Loading...
1984-09-17 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING SEPTEMBER 17, 1984 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALTRGIANCE TO FLAG 3. ACCEPT MINUTES at.,‘ (9.\ 4 Is -I 4. REPORTS OF OFFICERS: Town Justices Hydrant Report Bldg. Insp.(May, June, July) Receiver of Taxws Sup/Compt thru aug. 31 Fire Inspection Report 5. PETITIONS & COMMUNICATIONS a. Mr. & Mrs. Karasincki request a "Children at Play"sign at corner of Carrell Drive & Rowell Lane b. K. Croshier, H. Supt., re: resurfacing Cedar Hill Rd. over Sewer and Water line installations c. Douglas Schner, for Pizzagalli Dev. Co., Re: Waterline from Hearthstone Drive to Myers Corners Rd. d. Leo M. Ritter, Attny representing Whites Corners Company, Inc. re: Sewer and water availability, and benefit assessment levies, e. Albert Roberts, Attny, re: Mid Hudson Auto Wreckers, Inc. continuing non-conformance f. Resignation of Hans Gunderud as building Inspector for Town g. Notification of Heart Asscn. of Bike-a-Thon on Oct. 7th h. N.Y.S. D.E.C. Notice of failure to submit SPDES Report for Oakwood S.T. Plant. i. Application for Special Permit to Fill - portion of Green Fly by Jo -Mo Realty Corp. referral by Zoning Adm. j. Court Officer request by Town Justices 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Request return of retainage by B/D Contracting (Highway Garage) b/ Transfer request for Recreation accounts c. Transfer request for correction for Coding error d. Adopt Fee Schedule to cover information requests of C.O.'s e -rot r '-L/Xe Pt' 4 4e7/ „ iet elz:t -CO 8. UNFINISHED BUSINESS a. Spring Hill Court - acceptance of road by Town h/ E. Zak inquery re: Red1 property between New Hackensack Rd. & Rte 9. 9. NEW BUSINESS 10. ADJOURNMENT The Regular Bi -Monthly Meeting of the Town Board of the Town of Wappinger was held on September 17th, 1984 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the meeting at 8:05 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Gladys Ruit, Deputy Town Clerk Absent: 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 Meetings of August 6th, 1984 and September 4th, 1984, having previously been forwarded to all Town Board Members, were now placed before them for their consideration. MRS. PAINO moved that the above mentioned Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. McCluskey Motion Unanimously Carried Reports were received from the Town Justices, Hydrant Report, Receiver of Taxes, Fire Inspection Report for the month of August, Supervisor/Comptroller thru August 31, 1984 and the Building Inspector for May, June and July. Mr. Incoronato observed that the Justice Court reports showed a minimal amount of fines collected by the Town Justices for the various violations handled by the court. He also requested the Highway Superintendent to reflect activities of his department other than hydrant repairs and maintenance in his monthly report. MRS. PAINO moved to accept the reports and place them on file. Seconded by Mrs. Ballard Motion Unanimously Carried a - A request was received from Mr. & Mrs. Karasincki for a (Slow: Children at Play) sign at the corner of Carroll Drive And Rowell Lane. Mr. Croshier informed the Board that he had ordered these signs and will place them at the requested locations when he receives them. Mr. Versace requested that he also put one at Park Hill Drive. MR. VERSACE requested the Highway Superintendent to install Children at Play signs at the corner of Carroll Drive and Rowell Lane and also at Park Hill Drive in the Mocassin Hill Subdivision, when the order he placed for these signs is received. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Mr. Croshier regarding the monies available on the resurfacing of Cedar Hill Road where the water and sewer lines were installed. He questioned whether the contractor would do this work or the Highway Department would complete it. He had indicated previously that his department could do the work for a cost less than the contractor would charge and Mr. Versace pointed out that this would be a saving to the water and sewer districts. MR. VERSACE moved to authorize the Highway Superintendent to resurface Cedar Hill Road, the cost to be divided between WSI#1 and CWWIA and these monies to be transferred to the Highway Department. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Croshier gave a report on the cost of the Highway Department to resurface the road and was requested to forward copy of these figures to the Board. When questioned on the legality of such a transfer, the Attorney found no problem with this procedure. A letter from Douglas Schner, Pizzagalli Development Company to Attorney Bernard Kessler was forwarded to Mr. Versace, regarding the dedication of a waterline installed by Pizzagalli from Hearthstone Drive to Myers Corners Road. The Attorney disclosed the fact that he had just received another map from Pizzagalli and recommended that he discuss this matter further with the Engineer. MR. VERSACE moved that the map submitted to the Attorney by the Pizzagalli Development Company be reviewed and discussed by the Attorney and the Engineer and a report be submitted by them at the October 1st, 1984 Town Board meeting. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Leo Ritter, Attorney representing Whites Corners Company, Inc. wrote to the Board concerning sewer and water availability and benefit assessment levies. MR. VERSACE moved to refer this matter to the Attorney for review and recommendation to the Town Board at the October 1st, 1984 meeting. Seconded by Mrs. Paino Motion Unanimously Carried Attorney Albert Roberts wrote to the Town Clerk concerning Mid -Hudson Auto Wreckers continuing non-conformance to prior legislation of the Town of Wappinger. MR. VERSACE moved to go into executive session with the Attorney due to litigation with this firm. Seconded by Mrs. Paino Motion Unanimously Carried The Board went into executive session at 8:25 P.M. The meeting was called back to order at 8:40 P.M. and all five Board Members were present. MR. VERSACE referred this matter to the Attorney for his comments. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Kessler informed the Board that he would obtain the background of this matter from other Town Officials and would then confer with the Attorney for Mid -Hudson Auto Wreckers. Mr. Roberts, Attorney for Mid -Hudson offered his assistance to Mr. Kessler with background information and aerial photos dating back to 1970. The only variance with the current licensing requirements is the recently adopted 100' setback; the prior requirement was 50' setback and Mr. Roberts noted that to his knowledge his clients had complied with the previous Ordinance. MR. VERSACE moved to refer the matter to the Attorney for review. Seconded by Mrs. Paino Motion Unanimously Carried A resignation was received from Hans Gunderud, Building Inspector/ Fire Inspector for the Town of Wappinger, effective September 28th, 1984. MR. VERSACE moved to accept Mr. Gunderud's resignation as Building Inspector/Fire Inspector for the Town, effective September 28th, 1984 and requested the Town Clerk to send Mr. Gunderud a letter thanking him for his services to the Town. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Paino added that she had contacted the Comptroller to request a Civil Service list from the County for the Town to consider. Nicholas Johnson was recognized by the Chair and brought up a statement he had heard that Mr. Gunderud had received pressure from the present Board. He also brought up another item he had heard that a letter was written to Mr. Gunderud and he asked if this communication could be made public. Mr. Versace responded that the Board had not put pressures on the Building Inspector, however, there was controversy on new procedures implemented by the Board which Mr. Gunderud did not always agree with. The letter received by Mr. Gunderud is in his possession and it is up to him if he wants to release it. Mrs. Paino added that Mr. Gunderud performed a valuable service to the Town for 51 years and has been very helpful to her. A letter was received from the Dutchess County American Heart Association informing the Board that they planned to conduct their annual Bike-a-Thon on October 7, 1984, rain date October 21st, 1984 and requesting permission to use the town roads. MR. VERSACE moved to grant permission to the Dutchess County American Heart Association to use our Town roads for their Bike-a-thon on October 7, 1984 or October 21st, 1984 and inform them they should notify the proper police agencies of this event. Seconded by Mrs. Ballard Motion Unanimously Carried The New York State Department of Environmental Conservation wrote to the Board regarding our notice of failure to submit SPDES Discharge Monitoring Report on the Oakwood Knolls Sewer Treatment Plant. Mrs. Paino reported that she met with Michael Tremper of Camo Pollution Control on September llth, 1984 and he informed her that this report was forwarded to the D.E.C. on September 7th, 1984, so this matter has been taken care of. MR. VERSACE moved to receive this communication and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried An application was received from Jo -Mo Realty Corp. for a Special Permit to fill the lands of John Montfort in the area of the Green Fly Swamp. This had been referred to the Town Board by the Zoning Administrator with her report on the matter. MR. VERSACE moved to refer the application to the Conservation Advisory Council and the Engineer to the Town for their review and recommendation to the Town Board at their October 1st, 1984 meeting. Seconded by Mrs. Paino Motion Unanimously Carried The following letter was received from the Town Justices: September 11, 1984 Frank Versace, Town Supervisor Town Board/Town of Wappinger Re: Court Officer Dear Supervisor and Members of the Town Board: Brenda Miller, Court Officer for the Town Court morning sessions is no longer able to perform the duties of Court Officer. We have contacted Mr. Albert Berberich, the other unassigned Court Officer, who has indicated that he is not able to perform these duties on a regular basis for the Court. Would you please advise whether the Town Board would approve for morning sessions an appointment by the Court? Your prompt attention to this matter would be greatly appreciated. Very truly yours, s/ Carl Wolfson Vincent Francese Town Justices MR. VERSACE moved to send a letter to the Town Justices for clarification of their communication and if they have a recommendation for the appointment of a Court Officer for the court morning sessions, please submit this to the Town Board for their October 1st, 1984 meeting. Seconded by Mrs. Paino Motion Unanimously Carried Committee Reports --- Mrs. Ballard, Aquifer Testing in CWWIA, Hilltop & Rockingham sites reported that Dunn Geoscience would begin the testing project at the well sites on September 24, 1984; geologists have been checking statistics at the pump house at Hilltop and reviewing records of Camp Pollution Control. The project will continue through the middle of November and a report is expected the early part of next year. Mrs. Ballard, Building and Housing Committee, reported that she had been informed by Hayward and Pak an that ten companies had picked up bid packages for the Town Hall as of Friday, September 14th, 1984. Bids will be opened at 4 P.M. on September 27th, 1984, will be reviewed and considered by the Board at their October 1st, 1984 meeting. Mrs. Ballard, Election Committee, reported that she and Mrs. Snowden had toured the Town Polling Places on September 7, 1984 to recheck for accessibility to the handicapped. The following four Town Polling Places are inaccessible to these people: Mesier Homestead Town Hall Chelsea School House Imperial Gardens Ward 1, District 1 Ward 1, District 2 Ward 2, District 3 & 4 Ward 3, District 6 The Handicapped are welcome to pick up absentee ballot applica- tions at the Town Clerk's office during working hours or call her office and have a form mailed to them. These applications must be returned to the Board of Elections no later than seven days before Election Day. Voter Registration Days will be October 9th, 3PM - 8PM and October 13th, 1984, 2PM-9PM at the following Polling Places: Ward 1, Town Hall Ward 2, Chelsea School House Ward 3, Myers Corners School Ward 4, New Hackensack Reformdd Church Mrs. Ballard, Recreation Committee, reported that the Recreation Commission met with the Board at last week's work shop session to discuss the report from the Citizens Advisory Committee. Most of the recommendations offered by the Committee were acceptable to the Recreation Commission; they were in favor of hiring a maintenance director for the parks and playgrounds, also approved the circulation of a flier listing their activities to make the residents aware of the programs available and the locations. The Engineer will be requested to determine boundary lines on some of the recreation areas and the Commission plans to look into the possibility of a Town swimming pool this year, come up with a cost estimate and this could be put on the ballot for Election Day in 1985. One more item on recreation ---Town of Wappinger has established the United Football/Soccer Club and at the last count 130 children have registered. Practices and clinic on Saturday, games on Sunday at the Rockingham field. Mrs. Paino, Drainage, reported that the Drainage Study prepared by Cornell University students in 1983 is presently being reviewed by the engineering firm of Morris & Andros which had been requested at a previous meeting by Mr. Hawksley, Chairman of the Conservation Advisory Council. The Town Board will review this report with a representative from Morris & Andros at the end of this year's building season. Meanwhile, the Board has been handling individual drainage problems as they become aware of them. Mrs. Paino, Budget & Finance Committee reported that budgets and work sheets have been received from the Receiver of Taxes, Town Clerk, Assessor, Building Inspector, Zoning Administrator, Planning Board and Zoning Board of Appeals also the water and sewer budgets from Camo Pollution Control. When all budgets have been submitted the Comptroller and Bookkeeper will enter them into the proper line items. The Tentative Budget will be presented to the Town Board at the end of September. The Town Board will meet in work shop session during October with all department heads and when this process is completed the preliminary budget will be drawn adoption will be sometime in mid Mrs. Paino reported that Loretta up for a public hearing; final November. Simon, principal consultant for the Heritage Task Force, Hudson River Valley, presented a check of $1,000 to the Town, a grant to be used for repair and resurfacing of the Chelsea Boat Ramp. MRS. PAINO moved to send a letter to Ms. Simon at the Heritage Task Force thanking her for this grant of $1,000 to the Town and her time and effort she expended for the Town, also copy Deborah Howe, Grants Coordinator, Dutchess County Department of Planning. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Incoronato had no reports for this meeting. Mr. McCluskey had no reports but questioned how the water meter program was tion of the progressing. Mr. Versace responded that the installa- meters residents who have was basically completed except for those not been home or have not been available. They have been notified by the Comptrollers Office that Central Installation Company will follow through with a schedule of appointments with the residents whose homes remain unmetered. The B/D Contracting firm have requested release of their retainage fee on the Highway Garage Extension Contract. Mr. Michael Morris from Morris & Andros wrote to the Supervisor recommending that this fee be released to B/D Contracting and the Highway Superin- tendent has indicated that he approves of this release. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, B/D Contracting has requested the payment of the retainer held in excess of one year, such retainage being for the construction of the Highway Extension Garage, and WHEREAS, the Superintendent of Highways is satisfied the project is completed and the Engineer to the Town, Morris & Andros has verified the project has been completed in accordance with the plans and specifications for such project, NOW, BE IT RESOLVED, the retainer in the amount of $2,515.00 be and is hereby released to B/D Contracting. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays The next resolution was to transfer monies from the recreation budget to the newly created Soccer League in the Town, similiar to Little League, Pop Warner Football and Dutchess County Hockey. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, the sum of $1,000.00 be and is hereby transferred from Account A7140.1, Playground and Recreation Centers to Account A7145.4, Joint Recreation Projects. 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 the sum of $1,710.68 be and is hereby transferred from account B5182.4 to Account A5182.4. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays Note: The above transfer is required as a result of a coding error. The following memo was received from Mr. Gunderud, Building l0 Inspector, dated September 11, 1984 re Fee Schedule for Certificate of Occupancy Information: I would urge the Board to adopt a fee schedule to cover the requests we get for Certificate of Occupancy status information from realtors, title search companies, attorneys, banks, etc. Several municipalities have a fee schedule for the service. The fees range from $5.00 to $10.00 that I am aware of. I would suggest we charge $10,00 and require that the request be submitted in writing to the department. MR. VERSACE moved to authorize the Attorney to prepare the proper resolution for consideration by the Town Board at the October 1, 1984 meeting. Seconded by Mrs. Paino Motion Unanimously Carried The next transfer was a loan from Federal Revenue Funds to General Fund and would be reimbursed at a later date. This was necessary to pay the present bills since the monies invested in C.D.'s would not be available until the 16th of October, 1984. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, the sum of $18,500.00 be and is hereby transferred from Account CF 1990.4 such sum to be transferred to General Fund, Townwide, $11,500.00 and General Fund, Part Town, $7000.00 and BE IT FURTHER RESOLVED, such sums are to be reimbursed to Account CF 1990.4 no later than October 18, 1984. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays A late communication was received from the Zoning Administrator with comments on the Amendments to the Zoning Ordinance re Special Use Permits, which was introduced at the September 4th, 1984 meeting. A Public Hearing was set for October 1st, 1984 on these amendments. Since the Board Members did not have sufficient time to review this memo from the Zoning Administrator they agreed that publication of the Public Hearing should be withheld pending review of her comments. MR. INCORONATO moved to rescind his motion made at the September 4th, 1984 meeting to set a Public Hearing on the Amendments to the Special Use Permits and request the Town Clerk to put this matter on the October 1st, 1984 agenda for the Board's considera- tion. Seconded by Mrs. Paino Motion Unanimously Carried Under Unfinished Business, the acceptance of Spring Hill Court was still pending for a report from the Engineer and the Highway Superintendent. Mr. Evangelista reported that the contractor had done some of the work relating to the Jordy's complaint on drainage problems and recommended that the Board delay action on the acceptance of this road until the work is completed. MR. VERSACE moved to table this matter to the October 1st, 1984 for a further report from the Engineer and the Highway Superin- tendent. Seconded by Mrs. Paino Motion Unanimously Carried At the last meeting a request was received from Mrs. Estelle Zak regarding the rezoning of the Redl property on New Hackensack Road. This was referred to the Zoning Administrator for investiga- tion. To this date no response had been received from her. MR. VERSACE moved to direct a second letter to the Zoning Administrator requesting a response to Mrs. Zak's inquiry on the rezoning of this parcel. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Zak was recognized by the Chair and commented on other violations and complaints she had on the construction going on at the Redl property and Mr. Versace invited her to a meeting with the Zoning Board of Appeals scheduled for next Thursday night at 7:30 P.M. for further discussion of her concerns. Mr. Versace recognized Sandra Goldberg, Wappinger County Legislator and asked her if she had a report on the Legislature activities. Mrs. Goldberg reported that the shoulders on New Hackensack Road will not be completed until next Spring since all projects of the Dutchess County Department of Public Works have been delayed due to flood damage repair. M .Goldberg also reported that the D.E.C. has informed the County that it will be necessary to proceed with Phase II of the toxic waste investigation at the airport landfill site although there is no concern at this time. At the conclusion of her report Mrs. Goldberg answered questions from Councilman Incoronato and McCluskey. New Business --- Mr. Versace asked the Highway Superintendent to check on work being done on the storm drainage at Carmel Heights and the reason for this activity. Mr. Versace noted that a complaint was received from residents from Apple Blossom Lane area off of All Angels Hill Road relating to obstruction of visibility due to the growth of shrubs. Mr. Croshier said it had been trimmed this year but his depart- ment would do it again. Mr. Versace requested that a letter be directed to Commissioner James Spratt, Dutchess County Department of Public Works inform- ing him that the blacktop resurfacing seems to be breaking up in the area of Mrs. Small's residence, 61 Myers Corners Road, on the northerly side between Robert Lane and Spook Hill Road. This is intended to alert Mr. Spratt of this condition so his department can repair it before the cold weather sets in. Mr. Versace's next item was to set a public hearing on the Federal Revenue Sharing Budget. MR. VERSACE moved to set a Public Hearing on October lst, 1984 at 7:30 P.M. at the Town Hall, on citizen input on the use of Federal Revenue Sharing Budget and direct the Comptroller to publish the legal notice in the official newspaper of the Town. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Versace noted that the term of Joseph Bracone, member of the Board of Assessment Review would expire on September 30th, /3 1984. The Town Board has designated October 12th, 1984 a legal holiday to celebrate Columbus Day, however, it has come to their attention that other municipalities, banks, thea school district and the postoffice are closed on October 8th, 1984 in observance of this holiday. It was agreed that the Town designated holiday should be changed to conform with other agencies. MR. VERSACE moved to notify all department heads that October 8th, 1984 will be the designated holiday for Christopher Columbus Day instead of October 12th, 1984. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Paino brought up one more item for the Board's consideration in reference to materials which would be used in the construction of the new Town Hall. MRS. PAINO moved that the Town Clerk send a letter to John Kane, Architect with the firm of Hayward & Pakan requesting that he forward a data sheet on the materials to be used in the new Town Hall to the Town Board Members and the Engineer to the Town. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Ballard noted that she had checked out this matter with Hayward and Pakan previously and they informed her there would be no asbestos material used in the construction. Mr. Versace and Mr. Croshier had investigated a problem of a resident in Wappingers Park Development which they thought could have been caused by Town installation of storm drains. Mr. Croshier reported that the problem was caused by leakage from a dry well system that had been previously installed and this resident is resolving the problem with a contractor. Mrs. Bernice Mills was recognized by the Chair and complained about the messy look of a piece of County land on the corner of Jackson Road and New Hackensack Road which they were apparently using as a landfill and now the public is aware of this fact and they, too are using it for a dumping ground. She had contacted Town Officials and County Officials on this matter but had no luck in requesting that the lands be cleared. MR. VERSACE moved that a letter be sent to Mr. Spratt and Mr. Whited, on behalf of Mrs. Mills and the Town Board expressing their concern on the condition of their parcel of land on Jackson Road and New Hackensack Road being used as a landfill and request that they clear the area or fence it in. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Paino reported that a Town Cleanup would be conducted the last- two weeks of October and the first two weeks in November and an ad would be placed in the local newspaper in the near future. There was no other business to come before the Board. MR. INCORONATO moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The Meeting adjourned at 10:05 Reg. Mtg. 9/17/84 66-Wk Elaine H. Snowden Town Clerk