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1984-10-01 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING OCTOBER 1, 1984 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Aug. 20, 1984 & Sept. 17, 1984 I 4. REPORTS OF OFFICERS:• O`w 1 ard i ��Atge. (.?),„,„4.41 1a.vAr41 oecs�..a4t4 5. PETITIONS & COMMUNICATIONS a. Resignation'of Bridget Gannon from Assessors Office b. Request by Rose Horton to proclaim "Federation of N.X. Insurance Women's Association Week" c. Paul Epstein, Attny, re: Gayle Casucci subdivision problem d. William Crane, Attny, re: Tax Certiorari proceedings against the Town that he was defending for the Town in 1983 e. Town of East Fishkill Notice of Adjourned Public Hearing f. Court decision re: DWS & WVC article 78 - extension of Sewer Lines g. Rosa Brunetti filing response to Zng. Adm. notice re: Special Use Permit for landfilling on Rte 9 in area of Greenfly Swamp h. Vincent Porach, Jr., request for "Children at Play" sign at Park Hill Drive. i. Sewer Line blockage - John Palmer, 48 Robert Lane 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Appropriate $3,000 from Parklands Deposit Trust Accnt to pay Morri & Andros b. Delinquent Water & Sewer bills in arrears to be forwarded to Count to be levied on Tax Bill c. Bids for Town Hall d. Board of Assessment Review - Jos. Bracone term expires 9/30/84 e. Fee Schedule for Information requests on C.O's f. Amendments - Special Use Permits t ;,,' e . 111. 4Fes\ 8. UNFINISHED BUSINESS ) a.Ed & Joan Sailer re: Rezoning request b. Pizzagalli water line - Attny and Eng. reports c. Whites Corners Co. - Benefit assessment - Attny report d. Application for Special Use Permit on lands of Montfort e. Spring Hill Court - Acceptance f. Zoning Adm. report on Redl property g. Richard Steller, Co. Dept. Public Works - in answer to Mrs. Smalls driveway complaint h. A. Dickson correspondence re: Signal Light installation at Rte 9 & Mesie Ave., North. 9. NEW BUSINESS 10. ADJOURNMENT ICQS rec Gi.wi.s..444cs' e c1 The Regular Bi -Monthly Meeting of the Town Board of the Town of Wappinger was held on October 1st, 1984 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York . Supervisor Versace opened the meeting at 8:03 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. Before starting the Agenda, Mr. Versace introduced Assemblyman Stephen Saland who has made it a practice to visit the Town Boards in his district at the conclusion of the State Assembly's session. He briefly reported on some of the subjects taken under considera- tion at their session which might be of interest to the Board. Some of these items included the formula of using 1970 figures for apportioning Federal Revenue Sharing funds which has resulted in a lesser share for some towns, including Wappinger. He hoped that in the near future the formula would change to use 1980 census figures. He reviewed the Town Justice Bill and the newly adopted Veterans Exemption Bill and mentioned that relating to the marketing of bonds, the Town can now issue variable rate interest notes which could make bidding more competitive and provide addi- tional source of revenue to the Town. Mr. Versace added that discussion was held on the Veterans Bill at a recent Supervisor's Association meeting he attended and it was the general consensus of opinion of those present that due to lack of sufficient information on the bill they were not receptive to the support of its adoption. In closing, Assemblyman Saland advised the Board to take a long look at the consequences this bill could have on the Town Assessment Roll and discuss it thoroughly with the Attorney and the Assessor before making a commitment either way. Mr. Versace continued with the Agenda for this meeting. The Minutes of the Regular Meetings of August 20, 1984 and September 17, 1984, having previously been sent to all Board Members, were now placed before the Board 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 Mr. McCluskey Motion Unanimously Carried There were no Reports of Officers submitted for this meeting. The Town Clerk informed the Town Board that she had received the Tentative Budget of 1985 from the Comptroller's Office on September 28th, 1984, and as required by Town Law, she was now presenting it to the Town Board. MRS. PAINO moved to accept the Tentative Budget of 1985 presented by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Bridget Gannon wrote a letter of resignation from her position as Assessor's Aide effective October 31, 1984 due to personal reasons and explained that she had accepted a full time position with the Village. MR. VERSACE moved to accept Mrs. Gannon's resignation and requested the Town Clerk to send a letter to her thanking her for her services to the Town. Seconded by Mrs. Paino Motion Unanimously Carried Since this is a Civil Service position and the list has not been received from the County, Mr. Versace noted that Mrs. Bartolotti would assume the duties of this position until such time as the Board could make a Civil Service appointment. A request was received from Mrs. Rose Horton to proclaim the week of October 21st thru the 27th, 1984 as Federation of New York Insurance Women's Associations Week. MR. VERSACE moved to proclaim the week of October 21st thru the 27th, 1984, Federation of New York Insurance Women's Associations Week. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Paul Epstein, Attorney representing Gayle Casucci regarding additional requirements for the construc- tion of her subdivision before any further building commences. Mr. Evangelista reported that he and Mr. Croshier had investigated a drainage complaint from a downstream neighbor and when they determined'that there was cause for concern they recommended that a stream cleaning be conducted in that area to relieve the area residents. The developer was reluctant to conduct this project due to the additional cost and instead proceeded to have a contractor proceed with the previously approved installation of a drainage pipe. This project was halted by the Highway Department and at a meeting with the developer and the Town Officials they were informed that unless they performed the additional work, there would be no further building permits issued for that subdivision. Both Mr. Evangelista and Mr. Croshier recommend that no building permits be issued until the stream cleaning is completed. Mr. Versace requested that both Town Officials discuss the matter with the Attorney for response to Mr. Epstein's letter. MR. VERSACE moved to receive this correspondence, forward it to Mr. Kessler for response after discussion with the Engineer and the Highway Superintendent. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. William Crane of Rosen Crane and Wolfson wrote to the Board in regard to Tax Certiorari proceedings he had previously handled for the Town Board which he would turn over to Mr. Kessler upon direction from the Town Board. Mr. Kessler reported that he had received seven pending Tax Certiorari proceedings from Mr.Crane and needed authorization from the Board to proceed with the handling of these cases. MR. INCORONATO moved to refer the Tax Certiorari proceedings previously handled by Rosen Crane and Wolfson to Bernard Kessler, Attorney to the Town to defend on behalf of the Town of Wappinger. Seconded by Mrs. Ballard Motion Unanimously Carried The Town of East Fishkill forwarded a notice of their adjourned Public Hearing relating to amending their Zoning Law on site plan approval. MR. MCLUSKEY moved to receive this notice and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried The Court decision on an Article 78 proceeding by DWS New York Holdings, Inc. and WVC Realty Corporation (Cranberry Development) against the Town of Wappinger, was forwarded to the Board by the Attorney. He reported that their action to compel the Town to extend the sewer lines from the Oakwood Knolls Sewer Plant to their facilities resulted in being dismissed by the Court,. MR. VERSACE moved to receive this notice and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried A Western Union Mailgram was received from Rosa Brunetti in relation to a recent application for filling in the lands of Montfort in the Green Fly Swamp area expressing her concern that the filling and grading be done properly so as not to damage her property or cause drainage problems. Mrs. Snowden recommended that this communication be filed with the application for filling these lands. Mr. Versace referred to a report from the Chairman of the Conser- vation Advisory Council indicating that due to the proximity to the Green Fly Swamp, approval would be needed from the New York State Department of Environmental Conservation and he recommended that further discussion on this matter be tabled pending receipt of their report. MR. VERSACE moved to table this matter to the October 15th, 1984 meeting for a report from D.E.C. Seconded by Mrs. Paino Motion Unanimously Carried MR. INCORONATO moved to receive the correspondence from Mrs. Brunetti and include it with the application from Jo -Mo Realty Corp. for a Special Use Permit to fill the lands of Montfort. Seconded by Mrs. Ballard Motion Unanimously Carried A request was received from Vincent Porach, Jr., for a "Children at Play" sign on Park Hill Drive in the Mocassin Hill Subdivision. At the last meeting Mr. Versace had requested that this sign be installed by the Highway Department along with one for Carroll Drive and Rowell Lane and at this time he reiterated this action to the Highway Superintendent who stated that he would take care of this matter. Mr. Versace asked the Town Clerk to notify Mr. Porach that the sign he requested will be installed by the Highway Department. MR. VERSACE moved to receive this correspondence and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. John Palmer wrote to the Board concerning a sewer line blockage at his residence at 48 Robert Lane; a report was received from Camo Pollution Control indicating that the expense is the Town's responsibility since the problem was under the road. The total amount of the bill was $1,200.00, however Mr. Palmer had other work done while this line was exposed and was agreeable to a reimbursement of $875.00 for the excavation of the sewer line. MR. VERSACE moved to authorize the Comptroller to reimburse Mr. Palmer $875.00 from WSI#1 for the excavation of the sewer line on his property. Seconded by Mrs. Paino Motion Unanimously Carried Committee Reports Mrs. Ballard, Building and Housing, reported on the bids for the Town Hall which were opened the 27th of September, 1984 and are now being reviewed by Hayward and Pakan; the total bid including all phases came in at $1,200,000.00 which was a figure higher than the Town Board expected since the cost estimate submitted by the firm of Hayward and Pakan was $950,000.00. The Board will review their financial situation and hopefully see their way clear to continuing the project of the new Town Hall. Mrs. Ballard, Aquifer Testing ---reported that the testing project had started and the company was presently working at the Hilltop Well Site; the drilling rig was brought in last week to drill the monitoring well which will be used at Hilltop when they do the actual testing. While the drilling rig is available Dunn Geoscience intends to install two observation wells in Rockingham Everything seemed to be going smoothly according to Mrs. Ballard. She thanked Mr. Croshier for his assistance in clearing the site to move the drilling rig; he responded very quickly when he was called to help out with the problem. There were no further reports from the Board Members, however, at this time they all expressed their concern and disappointment that the bids on the Town Hall were substantially higher than the cost estimate submitted by Hayward and Pakan and all concurred that there would be no action taken on the bids until they reviewed this situation with Hayward and Pakan. MR. INCORONATO moved to direct a letter to Charles Liscum of the firm of Hayward and request an explanation of why their cost estimate was substantially lower than the lowest bid on the construction of the new Town Hall. Seconded by Mrs. Paino Motion Unanimously Carried Resolutions ---- The following resolutmon was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, the sum of $3,000.00 be and is hereby appropriated from Parklands Deposit Trust Account for Morris & Andros for professional services rendered in relation to the concession addition for Robinson Lane. Seconded by: Councilwoman Ballard Roll Call Vote: 5Ayes 0 Nays The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, that all delinquent water and sewer bills in arrears as of November 9, 1984 in: Oakwood Water District, Central Wappinger Water Improvement Area, Fleetwood Water District, Tall Trees Water Improvement Area, Ardmore Water Improvement Area, Watch Hill Water District, Wappinger Sewer Improvement Area #l, Wildwood Sewer District, Rockingham Farms Sewer District, in the Town of Wappinger, be forwarded to the County of Dutchess to be placed on the Tax Rolls of 1985. A list of all delinquent charges will be forwarded to the County on November 14, 1984. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays The next item to be considered was the bids for the Town Hall which had been discussed during Committee Reports. A vacancy existed on the Board of Assessment Review due to the expiration of Joseph Bracone's term on September 30, 1984. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, that Raymond Belding, be and he is hereby appointed as a member of the Board of Assessment Review to fill the vacancy created by the expiration of Joseph Bracone's term, and it is further RESOLVED, that the said Raymond Belding is hereby appointed to the said Board of Assessment Review for a term which shall expire September 30th, 1989. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays A memo was received from Hans Gunderud, Building Inspector recommending that a $10.00 fee be charged for requests for Certificate of Occupancy status information from realtors, title search companies, attorneys, banks, etc. MR. VERSACE moved to establish a $10.00 fee schedule for Certificate of Occupancy information as recommended by the Building Inspector. Seconded by Mrs. Paino Motion Unanimously Carried A recommendation on the Special Use PermitAmendmentshad been received from the County today since the public hearing on this Ordinance was originally scheduled for October 1st, 1984 prior to the Town Board Meeting. Mr. Incoronato recommended that the Attorney review these recommendations prior to revising the amendments and the matter be tabled to the October 15th, 1984 meeting. MR. INCORONATO moved to table action on the Amendments to the Special Use Permit to the October 15th, 1984 meeting pending review and recommendation of the Dutchess County Planning Report by the Attorney. Seconded by Mrs. Paino Motion Unanimously Carried Under Unfinished Business, a letter was received from Mr. Sailer regarding his request to rezone his 16.7 acre parcel of land on Kent Road from R-40 to R-20. This request had previously been discussed with the Town Board at a work shop session on September 20th, 1984. Mr. Sailer was present and thanked the Board for addressing this matter at the work shop meeting. He briefly reiterated the arguments presented at the work shop to justify his rezoning request some of which were that the surrounding properties were zoned R-20 and the property is served by public water and sewer which according to Mr. Sailer would be more consistent with the master plan (smaller lots if served with public utilities). He pointed out that there did not seem to be any objection to this proposal at the work shop discussion. Contrary to Mr. Sailer's opinion, Mrs. Paino commented that the Board has discouraged down zoning in the past mainly due to the residents' preference that they live in spacious settings rather than city type ones on smaller parcels and the parcel Mr. Sailer was speaking of tended to be a wet area which would not be condu- cive to building additional homes. MRS PAINO moved to deny Mr. Sailer's request to rezone the 16.7 acre parcel located on Kent Road from R-40 to R-20 for the above stated reasons. Seconded by Mrs. Ballard Motion Unanimously Carried The matter of the water line dedication from Pizzagalli Develop- ment Company ,to the Town had been tabled from the last meeting for review of the map by the Attorney and the Engineer. Mr. Kessler reported that he had discussed this with Mr. Schner from that firm who agreed to forward a map to the Engineer for his review. Mr. Evangelista had just received this document and had no chance to report his recommendation. Mr. Versace tabled the 'matter to the October 15th, 1984 meeting. A second letter was received from Leo Ritter, Attorney representing Whites Corners Company, Inc. regarding the inequity of the benefit assessment levied on that property and its inability to receive water and sewer facilities. The matter had been referred to the Attorney who had responded to Mr. Ritter and explained that the property must be taxed for benefit assessments since their property in located in these districts; the facilities are available on a first come, first serve basis, Mr. Kessler noted and the Town has not prohibited any connection to the system. Mr. Versace added that the subdivision has received preliminary approval and the application for these services is presently being reviewed by the Dutchess County Department of Health and the Town has no jurisdiction in this matter. The Town is presently conducting an engineering study of Wappinger Sewer Improvement Area #1 to correct some of the problems that exist in that district and these services will not be needed until the subdivision receives their final approval. MR. VERSACE moved to receive the communications from Mr. Ritter and Mr. Kessler and place them on file. Seconded by Mrs. Ballard Motion Unanimously Carried The application for a Special Use Permit on the lands of Montfort had been discussed earlier in the meeting and the matter was tabled pending a report from the D.E.C. MR. VERSACE moved to table consideration of this application for further input from the D.E.C. Seconded by Mr. Incoronato Motion Unanimously Carried to The acceptance of Spring Hill Court as a Town Road had been tabled at the previous meeting for recommendations from the Highway Superintendent and the Engineer. Mr. Croshier reported that the developer had completed the necessary work to his satisfaction including the drainage problem reported by Mr. & Mrs. Jordy on Smith Crossing Road. MR. VERSACE moved to accept Spring Hill Court as a Town Road upon the recommendation of the Highway Superintendent. Seconded by Mr. Incoronato Motion Unanimously Carried At the last meeting the Zoning Administrator was requested to investigate a zoning change on the Redl property on New Hackensack Road and other concerns brought up by Mrs. Zak, a resident of that area; the report had not been received for this meeting. MR. VERSACE moved to request this report from the Zoning Administrator for the October 15th, 1984 meeting. Seconded by Mrs. Ballard Motion Unanimously Carried A response was received from Richard Steller, Dutchess County Department of Public Works regarding Mrs. Small's complaint of damage to the newly paved blacktop in the vicinity of her home on Myers Corners Road. An inspection had been made by his depart- ment and he assured the Board that it would be taken care of. MR. VERSACE moved to receive this correspondence and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried A request had been made by the Town Board to the New York State Department of Transportation for a traffic light at the inter- section of Route 9 and Mesier Avenue in the Village of Wappingers Falls which they felt could be installed prior to the construction of that road. Mr. A. E. Dickson, Regional Director of that depart- ment directed a letter to Mrs. Pattison, County Executive stating that this matter had been reviewed and although they plan to install this signal as part of the major reconstruction of Route 9, it cannot be done at this time due to extensive widening of this road. tl This would also require the acquisition of privately owned property and Mr. Dickson indicated that as soon as the right-of- way requirements have been completed they will proceed with the signal installation. MR. VERSACE moved to receive this correspondence and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried Ona related matter, Mrs. Ballard noted that the portion of Route 9 between the Perkins Pancake House and the intersection of Myers Corners Road and Route 9 had been cleared of some of the debris although it has not been completed. She felt the Town was making some progress with their correspondence since a letter had been sent to the D.O.T. requesting that they clean up that particular area of Route 9. Mr. McCluskey referred to the fact that the telephone poles along Route 9D in Hughsonville have not been moved back although the project has been completed over a year. MR. MCCLUSKEY moved to direct a letter to the New York Telephone Company requesting that they either move these poles back off of the road or remove them. Seconded by Mrs. Ballard Motion Unanimously Carried The Town Justice Court responded to the Board's request to recommend a person for the position of Court Officer for the morning sessions and submitted the name of Arthur Eichler, Sr. MR. VERSACE moved to appoint Arthur Eichler, Sr. as Court Officer for the Town Justice Court as recommended by the Town Justices. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Versace noted that the Benefit Assessment Rolls for the Water and Sewer Districts and Improvement Areas had been prepared by the Assessor and he recommended that the Board consider setting the dates and times for the Public Hearings. MR. VERSACE moved to set the Public Hearings on the Benefit Assessment Rolls for the Water and Sewer Districts and Improve- ment Areas on October 15th, 1984 at 7:00 P.M. and continuing at five minute intervals until completed. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Versace noted that arrangements had to be made for building inspections, etc. in the Town since our Building Inspector, Hans Gunderud, resigned as of September 28th, 1984 and the County had not submitted the Civil Service list for that position. MR. VERSACE moved to appoint John Bennett, Inspector from the firm of Morris and Andros as part time Inspector for the Town of Wappinger on a temporary basis effective October 2nd, 1984. 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. Ballard and unanimously carried. The Meeting adjourned at 9:34 13q1_7_ Reg. Mtg. 10/1/84 CLCUJL Elaine H. Snowden Town Clerk 1