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1989-06-05 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JUNE 5, 1989 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES: Reg, May 1 adjourned to May 4, 1989 Spec. May 15,'89 4. REPORTS OF OFFICERS: Receipt of Supervisors Annual Report by T.C.5/2/89 Sup/Compt report for April Town Justices Zng. Adm. Rec. of Taxes Bldg. Insp. Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. Jerome Cauda & Wm. Buche re: Ketchamtown Rd. Drainage *At ,./b. John Schouten, Ketchamtown Rd., re: losing property for several years �c. Planning Bd. request T/Bd tprthorize Eng. to do study of drainage problems on Ketchamtown Rd.� —V d. Jane Michnowski re: hamlet Court 11)"4fI141' ' /e. Gorden & Frances Cline re: drainage problem on Pine Ridge Drive pa ✓ f. Mr. & Mrs. Wm Hayden re: drainage on Pine Ridge Drive ��$$ g. Roy & Betty Perkins re: drainage from their Pond into Town Culvert- 4i Rob't Cacio re: Water problem at his home 11 Fowlerhouse Rd: it $- i. Robert Ross - RCL Gymnastics •✓j. Geo. Kolb, Village Lake Comm. re: efforts to obtain monies for �/ re -vitalizing Wappingers Lake ) )51x7 - yicc,o -a"c-: v k. Notice of Public Hearings from Town of Poughkeepsie (2) and Town of LaGrange on Zoning Ordinance amendments /1. NYSDOT Notice of ORDER re: installation of Traffic Signal on Rte / 9D at Chelsea and Baxtertown roads H. Levenson requests permission for members of Ping. Bd. & Zng. Bd. & himself to attend Nevele Oct.15-18, and himself to attend Annual Conference of Bldg. Officials 9-27 thru 29th ✓ n. A. Lieberman, Art -Tex Petroleum, Inc., requests permission for additional Water usage at Gas City Station for Car Wash operation o. Elliot Fabri, Pres., Chelsea Homes, Inc. request opportunity to also display ECHO !lousing Unit at Town Hall ✓p. 4 applications for Elawking and Peddling Licenses:V(1) Peter Frank Borzi, Sr. & James Turco, Hot Dog Venders each '(2) Kingsley Oniese.leh, Ice Cream Vendor'(3) Donald Kreitzberg, Stationary sale of Oil Paintings q. Chas. May re: Royal Ridge • r. H. Levenson praises highway Dept. during heavy rains Jay Paggi, Eng. to Town Reports: (1) Drainage at Sherwood Heights/ Parsons et al J(2) Drainage: Antonioll.i, Old Rte 9; 80 Cold Rd.; 7 & 9 Brothers Rd.; 20 Pine 11111 (Rob't Coone); & Bojman, Valley Rd. (3) Sanitary Sewer Easement, hamlet Subd.(4) Cranberry hills Water Supply 6. COMMITTEE REPORTS 7. RESOLUTIONS V a. Consideration of Zoning Ordinance Amendments b. Receipt of ORDER from Audit & Control granting permission to establish Wappinger Pk. Water Dist., and Consider adoption of FINAL ORDER establishing Wappinger Park Water District plc. Authorize payment of current and future Utilities Bills for the Schlathaus house out of Schlathaus Fund \f d. Consider intruduction of Local Laws for. STOP signs and NO LITTERIN3 and amendment of L.L. 113 of '83 (Adding new Paragraph "E') J e. Judge Francese requests transfer of"Personal Services" Funds from Full Time Clerk to Part time Clerk line item Jf. Daniel Curtin, Attny, representing F. & S. Ristorante, Inc. - Notice of Intent to apply for Liquor License g. Consider approval of 2 (TWO) year contract for Raymond Arnold, Town Planner, and authorize Supervisor to sign h. Mr. & Mrs. Benon Koibabka request return of $250 Cash Bond for Driveway apron - w/ recommendation from Bldg. Insp. & H. Supt. Vacancy on Recreation Commission (with 2 resumes) j j. Vacancies on Bd. of Architectural. Review (with one resume) • k. James Spratt, DC Dept. P.W. re: NO PARKING Zone Woodhill Green Apts. v11. H. Levenson recommendation for 30 mph Myers Corners between All Angels and Brothers Roads tr J8. UNFINISHED BUSINESS - CRUIC7 �icR4.5.. wiRC`3. I/O Mgt./ RIM tnlFCC en1010 1410 / %met J(Ct .. Piatl ••e1vI. (cont -6 c, 11. 103 The Regular Meeting of the Town Board of the Town of Wappinger was held on June 5th, 1989, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:35 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr., Engineer John Klarl, Attorney Herbert Levenson, Zoning Administrator The Supervisor asked all to join in the Pledge of Allegiance to the Flag and a moment of silent prayer for our residents. The Minutes of the Regular Meeting of May 1st, the Adjourned May 1st Meeting to May 4th and the Special Meeting of May 15th, 1989, having previously been forwarded to the Board Members, were placed before them for their consideration. MR. REIS moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Smith Motion Unanimously Carried The Supervisor's Annual Report was received by the Town Clerk on May 2, 1989; other Reports received included Supervisor/Comptroller Town Justices, Zoning Administrator, Receiver of Taxes, all for April, Building Inspector for April and May and Hydrant Report for May. MR. REIS moved to accept the Reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Mr. Valdati asked that a letter be sent to George Wells, Dog Control Office requesting that he comply with the required reports. Petitions & Communications A letter was received from Jerome Cauda and William Buche regarding Ketchamtown Road drainage. Both gentlemen were present to speak to the Board on this matter. MRS. PAINO moved to authorize the Engineer to visit the area, review 104 the situation and report to the Board. Seconded by Mr. Reis Motion Unanimously Carried Mr. Cauda asked that they be present when the Engineer reviews the problems so they can show him where the water is seeping out. Mr. Buche noted that the Engineer has been to the site to review the problems and Mr. Paggi agreed that he had been out to these homes at the request of Mr. Croshier, about two days after the heavy rains and they discussed temporary relief rather than permanent solutions. Mr. Buche commended Don McMillen for his help with the water problem and Mr. Croshier's people pitched in and did their part so they, too should be commended. Mr. McMillen asked to be heard and informed the Board that there is something that has changed upstream that has created problems in their backyards. First of all, he continued, development has to be stopped and they have to investigate what is causing the problem. The next item was also on drainage relating to Mr. John Schouten's complaint of losing a good part of his property on Ketchamtown Road. A related matter was a request from the Planning Board for the Town Board to authorize the Engineer to do a study of drainage problems on this road. MRS. PAINO moved to authorize the Engineer to do a study on drainage on Ketchamtown Road. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Schouten was present and proceeded to inform the Board that he was losing his property which was originally 30 acres, through no fault of his own and he would like them to find out why. Over all the years he has lived there, he has never seen more than 6 inches of water on the property. Now approximately one third of the 30 acres is totally inundated under water. He asked the Board to do what they can to find out why the water is there and where it is coming from. Mrs. Paino responded that that is the reason they authorized the Engineer to study the drainage problems on Ketchamtown Road. Jane Michnowski wrote to the Town Board regarding certain items on Hamlet Court they feel should be corrected. Mrs. Paino said they will have a work shop with the Highway Superin- tendent and the residents to discuss the items of concern. The date was 105 set for Thursday, June 15th, 1989 at 8:00 P.M. Two drainage complaints from residents in the same area, Gordon & Frances Cline, Mr. & Mrs. William Hayden, from Pine Ridge Drive. The Engineer had checked this situation and drafted a report to the Town on October 23, 1987 and recommended that they lower the elevation of the existing swale across Pine Ridge Drive and increase the size of the culvert; presently the swale is flat and the culvert does not have a proper grade. When corrected it will allow the water to run off. Prior to doing the work recommended the Attorney should check into the legality of lowering and increasing the size of the road. Mrs. Paino noted that this problem surfaced when the Town had a different Attorney and it has now been referred to the present Attorney for his review. There have been many drainage complaints received not only current ones, but others that have existed for some time and the Engineer has been authorized to compile a list of all the drainage concerns so the Town Board can review them and priortize them. This was started a few weeks ago but since the heavy rains have descended, they have been inundated with drainage problems. They hope to accomplish this within the next few weeks. Mr. Cline was present with a sign language interpreter since his wife had informed the Board previously that he is deaf. She read the following statement: My name is Gordon Cline. I reside on the corner of Pine Ridge Drive and Thornton Place. The water problem has been with us for a long time - water runs from the top of the hill (Pine Ridge Dr. & Dorothy Lane). The water pools up at my property. We need a storm drain between Haydens property and ours to catch the water before it enters my property. The existing culvert pipe south of me needs to be lowered to accomodate run-off and the ditch needs cleaning out. Years ago this ditch was cleaned frequently but not anymore. I've been in touch with the Town Supervisor and an Engineer came out and made recommendations - the Town Lawyer was asked to check the legal end, that was May 1987 - I haven't heard from anyone since. I have pictures to show you. I also want to know if you would put drain deep enough so I could pump my cellar water to it. I wouldn't have to worry about power failure when I'm not home. I see that McCoulough Terrace has deep drains. Mrs. Hayden is working tonite. She asked me to give you pictures. You have her letter. Roy & Betty Perkins wrote to the Board regarding drainage from their pond to the Town culvert, requesting that the Engineer check the spillways to see if they are adequate to handle the water they are getting from Brook Place. MRS. PAINO moved to authorize the Engineer to study this drainage 106 situation. Seconded by Mrs. Smith Motion Unanimously Carried Robert Cacio, 11 South Fowlerhouse Road wrote to the Board appealing for help with a wet basement due to a stream that runs under the road from a northerly direction between #9 and #11. He has spent much money, time and effort to alleviate the problem, but has not been successful. Now that he is a senior citizen, the extra funds are not available to pursue the problem. MRS. PAINO moved to authorize the Engineer to study this drainage situation. Seconded by Mr. Reis Motion Unanimously Carried Mr. Cacio was present and noted that it is not only his house that is affected, there are four other homes on the south side of Fowlerhouse Road that have this problem. They are still pumping their cellars. The next item on the Agenda was a request from Richard Ross, Coach of the R.C. Ketcham Girls Gymnastic Team, to speak to the Board. Mr. Ross thanked Mrs. Paino and Mr. Reis for their time, effort and friendship in helping the team to go to China. Mr. Ross then read a paper relative to the work the team did prior to their trip to China and the time and effort they put into their workouts for the anticipated China competition. He continued his statement on the experience they had, how proud they all are of them, and how they are now sharing these experiences. Since there was a controversy between our Board Members at the last meeting regarding the donation of $2,000 to the team from the Town of Wappinger, this subject was well publicized and Mr. Ross noted that they did not feel this team should be subjected to the publicity of a donation to them. The parents, team members and others in the community have put in money to give back the $2,000 donated by the Town of Wappinger for the team's trip to China. They feel that if all the Board Members were not in agreement to donate this money they are sorry to have been a cause of a political fiasco. Words have been written of the misuse of Town Funds, but little thought has been given about the misuse of the R. C. Ketcham Gymnastic Team. MRS. PAINO moved that the R. C. Ketcham Gymnastic Team be allowed to keep the $2,000 the Town of Wappinger donated to them. 107 Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino requested a Roll Call Vote on this motion and although all voted in favor, each Board Member had a statement with their Aye vote. At first Mr. Farina abstained pending a legal opinion, however, Mrs. Paino asked for the opinion from Mr. Klarl stating that they have had one on numerous occasions. Mr. Klarl read an opinion from Attorney Thomas Wood dated March 23, 1989, relative to a $2,000 donation to the Gymnastic Team for their trip to China --- "The Town Board has the authority to budget funds and to expend funds in the sponsorship of recreational activities which are open to all the residents of the Town. Should the Board determine that this program originally was open and available to the residents of the Town of Wappinger, then it would be my opinion that the Town Board could authorize an expenditure of $2,000 to support this activity". Mr. Farina objected because the issue was not the money being donated, it was the fact that there was no Town Board action. The motion on the floor constitutes action to give them the $2,000 check; previously they did not have such a motion. Based on the fact that it was open to Town of Wappinger residents and it is now a Town Board action, he voted Aye. Mrs. Paino countered that there was no misrepresentation, as Mr. Farina insinuated, since Mr. Wood had indicated to her that there was no resolution required, they could take the funds out of the recreation account and if they fell short later on in the year and they had to make a transfer, then they would need a resolution. The chances that the account would be short were small, since it was a low amount in relationship to the rest of the recreation budget. Mrs. Smith reiterated her statement made at a previous meeting that the Board never did have formal action on this matter, they discussed it at a work shdp and she told this to Mr. Ross after he had received the check; she also told him to make his own decision as to keeping the check, it was entirely up to him. She has always worked with Mr. Ross and helped as much as she could with his Gym Team and she has no problem giving the young girls this donation and voted Aye. Mr. Valdati wished to clarify that this action required no formal Town Boardresolution and the Attorney confirmed that as long as they satisfied the requirement of the program being open to Town residents and the funds are expended from the recreation budget. After hearing this opinion, Mr. Valdati felt it was wonderful that the girls could enjoy the benefits and the donation is made above board and legal according to the Counsel then he has no problem in dealing with this. 108 and he's gratified that the students are not in China at this time. He voted Aye. Mrs. Smith asked the Attorney does this mean that any non-profit can be eligible for funds from the Town. Mr. Klarl responded that it did not mean just any non-profit organization; it had to be a recreational activity open to all Town residents and the funds had to come from the recreation budget. Mrs. Smith noted that the Junior Grange would qualify for such funds, as would the 4H Club. Mrs. Paino voted Aye and returned the check to Mr. Ross. June Visconti was recognized by the Chair and first requested to confirm a statement made previously by the Attorney to the effect that the program had to be open to all Town residents and upon receiving an affirmative response, stated that she is a Town resident in the Arlington School District and the program was not open to her. A letter was received from George Kolb, Chairman of the Village Lake Committee relating to a fine that the Town will have to pay under orders from the New York State Department of Environmental Conservation regarding violations at the Oakwood Knolls Sewer Treatment Plant. The total amount of the fine is $12,500 as a result of years of non-compliance with the SPDES permit requirements. In lieu of this amount the Town is allowed to allocate at least $10,000 to a study relating to aquatic life. The proposal submitted by the Village Lake Committee could be eligible to be the recipient of this money for studies of the Wappinger Lake if it proves to be acceptable by the D.E.C. MRS. PAINO moved to forward the report from the Village of Wappingers Falls Lake Committee to the Department of Environmental Conservation requesting their opinion on the Town utilizing $10,000 on the study submitted by the Committee. Seconded by Mrs. Smith Motion Unanimously Carried It was also requested that Mr. Kolb be copied on the correspondence. Notices of Public Hearing were received from the Towns of Poughkeepsie and LaGrange on an Amendment to the Zoning Ordinance and a proposed Local Law Amending the Code for LaGrange. MRS. SMITH moved to receive the Notices and place them on file. Seconded by Mr. Farina Motion Unanimously Carried 109 A Notice of Order was received from the New York State Department of Transportation regarding the installation of a Traffic Light at the intersections of Route 9D at Baxtertown - Chelsea Roads. MR. REIS moved to accept the Notice of Order and place it on file. Seconded by Mr. Farina Motion Unanimously Carried Memos were received from Mr. Levenson, Zoning Administrator for permission for Planning Board and Zoning Board Members and for him to attend the New York Planning Federation from October 15th thru the 18th at the Nevele Country Club; his request was for time only, no cost to the Town; he also requested permission to attend the New York State Building Officials Conference from September 27th thru the 29th which required a two day Registration Fee plus lunch. MRS. SMITH moved to grant permission for the respective Boards and the Zoning Administrator to attend the conferences, as requested, and all legitimate expenses plus mileage of $.24 per mile will be a Town charge. Seconded by Mr. Reis Motion Unanimously Carried Arthur Lieberman, President of ARt-Tex Petroleum, Inc. wrote to the Board requesting permission for the usage of additional water at Gas City station located at the corner of Myers Corners Road and DeGarmo HIlls Road. This was the anticipated increase for a proposed car wash at that site. At the Supervisor's invitation, Mary Scriver asked the Board to take a long hard look at tapping into their water supply. They haven't been able to wash their own cars due to a water ban. Mrs. Paino announced that the ban was lifted and they could wash their cars, at least for awhile until it should become necessary to put it back on again. The letter from Mr. Lieberman was read by the Supervisor ---- "This letter is to request permission for the usage of additional water at our Gas City station located at the corner of Myers Corners Road and DeGarmo Hills Road. The initial gallonage requirement for the start-up of the car wash is 1200 gallons and as stated in the engineers report (see copy enclosed) the maximum possible water usage would be 455 gallons per day, which would be a 375 gallon increase over present consumption. The estimated typical day would result in a water usage of 140 gallons, or only an increase of 60 gallons per day over our present daily consumption". 110 Mr. Farina pointed out that Mr. Lieberman's Engineer stated in his report to the Health Department that the actual usage of water would be one gallon per car, which is less water than homeowners use to wash the car in their driveways. Mr. Paggi explained that the system proposed is a zero discharge, the 1200 gallons is the start up to fill the tanks, from there on everything is recycled. Water is lost through evaporation and dripping when washing a car and that is the 1 to 2 gallons per car that would be lost and would have to be made up. Mr. Lieberman received approval from the Health Department based on that assumption, that the recycle system never fails; if at some point in time the recycle system breaks down, then Mr. Lieberman is shut down. Fred Schubert, DeGarmo Hills Road, asked who would monitor the car wash operation and Mr. Paggi responded that the Health Department may stipulate that he submit his water records which will show if there is any drastic change in water usage; it could also be monitored at the Town level through the Water Department and the Zoning Administrator's Office. There was also concern of water freeze ups on the road from dripping departing cars, however the system supposedly provides for the car to dry before leaving and two heaters will be part of the operation. Mike Hirkala addressed the original request on the additional water usage and asked how they were going to handle the refill for the system. Will it be trucked in or will it come from CWWIA? He is a member of the Zoning Board of Appeals and what they done in the past is told the applicant to truck in the initial fill and subsequent fills, however daily usage can be drawn from the Town supply. MRS. PAINO moved to forward a letter to Arthur Lieberman informing him that the initial fill and subsequent refills for the proposed car wash be trucked in to the site and normal everyday usage of water may be taken from CWWIA. Seconded by Mr. Farina Motion Unanimously Carried It was requested that the County Health Department be copied on this communication to Mr. Lieberman. 111 Elliot Fabri, President of Chelsea Homes, Inc. wrote to the Town Board requesting to display their product line (ECHO housing unit) at the Town Hall if this opportunity is going to be made available to other manufacturers. Mrs. Paino noted that the Board would be looking at all the ECHO units that are available and pick the ones that is the most attractive and least expensive to the Town. MRS. PAINO moved to receive the correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried Four applications were received for Peddling Licenses: Peter Borzi and James Turco, applied to sell hot dogs, Kingsley Onieseleh, ice cream vendor and Donald Kreitzberg, Stationary sale of Oil Paintings. These were referred to the Zoning Administrator for his review and recommendation and in regard to the hot dog vendors he stated that the problem was with the requirement to move 1,000 yards every thirty minutes, also the parking on the roadside would create a hazard with people pulling on or off the roads at the point where the vendor is parked. He recommended denial. In the matter of the ice cream vendor if he plans to stop and make his sales like they used to do, then move on to other streets, he had no problem with that; Mr. Kreitzberg wants a fixed location on private property to sell his oil paintings and this will require an application by the owner of the property to the Planning Board for an amended site plan. MR. VALDATI moved to deny a Peddler's License to Peter Borzi and James Turco, based on the Zoning Administrator's recommendattion. Seconded by Mrs. Smith Motion Unanimously Carried MR. VALDATI moved to defer action on a Peddler's License for Kingsley Onieseleh pending clarification of his method of peddling the ice cream and whether it will cause problems on the road. Seconded by Mr. Farina Motion Unanimously Carried MR. REIS moved to deny a Peddler's License to Donald Kreitzberg for the sale of oil paintings, based on the recommendation of the Zoning Administrator. Seconded by Mrs. Smith Motion Unanimously Carried 112 Correspondence was received from Charles May regarding the extension of the Royal Ridge Sewer lines. Mr. Paggi requested that Mr. May keep the Town Board up to date on this matter since he is in the process of extending the Sewer District to advance further north. MRS. PAINO moved to accept the correspondence and place it on file. Seconded by Mrs. Smith Motion Unanimously Carried Mrs. Snowden noted that Mr. May had intended to be at the meeting but his plans changed and the matter was to have been removed from the agenda. A Memo was received from Mr. Levenson commending the Highway Department on their cooperation with his office during the recent heavy rainstorms. This correspondence was forwarded to Mr. Croshier so he could share it with his men. MRS. SMITH moved to file this correspondence and send a letter of thanks to Mr. Croshier and the Highway Department for their cooperation and participation during the heavy rains. Seconded by Mrs. Paino Motion Unanimously Carried Several reports were received from the Engineer regarding drainage problems; the first referenced Sherwood Heights/Parsons Drainage. This was discussed at a work shop and as a result Mr. Paggi made a request to the County Department of Public Works regarding the capacity of their storm drain pipe system on All Angels Hill Road. When he receives a response from the County he will formulate a report for the design of that system along with the associated construction costs. Rose Lutri, resident of the original Sherwood Heights, said she was never informed of the first meeting regarding the drainage problem they have in that area and wants to be included in the drainage study that the Engineer will do. 143 All Angels Hill Road John Eilert, 34 Sherwood Heights, would like to be informed of what's going on relating to his neighborhood. The second report, Antoniolli Drainage, Old Route 9, an ongoing problem, back to the early 70's. The D.O.T. is presently constructing on Route 9 and will be installing a new culvert in that area, south of Pizza Hut. Mr. Paggi met with representative of the D.O.T. at that area 113 and had the contractor relieve the backup of water temporarily. They should get some relief this year when the state plans to do the work. Mendel property, 80 Gold Road, 2 catch basins in fron of their property, the one on the east side has a 4" pipe that picked up some runoff, now during the heavy rains instead of picking it up, the discharge is going on their property. The Mendels would like to plug it up and he did not foresee any problems, however he wanted to check with Ken Croshier and make sure he had no objection. 7 & 9 Brothers Road, work shop held, report on cost of lowering the storm drain system; 20 Pine Hill Drive, Robert Colone, two swales and culvert that are overgrown, they need to be cleaned out and lowered and a new driveway culvert installed. This could be done by the Highway Department; Bojman on Valley Road, the notice to bidders will be in the paper this week, bids will be open on June 21st and work should be completed on or about July 15th of this year. On sanitary sewer Easement, Hamlet Subdivision, Mr. Paggi received a call from a resident regarding the status of the proposed work regarding the stability of the slope in the rear of 17 and 18 Hamlet Court. This was felt to be necessary to protect the sanitary sewer lines. The roads were accepted conditioned upon additional work being completed and nothing has been done since that action. Cranberry Hills Water Supply report from Mr. Paggi mentioned that there are concerns that should be looked at in the near future. Committee Reports --- Mr. Valdati, Safety, at the last Board meeting he requested that a letter be forwarded to the County Department of Public Works regarding a hazardous condition on the corner of Middlebush Road and Old Route 9. No response has been received and he recommended that a second letter be directed to that department. In regard to Mr. Buche on Ketchamtown Road that is also a potential hazard in the making when water floods there as it is a very blind turn and even warning signs are not effective. He felt maybe Mr. Croshier could use an alternate method, maybe alerting motorists that there is water on the road. Both Mr. Buche and Mr. Cauda have informed him that there has been an accident at that location recently. It could be a potential liability to the Town and people could get hurt. Mr. Farina, Sewer, reported on work shop with Camo Pollution Control 114 regarding problems at the sewer plants due to recent heavy rains. The operators recommended that the Town expedite whatever items they can to reduce some of the inflow. Mr. Paggi noted that he had submitted reports back in '87 regarding the reduction of infiltration and inflow and they had pinpointed two areas where the amounts could be reduced, both in WSIA#1 and Rockingham; one location was on Kent Road between Lake Oniad Drive and Myers Corners Road and in Rockingham the last easement just east of the soccer field should be looked at. Mrs. Smith reported on an Airport meeting and discussed the County budget cut of $56,000. They were fortunate they did not use ice control so they did not have to make purchases for that. They have cut renovations but will be still be doing some, plus upgrading the lights and stripe painting. Mrs. Paino reported that she has been receiving a vast number of phone calls at the office and at home regarding the lack of mosquito control. She explained that the County has always had a Mosquito Control Program and used to automatically spray all areas, but in recent years, the residents had to call and request spraying due to objection by some of the chemicals being used. The County Executive has recently asked that monies be cut from this Program in an effort to reduce the budget. It was her understanding that there were some County Legislators who were considering taking action to put all or at least some of the monies originally allocated to that Program, back into the budget. MRS. PAINO moved to request the Dutchess County Legislators to reinstate the monies into the County Budget for the Mosquito Control Program. Seconded by Mr. Farina Motion Unanimously Carried Sandy Goldberg, Wappinger County Legislator was present and invited to speak to the public on matters of interest to them. She stated that she "itched", too and noted that the multitude of mosquitoes that have descended upon us could be a health problem. There is a resolution coming before the Legislators to put $50,000 back into the budget for the Mosquito Control Program and as long as it is not too late for the control, she will support it. It would not be her intent to put money in uselessly and waste it. 115 Mrs. Goldberg spoke briefly on the SEQRA process presently in motion regarding the Airport Obstruction Removal Project. The process will remain open during the summer and she wished to alert the residents to this fact as they will be able to comment on the matter. Gordon Hirt, Wappinger County Legislator spoke on Mobil Home Owners Rights and County acquisision of equipment for fire control. He spoke also of the Mosquito Control Program and mentioned that the original budget was for $100,000 and they are looking to reinstate $50,000 for the Program. He will cosponsor the resolution when it comes before them. Don McMillen, Wappinger County Legislator, felt that it was an unnecessary cut when they made the cut for the Mosquito Control Program. They have beautiful equipment sitting in the County Garage doing nothing. The spraying at this point will be only to pacify the residents, it will not have much effect, it's too late for that. Control is most effective during February and March since at that time the larva can be killed thus eliminating many of the adult insects. On another matter he informed Mr. Valdati that he has been in contact with the County Highway and there is a work order in motion to correct the problem mentioned by Mr. Valdati at Old Route 9 and Middlebush Road. Resolutions --- A Public Hearing having been held on Zoning Ordinance Amendments, the matter was placed before the Board for their consideration. MRS. PAINO moved to table action on this matter pending review of pertinent correspondence and Minutes of the Public Hearing. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Snowden noted that she had received the ORDER from New York State Audit and Control granting permission to the Town to establish the Wappinger Park Water District. Consideration of adoption of the Final Order Establishing the Wappinger Park Water District was placed before the Board. MRS. PAINO moved to adopt the ORDER as follows: 116 IN THE MATTER OF THE ESTABLISHMENT OF THE WAPPINGER PARK WATER DISTRICT IN THE TOWN OF WAPPINGER, COUNTY OF DUTCHESS, NEW YORK A Resolution having been duly adopted by the Town Board of the Town of Wappinger on August 14, 1988, directing the Town Engineer to supervise the preparation of a Map, Plan, and Report for providing the facilities, improvements or services in a portion of the Town of Wappinger, wherein a Water District, hereinafter described, was proposed to be established and said Map, Plan and Report having been duly filed in the Office of the Town Clerk, and an Order having been duly adopted by said Town Board on August 15, 1988, reciting the description of the boundaries of the proposed district, the maximum amount proposed to be expended for the improvement, proposed method of financing to be employed, the fact that a Plan, Map and Report describing the same are on file in the Town Clerk's Office for public inspection, and specifying that said Town Board will meet at the Town Hall, at 20 Middlebush Road, Wappingers Falls, New York on the 8th day of September, 1988, for the purpose of conducting a Public Hearing on such proposal to establish the Water District with the specified improvements, and to hear all persons interested in the subject thereof, concerning the same, and a Hearing having been duly held by said Board at such time and place, and it having been duly resolved and determined following such Hearing, on December 5, 1988, that the Notice of Hearing was published and posted as required by law, and otherwise sufficient, that all the property and property owners within the proposed district were benefitted thereby, that all property and property owners benefitted were included within the limits of the proposed district, and that it was in the public interest to grant and hold the relief sought, and it having been then and there further duly resolved that the establishment of such district as proposed be approved, subject to permissive referendum in the manner provided in Article 7 of the Town Law, and a Certificate of the Town Clerk having been filed pursuant to subdivision 4 of Section 209 (e) of the Town Law, certifying that no Petition was filed requesting such a referendum and application having been thereafter and on December 8, 1988, duly made in duplicate to the State Department of Audit & Control at Albany, New York for permission to create such District, as more fully provided for by Town Law Section 2090F and the State Comptroller having made an Order in duplicate, dated May 16, 1989, granting permission for the creation of the District in all respects as petitioned for and approved by the Town Board as aforesaid; and one copy of such Order having been duly filed in the Office of the State Department of Audit & Control at Albany, New York, and the other in the Office of the Town Clerk of this Town and the Town Clerk having duly presented such Order to this Board at this meeting, being its first meeting held after said Order was filed with her; it is hereby ORDERED, that a Water District be established in the said Town of Wappinger, Dutchess County, New York, as described in the Order of the State Comptroller to be designated as THE WAPPINGER PARK WATER DISTRICT OF THE TOWN OF WAPPINGER, and to be of the following description and boundaries (as described in Schedule A annexed hereto) and it is further ORDERED that the following improvements in said District be constructed upon the required funds being made available or provided for (See Schedule B annexed hereto), and it is further ORDERED that the proposed improvements including the cost of rights-of-way, construction costs, legal fees and other expenses shall be financed by the authorization by the Town Board of a Bond and in an amount not to exceed TWO HUNDRED THOUSAND ONE HUNDRED EIGHTY EIGHT DOLLARS ($200,188.00) and it is further ORDERED that the Town Clerk of the Town of Wappinger is hereby authorized and directed to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of Dutchess County, in 117 which the Town of Wappinger is located, within ten days after the adoption of this Order, and it is further ORDERED that the Town Clerk is hereby authorized and directed to file a certified copy of this Order in the Office of the State Department of Audit and Control, Albany, New York within ten days after the adoption of this Order. Seconded by: Mr. Valdati Roll Call Vote: 5 Ayes 0 Nays The Recreation Commission forwarded correspondence to the Town Board requesting authorization to pay current and future utility bills for the Schlathaus house out of the Schlathaus Fund. MR. VALDATI moved to grant permission to the Recreation Commission to pay the utility bills for the Schlathaus property out of that fund, as requested by them. Seconded by Mr. Farina Motion Unanimously Carried Mr. Farina reminded the Board that they had to look at this situation again as these expenses should be included in the Recreation budget. The following proposed Local Law was introduced by COUNCILMAN REIS: A LOCAL LAW REGULATING TRAFFIC IN THE TOWN OF WAPPINGER Section 1. Legislative Intent The Town Board has received recommendations from the Highway Superintendent with respect to providing for full stops for vehicles travelling on certain roads within the Town to come to a full stop when entering into certain intersections. The Town Board having reviewed these matters, has determined that in the interest of the public health, welfare and safety of the people of the Town of Wappinger, that stop signs should be erected. Section 2. Full Stop Streets The following roads and highways are hereby designated as full stop streets and intersections, and all vehicles shall observe any posted stop sign at the intersection hereinafter described before entering the intersecting street: Smithtown Road at its intersection with Cooper Road Cooper Road at its intersection with Old Route 9 New Road at its intersection with Old Route 9 and Stagedoor Road at its intersection onto Old Route 9. Section 3. Fines Any vehicle failing to observe the stop signs above described shall be subject to prosecution for violation of this Local Law and shall be subject to punishment of a fine not to exceed $50.00. A violation of this Local Law shall be deemed a trafficinfraction. Section 4. Effective Date This Local Law shall become effective upon its filing with the Secretary of State. 118 The following resolution was offered by COUNCILMAN REIS who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 5th day of June, 1989, a proposed Local Law Regulating Traffic Within the Town of Wappinger and, WHEREAS, the provisions of the Municipal Home Rule Law required that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 17th day of July, 1989 at 7:25 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Mr. Valdati Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by MRS. PAINO: LOCAL LAW CONTROLLING LITTERING AND REGULATING STORAGE OF GARBAGE & REFUSE Section 1. Purpose The purpose of this Local Law shall be to protect and promote the health, safety, and welfare of the people of the Town of Wappinger by controlling littering and regulating the storage of garbage and refuse within the Town of Wappinger. Section 2. Definitions For the purpose of this Local Law, the following words, phrases and terms and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular, words used in the singular number include the plural and words in the masculine include the feminine. The word "shall" is always mandatory and not merely directory. AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection receptacle of steel, aluminum or plastic of ten (10) to thirty (30) gallons' capacity with tight cover, or larger steel container with closed lid. GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. LITTER. Garbage, refuse and rubbish, as defined herein, and all other waste materials which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare or tends to create blight. PARK. A park, playground, recreation center or any other public area in the Town, owned by the Town and devoted to active or passive recreation. 119 PERSON. Any person, firm, partneship, association, corporation, company or organization of any kind. PRIVATE PREMISES. Any house, building or other structure not owned or operated by the Town, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, ground, parking lot, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such house, building or other structure. PUBLIC PLACE. Any and all streets, highway rights-of-way, sidewalks or other public ways and any and all public or quasi -public parks, spaces, grounds and buildings, including school grounds. REFUSE. All putresible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, incinerator residue, street cleaning, offal, dead animals, abandoned automobiles and any parts thereof, agricultural wastes, commercial wastes, industrial wastes and construction and demolition debris. RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as but not limited to paper wrappings, cardboard, tin cans, wood, glass, bedding and crockery. TOWN. The Town of Wappinger VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or public street. Section 3. Littering. A. Litter in public places, placement in receptacles. 1. No person shall throw or deposit litter in or upon any street, highway right-of-way or other public place within the Town, except in public receptacles or in authorized private receptacles for collection. No person shall throw or deposit litter in any private receptacle which he does not own without the consent of the owner thereof. 2. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. 3. No person shall sweep into or deposit in any gutter, street, highway right-of-way or other public place with the Town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. 4. No person shall sweep into, throw, deposit or cause to be deposited in any gutter, street, highway right-of-way or other public place within the Town any accumulation of dirt, mud, stone or combination thereof. The owner of the property, the lessee of property and, as the case may be, the operator of any business thereon, including the business of building construction, shall take all steps necessary to prevent dirt, mud and stone from being deposited in any gutter, street, highway right-of-way or other public place by any person,vehicle or natural means such as but not limited to erosion and runoff from said property. Nothing contained in this subsection shall be construed as prohibiting the use in a reasonable manner of sand or stone for the purpose of reducing the hazard of, or providing traction on, snow, ice or sleet. B. Litter from vehicles. 1. No person shall throw or deposit litter from any vehicle upon any street or other public place within the Town or upon private property. 120 2. No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street or other public place or private property. All vehicles shall be properly covered pursuant to the Vehicle and Traffic Law of the State of New York and any other laws, rules or regulations. C. Litter in parks, rivers and streams. 1. No person shall throw or deposit litter in any park within the Town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public or private place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. 2. No person shall throw or deposit litter in any pond, river, stream or any other body of water in a park or elsewhere within the Town. D. Litter on private property. 1. No person shall throw or deposit litter on any private property within the Town, whether owned by such person or not and whether occupied or vacant, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, highway right-of-way, sidewalk or other public place or upon private property. 2. The owner or persons in control of private property or any portion thereof shall at all times maintain the premises, or that portion controlled by him, free of litter, except when stored properly in authorized private receptacles for collection, when such persons shall have actual notice thereof or when said litter shall have been present a sufficient length of time to constitute constructive notice. Section 4. Storage or accumulation of garbage and refuse. A. Generally No garbage or refuse shall be stored or accumulated on any premises within the Town of Wappinger except as permitted by this Local Law. B. Accumulation of garbage and refuse exempt for collection. No person shall allow accumulation of garbage or refuse upon the premises owned or occupied by him, except for the purpose of being collected, and no garbage or refuse shall be burned in an open fire or in a metal basket, can or drum in any part of the Town. C. Required number and type of receptacles. Every person who is an owner, lessee or occupant of any residence, building, premises or place of business within the Town shall provide, or cause to be provided, and at all times keep suitable and sufficient authorized private receptacles for receiving and containing garbage or refuse that may accumulate or be used upon said premises. No such receptacle shall be kept near any public place longer than may be necessary for the removal of the contents thereof. All receptacles used for the reception of garbage or refuse shall be provided with proper covers and such receptacles shall at all times be securely closed and watertight. 121 D. Large Receptacles. 1. No person shall maintain or cause to be maintained, on any premises, a one and one-half (li) cubic yard or larger receptacle for garbage or refuse, commonly known as a dumpster, unless at all times said receptacle meets the following requirements: (a) The receptacle owner's name must be clearly displayed on the receptacle in lettering no smaller than four (4) inches and no larger than six (6) inches; (b) The receptacle must be adequately painted in a solid color and kept free of rust; (c) The receptacle must display reflectors or reflectorized tape; (d) The area around the receptacle must be kept free of debris and spillage; (e) The receptacle top must be closed securely except when garbage or refuse is actually being deposited in the receptacle; and (f) The receptacle must be watertight and free of leakage. 2. The requirements of subparagraphs (e) and (f) above shall not apply to receptacles which are used exclusively for the following purposes: (a) The storage and collection of used beverages containers or (b) The collection and temporary storage of construction or demolition debris at a job site for a period not to exceed six (6) months. Section 5. Penalties for offenses. Any person violating any of the provisions of this Local Law shall be punished, upon conviction, by a fine not exceeding FIVE HUNDRED $500.00) DOLLARS. Each day of continued violation of this Local Law, after written notice thereof, shall constitute separate additional violation. In addition, the Town may also institute an action or proceeding, indlucing an injunction, to compel compliance with or prevent violations of this Local Law. Section 6. Severability Should any section, paragraph, sentence, clause or phrase in this Local Law be declared unconstitutional or invalid for any reason, the remainder of the Local Law shall not be affected thereby and shall remain in full force and effect, and, to this end, the provisions of this Local Law are declared to be severable. Section 7. When effective This Local Law shall take effect immediately upon its filing with the Secretary of State. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 5th day of June 1989, a proposed Local Law Controlling Littering and Regulating the Storage of Garbage and Refuse, and WHEREAS, the provisions of the Municipal Home Rule Law required that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 122 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 5th day of June, 1989, at 7:20 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 1981 WHICH WAS AMENDED BY LOCAL LAW NO. 3 OF 1983, WHICH PROVIDES FOR THE BASIC METHOD OF ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE FIRE PREVENTION CODE IN THE TOWN OF WAPPINGER AND SHALL ESTABLISH POWERS, DUTIES AND RESPONSIBILITIES IN CONNECTION THEREWITH Section 1. Legislative Intent The Town Board deems it to be in the interest of the public health, welfare and safety of the people of the Town of Wappinger to, from time to time, amend the local laws of the Town providing for the implementation of the New York State Uniform Fire Prevention and Building Code in the Town of Wappinger. Section 2. Local Law No. 4 of 1981 as amended by Local Law No. 3 of 1983, be and hereby is amended by adding to Local Law No. 4 of 1981, a new Section E. which shall read as follows: Section E - Gas fired cooking apparatus. In any structure designated as a multiple dwelling, there shall be no electrical or charcoal burning or liquid propane gas fired portable cooking apparatus, used or stored inside any structure or used or stored within 10 feet of any structure. Section 3. Effective Date This Local Law shall become effective immediately upon its filing with the Secretary of State of the State of New York and its approval by the New York State Department of State Bureau of Codes. In all other respects, Local Law No. 4 of 1981 and Local Law No. 3 of 1983 shall remain in full force and effect and are hereby unamended, and shall not be deemed amended in any other way. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 5th day of June, 1989, a proposed Local Law Amending Previous Local Laws Which Provides for the Administration and Enforcement of the New York State Fire Prevention Code in the Town Fire Prevention Code, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 123 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 17th day of July, 1989 at 7:10 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: A LOCAL LAW REQUIRING CONDOMINIUM MANAGEMENT AGENTS TO REGISTER WITH THE TOWN OF WAPPINGER Section 1. Legislative Intent Whereas many of the multiple family dwellings in the Town of Wappinger have been converted into condominium complexes, wherein each dwelling unit is individually owned by a separate owner, and whereas the common areas are managed by a Board of Managers who normally contract out with Management Agents to control and maintain the common areas, it has been determined by the Town Board that it has become increasingly difficult to obtain compliance with the New York State Uniform Fire Prevention and Building Code in the common areas when violations occur, because of the problem of communicating with the appropriate parties responsible for the maintenance and repair of the common areas. With this concern in mind, the Town Board deems it to be necessary in the interests of the public health, welfare and safety of the residents of the Town of Wappinger that certain registration requirements be imposed upon the Board of Managers of all condominiums located in the Town of Wappinger. Section 2. Registration Required Any building, or groups of buildings which are classified as "multiple dwellings" as described in the New York State Fire Prevention Building Code, and where each individual dwelling unit is individually owned by a form of condominium ownership, the Board of Managers of the common area of said complexes shall be required to register in accordance with this Local Law and to renew their registration on an annual basis. Section 3. Registration Requirement The Board of Managers of all condominiums in the Town of Wappinger shall register with the Town of Wappinger Town Clerk and said registration shall contain the following information to be filed with the Town Clerk and the Town Building Inspector and Fire Inspector: 1. the name of the Owner's Association responsible for the repair and maintenance of common areas of buildings and grounds. 2. The name, address and telephone number of the chief officer of the Owners' Association. 3. The name, address and telephone number of any party responsible for the maintenance or repair of said common areas for the name, address and telephone number of the person designated by the Condominium Association to be responsible for communication with said Association. It shall be the obligation of all of the Board of managers of all Condominiums in the Town of Wappinger to file the above information with the Town Clerk, 124 Town Building Inspector and Town Fire Inspector within 30 days of the effective date of this Local Law, and within 7 days of any change in said information, and annually in the month of March of every year following the effective date of this Local Law. Section 3. In the event of any safety violations occurring within the Condominium buildings or complex, the Town of Wappinger Code Enforcement officials shall and may communicate and/or direct orders to remedy any violations existed to the person names on the registration form herein. Upon delivery of such notice to the above mentioned persons it shall be deemed that the Condominium Association has been formally served with the notice, and said notice shall be binding upon the Condominium Association. Section 4. Fines Any Condominium Association which fails to register as required herein shall be guilty of a violation and may be fined a sum not to exceed the sum of $250.00 per violation. Each week that the alleged failure to register shall be found to have occurred, shall be deemed a separate and distince offense. Section 5. Effective date This Local Law shall take effect immediately upon its filing with the Secretary of State of the State of New York and the Town Clerk is hereby directed to forward a copy of said Local Law following its adoption to the Board of Managers of all Condominium developments in the Town of Wappinger. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 5th day of June, 1989, a proposed Local Law Requiring Condominium Management Agents to Register with the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law required that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before, such body, NOW, THEREFORE, BE IT RESOLVED, I. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 17th day of July, 1989 at 7:00 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Judge Francese wrote to the Town Board requesting a transfer of a portion of funds in their line item for full time clerks, which has not yet been used this year, over to the part time clerks line item. 125 MRS. SMITH moved to authorize the transfer for the Justice Court, as requested by Judge Francese. Seconded by Mr. Farina Motion Unanimously Carried A letter was received from Daniel Curtin, Attorney representing F & S Ristorante, Inc. notifying the Town that the corporation is applying for a liquor license. MR. VALDATI moved to accept the correspondence and place it on file with no comment. Seconded by Mr. Farina Motion Unanimously Carried A two year contract for Raymond Arnold, Town Planner was forwarded to the Town Board for their approval and authorization for the Supervisor to sign said contract. MRS. PAINO moved to refer this contract to the Attorney for his review as to proper form and content and table action to budget preparation meetings. Seconded by Mr. Farina Motion Unanimously Carried Mr. & Mrs. Kolibabka, 5 Hiview Road wrote to the Board requesting the return of their $250 cash bond for a driveway apron. They also received recommendations from the Building Inspector and the Highway Superintendent indicating that all work has been done to their satisfaction and the bond should be released. MR. VALDATI moved to authorize the release of the $250.00 cash bond to Mr. & Mrs. Kolibabka, upon the recommendation 9f the Building Inspector and the Highway Superintendent. Seconded by Mr. Reis Motion Unanimously Carried A vacancy existed on the Recreation Commission due to the expiration of the term of Herbert Stoller. Three resumes of applicants interested in this vacancy were received by the Board, however one has since withdrawn his name. - The following resolution was offered by COUNCILWOMAN SMITH who moved its adoption: RESOLVED, that Donald 0. Rider, Jr., is hereby appointed as a member of the Town of Wappinger Recreation Commission to fill the 126 vacancy created by the expiration of the term of Herbert Stoller, and BE IT FURTHER RESOLVED, that the term of the said Donald O. Rider, as a member of the Recreation Commission shall be for five years and will expire in May of 1994. Seconded by: Supervisor Paino Roll Call Vote: 5 Ayes 0 Nays Two vacancies existed on the Board of Architectural Review and one resume was received by the Board. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED that Paul Waddington be and he hereby is appointed as a member of the Town of Wappinger Board of Architectural Review to fill one of the vacancies created by temporary unavailability of applicants, and BE IT FURTHER RESOLVED, that the term of the said Paul Waddington as a member of the Board of Architectural Review shall expire January 1, 1990. Seconded by: Councilwoman Smith Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino invited any resident interested in becoming a member of this Board to send in a resume, which the Board would consider. Commissioner James Spratt, Dutchess County Department of Public Works wrote to the Board regarding No Parking Signs in the vicinity of Woodhill Green Apartments (formerly Scenic Gardens) on New Hackensack Road. Barbara Flewelling, a resident of the apartments wrote to the Supervisor noting that when the gate at the complex is closed (which it is supposed to be), cars park there which creates a hazard when there is an emergency situation,,.. Mrs. Paino asked the County to place signs in that vicinity, however Commissioner Spratt informed her in his communication that the County can not limit parking along their highways, but the Town has that power through local laws. MRS. PAINO moved to authorize the Attorney to prepare a Local Law prohibiting parking at the stated location at the Woodhill Green Apartments on New Hackensack Road. Seconded by Mr. Farina Motion Unanimously Carried The Zoning Administrator wrote to the Board recommending that the Board request a 30 MPH speed limit on Myers Corners Road between All angels Hill Road and Brothers Road due to the construction of DeGarmo Hill Plaza and possible approval of a proposed car wash at 127 the gas station on Myers Corners and DeGarmo Hill Road. After some discussion with the Board Members and the Engineer, it was recommended that it would be more logical to change the speed limit to Route 376, rather than go from 40 MPH to 30 MPH and back to 40 MPH. MR. FARINA moved to request the New York State Department of Transportation and the Dutchess County Department of Public Works to lower the speed limit on Myers Corners Road from All Angels Hill Road to Route 376 from 40 MPH to 30 MPH. Seconded by Mrs. Smith Motion Unanimously Carried Two bids were received for the Town Clean -Up ---M & G Sanitation, Inc. and F & S Scrap Inc. Royal Sanitation had picked up a bid at the Town Clerk's Office but it was not brought back for the opening. MRS. PAINO moved to award the bid to the M & G Sanitation, Inc. Seconded by Mr. Reis Motion Unanimously Carried Unfinished Business --- Mrs. Smith had a question on the bill for Jones Cleaning Service that services the Town Hall. A year ago she asked about this company since they were across the river and she was told they were the lowest bidder. She has observed that the fee for their services has gone from $250 to $300 and questioned the raise. Mrs. Paino did not know and said it would have to be looked into; Mrs. Smith intended to do that. Mr. Farina mentioned that the Town has addressed many drainage concerns and last year the Engineer did investigation on the Drew Court Rock- ingham Drainage System; both he and Mrs. Smith took a look at the situation during the heavy rains, following that he went out with the Highway Department and traversed the drainage system to determine the problems, as a homeowner would look at it. Actually they know the problem but what can they do to have the Highway Department bring in the equipment to resolve the problem. The Engineer seemed to think that they would be doing more harm than good in bringing in this equipment; what it needs is a few laborers to cut down the weeds and clean out the end of the culverts. After a discussion with Mr. Paggi, he recommended a work shop with the Board and Mr. Farina asked him to include Millers' who live at the residence where they discovered the problem. 128 MRS. PAINO moved to authorize the Engineer to meet with the residents of Quiet Acres regarding a street lighting district. Seconded by Mr. Reis Motion Unanimously Carried Mr. Levenson, Zoning Administrator felt the public should know that there has been an application by I.B.M. to take the jet fuel tanks out of the ground at the airport and the Building Inspector, Fire Inspector and himself are vehemently opposed to this because of the population density in that area. This application has been forwarded to approximately eighteen agencies by the Planning Board and they are awaiting comments from these agencies. New Business --- Mrs. Paino noted that one of the Town employees has been called to Jury Duty and had a question on whether or not she would be paid for the time off from work. The Town does not have a policy on this situation and upon checking with Attorney Thomas Wood, Mrs. Paino learned that other Towns pay the salary of the individual while they are on Jury Duty, however, any money earned for this service is returned to the Town other than that given for meals and mileage. MRS. PAINO moved to establish a Policy for those called to Jury Duty which provides that they will be allowed to take time off from work with pay, however the stipend pay they do receive for Jury Duty must be turned over to the Town, but the individual may keep the mileage and meal allowance; certification of attendance at Jury Duty must be provided to the Town. Seconded by Mrs. Smith Motion Unanimously Carried There was no other business to come before the Board. MRS. PAINO moved to adjourn the meeting, seconded by Mrs. Smith and unanimously carried. The meeting adjourned at 9:30 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 6/5/89