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1985-01-07 RGM c r r\ i' I I I I I I I AGENDA TCWN BOARD TCWN OF WAPPINGER BIMONTHLY MEETING JANUARY 7, 19a5 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPI' MINUTES 4. REPORTS OF OFFICERS: Receiver of Taxes Sup/Compt. thru 11/30/84 5. PETITIONS & COMMUNICATIONS a. NYS Commission on cableTelevision ORDER prescribing rates (Approval of Rate Increase) b. NYS Division of Equalization & Assessment reI Valuation update and possible proposal from Finnegan & Associates c. Thos. P. Salese, Attny, reI Cedar Estates ~'rformance Bond d. Otto Klassen, Pine Hollow Dev. Corp. Performance and Maintenanc Bond for Schuele Rd. e. B/D Contracting re: request for payment due on Bid and payment of additional work directed 'done by TjEngineer on Robinson Lane Handicap Facility f. E. Hawksley - recommendation of addition~member for Cons. Adv. Council g. E. Hawksley - recommendation for preservation of Green Fly Swamp h. Town of Lloyd re: cablevision service i. Vacancy on Zoning Bd. of Appeals - Geo. Urciouli (& Corr. from Zoning Bd. recommending his 6. COMMITTEE REPORTS 7. RESOLUTIONS 8. a. Introduce Fee schedule for Fire Prevention Bureau (and set date for ~blic Hearing) b. Resolution authorizing H. Supt. to remove metals from the Castle Point Landfill site. c. Soil ErosaQn & Sediment Control Ordinance d. ~pprove return of retainage to Wilson ~xcavators (CWWIA Contract -'L c\a~~Cln"-\.'iJ''- ate (3'-\.~'\ona{~ a? II j=lott'\-tr" Ext. #3) UNF IN ISHED BUS INESS off? ~C( ~ ..., V\. t~~-.c lJo'h. bQf'~J"- (:i S' .... { p . \ l ~ "1ft') ri r t-~~<: a. Engineers report on Briar Lane Drainage problems '?NO I.. 'f::~,...."t....~.1 0 9. NEW BUS INESS 10. ADJOURNMENT If [ '-' L-..I '.:' ..:,! '-' l ) /1 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on January 7th, 1985 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the Meeting at 8:15 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk The Meeting started with the Pledge of Allegiance to the Flag. The Minutes of the Regular Bimonthly Meeting of December 17th, 1984, having previously been sent to all Board Members, were now placed before the Board for their consideration. MRS. PAINO moved that the Minutes of December 17th, 1984, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. McCluskey Motion Unanimously Carried Reports were received from the Receiver of Taxes for December and the Supervisor/Comptroller Report thru November 30, 1984. MRS. PAINO moved to accept these Reports and place them on file. Seconded by Mrs. Ballard Motion Unanimously Carried The Town received an Order from the New York State Commission on Cablevision approving the rate increase for Town residents from &7.95 to $9.45 per month for basic service. MR. INCORONATO moved to receive the Order from the New York State Commission on Cablevision, place it on file and forward a copy to the Town Cable Committee. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Kessler referred to a communication dated January 2, 1985 from the New York State Commission on Cable Television advising us of a new law, effective December 29, 1984, relating to )IJ our cable franchise, particularly in the area of rates and franchise renewals. The law indicates that present rates will remain in effect during a two year transition period (on or about December 29, 1986) and also states that the operator, at its .' discretion, can increase the Basic rate 5% per year in the two year transition period, without municipal approval, if a franchise does not specify a fixed rate or rates for basic cable service I during that period of time. tj The Attorney was requested to review the franchise to determine if the rates just approved will remain in effect for the two year transition period, or will an additional 5% increase be allowed. A letter was received from the New York State Division of Equalization and Assessment regarding the valuation update planned throughout Dutchess County and requesting information on the Town's intent to accept a proposal from Finnegan & Associates for this project. If it was the intent of the Town to accept the proposal submitted by this firm, they asked that a resolution I of this acceptance be forwarded to them by January II, 1985. Mr. Versace noted that a work shop session has been set for January 17, 1985 to discuss the proposal with Finnegan & Associates. Mr. Kessler reported that he had attended a'meeting on December 19th, 1984 with several Town Attorneys and Finnegan & Associates to discuss their proposal. There were several modifications to be made to the contract and the firm was requested to make the changes and resubmit the contract to them. The proposed contract will cost the Town approximately $147,440 which averages about $20.00 for each parcel. The original contract provides that the ~ Town guarantee arspecific number of parcels and if this amount 11, " is exceeded by 3% they would charge $20.00 for each additional parcel: after negotiating this matter, the firm agreed that there would be a reduction of $20.00 for each parcel under 3% of the guaranteed amount. They were also informed that the staff appraisals, with respect to residential parcels would appraise the parcels on a cost approach and a market approach: with respect / ) l ~ l ~ L ~/ to commercial properties, they would use three approaches-- market, income and cost. Further discussion of the revised contract would be held at the work shop session. MR. VERSACE moved to table the correspondence from the New York State Division of Equalization and Assessernant to January 21, 1985. Seconded by Mrs. Paino Motion Unanimously Carried MRS. PAINO moved that a letter be directed to Russell Harris, Regional Director of the New York State Division of Equalization and Assessment, notifying him that the Town Board will meet at a work shop session on January 17th, 1985 to discuss the proposal with Finnegan & Associates. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Thomas Salese, Attorney for Peter and Georgette Luckel, relating to a Certificate of Deposit assigned to the Town in the amount of $30,000.00, in lieu of a Performance Bond for completion of-the roads in the Luvluk Subdivision. The Attorney stated that he had no information on this matter MR. VERSACE moved to table this correspondence to the meeting of January 21, 1985. Seconded by Mr. Incoronato Motion Unanimously Carried A Performance and Maintenance Bond was forwarded to_the Town by Otto Klassen for Schuele Road in the Pine Hollow Subdivision. MR. VERSACE moved to notify Mr. Klassen that it is Town Policy to accept Letters of Credit in lieu of Performance Bonds. Seconded by Mrs. Paino Motion Unanimously Carried It was brought to the attention of the Town Board that building permits have been issued for this subdivision. MR. VERSACE moved to notify the Building Inspector to hold up all building permits for Pine Hollow Subdivision until the proper J.f?. documents have been received. Seconded by Mr. Incoronato Motion Unanimously Carried A request was received from BID Contracting for final payment due on the contract for the Robinson Lane Handicap Facilities plus additional monies for extra work directed by Morris & Andros in the amount of $1,140.92. Mr. Versace preferred to defer action on this matter since no official notification has been received from BID Contracting that the work has been completed, nor have they provided us with the documents required by the County relating to our application for Consortium Funds for this project. MR. VERSACE moved to table this matter to the meeting of January 21st, 1985. Seconded by Mr. McCluskey Motion Unanimously Carried A recommendation was received from the Conservation Advisory Council to appoint Roger Mann as a member of this Council. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, that Roger Mann be and he is hereby appointed to the remaining unappointed seat as a member of the Conservation Advisory Council of the Town of Wappinger, and it is further RESOLVED, that the aforesaid person is hereby appointed to the said Conservation Advisory Council for a term which shall expire July 1, 1985. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays A letter was received from Edward Hawksley requesting approval for the Conservation Advisory Council to proceed with a proposal to protect the Green Fly Wetland. Earlier this year, The Council had received authorization to conduct a preliminary study to determine if such a program could be implemented. The recommendations coming out of this study are: 1. Greenfly Wetland should be preserved as ara natural wetland and a much needed open space. I .." I vi - ~ ~3 2. The Town of Wappinger or a town agency, such as the Conservation Advisory Council, should begin to acquire lands within the wetland, either by land trust agreement, conservation easement rights in lieu of taxes, or by direct donations from landowners. 3. Efforts should be made to maximize the educational benefits. [ 4. A citizen committee should be formed which would assist the town in formulating a development and management plan for the wetland. Late correspondence had also been received from Mr. Crane, ~ identifying himself as one of the owners of lands in this wetland area and requesting that the Town address this matter with him. There was further discussion as to what direction the Town Board should take on the Conservation Advisory Council's proposal. Mr. Hawksley persisted that the C.A.C. should be designated as the agency to negotiate with the owners to acquire the lands within the wetland so the program could be implemented. MRS. PAINO moved that the Conservation Advisory Council contact Mr. Crane to discuss with him their recommendations and proposals l for future acquisition and preservation of the Greenfly Wetland. Seconded by Mr. Incoronato Motion Unanimously Carried The Town of Lloyd forwarded a letter to the Town inquiring if we would be interested in joining with them and other municipali- ties in a cable franchising effort to achieve better cablevision if we do not already have cable service. Since the Town has had a franchise agreement with U. S. Cablevision Corporation for many years, it was suggested, as a goodwill gesture, that we inform them of this fact and send a copy of this agreement ~ to them as a guide. This prompted a suggestion from Mr. McCluskey that we unite with l other towns in an attempt to deal with the problems we are having with our cablevision corporations. MR. MCCLUSKEY moved to contact the neighboring towns to see if they are interested in forming a Cable Committee to unite in arbitration on questionable policies included in the various }~ cablevision franchises. Seconded by Mr. Versace Motion Unanimously Carried MRS. PAINO moved to send a letter to Councilman Anthony Prizzia of the Town of Lloyd informing him that we do have a Cable Franchise Agreement with U. S. Cablevision Corporation and forward a copy of the Franchise to him for his review. Seconded by Mr. McCluskey Motion Unanimously Carried A recommendation was received from the Zoning Board of Appe~la for the reappointment of George Urciouli as a member of that Board for another term. MR. VERSACE moved to table action on this matter to the January 21st, 1985 meeting. Seconded by Mr. Incoronato Roll Call Vote: Councilwoman Ballard Councilman Incoronato Councilman McCluskey Councilwoman Paino Supervisor Versace Aye Aye Nay Nay Aye Motion Carried Both Mrs. Paino and Mr. McCluskey clarified their "Nay" vote stating that they usually voted on the recommendation of the respective Boards or Councils when there was a vacancy and secondly, there was no other name in front of them for this appointment. MR. MCCLUSKEY moved to appoint George Urciouli as a member of the Zoning Board of Appeals. Seconded by Mrs. Paino Roll Call Vote: Councilwoman Ballard Councilman Incoronato Councilman McCluskey Councilwoman Paino Supervisor Versace Nay Nay Aye Aye Nay Motion Defeated - ., ..,i .. I tJ l~ II 1 .;<S- Committee Reports--- Mrs. Ballard, Recreation---In response to Mr. McCluskey.s question on the status of the Montfort Road Barn at the last meeting, she had discussed this with Mr. Presti, member of Recreation Commission handling this project. [ MRS. BALLARD moved to send a letter to the Recreation Commission notifying them that if they are planning any capital improvements on this building they will be required to rebid the project, and \.f further moved to request that a specific plan outlining the activ- ities planned for future use of the barn, be forwarded to the Town Board. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Ballard, Town Hall Project---Information from Hayward & pakan had been forwarded to Board Members at the end of last year (1984); a representative from the firm will be present at the January 17th, 1985 work shop to answer any questions the ...~ Board may have on this material. If there is any other informa- lJ tion the Board may want, Mrs. Ballard will contact the firm so it is available at that discussion. Mrs. Paino, Dumping at Airport---At the last meeting Mr. McCluskey suggested laying railroad ties to discourage dumping in the vicinity of Jackson Road and New Hackensack Road. During a discussion with Mr. Whited, Commissioner of Aviation, Mrs. Paino had conveyed this suggestion and was informed by him that these were not available to him; on the other hand, the snow fence was available and that was the reason he chose to use it for a barrier. \.; At the Public Hearing on the Fee Schedule for the Fire Prevention Bureau held December 3rd, 1984, it was brought to the attention l of the Town Board that no allowance was made for an inspection fee for large businesses. The Town Board adopted this Fee Schedule on December 3rd, 1984, as presented, and agreed to consider the amendment at a future date. Ji;; The following Amendment to the Fee Schedule for the Fire Prevention Bureau was introduced by COUNCILMAN INCORONATO: BE IT ENACTED AS FOLLOWS: 1. The fee for an inspection of a small business (anything under 2,500 square feet of space) shall be the sum of $20.00. 2. The fee for an inspection of a large business (anything over 2,501 square feet of space) shall be the sum of $50.00. 3. The fee for inspection of multiple residences shall be the sum of $50.00. 4. The fee for inspection of mobile home parks containing more than ten units shall be $50.00. 5. The fee for inspection of mobile home parks containing ten units or less shall be the sum of $20.00. 6. In the event one reinspection is to be made thereafter, there shall be no charge for such reinspection. 7. In the event a second reinspection is necessary, the fire inspector is authorized to issue a citation to the owner and/or operator for Court Proceedings. MR. INCORONATO moved to set a Public Hearing on the Amendment to the Fee Schedule for the Fire Prevention Bureau OD January 21st, 1985 at 7:45 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, to hear all interested persons. Seconded by Mrs. Ballard Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: RESOLVED, that the Highway Superintendent be and is hereby authorized to attend to the removal of the metals from Castle Point Landfill site at the towns expense and sale of said metals. Seconded by: Councilman McCluskey 'Roll Call Vote: 5 Ayes 0 Nays Note: Due to Vandalism to their equipment, Charles Effron & Son have removed the machine from Castle Point site. The Amendments to the Soil Erosion and Sediment Control Ordinance were placed before the Board for their consideration. MR. VERSACE moved to table action on these Amendments to the January 21st, 1985 meeting since the Town Board did not have the opportunity to review them~ Seconded by Mr. Incoronato Motion Unanimously Carried ..x:-.......t...'.' '- ~ ~,.,., .( ',;,. F till 11';'.( ...... ,~ ~ ( \., L \.r l c27 The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, the sum of $5,252.01 be and is hereby approved for payment to Wilson Excavators, such sum being the return of 5% retainage held one year as of December 1, 1984 for the Central Wappinger Water Improvement Contract Extension #3. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, that Catherine Bartolotti be and she is hereby designated as a Floater to the Town of Wappinger, at a salary of $10,100.00 (Ten Thousand, One Hundred Dollars) per year. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays Note: Mrs. Bartolotti will commence this position as soon as an Assessors Aide is available to fill that slot. Due to an oversight, the following resolutions on encumbered bills for the Recreation Commission and the transfer required to cover payment, were not included in the Year End Meeting. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, the following amounts be and are hereby encumbered for 1984 expenditures to be paid in 1985. A-7ll0.2 (Bleachers) (Benches) (Backstop) $1,420.00 800.00 1,347.15 Miracle Recreation Miracle Recreation Miracle Recreation A-7ll0.4 (Clay) 1,755.00 200.00 50.00 Wappinger Sand & Gravel Agway Petroleum B & K Auto A-7l40.l Jim Hughes Laura Combes 96.00 72.00 B-73l0.4 (Candy Canes) (Santa Suit) 36.00 45.00 100.00 Irving Ness Rent-All Center Urey Hardware Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR VERSACE I r I f; , t who moved its adoption: RESOLVED, the sum of $181.00 be and is hereby transferred to B-73l0.4, Youth Programs, Contractual from B-73l0.2, Youth __J ~ Programs, Equipment to cover encumbered bills. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays Unfinished Business--- The Engineer's Report regarding a drainage problem on Briar Lane (Klein/Alexander subdivision, All Angels Hill Road) was tabled at the last meeting to give the Board Members an opportunity to review correspondence received from Mr. Klein. Mrs. Ballard explained that Mr. Klein indicated in his letter that he was willing to correct the problem, but in order to start the project, it would be necessary to enter property owned by Mr. and Mrs. Pan, and he has not been successful in obtaining their permission. MR. INCORONATO moved to send a copy of Mr. Klein's letter to Mr. and Mrs. Pan to assist them in their further consideration of signing th~ required release. Seconded by Mr. Versace Motion Unanimously Carried New Business--- Mrs. Ballard referred to a request from Judge Wolfson for an increase in Gloria Morse's salary due to the additional hours she has been required to work in her position as Secretary to the Town Justices. MRS. BALLARD moved to increase the salary of Gloria Morse, Secretary to the Town Justices, from $12,675 to $13,675. Seconded by Mr. Incoronato Motion Unanimously Carried There was no other business to come before the Board. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mrs. Ballard and unanimously carried. The Meeting adjourned at 9:20 P.M. ~~~ Elaine H. Snowden Town Clerk Reg. Mtg. 1/7/85 d......... II ~ I ~ I