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1984-06-04 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING JUNE 4, 1984 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. May 7, 1984 & May 21, 1984 4. REPORTS OF OFFICERS: 5. PETITIONS & COMMUNICATIONS. a. Correspondence from State Assembly Members re: Statewide system of Public Power b. D.C. Schner, Real Estate Project Manager for Pizzagalli Dev. Co. Corr. to R. Evangelista re: Water Improvement Area T Naalda,0414-r—Iite-r--ard14—.32.--1 d. Report of Examination by NYS Dept. of Audit & Control of the Town Federal Revenue Sharing. rikz..ckyN5 "veNaAsk No CAN va aneak, - (N3 Inttrers ar (Nees) 0. :0,7,4 0.1.6 4 vigo 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Local Law to Repeal the Exemption on R al Property, as provided by Sect. 485 (b) of Real Property Tax b. Reintroduction of Amendment of.Junk Yard Ordinance c. B/D Contracting rezoning request - Introduce Zoning Ordinance Amendment. 8. UNFINISHED BUSINESS a. Martin Leskow - request to become Tenant to Watch Hill Water Dist. 9. NEW BUSINESS 10. ADJOURNMENT i The Regular Bi -Monthly Meeting of the Town Board of the Town of Wappinger was held on June 4th, 1984 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the meeting at 8:04 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Absent: Joseph Incoronato, Councilman Others Present: Bernard Kessler, Attorney Ronald Evangelista, Engineer (arrived at 9:25 P.M.) The meeting started with the Pledge of Allegiance to the Flag. Mr. Versace asked the public to join with the Town Board and other officials present in a moment of silence in honor of Bert Burns who passed away last week; Bert was a reporter with the Wappinger and Southern Dutchess News and covered the Town Board meetings for nearly two years. The Minutes for the Regular Bi -Monthly Meetings of May 7th and May 21st, 1984, having previously been sent to all Board Members were now placed before them for their consideration. Mr. Versace objected to a statement in the May 21st meeting on Page 4 which indicated that he had refused to set up a work shop for Mr. McCluskey in relation to the Junkyard Ordinance Amendments. He clarified his refusal by stating that he said he was willing to have a work shop session with Mr. McCluskey and the other Board Members if he would set the date and time since he had not regularly attended previous work shops and Mr. Versace wanted to make sure he would attend one that he himself had requested; he added that Mr. McCluskey's attendance at the work shops was one out of four. Mr. McCluskey debated the issue on the number of work shops he missed and reminded Mr. Versace that he was told to contact the Supervisor's Secretary to set up a work shop. He contended that it was the Supervisor's job to set up the agenda for the workshop and wanted it to be on the record that Mr. Versace refused to set a work shop for this item. Mr. Versace rebutted that since the minutes are a public record and he admitted that he did refuse Mr. McCluskey's request he wanted the record to state the reason for his refusal. Mrs. Ballard clarified for the record that at the June 14th work shop the Board will consider the Junkyard Ordinance as is the policy for items that are set for public hearings on the following Monday. MR. VERSACE moved that the Minutes of May 7th and May 21st, 1984 be and they are hereby approved as submitted by the Town Clerk. Seconded by Mrs. Paino Motion Unanimously Carried There were no Reports of Officers submitted for this meeting. A cover letter enclosing a package of materials addressed to the Governor supporting a statewide system of public power was received from the State Assembly office. The Supervisor noted that it was on file in his office for anyone who wished to view it. MRS. BALLARD moved to place it on file for those who wished to review the contents. Seconded by Mrs. Paino Motion Unanimously Carried Item 5b, correspondence from Douglas Schner, Pizzagalli Development Company to Ronald Evangelista was tabled until the Attorney and Engineer were present. (They had been requested to attend a Planning Board meeting in the Town Clerk's Office). MR. VERSACE moved to table Item 5b until later in the meeting. Seconded by Mrs. Ballard Motion Unanimously Carried Item 5c was removed from the Agenda at the request of the Comptroller. The New York State Department of Audit and Control forwarded a report of the Town Federal Revenue Sharing which had recently been examined by them. The cover letter stated that correct procedures were followed by the Town of Wappinger regarding the Federal Revenue Sharing Program. MRS. PAINO moved to accept this report and place it on file. Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Paino referred to the third paragraph of the letter regarding the fact that the report included a Federal Revenue Sharing Com- pliance Audit but did not include a financial statement since the Town was audited by a public accountant. They requested a copy of the public accountant's report on our municipalities financial statement for the fiscal year ending December 31, 1983. Mrs. Crosby responded that this will be done in August of 1984. A request was received from Ivans Strazdins owner of a three family house at 143 Myers Corners Road for permission to become a tenant to the Central Wappinger Water Imprdvement Area although the property was in the Atlas Water Company franchise area. The situation was one of extreme urgency since the well was contaminated which was verified by a report from the Dutchess County Department of Health (Richard Robbins, Senior Public Health Sanitarian) who strongly recommended that the Town take the necessary steps to grant permission to Mr. Strazdins to connect to the Town water system. This would be a simple request to consider since the lines passed in front of this house, however, the problem is that the property is in the Atlas area. The matter was referred to the Attorney who was still in attendance at another meeting. Although a decision could not be made at this point, Mr. McCluskey urged that they act on it tonight due to the drastic conditions that existed and were detrimental to the health of three families. He also mentioned to Mr. Strazdins who was present that he would be required to adhere to the tenant policy of the Town which stated that the tenant would have to pay a $500.00 hookup fee and double the rates of the charge to the residents in the district. Strazdins was aware of this condition and stated that he had no choice and would agree to these requirements. MR. MCCLUSKEY moved to table action on this matter until the Attormey was present to advise the Board what procedure could be taken to aid Mr. Strazdins. Seconded by Mrs. Ballard Motion Unanimously Carried Committee Reports ---Mrs. Ballard, Building and Housing Committee, reported that a press notice went out last week to the three local newspapers announcing a public information hearing on the proposed Town Hall on THursday, June 7th, 1984 at 8:00 P.M. at the Town Hall, Mill Street, for the purpose of having the residents of the community hear a presentation by Mr. John Kane of Hayward & Pakan Associates, the firm that designed the new Town Hall. Mrs. Crosby will make a presentation concerning the cost of the current housing arrangements for the Town. If there are no objections to this proposal by the citizens of the community, Mrs. Ballard recommended that the Town Board hold a Special Meeting immediately following the informational meeting for them to act on the next step toward the building of the Town Hall. MRS. BALLARD moved to set a Special Meeting on June 7th, 1984 immediately following the Public Information Meeting for the purpose of authorizing the firm of Hayward & Pakan Associates to prepare specifications for the bidding process on the Town Hall building. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Ballard, Recreation Committee, -Citizens Advisory Committee will continue their tour of the recreation facilities and then present recommendations to the Town Board and the Recreation Commission. Two more people volunteered for this Committee and she can use additional help if anyone is interested. Mrs. Paino, Airport Liaison Committee, reported that she had attended a meeting on May 30th, 1984 regarding the Airport Plan; she received a copy of the plan prior to the meeting and noted that it is a hefty report. Suggestions were made to the draft report, perhaps the most helpful being to include a table of contents. This report does not provide for a realignment of Route 376 to extend the runway, however it does not preclude that it might be extended in the far future, at least not in the next ten years, according to the NYSDOT; extension of the runway of 1,000 feet was included in the Master Plan ten years ago. After she reviews this plan she will turn it over to the Town Clerk for filing for anyone interested in viewing it. She has requested the Commissioner of Aviation to forward another copy with a table of contents. Mrs. Snowden noted that a copy of blue prints had been delivered to her office during the past week, and the cover letter assured her she will receive the final copy. Mrs. Paino, Landfill Committee, reminded the residents that the Castle Point Landfill Site will be open the first Saturday of each month from 8 A.M. to 12 Noon. She asked that no tires be brought to the site, however, they will be picked up this fall during the clean-up program. Mrs. Paino, Vandalism --Warmer weather has brought more complaints on vandalism; the Town Patrol is doing the best they can; Deputy Sheriff Carl Amburgey has given her information on a Neighborhood Watch Program. She invited residents to contact her if they are interested in setting up such a program in their area. Mr. McCluskey, Airport, noted that he had a copy of the Plan Mrs. Paino referred to and agreed it was difficult to read without a table of contents. He noted that the powers to be in Dutchess County would like to -see the runway extended across Rt. 376 and are in favor of really realigning Rt. 376. The state threw a wet blanket on this project and told them to forget it in so many words. MR. MCCLUSKEY moved that the Town Board direct a letter to the Dutchess County Executive and the Wappinger County Legislators informing them that the Board is against any extension of the airport runway. Seconded by Mrs. Paino Motion Unanimously Carried Mr. McCluskey referred to the recent rains we had and noted that Dutchess County considered this a thirty learflood and he recom- mended that the Town Board express their thanks to the fire companies for their help during this time. He added that some of these volunteers worked around the clock for four days. MR. MCCLUSKEY moved that the Town Board send letters to the New Hackensack Fire Company, Chelsea Fire Company, Hughsonville Fire Company and in the Village, W. T. Garner and S. W. Johnson Engine Companies expressing their appreciation for the time and effort these volunteers offered to help the residents of the Town during this emergency. Seconded by Mr. Versace Motion Unanimously Carried Mr. Versace noted that his office has already sent letters of thanks to these fire companies but he was in favor of the Town Board also expressing their gratitude. A Public Hearing having been held on a proposed Local Law to Repeal the Exemption on Real Property, as provided by Section 485 (b) of Real Property Tax Law on June 4th, 1984, the matter was now placed before the Board for their consideration. MR. VERSACE moved to adopt Local Law #4 of 1984 as folios : A Local Law to repeal the exemption on real property as provided by Section 485-b of the Real Property Tax Law. BE IT ENACTED, by the Town Board of the Town of Wappinger as follows: Section 1. This Local Law shall be known and cited as Town of Wappinger Local Law No. 4, 1984, repealing the exemption on real property provided by Section 485-b of the Real Property Tax Law of the State of New York. Section 2. Legislative Intent This Local Law provides that the exemption authorized by New York State Law for real property constructed, altered, installed or improved for the purpose of commercial, business, or industrial activity shall not be exempt from taxation, special ad valorem levies and service charges, since it is in the best interest of the Town not to allow such exemption. Section 3. Pursuant to the authority set forth in subdivision 7 of Section 485-b of the Real Property Tax Law, the partial exemption from taxation, ad valorem levies and service charges is hereby repealed in so far as the exemption would have been applicable to eligible real property assessed by the Town for Town purposes. Section 4. This Local Law shall take effect upon its filing with the Secretary of State and with the State Board of Equalization and Assessment. Seconded by: Councilwoman Paino Roll Call Vote: 4 Ayes 0 Nays Mrs. Paino added that during her research on this law she learned that the Town has lost approximately a quarter of a million dollars because of this law being in effect. The intent of the state in passing this law was to help New York City during their financial difficulties and she felt that the Town of Wappinger cannot be compared to New York City; she felt strongly that the state law should be repealed. Mr. Versace added that he too had researched and learned that the surrounding communities do not have this law on their books and are receiving the total taxes from new industries and the Town of Wappinger should be entitled to receive the same. At the last meeting Mr. Incoronato introduced a Schedule of Amendment to the Junkyard Ordinance and set a public hearing for June 18th, 1984 at 7:00 P.M. Since then revised Amendment had been forwarded to the Board and it was now necessary to reintroduce the Amendments. The proper legal notice for the public hearing had been forwarded to the W & S. D. News. MR. VERSACE moved to reintroduce the following Schedule of Amendments to the Junkyard Ordinance: SCHEDULE OF AMENDMENTS PROPOSED TO THE JUNKYARD ORDINANCE OF THE TOWN OF WAPPINGER ADOPTED BY THE TOWN BOARD ON JULY 11, 1977 AND AS FURTHER AMENDED BY THE TOWN BOARD ON MAY 14, 1979. Section 4: APPLICATION FOR LICENSE, The paragraph starting with the words, "At the time of making the application" shall be amended by adding in at the end of the said aforementioned phrase the following words: "and at each annual renewal application", and otherwise to read as is. The paragraph commencing with the words, "A person presently engaged in or conducting an activity or business such as described herein on real property within the Town of Wappinger must apply for a license therefor within thirty days of the adoption of this article" shall remain as is, but the remainder of that paragraph shall be deleted commencing with the words, "If the place where he conducts..."etc. Section 5: THE LICENSE The first paragraph shall be amended by increasing the fee for the license from $25.00 to $200.00, and the words, "necessary inspections" shall be amended to read, "initial inspection". At the end of the sentence ending with the work "prescribed", the following shall be added thereto: "Any subsequent inspection resulting from failure to comply shall cost $50.00 per inspection. If non-compliance with this ordinance shall exist thirty days after such initial inspection, the application theretofore made shall be deemed to be null and void and the applicant shall then cease and desist from all types and manner of junkyard operation". The last paragraph of this section commencing with the words, "In the event that an applicant for a license..." shall be deleted in its entirety. Section 6: REGULATIONS The second paragraph of this section shall be amended to indicate that the licensee shall erect a six foot fence and otherwise is to remain the same, except to have added thereto, after the word "business", the following language: "All junkyard materials, equipment and structures shall be kept and maintained at least one hundred feet from any residential boundary lines of adjacent and contiguous properties, except that crushing operations and equipment shall be located no closer than four hundred feet from any such residential boundaries". The first sentence of the fourth paragraph of this section shall remain as is. However, the second sentence, commencing with the words, "All burning shall..." including the next sentence, ending with the words, "legal holiday" shall be deleted . A final sentence - to be added to this paragraph - shall read as follows: "There shall be no stacking of vehicles except for the absolute minimum required for crushing operations". Section 7: VIOLATION OF ORDINANCE, OFFENSE AND PENALTIES THEREFOR The second paragraph of this section shall be amended to read as follows: "For every violation of any provision of this article, the person, entity, corporation or partnership violating the same shall be subject to a fine of one hundred dollars". The third paragraph of this section shall be amended by increasing the civil penalty from the sum of $25.00 to the sum of $100.00. Seconded by: Councilwoman Paino Item 7c, Introduction of a Zoning Ordinance Amendment requested by B/D Contracting Company was tabled until the Attorney returned. Item 8a, Request by Martin Leskow to become a Tenant to the Watch Hill Water District was also tabled for the Attorney's presence. MR. VERSACE moved for a ten minute recess until the Attorney was present. Seconded by Mrs. Paino Motion Unanimously Carried The Meeting was recessed at 8:38 P.M. The Meeting was resumed at 9:00 P.M.; all four Board Members were present, Mr. Incoronato was absent, and the Attorney had returned from the Planning Board Meeting. The next item for the Board's consideration was Item 5b, Mr. Schner from Pizzagalli Development Company to Mr. Evangelista re their inclusion into Central Wappinger Water Improvement Area or Cranberry Water Improvement Area. The Attorney reviewed the history of this particular item---Pizzagalli had previously petitioned the Town Board to establish a water distribution district, then withdrew this petition, and recently reinstated same. Now this communication to include the former Cornell -Drake parcel's water line improvements into the CWWIA or Cranberry's Area. Mr. Kessler felt this could be accomplished but needed input from the Engineer. It was Mr. Versace's opinion that Pizzagalli could not be included in CWWIA since they were outside of the boundary and there were a lot of pros and cons on joining Cranberry. He recommended that a meeting be held with principals involved. MR. VERSACE moved to direct a letter to Mr. Schroer requesting that he contact the Supervisor's office for a possible work shop session for a presentation from his firm to the Town Board on the benefits to be derived from the interconnection of two water districts; after receiving Mr. Schner's response, the Town Board will consider a work shop meeting. Seconded by Mrs. Paino Motion Unanimously Carried Item 5e was placed before the Board for their consideration and Mr. Versace asked for the Attorney's opinion. Upon reviewing this situation the Attorney advised the Board that permission would have to be obtained from the private water comp any to allow this property owner to become a tenant to a Town district. Discussion followed on the proper procedure to follow. Mr. Versace requested a one minute executive session to pose a question to the Attorney. The Town Board went into executive session with the Attorney at 9:10 P.M. The meeting resumed at 9:13 P.M. All four Town Board Members and the Attorney were present, Mr. Incoronato was absent. Mr. Versace stated that the Attorney would explain the conditions that would be required in order for the Board to consider Mr. Strazdins request. Mr. Kessler reiterated Mr. Strazdin's situation and noted that the Town Board indicated that they were extremely anxious to assist this resident and in order to do so it will be necessary for the applicant to make an application to the Atlas Water Company to obtain permission to take his building out of that district by a waiver from Atlas to allow him to connect to the Town district. The Attorney will outline the conditions for the waiver from Atlas in a letter to them and Mr. Strazdins so he, too, is aware of them. If these conditions are met, the Town Board will then consult with the Engineer to the Town for the necessary procedures to grant permission to the property owner to become a tenant to CWWIA. MR. MCCLUSKEY moved that the Town Board act on the advise of the Attorney. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Versace noted that Mr. Strazdins must adhere to the Tenant Policy which was previously stated and the Board will address the decision of individual meters or a master meter when the mechanics described by the Attorney have been put into place. Mr. Kessler added that although the Board is taking this affirmative action, it should never be construed as a precedent for any similar application by another resident. This action is due to the extreme urgency of this particular situation. There were five residents present from Carroll Drive who wished to address the Town Board on drainage problems. Mr. Versace said he would entertain them at this time and requested the Engineer's presence. Mr. Evangelista arrived at the meeting at 9:25 P.M. and listened to the discussion that followed on these problems. Patricia Chappas, 47 Carroll Drive, complained that storm drains have not been cleaned for two years by the Highway Department, and as a result when it rains, the area floods. This condition is apparently not due to the recent bad rains, but started back in November; her 3' fence was totally submerged in November and last week the water level was even with her 4' pool. She had 6" of 4 water in her home which ruined rugs and her situation was not an isolated one - her neighbors were also experiencing the same problems. She and her neighbors have spoken to Mr. Croshier and his secretary on several occasions trying to get assistance in getting the drains cleaned. Last year they were presented with permission forms for their signatures; all of them signed with the exception of one family who refused to sign, therefore the drains were not cleaned. Now, this resident is willing to sign the permission form. The Highway Superintendent has stated that irregardless of whether this resident signs the form or not, his department will c&ean the drains but refuses to give them even an approximate date of when they will do it. Mrs. Chappas continued her presentation to the Board and stated that they have been waiting since November and have been through three floods. All they receive is promises and she urged the Town Board to assist them and at least tell them when they would get relief. She was very upset and said it she could not live with/any longer. The Fire Company assisted them last week with sand bags. Mr. Versace noted that a letter went out from his office today to Mr. Croshier asking for a time schedule for storm drain cleaning for all areas of the Town. He would contact the residents when Mr. Croshier responds with this information. Mr. McCluskey asked if there was any legal action they could take to resolve the problem of the one resident who refused to sign. Mr. Versace clarified the difference between the storm drain cleaning and the situation they were discussing at present relating to one resident who was halting the project which was the stream cleaning program. This was partially completed and Drew Court will be completed this year when bids go out on the next stream cleaning project. Storm drain cleaning, he emphasized, did not require release from the home owner. Sumit Dasgopta, 5 Drew Court was recognized by the Chair asked if the stream cleaning on Drew Court and Carroll Drive would be #1 on the list this year and Mr. Versace responded that Drew Court has priority since it should have been completed last year, Carroll Drive and Balfour Drive is being considered as part of another program - they are being done in sections. 1 Mr. Dasgopta complained that some storm drain cleaning had been done last year but they were still flooding and he asked that they consider installing larger pipes. Alberta Roe, Regency Drive noted that there was a problem last year or the year before in her area with a tree interfering with the drainage pipe and asked if that had been taken care of ---that could account for the backup at Carroll Drive if they had neglected to remove it. Mr. Evangelista was familiar with this incident and reported that three years ago an entire tree went down the culvert and was trapped in one of the catch basins and later removed with chain saws. There would be no relation to this present situation. Further discussion followed on the procedures to be followed if this one resident did not sign the release form for the stream cleaning project and Mr. Versace noted that if they were informed by Mr. Croshier that objections still existed to the validation of the release form by this resident, the Town would then pursue the matter legally through the Attorney to the Town. The following Ordinance to Amend the Zoning Map of the Town of Wappinger was introduced by SUPERVISOR VERSACE: Section 1. The Town of Wappinger Zoning Map, adopted March 10, 1980, and as amended from time to time, is hereby further amended by rezoning the following described parcel of land from R-40 Residential to Al -2A Airport Industry, 2 acres classification, which said real property is more particularly described as follows: All that tract or parcel of land sit uate in the Town of Wappinger, County of Dutchess and the State of New York, bounded and described as follows: Beginning at a point in the westerly line of All Angels Road, said point being the northeasterly corner of lands now or formerly Kotowski (Liber 1074, cp309); running thence along the northeasterly line of the said lands now or formerly Kotowski (Liber 1074, cp 309) North 39-00-00 West 243.65 feet to a point; thence still along the said lands now or formerly Kotowski (Liber 1074, cp 309) and also along the northeasterly line of lands now or formerly D. Brescia Construction Corp. (Liber 1333, cp 874), said line also being the mean center line of a stone wall, North 31-50-00 West 524.90 feet to an intersection of stone walls; thence along the southerly line of Parcel "B", lands now or formerly Alexander (Liber1388, cp 932), and also Parcel "A", lands now or formerly Richardson (Liber 1532, cp 344), Parcels "A" and "B" shown on a map entitled "Sub- division Plat for John Alexander", filed in the Dutchess County Clerk's Office on 11/26/79 as map No. 5776, and running partially along the mean center line of a stone wall the following two courses: North 78-30-00 East 180.14 feet to a point and North 79-05-00 East 440.00 feetIto the westerly line of All Angels Road; thence along the westerly line of All Angels Road South 13-18-00 West 775.34 feet to the point or place of beginning. Containing 5.22 acres of land, more or less. Subject to the existing easements and rights -of way of record, if any. The present owner is Coert B. Van Voorhis, tax grid number 19-6259-09-503105-00. Section 2. This amendment shall become effective upon adoption, posting and publication as prescribed by the law. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, a piece of land containing 5.22 acres is presently owned by Mrs. Coert B. Van Voorhis; and WHEREAS, B & D Contracting Co. with the permission of the said fee owner made an application to the Town Board of the Town of Wappinger to amend the said land classification from R-40 Residential to A1 -2A Airport; and WHEREAS, the Town Board of the Town of Wappinger wishes to hold a public hearing to consider the matter, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York that a public hearing be held by the Town Board of the Town of Wappinger, County of Dutchess and State of New York, at the Town Hall, Mill Street, Wappingers Falls, New York on the 18th day of June, 1984 at 7:00 P.M. to consider the adoption of an amendment to the Zoning Map and Ordinance within the Town of Wappinger.. Seconded by: Councilwoman Paino Roll Call Vote: 4 Ayes 0 Nays At the last meeting a request from Martin Leskow to become a tenant to the Watch Hill Water District had been referred to the Attorney for review and recommendation due to the fact that this property was in the Town of Fishkill and the Board was hesitant to consider the request without legal advise. Mr. Kessler reported that he had researched the matter and determined that the Town has the right to allow Mr. Leskow to become a tenant to the Watch Hill Water District subject to a contract or agreement with him and setting the rates determined by the Board. MR. VERSACE moved that upon the recommendation of the Attorney to the Town, Martin Leskow, resident of the Town of Fishkill, be allowed to become a tenant to the Watch Hill Water District at a cost of $500.00 hookup fee, double the rates that the residents of the district are paying and adherence to all other conditions specified in the Town Tenant Policy. Seconded by Mr. McCluskey Motion Unanimously Carried A memo was received from Amelia Crosby, Comptroller suggesting that the Board approve the Procedure for Violation of Discrim- ination Against the Handicapped (the Non-discrimination Against the Handicapped Rule was previously adopted by the Town Board). This action is in accordance with FRS regulations. MR. VERSACE moved to adopt the following Procedure for Violation of Discrimination Against the Handicapped: 1. Written notice of discriminatory action to Supervisor. 2. Supervisor action within (20) twenty day investigative period relative department, i. e. Highway, Recreation, General Office, etc., and report from such department. 3. Meeting within (10) ten days following investigative period with plaintiff, Supervisor, a Town Board Member, and relative department representative. 4. Written report of findings to plaintiff no later than 40 days after receipt of initial written notice to Supervisor. Seconded by Mrs. Paino Motion Unanimously Carried Mr. McCluskey commented that he wholeheartedly supported this rule and the procedures but questioned if the Town would be in violation if they did not provide a ramp to the Meeting Room for the Handicapped to vote. Mrs. Crosby responded that we are allowed three years to comply with the rules and procedures. Since the Town Board had recently adopted a Local Law to Establish a Conservation Advisory Council, the Attorney advised them to reappoint the present members for a two year term commencing June 1st, 1984. MRS. BALLARD moved the following resolution: RESOLVED, that Edward Hawksley, Oscar Scherer, Gerald Webb, Kenneth Duxbury, Herbert Elman and Patricia Kelley be and they are hereby appointed as members of the Town of Wappinger Conservation Advisory Council pursuant to Local Law No. 2 of 1984 and it is further RESOLVED, that the aforesaid persons are hereby appointed to the said Conservation Advisory Council for a term which shall expire June 1st, 1986. Seconded by: Mr. McCluskey Roll Call Vote: 4 Ayes 0 Nays MRS. BALLARD moved to appoint Edward Hawksley as Chairman of the Conservation Advisory Council, pursuant to Local Law No. 2 of 1984 for a two year term which shall expire June 1st, 1984. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Ballard noted that the Council still needed one more member and if anyone was interested in becoming a member they should contact any Board Member. Jim Janos, 11 Cider Mill Loop, was recognized by the Chair and asked to speak to the Board regarding a problem he was having with the Carmel Heights Development, relating to the three existing structures formerly owned by Cohen Farm. The destruction of the one building, the debris that was left at the site which eventually became a home for rodents and the present situation of the burning permit issued to Mr. Segal by the D.E.0 for controlled burning by the New Hackensack Fire Company has caused Mr. Janos continued aggravation and anxiety for the past fifteen months. He could not understand why the Town would allow this activity and since he felt that the health and safety was being threatened, he sought assistance from the Town for relief from the situation. Mr. Kessler recommended that Mr. Gunderud, Building Inspector contact him the next day to discuss the matter and endeavor to assist Mr. Janos and his family. MR. VERSACE moved to notify Mr. Gunderud to contact Mr. Kessler to discuss the problem presented to the Town Board by Mr. Janos Seconded by Mrs. Ballard Motion Unanimously Carried Mr. McCluskey asked that the proper authorities be notified to cease the burning activity until the Town has cleared the present situation. MRS. BALLARD moved to notify Mr. Gunderud to stop the issuance of building permits in the Carmel Heights Subdivision until this particular situation is resolved. Seconded by Mrs. Paino Motion Unanimously Carried Michael Hirkala was recognized by the Chair asked if it was part of the approval for the sbbidivsion to remove the buildings. Mrs. Ballard responded: that she had investigated this matter and was assisted by the Building Inspector and the Zoning Administrator and they had researched the Planning Board resolution and found no condition to remove these structures before building permits were issued for that subdivision. When Mr. Hirkala asked if the buildings in question were on the map, Mrs. Ballard believed they were and he then stated that this was an oversight on the part of the Planning Board. Discussion followed on the matter and Mrs. Ballard said she first was informed of the situation on April 30th, 1984 and certainly was not happy about the burning permit but the fact remained that the D.E.C. was willing to issue the permit and the New Hackensack Fire Company was willing to conduct the controlled burning, now the Town has the problem. Mr. Janos thanked the Board and Mrs. Ballard particularly for giving him the opportunity of having his "day in court". i1 Mr. Richard Tallman, 22 Roberts Road, was recognized by the Chair and requested the Town Board to have the Dog Control Officer look at the situation over a period of time and as soon as possible pertaining to the dog problem in his area and further requested that the report from this Officer be received at the first Town Board meeting in July. The matter is presently in litigation and his attorney advised him to bring the situation up to date. Since this matter involves a violation of the Town Dog Ordinance, he felt the Dog Control Office should pursue this investigation. Alberta Roe, Regency Drive, had previously requested that the Rockingham recreation area be cleared of the debris since last year the area children had set fire to the brush and she did not want a repeat performance. Mrs. Ballard assured her that this would be taken care of in the very near future but the wet spring had put the Recreation Commission maintenance men behind schedule. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mrs. Paino and unanimously carried. The meeting adjourned at 10:14 P.M. Reg. Mtg. 6/4/84 E aine H. Snowden Town Clerk