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1985-10-21 RGM r, L. r') I 11 il Ii I I ! I I \ I I I, I I I I II I. 'I AGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING OCTOBER 21, 1985 1. SUPERVISOR CALL MF.ETING TO ORDER 2 . ROLL CALL PLEDGE ALLEGIANCE ~O FLAG 3. ACCEPT MINUTES: Spec. Oct. 3, 1985 Reg. Oct. 7, '85 4. REPORTS OF OFFICERS: SupjCompt. thru aug. Bldg. Insp. 5. PETITIONS & COMMUNICAtIONS a. Ronald Walden request to become tenant to Rockingham Farm S.D. b. James Klein request for Town to accept Fieldstone Blvd as Town Rd., and release Performance Bond c. R. Evangelista re: Amounts for letters of Credit for Lookout Point Subd. Sects. 1 & 2 d. Eugene Adams re: Question as to whether Parcel of property is or is not in Water District - and possibility of becoming Tenant if not in a District. e. Copy of correspondence frem Jas. Sp~att, Comm. to Town resident concerned about sight distance at Pye Lane-All Angels inter- section f. Morris & Andros - Addendum #2 to Oaklwood Knolls STP Plan g. Darlene Sweeney re:"Children at Play;" signs for Helen Drive 6. COMHITTEE REPORTS 7. RESOLUTIONS a. Ordinance Amending Ordinance Regulating Use of Park Lands in Town b. Bids for Phase VI Stream Cleaning & Storm Drainage c. Resolution for levying Delinquent Water & Sewer rents I 8. UNFINISHED BUSINESS !I 9. NEW BUSINESS II 10. ADJOURNlvJENT II II II II 11 q II II II II 36e The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on October 21, 1985 at the Town Hall, Mill Street, Wappingers Falls, New York Supervisor Versace opened the Meeting at 8:00 P.M. l Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk The Supervisor invited all to join in the Pledge of Allegiance to the Flag. The Minutes of the Special Meetings of September 26 and October 3, and the Regular Meeting of October 7, 1985, having previously ~ been forwarded to all Town Board Members, were now placed before them for their consideration. Mrs. Ballard had not received the Minutes of the October 7, L 1985 Meeting. MRS. BALLARD moved that the Minutes of September 26 and October 3, 1985, be and they are hereby approved, as submitted by the Town Clerk, and the Minutes of October 7, 1985 be tabled to give her an opportunity to review them. Seconded by Mrs. Paino Motion Unanimously Carried Reports were received from the Supervisor/Comptroller thru August, Building Inspector, Zoning Administrator and Zoning Enforcement Officer for the month of September. The Zoning Reports were not received by Mrs. Ballard. MRS. PAINO moved to accept the REports from the Supervisor/ l Comptroller and Building Inspector and place them on file, and table acceptance of the Zoning Administrator and Zoning Enforcement Officer REports until Mrs. Ballard receives and reviews them. Seconded by Mrs. Ballard Motion Unanimously Carried 3~ Petitions & Communications---- A request was received from Ronald Walden for permission to connect to the Rockingham Farms Sewer District as a tenant; the property is located on Peel Lane in Edgehill Manor, Lot #7. Mr. Versace noted that approval would first have to be obtained from the Dutchess County Health Department before the Board - could consider this request. The resident would also have to be apprised of the Tenant Policy which includes a $500 hook-up fee plus double the operation and maintena~erates that are are presently being charged to the residents of that district. MR. VERSACE moved to contact the Dutchess County Department of Health requesting approval for this hook-up and inform Mr. Walden of this action and the conditions of the Tenant Policy. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. James Klein wrote to the Board requesting that they accept Field Stone Farms Road as a Town Road and release the Performance Bond. ~h - ~ A report was received from Mr. Evangelista recommending that the Town not accept the road at this time due to several items that needed completion. Mr. Evangelista was present and explained the items in question; a copy of his letter was forwarded to Mr. Klein so he would be aware of the work that had to be done before the Board would accept the road. Mr. Versace indicated that he would like to see this work completed before the winter season so the Town could provide road services to the residents. He urged Mr. Evangelista and Mr. Croshier to keep on top of this matter so that it could be addressed at the November 4th, 1985 meeting. MR. VERSACE moved to table consideration on the acceptance of 1985 meeting. - Field Stone Farms Road as a Town Road until the November 4th, Seconded by Mrs. Ballard Motion Unanimously Carried A letter was received from Mr. Evangelista recommending the amounts of Letter of Credits that should be submitted to the Board for Section 1 & Section 2 of Lookout Point Subdivision. 3/tJ MR. VERSACE moved to receive the recommendations of the Engineer for Sections I & 2, Lookout Subdivision regarding amounts of Letters of Credits, and place them on file. Seconded by Mrs. Paino l Motion Unanimously Carried Eugene Adams wrote to the Board questioning whether the Adams and Puretz Subdivision, Myers Corners Road west of Oakwood Knolls, was in a water district, and if not, would there be a possibility of becoming a tenant to the nearest district. Mr. Versace had researched the status of this subdivision and learned that there have been several extensions of the pre- liminary approval. It appeared to him that Mr. Adams is aware that they are close to two water districts, Central Wappinger Water Improvement Area and Oakwood Knolls Water District, and provision for water service must have been included in the preliminary approval of this subdivision. MR. VERSACE moved to send a letter to Mr. Adams requesting that he review his application for the nine lot subdivision to determine the provision that was made for water service to this property. Seconded by Mr. Incoronato [ l Motion Unanimously Carried The Board received copy of correspondence from Mr. Spratt, Commissioner of Dutchess County Public Works, to Peter Schwindeller, resident of Deer Run Drive, regarding the sight distance at the intersection of pye Lane and All Angels Hill Road. Mr. Spratt indicated that his engineering staff will study this intersection and if they determine that there is a need for additional sight distance at this intersection he will notify the Town of the necessary action that will have to be taken to provide additional sight distance. Mrs. Ballard reported that she has consulted with Mr. Spratt on this matter and the response usually states that the sight distance is adequate. In her opinion it is a difficult inter- section and part of the problem is due to those drivers who will not comply with the 45 MPH speed limit. It would help if the County kept the growth cut back. The current County bond issue does not include any work on All Angels Hill Road; she ~II is not aware of any plans to widen this road. This subject of sight distance has been a concern of the area residents for many years and in the past they have not been successful in receiving cooperation from the County; perhaps this time they will. MRS. BALLARD moved to receive this letter and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried - The Board received Addendum #2,prepared by Morris & Andros, to the Oakwood Knolls Sewer Treatment Plant. Mr. Evangelista explained that this document clarifies some of the questions that came up at the last public informational meeting; he briefly explained the contents and invited questions from the Board Members. MR. VERSACE moved to receive Addendum #2 to the Oakwood Knolls Sewer Treatment Plant Plan and place it with related material already on file. Seconded by Mr. McCluskey Motion Unanimously Carried - Mrs. Paino requested that the firm provide the Board with a cost to lay 2,800' feet of pipe on Roberts Road. This was not included in the first report and it is not included in this Addendum #2. A letter was received from Mrs. Darlene Sweeney requesting that a "Children at Play " sign be placed on Helen Drive; included was a sketch indicating the location where she and other residents felt the sign should be placed. MR. VERSACE moved to authorize the Highway Superintendent to place "Children at Play" sign at the location requested by Mrs. Sweeney. Seconded by Mrs. Paino Motion Unanimously Carried ~ ~ Committee Reports--- Mrs. Ballard, Town Hall reported on status of construction at new Town Hall and it seems to be on schedule. Mr. McCluskey had questions on Town Hall---questioned whether Town had a permit for blacktopping and curbing; expressed concern that there was no exterior lighting, especially in light of the Halloween season. 3M ! Mrs. Ballard did not think there was a problem with vandalism but she would check with Mr. Liscum of Hayward and Pakin regarding exterior lighting. He also checked the Town Clerk's window in the new Town Hall, along with the Town Clerk and he agreed that it was far too small for taking care of the public. They discussed it with l..........' . .' Mr. King and Mr. Liscum and they said they would get back to him, however he has had no response from them. ~ In regard to these items, Mr. Versace noted that the Vandalism Patrol checks the site several times while on duty and they do leave the car to walk around the building. He will contact Mr. Liscum in regard to the size of the Town Clerk's window. Mrs. Ballard, Recreation, reported that Mr. Maurer is getting prices for the permanent fencing on Spook Hill Road at the recreation site; the Commission has discussed trying a three rail fence with green mesh wire which would be more attractive in the rural area instead of a chain link fence. The temporary fence is not working out very well since the young drivers L: L. ...; remove the snow fence and drive into the area. Mr. Baisley has been busy in Long Island removing trees after the hurricane so he has not provided Mr. Maurer with a cost estimate to remove a large tree in the middle of the Town right-of-way that runs between the two properties going on to Nancyaleen Drive where they intend to make a one rail path. As soon as these costs are submitted the project will move along and should be completed this year. Mrs. Paino reported that the roads in the Pondview have been completed and curbs have been put in. Mr. Evangelista noted that his inspector has made periodic inspections but the final ~ inspection will not be made until the developer notifies them l that the work is completed. Mrs. Paino then requested the Engineer to keep abreast of this situation so the roads can be dedicated to the Town before the winter months and the residents will have their roads plowed by the Highway Department. Mrs. Paino, Drainage Project, Hamilton Road---has visited this site on several occasions; the project is dragging along for over eight weeks and the residents in area are concerned about condition of the road. The contractor should make sure that the 313 blacktopping is flush with the original road when they do this work. The road should be cleaned up and large pipes removed from the area, the fence should be repaired and backhoeing and filling is required behind one of the drains at the top of the hill. Mrs. Paino has contacted Central Hudson to request that the pole be moved back, which was one of Mrs. Hamilton's concerns. She also asked Mr. Croshier to put guard rails on the creek side d on the lower portion of Hamilton Road. Mrs. Hamilton's Attorney wrote to the Town Board regarding her concerns and copied Mr. ~ Evangelista; he then contacted the contractor requesting that they address each item specified in the Attorney's letter. Mr. Evangelista had conversation with the contractor today and was informed that they will pick up the County permit today and will be back at the site on Wednesday. Mr. McCluskey was also at the site and it appeared to him that the contractor walked off the job when it was about 95% complete. If the Town had to complete the road could this money be taken from the bond was Mr. McCluskey's question to Mr. Evangelista; he replied that it has nothing to do with the bond, the Town would just delete the amount from the ~......................... 11II contract price. He would check with the Town Attorney to make sure this was a legal practi~e. Mrs. Paino, Recreation, referred to a letter she requested the Town Clerk to write to one of the Recreation Commission members relating to a report he was supposedly doing on swimming facilities for the Town residents. No response has been received from this member and Mrs. Paino asked that a second letter be sent reiterating the request that the report on the feasibility of swimming facili- ties in the Town be forwarded to the Town Board; if this report is not submitted to the Board, the Recreation Commission should be requested to appoint another member to perform this task. ~~ ~ Carl Amburgey requesting that a double patrol of eight hours each ~ ~ Mr. Versace referred to correspondence received from Deputy Sheriff be put on Vandalism Patrol starting Wednesday, October 30 thru Saturday, November 2, 1985, for the Halloween season. MR. VERSACE moved to authorize Deputy Sheriff Carl Amburgey to put on the extra patrol on the dates he requested. Seconded by Mr. Incoronato Motion Unanimously Carried L '-' l 'w l 3/-<1 . Mr. Versace mentioned that he spoke to a representative from the Boy Scouts regarding their recycling program and it was indicated to him that although the location that the Village provided for them was working out very well, they had to 17elocate due to the Tri-Municipal Project. The present site is inadequate) difficult for residents to getto due to the construction. The recycling is a benefit to the community and has a two fold purpose---cuts down on quantity of garbage which helps the landfills and it gives the residents the opportunity to help the Boy Scouts. Their intent is to relocate again and after checking various sites, - . Mr. Versace suggested that they use the area at the Highway Department where two dumpsters are already located for the Town's Saturday Morning Garbage Program. He felt it would work out very well for the Boy Scouts and the area would be protected since the gate is closed during the evening hours and there is a person on duty for the Saturday Program. The Boy Scouts will man the program and the representa- tive Mr. Versace spoke to assured him there would be a surveil- lance of the area to make sure papers are not left outside the gate when the program is not in operation. MR. VERSACE moved to allow the Boy Scouts to place a dumpster for their Recycling Program at the Highway Department and notify the representative from the Boy Scouts to contact the Highway Superintendent who will determine the proper location for the dumpster. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Incoronato referred to motion made at last meeting to refund $47.00 to Mr. Euge~Broadie, 2 Fleetwood Drive for third quarter sewer billing for the Fleetwood Sewer District when it was learned that he has never been hooked into this District. Since then it was discovered that the property was served by a septic system that is presently malfunctioning. Normally, it is not the policy of the Town to be responsible for the connection from the main line to the horne, however, in light of the fact that the benfit assessment and operation and maintenance charges have been paid ~or_the past fifteen ~/~ years by the former owner and currently by Mr. Broadie, he has appealed to the Town Board to consider the possibility of installing the lateral from the main to this home at no expense to him. MR. INCORONATO moved to refer this matter to the Attorney for his legal opinion on whether Mr. Broadie can connect to the Fleetwood Sewer District at no expenditure on his part. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Incoronato, Ordinances---noted that about a month ago our Zoning Administrator and Building Inspector attended a state wide conference pertinent to their respective offices, and were introduced to the notion of the appearance ticket whereby a Zoning Enforcement Officer, a Fire Inspector and a Building Inspector can, like a police officer, cite somebody on his own standing and viewing of an infraction of the law. It has been procedure to issue an "Order to Remedy" and give the person a certain time limit to remedy the situation and if the person did not comply, other long drawn out procedures followed causing considerable expenditures by the Town. Now, these officers can give their own evidence which will stand up in a court of law and in order to implement this new law, the following amendments must be put into effect. The following Amendment to the Zoning Ordinance was introduced by COUNCILMAN INCORONATO: BE IT RESOLVED AND ORDAINED AS FOLLOWS: That the Zoning Ordinance of the Town of Wappinger adopted by the Town Board on March 10, 1980, be and the same is hereby amended by adding thereto a new section, to be Section 505, to read as follows: Section 505. The Zoning Inspector and any deputy inspectors as may be appointed by the Town Board shall have the authority to issue an appearance ticket pursuant to Criminal Procedure Law Section 150.20 in the enforcement of the Town of Wappinger Zoning Ordinance. This Ordinance shall take effect upon adoption, posting and publication, as prescribed by Town Law. MR. INCORONATO moved to set a Public Hearing on this Amendment to the Zoning Ordinance on the 4th day of November, 1985 at 7:45 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York to hear all interested persons. Seconded by Mrs. Ballard Motion Unanimously Carried - ~ ~ ~ ~ -.~ IiIJ 3~ The following Amendment to an Ordinance for Administering and enforcing the New York State Building Code was introduced by COUNCILMAN INCORONATO: BE IT RESOLVED AND ORDAINED AS FOLLOWS: L That Section 5 with respect to the duties and powers of the Chief Building Inspector be amended by adding thereto an additional paragraph (E) to read as follows: ~ (E) The Chief Building Inspector and duly appointed deputy inspector shall have the authority to issue an appearance ticket pursuant to Criminal Procedure Law Section 150.20 for the enforcement of this ordinance. This Ordinance shall take effect upon adoption, posting and publication, as prescribed by Town Law. MR. INCORONATO Moved to set a Public Hearing on the Amendment to the Ordinance for Administering and Enforcing the New York State Building Code on the 4th day of November, 1985 at 7:45 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York to hear all interested persons. Seconded by Mrs. Ballard Motion Unanimously Carried l The following proposed Local Law, amending Local Law #3 of 1983 was introduced by COUNCILMAN INCORONATO: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: That Article 8 be amended by adding thereto paragraph "C" to read as follows: C. The Building Inspector and the Fire Inspector shall have the authority to issue an appearance ticket pursuant to Criminal Procedure Law Section 150.20 in the enforcement of Local Law #3 of the year 1983. The following resolution was offered by COUNCILMAN INCORONATO who moved its adoption: ~ WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 21st day of October, 1985, a proposed Local Law Amending Local Law #3 of 1983, and L 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 4th day of November at 7:45 P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, New York. 3/7 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by due posting thereof upon the bulletin board maintained by said Town Clerk in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays Mr. Incoronato informed those present that Commissioner Roger Akeley, Dutchess County Department of Planning would make a presentation of the soil map on Tuesday, October 22, 1985 at 7:30 P.M. at the regular meeting of the Citizens Zoning Advisory Committee and all were invited. Mr. Incoronato referred to the Fleetwood sulphur report that all Board Members had received and presents ways and means to neutralize the sulphur in the system. There are two wells in the district, one pumping about 60 gallons per minute and one pumping 30 gallons perminute; the larger one throws out a tremendous amount of sulphur that is contaminating the entire water supply. The report includes several alternatives to combat this problem and Mr. Incoronato requested that a work shop meeting be scheduled to examine the alternatives of treating the sulphur problem. Hopefully by the Spring of 1986, they will be able to eliminate sulphur from the Fleetwood water supply. At a previous meeting the Town Board was made aware, by Mr. Incoronato, that the New York State Department of Transportation approved a traffic light at the Route 9D interection at Chelsea Road and Baxtertown Road. Official notice of this action was received and read as follows: "It pleases me to inform you that the New York State Department of Transportation is in the process of preparing plans for proposed improvements at the noted inter- section. The improvements consist of constructing left turn lanes on Route 9D in both northbound and southbound directions. Also, a traffic signal will be installed at the intersection " This notice was a confirmation of Mr. Incoronato's earlier verbal report. Mr. McCluskey had comments to make on the subject of swimming pool facilities for Town residents. There aren't many services the Town can provide for the Village residents, but this type of recreation would be something for them to enjoy. He felt it was a matter for the Town Board to consider. He read the ~ Ii:lIIII ~ ~ ~ ~ d 3/R L following press release: "The time has come for the Town Board of the Town of Wappinger to take a positive stance at starting the planning process for the construction of a Town swimming facility. In the past this project has received little more than scant lip service. It took too many years for the Town to afford the construction of a new Town Hall. Many officials were surprised that the public overwhelmingly support our move into the twentieth century. I feel that many officials will again be surprised to find again the public will support such a big step. We need the facility because there are no public swimming facilities anywhere in the immediate area to benefit the people of our Town. The project would benefit all the Town's people. It would be available to all age groups and all income groups. The people of the Village of Wappingers Falls feel that they are getting shortchanged on their tax dollars to the Town. This project would equally benefit all. Once built, a fee schedule charging modest fees for the use of the facility could be used for maintenance and manpower. If at all possible, the site should not only include swimming activities, there should also be ballfield facilities and other sports and a picnic area not to mention a large parking area. The site should be designed for families who would like to spend the whole day there". ~ Mr. McCluskey referred to the fact that there are monies available that could be used for this facility---$130,000.00 from the Parklands Trust Fund, which is the purpose of this fund, recreation for Town residents of all ages; $156,000.00 expected Federal Revenue Sharing Funds for 1986; on October 17th, letter L was received from Victoria Best, Executive Director of the Youth Bureau notifying us of an award of $17,000.00 to the Town plus $50,000.00 consortium funds for 1986, total amount of $353,000.00, hold back $50,000.00 for emergency, that still leaves $300,000.00 to start with. Another thought crossed his mind would be to share this facility with the Wappinger Central School District. At present they use the YWCA facilities for their swimming teams since the YMCA has closed. This subject has been discussed for many years with the Recreation Commission, but it never gets off the ground; no criticism to that Commission, but the subject has been brought up again and again and monies are never allocated ~ for such a facility. All Town Board Members joined in this discussion---Mrs. Ballard l interjected her comments that this matter was discussed many years ago by the school district and at that time the taxpayers and Wappinger Central District did not go along with the expense of a swimming pool for the use of the district and the residents. If the intent is to have an all season facility, the proper place is in the school budget of WCS because it encompasses several towns. The discussions held by the Recreation Commission have 3/1 been geared to a summer facility which would be less costly and available to Town residents. The Citizens Recreation Advisory Committee, formed in 1984, recommended that the Commission look into the possibility of a summer facility and they did assign an individual to research the matter, but unfortunately, they work very slowly and that is what we're up against. It would be great if the Town, Village and school ~ ~ worked together for this goal. Mrs. Paino reiterated her concern that one of the Recreation ~ members was assigned to do this task and never did it, now money is being put back in for 1986 and she wants to make sure it is done. Mr. Incoronato joined in with the comment that a committee should be formed with the intent to accomplish this goal in 1986 and they should give some thought to the idea of using the Town Hall site as a swimming pool for summer activity; Hunters Creek flows through that location and it would be a natural area to dam up and use, plus the factor of lower cost, fresh water, eliminates costly ceramic pools and vinyl liners, centrally located and d( ~. ~ convenient to Village residents. One person should not be charged with this study; a Citizens Advisory Committee made up of a group of interested people would be more effective. MR. MCCLUSKEY moved to form a Swimming Facility Committee to study all possibilities of providing swimming facilities to Town residents. Seconded by Mr. Incoronato Motion Unanimously Carried. Prior to this vote, Mr. Versace summarized the comments made by the Town Board members and others who joined in the discussion. ~ He felt the Recreation Commission should not be taken to task for not achieving this study---it is a volunteer board and this ~ CiI is a large task. Two members of the Board felt it should be delegated to a group of people because it would take a great deal of time to investigate all the avenues. This activity is enjoyed by a large group of people and an advisory group is the best way to accomplish this study. Mr. McCluskey asked that they schedule the first work shop meeting in January to discuss the formation of this committee. l ~ L ~ l 3~6 Mr. McCluskey, Town Hall---Town Board Members visited two new Town Halls at the time when Wappinger was planning their project; one had a full time maintenance man and one did not; the buildings were built within six months of each other and the building with the full time maintenance far excelled the other in appearance; for this reason he felt they should look into the creation of this position. Mr. Versace mentioned that a full time main- tenance position was included in the 1986 budget under "Buildings". Mr. McCluskey had a question on Mr. Evangelista's drainage report specifically the Nolan property on New Hackensack Road, Wildwood Drive marked with an asterisk(*). Mr. Evangelista explained that the asterisk items are top priorities, in his opinion, based upon discussion between him and the Highway Superintendent. Perhaps the Board would like to discuss the items they felt were priorities at a work shop meeting. Resolutions--- A Public Hearing having been held on October 21, 1985 by the Town Board, on an Amendment to the Ordinance Regulating the Use of Park Lands in the Town of Wappinger, the matter was now placed before the Board for their consideration. The following Ordinance was offered by SUPERVISOR VERSACE who moved its adoption: BE IT RESOLVED AND ORDAINED as follows: Section 1: That this ordinance shall supersede prior ordinances regulating the use of park lands in the Town of Wappinger. Section 2: This ordinance shall apply to all park lands within the confines of the Town of Wappinger, Dutchess County, New York, exclusive of those lands lying within the corporate limits of the Village of Wappingers Falls. Section 3: It shall be unlawful for anyone to ride, push, pull or operate a motor vehicle, a motorcycle, motor bike, a snowmobile, or any other type of vehicle mechanically driven within any park lands in the Town of Wappinger, except on highways, roadways or streets or in parking areas designated for the use of such vehicles within such park lands. Section 4: It shall be unlawful for anyone to ride, push, pull or operate a motor vehicle, a motorcycle, motor bike, a snowmobile, or any other type of vehicle mechanically driven within any area of a park unless that person who is operating or in charge of the ~aid mechanical device is duly licensed by the State of New York or the State of his/her residence. Section 5: It shall be illegal and unlawful for any person to use, enter upon or occupy any park lands within the Town of Wappinger, Dutchess County, New York, except strictly during the hours established for its use by the Town of Wappinger Recreation Commission. Until the hours are changed by the said Commission, the legal hours for the parks shall be 3~ as follows: the park lands shall be open one hour before sunrise and shall be closed one hour after sunset. Section 6: The Town Board of the Town of Wappinger hereby delegates to the said Town of Wappinger Recreation Commission hereafter the duty of establishing the hours for the use by persons of each of the parks or portions thereof within the Town of Wappinger. In the event any change of the park hours shall be made, such hours of opening and closing shall be posted in the Town Clerk's Office of the Town of Wappinger and at such other places as the Town Board may direct. However, regardless of the posting of signs at the parks themselves it shall be deemed that any user thereof is charged with knowledge concerning the hours that the park shall remain open and the hours when the same is closed. In the event any person violates the hours of such park opening and closing as posted at the Town Hall, such person for the purposes of this ordinance shall be deemed guilty of a trespass upon said park lands in violation of this ordinance. ~ IiIII ~ Section 7: In the event the Town of Wappinger Recreation Commission modifies the hours herein, such modified schedule shall be filed with the Town Clerk within ten (10) days after its adoption or amendment and the Town Clerk shall post such new hours. Section 8: Any person vio~ing the provisions of this ordinance shall be guilty of a violation of the Penal Law of the State of New York. Section 9: This ordinance shall take effect immediately upon adoption, posting and publication, as provided by Town Law. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays ~ Mr. Versace requested the Town Clerk to notify Deputy Sheriff Carl Amburgey of the adoption of this Ordinance, so the Vandalism Patrol is aware that they can enforce this law. One bid was received on October 17, 1985 on the Hilltop-Edgehill Stream Cleaning Project from Novak Equipment Co. in the amount of $48,671.00. A written report was received from the Engineer and he was present to discuss it with the Board. The reason that several contractors purchased the bid plans and specs each time it went to bid, and did not submit them on the given date, could have been that this is their busy season when they are ~ trying to complete projects before the winter season begins. The project, in his opinion, is a worthwhile one and should be ~ pursued, however it would have to be the Board's decision on whether to accept the bid, although it was slightly greater than the engineer's estimate (approximately 20%) or to again rebid the project for a future date and postpone commencement of the work involved until the Summer of 1986. By following this procedure it could be possible to get a better price since there is not much material required, there's more labor involved. 3;<2.. MRS. PAINO moved to reject the bid from Novak Equipment Co. for the Hill-top-Edgehill Stream Cleaning Project and rebid at a future date to be recommended by the Engineer. Seconded by Mr. Incoronato Motion Unanimously Carried L The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, that all delinquent water and sewer bills in arrears as of November 8th, 1985 in: Oakwood Water District, Central Wappinger Water Improvement Area, Ardmore Water Improvement Area, Watch Hill Water Improvement Area, Wappinger Sewer Improvement Area #1, Wildwood Sewer District, Rockingham Farms Sewer District, Fleetwood Sewer District and Mid-Point Sewer District, in the Town of Wappinger, be forwarded to the County of Dutchess to be placed on the Tax Rolls of 1986. A list of all delinquent charges will be forwarded to the County on November 15, 1985. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: l WHEREAS, a variance application fee (Appeal #828) was received from Mr.Michael Classey, and WHEREAS, a variance application fee (Appeal #829) was received from Mr. Anthony Pagano, and WHEREAS, it was determined that these variances were not required, BE IT RESOLVED, the sum of $35.00 be and is hereby refunded to Mr.Michael Classey and also to Mr. Anthony Pagano from Account #B 2112, General Fund/Town Outside Village. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays f I The Assessor has completed the Benefit Assessment Rolls for the Water and Sewer Districts and it was now required that the Town Board set a date and time for the Public Hearings on these rolls. l MR. VERSACE moved to set the Public Hearings on the Benefit Assessment Rolls for the Water and Sewer Districts and Improve- ment Areas on November 4th, 1985 at 7:00 P.M. and continuing at three minute intervals until completed. Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Snowden noted that the Public Hearing on the Federal 3~3 Revenue Sharing Budget had been set by the Supervisor on November 7, 1985 and requested the Board to consider setting the Public Hearing for the Preliminary Budget concurrently with the FRS Budget. The Board agreed and the Public Hearing on both the Preliminary Budget for 1986 and the Federal Revenue Sharing Budget for 1986 will be held concurrently on November 7, 1985 at 7:30 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Mrs. Snowden had an item to discuss with the Board regarding a problem with the issuance of a Salvage Yard License to Mid-Hudson Auto Wreckers. It is her responsibility to issue these licenses upon notification from the Zoning Administrator that there are no existing violations on the site. By letter of October 4, 1985 to the Town Clerk, the Zoning Administrator recommended denial of this license, however, included with this correspondence was a copy of an Order to Remedy served on Mid-Hudson Auto Wreckers and allowing them two weeks (October 18th) to comply. Mrs. Snowden discussed with the Zoning Administrator the due date for compliance on the "Order to Remedy" and the wiGdom of the Zoning Adminis- trator recommending denial of license prior to that date. The Zoning Administrator subsequently requested no action be taken until after further investigation was completed. At this time, Mrs. Snowden was seeking direction from the Board, not from the zoning Administrator, on whether to issue the license or not. Mr. McCluskey noted that the attorney for Mr. Shapiro (principal of Mid-Hudson Auto Wreckers) has stated that the Town's action is unconstitutional and he requested that the Attorney to the Town provide the Board with his legal opinion in this matter, after Mrs. Snowden has received notification from the Zoning Administrator regarding compliance or non-compliance by that company. MR. MCCLUSKEY moved to refer the matter to the Attorney to the Town for his opinion on the issuance of a Salvage Yard License to Mid-Hudson Auto Wreckers when the status of compliance has been determined. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Incoronato had comments to add to the discussion and noted - I - L '-" L -. L .322/ that this license cannot be issued at this point because the owner has not complied with the setback. There was a further agreement made in 1982 signed by Mrs. priscilla Shapiro as President of Mid-Hudson Auto Wreckers whereby she agreed to abide by all zoning regulations. In view of this, they would have to comply with the 1984 Amendment to the Junkyard Ordinance. He also emphasized that the $250 fee should not be returned under any circumstances whether the license is issued or not, pursuant to the Amendment of 1984. Mr. Versace had one more item for Town Board consideration, not placed on the Agenda but previously received by the Town Board regarding a recommendation from the Engineer on payment to Dave Alexander Inc. on Phases III and IV Stream Cleaning and Storm Drainage Program completed on DeGarmo Hills Road, Tor Road and Rich Drive Section. A payment of $44,196.43 and $6,475.26 (5% retainage fee deducted) was recommended by the Engineer for these projects. He asked the Board Members to consider this payment to the contractor; although it was not included on the Agenda, it was payment due on completed projects already approved by the Board and he saw no reason to postpone autlJ'Jrization for payment unti.l the nf.=xt Board meeting. MR. VEHSACE moved to authorize the Comptroller to pay the amounts of $44,196.43 and $6,475.26 for Phases III & IV Stream Cleaning and STorm Drainage Program, as recommended by the Engineer. Seconded by Mrs. Ballard Motion Unanimously Carried There was no other business to come before the Board. MR. INCORONATO moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The Meeting adjourned at 9:33 P.M. ~~~~ Town Clerk Reg. Mtg. 10/21/85 \- ~\-- A Public Hearing was held by the Town Board of the Town of Wappinger on October 21, 1985 at the Town Hall, Mill Street, Wappingers Falls, New York on an Amendment to an Ordinance Regulating the Use of Park Lands in the Town of Wappinger. Supervisor Versace opened the Hearing at 7:52 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk and Publication duly signed and notarized. (These Affidavits The Town Clerk offered for the record the Affidavits of Posting are attached hereto and made part thereof of the Minutes of this Hearing) . Mr. Versace explained that this law was introduced because of problems in the past keeping up signs at the recreation areas indicating the hours of opening and closing. The law enforcement agencies were unable to enforce this law if there was no sign to inform the public of the hours they were allowed in the parks. The language in this amendment will enable the enforcement agencies to issue summonses to the violators. The Attorney has researched this situation in other towns and found that this was the law they had on their books. Mr. Versace asked if there were any comments from the public. Mrs Alberta Roe, Regency Drive---he~ area has established a neighborhood watch, what procedure should they follow if they see someone violating this law, should they report it to the proper agencies and have them follow it through. Mr. Versace believed that they should report the incident, giving all the necessary information to the proper agency and be willing to be a witness to the fact. That is what is necessary in order for our courts to penalize the offender. There were no other comments made by the public either for or against this Amendment . MR. MCCLUSKEY moved to close the publio Incoronato and unanimously carried. hearing, seconded by Mr. &~~~ Elaine H. Snowden Town Clerk The Hearing closed at 7:56 P.M. TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK --------------------------------- IN THE MATTER OF AFFIDAVIT OF POSTING c NOTICE OF PUBLIC HEARING ON AN AMENDMENT TO AN ORDINANCE REGULATING THE USE OF PARK LANDS IN THE TOWN OF WAPPINGER -------------------------------------- STATE OF NEW YORK COUNTY OF DUTCHESS ss ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected , qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on October 9, 1985, your deponent posted a copy of the attached notice of Public Hearing on an L Amendment to an Ordinance Regulating the Use of Park Lands in the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. ~w \\ S'Lt~ Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this c:? I day of (Q,~.i- 1985. L '" J I Notary Public ..... ............... -.. . JIlI4lI..1I _ ~ oL ColnoI.......... ......1IraV .,..,."" ~. aaaaJ !]. .11:). NEvVS DISPLA Y ADVERTISING -:- CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET-WAPPINGERS FALLS. NY 12590 ~\ , ' I NOTICE OF PUBLIC HEARING I NOTICE IS HEREBY GIVEN. that a .. Public Heering win be held by the Town of Wappinger Town Board on the 21 It day of October, 1985 at 7:50 P,M. at the Town Hal located on MAl Street. Weppingers F..... County of Dull:'- IIllI State of New YOlk, ! concerning an amendlMnl to an ordinance j nlQulatl"llthe UlMI of park IandI in the Town I of WappInger. The following Ordinance wu Introduc:ed by SUPERVISOR VERSACE: ; BE IT RESOLVED AND ORDAINED II ~~: ., Section 1: Thill this ordinance III'" supercede prior ordlnances regUlating the j use of park. landa In the Town of Wappinger. .. SectlOn.2: Th~rdln.lllC8 Ihall apply 10 all park landa In the confines of the TownofWappi ,Duta-County, New York. excluJiYe !hole lands Iy willlin 1he cr"r.:r:teum of the ~II~ "wapp:. ~ 3: U III be unlawful for anyone to ride, push, pull or oper8,le a motor VehI- cle, a molorcycle, mOlor bike, a snowmobile. or any other type of vehicle mechanically driven willlln any park lands In the Town of Wappinger, excepl on highways. roadways or 8lreats or In park. Ing ar... designated for the uae of such venlclea wrthln luch park landl. 8acUon 4: U aIIall be unlawful for anyone , to ride, pu.h, pull or operate a motor vehI- cle, a molorcycle, motor blk.. a Inowmobile, or any other type of vehicle mechanically driven wrthin any area of a park un.... that person who is operating or In charge of the aald mechanical devic8 II duly licenaed by the Stale of New YOlk or the Stele of hlalher realdence. 8acUon 5: U ahaJI be Ulegal IIllI unlawful for any pelSon 10 use, enter upon or oocupy any park lands wllhln the Town of Wapp- inger, Dutcheas County, New YOlk, o;capl 8lriclly during the hours eatabllaIlad lOr ita use by the Town of Wappinger RlIcreatlOn Cornmlnion. Until the hours are changed' by the sald Cornmiaaion, the legal hours for the parks ahalI be u foIowa: the park lands Ihall be open one hour before lunrise and ahall be ctoaed one hour afler lunaet. SectIon .: The Town Board of the Town of Wappinger hereby deIagat.. to the sald Town of Wappinger Recnlalion ComrnIao- lion hereafler the duty of eatabllahlng the hours for the uae by pe~a of each of the .. parka or porllona tharaof wAhin the Town of Wappinger. In the _t any change of the pari< hours IhaJI be made, auclI hours of opening and cloalno ahall be poated In , the Town CIerk'1 Offlce of the Town of Wappinger IIllI at such other ~ uthe Town Board may direct. However, regard.... of the poeling of ligna at the parka themeelvaa U ahaIf be deemed thet any uaarlhefaof II charged willi knowledge concerning lhe hours thai the park ahallre- main open and the hours when lhe same ie ctoaed. In the event any person vIoIat.. the hours of such park opening and cJoa. 1 ing u poated at the Town Hall, such per- son for lhe purpoees of IhiI ordinance ahall be deemed gulfly of . trespaas upon sald park lands in violalion of this ordinance. Section 7: In the evenl the Town of WBf> plnger Recreation CornmiaaiOn modifiae the hours herein, such modified schedule ahal1 be liled with Ihe Town Clerk willlln len (10) days after III adoplion or amendmenl and the Town Clerk ahaIl poet such new hours. Section .: Any person violaling the pro- visions of thie ordinance .hall be gulfly of . vioIallon of lhe Penal Law of Ihe Slale of New York. SectIon I: This ordinance lIIalllake ef- fecI Immedlalely upon adopllon, poellng and publicalion, u provided by Town Law. AFFIDAVIT OF PUBLICATION L State of New York. County of Dutchess. Town of Wappinger. ( . . . . . . . . . 9~p~)..a. .qql};v~. . . . . . . . . . . . . . . . of the Town of Wappinger. Dutchess County, New York. being duly sworn. says that he is. and at the several times hereinafter was. the. . . BookkeQi>er. . . . . . '. . . of the W. & S.D. NEWS. a newspaper printed and published every Wednesday in the year in the Town of Wappinger. Dutchess County. New York. and that the annexed NOTICE was duly published in the said newspaper for . .QI;~'. . . . . weeks successively. . once. . in each week. commencing on the. .9th. day of. (Jet.. . 19-85- . and on the following dates thereafter, namely on and ending on the. . 9th. . . . . . . day of. Octobe.r. . . . 19.35. both days inclusive. //1. {r;~a ~ Ut~~Vl\;; . . . . . . . . . . . . . . . . . "' . . . . . . . . . Subscribed and sworn to before me this. . .9.th. . . . . day of. . Oc.to.beZI. 193~. . . . . . . . . ......c;2....;::;. ~~ Notary Public My commission expires. . . . . . . . . . . . . . . . . . . . . . . . . ALBERT M OSi,,:'l NOTARY PUSLlC, STfm cF t":W YOf\'r. QUAliFIED li'i rt!~;:::,~:<:; 1':-jl;~;lY fr 14.2;;:':'0760 . OJ COMMISSION EU'lflLS MI,;:;;" :10. 1:'00