leaving EdgehiD, Hilltop and Pye Lane. These were left to last due to the fact that they involved about 18 homeowners and releases would be sought from them before the work was started. It would be necessary to disturb grass and landscaping and it was anticipated that the homeowners would not be too receptive to this disturbance. and Mr. Croshier at the Town Hall on February 13, 1985 to inform Il.......;......~..'.. II A meeting was held with the homeowners, Mrs. Ballard, Mr..Evange1ista them what the contractors would be doing to correct drainage problems in that area. When the specs and plans are drawn up bp~the Engineer, probably sometime in May, Mrs. Ballard planned to meet with the home- owners again to keep them informed of this activity. MRS. BALLARD moved to approve expenditure up to $5,000 for specs and plans on the Edgehi11-Hi11top Drives Pye Lane Drainage Project. Seconded by Mr. McCluskey Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino stated that she was in favor of the project but requested a better breakdown and asked that Mrs. Ballard notify the Town Board when she planned to meet with the homeowners. Mr. Versace noted that a detailed breakdown would be provided at - the time the Engineer presented the . specifications for the project, this action was for the approval to prepare the specs and maps at a cost not to exceed $5,000.00. l l l 1.5 A request was received from Mr. C1assey, Town Fire Inspector to amend Local Law # 3 of 1983, Fire Prevention Code. MR. VERSACE moved to request the Attorney to prepare the necessary resolution for the Town Board to consider setting a public hearing on this amendment at the March 18, 1985 meeting. Seconded by Mr. Incoronato Motion Unanimously Carried In response to Mr. McC1uskey's invitation to adjoining municipcl!.lities to join with us in the. formation of a Cable Committee, a letter was received from the Fishki11 Town Clerk forwarding the name of Peter Pastorini as the Town of Fishki1L's representative in the Committee if Wappinger proceeded with this idea. Mr. Versace forwarded this communication to Mr. McCluskey as repre- sentative of the Town of Wappinger. A new Letter of Credit was forwarded from Mr. Buyakowski and M. Godbout for Woodcrest Subdivision from the Fishki11 National Bank in the amount of $7,000.00. Mr. Evangelista had concerns on this Letter of Credit and had returned the original Letter to the Bank until these concerns were resolved. The first pertained to two sanitary manholes that did not appeared to be covered: this was the second request and had not at this time seen complied with: the second concern was the expiration date of June 30, 1985 and he suggested an expiration date of six to nine months from acceptance of the letter by the Town which would be anytime from September 30th to December 31, 1985 expiration. Mr. Versace recommended that the Attorney and the Engineer contact the attorney for the principals of Woodcrest Subdivision to resolve these problems. MR. VERSACE moved to table this item to the March 18, 1985 meeting. Seconded by Mr. Incoronato Motion Unanimously Carried A request was received from Mr. William MacGeorge to become tenant to the Watch Hill Water District at the last meeting and referred to Mr. Evangelista to determine if this property was within the district. Mr. Evangelista had not been able to obtain a map of the district and requested additional time to complete his investigation. 1b MR. VERSACE moved to table this request to the March 18th, 1985 meeting. Seconded by Mr. Incoronato Motion Unanimously Carried The Amendment to the Soil Erosion and Sediment Control Ordinance had been introduced by Mr. Incoronato at the January 21, 1985 meeting and a public hearing had been set for March 4, 1985 meeting. This could not be held due to the fact that the proper Amendment had not been received from the Attorney until it was too late to advertise. During the last two weeks Mr. Kessler forwarded the proper document to the Town Clerk and she requested the Board to set another date for this Public Hearing. MR. INCORONATO moved to set a Public Hearing on the Amendments to the Soil Erosion and Sediment Control Ordinance on March 18, 1985 at 7:45 P.M. to hear all interested persons. Seconded by Mrs. Paino Motion Unanimously Carried There was no other business to come before the Board. MR. INCORONATO moved to adjourn the meeting, seconded by Mrs. Paino and unanimously carried. The Meeting adjourned at 10:00 P.M. ~USwu~ Elaine H. Snowden Town Clerk Reg. Bimonthly Mtg. 3/4/85 It I I I