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1984-09-04 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING SEPTEMBER 4, 1984 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes 4. REPORTS OF OFFICERS 5. PETITIONS & COMMUNICATIONS. a. Judge Francese requests permission to attend mandated training session b. Memo from A. Crosby re: possible purchase of Telephone equipment c. N.Y.S.DOT re: establishing 30 mph for Losee Rd. d. Dutchess Co. Health Dept. re: approval for Sewer collection systems for Kendall Farms Cons. Subd. and Cedar Creek Estates e. Tax Reviews - 4 additional - Scenic Gardens - Brack Const. - Imperial Plaza Partnership & Nussbickel Bros. realty company. f. Memo from Supervisor to Mr. Marcoglese, NYSDEC re: extention of date for Engns reports and evaluation.- re dial.actions for 5 Sewer Systems. g. Memo from Bud Pottenburgh re: reappointment of Jas. Tompkins to Fire Prevention Bureau h. D. County Grants Coordinator re: funds for Aquifer development 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Res. to designate account funds are to be withdrawn from to pay Architects for Town H411 b. Bids for Computor 8. UNFINISHED BUSINESS a. Spring Hill Court - accept as Town Road 9. NEW BUSINESS 10. ADJOURNMENT The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on September 4th, 1984 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the meeting at 8:00 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 public joined with the Town Officials Allegiance to the Flag. for the Pledge of There were no Minutes or Reports to approve for this meeting. A request was received from Judge Francese to attend a mandated training session on October 7th through October 10th, 1984 at the Nevele. MR. MCCLUSKEY moved to grant permission to Judge Francese to attend the training session at the Nevele from October 7th through October 10th, 1984 and all legitimate expenses will be a Town charge. Seconded by Mr. Incoronato Motion Unanimously Carried A Memo was received from the Comptroller regarding the possible purchase of telephone equipment for the new Town Hall and suggesting that the Town Board would like to view the actual equipment in operation at -the viewing facilities of the three companies who submitted proposals ----A T & T Information System, Executone Telecom Systems and Telecommunications System. Mrs. Ballard agreed with this suggestion and offered to contact the three firms to set up a date and time for the Board to view their operations. MRS. BALLARD moved to contact the three telephone companies who submitted proposals to the Town Board and set up a date and for all Town Board Members to view their operations. Seconded by Mrs. Paino time Motion Unanimously Carried A Notice of Order was received from the New York State Department of Transportation establishing a 30 MPH speed limit for Losee Road. This request was made back in November 1982 by resolution of the Town Board and forwarded to the County. Mr. Versace requested the Highway Superintendent to put up the proper signs, but it seemed that Mr. Croshier had already taken care of that matter. MR. VERSACE moved to receive this communication and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried A letter was received from the Dutchess County Department of Health giving approval for sewer to Kendell Farms Subdivision MR. VERSACE moved to receive file. Seconded by Mrs. Paino connection (Oakwood Knolls STP) and Cedar Creek Estates. this communication and place it on Fcur additional Tax Reviews were Scenic Gardens Associates, Brack Plaza Partnership and Nussbickel MRS. PAINO moved to referr these Motion Unanimously Carried served on the Town Clerk: Construction Corp., Imperial Brothers Realty Company. Tax Reviews to the Attorney to the Town to defend on behalf of the Town of Wappinger. Seconded by Mrs. Ballard Motion Unanimously Carried A report from the Supervisor to Mr. Marcogleise of the New York State Department of Environmental Conservation was forwarded to the Board, regarding an extension date of the Engineer's report evaluating our five sewer systems until November 1st, 1984. The report included actions that have been taken and a schedule of future actions to correct problems in these sewer treatment plants to comply with Mr. Marcogleise's letter of MR. VERSACE moved to place this letter on file. Seconded by Mrs. Paino June 4, 1984 Motion Unanimously Carried 3 A Memo was received from Bud Pottenburgh, Chairman of the Town Fire Prevention Bureau recommending the reappointment of James Tompkins, Chelsea Fire District, to the Fire Prevention Bureau for a two year term which will expire in July of 1986. MRS. PAINO moved to confirm the appointment of James Tompkins to the Town of Wappinger Fire Prevention Bureau for a two year term which shall expire in July of 1986. Seconded by Mr. McCluskey Motion Unanimously Carried Approval was received from Dutchess County for the 1983 and 1984 Consortium Funds, both projects for Aquifer Development; Deborah Howe, Grants Coordinator indicated in her letter to Mr. Versace that the Town is authorized to expend these funds. MR. VERSACE moved to receive this communication and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried Mr. McCluskey was concerned that if the money was not utilized for aquifer testing the Town could lose it. Mrs. Ballard responded that she had talked with Ms. Howe who had explained that this money could also be used to follow up on the aquifer testing, for instance if the test revealed that water was available they would follow through and drill wells for the water ---this was the procedure the County expects the Town to do. Under Committee Reports, Mrs. Ballard, Health and Safety, asked the Town. Board to consider a problem dealing with health and safety of the community. At last Wednesday night's meeting with the NYSDOT regarding the expansion of Route 9, other concerns were discussed at the conclusion of the meeting. The first concern was the lack of signals designating a left turn from Myers Corners Road on to Route 9 south (traffic light at intersection of Route 9 and Myers Corners Road) and secondly, turning left from Middlebush Road on to Route 9 north. She felt this presents a dangerous sit uation since there is a great deal of traffic congestion at 4 that intersection and it is a highly traveled one. This condition will also become compounded when our new Town Hall is occupied on Middlebush Road. Another concern was the messy look of the median on Route 9 between the Perkins Pancake House and the intersection of Myers Corners Road and Route 9. It was Mrs. Ballard's opinion that being a state road it should be maintained and cleaned by the state. MRS. BALLARD moved to direct a letter to Mr. Mignogna, Regional Traffic Engineer of NYSDOT, copies to Albert Dickson, Regional Director of NYSDOT, James Larocca, Commissioner of NYSDOT and James Spratt, Commissioner of Dutchess County Department of Public Works, indicating the displeasure of the Town Board on these items. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Ballard's second report was on the proposed Town Hall. Bids have been prepared by the firm of Hayward and Pakan; they plan to advertise them this week, bid opening at the end of September. Bids will be returned to the Town Clerk; Hayward and Pakan will be represented at the bid opening and the time will be set for the convenience of the Town Board Members so they, too, can be present. Groundbreaking for the building will hopefully be by the middle of October, 1984. There were no Committee Reports from Mrs. Paino, Mr. Incorneto or Mr. McCluskey. Before the agenda moved to Resolutions, Mrs. Ballard recognized Mr. & Mrs. Jordy, Smith Crossing Road, who had previously brought a drainage problem on their property to the attention of the Town Board. They were present to listen to the report of the Engineer and the Highway Superintendent, both of whom had investigated the drainage problem. Mr. Evangelista reported that he and Mr. Croshier had visited the site and reviewed the problem from Spring Hill where the water was generated from down to Smith Crossing Road and on to the Jordy property. It will involve further investigation, but from their first visit it appears there definitely is a problem but it could be alleviated by increasing the size of the present culvert or adding a second culvert either equal in size or larger than the present one. It was their opinion that the Spring Hill project contributed to this problem and Mr. Evangelista had contacted the developer and set up a meeting tomorrow to discuss the possibility of sharing the cost of the solution of Jordy's problem. A further report including the cost estimate of this project would be submitted to the Town Board at the next meeting. MR. INCORONATO moved to suspend acceptance of Spring Hill Court as a Town Road pending the solution of the Jordy drainage problem. Seconded by Mrs. Paino Motion Unanimously Carried This subject was listed under Unfinished Business on the Agenda but since it was relative to the present discussion the motion was acted on. On a. related matter, Mr. Hawksley requested a report from the Engineer on the Drainage Study conducted by Cornell University which had previously been referred to him for review. MR. VERSACE moved to table the Jordy drainage problem to September 17th, 1984 for a further report from the Engineer. Seconded by Mr. McCluskey Motion Unanimously Carried Resolutions The following resolution was offered by COUNCILWOMAN BALLARD who moved its adoption: RESOLVED, the sum of $32,737.29 be and is hereby approved for expenditures relating to theproject of a new Town Hall, such sum to cover 1983 and 1984 past and pending vouchers for payment of services performed by Hayward & Pakan Associates, designated architects for the project, and such expenditures were and are to be paid from the Capital Fund, Town Hall and Buildings Account. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays The second Bids for Computor were opened on August 30th, 1984 by the Town Clerk. (The first bids were rejected due to addi- tional information received in computor field after they were advertised). Mrs. Paino reported that after review and analysis of the four bids received from ASD Office Systems, Anudata, Computerland and Twinax, she recommended that the bid be awarded to Computerland. MRS. PAINO moved to award the contract for Computor Hardware Package #2, except for 512K Memory Expansion (not needed at this time). and Software, which would include Lotus Symphony, DOS 3.0 and Focus from Computorland, Nine Mall Plaza, Wappingers Falls, N.Y. at a total cost of $12,263.00 (Hardware, $10,317.00, Software, $1,946.00). Seconded by Mrs. Ballard Roll Call Vote: 4 Ayes Mr. Incoronato---Abstain Mr. Incoronato explained that he was an employee of I.B.M. and the bulk of the expenditure is for I.B.M. equipment. The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: RESOLVED, that the sum of $18,500.00 be and is hereby transferred from 1983 Surplus Funds to Account Comptroller, Equipment A 1315.2. Such sum to be used towards the purchase of computor hardware, software and related materials. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino explained that other hardware and software would be needed in the near future and they felt it was less bookkeeping to transfer the monies at one time. The following Amendment to the Zoning Ordinance was introduced by COUNCILMAN INCORONATO: BE IT ENACTED AS FOLLOWS: That Section 432 entitled, "Application for a Special Permit" shall be amended to read as follows: 432. Application for a Special Permit "Applicationfor required special permits shall be made to the Zoning Board of Appeals. Each such application shall be examined first and endorsed for completeness by the Zoning Administrator and unless so endorsed shall not be entertained by said Board. The Zoning Board of Appeals (ZBA) shall have original juris- diction for granting special permits based on the suitability of the proposed land use. The ZBA may impose whatever reason- able land use conditions and provisions it deems necessary to reflect the spirit and intent of the town development plan and/or zoning ordinance.. Before ruling on the application, the ZBA may request written comments or a brief advisory report from the PlanningBoard for any concerns they may have regarding the 1 proposed site development plan. Where such requests are made, the Planning Board shall respond to the ZBA within 45 days from the date such referral is received by the Planning Board secretary. All approved special use permits will be subject to Section 450 of the town zoning ordinance for site development plan approval. The Board of Appeals, after public hearing with the same notice required by law for zoning amendments shall, within ninety (90) days of the date of the Board meeting at which such application was originally submitted file with the Zoning Administrator a decision on said application. The applicant may grant extensions of either of the above stipulated review periods provided, however, that any extension of time granted to the Planning Board shall equally extend the time to act for the Zoning Board of Appeals. The Board of Appeals may authorize the issuance of a permit, provided it finds that all of the following conditions and standards stated, but not limited to, have been met:" and BE IT FURTHER ENACTED: That Section 450.1 be amended to read as follows: 450.1 Approval Required "No building permit shall be issued and no structure or use shall be established, other than one (1) one -family dwelling, except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure." and BE IT FURTHER ENACTED: That a new section to be numbered 450.51 be added to read as follows: 450.51 "Following be made to Application to Building Inspector site devebpment plan approval, application shall the Building Inspector for a building permit." MR. INCORONATO moved to set a Public Hearing on the above Ordinance Amending the Zoning Ordinance on October 1st, 1984 at 7:50 P.M. at the Town Hall, Mill Street, Wappingers New York to hear all interested persons. Seconded by Mrs. Ballard Falls, Motion Unanimously Carried Mr. Versace announced that a thank you letter for work done by the Highway Superintendent was received from Dr. Martin Leopold on Plaza Road. The work involved a small road drainage problem in that neighborhood and Dr. Leopold commented that Mr. Croshier was always courteous and efficient. Mr. Versace had just received the letter today and would forward it to the Town Board tomorrow.. He mainly wanted to inform Mr. Croshier that he didn't always receive complaints, this was a thank you letter. Bids on sludge removal was tabled from the previous meeting. The Board checked with Camo Pollution Control and determined that the firm of Lafko Pumping provided satisfactory service in the past. The bids received were as follows: Lafko Pumping $69.75/1000 gallons. Lossee Septic $90.00/1000 gallons Jones $87.50/1000 gallons M & 0 $70.00/1000 gallons MR. VERSACE moved to award the bid for Sludge Removal to Lafko Pumping at $69.75/1000 gallons subject to the following amendments (recommended by Mrs. Paino): that Mr. Lafko provide the Town with a receipt from the site where he deposits the sludge and secondly, that the bid price quoted is a firm price for the contract period. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Paino explained that Mr. Tremper of Camo Pollution Control had informed her that even though the Town contracts for this service, the Town is still responsible for the final destination of the sludge; she was further informed that a previous contract included a clause stating that if the fees are increased for dumping the sludge, the contract fee would also increase. Mr. Versace noted that a complaint was received from Mr. Cinelli Myers Corners Road on a drainage problem behind his home. This was referred to the Highway Superintendent for investigation. At the last meeting Mrs. Estelle Zak questioned whether Herb Red'l had received approval from the County on an access road being constructed on New Hackensack Road. Preliminary indications were that no approval had been given by the County. He asked what the disposition of this matter was, had the Zoning Administrator reviewed the matter., Mr. Versace noted that the County is not going to allow that specific property to put traffic on New Hackensack Road. He had researched another question posed by Mrs. Zak relating to the rezoning of that parcel from residential to commercial and determined when the Zoning Ordinance was adopted in 1980 (the revised plan), that area was changed from residential to commercial. The matter would be discussed when a report was received from the Zoning Administrator probably by the next Town Board meeting. There was no other business to come before the Board. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr. Incoronato and unanimously carried. The Meeting adjourned at 9:06 P.M. Reg. Mtg. 9/4/84 Elaine H. Snowden Town Clerk