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1984-05-07 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING MAY 7, 1984 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES April 16, 1984 Reg. 4. REPORTS OF OFFICERS: Receiver of Taxes - Amendment of Feb. Report Sup/Compt. thru Feb. Bldg. Insp./Fire Insp. Hydrant Report I`004`.ce5 5. PETITIONS & COMMUNICATIONS a. Bill White - P.R.O.T.E.C.T. RE: Public Hearing 5/10/84 b. Resignation of Edna Winters from Cons. Adv. Council c. Central Installation Co. w/revised unit charge for 5/8"x3/4" meters - REPORT FROM COMPTROLLER on clarification of billing and discount fees by Company d. Yvonne Tompkins, Sect'y, Chelsea Fire Company, re: Chelsea Recreation Area. e. Barbara Hairston, WCS Dist. request to use Town Voting Machines for School vote June 6th f. E. Hawksley requests approval to proceed with acquisition of properties within Greenfly Swamp. g. P.A. Chiefari, P.E., Bureau of Public Water Supply Protection, NYS Dept. Health, Re: Atlas application h. Thos. Logan, Assessor, re:Condition of Assessors Town Car i. H. Gunderud, Bldg, Insp. re: Unsafe Building on Robinson Lane j. Revised Soil Erosion & Sediment Control Ordinance 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Ronald Petro term expires - member of Recreation Comm. (May 1st) b. Recommendation from Planning Bd. re: B/D Contracting rezoning request. c. Transfer - money authorized for Zng. Adm. Maps. d. Dutchess County Community Development Program 8. UNFINISHED BUSINESS A. County/Town agreement for new offer for Schlauthaus Recreation property for road improvements (All Angels Hill Rd.) 0.173 A B. Pizzagalli request for Water Distribution Dist. Attny/Eng C. Flooding problem at 120 Edgehill Dr. Eng/ H. Supt. D. Report on Vrooman Drainage problem - Engineer E. Attorney report on negotiations with former Engineer to Town F. Margaret Maher - B.S.M. Realty - rezoning request G. Attorney - Comments and recommendations on "Letter of Credit" for the Hamlet Subd. H. Employee Policy - Health Insurance coverage I. NYS Compt. Office re: T/W Increase - Central Wapp. Water Imp 9. NEW BUSINESS a. Attny to Town comments on Real Property Tax Law re: Business with partial exemption b. C. Hawksley, Rec. of Taxes re:Approval for support of new "mai 10. ADJOURNMENT Tax Bills The Regular Meeting of the Town Board of the Town of Wappinger was held on May 7th, 1984 at the TownHall, Mill Street, Village of Wappingers Falls, New York. Supervisor Versace opened the meeting at 8:02 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 Kenneth Croshier, Highway Superintendent The Meeting started with the Pledge of Allegiance to the Flag. The Minutes of the Regular Meeting of April 16th, 1984 having previously been sent to all Board Members were now placed before them for their consideration. COUNCILMAN MCCLUSKEY moved that the Minutes of April 16th, 1984 be and they are hereby approved as submitted by the Town Clerk. Seconded by Councilwoman Ballard Motion Unanimously Carried Reports were received from the Receiver of Taxes (Amended Report for February) Supervisor/Comptroller thru February, Building Inspector/ Fire Inspector for April, Hydrant Report and Town Justices for April. MRS. PAINO moved to accept the above stated reports and place them on file. Seconded by Mrs. Ballard Motion Unanimously Carried A letter was received from Bill White, member of PROTECT, informing the Board that a Public Hearing would be held concerning PASNY's application to construct the Marcy -South Power line on Thursday, May 10th, 1984 in Newburgh at 4 P.M. Mr. Versace noted that Mr. Incoronato would represent the Town of Wappinger at that hearing starting at 4:00 P.M. and at 7:30 P.M. MR. VERSACE moved to receive this communication and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Edna Winters wrote a letter of resignation from the Conser- vation Advisory Council to the Town Clerk effective May 1, 1984. MRS. PAINO moved to accept Mrs. Winters's resignation with regret and requested the Town Clerk to write a letter of thanks to Mrs. Winters for her years of service on the Conservation Advisory Council. Seconded by Mrs. Ballard Motion Unanimously Carried At the last meeting a letter from Central Installation Company requesting $15.00 additional charge for each installation of odd size meters was referred to the Comptroller for clarification of billing and discount fees. Mrs. Crosby noted that at the time of the signing of the contract with Central Installation Company they agreed to a discount on their services if the Town paid the invoice within twenty days of receipt of said invoice, however this contract also stated that the billing would be on a monthly basis. After a discussion with them they agreed that the Town would pay the invoice within the twenty days and would receive the discount which would reduce the installation of these odd size meters from $15.00 to $12.00. A letter was received from them confirming this statement that the price per unit would be reduced to $12.00. MRS. BALLARD moved to receive the correspondence from Central Installation Company and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried This subject prompted a question from Mary Schmalz who was recog- nized by the Chair and asked why water meters are being replaced in houses that have working meters before the job is finished in houses that do not have meters or have broken ones. It was her understanding that there was not sufficient money in the budget to complete the installation so why not do the non -metered homes first. Why should the residents who have had meters for years be burdened with paying for those homes who have not had them she asked and recommended that the Town Board direct this company to concentrate on the homes not metered or with broken ones. She mentioned that her old Rockwell meter which was in working condition was replaced with a new Rockwell meter and could not understand why this method of installation was being used. Mr. Versace explained that the contract for approximately 2,000 meters was signed last year and it must be honored. Old meters, even if they are operable must be replaced due to the fact that computer readout cannot be used on the old ones. The district will be charged for additional items where no provisions were made in the contract. In answer to Mrs. Schmalz's question whether monies were available to pay for the project without further assessing CWWIA users, Mr. Versace stated that the monies budgeted in 1983 operation and maintenance for this project were used to pay for a capital improvement project on the extension of water lines on Old Hopewell Road and partially up Cedar Hill Road to thosa residents within the district who had paid the benefit assessment for over ten years and were still not serviced with water facilities. These monies would be refunded to the district when and if the bonding application for additional monies is approved. He could not promise that there would be no additional assessment to the residents of the district at this time. This discussion between Mrs. Schmalz and Mr. Versace continued at length during which time she reiterated her concerns on the method of installation and charges to the older residents for meters installed for the newer residents. Mrs. Ballard added that hopefully the additional bonding would be approved and revenues from the homes that are now metered in the Royal Ridge area which were not previously metered would put the district in better shape financially. She would give a further report under Committee Reports. Yvonne Tompkins, Secretary to the Chelsea Fire company wrote to the Supervisor concerning the "atrocious condition of the recreation area at this end of the Town". The members of the Fire Company asked the Board to consider providing them with a decent recreation area. Mr. Versace reported that the Town Board, the Recreation Commission and Chelsea residents met at a work shop meeting and addressed some of the concerns of these residents. MR. VERSACE moved to receive this correspondence and place it on file. Seconded by Mrs. Ballard Motion Unanimously Carried Barbara Hairston, District Clerk of the Wappingers Central School District wrote to the Board requesting the use of seven of the Town's voting machines for their Annual Election on Wednesday June 6, 1984. She indicated that the District would arrange for the pick up and return of the machines if approval was granted. MR. MCCLUSKEY moved to grant permission to the Wappingers Central School District to use seven Town voting machines on June 6, 1984. Seconded by Mrs. Ballard Motion Unanimously Carried A letter was received from Ed Hawksley, Chairman of the Conserva- tion Advisory Council regarding the acquisition of jroperties within the Greenfly Wetland. The Council was seeking approval to estab- lish a cooperative program with the Town of Fishkill since a portion of the wetlands extended into that town. He indicated in his letter that they planned to ask for assistance and resources of the Dutchess County Environmental Management Council in develop- ing an acceptable management plan for consideration by the Town Board. Mr. McCluskey stated that he had no objection to them formulating a plan but he did not want to see Town residents be burdened with paying back taxes if they were to acquire the land. MR. VERSACE moved to authorize the Conservation Advisory Council to proceed with their management plan for the Green Fly Wetland in conjunction with the Town of Fishkill and submit a detailed plan to the Town Board for their consideration. Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Paino added that this matter was discussed at the April 19th, 1984 work shop and at that time had requested that the Board be supplied with the Green Fly Survey done in 1975 by the Cary Arboretum in Millbrook. She requested that portions of that survey be included in Mr. Hawksley's report relating to plant attractive vegetative trees between Route 9 and the swamp; maximize educational benefits that can be derived from the swamp; check into possibility of owner of land clearing the drainage channel and look into the feasibility of introducing top feeding minnows to yield a biological control over mosquito larvae. A letter was received from Peter Chiefari, Senior Sanitary Engineer with the New York State Department of Health recommending approval of the Atlas Water Company application relating to the Central Wappinger Water Improvement Area interconnection without a hearing with the condition that final plans and specifications be submitted to them for approval. MR. VERSACE moved that this communication be received and placed on file and forward copies to the Attorney and the Engineer to the Town. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Logan, Assessor to the Town wrote to the Board concerning the condition of the Town Car he has been using for Town business. The Comptroller had authorized him to have the necessary repairs done to the car, however, before doing so, he wanted the opinion of the Town Board on whether this money should be spent for mechanical repairs when the major problem of severe rust damage is not being taken care of. He requested that the Town Board consider using the amount of $7,500 currently in the capital account that had been established to replace the Town cars. Mr. Logan was present and reiterated the statements made in his letter to the Board. He pointed out that there is a leak in the hatchback, the rocker panel needs repair; it is badly rusted and pointed out that the car is about ten years old and similiar to the one the Town sold several weeks ago for $90.00. He felt that the money in the Capital Account was put there for the purpose of replacing Town cars as they wore out and that was the condition of the car used by him. Mr. Versace objected to Mr. Logan's request for a new car at this time of the year since he felt that should have been discussed at budget time. It was his opinion that the repairs should be made to the car and at budget discussions for the coming year, the Board would discuss the Town vehicles. Mr. McCluskey disagreed and called the Assessor's car a wreck and probably wcrt-h about $100. He felt it was a waste of money to repair it and recommended that a new vehicle be purchased with the money in the Capital Account although it need not be assigned to the Assessor. He questioned the safety of Mr. Logan's vehicle. Mr. Versace responded that if Mr. Logan felt the car was unsafe they would take it off the road and pay him 20 mileage. At this point Mr. Logan interrupted the discussion to say that as far as safety is con- cerned, if the Town Board authorized the mechanical repairs, the car is safe. It was his intent to determine what the Town Board wanted him to do ----if they want the car repaired, that's what he would do. Mrs. Paino reported on the two estimates received for the repair of the car ----one from Exxon for $217.95 and one from Tires R Us for $210.00 which included alignment of the front end. She recom- mended that the car be brought to Tires R Us for the repairs and a separate estimate on the repair of the leak in the rear. Mr. McCluskey entered the discussion to object to spending money on a ten year old car, it should be disposed of the same as the other two Town cars. Mr, McCluskey moved to retire the 1975 Hornet used by the Assessor and pay him 20 a mile for use of his car for Town business. Seconded by Mrs. Paino Mr. Logan informed the Board that he did not have a car at present. Mr. McCluskey rescinded his motion and Mrs. Paino rescinded her second to that motion. MRS. PAINO moved to authorize the Town Assessor to have the car repaired at Tires R Us, as outlined in their estimate of $210.00 and to request a separate cost estimate for the leak in the hatch- back and repair of the rocker panel. Seconded by Mrs. Ballard Roll Call Vote: 3 Ayes Mr. McCluskey ---Nay Mr. Gunderud, Building Inspector/Fire Inspector, wrote to the Board regarding an unsafe building on Robinson Lane and requested authorization from the Board to proceed with the provisions of Local Law #8 of 1983 to have the building removed. He stated that repeated efforts have been made to induce the surviving family members to the estate to have the building demolished but he was not successful. Mrs. Ballard reported that she had spoken to one of the surviving family members last week after he had received a copy of Mr. Gunderud's letter to the Board. He stated that he would try to make arrange- ments to have the building demolished and would get back to Mrs. Ballard on this past Friday. She has had no communication from him and recommended that Mr. Gunderud's request be approved since this sit uation has been going on for nearly a year. If, in the meantime, the surviving members make arrangements to demolish the building, they can proceed with the matter themselves. The following resolution was offered by COUNCILWOMAN BALLARD who moved its adoption: WHEREAS, pursuant to Section 4 of Local Law No. 8 of 1982, the Town Board has received an investigative report concerning an unsafe building as more particularly described in the letter of the Building Inspector of the Town dated May 1, 1984, and WHEREAS, the Town Board has duly considered what course of action is appropriate in view of the condition of the premises described therein, NOW, THEREFORE, BE IT RESOLVED that the report of the Building Inspector dated May. 1, 1984 be received, and BE IT FURTHER RESOLVED that upon the recommendation of the Building Inspector and for the reasons set forth therein, it is determined that the premises described in said report are unsafe and dangerous, and BE IT FURTHER RESOLVED that because prior directives to secure the premises to avoid further deterioration thereof have been ineffectual as determined by the Building Inspector and as the deterioration of the premises appears to be advanced, it is hereby determined that the premises cannot be safely repaired and should be demolished unless immediate steps are taken to arrest deterioration and to correct all the unsafe circumstances as outlined by the report of May 1, 1984, and BE IT FURTHER RESOLVED that failure within fifteen days (15) of service of this letter upon the owner of the premises to arrest the deterioration of the building and to eliminate the unsafe circumstances existing thereat, the premises shall be demolished by the owner no later than June 15, 1984, and BE IT FURTHER RESOLVED that if the owner fails to under- take demolition or correction of the unsafe circumstances as theretofore provided, the Building Inspector shall cause the premises to be demolished at the expense of the owner of the premises. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes Mr. Incoronato---Absent The Attorney to the Town forwarded the amended Soil Erosion and Sediment Control Ordinance to the Town Board for their considera- tion. The following Ordinance was introduced by COUNCILWOMAN PAINO: (Attached hereto and made part thereof of the Minutes of this Meeting) COUNCILWOMAN PAINO moved to set a Public Hearing on the Revised Soil Erosion and Sediment Control Ordinance on May 21st, 1984 at 7:45 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York to hear all persons interested in this Ordinance. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Versace recognized Sandra Goldberg, Wappinger County Legis- lator and asked if she had anything to report on county activities. Mrs. Goldberg referred to the Town Board's letter to the County Legislators regarding possible acquisition of that portion of the Maybrook Branch of Con Rail between Poughkeepsie and Hopewell Junction. The Board is is favor of this acquisition and asked the Legislators to review this as a possible thoroughfare which would alleviate traffic congestion on the main roads in Wappinger. Mrs. Goldberg reported that the Legislators are supporting this acquisition. They are also researching possibility of the County adopting the law covering excessive rent increases levied on senior citizens and the disabled which was also requested by the Town Board. Committee Reports Mrs. Ballard, Building and Housing reported that she had spoken to Mr. Kane of Hayward & Pakan who informed her there were no problems from an engineering standpoint for foundation and septic system for new Town Hall as a result of the test borings. She referred to a letter from Mr. Kane requesting an additional fee of $3,750.00 for the final design of the building due to various changes requested by the Town. MRS. BALLARD moved to authorize the additional fee of $3,750.00 to Hayward & Pakan for the final design of the Town Hall. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Ballard, Health and Safety, reported on complaints received regarding the lack of visibility at the intersection of Widmer Road and All Angels Hill Road particularly traveling north and making a left hand turn on to Widmer Road . MRS. BALLARD moved to direct a letter to Mr. Spratt, Commissioner of Dutchess County Department of Public Works requesting that his department conduct an engineering study at this intersection to determine how they can correct this situation. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Ballard, Health & Safety, reported that Mr. Spratt had informed her that Central Hudson would move their pole back off the shoulders at the same intersection (Widmer Road and All Angels Hill Road) as soon as possible. Mrs. Ballard, Recreation Committee, reported that she and Mrs. Paino had toured the Town recreation sites with Mr. Maurer, Chairman of Recreation Commission; she had several suggestions to make, some of which had already been discussed with Mr. Maurer. 1. painting of dugouts at Martz Field already completed. 2. place dumpster at Martz Field one month earlier than they normally do. This was placed there the beginning of May. 3. repair basketball court at Martz Field and Chelsea Play- ground. Mr. Maurer looking into prices from blacktopping l0 companies to do this work. 4. asked Recreation Commission to look into organizing a Town wide Fall Soccer Program. 5. re complaints on Chelsea Boat Ramp, she and Mrs. Paino toured that area and Mrs. Paino suggested they apply to Heritage Task Force for funds ($1,000) to use for improving boat ramp. Mr. Maurer estimated $3,000 for these improvements. 6. asked the Engineer to visit Chelsea recreation area and give Town Board and Recreation Commission cost estimate to establish a separate road entrance into Chelsea recreation area. The only entrance now is the gate to the landfill site which must be kept closed according to state requirements. Mrs. Ballard said these are the suggestions they are offering to upgrade the recreation facilities in the Town. She continued with Recreation Committee report and noted that Mr. Biose, Director of Recreation informed her the Summer Program is in place, the personnel have been hired. Mrs. Ballard said she was very impressed by Little League Opening Day on April 28th, 1984 and the number of children and parents who are involved with the program; she thinks it is a very worthwhile recreation for those children who participate. At the request of Mr. Versace, a report was given by Mrs. Ballard on the progress of the installation of the water meters in the Central Wappinger Water Improvement Area. The purpose is to have all homes in CWWI metered; Rockwell meters are being placed inside homes with the outside meter reading device available which will save time in meter reading. Due to the increased development in CWWI there will be many more homes metered which will mean additional revenues for the district. The Town plans to have an aquifer test done and will be applying for funds for this test through the Dutchess County Consortium Program. The Central Installation Company began this project on March 1, 1984 and notice was sent to all homeowners in accordance with the Water Ordinance of February 13, 1980. Homeowners are responsible for fixing their own leaky water lines as well as paying for shut off valves at their water line in the home. As of May 1, 1984, 623 homes have been completed which represents one-third of the homes. Royal Ridge, formerly unmetered is now metered, except for a few unusual cases where residents were hesitant to have meters installed. Such cases have been taken care of. In order to complete the project in a fair and equitable manner, Mrs. Ballard offered the 11 following motions. Mrs. Ballard moved that CWWIA absorb all costs for water meters except for leaky water lines and shut off valves. The motion was seconded by Mrs. Paino. Mr. McCluskey did not feel a motion was necessary in this case since the district is legally responsible for these costs. The Attorney concurred with Mr. McCluskey. Mrs. Ballard rescinded her motion and Mrs. Paino rescinded her second to the motion. MRS. BALLARD moved to authorize the water and sewer billing clerk to institute the billing procedure for the new water meters in the billing cycle immediately following the completion of the meter installation. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Ballard introduced Jim Beste, Superintendent of the water meter installation project with Central Installation Company. Some of her neighbors had commented that he had been very cordial and pleasant with the residents of the community and Mrs. Ballard added that he has dealt with some of the various problems very well. She thanked him for attending the meeting. Mrs. Paino reported that the Town pick up started today on the east side of Route 9. She mentioned one problem ---a Town resident had placed his debris in an empty lot instead of putting it in front of his house. She asked the news media present to mention that. the pick up is for the residents of the Town but they must place these items in front of their property if they would like it to be disposed of. Regarding the landfill, Mrs. Paino announced that the site would be open the first Saturday of June (June 2, 1984) from 8 AM to 12 noon for Town residents to cart their debris for disposal at that site. No tires will be taken at the landfill and she asked that the residents keep the metal items separate. She noted that the landfill would be open the first Saturday of each month. They are trying to locate a company that will take tires but so far have been unsuccessful. Her next report was in reference to the Garbage Program at the Highway Department; program started in 1982 and enabled Town residents to dispose of kitchen garbage every Saturday morning between 9 AM and 12 Noon. She had completed a financial review and found that in 1983 the Town lost $567 and the first quarter of 1984 showed a loss of $455. Mrs. Paino visited the site this past Saturday and was told by the ticket collector that he was instructed by a member of the previous admistration to charge $1100 for one bag of garbage and $1.00 for two bags, so whether one bag was brought in or two bags it was still $1.00 to dispose of the garbage. This could be the reason for the deficit. She instructed the man to charge $1.00 for each bag (large lawn leaf bag). The news media was requested to mention that this price would be strictly enforced. At the end of May, Mrs. Paino would review the financial status of the operation. At the last Town Board meeting the resignation of Betty -Ann Russ Secretary to Planning Board and Zoning Board of Appeals, was accepted with regret by the Town Board. For the past three weeks, the Board has been considering a replacement for this position and Mrs. Paino offered the name of Linda Berberich. MRS. PAINO moved to appoint Linda Berberich as Secretary to the Town of Wappinger Planning Board and Zoning Board of Appeals at an annual salary of $9,500. Seconded by Mrs. Ballard Roll Call Vote: 3 Ayes, Mr. Incoronato---Absent, Mr. McCluskey ----Abstain Mr. McCluskey reported that he had received calls from residents in the Hughsonville area seeking lower speed limits on Marlorville, Connors and Hamilton Road and recommended that the Town Board consider taking action on their request. MR. MCCLUSKEY moved to request the Dutchess County Department of Public Works and the New York State Department of Transportation to lower the speed limit on Marlorville, Connors and Hamilton Roads to 30MPH. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Versace appointed Mrs. Ballard to chair a Citizens Advisory Committee for Recreation. The purpose is to review all of the present facilities and report to the Town Board. This report will then be discussed with the Recreation Commission to determine what improvements can be made to the program. He requested that those residents interested in joining this Committee contact Mrs. Ballard or call the Supervisor's Office. A vacancy existed on the Recreation Commission due to the expira- tion of Ronald Petro's term. A letter was received from the Recreation Commission recommending that Mr. Petro be reappointed. Mr. McCluskey moved to reappoint Ronald Petro as a member of the Recreation Commission. Motion Failed for Lack of a Second The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, that Herbert Stoller be and he is hereby appointed to fill the vacancy on the Town of Wappinger Recreation Commission created by the expiration of Ronald Petro's term, and it is further RESOLVED, that the aforesaid person is hereby appointed to the said Recreation Commission for a term which shall expire May 1st, 1989. Seconded by: Councilwoman Ballard Roll Call Vote: 3 Ayes Mr. McCluskey ---Nay Mr. Versace requested the Town Clerk to forward a letter to Ronald Petro thanking him for his services to the Town as a member of the Recreation Commission. A letter from the Planning Board recommended that the Van Voorhis -property on All Angels Hill Road be rezonedas requested by B/D Contracting Company. MR. VERSACE moved to notify B/D Contracting Company that a work session will be held on Thursday, May 10, 1984, 9 P.M. with the Town Board to discuss their rezoning request. Seconded by Mrs. Paino Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: RESOLVED the sum of $2,250.00 be and is hereby transferred from Special Items, Contingency B-1990.4 to Zoning,,B-3620.4, said sum to be for the purchase of various town maps from Dutchess County Planning. Seconded by: Councilwoman Ballard Roll Call Vote: 4 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: WHEREAS, the Town of Wappinger is participating in the Dutchess County Community Development Consortium for Fiscal Year 1984, and WHEREAS, input from citizens and groups has been received and considered, and WHEREAS, a Community Development Plan has been prepared and reviewed, and WHEREAS, the identification of Capital Improvements which provide the greatest potential to meet the objectives as outlined in the Statement of Objectives is the development of additional source capacity in the Central Wappinger Water Improvement Area, NOW, THEREFORE BE IT RESOLVED that the aforementioned Community Development Consortium Fiscal Year 1984 application for the Town of Wappinger including the certifications included therein be and hereby is approved, and BE IT FURTHER RESOLVED, that the submission of said application to Dutchess County Department of Planning be and hereby is authorized. Seconded by: Councilwoman Ballard Roll Call Vote: 4 Ayes Mr. Incoronato---Absent Resolution Duly Adopted Before the vote was taken Mr. Versace asked for comments and/or questions from the public relating to this matter. Mrs. Schmalz was recognized by the Chair and supported the Town Board's choice of an aquifer test for the Central Wappinger Water Improvement Area for the Consortium funding, however if this is turned down she recommended that the Recreation Barn Project on Montfort Road for Senior Citizens and the Handicapped be a second choice for the application. She had met with a representative of the Dutchess County Department of Planning who indicated that this project would be eligible for the funds and it should be mentioned that there is interest in the community for this activity. There are many senior citizens in this area and they I 5 would definitely use the facility. She repeated that the first priority should be the aquifer test. Mrs. Paino commented that this had been brought up at a work shop meeting with Miss Thomas of the Planning Department and at that time she thought this project might be a problem relating to eligibility for the funding since there will be a Senior Citizen facility in the new Town Hall. Mrs. Schmalz did not agree said this project would be Mr. Versace requested that and reiterated that this representative acceptable if there was interest in it. Mrs. Schmalz's comments be made part of the record of the Minutes of this Meeting. MR. VERSACE moved to authorize Morris & Andros to proceed with the application for the Dutchess County Consortium Funds for the aquifer test in the Central Wappinger Water Improvement Area. Seconded by Mrs. Paino Motion Unanimously Carried A letter was received from the Attorney to the Town regarding our request for an increase in the amount offered for the acquisition of a portion of the Schlathaus property (1.173 acres) for the widening of All Angels Hill Road. Mr. Kessler reported that through negotiations with the Dutchess County Land and Claims Adjuster, the offer for this property was increased by 25% of the original sum. The Supervisor executed the necessary documents and they have been forwarded to the County. At the last meeting the request from Pizzagalli Development Company for a Water Distribution District was referred to the Attorney and the Engineer for further comments. Mr. Kessler reported that he had discussed this with the Engineer and and for Mr. they had reviewed certain documents; he has received the metes bounds of the district and referred the matter to the Engineer his comments. Evangelista is researching to determine if documents mentioned in the August 8, 1983 meeting were prepared by Mr. Lapar`s office including the general plan, map and report. He will continue with this research. I( Mr. Evangelista read the following report on the drainage problem at 120 Edgehill Drive (G. T. Keros). May 7, 1984 Re: G. T. Keros 120 Edgehill Drive Drainage Concern (T) Wappinger Dear Members of the Board: As requested this letter is written to advise of the discussion involving resolution of the Keros drainage concern. The undersigned completed a site inspection with the Highway Department (Mr. Croshier) on the morning of April 23rd/1984. We investigated the Keros drainage concern which seemed to involve an underground spring collecting in his backyard, as well as a collection of surface runoff waters from the neighboring properties in a low area in the rear yards. The solution, which would be a joint effort, involving both the Highway Department and Mr. Keros (and possibly neighbots) includes the following: Mr. Keros (and/or nieghbors) are responsible to install their own drainage improvement (french drainage system) of perforated piping to collect the water in the rear yards and pipe same down the existing easement, to the Town road (being approximately 2 feet deep in the ground at the end); upon completion of the above the Highway Department will then extend an existing storm drainage system up along Edge Hill Drive for approximately 100 feet, installing 100 feet of 15" piping and a catch basin to terminate at the down hill corner of the Keros driveway. The aforesaid improvements will carry the site runoff waters into the Town storm drainage system and thus a positive means of discharge. We hope the Town finds this informative and helpful for this project. Very truly yours, s/ Ronald Evangelista Engineer to the Town Mrs. Ballard reported that she was in touch with Mr. Keros this past weekend and he informed her that he intended to go forward with part of the project and when it was completed, he would inform Mr. Croshier so the Highway Department could then follow with their part of this project. In regard to the Vrooman drainage problem, the Engineer reported that he is still trying to obtain information from Mr. Lapar on this matter, particularly the Perkins -Scofield Agreement. He will continue to pursue this matter. Mr. Kessler reported that he had been successful in obtaining certain documents from the former Engineer to the Town and hoped i7 that he would continue his cooperation and forward additional documents to the Town. In the matter of the rezoning request by B.S.M. Realty, Mr. Versace noted that the Board was waiting for them to present the proper documents to the Board so a public hearing could be set on the rezoning. Mrs. Ballard added that she had spoken to Mrs. Maher last week in the Town Clerk's office and informed her exactly what was needed for the Board Members to consider their request although they were previously notified of these require- ments. At that time Mrs. Mahar said she would contact her sur- veyor for the necessary documents and Mrs. Ballard advised her the Board could address the matter at the May 21st, 1984 meeting if the information was reeeiVed in time. A Letter of Credit from the Hamlet Subdivision was previously forwarded to the Attorney for his review and recommendation. Mr. Kessler reported that the amount of the Letter of Credit ($19,030.00) was acceptable to the former Engineer, however the present Engineer reviewed the work that had to be performed and felt that the bond amount should be $51,268.00. Mr. Kessler concurred with the higher bonding amount. MR. MCCLUSKEY moved to direct the Attorney to contact Mr. Pullo (developer of Hamlet Subdivision) and the Scarsdale Bank and inform them that the Town Board is rejecting the Letter of Credit for $19,030.00 and ask that the amount be increased to $51,268.00 and further moved to notify Mr. Pullo that no building permits will be issued for the Hamlet Subdivision until the Town Board accepts their Letter of Credit for the increased amount upon the recommendation of the Attorney to the Town. Seconded by Mrs. Paino Motion Unanimously Carried In reference to Employee Health Insurance coverage, Mr. Versace noted that Mrs. Crosby has sent notice to all employees regarding their preference of Health Insurance Policies. MR. VERSACE moved to receive this communication and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried Before the vote was taken, Mr. McCluskey brought up the item in the Town Employee Policy regarding the employees paying any increase in health insurance which, he felt, should be deleted from the policy. Mrs. Crosby responded that this should be addressed at budget time when three separate health policies will be available to the employees and the Town can decide whether they will absorb any increases or pass it along to the employees. Discussion followed between Mr. Versace and Mr. McCluskey and Mr. Versace recommended that Mr. McCluskey put a motion on the floor. Mr. McCluskey moved to remove the item from the Town Employee Policy regarding the employees paying increases on the Health Insurance Policy. Motion Failed for Lack of a Second A letter was received from Sheila Gordon, Associate Attorney with the Office of the State Comptroller regarding the necessary documents required to process the Town's application for increase of maximum bonding on Central Wappinger Water Improvement Area. Mr. Kessler reported that he had been supplied with most of the documents and Morris & Andros were supplying some documents; he requested that all of the documents be forwarded to him so he could forward them to the state in one package and hopefully expedite the approval of the application. Mr. McCluskey informed the Board that he had observed bundles of new railroad ties (25 to a bundle, every 60') along the portion of Con Rail that was supposedly being removed (Fishkill Plains area, Rt. 376). A communication was received from the Attorney regarding Business with Partial Exemption - Real Property Tax Law Section 485-b which explained that a Town Local Law to repeal this exemption was defeated in 1977. Mr. Versace requested the Attorney to research the law to determine if the Town could enact a law to repeal this exemption and put new properties on the tax roll for the full assessment. He had checked the surrounding municipalities and found that the Town of Poughkeepsie and the Town of East Fishkill do not allow this partial exemption and it is his opinion that Town of Wappinger should do likewise. MR. VERSACE moved to direct the Attorney to prepare the proper law to repeal the partial exemption on new business for Town Board action at the next meeting. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Cecile Hawksley, Receiver of Taxes, wrote to the Board requesting their approval on new mailer tax bills which the County will put out; she feels that any increased cost is more than offset by the elimination of the high cost of the special envelopes used for the present bills. MR. VERSACE moved to approve the new mailer tax bills as recom- mended by the Receiver of Taxes. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Paino had received a petition from residents in the area of Spook Hill Road directed to the Town Board and the Town Planning Board regarding new development of Spook Hill Road without improvement of road. The petition states "The undersigned are concerned residents of Spook Hill Road and attached develop- ments that wish improvements on dangerous curves on above mentioned road before new housing is constructed, which will bring increasing traffic to this area". Mrs. Paino requested that the petition be placed on file in the Supervisor's Office and a copy forwarded to the Town Planning Board Members. In order to continue the Stream Cleaning Program in the Town, Mr. Versace requested the Engineer to make a study of the following areas and submit an engineering project to the Town Board ----Drew Court, Cloverdale Place and Robert Lane in the Oakwood Knolls development (pipes underneath road should be enlarged and direction of water flow changed. 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 10:15 P Reg. Mtg. 5/7/84 c,\ 1ine fl. Snowden Town Clerk ARTICLE I TITLE AND PURPOSE A. TITLE '(`nou-` Q1, Ictg`f �c ',s irh This Ordinance will be known as the "Town of Wappinger Soil Erosion and Sediment Control Ordinance." B. PURPOSE Excessive quantities of soil are eroding within areas that are undergoing development for non-agricultural uses such as housing developments, industrial sites, roads, and recreation areas in the Town of Wappinger. This soil erosion makes necessary costly repairs to gullies, washed out fills, roads and embankments. The resulting sediment clogs storm sewers, muddies streams and silts lakes. Sediment is expensive to remove and limits the use of water for most beneficial purposes. Sediment choked streams can result in flooding and associated damages, including the threat to public health and safety. ARTICLE II DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this Ordinance, unless otherwise. specifically stated: 1. APPLICANT: Any individual,corporation, or entity who is required under the Zoning Ordinance to obtain a site plan or subdivision approval. 2. CERTIFICATION: A signed, written statement by the Zoning Administrator that specific constructions, inspections or tests, where required, have been performed and that such comply with the applicable requirements of this article or regulations adopted. 3. EROSION: The wearing away of the land surface by the action of wind, water or gravity. 4. EXCAVATION OR CUT: Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. 5. DEBRIS BASIN: A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, or silt or other material. 6. DEVELOPMENT PLAN: The official master plan of the Town of Wappinger which is used as a guide for the appropriate development of various areas of the Town. 7. DIVERSION: A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope. 8. EMBANKMENT OR FILL: A man-made deposit of soil, rock or other materials. 9. EXISTING GRADE: The vertical location of the existing ground surface prior to cutting or filling. 10. FEE - PERMIT: The payment required from an applicant for the issuance of a permit under the provisions of this Ordinance. 11. FEE - INSPECTION: The payment required from the permittee for inspections required under the provisions of this Ordinance. 12. FINISHED GRADE: The final grade or elevation of the 2- ground surface conforming to the proposed design. 13. GRADING: Any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition. 14. GRADING PERMIT: A permit issued to authorize work to be performed under this Ordinance. 15. GRASSED WATERWAY: A natural or constructed waterway, usually broad and shallow, covered with erosion -resistant grasses, used to conduct surface water from a field, diversion or other site feature. 16. MULCHING: The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover. 17. NATURAL GROUND SURFACE: The ground surface in its original state before any grading, excavation or filling. 18. ONE HUNDRED YEAR FLOOD PLAIN: That area which would be inundated by storm runoff or flood water equivalent to that which would occur with a rainfall or flood of one hundred (100) year recurrence frequency. 19. PERMITTEE: Any person to whom a permit is issued in accordance with this ordinance. 20. PROFESSIONAL ENGINEER: An engineer duly registered or otherwise authorized by the State of New York to practice in the field of civil engineering. 21. REGULATED GRADING: Any grading performed with the approval of and in accordance with criteria established by the Zoning Administrator. 22. SEDIMENT: Solid material, both mineral and organic, -3- that is in suspension, is being transported, or has been moved from its site or origin by air, water or gravity as a product of erosion. 23. SEDIMENT BASIN: See Debris Basin. 24. SEDIMENT POOL: The reservoir space allotted to the accumulation of submerged sediment during the life of the structure. 25. SLOPE: Degree of deviation of surface from the horizontal usually expressed in percent or degree. 26. SOIL: All unconsolidated mineral and organic material of whatever origin that overlies bedrock which can be readily excavated. 27. SOIL ENGINEER: A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering. 28. SITE: Any plot or parcel of land or combination of contiguous lots or parcels of land where grading is performed or permitted. 29. STANDARDS AND SPECIFICATIONS: The manual entitled, "Erosion and Sediment Control Standards and Specifications" published by the Town of Wappinger Advisory Council, printed January 1981, which is a compilation of best design practices for construction related activities intended to minimize impact upon water quality from soil erosion and sedimentation, and which may, from time to time, be updated and/or revised on an annual basis no later, however, than March 1 of each year. -4- 30. STRIPPING: Any activity which removes or significantly disturbs the vegetative surface cover,including clearing and grubbing operations. 31. STRUCTURAL ROCK FILLS: Fills constructed predominantly of rock materials for the purpose of supporting structures. 32. TEMPORARY PROTECTION: Stabilizations of erosive or sediment producing areas. 33. VEGETATIVE PROTECTION: Stabilization of erosive or sediment producing areas by covering the soil with: a. Permanent seeding, producing long-term vegetative cover b. Short-term seeding producing temporary vegetative cover, or c. Sodding, producing areas covered with a turf of perennial sod -forming grass. 34. WATERCOURSE: Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or flood water. ARTICLE III APPLICATION PROCEDURE A. INITIAL It is suggested that the applicant consult the Town of Wappinger Development Plan regarding its effect upon the tract to be developed and the area surrounding it before -5- he submits a preliminary plat for review. He should also become acquainted with the zoning ordinance erosion and sediment control standards and specifications, this ordinance, and other ordinances which regulate the development of land in the Town. B. COMPLIANCE No site plan or plat shall be approved unless it includes soil erosion and sediment control measures in accordance with the standards and specifications of the Town of Wappinger. No approval for a certificate of occupancy for any building will be granted unless all needed erosion control measures have been completed or substantially provided for in accordance with this ordinance and the standards and specifications of the Town of Wappinger. The applicant shall bear the final responsibility for the installation and construction of all required erosion control measures according to the provisions of this ordinance and to the standards and specifications of the Town of Wappinger. C. DATA REQUIRED The applicant must submit the following information for the entire tract of land, whether or not the tract will be developed in stages: 1. A boundary line survey of the site on which the work is to be performed. 2. Description of the features, existing and proposed, surrounding the site of importance to the proposed development. 3. Description of general topographic and general soil -6- conditions and contours on the site (available from the Dutchess County Soil Conservation District). 4. Location and description of existing and future man- made features of importance to the proposed development. 5. Plans and specifications of soil erosion and sedimentation control measures in accordance with standards and specifications of the Town of Wappinger. 6. A reasonable timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures. D. PERMITS 1. REQUIREMENT: Except as exempted by Paragraph 2 of this section, no person shall do any grading, stripping, cutting, filling, or other site preparation, without a valid grading permit issued by the Zoning Administrator. 2. APPLICATION: A separate application shall be required for each grading permit. Plans, specifications and timing schedules shall be submitted with each application for a grading permit. The plans shall be prepared or approved and signed by a professional engineer or by an architect, and shall be reviewed and approved, disapproved, or modified by the engineer to the Town. The Zoning Administrator may waive the preparation or approval and signature by the applicant's -7- professional engineer or architect when the work entails no reasonable hazard to the adjacent property. ARTICLE IV PRINCIPLES AND STANDARDS A. IMPLEMENTATION Since considerable soil erosion can take place during construction, plans shall contain proposed erosion and sediment control measures. These measures shall be incorpor- ated into the final plat and the final construction drawings. Erosion and sediment control measures shall conform to the standards and specifications established by the Town of Wappinger. The measure shall apply to all features of the construction site, including street and utility installations as well as to the protection of individual lots. Measures shall also be instituted to prevent or control erosion and sedimentation during various stages of development. B. GENERAL DESIGN PRINCIPLES Practical combinations of the following general principles will provide effective sediment control when properly planned and applied: 1. The subdivision and site plan shall be fitted 'to the topography and soils so as to create the least erosion potential. 2. Grading of land within the one hundred (100) year flood plain or watercourses designated and delineated as being subject to flood hazard will not be permitted /997 unless Local Law No. 4A. complied with regarding flood -8- damage prevention. 3. Permanent vegetation and improvements such as streets, storm sewers or other features of the development, capable of carrying storm run-off in a safe manner, shall be scheduled for installation to the greatest extend possible before removing the vegetation cover from an area. 4. Wherever feasible, natural vegetation shall be retained and protected. 5. Where inadequate vegetation exists, temporary or permanent vegetation shall be established. 6. The smallest practical area of land shall be exposed at any one time during development. 7. When land is exposed during development, the exposure shall be kept to the shortest practical period of time. 8. Critical areas exposed during construction shall be protected with temporary vegetation and/or mulching. 9. Sediment basins (debris basin, desilting basins, or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development. 10. Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development. 11. The permanent final vegetation and structures shall be installed as soon as practical in the development. C. DEVELOPMENT STANDARDS All development, plus specifications and timing schedules, -9- including extensions of previously approved plans, shall include provisions for erosion and sediment control in accordance with standards and specifications established by the Town of Wappinger. 1. Technical standards for the design and installation of erosion and sediment control measures are available from the office of the Zoning Administrator, at an appropriate fee. D. MAINTENANCE Applicants carrying out soil erosion and sediment control measures under this article shall adequately maintain all permanent erosion control measures, devices and plantings in effective working condition until a final certificate of occupancy is granted. ARTICLE V INSPECTION AND ENFORCEMENT A. INSPECTION The requirements of this article shall be enforced by the Zoning Administrator who shall inspect or require adequate inspection of the work. If the Zoning Administrator finds any existing conditions not as stated in any application, grading permit, or approved plan, said Zoning Administrator may refuse to approve further work and issue a cease and desist order. B. VIOLATIONS Whenever, by the provisions of this Ordinance, the performance of any act is required, or the performance of any act is -10- prohibited, a failure to comply with such provisions shall constitute a violation of this Ordinance. C. CORRECTION All violations shall be corrected within thirty (30) days following date of issuance of written notice to correct. D. PENALTIES Any person, firm or corporation who violates, neglects, omits or refuses to comply with any provision of this Ordinance, or any permit or exception granted hereunder, or any lawful requirement of the Zoning Administrator, shall be fined on conviction not less than fifty ($50) dollars nor more than one hundred ($100) dollars together with the cost of prosecution. To promote compliance with the provisions of this Ordinance, each day that a violation maintains, following notification, shall be deemed a separate offense. The imposition of any fine shall not exempt the offender from further compliance with the provisions of the Ordinance. E. FEES A fee schedule for permits and inspections based upon relevant criteria, shall be established by the Town Board of the Town of Wappinger. ARTICLE VI SEVERANCE PROVISIONS All parts of this Ordinance shall be deemed severable. Should any section, paragraph, or provision be declared invalid or unconstitutional by the courts, such holdings shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared. The -11- Town Board hereby declares that would have enacted this Ordinance and each part there• irrespective of the fact that any one or more part , section, subsection, phrase, sentence or clauses be declared invalid. This Ordinance hall take effect immediately upon adoption by the Town :oard of the Town of Wappinger. , • Town Board hereby declares that it would have enacted this Ordinance and each part thereof irrespective of the fact that any one or more parts, section, subsection, phrase, sentence or clauses be declared invalid. This ordinance shall take effect immediately upon adoption by the Town Board of the Town of Wappinger, and shall be applicable to all pending applications, subdivisions and site plans. Seconded by : Councilwoman Ballard Roll Call Vote: 3 Ayes Mr. McCluskey--NAy