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1988-08-15 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER AUGUST 15, 1986 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES - Reg. July 18, '88 Sp. Aug. 1, '88 & Aug. 8, '88 4. REPORTS OF OFFICERS: Town Justices Compt./Sup. Fire Insp. Bldg. Insp. Rec. of Taxes Hydrant report for July 5. PETITIONS & COMMUNICATIONS a. Residents of Hamlet Ct. re: Care of Center Island and other related concerns b. Paul Sanzo re: Unused Bldg. Permit w/fee paid, request permission to apply it to new Bldg. Permit application c. Correspondences re: T/W Waste Water Treatment Facilities Plan: 1. A. Rappleyea, Attny. 2. R.E. Lapar, P.E. 3. M & M H. DiMarc' 4. L. Jensen, Ch. Tri -Muni Sewer Comm. 5. J. Paggi to R. Valdat_ & L. Jensen d. Peter Mario, D.C. Dept. Health, re: Fleetwood Water Dist. e. Confirm appointments of Bob Colden, New Hackensack F.D., & Herb Muller, Chelsea F.D. as Fire Prevention Bureau members f. Application for Hawking & Peddling Lic. by Jennifer Lynn Kalter g. E. Cardoso, Mama Mia Pizzaria & Daniel Patsey, DeGarmo Lounge, Notices of intent to renew Liquor licenses h. Town Served with Tax Reviews: Montclair Townhouse Condo Assoc.: White Gate Condo Assoc.: The Southland Corp.: Texland Properties: Wappingers Falls Owners Corp.: Friendly Acura et al: NY Tel.Co.: Conifer Dev., Inc.: Nussbickel Bros Realty Co. (6 Parcels) i. Request from Rec. Comm. for Eng. to prepare and advertise for Bids for 2 Bldgs to be funded by PASNY Grant j. Reports from J. Paggi, Eng. to Twn, 1. Water Service -Lot 14-Lormpr Ct. 2. Letter of Credit of Highland Glen Corp. 3. Tall Trees Water Dist. 4. State Water Pollution Control Revolving Fund Program 5. Pondview Pump Station re: correction of Sewage backup at Hussein house 6. Draft of Wappinger Park Waterworks System k. Cheryl Zippo requests consideration for position in Bldg/Zng Dept. 6. COMMITTEE REPORTS a. Jeanne Vlah, Center Director - Sr. Citizen Center Report b. Wm. Parsons article (from S.D. News) re: Schlathaus Park Property 7. RESOLUTIONS a. Agreement w/Marcy South - Payment in lieu of Taxes b. T. Classey, Bldg. Insp. re: 1. request refund of $144.00 for overpayment of Bldg. Permit Fee from R. Humeston 2. Recommend appointment of D. Schwartz as Secretary to Bldg. Dept.w/Salary Inc. c. Memo from the State Education Dept. re: Appointment of Records ManagementOfficer d. Introduce & set Public Hearing for a Local Law STOP signs e. Vacancies on Cons. Adv. Council/introduction of LL to: reduce number of members f. Amendment to Flood Plain LL #10-'87 g. H. Levenson re: 1. request to refund ZBA Fee of $35.00 to Rob't Haas (no variance was required) 2. Request permission for: A. Jutt, M. Laffin, D. Schwartz & H. Levenson to take a Basic Computer Training Course at DCC @ $67.50 per person h. Increase Fees for Recreation - Cash in lieu of land 8. UNFINISHED BUSINESS G. Hemmingway, VWF Mayor re: Sidewalk District 9. NEW BUSINESS O. ADJOURNMENT 231 The Regular Meeting of the Town Board of the Town of Wappinger was held on August 15, 1988 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Deputy Supervisor Reis opened the meeting at 7:45 P.M. Present: David Reis, Deputy Supervisor Vincent Farina, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town CLerk Absent: Irene Paino, Supervisor (arrived late due to car trouble) Others Present: John Klarl, Attorney Joseph E. Paggi, Jr., Engineer All present joined in the Pledge of Allegiance to the Flag followed by a moment of silence for our Town and residents. The Minutes of the Regular Meeting of July 18, 1988 and the Special Meetings of August 1 and August 8, 1988, having previously been forwarded to the Board Members, were placed before them for their consideration. MR. VALDATI moved that the above stated Minutes be and they are hereby approved, as submitted the the Town Clerk. Seconded by Mr. Farina Motion Unanimously Carried Reports for the month of July were received from Town Justices, Comptroller/Supervisor, Fire Inspector, Building Inspector, Receiver of Taxes, Hydrant Report and Dog Control Officer. MRS. SMITH moved to accept the Reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Petitions & Communications --- The following petition was received from the residents of Hamlet Court: We, the residents of Hamlet Court, Wappingers Falls, N.Y. are concerned about the lack of support from the town in caring for our development. We live in a circle where the center island has become overgrown with weeds. Besides being an eyesore for our development, it has also become a breeding ground for insects/tics and a dumping ground for dogs. We feel it is a potential health hazard. Since this property is not owned by us, we feel it is the town's responsibility to care for it. As tax payers, we feel the town should provide this service to us. 232 A few other concerns in our development include: Homes #17 & 18 were supposed to be graded by 1987. Since this has not been done, these properties are showing major signs of erosion. Street sewers appear to not drain properly. Since they remain water-logged for long periods of time, they have also become a breeding ground for mosquitoes and other insects. We are also concerned about this year's snow plowing. We ask that the town please help us in resolving these issues which affect our daily lives. This petition was signed by the majority of the home owners of Hamlet Court; Jane Michnowski was named spokeswoman for the group. Mr. Klarl, Attorney, noted that their concern was for the center island and it was his understanding that the road has not been dedicated to the Town at this time. Mrs. Michnowski agreed and pointed out that nothing was being done in the development due to the fact that the road is still owned by the developer. The development is about four years old and some of the residents have lived there two to three years. This year they are very concerned about snow plowing along with the other items listed. Our Engineer, Mr. Paggi, added his information that the developer has offered the road to the Town, but it is not ready for that step yet. He has been working with the developer's engineer in getting the deed, as-builts and other documents together for submission to the Town. In addition to the paper work, there are items that have to be completed in the field before the road can be accepted. He recom- mended that a letter be directed to the developer indicating that the residents have these concerns and he should complete the work outlined by our Engineer so the Town can accept the road and provide services to the residents. All the residents who were present were invited to voice their concerns to the Board; Jonathan Levine referred to the two corners of the loop being tight and did not allow trucks, trailers or even cars to maneuver the circle without destroying the curbing and lawns. There's dirt everywhere from cars sliding and noone cleans it. There were a lot of taxes being paid in the development and nothing is being done. Mr. Paggi noted that construction of the road was as per the approved final design on the filed map. He cannot change the map, however, there has been discussion on making the loop one- way and he, in fact, recommended this to the Highway Superintendent at a previous meeting. 233 At this point Mrs. Smith interrupted the comments from the residents and recommended that the Attorney contact the developer regarding these concerns. MRS. SMITH moved to authorize the Attorney to the Town to send a strong letter to the developer stating that he is required to fulfill all his obligations as per the approved final map of the Hamlet. Seconded by Mr. Farina Roll Call Vote: 4 Ayes 0 Nays Mrs. Paino---Absent Prior to the vote on this motion Deputy Supervisor Reis invited further discussion from the residents and other concerns were mentioned. One of the most serious ones brought up was the fact that the Fire Company trucks could not get around the loop near #17 and #18 building and had to cross the center island. Mr. Paggi explained again that the road must be in accordance with the filed map and he will check it out; when subdivisions go through the approval process, he continued, the application and all pertinent information on the project is reviewed by various agencies of the Town, including the Fire Department and he assumes this was the case with the Hamlet. The motion Mrs. Smith made is a good one, he felt, and in this manner the developer will have to complete all the items the Engineer has listed. Mr. Levine stated that it wouldn't mean a thing since Mr. Pullo, the developer had vacated the area and left the place a mess and he felt the Town should pick up where he left off and help the residents. The bond expired during the last Supervisor's administrator, he claimed and it was never renewed. The Town Clerk was requested to check her records to determine the status of the performance bond. Another dangerous situation was brought up Lynn Murray at #17 regarding a slope in back of her house which was supposed to be graded %Iwo to a walkable slope and never was and now the children are riding their dirt bikes in that area and there's nothing she can do about it. Mr. Paggi was aware of the slope and met with the developer's foreman on this early last Spring and it will have to be completed prior to acceptance of the road. Mr. Reis concluded the discussion and summed up the problems that do exist and requested a report from the Engineer by the next Town Board meeting. A work shop would be scheduled after all the informa- tion is available and a response has been received from the developer. 234 Mr. Valdati added that the Town Patrol should be made aware of the dirt bikes riding on the slope which could be a liability to both the homeowner and the youth. This should be reported to the Town Board and the parents notified of this potential danger. He will speak to the Zoning Administrator to see what can be done from his point of view and suggested that Mr. Liebermann, Town Fire Inspector look into the aspect of fire engines not being able to traverse the development safely. June Visconti was concerned that this situation was happening again that being, expiration of performance bonds prior to completion of the development. This is the third one she knows of and she suggested that the Attorney prepare guide lines for the Town so this action does not repeat itself. (Mrs. Paino arrived at 8:10 P.M.) A letter was received from Paul Sanzo indicating that he had applied and paid for a building permit in 1986 which he never received. He has changed his mind and wishes to apply for another permit and although the first one has expired, he would like to apply the fee he paid in the amount of $180.00 to the new one, since he was never provided with the old one by the Building Department. Mr. Sanza was present and added to the explanation given by Mrs. Snowden, stating that he applied in March of 1986 and paid the fee. He kept making phone calls to that department and was given one excuse after another, it was lost during the move from the old Town Hall, it was lost in the mail, it was being reviewed by the various agencies, etc. In the meantime he had to reapply for a mortgage and lost $700.00. In June of this year the permit was found in the Building Department's files by Mr. Classey and the approval stamp was dated June 26, 1986. Now that he is preparing to build he would like to apply the $180.00 toward the fee for another building permit which will cost $260.00. Mrs. Paino referred this to the Attorney, John Klarl, stated that it would be appropriate to take a positive action in this situation. MRS. PAINO moved that the Town apply the amount of $180.00 toward the fee for another building permit in the amount of $260.00 as requested by Mr. Paul Sanzo. Seconded by Mr. Farina Motion Unanimously Carried 235 Correspondence was received regarding the Wastewater Treatment Facilities from: Allan Rappleyea, Attorney, Rudolph Lapar, P.E., Mr. & Mrs. DeMarco, Leif Jensen, Chairman of the Tri -Municipal Commission, and Joseph Paggi, Engineer to Mr. Valdati and Mr. Jensen. Mr. Valdati wished to discuss Mr. Rappleyea's letter regarding an Public Hearing on the Supplemental Draft Generic Environmental Impact Statement. He implies that a quorum of the Town Board Members was not present at this Public Hearing and therefore as far as he was concerned, "the proceedings of that date are a nullity and no public hearing has been held". Mr. Valdati questioned the Attorney on the validity of this statement and whether another public hearing had to be held. Mr. Klarl responded that this would have to be researched, although if the resolution required a public hearing, Mr. Rappleyea may be correct. Mrs. Paino stated that she had a discussion with Mr. Wood, the Attorney who is usually present at the meetings, and he indicated that under SEQRA it is not necessary to hold a public hearing on the Supplemental D.G.E.I.S. Furthermore, there is a record of everything that took place during that Public Hearing and it was duly posted and published. Mr. Wood did not feel there was a problem and Donna Wardlaw, Attorney representing Wardlaw Associates who is working with Saratoga Associates, concurred with his opinion. MRS. SMITH moved to receive this correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino announced that this correspondence was on file in the Town Clerk's office for all to review. A letter was received from Peter Marlow, Engineer with the Dutchess County Health Department regarding the Fleetwood Water District as follows: July 28, 1988 Re: Fleetwood Water District Town of Wappinger Dear Mrs. Paino, This Department has been aware of the recent peak week -end water outages at your above referenced water system. For this reason, an inspection was conducted on July 27, 1988 by myself at the system's pump house with your operator, Michael Tremper of Camo Pollution Control. The apparent reason for the outages is excessive peak consumption resulting in a depletion of storage tank water and therefore, system pressure. The existing 5,000 236 gallon storage tank is unacceptably small compared to the current design standards. The design guidelines referred to in Part 5-1.22 of the New York State Sanitary Code would dictate an approximately 63,000 gallon storage tank. Also noted at the time of the inspection was that the capacity of the wells has drastically diminished over the years. Documentation indicates that Well 1 currently produces from 35 to 56 gallons per minute and Well 2 currently produces from 9 to 26 gallons per minute. The Water Supply Application approval process for your water company required two 65 gallon per minute wells. Based upon this information, a clear violation of Part 5-1.71 of the New York State Sanitary Code is observed. Please be advised that in order to resolve these problems, you are directed to have your engineer submit a report to this Department by no later than August 19, 1988. This report must outline an acceptable solution and include a timetable. It is recommended that your engineer incorporate into this proposal, the other necessary minor system improvements noted in past inspection reports, such as alarms and a better electrical control system. If you have any questions on these matters or if I can be of any assistance, please contact me at 431-2044. Very truly yours, s/ Peter J. Marlow Sr. Public Health Eng. Mrs. Paino had previously explained that the Engineer was authorized to conduct a study of the situation after residents had complained of low pressure and at times, no water. At a recent work shop with the residents of the area, the Engineer recommended that two storage tanks be added to the system to bring it up to a capacity of 65,000 gallons which should prove to be adequate coupled with a transfer station that will be used. The approximate cost to the residents will be approximately $105.00 per year for bonding the project over a five year period of time. The amount stated will reduce each year as the bond matures to its maximum time period. The majority of the residents who were present at the work shop were in favor of this expenditure which will improve the system. At the request of the residents, the Supervisor, Attorney and Engineer to the Town met with Health Department representatives, Dave Ruff and Peter Marlow and the communication above was their response. MRS. PAINO moved to authorize the Engineer to prepare specifications for the bidding process on this project. Seconded by Mr. Reis Motion Unanimously Carried Mr. Paggi noted that he had forwarded the design to the Health Department for their approval and would proceed with the specs upon notification of said approval. L L Notices of appointments to the Fire Prevention Bureau were received from Chelsea Fire District for Herbert Muller and New Hackensack Fire District for Robert Colden, both for a term of two years which will expire in July 1990. MRS. SMITH moved to confirm the reappointments of Herbert Muller and Robert Colden to the Town of Wappinger Fire Prevention Bureau. Seconded by Mr. Farina Motion Unanimously Carried An application for a Peddler's License was received from Jennifer Lynn Kalter, Fenmore Drive, Town of Wappinger for operating a hot dog wagon. MR. VALDATI moved to approve a Peddler's License for Jennifer Lynn Kalter to sell hot dogs in the Town of Wappinger. Seconded by: Mr. Reis Roll Call Vote: 3 Ayes Mr. Farina ---Abstain Mrs. Smith ---Abstain Notificationsof Intent to renew Liquor Licenses were received from the proprietors of Mama Mia Pizzeria and Restaurant, Route 376, New Hackensack Plaza and DeGarmo Lounge on Myers Corners Road, both in the Town of Wappinger. MR. FARINA moved to receive the correspondences and place them on file with no comment. Seconded by Mr. Valdati Motion Unanimously Carried The Town Clerk was served with Tax Reviews from Montclair Townhouse Condo Assoc, White Gate Condo Assoc., The Southland Corp., Texland Properties, Wappingers Falls Owners Corp, Friendly Acura et al, New York Telephone, Conifer Deve. Inc., and Nussbickel Bros. Realty Co. (6 parcels). MRS. PAINO moved that the above stated Tax Reviews be referred to the Attorney to the Town, Thomas Wood, to answer and defend on behalf of the Town of Wappinger. Seconded by Mrs. Smith Motion. Unanimously Carried 237 238 Mr. Ralph Holt, Chairman of the Recreation Commission wrote to the Board indicating that they had been granted funds from PASNY and would like to request permission for the Engineer to go to bid on an addition and shelter at Robinson Lane at an approximate cost of $50,970 and a storage building at Quiet Acres playground, estimated at $17,500. Mrs. Paino noted that these funds had not, as yet, been distributed and action should be tabled; the Engineer, however, said it would take nearly two months to prepare that funds are forthcoming in the should be considered. MRS. PAINO moved to authorize the Engineer to the Town to prepare specifications for bidding on the two buildings, as requested by the Recreation Commission. Seconded by Mr. Reis the plans. If they anticipate near future, this authorization Several reports were received in reference to water service MR. REIS moved to accept this Seconded by Mr. Valdati Motion Unanimously Carried from the Engineer --- the first was at Lot 14, Lormar Court. correspondence and place it on file. Motion Unanimously Carried The second report was in regard to a request from Highland Glen Corporation to reduce their Letter of Credit on the Pondview Subdivision by 70%. The Engineer advised the Board Members that approximately 95% of the work in the subdivision has been completed and approved by his office. He recommended reduction of the Bond and the amount stated was acceptable to his office. He further noted that the Town is retaining 30% of the total Letter of Credit and after the road is accepted, the performance bond will be turned over to a maintenance bond in the amount of 20%. MRS. SMITH reduce the ment Corp. moved to accept the recommendation of the Engineer and amount of the Letter of Credit from Highland Glen Develop - from $188,728.00 to $56,588.40 for the Pondview Subdivision. Seconded by Mr. Farina Motion Unanimously Carried The Engineer recommended that a letter be sent to the developer requesting a new Letter of Credit in the amount specified. 239 The third report concerned problems at the Tall Trees Water District and a recommendation that a new well should be installed. The Supervisor has also received communications from Camo Pollution Control and the Dutchess County Department itemizing the problems in that district. They asked that the Engineer submit a report to ... them by August 26, 1988 addressing Town action relative to the the correction of the existing problems. Mr. Paggi noted that submission of a report by the date mentioned would be a problem. He indicated that Well #1 has been depleted to a few gallons a minute and Well #2 is down to approximately 18 gallons a minute according to the last correspondence from Camo Pollution Control. His firm is presently looking into various technical ways of rehabilitating the wells and he has interviewed two firms that specialize in this type of work and is now in the process of reviewing their process as to its applicability to the present situation at Tall Trees. MRS. PAINO moved to accept the correspondence, place it on file and request the Engineer to review his plans with the Dutchess County } Department of Health and also request an extension on the date of submission of his report. Seconded by Mr. Valdati L Motion Unanimously Carried Item #4 from the Engineer referenced the State Water Pollution Control Revolving Fund Program and acknowledged receipt of copy of letter from Mr. Jorling to the Supervisor with information on this program. Mrs. Paino had already contacted the agency and requested that the Town of Wappinger be put on the list for low interest bonds which could be applied toward the Oakwood Knolls Sewer Treatment Plant. Mr. Paggi indicated that he agreed with Mr. Jorling's statement that we should contact our State Representa- tives requesting that they support this bill when they are in session. MRS. PAINO moved to direct letters to Assemblyman Stephen Saland and Senator Jay Rolison, Jr. requesting their support of the Governor's Bill #S-8424. Seconded by Mr. Reis Motion Unanimously Carried 240 The next item from Mr. Paggi was in regard to the sewer backup into Mr. Hussein's residence on Bel Aire Lane at times when the Pondview Pump Station in front of his home malfunctions. Mr. Paggi outlined what he proposed to do to alleviate this problem and noted that this was informally discussed with the Dutchess County Department of Health and approved verbally. By copy of this letter to Mr. Marlow Senior Public Health Engineer with the Health Department, he was asking formal approval to proceed with the project. He was seeking authorization from the Board to proceed with the plans and an opinion from the Attorney as to whether they would have to go to formal bidding for this work. Although he did not have a definite amount to present to the Board, he estimated that it was over the state allowable limit of $7,500. If this was deemed an emergency, he continued, it might be put into a different category which would allow them to proceed without going out to bid. Mr. Farina, as Chairman of Water and Sewer Committee, was aware of the situation in Mr. Hussein's home and felt they should pursue the project and in his opinion it was a health emergency. Both Mrs. Smith and Mr. Valdati requested that a more definite figure be determined by the Engineer, but they were in favor of this work. Mr. Paggi informed the Board that by the September meeting he would have a definite figure plus approval from the Health Department and by that time they would know whether it would be put out to formal or informal bid. MR. FARINA moved to authorize the Engineer to the Town to proceed with plans to alleviate the sewer backup in Mr. Hussein's home. Seconded by Mr. Reis Motion Unanimously Carried The Engineer submitted an Addendum to the Wappinger Park Waterworks System regarding an additional alternate design for the system. After_submitting various alternatives to alleviate the problems in this system, Mr. Paggi was requested to research further since the ones presented would be costly to the residents in that area, ranging in price from $1,000 to $2,000. He was successful in arranging a donation of a well from a private property owner in that location in exchange for a smaller well, which would be adequate for his situation, and this would be at the expense of the Town. The cost is estimated at approximately $3,000 and would be a less expensive 241 alternate for the residents of that district. Another meeting was held last week with the Board and representatives of Wappinger Park, along with Mr. Hankin, owner of the water system, to discuss the sale of the system to the Town. Although Mr. Hankin was seeking a price of $76,000 for his water company, he was willing to accept $64,000 after a series of negotiations with the residents and Mr. Reis. The following resolution was offered by COUNCILMAN REIS who moved its adoption: WHEREAS, the Town Board has held negotiations with Robert Hankin, owner of the Wappinger Park Homes, Inc., on Thursday, August 11, 1988 and WHEREAS, at that time said Robert Hankin agreed to sell the Wappinger Park Waterwork System to the Town of Wappinger or a Special District formed by the Town of Wappinger for the sum of $64,000.00, if purchased by December 31, 1988, or the sum of $68,000.00 plus 12% interest per annum, if purchased after January 1, 1989, and WHEREAS the Town Board wishes to authorize the Supervisor to enter into a Contract subject to the formation of a Water District, NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Wappinger does hereby authorize the Town Supervisor to execute a Purchase Agreement with Robert Hankin, on behalf of the Wappinger Park Waterworks System and BE IT FURTHER RESOLVED that said Agreement shall be subject to the formation of the Wappinger Park Water District, and BE IT FURTHER RESOLVED that the Attorney to the Town be and hereby is authorized to negotiate the terms and conditions of said Agreement. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays Mrs. Rose Wells, President of the Wappinger Homeowners Association was thanked by Mr. Reis and Mrs. Paino for the hours and effort she put into this cause. The Engineer, Jay Paggi, was given a round of applause for his efforts in gaining another option for the residents which will cost them approximately $585 instead of the previous amounts mentioned, which went up to $2,000. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Town Board has previously authorized the Town Engineer to study and prepare a Map Plan and Report, with respect to the Wappinger Park Waterworks System, and WHEREAS, the Town Board has conducted a workshop session with respect to said report, and WHEREAS, the Town Board has met with the citizens of the area as well as the owner of the Waterworks System to consider the establishment of a WAter District, and 242 WHEREAS, the Town Engineer has filed with the Town Clerk his Map showing the boundaries of the proposed District, and a general Plan for the District, and a REport of the proposed method of operation and financing, and that said Plan also shows the source of the water supply, describes the lands to be acquired, and WHEREAS, the Town Engineer has filed these plans with the Town Clerk of the Town of Wappinger, and WHEREAS, annexed hereto and made a part hereof, is a Schedule A describing the metes and bounds description of the proposed District, and WHEREAS, the maximum amount proposed to be expended shall not exceed $225,000.00, and that said funds would be raised through the issuance of a Municipal Bond, WHEREAS, a Map, Plan and Report are on file in the Town Clerk's Office and available for public inspection, NOW, THEREFORE BE IT RESOLVED that the Town Board shall conduct a Public Hearing with respect to the proposed establishment of the Wappinger Park Water District, said Public Hearing will be held on the 8th day of September, 1988 at 7:00 o'clock p.m. at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and BE IT FURTHER RESOLVED that the Map, Plan and Report filed herein shall be available for public inspection in the Office of the Town Clerk during business days between 8:30 a.m. and 4:00 p.m., and BE IT FURTHER RESOLVED, that a copy of this Order and a complete itemization of the metes and bounds description of said District shall be published at least once in the official newspaper of the Town, not less than 10 nor more than 20 days before the date set herein for the Public Hearing, and BE IT FURTHER RESOLVED that the Town Clerk shall post said Resolution and Notice on the official posting board of the Town of Wappinger, and BE IT FURTHER RESOLVED that all parties interested in being heard should be present at such date and time. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays MR. VALDATI moved to accept the Addendum to the Wappinger Park Waterworks System, as submitted by the Engineer to the Town. Seconded by Mr. Farina Motion Unanimously Carried The actual cost to the residents of Wappinger Park based on $64,000. purchase price will be $590.17 annually for each homeowner. A letter was received from Cheryl Zippo requesting a transfer from her present part-time position in the Justice Court to the Building/ Zoning Department also on a part-time basis until January 1989 and then start full-time in that department. Mr. Classey, Building Inspector, sent his recommendation to the Town Board that Mrs. Zippo's request be granted. MRS. SMITH moved to allow Cheryl Zippo to transfer to the Building/ Zoning Department, as requested, at the same rate of pay. Seconded by Mrs. Paino Motion Unanimously Carried Committee Reports --- 243 Jeanne Vlah, Director of the Senior Citizen Program submitted a report to the Board regarding their activities since the opening. Mr. Reis, Chairman of the Recreation Committee, was pleased with the report and with the program which was doing very well. Basically the report covers their schedule since the opening on June lst, and projects plans for their future activities. This report will be forwarded to all Board Members for their review. Mrs. Paino referred to an article in our local paper, the Southern Dutchess News, written by Bill Parsons, indicating that the Schlathaus Property, donated by George Schlathaus to the Town, was originally owned by the Brexel Family (George's wife Elsie) and he contended that without Elsie Brexel Schlathaus and her parents, there would be no property for George to leave to the Town, therefore Elsie should be given her share of credit. MRS. PAINO moved to change the name of the Schlathaus Park to the Brexel - Schlathaus Park and notify the Recreation Commission to place a new sign at the property as so specified. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Smith added that as former Historian for the Town for twelve years, that she would like to thank this Town Board for doing something historic. Mr. Valdati, Safety, reported a break-in at the Spook Hill Recreation facility about two weekends ago. Mrs. Smith was the person notified first, so he deferred to her to report the details. Since Mrs. Smith was unable to contact anyone on the Recreation Commission, she and Mr. Valdati visited the site and cleaned up what was left around. The matter was then turned over to the Commission to take inventory. They tried to repair the door by improvising with pieces of wood as the Officer from the Sheriff's Department said he could not safeguard the contents since the door was broken. When they discussed this with Mr. Holt, Chairman of the Recreation Commission, 244 he assured them a metal door would be installed. Mr. Reis, Recreation reported that the children enrolled in the Summer Playground were given a picnic at the Brexel - Schlathaus Park and from what he heard, it was very successful. There were Town merchants who donated food and money to this event and he wished to thank them for their generosity. MR. REIS moved to send a letter of thanks to the New Hackensack Fire Department for use of refrigerator and grills; to Metzgers Meat Market for donation of meat; to Lawrence Farms for watermelon rolls and bread at wholesale prices. Seconded by Mrs. Smith Motion Unanimously Carried Thanks were also expressed to Mr. Holt, Chairman, Bernie Reimer, Director, Peggy Roe, Secretary and to the other members of the Commission who pitched in and helped. Mr. Farina wished to remind the residents to conserve water; he had calls from some residents complaining that the Vandalism Patrol went by some homes where the owners were using sprinklers and did not stop and ask them to turn off the water. He recommended that a letter be forwarded to Detective Carl Amburgey in charge of the Town Patrol indicating that they should stop when they see residents within the water districts watering lawns, etc. and request that they stop using water needlessly. Mrs. Smith, Dial -O -Ride, nothing much happening, but bus drivers are working and jobs are secure and it should run smooth now. Bicentennial Picnic for ratification of the Constitution was held on Sunday, August 14, 1988, despite the downpour. Each municipality became a bicentenial community and the picnic was one of the required events. Everything was set up outside and a few raindrops came, how- ever they did raise the POW/MIA Flag which was donated by Mr. Richard Clark. The Flag was received by Councilman Farina from Mr. Clark and presented to the Vietnam Veterans who conducted a ceremony and raised the Flag. Mrs. Smith noted that the ceremony was very well done. Everything was moved inside due to the raindrops getting bigger and all had a great time clogging and singing with the Flashback Band. There were approximately 70 to 75 people present, mostly senior citizens and Mrs. Smith reported that it was a fun time. 245 Resolutions --- An Agreememt with Marcy South of payment in lieu of taxes was tabled at the last meeting and referred to Assessor Thomas Logan for review and recommendation. This Agreement originated with our former Super- visor, Francis Versace and this Board was not familiar with its contents. The following letter was directed to the Town Board from Mr. Logan: With regard to several properties within the Town of Wappinger purchased by the New York State Power Authority, please be advised that I have reviewed the proposal by the Authority to make payments to the Town in lieu of taxes. I find that the proposal is fair to the Town with the understanding that the assessment values shown in the correspondence from the Authority are historic and do not reflect the 1987 Townwide revaluation. The Authority has been informed of the change in level of assessment from 1986 to 1987 and will be making payments based on the higher level of assessment. s/ Thomas E. Logan Assessor MRS. SMITH moved to authorize the Supervisor to sign the Agreement with the New York State Power Authority. Seconded by Mr. Farina Motion Unanimously Carried Mr. Klarl, Attorney noted that Mr. Wood had reviewed the Agreement and found it to be in order and also received the correspondence from Mr. Logan. A Memo was received from Thomas Classey, Building Inspector requesting that a refund of $144.00 be refunded to Roger Humeston for overpayment of Building Permit #87-258. MRS. SMITH moved to authorize a refund of $144.00 to Roger Humeston for overpayment on Building Permit #87-258, as recommended by the Building Inspector. Seconded by Mr. Valdati Motion Unanimously Carried A second Memo from the Building Permit was a request to appoint Dorothy Schwartz as Secretary to the Building Department to fill the vacancy created by the resignation of Andre- Benedetto. He also requested that the salary be increased to $11,550.00. MRS. SMITH moved that Dorothy Schwartz be appointed as Secretary to the Building Inspector at her present salary which will be adjusted pending further discussion by the Town Board. Seconded by Mr. Farina Motion Unanimously Carried 246 A Memo was received from the State Education Department regarding the notification to the State of the appointment of a Records Management Officer. The Town Clerk has held this position of Record Keeper since she has been in office, which is many years. MRS. SMITH moved to designate Elaine H. Snowden, Town Clerk, as Records Management Officer for the Town of Wappinger. Seconded by Mr. Valdati Motion Unanimously Carried The following proposed Local Law was introduced by COUNCILMAN FARINA A LOCAL LAW REGULATING TRAFFIC WITHIN THE TOWN OF WAPPINGER BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows SECTION 1. 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: Daley Road at its intersection with Maloney Road Maloney Heights Road at its intersection with Maloney Road Scott Drive at its intersection with Doyle Drive Doyle Drive at its intersection with Scott Drive The southerly side of Scott Drive at its intersection with Doyle Drive. SECTION II. Fines Any vehicles 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 by a fine not to exceed $50.00. A violation of this Local Law shall be deemed a traffic infraction. SECTION III. Effective Date This Local Law shall become effective upon 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 15th day of August, 198.8, a proposed Local Law Regulating Traffic Within the Town of Wappinger, 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, 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 19th day of September, 1988 at 7:15 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 Valdati Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: A LOCAL LAW TO REDUCE THE NUMBER OF MEMBERS TO THE CONSERVATION ADVISORY COUNCIL BE IT ENACTED by the Town Board of the Town of Wappinger, fliw,r Dutchess County, New York as follows: L SECTION 1. Legislative Intent The Town Board has determined that the number of members of the Conservation Advisory Council should be reduced in order to facilitate the obtaining of experts in this area and to eliminate a problem of obtaining a quorum at the meetings of the Conservation Advisory Council. SECTION 2. Members of the Conservation Advisory Council The membership of the Conservation Advisory Board be and hereby is declared to be five (5) members, all to be appointed by the Town Board for terms as set forth in the Local Law creating the Conservation Advisory Council. SECTION 3. Effective Date This Local Law should take effect immediately upon its filing with the Secretary of State in Albany. 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 15th day of August, 1988, a proposed Local Law to Reduce the Number of Members of the Conservation Advisory Council, 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, 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 19th day of September, 1988 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 247 248 The following proposed Local Law was introduced by COUNCILMAN VALDATI: A LOCAL LAW AMENDING LOCAL LAW NO. 10 OF 1987 ENTITLED "ENACTING NEW REGULATIONS ON FLOOD DAMAGE PREVENTION" AND REPEAL OF LOCAL LAW NO. 4 OF 1979 ENTITLED FLOOD DAMAGE PREVENTION. SECTION 1. The Town Board of the Town of Wappinger, being advised by the Federal Emergency Management AGency, that an updated Flood Insurance STudy Map must be used as part of the previously enacted Flood Damage Presention Law, desires to bring and implement this as quickly as possible. SECTION 2. AMENDMENT Local Law No. 10 of the year 1987 specifically Section 3.2 thereof, entitled "Basis for Establishing the areas of Special Flood Hazard" be and hereby is amended to read as follows "that the areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineer report, entitled "The Flood Insurance Study for the Town of Wappinger, Dutchess County, New York", dated December 15, 1978, with accompanying Flood Insurance rate maps and Flood Boundary Floodway maps is hereby adopted, and declared to be part of this Local Law. The Flood Insurance Study and Maps are on file at the Town Clerk's Office, Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SECTION 3. This Local Law shall take effect immediately upon its filing with the Secretary of State of the State of New York. 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 15th day of August, 1988, a proposed Local Law Amending Local Law No. 10 of 1987, Regulations on Flood Damage Prevention, 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, 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 19th day of September, 1988, at 6:55 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 Valdati Roll Call Vote: 5 Ayes 0 Nays L L 249 Mr. Levenson, Zoning Administrator, wrote to the Board requesting a refund of $35.00 to Robert Haas for a variance fee which was not required in this instance. MR. VALDATI moved to refund the $35.00 fee to Robert Haas upon the recommendation of the Zoning Administrator. Seconded by Mr. Reis Motion Unanimously Carried A second memo from Mr. Levenson was a request for the following personnel to take a basic computer training program at Dutchess Community College: Arlene Jutt, Melva Laffin, Dorothy Schwartz, Herbert Levenson. The cost will be $67.50 per person, a total of $270.00 for the entire course. MRS. SMITH moved to allow these employees to attend the computer course at Dutchess Community College, as requested by the Zoning Administrator. Seconded by Mr. Farina Motion Unanimously Carried As requested by the Town Board at a previous meeting, the Attorney researched the procedure to change the amount of recreation fee in lieu of land for subdivisions and recommended that it be done by a local law which would allow the Board, by resolution, to fix such amount. The following proposed Local Law was intoduced by COUNCILMAN REIS: A LOCAL LAW INCREASING THE RECREATIONAL FEES OF THE TOWN OF WAPPINGER SECTION 1. Legislative Intent The Zoning Ordinance and the Subdivision Regulations of the Town of Wappinger presently require payment of a Recreation fee upon the approval of a subdivision based on a per lot amount. The Town Board determines that the amounts to be paid per lot is in need of being adjusted and by this Local Law seeks to adjust the amount of the Recreation fee. SECTION 2. Recreation Fee Established The Town Board of the Town of Wappinger shall by Resolution adopted from time to time set a fee to be known as the Recreation Fee to be paid on subdivisions designated by the Planning Board prior to the release of the Subdivision Map to the developer. Said fee shall be determined by the Town Board and shall be calculated by the Zoning Administrator. SECTION 3. Effective Date This Local Law shall take effect immediately upon its filing with the Secretary of State. 250 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 15th day of August, 1988, a proposed Local Law Increasing the Recreational Fees of the Town of Wappinger, 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, 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 19th day of September, 1988, at 6:50 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 Unfinished Business --- In regard to proposed sidewalks and lighting to be installed during the Route 9 construction, the following response was received from Mayor Hemingway : August 4, 1988 Dear Board Members: This topic has been discussed by the Village Board several times when Mayor Synnett was still alive. It was felt at the time that since this was in the town that the village should not be responsible for maintaining them or for the liability of them. Because the town would not take this responsibility the Village Board at that time decided we did not want the sidewalks. This is still our position. In the matter of the lights it is our position that these lights are in the town, therefore, we will not be responsible for any of the costs. s/ Gregory T. Hemingway Mayor Councilman Valdati, representing Ward 1 which includes the Village, added that he had a call from the Mayor last night, meaning Sunday, August 14th, who indicated that maintenance and liability of the proposed sidewalks were of great concern to the Village Trustees, however they had correspondence from Holiday Bowling and it appeared that there might be a possibility that they and perhaps some of the other local businessmen in that area would pay the costs. Mr. Valdati informed them to advise the Town if they do reach any agreement with 251 their merchants. The Attorney to the Town has informed Mr. Valdati that it is still feasible for them to accept the responsibility of the maintenance and liability of the sidewalks. MR. VALDATI moved to direct a letter to Mayor Hemingway advising him that the Town must be notified of any arrangements they make pertinent to bearing the expense of the maintenance and liability of sidewalks. Seconded by Mrs. Paino New Business --- Motion Unanimously Carried The following letter was addressed to the Supervisor from James Klein re Nicole Farms Subdivision: August 9, 1988 Dear Mrs. Paino, With reference to the water supply for the new Nicole Farms Subdivision, I have enclosed a Dutchess County Health Department application. The Health Department requires the Town to sign the application for extensions of the mains before the builder can file plans and specifications. We had gotten tentative approval from Town Board, Planning Board and Engineer for the extension of the mains. If you require any further information please contact me. s/ James A. Klein Mr. Paggi noted that he had given Mr. Klein tentative approval, however as owner of CWWIA, the Town must authorize the Supervisor to sign the application to submit to the Health Department for approval. He recommended that the Town Board take this action. MRS. SMITH moved to authorize the Supervisor to sign application to submit to the Dutchess County Department of Health regarding the water supply for the Nicole Farms Subdivision. Seconded by Mr. Farina Motion Unanimously Carried Residents of Kent Road were present to request the Board to consider placing four way Stop Signs at various intersections due to high rate of speed that motorists use on this road. There are many children in the area and it is hazardous for them to ride bikes or even cross the road safely. The spokesman for the group identified himself as Dona]d Havas, 1 Pippin Lane and suggested that four way stop signs be placed at the foot of the hill off of All Angels Hill Road at either Baldwin Drive or Pippin Lane, Cady Lane, Lake Oniad Drive and Central Avenue. 252 Mrs. Paino referred this request to the Engineer and Highway Superintendent for their review and recommendation to the Board by the next meeting on September 19, 1988. June Visconti was recognized by the Chair and referred to the existing vacancy on the Planning Board. She was aware that the Board was waiting for a recommendation from that Board, however, there was a resume on record for this appointment and she questioned the status of this appointment. Mrs. Paino reiterated that they were waiting for a recommendation and hoped by the September meeting they would have more resumes to consider. There was no other business to come before the Board. MRS. PAINO moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The meeting adjourned at 9:50 P.M. The August 15th, 1988 meeting reconvened at 10:00 P.M. with all five Town Board Members present. Mrs. Paino announced that it was for the sole purpose of withdrawing four sites from the alternate list submitted to the DCARC required for the procedure when the Town objected to their original proposal for housing six retarding women at 5 Drew Court. Since the list was submitted, Mrs. Paino has heard from four of the property owners requesting that their homes be withdrawn from the list because they did not want to sell their property to DCARC. These four homes are located at Eck Road, Shale Drive, Gary Place and Orange Court. MRS. PAINO moved to remove the above stated homes from the list of alternate sites for 5 Drew Court. Seconded by Mr. Reis Motion Unanimously Carried MRS. PAINO moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The meeting adjourned at 10:10 P.M. Reg. Mtg. 8-15-88 Elaine H. Snowden Town Clerk