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1992-03-23 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MARCH 231 1992 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. Accept Minutes PLEDGE ALLEGIANCE TO FLAG 4. REPORTS OF OFFICERS: Town Justices Receiver of Taxes Bldg. Insp Zng Adm. Dog Control Officer Fire Inspector re: Vacant bldg. on Middlebush Rd. Recreation: Programs Report for 191 Highway Supt. 5. PETITIONS & COMMUNICATION a: Custodian Voting Machine Appointments b. Cablevision Consultant Appointment (Authorize Supervisor to sign agreement) c. Paggi & Martin Correspondence: 1) Hackensack Heights; 2) Sanitary Sewer Lateral Connection; 3) Sewer Use Ordinance; 4) Highway Improvement Survey of Roads ROW's; 5) NYS Dept. of Health Regulations --Groundwater; 6) Pizzagalli Inter- connection; 7) Watch Hill Water District d. Ralph Holt Correspondence: 1) Wappinger United Soccer Club request; 2) Recreation Fees; 3) Approval to spend in excess of $750; 4) Approval to purchase fertilizer; 5) Purchase of Arts & Crafts; 6) Names to be honored on memorial e. Dutchess County Department of Health --Mosquito f. Request from Fire and Bldg. Insp. to attend Code Enforcement Conference g. Matthew D. Rudikoffr Assoc.r Inc. --hazardous waste concern h. Comptroller; 1) Telephone Audit; 2) Permission to set up Capital Project for Oakwood Water; 3) Borrow money from CWW until Bonding takes place i. Le Lighting & Electronic. Inc. --Gloria Morse recognition j. Authorize Engineer to do Mapr Plan & Report for Oakwood Water District 7. BONDS & LETTERS OF CREDIT Schedule from Herb Levenson 8. RESOLUTIONS a. Adoption --easement for Reese Park --authorize Town of Wappinger thru Paggi & Martin and Tri -Muni to go to bid for borings in the necessary area for Phase I construction of gravity trunk lines & Phase II construction of force main b. Local Law #6 regulating traffic and parking --- Introduce and set Public Hearing C* SEQRA Repeal d. Alpine Rezone e. Capollino Rezone f. Authorize Paggi & Martin to go to bid for test borings for Phase II Rockingham 9. UNFINISHED BUSINESS a. Highway --Removal of freon-Bulk Pick Up b. Satellite Investments Deed c. Renaming Old State Road 10. NEW BUSINESS a. Elk Lodge --renewal of liquor license ?�- RM32392 The Regular Meeting of the Town Board of the Town of Wappinger was held on March 23, 1992, at the Town Hall, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Supervisor Smith opened the Meeting at 7:00 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman June Visconti, Councilman Robert. Wallace, Councilman Elaine H. Snowden, Town Clerk Absent: James Mills, Councilman Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Herbert Levenson, Zoning Administrator The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. The Minutes of the Regular Meeting of February 24, and the Special Meeting of March 9, 1992, having previously been forwarded to the Board Members, were now placed before them for their consideration. MRS. VISCONTI moved that the Minutes of February 24 and March 9, 1992, be and they are hereby approved, as submitted b, the Town Clerk. Seconded by Mr. Wallace Motion unanimously Carried Reports were received from the Town Justices, Building Inspector, Zoning Administrator, Dog Control Officer for the month of February, Receiver of Taxes for January and February, a Report from the Fire Inspector on the vacant building on Middlebush Road and the Annual Program Report for 1991 from the Recreation Commission. n n RM32392 Mrs. Visconti commented that she caould like to see the Building Inspector's "Fees Collected " column broker: down as the Zoning Administrator is nog, doing. MRS. VISCONTI moved to accept the Reports and place them on file. Seconded by Mr. Wallace Motion unanimously Carried PETITIONS & COMMUNICATIONS --- The Board of Elections notified the Board that they had received recommendations from the Republican and Democratic Chairmen of the Town and appointed Nicholas Johnson and James Mills, Jr. as the Republican Custodians for the voting machines and Joseph DeAngelo, Jr. and Joseph DeAngelo for the Democrat Custodians. Mrs. Smith preferred to table the acceptance of these pending a discussion with Councilman Mills. MRS. VISCONTI moved to table consideration of this matter. Seconded by Mr. Wallace Motion Unanimously Carried Mr. Incoronato was recognized by the Chair and spoke of his concern on the appointment of Mr. Mills as a custodian since he is a member of the Town Board who has been digging into the public trough by his absence for the last three months, now he is being considered for another paid appointment. He reviewed past "scandalous" activities of State Officials and "now we have Mr. Mills who does nothing to restore confidence in public officials". This position may not be a conflict of interest legally, however, in his opinion, there exists the perception that. machines could be manipulated by Mr. Mills. He felt the Board should consider this appointment more thoroughly before confirming it.. Mrs. Smith had similar feelings and ,gust so she could put her IS RM32302 Mrs. Smith introduced Michael Dolan, Cable Television Consultant who had submitted a contract for his services to assist the Board in their negotiations with U.S. Cablevision for the franchise renewal. She explained that this had been discussed with the Board and all agreed with the concept of of Mr. Dolan's work and the effort he intended to put forth in order to achieve the renewal of the cablevision franchise for the Town's benefit. Mr. Dolan briefly commented that he would represent the Town in the negotiations with the Cable Company and he would first review the existing franchise to determine if the Town was receiving the proper fees from the company and also the best service. He cited other accounts he had handled, noting that he has been able to recover monies from the cablevision companies for the franchise fees they are obliged to pay the Town and, if necessary he would adjust the language of the contract so that he can address their concerns properly. MRS. VISCONTI moved to authorize the Supervisor to sign the contract with Mr. Dolan, Cable Television Consultant, at a cost not to exceed $5,000 for one year service. Seconded by Mr. Valdati. Motion Unanimously Carried Several correspondences were received from the Engineer to the Town ---the first, in regard to dangerous curves on Hackensack Heights and after inspecting the road, he recommended that in the area of the two vertical curves, "No Parking" signs be mind to rest she did contact Albany for an opinion. She did receive a ruling which says, in essence, that it shouldn't be, although there's to discuss this nothing that with Mr. Mills says it can't be. She intended to see if he will pass on this and if not, they could refer it to the Board of Ethics. Mrs. Smith introduced Michael Dolan, Cable Television Consultant who had submitted a contract for his services to assist the Board in their negotiations with U.S. Cablevision for the franchise renewal. She explained that this had been discussed with the Board and all agreed with the concept of of Mr. Dolan's work and the effort he intended to put forth in order to achieve the renewal of the cablevision franchise for the Town's benefit. Mr. Dolan briefly commented that he would represent the Town in the negotiations with the Cable Company and he would first review the existing franchise to determine if the Town was receiving the proper fees from the company and also the best service. He cited other accounts he had handled, noting that he has been able to recover monies from the cablevision companies for the franchise fees they are obliged to pay the Town and, if necessary he would adjust the language of the contract so that he can address their concerns properly. MRS. VISCONTI moved to authorize the Supervisor to sign the contract with Mr. Dolan, Cable Television Consultant, at a cost not to exceed $5,000 for one year service. Seconded by Mr. Valdati. Motion Unanimously Carried Several correspondences were received from the Engineer to the Town ---the first, in regard to dangerous curves on Hackensack Heights and after inspecting the road, he recommended that in the area of the two vertical curves, "No Parking" signs be /\ IN RM32392 placed on either side of the road which would require the enactment of a Local Law. MRS. VISCONTI moved to authorize the Attorney to prepare a Local Law for No Parking on the specific curves on Hackensack Heights. Seconded by Mr. Wallace Motion Unanimously Carried The second communication from the Engineer had to do with a recommended minor change to the Plumbing Code and place the language in the State Sanitary Code in the Town Code. The change is in regard to the pitch on the sanitary sewer lateral connection and the State Building Code is in contradic- tion with the State Sanitary Code. The Attorney recommended that this be done by enacting a Local Law. MRS. VISC:ONTI moved to authorize the Attorney to prepare a Local Law for the Sanitary Sewer Lateral Connections, as presented by the Engineer. Seconded by Mr. Valdati Motion Unanimously Carried The Sewer Use Ordinance was the subject of the nest letter from Mr. Paggi.; this was discussed at their previous work shop and he had explained to the Board that the Tri -Municipal Commission is required to approve this Ordinance prior to the submittal to the State. This also has to obtain the approval of the State D.E.C. for participation in the State Revolving Loan Fund. He emphasized that this should go to Tri -Municipal as soon as possible since the State requires submittal by April 15th whether the Town has adopted it or not.. The fee schedule has to be determined by the Town Board, however, the Engineer pointed out that: this c -an be done yearly and does not have to be amended prior to going to Tri -Municipal; they are primarily concerned with the contents of the Ordinance to make V RM32392 sure that people will not be allowed to put anything into the sewer that the Commission does not want to treat. MRS. VISCONTI moved to authorize the Supervisor to forward the Sewer Use Ordinance to the Tri -Municipal Commission and the New York State Department of Environmental Conservation, in a timely fashion, for their review and approval. Seconded by Mr. Wallace Motion Unanimously Carried It was agreed that the fees would be discussed at the work shop and can then be included in the Ordinance. Letter #4 --Highway Improvement Survey of Roads ROW's. This was authorized at the January Meeting and the work has been completed. They have discovered that some of the deeds to these roads were never turned over to the Town, so this will need research and further discussion by the Board at a future work shop. MR. WALLACE moved to table pending further discussion at work shop. Seconded by Mr. Valdati Motion Unanimously Carried Letter #5 --New York State Department of Health Regulations -- Groundwater. Mr. Paggi asked that they devote some time to this matter at a special work shop as he would need one to two hours to discuss it with them. New regulations are being implemented by the Federal Government that will have to be complied with by June 29, 1994 and it has to do with making a determination whether the wells, if supplied by municipalities are under the influence of surface water and if so, certain regulations have to be complied with. Mr. Paggi brought up another_ point which the Board might want to consider between now and the work shop is whether they want to continue with Cb RM32392 the project of chlorination detention facilities at Hilltop and Rockingham since it may not now be applicable. The Health Department feels that the Town should hold off doing that stork until. it is determined if the wells are under the influence of surface waters. The work is bonded and if it has to be held up for a ,year there might be implications with the receipt of the bond money. This should be referred to the Attorney and to the Comptroller for their recommendation. The last letter referenced the Pizzagalli Interconnection which has recently developed a problem as a result of the Town seeking a release from the owners of the Pizzagalli property regarding short periods of low water pressure, which could be experienced when the pumping station is pumping from Atlas pump to the Central Wappinger Water pump. He urged the Board to try to resolve the problem as the interconnection is crucial to the development of the Town from a water supply point of view. The Supervisor was very firm in her intention to insist on a release since she would not put the Town in a liability such as this and since they were of the opposite opinion, she saw no resolution of the issue. She added that the design is faulty- so there is no way she can accept it without a release to protect the Town. Perhaps the two attorneys can iron this out, but she will still insist. on the release. The final letter -- Watch Hill Water District, the Engineer explained that. the D.E.C. approved a Water Supply Application in April of 1986, allowing the Town of Fishkill to supply- water to the Watch Hill residents of the Town of Wappinger for one year. After that it was required that the Town of Wappinger form a district and file a Water Supply Application with the D.E.C. in order to continue to take water from the Town of Fishkill. This Town has complied with the first condition by forming the Watch Hill Water District by resolution dated the 19, RM32392 9th April 1973; there is a question on the second requirement which the Engineer addressed to the Attorney. The 1973 Water Supply Application allowed the private Brinkerhoff Water System to serve water to the Town residents, however, does the Water Supply Application rights automatically transfer when and if the system becomes municipal which it did in 1986. If the old Water Supply Application still governs, there is nothing further that the Town has to comply with and the process ends. If not, we must apply for a new Application that specifically authorizes- the uthorizesthe municipal water district to obtain or purchase water from the municipal. Brinkerhoff Water System. The Attorney had researched this matter and learned that the Town will have to obtain a new application in order to serve the Watch Hill residents from the Brinkerhoff System and th-sir permit will have to be amended due to information contained in the original application. A letter is forthcoming from the Attorney stating this information. Several communications were received from Ralph Holt, Chairman of the Recreation Commission. The Wappinger United Soccer Club wrote to him concerning the use of additional soccer fields; this will be reviewed by the Recreation Commission. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried The second referenced recreation fees which Mr. Holt felt should be charged for the use of the Town facilities for special events, etc. They proposed an Amendment to the eNisting Town Policy for Recreation Fees, as follows: $10.00 single use of a bal.lfield $50.00 1 day event, 100 + participants $50.00 1 team's season use of field, regularly RM32392 Mrs. Visconti explained that the Commission is receiving many requests for ball fields and other facilities and realize that the original fee schedule does not cover these items so as the need arises and requests are received the Commission is endeavoring to set a fair schedule for the use of the Town facilities. MRS. VISCONTI moved to accept the recommendation of the Recreation Commission to amend the Town Policy for Recreation Fees. Seconded by Mr. Valdati Motion Unanimously Carried The third request was for Board approval to spend monies in excess of $750.00 -- purchase of 8' slide for Spook Hill Park, 1 metal 8' table for Castle Point, steel forms for 2 bleachers Castle Point and wood for the seats. MRS. VISCONTI moved to approve the request of the Recreation Commission for expenditures of over $750.00. Seconded by Mr. Valdati Motion Unanimously Carried Another request, was for a P.O. in the amount of $832.40 for fertilizer for the Town Parks; the allocation for this item in the budget is $2,500.00. MR. VALDATI moved to approve the P.O. for the Recreation Commission in the amount of $832.40 for fertilizer. Seconded by Mr. Wallace ,Motion Unanimously Carried Another request for P.O's. totaling $4,000 for the purchase of Arts and Craft Supplies for the six Summer Playground sites. MRS. VISCONTI moved to approve P.O's. totaling $4,000 for the supplies for the Town Summer Program, as requested by the Recreation Commission. Seconded by Mr. Wallace ."Motion Unanimously Carried M RM32392 Another Memo from Mr. Holt referred to the procedure they recently established, approved by the Town Board, for honorin-g certain citizens affiliated with the Town Recreation who were deserving of recognition. They submitted the following names to be placed on the stone memorial at Robinson Lane: George Schlathaus E. J. Post Alfred "Gene" Maier Thomas B. Fedoush Jeannette T. Pallino Jason E. Smith MRS. VISCONTI moved to approve the recommended names submitted by the Recreation Commission and authorize the Chairman to make arrangements to have these names placed on a stone memorial at Robinson Lane. Seconded by Mr. Wallace Motion Unanimously Carried Notification was received from the Dutchess County Department. of Health that their Budget has made no provisions for a Mosquito Control Program and the equipment has been dispersed, the personnel deleted. They will therefore be unable to offer a Mosquito Control Program on a contracted fee-for-service basis for. the 1992 Summer Season. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried A request was received from the Building Inspector and the Fire Inspector to attend the annual Hudson Valley Code Enforcement Officials Educational Conference to be held on May 4, 5, 6 at the Ramada Inn in Poughkeepsie. This is a required course for both Inspectors. MR. VALDATI moved to approve the request from the Building RM32392 Inspector and Fire Inspector to attend the three day course at the Ramada Inn, and all legitimate expenses will be a Town charge. Seconded by Mrs. Visconti Motion Unanimously Carried The firm of Matthew Rudikoff Associates, Inc. forwarded a letter to the Supervisor re Subdivision Regulations. Mrs. Smith explained that he was alerting us to the fact that if we receive land from donations, recreation fees, etc. it should be checked to make sure it is environmentally safe and there are no hazardous wastes on the property-. In some cases it is obvious, the Engineer pointed out, however, when he walks a property, these signs are not always visible and the wastes could be present. All agreed this needed further discussion at a future work shop. A Memo was received from the Comptroller, ?nn Buckley regarding an audit of the Town's telephone service charges by a telephone audit company. Mrs. Buckley was present to speak to the Board and the public on this service. Two companies have submitted proposals to perform this service -- Starcom Associates, Inc. and Tele- communication Resources of N.Y., Inc. They will both do the audit at no cost to the Town, if an overcharge is found, 50% will go the Town and 50% to the company. If no overcharge is found, there will be no charge to the Town for this audit. The difference between the two companies is that Telecommunication contract calls for 50% of any reduction for an additional 48 months, whereas, Starcom Associates only request 50% of any current billings and all future reductions belong to the Town. R^132392 MRS. VISCONTI moved to authorize the Supervisor to sign a contract with Starcom Associates, Inc. for a telephone audit. service, as recommended by the Comptroller. Seconded by Mr. Valdati Motion Unanimously Carried A second Memo from the Comptroller was in reference to a capital project for the Oakwood Water District which required preparation by our professionals to obtain bonding. The project was an emergency replacement of the hydropneumatic tank at the Oakwood Water Plant, at an approximate cost of $30,500.00 MR. VALDATI moved to authorize the Engineer to the Town to prepare a Map, Plan and Report for this project. Seconded by Mrs. Visconti Motion Unanimously Carried MRS. VISCONTI moved to authorize the Attorney to the Town to make application for bonding the capital improvement for an existing district. Seconded by Mr. Wallace Motion. Unanimously Carried MR.. VALDATI moved to authorize the Supervisor to borrow monies from Central Wappinger Water Improvement Area for the capital project for the Oakwood Water District until the bonding monies are received. Seconded by Mrs. Visconti Motion Unanimously- Carried Mrs. Smith requested thatthe following letter be read into the Minutes, relating to the professional conduction of our Justice Court: Le Lighting & Electronics, Inc. March 5, 1992 Market Street, Industrial Park Wappingers Falls, N.Y. 12590 Supervisor Connie Smith Town of Wappinger 20 Middlebush Road Wappingers Falls, N.Y. 12590 Dear Supervisor Smith: On the morning of Tuesday, February 25, a matter pertaining to one of my employees caused me to spend two hours in the N RM32392 Court of Judge Morse, Town of Wappingers. As a twenty-year veteran of the New York City Police Department, I have spent many long hours in both Traffic and Criminal Courts. My experience last Tuesday prompted me to express my admiration and respect for the manner in which the presiding Judge conducted the proceedings. Judge Morse was as professional as any Judge in the City of New York and she and her staff deserve commendation. Sincerely, s/John Fedigan The Board expressed their appreciation on hearing about the "good things" of our Town. Mrs. Smith mentioned that a copy of the letter was sent to Gloria Morse and she took the liberty of sending a letter of congratulations to Judge Morse from the Supervisor and the Town Board. MRS. VISCONTI moved to accept the letter and place it on file. Seconded Mr. Valdati Motion Unanimously Carried COMMITTEE REPORTS --- Mr. Valdati, Recycling, reminded the public that the items they are recycling should be washed before they throw them in the bins especially to avoid the yellow jackets that are now showing up. This could be a health hazard to the people working at the Center and also to the other residents. He commended the Highway Department for the work they have done over the past few days clearing the roads during the inclement snowy weather we have been having. He referred to the sand and salt that has been used to keep the roads safe and asked that this be cleaned off as soon as possible as it presents a hazard to those who do recreational riding (motorcycles, bicycles etc.) Mrs. Visconti, Dial -A -Ride, service to Castle Point scheduled for Tuesdays and Fridays and the Get Away line goes Wednesdays and Fridays, so they will take a look at the duplication on Fridays to see if it is warranted. At present they do not have a dedicated vehicle to Castle Point so they are handling this on RM32392 a request basis but should the demand increase they are will.ing and able to handle it. Health Insurance Premiums ---Mrs. Visconti recommended after deliberation and in fairness to all Town employees, that the Town notify the group of retirees receiving 100% paid health insurance premiums that a change in Town procedure is being implemented. Effective January- 1, 1993, the basis for the payment of health insurance premiums will be cost sharing based on the schedule of years of service in the Town prior to their retirement which was adopted by the Town Board on January 2T, 1992. Mrs. Smith felt this was fair for both the past retirees and the upcoming ones to receive the same benefits. This would be put to a vote under "Resolutions" later on the _agenda. Mr. Wallace, Elections, announced that there could be a Democratic Primary in the Town of Wappinger on April T, 1992, from 12 Noon to 9 P.M. Mrs. Smith, Tri -Municipal Meeting --trying to recoup some mone; from change orders before Wappinger. She insisted that they put in the record if they recoup any monies Wappinger will benefit from it. She also reminded the Commission they are looking for excess capacity and others should not be let in Tri -Municipal as Wappinger has first option. She and our former Councilman, Victor Fanuele, take turns going to these meetings to make sure they know what's going on. Mrs. Visconti, Recreation, spoke of the performance of The West Point Band at Ketcham High School and it was an excellent evening. The only "damper" was that there was water leaking from the roof on to the stage and when they went to find the custodian, he was asleep. She has spoken to the School Board on this matter and at this point they are not happy with her, nor is she happy with them. There has been no response from them since then so she suggested that people get involved with 4� RM32392 school boards. BONDS/LETTERS OF CREDIT --- - This is a monthly report from the Zoning Administrator indicating the current Bonds and Letters of Credits for the various Subdivisions and their expiration date. Subsequent to the preparation of this report, a commitment was received from the Bank of Boston for the bond on Red Hawk Hollow Subdivision extending the bond to April 15, 1992. MRS. SMITH moved to accept the Report and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried RESOLUTIONS --- The Attorney forwarded a Resolution for easement and test borings through Reese Park relating to the Wappinger Sewer/ Treatment Improvement. The following Resolution was moved by COUNCILMAN V_1LDATI and seconded by Councilwoman Visconti: WHEREAS, the Town Board by resolution adopted on the 27th day of January, 1992, requested the New York State Legislature to authorize, by special legislation, an easement for the construction of a sewer trunk line through Reese Park, in accordance with a survey map prepared by Paggi and Martin, entitled "Proposed Easement, Reese Park, Wappinger Sewer Transmission/Treatment Improvement" dated May 31, 1992 and last revised on January 8, 1992; and WHEREAS, it has subsequently been determined that a portion of the sewer trunk line and appurtenances is to be constructed by the Tri -Municipal Sewer Commission through Reese Park, as more particularly described on a survey map prepared by Paggi and Martin, entitled "Proposed Easement, Reese Park, Wappinger Sewer Transmission/Treatment Improvement" dated May 31, 1991 and last revised on February 24, 1992; and WHEREAS, the New York State legislature must authorize the grant of easement to the Town of Poughkeepsie and the Village of Wappingers Falls on behalf of the Tri -Municipal Sewer Commission and WHEREAS, the engineers for the Tri -Municipal Sewer Commission and the engineers to the Town of Wappinger have both requested permission to conduct test borings in the proposed easement areas in Reese Park in furtherance of the future construction and installation of the sewer trunk line; and NO RM32392 WHEREAS, John Hamilton, counsel to the Committee on Local Government has indicated it may not be necessary for the New York State Legislature to authorize a grant of easement to the Town of Wappinger on behalf of the Wappinger Sewer Transmission/ Treatment Improvement, because the Town is already the owner of said property, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS; 1. The Town Board hereby amends its earlier resolution of January 27, 1992 to further request the New York State legislature to pass enabling legislation to permit. the Town to grant to the Town of Poughkeepsie and the Village of Wappingers Falls on behalf of the Tri -Municipal Sewer Commission an easement for the construction, installation, and maintenance of a sewer trunk line through Reese Park as more particularly set forth on a certain survey map prepared by Paggi and Martin, entitled "Proposed Easement, Reese Park, Wappinger Sewer Transmission/Treatment Improvement dated May 31,1991, last revised on February 24, 1.992, in the form of easement attached to this resolution. 2. The Town Board further authorizes the Tri -Municipal Sewer Commission and Paggi & Martin, Engineers to the Town, to conduct test borings in the easement area through Reese Park, and elsewhere, as needed, in furtherance of the construction and installation of a sewer trunk line. 3. Upon receipt of the appropriate legislation, Constance 0. Smith, Supervisor, is hereby authorized to execute Grant of Easement in favor of the Town of Poughkeepsie and Village of Wappingers Falls on behalf of the Tri -Municipal Sewer Commission in for the form annexed hereto. Roll Call Vote: 4 Ayes 0 Nays Councilman Mills ---Absent The following Resolution was moved by COUNCILWOMAN VISCONTI and seconded by Councilman Wallace: WHEREAS, the Town Board has recently received a recommendation from the Superintendent of Highways to establish the following full stop streets: Baldwin Drive at the southeast corner of its intersection with MacIntosh Lane; Applesauce Lane at the southeast corner of its intersection with MacIntosh Lane; Smith Crossing Road at the southeast corner of its intersection with Maloney Road; and HiView Road at the southeast corner of its intersection with Valley Road approaching from the south. WHEREAS, the Town Board has determined that it is in the best interests of the public health, welfare and safety of the people of the Town of Wappinger to designate and formally establish the aforementioned full stop streets, I RM32392 NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS; 1. The Town Board hereby introduces for adoption a Local Law of the Year 1992 in the form annexed hereto. 2. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related title 6, Part 617-NYCRR. 3. The Town Board has caused to be completed Part 1 and Part 2 of the short form EAF for this project, in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in 617.11 NYCRR and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby issues a Negative Declaration of Significance for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and further directs the Town to provide for the filing and distribution of same as provided by law. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of this Local Law of 1992 to be held at the Town Hall on the 27th day of April 1992 at 6:45 PM o'clock in the afternoon and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. Roll Call Vote: 4 Ayes 0 Nays Councilman Mills ---Absent A LOCAL LAW AMENDING LOCAL LAW #6 OF 1991, REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF WAPPINGER. ---------------------------------------- COUNCILWOMAN VISCONTI introduced the following Local Law: Section 1. Additional Full Stop Streets. Section 3 of Local Law #6 of 1991, a Local Law Regulating Traffic and Parking Within the Town of Wappinger is hereby- amended by the adoption of the following additions, revisions and amendments, to wit: the addition of the following designated full stop streets and intersections: Baldwin Drive at the southeast corner of its intersection with Macintosh Lane;'" Applesauce Lane at the southeast corner of its intersection with MacIntosh Lane; Smith Crossing Road at the southeast corner of its intersection with Maloney Road; and HiView Road at the southeast corner of its intersection with Valley Road approaching from the south. 19, RM32392 Section 2. Ratification Except as specifically modified and amended by the adoption of the additions, revisions, modifications and amendments set forth above, Local Law #6 of 1991, "A Local Law Regulating Traffic and Parking Within the Town of Wappinger", as from time to time otherwise amended is hereby ratified, confirmed and readopted. Section 3. Severability. In the event any portion of this Local Law is declared to be unenforceable by a Court of competent jurisdiction, all of there remaining portions shall continue in full force and effect. Section 1. Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. The following Resolution was moved by COUNCILWOMAN VISCONTI and seconded by Councilman Wallace: WHEREAS, the Town of Wappinger has previously enacted Local Law #2 of 1977 entitled "Environmental Quality Review" which Local Law supplemented SEQRA Regulations and NYCRR Part 617; and WHEREAS, Local Law #2 of 1977 mandates that all environmental impact statements must be prepared for all "Type I Actions"; and WHEREAS, Raymond Arnold, Town Planner, and the Town Planning Board have recommended that portions of Local Law #2 of 1977 be repealed because it is their determination that all "Type I Actions" do not necessarily require the preparation of an Environmental Impact Statement (EIS); and WHEREAS, Joseph E. Paggi, Jr., P.E., Engineer to the Town of Wappinger, has recommended that the supplemental list of "Type I Actions" and/or. the "thresholds" as set forth in Local Law #2 of 1977 and in Local Law #2 of 1986 be retained; and WHEREAS, the Town Board concurs with the recommendations given by the Town Planner, Town Planning Board and Engineer to the Town and hereby intends to repeal and rescind those portions of Local Law #2 of 1977, as amended, that mandate the preparation of an EIS and amending said Local Law so that the list of "Type I Actions" and "thresholds" are retained, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS; 1. The Town Board hereby introduces for consideration of its adoption a proposed Local Law of 1992, amending Local Law =2 of 1977, as amended as set forth above. 2. The Town Board has reviewed the intended action with respect to the criteria set forth in 6 NYCRR, Part 617.11 and with respect to the provisions set forth in Local Law No. 2 of 1977, as amended, and hereby determines that the intended action is an Unlisted Action and an action for which there are no other 0� RM32392 involved agencies. 3. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related title 6, Part 617-NYCRR. 4. The Town Board has caused to be completed Part 1 and Part 2 of the short form EAF for this project, which is annexed hereto. 5. The Town Board has reviewed the intended action with respect to the criteria set forth in 617.11 NYCRR and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby issues a Negative Declaration of Significance for this project. 6. The Town Supervisor is hereby authorized to execute Part 3 of the short form FAF and further directs the Town Clerk to provide for its filing and distribution as provided by lac.. 7. The Town Board of the Town of Wappinger hereby schedules a Public Hearing regarding the adoption of the annexed Local Law for 6:35 PM on the 27th day of April, 1992, and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said Public Hearing date. 8. The Town Board further directs the Town Clerk to act as follows with regard to the proposed Local Law: a. To distribute a copy of this Resolution, the annexed proposed Local Law, and the Public Hearing notice to the Town of Wappinger Planning Board for their review and comment to be received prior to said Public Hearing. Roll Call Vote: 3 Ayes Councilman Valdati --- Nay Councilman Mills -----Absent A LOCAL LAW AMENDING LOCAL LAW #2 OF 1977 ENTITLED "ENVIRONMENTAL QUALITY REVIEW -------------------------------------------- SUPERVISOR SMITH introduced the following Local Law: SECTION 1. Article II "Lists of Actions" is hereby amended to read as follows: Article II Classification of Actions Section 20: Type 1 Actions Pursuant to the authority vested in the Town under Title 6 NYCRR Part 617.4(e) and 617.12, the Town of Wappinger hereby identifies the following actions or projects as Type I Actions because they carry with them the presumption that they are likely to have a significant. effect on the environment and, therefore, they are more likely to require the preparation of an EIS than Unlisted Actions: 9� RM32392 A. Construction of new (or expansion by more than 50 percent of existing size, square footage or usage of existing): (1) Airports. (2) Public institutions such as hospitals, schools and institutions of higher learning and correction facilities, main office centers. (3) Road or highway sections (including bridges) which require an indirect source permit under 6 riYCRR. Part 203. (4) Parking facilities or other facilities with an associate parking area for 100 or more cars only if such facility would require an indirect source permit under 6 NYCRR Part 203. (5) Dams with a downstream hazard of "C" classification under Environmental Conservation Lata (ECL) section 15-0503. (6) Stationary combustion installations. (7) Chemical pulp mills. (8) Cement plants. (9) Iron and steel plants (10) Primary aluminum ore reduction plants. (11) Incinerators operating at a refuse charging rate exceeding 30 tons of refuse per 24-hour day. (12) Sulfuric acid plants. (13) Petroleum refineries. (14) Lime plants. (15) Bi -produce coke manufacturing plants. (16) Storage facilities designed for or capable of storing liquid natural gas, liquid petroleum gas or other liquid fuels. (17) Sulfur recovery plants. (18) Fuel conversion plants. (19) Process, exhaust and/or ventilation systems emitting air contaminants assigned an environmental rating of "A" under 6 NYCRR 2-- are based upon the toxicity level value (TLV) of such contaminants. (20) Process, exhaust and/or ventilation systems from which the total emission rate of all air contaminants exceeds classification limits RM32392 ME C. established by Dept. of Environmental Conservation. (21) Any sanitary landfill or solid waste disposal system. (22) Any facility*, development or project which to be directly located in one of the following critical areas: (i) tidal wetlands as defined in _article 25 of the ECL; (ii) freshwater wetlands as defined by Local Law #1, 1976; (iii) Flood plains as defined by Article 36 of ECL; (1v) wild, scenic and recreational rivers areas defined in Title 27 of Article 15 of the ECL. (23) Any facility, development or project having an adverse impact on any historic or prehistoric building, structure or site listed on the National Register of Historic Places the Statewide Inventory of Historical and Cultural Resources or Landmarks of Dutchess Co. 1683-1867 as prepared by the Dutchess County Planning Board. (24) Any development, project or permanent facility of a non-agricultural. use in an agricultural district which requires a permit except those listed as Type II actions. (25) Any facility, development or project which would generate more than 600 vehicle trips per hour or more than 4,000 vehicle trips per any eight-hour period. (26) Any industrial facility, which has a discharge flow, from other than incidental purposes. (27) Any publicly or privately owned sewage treatment works which has an average daily design flow of more than 2,000 gallons daily. (28) Lakes or other bodies of water with a water surface in excess of 5 acres. (29) Any mining or resource e -,traction industry. Any funding, licensing or planning activities in respect of any of the types of construction listed in "A" above. The application or use of pesticides for other than agricultural purposes: (1) Rodenticides - use and/or storage in other than incidental use. (2) Insecticides - storage and/or application to more than 100 contiguous acres. (3) Herbicides - use and/or storage in other than incidental use. D. The proposed adoption of comprehensive land use plans, zoning ordinances, buildings codes, comprehensive solid waste plans, state and regional transportation plans, water resource basin plans, comprehensive water quality studies, area -wide waste water treatment plans, state environmental plans, local flood plain control plans, RM32392 and the like. E. Commercial burial, transportation or handling of radioactive materials requiring a permit. F. Any action which will result in excessive or unusual noise or vibration taking into consideration the volume, intensity, pitch, time duration and the appropriate land uses for both the source and the recipient of such noise and vibration. G. Acquisition or sale by a public agency of more than 50 contiguous acres of .land, based upon anticipated use. H. Any other action included in Title 6 - Part 611 NYCRR. I. Construction of new residential units which meet or exceed the following thresholds: (i) in the areas designated as thick glacial till; thin glacial till and exposed bedrock; lacustrine silt and clay; flood plain alluvial or, peat soils and made land on a map entitled "Town of Wappinger, Dutchess County, New York, Surficial Deposits prepared by the Dutchess County Planning Department" adopted b;; the Town Board of the Town of Wappinger on April 7, 1986, the construction of four or more units not to be connected at the commencement of habitation, to community or publicly owned utilities. (ii.) In the areas designated as thick sand and gra�-el and on the said approved "Surficial Deposits" map the construction of twelve or more units not be connected at the commencement of habitation, to community or publicly owned utilities. (iii) In any area of the Town, the construction of fifty or more units to be connected, at the commencement of habitation, to community or publicly owned utilities. K. Construction of new non-residential facilities which meet or exceed any of the following thresholds; or the expansion of existing non-residential facilities by more than fifty percent (50%) of any of the following thresholds, providing that the expansion of the existing facilities, when combined, meet or exceed any threshold contained in this section: (i) A project or action which involves the physical alteration of one or more acres; (ii) A project or action which would use ground or surface water in excess of 2,000 gallons per day; (iii) Parking for 80 vehicles; (iv) A facility with more than 10,000 square feet of gross floor area ; L. Any non-agricultural use occurring wholly or partially within an agricultural district (certified pursuant to Agricultural and Markets Law Article 25 Section 303) which exceeds ten percent (10%) of any threshold established in 6 N.Y.C.R.R. 617.12 or in this local law. M. Any projector action which exceeds twenty-five percent (25%) in 6 N.Y.C.R.R. 617.12 or in this local lac.- occurring wholly or partially within or substantially V RM32392 contiguous to any publicly owned or operated park land, recreation area or designated open space". SECTION 2. Reaffirmation of Type II and Exempt Actions. Except as herein amended, the remaining portions of Article II, specifically "Section 21: Actions, Type II" and "Section 22: Exempt Actions" shall remain in full force and effect and are otherwise hereby reconfirmed. SECTION 3. Partial Repeal. Article III, Article IV, Article V., Article VI, and Article VII of Local Law #2 of 1977, as amended are hereby rescinded and rendered null and void. SECTION 4. SEQRA Regulations Applicable. Except as modified herein, all substantive and procedural requirements set forth in Article VIII of the Environmental Conservation Law and the related Title 6, Part 617-NYCRR shall be applicable. SECTION 5. Separability. The provisions of this Local Law are separable, and, if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not effect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance, to which a Local Law or part thereof is held inapplicable, have been specifically exempt therefrom SECTION 6. Effective date. This Local Law shall take effect immediately. Prior to the introduction of this Local Law there was some discussion between the Board Members to table this to a work shop since it appeared that the copies had not been distributed in time for their review. A motion was made by Mr. Valdati and seconded by Mrs. Visconti to table this matter to a work shop, however, when it was learned that this could hold up action on the next item which was a proposed Local Law for the Alpine Development Rezoning, the motion was rescinded and the Board then agreed to take a ten minute recess to review the Local Law. INV RM32392 MRS. VISCONTI moved to recess the Meeting for ten minutes to review the proposed Local Law to amend Local. Law 42 of 1977 on SEQRA. Seconded by Mr. Wallace Motion Unanimously Carried The Meeting recessed at 8:20 P.M. The Meeting was called back to order at 8:30 P.M., with all four Board. Members present. The Board then acted on the Resolution and introduction of a Local. Law to Amend Local Law #2 of 1977. The following Resolution was moved by COUNCILWOMAN VISCONTI and seconded by Councilman Wallace: WHEREAS, the Town Board has heretofore received an application from the Alpine Company for a change of zoning designation covering a portion of certain premises oc:ned by Va ldemar and Ilse Ivanof f ; and WHEREAS, the subject parcel contains 19 acre: and is presently zoned Residential R-10; and WHEREAS, the application for rezoning covers only a portion of the subject parcel, to wit.: the westerly 10 acres of said parcel., more particularly described in Schedule "A" attached hereto and made part hereof; and WHEREAS, the application for a change of zone requests a change from Residential. R -SIO to Shopping Center (SC); and WHEREAS, the parcel described in Schedule "A" is contiguous to a parcel under option to the Alpine Company (Alpine parcel), which parcel was previously zoned Shopping Center; and. WHEREAS, the Alpine parcel was exempted from the amendments to the Zoning Ordinance adopted by Local Law No. 5 of 1990 and site plan approval has been duly issued by the Planning Board of the Town of Wappi_nger in accordance with the Shopping Center (SC) zoning designation; and WHEREAS, after a comprehensive review of the envi_ronmentai impacts of the proposed shopping center, which included the preparation of a DEIS, and the acceptance of an EIS, the Planning Board determined hat the development of the shopping center would create no significant impacts; and WHEREAS, the Planning Board issued a Findings Statement dated May 30, 1990 based on the information contained in the EIS, a copy of said Findings Statement is attached to this resolution, and the Town Board, after due consideration, conaur'n with and adopts the findings made by the Planning Board in the Findings Statement dated May 30, 1990; and RM32392. WHEREAS, the character of the parcel proposed to be rezoned is such that the relocation of the portion of the proposed center to that parcel would not crate any impacts different than those established by the prior environmental review, none of which were significant.; and WHEREAS, the Town Board desires to formally consider the application of the Alpine Company requesting a change in zone from residential R-40 to Shopping Center (SC) for the premises specifically described in Schedule "A" attached hereto and made part hereof; and WHEREAS, the Town Board acknowledges Local Lai: No. 2 of the year 1977 "Environmental Quality Review" lists the subject application (rezoning) as a Type I Action for which an Environmental Impact Statement must be prepared; and WHEREAS, the Town Board further acknowledges that it is presently considering amendments to said Local Law No. 2 of the year 1.977 which amendments will delete the requirement that an impact statement must be prepared for all Type I Actions. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS; 1. The Town Board hereby introduces for consideration of its adoption, the proposed Local Law of 1992 Amending the Zoning Law of the Town of Wappinger in the form annexed hereto. Except as specifically modified by this proposed amendment and revision, the Zoning Law, originally- adopted by ordinance on the 9th day of July 1979, readopted on the 11th day of March 1980, and as amended from time to time thereafter inclusive of amendments by Local. Law No. 5 of 1991, is to remain in full force and effect and is otherwise to be ratified and confirmed. 2. The Town Board of the Town of Wappinger has reviewed the intended action with respect, to the criteria set forth in 6 NYCRR, Part 617.11 and with respect to the provisions of Local Law No. 2 of 1977 and hereby determines that the intended action is a Type I action pursuant to Local Law No. 2 of 1977 but is an unlisted action pursuant to Part 617 NYCRR. 3. The Town Board hereby- determines that it is the only involved agency in this action and hereby declares itself Lead Agency Pursuant to Article 8 ECL., and the Related Title 6, Part 617-NYCRR.. 4. The applicant has caused to be prepared and completed Part 1 and Part 2 of the long form EAF for this project, in the form annexed hereto. 5. The Town Board has reviewed the intended action with respect to the criteria set forth in 617.11, NYCRR and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby issues a Negative Determination of Significance for this project, for the following reasons: a. The proposed rezoning is consistent with surrounding land uses, and no adverse impacts on existing land uses will result if the property :is developed in accordance with the zoning request; b. In the event the property is developed in accordance with the proposed zoning change: T, k r) RM32392 1. Any traffic impacts may be adequately mitigated with the implementation of the improvements set forth in the Findings Statement. dated May 30,1990; 2. There will be no adverse change in existing air quality; 3. Noise impacts on residential uses in the vicinit;.- will not be significant, and adequate mitigation measures can be implemented to mitigate to construction noise; 4. There should be no impact on the solid waste production because ultimately the development will connect to the Tri -Municipal Sewer Treatment Facility; in the interim an on-site sewage disposal facility will be constructed; 5. Solid waste generated during construction will be transported by a contract hauler to an approved construction and demolition landfill; 6. Solid waste generated on site after the project. is developed will be transported to the Dutchess County Resource Recovery Facility; 7. There will be no substantial increase in potential for erosion, flooding, leaching or drainage problem caused by the rezoning of this parcel; any such changes that would occur if the parcel is developed will be temporary only during construction and. will be mitigated by the mitigation measures set forth in the Findings Statement; 8. The mitigation measures identified in the Findings Statement will mitigate impacts on the visual character of the area; 9. With the respect to community- service and physical and economic impacts, the proposed development of the site will have a significant beneficial impact on area employment opportunities; with respect to public safety, the Board finds that if the project is developed in accordance with the proposed zoning change, adequate public safety- services are available or will be implemented to insure general public safety; 1.0. There will be no local or regional impacts on the drainage; C. In reaching its findings herein, the Town Board has relied on the Environmental Assessment Form and the Executive Summary attached thereto dated March 5,1992, as well as the Findings Statement dated May 30, 1,990. 6. The Town Supervisor is hereby authorized to execute Appendix A to the long form EAF and further directs the Town Clerk to provide for its filing and distribution as provided by law, notwithstanding the contrary provisions to Local Law No. 2 of 1977, which Local Law is under consideration for amendment by this Town. Board. 7. The Town Board further directs that no formal action on this proposed Local Law be undertaken until such time as the RM32392 Town Board has formally acted on the amendments to Local Law No. 2 of 1977. 8. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law for 6:40 p.m. on the 27th day of April, 1992, and the Town Clerk is directed to publish notice thereof in the Town's official newspaper not less than ten days prior to said public hearing date. 9. The Town Board further directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a cops- of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed local law, and the public hearing notice the Town of Wappinger Planning Board for its recommendation prior to said public hearing. Roll Call Vote: 4 Ayes 0 Nays Councilman Mills --Absent A LOCAL LAW AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER -------------------------------------------- SUPERVISOR SMITH introduced the following Local Law: Section 1. The Town of Wappinger zoning map adopted pursuant to Local Law #5 of 1990, is hereby amended by rezoning a portion of a parcel of land presently owned by Valdemar and Ilse Ivanoff from Residential R-40 to Shopping Center (SC), said portion of the Ivanoff parcel being more particularly described in Schedule A, attached hereto and made part hereof, and containing 10 acres of land, more or less. The present owners of the parcel, Valdemar and Ilse Ivanoff, live at Losee Road, Wappingers Falls, New York. The tax grid number of the parcel is: 6157-02-766660. Section 2. This Local. Law shall_ become effective immediately. The next item on Capollino Rezoning was tabled since the information was not received. The Engineer required authorization to go to bid for test. borings for Phase II Rockingham which are required so they can better estimate the quantity of rock excavation that will be required to complete the pipe line work and determine the sub- surface conditions that will be encountered during construction. RM3213 0,2 These will be made part of the contract documents which will eventually go out to bid. MRS. VISCONTI moved to authorize the Engineer to the Town to go to bid for test borings for Phase II, Rockingham. Seconded by Mr. Wallace Motion Unanimously Carried The Supervisor added another item to Resolutions regarding the Health Insurance Policy for retirees. MRS. VISCONTI moved to authorize the Supervisor to send a letter to the people involved advising them that as of January 1993, there will be a cost sharing basis per schedule approved by the Town Board at the Regular Meeting of January 27, 1992. Seconded by Mr. Valdati Motion Unanimously Carried UNFINISHED BUSINESS --- The Highway* Superintendent wrote to the Town Board regarding the designation of Shaker, Travis & Quinn for removal of freon gas from refrigeration units that will be picked up during the annual Spring Bulk Pick-up. This company will give him the best price for this service due to the fact that they can combine their efforts by the Highway storing the units until the company - can do a unit at a time and charge per unit rather than per hour. MRS. VISCONTI moved to authorize the Highway Superintendent to retain the firm of Shaker, Travis & Quinn to remove the freon gas from the refrigeration units that are picked up by the Highway during the Bulk Pickup. Seconded by Mr. Wallace Motion Unanimously Carried By copy of letter from Albert Roberts to Attorney for Satellite Investments dated March 13, 1992, the Board was made RM32392 aware that he is waiting for receipt of revised title report and deed for this parcel so they can be recorded and the field will be available for the Recreation Commission this Spring. He announced that since this correspondence, he has received the deed but it has to be checked and then recorded. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr.. Valdati "lotion Unanimously Carried At the last meeting, the Board addressed a request from the Chelsea Fire Department regarding a name change from Old State Road to Reeves By Pass due to confusion both they and the Hughsonville Fire Department have experienced when answering emergency calls due to the similar names in both fire districts. The Supervisor was authorized to contact the residents of the road to see how they felt about such a change. A petition was received from most all of the residents of that, road urging the Town Board not to change the name to Reeves By Pass Road due to the inconvenience of changing their address on all their documents. In addition, they said they liked the name the wad- it was. Mrs. Smith spoke to the Postmaster General and he suggested that they leave the road name as is because the Postoffice will soon be numbering the homes in anticipation of implementing the emergency= number 911 into our local system. The Chelsea Post - Office will be numbered from 1 to 1,000, then they will skip numbers and start with 3,000 in Hughsonville so the emergency agencies will know just where to go on Old State Road when the calls come in once they are numbered. It is very obvious and definite that the people do not want. the name of Old State Road changed to Reeves By Pass Road, or any other name. MR. VALDATI moved that the name of Old State Road remain as 1 D� RM32392 such and no changes to the road name be made. Seconded by Mrs. Visconti Motion Unanimously Carried Since the Secretary to the Fire Inspector and the Fire Prevention Bureau has resigned, the Bureau requires someone to take the Minutes of their Meetings. The present Data Entry Operator for the Building Inspector has agreed to do this one night per month, if approved by the Town Board. MRS. VISCONTI moved to appoint Judy Paolercio as part-time Secretary to the Fire Prevention Bureau. Seconded by Mr. Wallace Motion Unanimously Carried Since the Board finished the items under Unfinished Business, the Supervisor asked if anyone in the audience wished to speak on anything. One person said there were a group who wanted to get rid of Councilman Mills since he was never there to represent their Ward. Mrs. Smith had written to Albany on this matter and received a ruling from the State Comptroller. It stated that as long as he signs the Oath of Office after he is duly elected, he or any other elected official does not even have to show up for one meeting. She was not aware these people would be present at the meeting but she would give them a copy of the ruling if they wished one. She agreed with them and did not think this was correct but she felt that they had to petition the State Legislators to change this law. She herself vers- strongly about. the situation, noting that the other Members of the Board corked a lot of hours, were present at meetings, were there for the people and they got paid the same as the absent one. It was suggested that she, as Supervisor, and the other members of the Board contact Assemblyman McMillen and Senator Saland and RM32392 request them to introduce a change in this law but Mrs. Smith felt the people would have far more numbers and more impact if they did this rather than four officials. On Mr. Mill's behalf the Supervisor noted that he did have an operation and she felt a month recuperation was sufficient. The residents brought up the fact that they were not being represented by their Ward Councilman and there are concerns such as Oakwood Water problem Tri -Municipal and now there's a golf course being built. Mr. Valdati said they were going under the assumption that the Councilpeople handle their own Wards only, but that's not the way they work. All of them get involved in important matters that are in other Wards because it involves the Town as a whole and that's how they work on this Board. Other comments were made such as Mr. Mills should step down, the Board should ask him to resign, etc. Again, Mrs. Smith explained they cannot do that according to the present law. Mr. Inc_.oronato talked about working with other residents and the Town Board on establishing recall legislation; another party asked if it would do any good to start a petition stating that they would like Mr. Mills to give them some answers on his absence publicly, or maybe the petition signed by constituents in his Ward could be sent to Albany Legislators and would have some pull. Mrs. Smith suggested that they give the petition to Mr. Mills at the next meeting and he could answer their questions --that could be the route to take. Mrs. Visconti commented that she agreed with Mr. Incoronato regarding drafting legislation for recall, not necessarily just for this case, but it would be good to have on the books. Her position is that people should have the right to have their elected officials maintain the highest level of integrity and ethics. That would be the way to go, she felt and she would not be adverse to help the residents with that. There were no other comments made on this matter and. the next item was addressed. Ian RM32392 NEW BUSINESS --- Notification was received from the Wappinger Lodge, Order of Elks, of its intent to renew their liquor license which expires this month. MR. VALDATI moved to accept the notification and place it on file with no comments. Seconded by Mrs. Visconti Motion Unanimously Carried Back to Unfinished Business, the Supervisor was contacted by the New Hackensack Fire District requesting a waiver of hookup fees to Central Wappinger Water Improvement Area as tenants. Their request for the hookup was approved at, the last meeting and they were notified of this. The fee is $500.00 and she recommended. honoring this request since we are paying for it anyway. MRS. VISCONTI moved to waive the hookup fees to the Central Wappinger Water Improvement Area for the New Hackensack Fire District, as requested. Seconded by Mr. Wallace Motion Unanimously Carried Revised Highway Specs were received from Paggi and Martin and they will be reviewed with them at the nextwork shop meeting. There was no other business to come before the Board. MR. WALLACE moved to adjourn the Meeting, seconded by Mrs. Visconti and unanimously carried. The Meeting adjourned at 8:55 P.M. aine H. Snowden Town Clerk