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1985-04-01 RGM o I j J AGENDA TCMN BOARD TOWN OF WAPPINGER B IMONTHL Y MEET ING APRIL 1, 1985 1. SUPERVISOR CALL MEETING TO ORDER 2 . ROLL CALL PLEDGE OF ALLEGIANCE TO FLAG 3. ACCEPT MINUTES 4. REPORTS OF OFFICEI3-S: Bldg. Insp. (Dec. Jan. Feb. ) sup. Annual Report Year End ('84) Audi Repo 5. PETITIONS & COMMUNICATIONS a. John Fusaro re: intolerable Traffic Problem on Losee Rd. b. Donald McManus, N.Y.Tel. Ass't Manager-R/W & Claims, re: Install Mini Hut, etc. on Kendell Farms Sub. c. Bruce Brannen request return of Rd. opening Bond ($120-4 Regenc Drive-1983 ) d. T. Classey, Fire Insp., request further amendment to Fire Prevo Bureau Fee Schedule e. L. Lowney, Village Cler~, forwarded copy of Resolution adopted b Village Trustees relating to Veterans Income Tax Credit, etc. f. James Sedore, Jr., Pres. W.F. Chamber, request reconsideration of L. Pagones as member of Zoning Adviory Committee g. Notice of Public Hearing from Tj Poughkeepsie, and Notice of Completion of F.E. 1. S. and Public Hearing from T/Eas.t Fishkill h. K. Croshier, Highway Supt., request authorization to seek bids for overhead doors for Highway Bldg. i. Henry & Bea Kowalsky re: Run-off water on their property from Indian Village - possible pollution concern j. Liquor License application by China Garden-comments by TIBd 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Kendell Farms - Amended lots for Cons. Park Dist. b. Local Law for Tall Trees C. "Letter of Credit" for Buyakowski, Woodcrest Subd. d. Introduce Amendment to L.L. #3-'83-Fire Prevention Code e. Transfer request by Compt. to purchase tree seedlings f. Introduce Local Law for Fleetwood Water Dist. 8. UNFINISHED BUSINESS a. MacGeorge request tq become tenant to Watch Hill Water Dist. 9. NEW BUSINESS 10. ADJOURNMENT / II i' I )1 l l L . - ~ The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held April 1, 1985 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the Meeting at 8:05 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Bernard Kessler, Attorney Ronald Evangelista, Engineer Kenneth Croshier, Highway Superintendent The Meeting started with the Pledge of Allegiance to the Flag. The Minutes of the Regular Meetings of March 4 and March 18 and the Special Meeting of March 21, 1985, having previously been forwarded to all Board Members, were now placed before them for their consideration. Mrs. Paino noted that the Minutes of the Special Meeting of March 21, 1985 were just received today and asked the other Board Members if they had a chance to review them. They agreed to table action. Mrs. Paino requested that the information on salary information from Morris and Andros which was presented to the Board Members by the Comptroller be included in the March 18, 1985 Meeting. MRS. PAINO moved to table acceptance of the March 21, 1985 Meeting and the Meetings of March 4 and March 18, 1985 be and they are hereby approved as submitted by the Town Clerk (including the salary information from Morris and Andros in the March 18, 1985 Meeting. Seconded by Mrs. Ballard Motion Unanimously Carried Reports were received from the Building Inspector for the months of December, January and February, Fire Inspector for March and the Supervisor's Annual Financial Report. MRS. PAINO moved to accept the Reports received and place them on file. Seconded by Mrs. Ballard Motion Unanimously Carried q7 Mr. John Fusaro wrote to the Board regarding intolerable traffic problems on Losee Road and numerous accidents; he pointed out that the stop signs installed by the Town a few years ago have done nothing to discourage the traffic and the speed limit reduction from 40 MPH to 30 MPH have slowed some motorists down but others still travel at a high rate of speed. He sought relief from the ,j .. Town to resolve the problem. MR. VERSACE moved to contact the State Police to set up a speed trap on Losee Road to control the speed and also request the Dutchess County Sheriff's Office to patrol this road more fre- quently and notify Mr. Fusaro of the Board's action. Seconded by Mrs. Paino Motion Unanimously Carried Mr. McCluskey pointed out that Mr. Fusaro mentioned in his letter the idea of dead ending the road either north of Sucich Place or south of Aladdin Court and he suggested that the Engineer study this idea for feasibility; Mrs. Paino asked that the Highway Superintendent check this out although since it was a connector not be a good idea. Mr. Versace interjected that both dead end It,' II road between Myers Corners Road and Old Hopewell Road it might street and one way street have been mentioned before but due to the fact that it is a connector road, he doubted that the County would go along with it. Nevertheless, Mr. McCluskey wanted to address this suggestion so the residents on Losee Road would know that the Town cares about their problem. MR. MCCLUSKEY moved to request the Highway Superintendent to check out the feasibility of making Losee Road a one-way street. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Donald McManus, Assistant Manager of Right-of-Way and regarding the installation of a Mini Hut, Sack Pad, Conduit, I Claims with the New York Telephone Company, wrote to the Board Cable and associated wires in the Conservation Park District of the Kendell Farms Subdivision to service this new development and the surrounding area. MR. VERSACE moved to request the Telephone Company to contact the Building Inspector for the proper procedure and the proper submissions for this installation. Seconded by Mrs. Ballard Motion Unanimously Carried - 3 ~ l Prior to the vote Mrs. Paino expressed concerns on this Installation; Mrs. Paino questioned the Attorney on any legal implications the Town could possibly get involved in and was told by Mr. Kessler that he had no problem with such an activity. Mr. McCluskey questioned whether they could be taxed since it would be on Town property and was told the Assessor would take care of that aspect. Mr. Incoronato added that he would like to see screening planted. Mr. Versace, however, felt that they had to follow the procedures set forth by the Building Inspector and if it involved Planning Board action all these requirements would be taken care of and if need be, a public hearing would be held by the Town Board, but first let the Building Department decide. Mr. Bruce Brannen, Owner of Strider Construction Company, wrote to the Board requesting the return of his certified check in the amount of $120.00 posted on his road opening permit #83-9 at 4 Regency Drive. The Highway Superintendent reported that the work had been satisfactorily completed and recommended the return of the certified check posted by him. MRS. PAINO moved to authorize the Comptroller to return the $120.00 check to Mr. Brannen of Strider Construction Company. Seconded by Mrs. Ballard t L L Motion Unanimously Carried A request was received from Thomas Classey, Town Fire Inspector to further amend the fee schedule for the Fire Prevention Bureau adopted January 21, 1985. Mr. Versace explained that the Attorney met with Mr. Classey and the Fire Prevention Bureau to discuss this amendment and other matters and he preferred to table action on this request until a further report was received from Mr. Classey pertinent to the discussion held. MR. VERSACE moved to table action on this matter for further information. Seconded by Mrs. Paino Motion Unanimously Carried The Village of Wappingers Falls Board of Trustees wrote to the Town Board informing them that they had adopted the resolution q9 urging the state legislature to enact Veterans Income Tax Credit to replace provisions for Real Property Tax Exemptions. This resolution was sent to all our neighboring towns and villages by this Town asking that they support us in this attempt to achieve equal exemption for all veterans not just those who own property. MR. MCCLUSKEY moved to receive this correspondence and place it on file. Seconded by Mrs. Paino I Motion Unanimously Carried When the Citizens Zoning Advisory Committee was formed, the Town Board required its members to be Town residents. A letter was received from James Sedore, Jr. President of the Wappingers Falls Chamber of Commerce requesting the Town Board to appoint Lee pagones as the Chamber representative to this Committee. He pointed out that although Mr. pagones was not a resident of this Town he is a local, involved businessman and would be their choice to represent the local business community. Mr. Incoronato wishffito comply with Mr. Sedore's request and II appoint Lee pagones as a member of the Citizen Zoning Advisory Committee in light of the fact that they have been unable to provide a Chamber Member who is a resident of the Town and secondly, there are a significant number of Town of Wappinger businesses in the Chamber of Commerce. MR. VERSACE moved to accept the recommendation of the Chamber of Commerce and appoint Lee pagones as their representative on the Citizens Zoning Advisory Committee. Seconded by Mrs. Paino Motion Unanimously Carried Notices of Public Hearings were received from the Town of Poughkeepsie on an Amendment to their Zoning Ordinance and II the Town of East Fishkill on a Notice of Completion of F.E.I.S and proposed Local Laws. MR. MCCLUSKEY moved to accept these Notices of Public Hearings and place them on file. Seconded by Mrs. Paino Motion Unanimously Carried ~G l A request was received from Highway Superintendent, Kenneth Croshier to go to bid for overhead doors for the buildings at the Highway Department. He indicated in his letter that money has been provided for this purpose in the 1985 budget. MR. MCCLUSKEY moved to grant permission to Mr. Croshier to advertise for bids on the overhead doors for highway buildings. Seconded by Mrs. Ballard L Motion Unanimously Carried A letter was received from Mr. & Mrs. Henry Kowalsky on Old Hopewell Road bringing to the Board's attention the fact that Indian Village Development on that road is still having sewage and leach field problems which plague them as well as their immediate down-hill neighbors. At the time the development was built the Kowalskys gave them an easement to pipe their surface water into their pond; now they find it is no longer surface water, it is sewer leakage. In the past years they have found oil slicks floating on top and the pond now has dead fish, also abundant soap suds have been flowing into the pond several times a week from washing machines. Other neighbors are also experiencing this problem on their land. His question was how is the Town going to help the residents of Indian Village and stop the pollution in his pond. Mr. Kowalsky was present and elaborated the problem explained in his letter; Mrs. Cacamo, a neighbor across the street from Wappingers Park (Indian Village) stated that she had trouble with her drinking water ever since the development was built and had spent hundreds of dollars on equipment in an effort to make the water safe, palatable and an acceptable color. All three residents involved (Deppi, Cacamo and Kowalsky) and sent samples to the Dutchess County Health Department for testing. Mr. Versace explained that it was not under the Town jurisdiction but the Town would make every effort to work with the Health Department to help the residents and relieve them of this problem. When they knew what was going on in that development, the Engineer would investigate the problem and recommend a correction. MR. VERSACE moved to direct a letter to the Dutchess County Department of Health requesting that they conduct tests in that area to determine where the leakage is emitting from and send a L 10\ report to the Town Board within thirty days from the date of the letter. Seconded by Mrs. Ballard Motion Unanimously Carried A letter was received from Sandy C. Cheng, President of the China Garden of Dutchess, Ltd. formerly known as Marco's China Restaurant advising the Board that he is in the process of - applying for a liquor license for his restaurant. It was necessary for the Town Board to forward their comments to the Alcohol Beverage Control Board on their objection or acceptance of this application. MR. VERSACE moved to send a letter to the ABC Board indicating that the Town Board has no objection to the issuance of a liquor license to the China Garden of Dutchess, Ltd. Seconded by Mrs. Ballard Motion Unanimously Carried Committee Reports--- Mrs. Ballard, Water & Sewer, reported on the monthly meeting she and Mrs. Paino have with Camo Pollution Control, operators -,., ~,7,'( ;~ of our water and sewer plants. The good news is that the sewer facilities are all operating appropriately and adhering to the requirements of the D.E.C. due to Camo's supervision and the dry winter. Two manholes at the Royal Ridge Sewer Plant were grouted and tightened up to help keep rain water out of the sewer. Camo will conduct an inflow infiltration study of the bad sections of the sewer lines which produce excessive infiltration and inflow of drainage into the sewer pipes. Although they had it all set up to start in March, the dry weather held them back and they are now waiting for a good rain storm in order for the study to be effective. The D.E.C. has requested the upgrading of all sewer -:- i ':', plants in the Town. The Town has requested Camo to conduct a regular program on flushing the sewer lines which will begin approximately June 1, 1985; some districts will be flushed twice a year, others once a year and some once every two years, according to the accumulation. A new type pump and motor has been installed at the Tall Trees Water Plant hoping it willnot have to be done each year. The CWWIA metering program has helped cut down on ~~ l water consumption. Camo and Morris and Andros are still reviewing the aquifer test report and their recommendations are forthcoming. Mrs. Ballard, Town Hall---For the information of the Board Members the telephone number of the trailer on the site is 297-8740. She recommended that the Board visit the site, inspect what has been done and discuss their comments or questions with Mr. Barone from Ossi Contractors who is supervising the project. A good well has beensunk 160' which will provide adequate good water. The footings were poured last week or at least started. The bids for fire alarm and security system will be ready to go to bid on May 1, 1985; the bids on the present Town Hall and the telephone system will be opened on the 4th of April. Mr. McCluskey disagreed with the report that the footings were put in; as far as he could see they were only 1/3 completed and that estimate was being generous; they haven't done the trenches, there is a water problem there, parking area needs fill--the project will never be ready at the scheduled time. He passes every morning around 9:15 and there's noone working and when there is :there's only a few people present. Mrs. Ballard rebutted that she had discussed the water problem with Mr. Barone and he plans to bring in fill although she's not sure when. If Mr. McCluskey had these concerns, he could call Mr. Barone or stop in and talk to him. She repeated her recom- mendation that the Board meet at the site and set a date for April 13, 1985 at 1:00 P.M. Mrs. Paino expressed her concern that the Town gets their money's worth when the constructi~ gets under way and recommended that they hire a clerk of the works to supervise the work on a daily basis to make sure that everything is installed properly and the proper material is being used. On a 1.2 million dollar project, a $10,000 investment would be worth it. Mrs. Paino authorized the Comptroller to contact local contractors architects or engineers and set up appointments for the Town Board to interview these people for this position. Seconded by Mr. McCluskey L L 103 Roll Call Vote: Councilwoman Ballard Councilman Incoronato Councilman McCluskey Councilwoman Paino Supervisor Versace Nay Nay Aye Aye Nay Motion Defeated Prior to this vote there was much discussion between the ~......~"'. II Board Members on this motion. The three "Nay" voters expressed their opinion that this position was not needed, both the Building Inspector and the Architects would provide ample supervision. The two "Aye" voters persisted in their efforts pointing out that if it was their homes there would be constant supervision and the taxpayers deserved their money's worth. Mrs. Paino also read an excerpt from Hayward and pakan's contract stating that they would not be responsible to be there at all times to check the quality and quantity of the work and they would not be responsible for the contractor's failure to carry out the work in according with the documents. She also pointed out that the Building Inspector has enough of his own work to do and cannot de; ?~ Jy be in all places at all times; also bonding was not enough security that the work was being done since the Town has a policy of not accepting bonds from other contractors but insists on a Letter of Credit to make sure they can collect the money if the contractor defaults.- Mr. Versace felt that they had engaged professional people to perform this function; although some of have the Board Members do not /faith in the professional people, .he does. Mrs. Ballard continued with her Committee Reports and reported on Recreation---she sent a memo to the Commission on March 6, 1985 on several items and received the following information. it conflicted with the work shop session, however they were not -'; ;;~ ,:, ,',"',.' She asked them to consider changing their meeting night since able to accommodate her in this matter but changed their time from 7:30 to 8 P.M. Reese Park Committee had been suggested by the Citizens Advisory Committee and Mrs. Reese will meet with this Committee sometime after the Easter Holidays. Permanent Signs, another request from CAC to install these signs at all recreation areas and they are working on it. She met with Hugh IdI J. Maurer, Chairman and Bob Blose, Director of Recreation at the Martz Field and Rockingham Site to discuss future plans for these areas. The Commission has installed new backboards, hoops and benches at Martz. Rockingham field will be the site for the Soccer League. All Board Members received information on the [ seminar some of the Commission Members attended at the beginning of April geared to the maintenance and upkeep of fields, a problem this Town seems to have. It proved to be a beneficial meeting for them. Little League will have their opening day on Saturday, April 27, 1985; Soccer League will be returning outdoors to the Rockingham site for their Spring Season. The League is concerned about the growth of the program and the land that is available. She hopes to find an alternate field to replace Rockingham or additional land; so far there is no flooding this year. One more item related to an episode that occurred several weeks ago and was reported in the Poughkeepsie Journal on March 20, 1985. A resident on Hackensack Heights had a bullet shot through her living room and Sheriff's Office responded. Since then Mrs. [ Ballard has received several phone calls from residents express- ing concern. The area is adjacent to a large parcel of vacant land and prone to this activity. Dennis O'Keefe from the Sheriff's Office will check this area more frequently and Carl Amburghey, Deputy Sheriff, will have the Vandalism Patrol of the Town check the area also. She would like to alert the residents of that area that they should post their land and take pre- cautions to avoid further incidences. MR. INCORONATO moved to direct letter to the landowners to post their land in an effort to avoid a serious accident or fatality. Seconded by Mrs. Ballard Motion Unanimously Carried l Mrs. Paino, Airport---Attended a meeting on March 20, 1985 of Airport Advisory Committee; the most important item is that the County is considering improving the entrance to the Airport on Route 376, left turn stacking lane and perhaps a light, also a right hand stacking lane. The light and stacking lane would $ l.JfJ, tJ 00. .r 0 cost about $150.00, she felt this light would be too close to the intersection light at New Hackensack Road. Mrs. Paino, Landfill---The site at Castle Point will be open .IO~ the first Saturday of each month starting May 4, 1985 from 8A.M. to 12 noon for the exclusive use of Town of Wappinger residents. Town Board and Village of Wappingers Falls Board had a joint meeting on March 28, 1985 and the Town Board has invited the Village to join the Town in town-wide pickup. Mr. Incoronato, Ordinance---Herb Redl property in violation k...~......? II for not complying with a Planning Board requirement to plant 5' plantings to create a 20' buffer between their property and the abutting properties. He asked that the Zoning Administrator be notified to enforce that portion of the permit for Redl on New Hackensack Road. A second concern is the 7-11 Store on Old Hopewell Road who have not complied with a request to install a no left turn sign on that road which should have been done within thirty days from the date of the letter which would bring us to April 4, 1985. He asked that the Zoning Administrator be notified of this violation also and if necessary issue an Order to Remedy. Mr. McCluskey---At the meeting with the Village of Wappingers ~.:...iJ.t II Falls they brought up concerns not familiar with the Board relating to drainage from the Redl"s property. This brought up a point that they should be notified of any zoning change in the Town in cases where the property is in proximity with the Village property. MR. MCCLUSKEY moved to include the Village of Wappingers Falls in notifications of changing of zoning within ! of a mile from the Village. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Versace explained that at that meeting they expressed concern about the problem from Redl property and when they finalized the discussion they agreed that the two Boards would II meet again on mutual drainage concerns which are bound to surface during the widening of Route 9. They will work together to resolve them. IO~ A Public Hearing was held by the Town Board on April 1, 1985 on the Revision of Boundaries and Descriptions of the Kendell Farms Conservation District and the matter was now placed before them for their consideration. The following resolution was offered by COUNCILWOMAN PAINO who l. moved its sdoptioD' WHEREAS, a petition dated November 28, 1983 was presented to the Town Board of the Town of Wappinger with a map and plan requesting that a conservation park district be established in the Town of Wappinger; and WHEREAS, James A. Klein had petitioned the Town Board as a condition for subdivision approval for the creation of a conservation park district; and WHEREAS, the Town Board on March 5, 1984 adopted a resolution reciting in general terms the filing of the said petition and setting forth the boundaries thereof; and WHEREAS; a Public Hearing was held on this matter on April 2, 1984 which considered the petition and which set the boundaries of the district; and WHEREAS, an application has recently been made whereby the description for the conservation ~istrict is requested to be amended, and l WHEREAS, a Public Hearing was held on this matter on April 1, 1985 to consider such revision of boundaries and hear all persons interested in the subject thereof, and WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made, NOW, THEREFORE BE IT RESOLVED, that the Town Board does hereby approve the Revision of Boundaries and Descriptions of Kendell Farms Conservation Park District as shown on the description of Robert L. Campbell, L.S., dated February 25, 1985 as follows: * Description Attached and made a part thereof of the Minutes of this Meeting. and be it FURTHER RESOLVED and determined that this resolution shall take effect upon the adoption of final subdivision approval by the Town of Wappinger Planning Board and execution of the Play by signature of the Planning Board Chairman, and as provided by Town Law. Seconded by: Councilwoman l Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on April 1, 1985 on a proposed Local Law Relating to the Imposition, Charge and Consumtion and Use of Water for the Tall Trees Water District as Well as the Penalties and Enforcement Thereof, the matter was now placed before the Town Board for their consideration. MR. INCORONATO moved to adopt Local Law #1 of 1985 as follows: 101 A LOCAL LAW AMENDING LOCAL LAW NO. 9 OF 1980, AMENDING LOCAL LAW NO. 1 OF THE YEAR 1982 AND DELETING LOCAL LAW NO. 9 OF THE YEAR 1984 RELATING TO THE IMPOSITION, CHARGE AND CONSUMPTION AND USE OF WATER FOR THE TALL TREES WATER DISTRICT AS WELL AS THE PENALTIES AND ENFORCEMENT THEREOF -------------------------------------------------- BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. Section 1 of Local Law No. 9 of the year 1980 is hereby amended by deleting certain provisions thereof and by substituting the following provisions in their place: - A. All water rates are payable quarterly ending on the last day of the months of January, April, July and October, and the minimum rate shall be payable even though no water is consumed, so long as the service shall be considered as connected with the district main unless shut off by authority of the district at the curb box or otherwise at the request of the owner. The minimum rate shall be payable even though water has been shut off when such discontinuance has been made by someone not authorized by the district. B. The owner of any residence served by the Tall Trees Water District shall be obligated to pay the minimum charge of Forty-Nine ($49.00) Dollars per each quarter for consumption of water regardless of the consumption of water for said quarter, provided said owner is connected to the system at any time during the quarter. C. Scuh water rates shall be payable for each of the four quarters of the year and shall be subject to the penalties hereinafter provided. SECTION 2. PAYMENT AND ENFORCEMENT OF WATER RATES. ~./ II A. All water bills shall be due and payable within thirty-two (32) days of the billing date. After the expiration of thirty-two (32) days, a penalty equal to ten (10%) per cent of the amount unpaid shall be added to that bill for the water. B. Said water charges shall constitute a lien upon the realproperty served by the water system of the district, and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rate or other lawful charge imposed by the Town. SECTION 3. If any owner of the real property on which a water charge has been imposed deems himself aggrieved because such real property is not served by the water system or an error has been made in computing such water charge, he may file an application for a refund of all or part of such water charges. Such application shall be verified by such party and shall set forth the amount of refund sought and the grounds therefor. Such .application shall be presented to the Town Comptroller, who shall forward such application to the Town Board with his recommendations in relation thereto. The Town Board may refund all or prt of such water charges. SECTION 4. This Local Law shall supersede all prior Local Laws imposing water rates and penalties and providing for the manner of collection thereof for this district. 1.....-..... II SECTION 5. In addition to any rates heretofore set forth, there shall be a special water charge of Sixty eight and 32/100 ($68.32) Dollars for a period of two (2) years due only on March 1 of the years 1985 and 1986 and payable within sixty (60) days thereafter, said special charge to be separately billed by the district. SECTION 6. This Local Law shall take effect immediately upon adoption and as prescribed by Municipal Home Rule Law. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays l L., :..' l log An amended Letterof Credit was received from Mr. Buyakowski for Woodcrest Subdivision, also a letter from Ronald Evangelista of Morris and Andros indicating that the content and amount of the Letter of Credit was acceptable to that office. MR. VERSACE moved to accept the Letter of Credit for Woodcrest Subdivision based on the recommendation of the Engineer. Seconded by Mrs. Paino Motion Unanimously Carried The next resolution was in reference to an Amendment to Local Law #3 of 1983 on the Fire Prevention Code. Mr. Kessler noted that this was still being discussed by the Fire Inspector and the Fire Prevention Bureau. MR. VERSACE moved to table action on this matter pending recom- mendations from the Fire Inspector after meeting with the Attorney and the Fire Prevention Bureau. Seconded by Mrs. Paino Motion Unanimously Carried The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, there has been a request for funds for purchase of tree seedlings for the residents of the Town, and WHEREAS, there was an overabundance of funds allocated for Dial-a-Ride, NOW, THEREFORE, BE IT RESOLVED, that the sum of $500.00 be transferred from Dial-a-Ride SRF CF 7610.4 to A 8090.4. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays Mrs. Ballard explained that this program was formerly handled by the Recreation Commission and this year they suggested that the Conservation Advisory Council take it over as one of their functions. There was no money available in their account for this expenditure and when checking with the Comptroller she noted that there was extra money in the Dial-a-Ride account, thus the request for the transfer. These seedlings will be distributed to the Town residents on April 28, 1985 at the Schlathaus property. The following proposed Local Law was introduced by SUPERVISOR VERSACE: A LOCAL LAW AMENDING LOCAL LAW NO. 7 OF THE YEAR 1981 AND LOCAL LAW NO. 8 OF THE YEAR 1980 RELATING TO WATER RATES FOR THE FLEETWOOD WATER DISTRICT. 109 BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 2 of Local Law No. 7 of the Year 1981 is to be amended as set forth herein below: Section 2. The owner shall be obligated to pay the minimum charge of $37.00 each quarter, regardless of the consumption of water for said quarter, provided said owner is connected to the system at any time during the quarter, said rate to commence with the 2nd district fiscal quarter of the year 1985. In addition to the foregoing, there shall be the following charges: Number of Gallons Rate Per Thousand Gallons I In excess of 14,143 gal/quarter $.967262 / i,ooo gals. Section 3. This local law shall take effect upon adoption and as provided by the Municipal Horne Rule Law. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 1st day of April, 1985, a proposed Local Law Relating to Water Rates for the Fleetwood Water District, and WHEREAS, the provisions of the Municipal Horne 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, L. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 15th day of April, 1985, at 7:50 P.M. on such day at the Town Hall,Mill 11.'.'./ Street, Wappingers Falls, New York. II 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 Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays At the last meeting the Board addressed a request from Mr. Macgeorge to become a tenant to the Watch Hill Improvement Area. There was no prob~~with the Board grantingthis request, however, there was a question as to where the water line was and Mr. Macgeorge was requested to locate the line at his own expense. A response was received from mmindicating that he agreed with the conditions of the Tenant Policy and had talked -,; .~ ~~ with his contractor about the location of the water line and he would be glad to assist in any way. It was the Town's intent for Mr. Macgeorge's contractor to find the line on his own, but evidently he misunderstood. MRS. PAINO moved to direct another letter to Mr. Macgeorge indicating that the Town will grant this permission to become a Tenant to the Watch Hill Improvement Area when his contractor locates the water line at his expense and he signs the necessary Agreement for the - IllJ Tenant Policy, and if there is a question contact Ronald Evangelista from Morris and Andros. Motion Unanimously Carried I f f Seconded by Mr. McCluskey A memo was received from the Comptroller informing the Board l that she accompanied the Engineer to the Town, Ronald Evangelista to the Robinson Lane Handicapped Bathroom Facilities for a final inspection along with a representative from the Dutchess County Department of Planning. The facilities were found to be according to the specifications indicated for this consortium project. The firm of Morris and Andros forwarded a letter to the Board certifying that the construction complied with the contract plans and specifi- cations. It was necessary for the Town Board to accept the completed facilities in order to continue with the County Consortium Program. MR. VERSACE moved to accept the report of completion of the Handi- capped Facilities at Robinson Lane as submitted by the Engineer to the Town and the Comptroller. L Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Ballard had one more item regarding the Regency Drive Stream Cleaning Program and the problem of removing the waste material from the stream beds. She spoke to Wilson Excavators who had submitted a bill for this removal plus grading and seeding the residents property which the Town was not responsible to do. Mr. Wilson has agreed to the sum of $1,500 for removal provided the material was moved to a site close by; Mr. Maurer suggested either Robinson Lane or Castle Point, however, she did not consider this close by. MRS. BALLARD moved to agree to the sum of $1,500.00 to be paid to Wilson Excavators for removal of waste material from the Regency I. Drive, Cloverdale Place Stream Cleaning Project to a nearby site. Seconded by Mrs. Paino Motion Unanimously Carried I I There was no other business to come before the Board MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mrs. Ballard and unanimously carried. The Meeting adjourned at 9:55 P.M. &~~~ Elaine H. Snowden Town Clerk Reg. ~imonthly Mtg. 4/1/85 ~11.'1. l "; A Public Hearing was held by the Town Board of the Town of Wappinger on April 1, 1985, at the Town Hall, Mill Street, Wappingers Falls, New York, on the Revision of Boundaries and Descriptions of the Kendell Farms Conservation Park District. Mr. Versace opened the Hearing at 7:38 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mr. Versace explained that a request was received from the developer of Kendell Farms to realign seven lots by taking some of the conser- vation park district to improve the site, it would allow more trees to remain and improve the drainage in the area. Mr. Versace asked if there were any questions or comments from those public or the Town Board. There were no comments made for or against the proposed revision of boundaries in the Kendell Farms Conservation Park District. MR. VERSACE moved to close the Public Hearing, seconded by Mrs. Paino and unanimously carried. The Hearing closed at 7:40 P.M. ~~ Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEWYORK -------------------------------- IN THE MATTER AFFIDAVIT OF OF POSTING L REVISION OF BOUNDARIES AND DESCRIPTIONS OF THE KENDELL ~~~~-~Q~~~EY~!!Q~_E~E~_Q!~!E!~!__ STATE OF NEW YORK ) ) SS: COUNTY OF DUTCHESS ) 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 March 19, 1985, your deponent posted a copy of the attached notice of Public Hearing on the Revision of Boundaries and Descriptions of the Kendell Farms Conservation Park District, on the signboard maintained by L your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Villlage of Wappingers Falls, Dutchess County, New York. ~L1~ ~ ~~ Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this day of ~ 1985. ).~f l ~~/!::--4 b \t!i;;n In ~'''''''.',:.~: -" _"1,, .:::. I:,!~ri ! t~~:... Ii" .: ~.~; ~~,il~' . ..l::';:~GI' C"'. '/ JCt C-l ('.'l".,..",,~., l.."fr... .. ..1,. J ~ ~J. and S. D. NEWS 914 297-3723 84 EAST MAIN STREEl'-WAPPINGERS FALLS, . .~_. -,'.'- -- ._._" _..- "'AT a Regular Meellng 01 tM Town . 560.0&'-65" Eaal 140.00 1..1 to . pOint -""~"n, . , . .. , toard 01 tIW Town 01 W.ppl/lGllf held lit I' , 01\ lhe Weatarty IIde of Kendall Drtva,' '{ , NortbeIiY IlC!Int Of tIW bentln dMcrtbed 1M TownH.'1I In 1M VllIaga '.Iwap. ru Mlng II1tnc:e. . Soulheutarly along the.'" >.... : n~~11 aii6 .:.J:. tt w.a~lerly line 0,1 LoI ..... plngar, lIalla, Dulolleaa CouRty New . aama Soutll 34t.!j4'-G6" eall 50 00 leal . ~. ..,' Wlli1lt of a 2 llIe l YotfIl.on 1h4t 18th da..y of Marcf\. ,.1.- .t' te_lIIe hwealerty aide of LOI 5 anct.'131&' 211~ llnet ~..~ I ~ _,Soult" ....!:' ; 7:30,,1&. . ,,' .,~. " "..8 Ilarly alda of t~; 00" ._, .......... ""'--', P~'~: . '.' ., :'. alor . oned 50 00 loot' .atrt '. 'In'.f~i' Weat ...... tllanot 01\ a OUrA! f '. a_ SupaNlaOr' nlng "'anca Southwmarlv.' .tol'la\.;~..'.'.'.:..." to lhe ....~... a ~Uf of 180.00 teet. i ,.~.Sa"8id.CoonoIlWoman _ &.Qu'" !i!i'-05'-e&" Weat T40oo,'., and all arc..",t" of 7&83 leat to al .,.... Ilnooron.... alo Coo..nOllman. leetto a pOint mark. "". the'.rllo.tlj,.pOlntontIMI .1. MOrt. !*lY.lldI Of. NICOle,. . "I\Q Couoollwoman W..tarty corner bf Lot 5 runnl '. Drtva. runn '" ~ alGnll th4t aama' ~. . .... ~..'Ql!u. nollman thence 'long thl WII.;.~' Ia on1....=llU.M......t.c"'. -. .d."ght Wlt..h a radl ulol ASS...' ,,,,,,,,i.~'T.. LotS,4.:! 2,1all(l 3lI'-II'. .... 'Jm' .rol!!notll1>f13U4 OWEf!S IrRESiNT; ': I, , eall 110.00 feat' '00" Q feat '. ~'. WtlI 42.11 f...... .. , . . .. ; . .... .. ' . 15.00 leal Sou ." """" to the hi with ' IN.TtlE.. MA'T'1lR6iitH'EiiEvi.'s.o.'N.'OF . I..t,SolI lit 14'" . .~. t11'...UI. '.~~Ili.~~", 1M an,~nt~ . 80UNQAiIESAHDDfiSCPllPTlONSQf"...;....!.nd.fth t 104.00.'":"~' 17"-- t on tile Wt THi! KNOt! " 1018 C Iil-"'"'" nl \ SOIifhet... . .- -. tIonad Kenda SEAVAT.. . M~iP.l&t:ICt~,.. 0 . . Lot ,running Mnca $Ou~ .or'll. ruf,'J:t.iG~ Northaal~1 . , , .. , . , . , .. .', .'" .':. . . . . . . . .'. , .. . . .long "" aama SOUtlll8'02'.... ~aong tfh4t qnlIt North w.os'.()4" Etlt WHE~. EA8, ". patltlon' d al.d 125.00 lee t to a DOlnl em. the.~... ~ .' ..... ~...I.oo1 lee t.4Q ..~.~...nt .pt.. plaoa ..01.. Novamber 28, 1l1ll3 w.. PrIHRted 10 ,Ida of K!mdall Drlv., runnl ,. . 'i. All no.",' . . -.; . .' ~ tM Town Soard 01 Ilia Town of W.p. along,lhI lama South ~ " eal 1i'j~ nlalnlng.~" o. land. "'"' 1 plngar wllh I map and pl.n requastlng 2e6.00 faal 10 a pOlnl em~~Mrly " . or ..... ' . , Ih.1 . oonllrvallon. park. dlllrlcl be \ Ilda Of Old HopqtlI. . .runnlng .' Adlao aUlI that~1 of land boulldad ' ..llbIllhadlnth4tlownofWapplngar; thanOl 'Iong tM",,i 57"'22"'" an~, onlbed~IOllowa: ... and . 10" W"' 1156.18 leat ..cl'Horth w.er. .., ...... n . ng at . ~nt on tIW EaalarIY I WHE~W. "._ A. Klaln had' 10" W.st 1811.00 leat to the JlOInt or I' aldarkl 01 KeIlcIe I DrIve. aaId point patltloned lhe Town Soard II a oon- plaoa 01 baglnnln . . .. ma "II thl SolI line of th4t hlraln dltlon lor Iubellvlllon .pprO'l. .1 lor lhe Conl.lnlng .....i aorea of I.nd.mora . dracLorllitd37parOal.~the Northarly line creation of . con_lion Jll!rk dlalrlct. or I..... 0, I... ,L ruMlrIIl tlIanca NortherlY and . 1 .' . Exoapllng and raaervlnll trom tha~ a 0J18 t... _tarlv jkle of Kandal! Drive WHE~EA8: "" Town Soard on ablM dalCrlbed paroal a 50 00 foo" y,~ 011 a culVlt to hi ,.It wi'" a radlul of Merch 5. 1884 .dopled . rlaolutlon Itrlp 10 lla deadad to tIW Town of c' 1"'00 leat and b .. langlh of 23.53 racltlng In g_ral Ilnnl the 1IIIn." 01 W.pplnger lor hlghw.y PUrpOMl trl. ~.~. a Pf'~~ markl", the SoIItllarly, lhe Mid palltlon .nd 1.llIng forth 1M bOunded and dalcrlbild.. followa: '.' I:e' t' I..... flI&tIln!r' lh4tnca Nor. bOundarnta tIWraof; and Beginning aU point on the W..tarty ,..t.. ong J North 78'- WHEREAS. . Publlo Heartng w.. Ilda 01 Kandel! Dr..,. Mid pqlnl oa 01# t 11e.. . eat to · DOlnt held on Ih" matta' on Aprtl 2, 1984 m.rklng 'he Northwaetll'i, dlvlllon IIna ~~ng .It!!_~ of Lo\.'1 38.. '. ..' which Oonllderad the pallllon .nd ' 01 lhe l\araln d8ICrlballllll'Cel and tIW ~.; II no ,-- tae alonll whloh ..t Ilia bou. ndar'" 01 the dlatrlot: Soolheeatarty llna 01 LoI 8. running " ~ '''". ..!n'! 111.. . .. IInt..ol1 and . Ihenoa Soulhaallerly.. ttong a.ld . 38 Iir",u. . W 240.00' WHI!REAS. an application h.. Kendall DrIft Sooth 34'64'.... ea.t, faat 10 a Dolnt '!II 1Ill, 1h4t Nor. r_nlly bean madI wllarabY tM 50.00 leat to I pOint marking tMI ..' Ihwuttrly Ifna, of: lA 38, running deaortpllon for IhI conMriatlon dlltrtct Southellterty. IIn. of tM' heraln ~.~~tOlh I lioII. _ 'kma. .' the aama... I. requaltad to ba .,",ndad. ' dalCrlbed p.roal and lhe Nortbwul.rty ..... 1lI'.2\,' . . '3tllllea~. u · NOW. upon motion 01 Councilman llna 01 Lot 5. runnlnll lhanca South- ....lnlon _!If .' II Paino ..conded by Councilman' weatartY,!Iong the Mma In part, South, . .' =a. ruJ'l . . rA! 0 IhltI Be lI.rd, It. la RESOLVED. that a Public , 56.-G6..... Wiet 178.!!1'" tlO a P<!lnt ,.......'; laft WlI.tll...,.~a. '.. faa. I....ndrl......" Heart, Ih.1I ba held on the 11t day of marking ,he South_atll'lY4lvlalon tine '., ar=c In", \0 a . "prtl. llIl5 at 1:30 P.M. a' lhe ToWn of lhe llaraln daaorlbed ii' rcIl.L runninG "f qI, ' i' . ~ Hall, Mill SlrHt W II; are Falla lbenoa Northwutarty . - aami runnl Naw York, to OOIIi:'~ t,PIIOatlori Nortlt 181..21'.10" Watt . 8 leal .nd...... ~"" . . ....... . 10 .mend 1M d;Crlj,ilon 01 lhe North "'28'~" Weat 1.80 leat to a?~:1'" a '_of \lOUnd!rtea of 1M Kendell Farma ' pOint m.rklng Iha Nort"w..t.rIY~i"~ '. ~ Co~ ' \Ion Park Dlllrtcl u Ihown on dlvlllon line of 1M herein dllCrlbei:lt :l.th~.~ t lnent. lh"~" Pilon. 01 ~obart l Campball ' perca..nd. pOint In ranglWlth "'a'!""" .. 'IJI" L.S. ld Fabruary. 26' '11186 at Southerty IIna 01 Lot.. running lh4tnoa '~'... I 1-110" 101 .. Northaaltarty .\oillL 1M aerna North ., ....t 1h4t Qet\ lI1pllon ',.,: I 5fjt.(ltl.... Eat 184:~ f. t91!1t ~n~;1 ~lItort . . . . I ~ ~llon Dlatrlot. Kandall Farma 10 plaOl 01 baalnnlng. '. ." '" . ~.'Gout~.. . '...... SciIIlh . Alllhet pareal of land IlIuall In Ihl Contalnlngb.2aoreaof".rnorad'~.15.(#' ...to.. · DOl. nt Town 0' Waoo!ogara, County 01 Out. ..... .' on th4l. Eaatarly IQndall DrIve, cM..~8tJiaolNawYork,.ndbalng FUrthll'lllOlPtlngand.'1:!I...ngl. thanct ..U right, 1111. known' u . Qonaarvtllon Dlalrtct.. . tIW .bova dMcrIbad ~,'.. .00'" . II lound on a map' entitled "flavlaad atrlp to lla deadld to t1W, own SUbd1v\alon !",1. KandlII Farma .. laid / Wappinger lor hlghwa~ :iu Il\IP fllad In..... Dutohe.. CoUnty t bOunded and cteaorllitd ea 'ollllwl' Cllrk'l Offlca ." Flied Map .1025.' Beginning .1 . point on tIW NoribeIiY ". .' . to · IlOlnt . bounded .nd deaortbed .. lolloWl: ; lid. 01 Kandall Drive. aa1d DOInt ;, '.~!! '. of Lot 32, .~!'Jnlnllat . ~nl on tIW Northarly c marking tlla Watlarty line of Lot 1. and . 'i':f"::icr~ ...tartv line lmark- I'" II;!~!II Iload, aald point the Eaalarly IIna ofth4t benlIn daaorIbed ' . '1e0..&2'.M"1tt~ ~N!!.tlQf1h ng ,.. .......llIwatt comer 0' lhe' parOl', running tllanoa on 'llUl'Vl to th4t 211' .........,W .. .....,..... heraln deaor\bed parcel .nd Iha left with a radlul of !iO.oo .... and an ,~att , "'":~ 0l1Il111'.... Soutllwul oorntr 01 Kindall Fannl .1 arc langlh 01 52.51 ...t 10 . point :.. =It ~.331 feat l/1li North ....... Iwnd on. FIIacf Map '102!i and lhe marking the Weatarly dlvtalon IIIIe .... 1 teet to .. point on th4t IIIIlarly line 01 'anda now or lorrnartt lhe hare'n dllCrtbad pan:aI .nd t SoutbeIiY IldIt"~ UIMY COurt, rullnlno Sbultonl. running t1Wnca Northeeatarl1' Eas~ I.... of Lot 15, runnl . aa ale ... . Qn a ~ to ,he along the Wuterty line 01 the Mraln North_\!II1Y _Ion.,"g tIW aan: III . .:l~~of I~~. .II!)..... Illd .n deaol'lbed lIareal and lhe Eastarlv line North 261..42':.tO" weat 17UUtMt to . -......::'..t..:.. ~.44f... to a point of 0fQhard Park, North 2flI..38'-40" eaat . DOlnt mark'ng tM ~ dMal '''-'''''V ,........ .ltna of LOt 18. !IOO.OO f.... North 71'.()2'-50" eaall1 n . llna of tM l\eraln deacrlbiCI patct rumn, thence 'r\!aJong . th4t I..~~~'l3ll'.28'.OO.. Wlat 10li.11 1..1, '. running lh4tnee SouthaallarlY alcil1Cj' Wand' J!.~.!If ' at.., D :!. 23, NDrl 1.....1..10.. Weat 50.18 I.... North lama SoIIlh 78'-49'-30" eale 0.511.. .. .. ",,11'1 '. t 1-.18 30*. '-ocr' Weal 128.88 leal. thence on to . polnt marklng tIW EaatartY dl""'on'; feat, 8ou1ll.'..... 1....7 fMt, . a ourva to lhe rIg"l with a radlul of line 01 tIW haraln daacrtbed ~ and" . , and $ot,th 1N.,.. . .. . 11$.00 feat 31oU8"" and an aro IInglh of 11838 a point In ranga with the ~tarly line toapo\ntlnark~."~ line 01 leal. North (131..08'. . -40" Eatt 221.00 I..t,' of Lot 18, runnlnfl lhenoa Southeaatarty Lot 241. !Vnnlllll NorfhilUtar!y lhance 01\ a oum 10 Iha lilt with a along IhI lama $Oulh 21142.'-40" Eaat .Iong - lema ortI1 ".lO'.QO" Ellt radlua 01 tl86.oo 1111 and an arc length 143.88 leal to tIW Dol n I .or .' .p. laoa. of 133.001..1 to a~. nt. (1ft. tIW Wattarty 01813.41 teat. North 83"-64'-G6" Waat baalnnlng. ..~ .'.' * aide Qf Nklola '.' running 1h4tool 48,!j4 leat, North 2tl'.Ofi'-63" eaat \18.88 Conl.lnlng 0.18 _ of land. _" a\oilll th4t """ 011 a 'lIlW to lha rlghl ,..t. North 7848'-64" Weat 108.30 1..1. , ~ la.., " ' ..' with a radlus.of 11I.oo",t and an arc lhenca (In a cum to tIW lilt with I' SubJect 10 tIW rlghtl 01 PublI!l,;' length of 51.etl1aat tQa pOlntmarklno r.dlua of 30. 00 fN. I and an 'fO lenglh of ulllll... Illd .or ~ ,,~. .rd.... '...~,.".. ,.iFd;'"..I..''' :'" the NortherlY llna. or ..=.. 2ll. n Nnnlno 3U1 I~!t South 2I'0Il.00" Watt any. \ '. .,.\'!'u, q, 1'1~ lhanoa Soutftwe~ a a the lall1l 138.61 1_ H!flh 83"-64'.00" Weat ,C ''ffl . ., ,."" ." '. Soulh 10'41...... WiIit 110 . Ieat to a 50.. .00 fllf!.1.. N.ortIl '~'.QO" Eaat 138.50 All thaI parcal 0' land. In 1M . t m. arklnll 1h4t.. yllnl 01 Lot 1.,t.North 30"..1' Eatl 11.50 I..t Town of Wappl~ t- flIllll' tlltnlla tarIY a! ari4/11orth ~ . w.tt flUfl 1..1 to Oheal and Stata 0' New. .'. W\"1' II .JlIIICf" Ilout. a . tha moat Northw..tartr. known .. a Conll/Vat . ... ......'. tit a Dol '.' Iha In dllCrIbed perOl' lound on a map anlllll 01 LOl ... . lollowlno along tne Subellvlalon Pial. Kanda I Wly atone!.hi "a 0 "eraln dllCnbed ,map IIIN In the Out Ia t'l21.0r"'l "'" . .. . . IIna of I.ndl'. . Clark', O"'~ II FI tNo a pellnt on the terlY alda 01 GW.narlf.' MalII'......'...".'. and' .100'. Dr~. In.g thenoa tII<lf ~llntll" ',,' ", t . ~ 11,111 t..t,' .~ " "'"'- II_ fea' III .lIa.l.i D/SP LA}' ADV ER TlS/NG -:- CLASS/FlED ADVERTISING NY 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Gisela Schmitz .................................. . Town of Wappinger, Dutchess County. N being duly sworn, says that he is, and at tl times hereinafter w~s, the. . . .1lQoJdt"p.J'. . of the W. & S.D. NEWS, a newspaper pr published every Wednesday in the year in the Wappinger, Dutchess County, New York, an annexed NOTICE was duly published in newspaper for. . . . i?~~. . . weeks successivel~ . in each week, commencing on the. ?91::tl. dal . 19.85 . and on the following dates thereafte on ................................... . and ending on the. . . ~P.t.l\ . . . . day of. . ~ 19.65. bothdaYsinclusz'V@ /ti~ea { L .. .............. Subscribed and sworn to before me this. aQth..... day or. . .March... 19.8.5 0.-. -- ................... . NOll My commission expires. . . . . . . . . . . . . . . . . . AL~ERT M. OSTEN NOTARY PUBLIC, ST/\IE OF NEW' QlJALlFIE~ I fl Oil TG::U:S l:OliNl ;I 14.82401'60 COMMISSION EXPIRES MARCH 311. A Public Hearing was held by the Town Board of the Town of Wappinger on April 1, 1985 at the Town Hall, Mill Street, Wappingers Falls, New York, on a proposed Local Law Releting to the Imposition, Charge and Consumption of Water for the Tall Trees Water District. Supervisor Versace opened the Hearing at 7:53 P.M. , Present: Frank Versace, Supervisor Renata BAllard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mrs. Garrisson was requested to explain the need for the deletion of the previous Local Law No. 9 of 1984. This Local Law of 1984 amended the wrong section and deleted the penalty for late payers. Mr. VErsace asked if there were any comments either for our against the proposed Local Law. There were no comments made either for or against the law from those present. MR. VERSACE moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Hearing closed t 7:55 P.M. &CWM ~~~ Elaine H. Snowden Town Clerk L l L TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK -------------------------------- IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW RELATING TO THE IMPOSITION, CHARGE AND CONSUMPTION AND USE OF WATER FOR THE TALL TREES WATER DISTRICT AFFIDAVIT OF POSTING STATE OF NEW YORK I SS: COUNTY OF DUTCHESS 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 March 26, 1985, your deponent posted a copy II I I I I of the attached notice of Public Hearing on a proposed Local Law Relating to the Imposition, Charge and Consumption and Use of Water for the Tall Trees Water District, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, Village of Wappingers Falls, Dutchess County, New,York. C.'''''''''''''-'' ./21W ! ~~~~<t<_ Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this day of B\0 1985. j~ f ~~~.\0--- Notary Public \l. ,. I, r", ,1 It, Iq~"7 ,-<<. ---------,--__.1 1:'J. and o. D. NEWS DISPLAY ADVERTISING -0" CLASSIFlED ADVERTISING 914 297-3723 84 EAST MAIN STREET-WAPPlNGERS FALLS , NY 12590 " NOTICE IS HEREBY GIVEN that \ there hae been duly prennted and ' Introduced before tlla Town Board of ' the Town of Wappinger, Dutche8e County, N.w York on March 18, 1985. a propoeed Loc.1 Law u followa: LOCAL LAW NO. OF THE YEAR 1985 AMENDING LOCAL LAW NO. II OF THE YEAR 11180 AMENDING LOCAL LAW NO. 1 OF THE YEAR 1t1ll2 AND DELETING LOCAL LAW NO. II OF THE YEAR 11184 RELATING TO THE 1M. POSITION, CHARGE AND CON. SUMPTION AND USE OF WATER FOR THE TALL TREES WATER OtSTI'IICT AS WELL AS THE PENALTIES AND EN. FORCE"'fMY'P"'-~Y. BE IT ENACTED BY THE Town Board ., of the Town of W.pDlnger. DutchaA County, N.w York, .. followe: I SECTION 1. Section 1 of Loc.1 Law No. II of th. y..r 11180 Ie llareby am.nded by d.l.tlng certain provtelone thereof .nd byeubltltutlng tlla following provleloneln thalr place: A. All w.t.r rat.. ar. p.yable qu.rterly ending on tlla lut d.y of tlla montha of J.nu.ry, April, July .nd October,.nd the minimum rat. ehall be p.yabl. _n though no w.ter Ie conaumed, eo long .e tlla 8lIl'I1c. .hall be con.ldered .. connected with the dletrlc1 m.ln unl... ehut off by .uthorlty of th. dl.trlct at the curb box or otherwlea .t tlla requ.et of tlla own.r. Th. minimum rat. .h.1I be payabl. ev.n though w.ter hu been ehut olf wllan euch dlecontlnu.nc. h.e been m.de by .omeone not authorized by ~~~':c;:., of .ny re.ldenc. served by the T.II Tree. W.ter Oletrlct eh.1I be . obligated to pay tlla minimum ch.rg. of Forty.nlne ~.OO) Dollere per each quarter for coneumptlon of wat.r reg.rdl..e of the consumption of w.t.r for e.ld qUer1.rhprOVlded e.ld owner Ie connected to t . .y.tem .t any time during thli quer1er.- C. Such w.ter ratn eh.1I be pay.bl. for ..ch of tlla four qu.rtera of the y..r .nd eh.1I be eubject to tlla pen.ltl.. h.r.ln.fter provided. SECTION 2. PAYMENT AND EN. FORCEMENT OF WATER RATES. A. All wat.r bill. .h.1I be due and pay.bl. within thirty-two (32) day. of the bIlling d.te. After the .xplratlon of thlrty.two (32) day., . penalty equ.1 to t.n \10%) percent of tlla .mount unpaid .h.1 be added to that bill for tlla water. . B. Said water chargee .h.1I con. .tltut. . lien upan the ,..1 property aerved by the wat.r .ystem of the dl.trlct, .nd .uch lI.n ahall be prior and .uperlor to .v.ry other lien or claim .xc.pt tlla lIan of .n .xl.tlng tax. ......m.ntl water r.t., _ rate or other lawfu charge Impoeed by tlla TO:~6TION 3. If .ny owner of the real property on which a w.ter cherge ha. been Impoeed deems hlmaelf aggrieved , bee.uea .uch real property 1. not 1 eerved by the water eystem or an error " has been m.d. In computing .uch " w.ter ch.rg., he m.y. fIl. .n ap- pllc.tlon for . refund Of all or pert of such..ter charg,.. Such .ppllc.tlon eh.1I be verified by such perty 'Dd ehall s.t lorth the .mount of relund eought .nd the grounds ther.for. Such ap. pllc.tlon shall be pr.eanted to the Town Comptroll.r, who ehall forwerd such application to the Town eo.rd with I'lls recomm.ndatlons In relation th.r.to. The Town Board m.y r.fund all or p.rt 01 euch w.ter ch.rgee. SECTION 4. Thle Loc.1 Law. ehall eupersed' all prior Local Laws 1m- paelng w.t.r r.t.e and p.n.ltles and providing for the m.nner of coll~tlon \ thereolfor this district. SECTION ~. In addition to any ratee heretofore set forth, there. sh.1I be a special water charge of Sixty alght and 32/100 ($68.32) Dollare for. period of two (2) years due only on March 1 01 the eare 1985 and 1986 end p.yable within ~IXty (60) days thereafter. ,aid special char~e to be sep.r.tely billed by the dl~~g\ION II. Thle Local Law ,h.1I ~~':r :~f~~~:;;=lt!;'~~~~1<:f= ~" ,.'::< .,~':"~; Rule La.. r... :..1,.., ... , .-;'" .".:.<:'.' ~ NOTICE IS FURTHER GIVEN th.tbt:;e j :':':,:,:/>,' ;',';2-,~i.V~~,::, :; Town Board will conduct a Pu .~' !::'~'.,,,,. ;:..~.../,,:....;*;:;:'.,.; H.rlng on the .foreeald propoeed Loc. ,,"'.'. .;~. '; "":',::'::<-::J:,', Law .t the Town Han, Mill Str..t, t:-:::f'~ ,,',t,,:',":;"~;', ;'.' Vlltage .of Wapplngere Falls, Outchen M "', ".t'.i ::;,": ]~;~,):-, ':. County New York on April 1, 1985.t , :. , ,'. ,"', . . " ' 7:60 P.M. on .uch date. at which time, 'I' j'~'~',':'~" '1I.ro~~~lnlt;r1~;\-~WRbe =. th.t :' . .. . :;i. ,.. COIllea of the afor...ld proQllaed Local .' Law will be available for ~.tlon ' .ndln.pacllon .t the ofllce of. own Clerk of the Town of W.pplnger the Town H.II betw..n the d.t. of thle nolle. .nd the date of the publiC hearing. Elaine H. Snowden Town CI.rk Town 01 Wapplng.r Deted: March 20,1985 AFFIDA VIT OF PUBLICATION l State of New York, County of Dutchess, Town of Wappinger. L o 0 . 0 . 0 0 0 .Qieele. Schmitz. . . . . . . . . . . . . 0 of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the. . . . Bookkeeper. . . . . . . . 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. Ol'lP. . . . . . weeks successively. .one:.. o in each week, commencing on the. .2.7.t.h day of .J48.r. . 198,. . and on the following dates thereafter, namely on .......................................... . and ending on the. .2?tb. . . . . . day of. . .Marcb. . . . 19850 . both days inclusive. ' ic;;,i (, (/(,..1 . . . . 11II . . . . . . . . . . . . . . . . . . .._.... . . . ",1 !~i~ Subscribed and sworn to before me this. .Z7tl1. . . . . day of. . . l1or'ch. . . 19.85. . . . . . . . 00 0 .?--:~. .-:-;-. 0.0. .-:-~.. Notary Public My commission expires. . . . . . . . . . . 0 . 0 0 . . . . . . . . 0 0 At 8ERT M. OSTEN NOTARY r::EUC. ~l^TE OF HEW YORK Q'JAlIf:~ J 1:1 0'1 100HE:';:; CU!l:ln ~;: 1.4.-E;::4~7GO (JI Of '''Alc,'''''' . v;.'"!". ....r'''lt "0 19151/ '.,l:vl. .~".:.;" 1..1'1. I: ....1) I'l~... V I - .f, , l -<< {". i:\';.7~?~f,.i:'7&~f:;!j..~~d " '.,. ..." .... "e, .~. {f1~1~01~~~~~1..:~,:.,.:.i~,',j .-r' ,', ',"~I< .', ..:~': : "