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1982-09-13 PHi AGENDA TOWN BOARD TOWN OF WAPPINGER SEPTEMBER 13, 1982 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes au43rq Decd 4. REPORTS OF OFFICERS Town Justices Bldg/Zng Hydrant Report Receiver of Taxes - Sup/Compt thru July 5. PETITIONS & COMMUNICATIONS a. David Emmet re: leasing Town property on Middlebush Rd. b. Request from H. Gunderud for permission to attend State Bldg.. Conference in Ellenville Sept. 29 -Oct. 1st. etiso V.<ct 'Sc f T Lcclzn c. Request from K. Croshier, H. Supt., to go to bid for New Highway Garage. d. Bob Roarabaugh re: dangerous curve on Losee Rd. e. Mr. & Mrs. Kulaga re: water drainage problem - Bel -Aire Lane f. Dennis -Rivera requests permission to become Tenant to'Rockingham Farm Sewer District. g. Lloyd Creary re: CATV - cost for him to hook up h. 2 Peddling License Applications: John McLeod & Dennis McQuire i. Notice of Public Hearing, Town of Poughkeepsie on Zng. Ord. Amendments j. T/W Ping. Bd. subdivision Regulations with recommendation for T/Bd to adopt. k. Attny to Town Reports: 1. Camo Pollution Contract as commented on by State Auditor 2. Local SEQRA Legislation 3. Diane LeRoy vs Town of Wappinger 1. Set Special meeting for Town Clerk to turn over Tentative Budget to Town Board and, change date of October Meeting from llth to 13th m. R.E. Lapar Reports: 1. Baldwin Drive Storm drainage pipe behing lots #6-8-10 2. Serenity Mission Rd. paving 3. RFSTP complaints of Sludge outfall 4. Drew Ct. drainage problem 5. Tall Trees cost est. Chlorine Contact Tank n. Dutchess Co.DEpt. Aviation response re: operating standards 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Direct Assessor to prepare Assessment Rolls for various water and Sewer Improvement Areas and Districts b. Resolution by Supervisor Diehl re: Marcy Power Lines c. Introduce Local Law for Unsafe Bldgs - and set date for Public Hearing d. Introduce Local Law for "No Parking" along All Angels Hill Rd. in vicinity of Rte 82 - and set date for Public Hearing e. County Snow Removal Resolution f. Pop Warner Contract g. N.Y.S.D.O.T addition Permanent easement Rte 9D(same location as before h. CATV Contract A c -.ne\ :4t.rw CL�rta �.��4.�\c� ;),sr. 8. UNFINISHED BUSINESS Mocassin Hill - Easements and Dedication of Rds. 9. NEW BUSINESS 10. ADJOURNMENT Q401fL4(0, l 4'A, A Regular Meeting of the Town Board of the Town of Wappinger was held on September 13, 1982 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:01 P.M. Present: Louis Diehl, Supervisor Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Nicholas Johnson, Councilman Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town All stood for the Pledge of Allegiance to the American Flag. Before starting with the regular Agenda, Mr. Diehl announced that he wished to pass a resolution on the installation of the Marcy Power Lines and then give Mr. Peter White, County Legislator of Wappinger, who was present, the opportunity to discuss the reso- lutions sponsored by him at the County Legislature meeting that day. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: RESOLVED the Town of Wappinger Town Board strongly objects to installation of Marcy Power Lines as presented in original plans (overhead) and opposed also to a proposed alternate overhead plans. In view of the fact that overhead power lines of nature proposed by Power Authority of State of New York give no guarantee of no destruction to the environment in the Town of wappinger and lack of security for residents of the Town of Wappinger. This resolution supports and defines the position of the Town that the Town objects to "Power Overhead Lines" and if necessary, clearly states; Bury the Power Lines. This resolution supports and clearly defines a previous declaration by Councilwoman Bernice Mills at a prior Town Board Meeting, by taking the positive position, that if the lines must be constructed and that there is proof that there will be no environmental damage the Town Board will insist that the lines be buried. This does not preclude the Town Board from pursuing any legal remedies available, if we are not satisfied as to there safety. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays Mr. White reported that he had been working since late May against the installation of these lines and had introduced three resolutions at the County meeting that day concerning these lines. The first one stated that the County was against the lines, the second resolution requested the County Executive to direct her attorney to fight it and the third resolution required an Environmental Impact Statement on this action. He then invited questions from the public and when asked what they could do he suggested that they write letters of objection to the County Executive and all State Officials. Mr. White concluded a lengthy discussion with the residents present by requesting that they contact him for assistance in fighting the installation of these lines. Mr. Diehl introduced Sandra Goldberg and asked for her comments in this matter. She felt Mr. White had covered the subject very well and added that the paper could alert the public to write to their representatives either individually or petition in a group and addresses should be supplied or they could contact the Town offices for this information. She also offered her assistance to the residents. A question was brought up on the location of any public hearing that might be conducted and what could be done to have one scheduled in Dutchess County. MR. DIEHL moved that the Town contact the proper authorities and request that a Public Hearing on the installation of the Marcy Power Lines be held in the County of Dutchess. Seconded by Mr. McCluskey Motion Unanimously Carried The Minutes of the Regular Meeting of the Town Board on August 9, 1982, having previously been sent to all Board Members, were now placed before them for their consideration. Mrs. Mills asked that one item be corrected to read that a report from the Landfill Com- mittee on a Fall Clean-up in October would be on the September Agenda rather than on the October Agenda. MRS. MILLS moved that the Minutes of the August 9th, 1982 Town Board Meeting be approved with the correction noted, as submitted by the Town Clerk. Seconded by Mr. McCluskey Motion Unanimously Carried Reports for the month of August were received from the Town Justices, Building Inspector/Zoning Administrator, Hydrant Report, Receiver of Taxes, July and August and the Supervisor/Comptroller Report through July 31, 1982. MR. MCCLUSKEY moved that all Reports be accepted and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried Mr. David Emmett, 24 Middlebush Road, Town of Wappinger, wrote to the Board requesting permission to lease a parcel of land owned by the Town which adjoined his property for the purpose of grazing for his animals. Mr. McCluskey had contacted Mr. Emmet and was familiar with the request; he :recommended that it be referred to the Ordinance Committee for further discussion and Mr. Versace added that it should also be reviewed by the Zoning Administrator for research of proper acreage required for the animals. MR. MCCLUSKEY moved that Mr. Emmett's request to lease a parcel of Town property be referred to the Ordinance Committee, the Attorney and the Zoning Administrator for review and recommendation. Seconded by Mr. Versace Motion Unanimously Carried The following requests were received from Town Officials requesting permission to attend conferences: Mr. Gunderud, for the New York State Building Official Conference at Ellenville, New York from September 29th to October 1st, 1982; Judge Francese and court personnel to attend the New York State Magistrates Association Conference from October 10th through October 13th, and Thomas Logan to attend the New York State Assessors Association from September 19th through September 23rd, 1982. MRS. MILLS moved that Mr. Gunderud and Judge Francese be given permission to attend their respective conferences. Seconded by Mr. McCluskey Motion Unanimously Carried MRS. MILLS moved that monies be transferred from the Contingency Account for Mr. Logan's Conference and his request to attend said Conference be approved. Seconded by Mr. McCluskey Motion Unanimously Carried A request was received from Mr. Croshier, Highway Superintendent to bid on a new highway garage which, he stated, was needed for the coming winter. The specifications had been forwarded from the Engineer to the Comptroller's office and the information had MR. the for not been received by MCCLUSKEY moved that specifications for a their review. Seconded by Mr. Versace the Town Board to review. the Comptroller be directed to forward new highway garage to the Town Board Motion Unanimously Carried Mr. Bob Roarabaugh, 4 Losee Road, wrote to the Board regarding a "very dangerous curve for northbound motorists on Losee Road". They average one accident a week and in bad weather they have had as many as four in that period of time. So far, he said, they had no fatalities, they have been one car accidents and usually crash into his cedar tree on the opposite side of the road. He urged the Board to take action and suggested taking the turn out of the road or make that road one way northbound. Mr. Diehl had received a telephone call on this complaint and had recommended that a letter be sent to the Board; he then referred it to the Highway Superin- tendent for investiggtion hoping to have a report at this meeting, however Mr. Croshier was MR. DIEHL moved that the dent to investigate this Seconded by Mrs. Mills not present due to illness. Highway Committee contact the Superiinten- complaint and report back to the Board. Motion Unanimously Carried Another complaint relating to the Bell -Air Lane Drainage Project was received from Mr. & Mrs. Kulaga at 4 Bell -Air Lane. The previous complaints had been referred to the contractor who installed the drainage for investigation. Mr. Lapar and Mr. Croshier had visited the area to check out these complaints and determined that was the contractor's responsibility. MR. DIEHL moved that the complaint from the Kulagas be referred to the Engineer, the Attorney and the Highway Superintendent to investigate along with the contractor and endeavor to solve their problem. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Dennis Rivera, 2 Pye Lane, Town of Wappinger wrote to the Board requesting permission to hook into the Rockingham Farms Sewer District as a tenant. Mr. Lapar explained the procedure Mr. Rivera would have to follow and the first step would be to contact the Dutchess County Department of Health, explain the problem he was having and request their approval for this hook-up. Once this was received, the Town Board would consider action on the request under the Town Tenant Policy. MR. DIEHL moved that a letter be directed to Mr. Rivera informing him of this action as explained by Mr. Lapar. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from Lloyd Creary, Myers Corners Road regarding the price quoted to him by U. S. Cablevision for hook up to cable. His home was situated back off of the highway and he felt the sum of $700.00 which they quoted was exhorbitant and hoped the situatitn of residents in this predicament would be considered by the Board during their negotiations with the cable company for renewal of the franchise. Mr. Diehl referred this matter to the Cable Committee to contact Mr. Erichsen of U. S. Cablevision to determine what could be done to resolve this problem. Two Peddlers... License Applications were received, one from John McLeod for door to door candy sales and one from Dennis McGuire for the sale of food and soda. It was noted that Mr. McGuire was a veteran and the fee would be waived, however, Mr. McLeod would be charged the full sum of $150.00 for one year. MRS. MILLS moved to approve Peddlers Licenses for both applicants, John McLeod and Dennis McGuire. Seconded by Mr. McCluskey Motion Unanimously Carried A Notice of Public Hearing was received from the Town of Poughkeepsie on amendments to their Zoning Ordinance. MRS. MILLS moved to receive the Notice of Public Hearing from the Town of Poughkeepsie and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried The Planning Board had forwarded updated Subdivision Regulations which had been adopted by them and a recommendation that the Town Board approve their adoption. The following resolution was offered by COUNCILMAN VERSACE who moved its adoption: WHEREAS, the Planning Board of the Town of Wappinger has undertaken review of its subdivision regulations and revised them as it deems appropriate, and WHEREAS, on August 30th, 1982, a public hearing was held to permit expressions of public interest as to the content of said proposed revised regulations, and WHEREAS, subsequent to the public hearing, the Planning Board approved such regulations subject to the approval of the Town Board, NOW, BE IT RESOLVED that the revised subdivision regulations of the Planning Board of the Town of Wappinger which were the subject of a public hearing on August 30th, 1982, be approved as required by Town Law Section 272. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays Mr. Versace commented before the resolution was adopted that although he had no objection to approving these subdivision regulations, there was a possibility of a problem with the bonding process which he felt should be thoroughly discussed with the Attorney at their next work session along with the Chairman of the Planning Board. Mr. Diehl noted that the matter would be on the agenda of their next work shop session. A report was received from the Attorney regarding a question raised in a recent audit by the Department of Audit and Control as to the absence of competitive bidding for the Camo Pollution Contract, for operation and maintenance of the Town Water and Sewer Plants. The Attorney had previously expressed the opinion that these were professional services and therefore did not come under the category which required bidding and in this report he stated that they would continue to adhere to their original opinion. If it was the desire of the Board, Mr. Adams added, he would solicit further clarification from the State Comptroller. MR. VERSACE moved that the Attorney be requested to solicit the opinion of the State Comptroller in the matter of competitive bidding on the contract for operation of our Water and Sewer Plants. Seconded by Mr. McCluskey Motion Unanimously Carried The second report received from Mr. Adams was in regard to the possible updating of the Local Law on SEQRA and suggested that the matter be referred to the Conservation Advisory Council for their input. MR. MCCLUSKEY moved to refer this report to the Conservation Advisory Council as suggested by the Attorney. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Adams wrote to the Board concerning legal action which had been brought against the Town by Diane LeRoy. MR. MCCLUSKEY moved to appoint the law firm of Corbally, Gartland and Rappleyea in the matter of Diane LeRoy vs. the Town of Wappinger, to answer and defend on behalf of the Town. Seconded by Mrs. Mills Motion Unanimously Carried MR. MCCLUSKEY moved to set a Special Meeting for September 29, 1982 at 6:45 P.M. at which time the Town Clerk would present the 1983 Tentative Budget to the Town Board. Seconded by Mrs. Mills Motion Unanimously Carried MRS. MILLS moved to change the date of the Town Board Meeting in October from the llth of October to the 13th of October, 1982, due to Columbus Day Holiday. Seconded by Mr. McCluskey Motion Unanimously Carried A report was received from Mr. Lapar in reference to Storm Drainage Pipe and Easement behind Lot #6, #p8 and #10 Baldwin Drive which had been requested by the Board at the August 9th, meeting. The pipe in question was placed either by the developer and/or the home builder prior to August 1975 and obviously did the job for five years since no complaints had been received during that time. Mr. Lapar pointed out that they were obviously clogged but the question still remained on the burden of the responsibil- ity ---the Town, the homeowner or the developer. Another discussion ensued between Mr. Lapar and Mr. Versace on the history of the drainage in that area and their recollections of the developers who were involved in the Kent Road area drainage projects. It was agreed at the conclusion of the discussion that more research was needed to determine if the Town was obligated to perform any corrective action to solve the problem. MRS. MILLS moved that the Attorney and the Engineer investigate this matter further to determine if the Town has any legal responsibility to correct the problem. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Lapar reported to the Board on the Paving Contract for roads in Serenity Mission and informed the Board that although he and Mr. Croshier had spent several hours reevaluating the bids in an effort to bring the cost down to a more realistic figure, the estimate still remained too high. He recommended that the work be done by the Highway Department which would eliminate many of the costs involved with an outside contractor. MRS. MILLS moved that a letter be directed to the Highway Super- intendent informing him that funds have been made available for him to complete the roads in the Serenity Mission Subdivision this year. Seconded by Mr. Versace Motion Unanimously Carried A complaint of sludge at the outfall discharge into Sprout Creek at the Rockingham Farms Sewer Treatment Plant had been investiga- ted by Mr. Lapar and he reported that after an inspection of the site by him and Larry Whitten of Camo Pollution Control there was no evidence of sludge found along the route of the outfall. He noted that the plant was surrounded by wetland and swampy areas and this material could have been mistaken for sludge, but there was no evidence of sludge dumping. Mr. Versace reported that he had also checked this area and concurred with Mr. Lapar. MR. VERSACE moved to receive this report and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried Another report from Mr. Lapar referenced a drainage problem on Drew Court which both he and Mr. Croshier had investigated and he noted that the existing easements had become overgrown and could use some maintenance cleaning. The Drainage Committe had previously met with Mr. Lapar and Mr. Croshier and agreed that stream cleaning and easement cleaning should be done in this area. Mr. Versace asked if any action had been taken on such a project and Mrs. Mills replied that they intended to recommend to the Board that this cleaning be done, however, it could not be done just in one area since it would cause downstream flooding which Mr. Lapar had cautioned them about. Mr. Versace's intent was for the Highway to clean out the overgrowth in the easements but agreed to wait on this action until the Drainage Committee sub- mitted a Drainage Plan of stream cleaning for the whole area which Mrs. Mills hoped could be implemented this year. A cost estimate of $5,000 for the installation of a chlorine contact tank in the Tall Trees Water District was submitted to the Board by Mr. Lapar as had been requested at the last meeting. MR. VERSACE moved to receive the report and place it on file. Seconded by Mrs. Mills Motion Unanimously Carried At the last meeting, the Town Board requested that a letter be directed to the County Executive and the Commissioner of Aviation stating their objections to the use of Dutchess County Airport 10 for large aircraft such as the 727's and B17's. A response was received from Bradley Whited, Commissioner of Aviation informing the Board of their operating standards and procedures used for all aircraft landing. He reviewed the procedure that they followed on the day that the large aircraft landed and when all factors had been taken into consideration the conclusion reached by his office was that the landing operation would be safe. He invited the Town's involvement in a program they were developing with the tenants and community called a Noise Abatement Plan and suggested a meeting if the Board was interested. Mr. McCluskey was upset with the tone of the letter and felt that the airport officials should be more concerned with safety and although they went through their procedures and deemed it safe for this aircraft to land, they might not be as lucky the next time. Mrs. Mills felt that perhaps Mr. Whited misunderstood the objection and perhaps another letter should be written to him emphasizing what they were objecting to which was the landing of the two large aircraft at the airport. They could also set up a meeting to discuss their operating procedures further. Charles Cortellino was recognized by the Chair and suggested that the FAA also be invited. Mr. Ron Lafko was recognized by the Chair and informed the Board that a Liaison Committee had been established within the Quiet Acres development and they meet monthly with the aviation commission and would also appreciate the Town's cooperation. He felt they should all meet together so they could reinforce each others efforts on the activities at the airport. Another resident, Rudolph Landelma, was also recognized by the Chair and stated that the attitude being taken by the airport official was discriminatory but he did believe the FAA should lay down laws of how long the runway has to be for certain type aircraft and we adhere to it. MRS. MILLS moved that the Commissioner of Aviation, the FAA and Ron Lafko be invited to the Town Board's next work shop session to discuss the procedures that were now being followed at the airport. Seconded by Mr. McCluskey Motion Unanimously Carried Before going into Committee Reports, Mr. Diehl recognized Wappinger County Legislator, Donald McMillen and asked him if he had any reports to add to those of Peter White and Sandra Goldberg who had previously spoken on the Marc Power Lines. He mentioned that although they had passed the three resolutions against the power lines that day, he hoped that a much stronger resolution would be presented at their next meeting with more facts to back their opposition. In regard to the meeting with airport officials he felt that the County Legislators should also be included and when questioned by Mr. McCluskey if they had an Airport Committee he replied that they did however, the members on the Committee were not from the Town of Wappinger. MRS. MILLS moved that a letter be directed to Joseph Poillucci, Chairman of the County Legislature requesting that at least one member of the Legislature Airport Committee be from the Town of Wappinger in view of the fact that the Dutchess County Airport is situated in the Town of Wappinger. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Mills, Landfill Committee, reported that there will no fall clean-up this year mainly because there are no surplus funds available to conduct one since the monies were spent on the three other programs which she felt were very successful. The program at Castle Point for disposal of all items with the exception of metal which the residents could deposit at the Highway Garage, was conducted on the first Saturday of every month starting in April and ending in October. The Saturday Morning Kitchen Disposal Program would be continued indefinitely at the Highway Garage or until such time that it might cause a deficit to the Town. At this time their recommendation would be to conduct a spring clean-up in April. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR CENTRAL WAPPINGER WATER IMPROVEMENT AREA The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Central Wappinger Water Improvement Area in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR OAKWOOD KNOLLS WATER DISTRICT The following Reeolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Oakwood Knolls Water District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. )5 f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR FLEETWOOD WATER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to preapre an assessment roll for5-the Fleetwood Water District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR THE ARDMORE WATER IMPROVEMENT AREA The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Ardmore Water Improvement Area in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation wheEeby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR TALL TREES WATER IMPROVEMENT AREA The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Tall Trees Water Improvement Area in accordance with the following standards: one for 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - benefit unit. Where acreage over two acres - .2 benefit unit each acre or part thereof over two acres. b. Vacant residential land less than two acres - . 8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WAPPINGER SEWER IMPROVEMENT NO. 1 The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assess r is hereby authorized and directed to prepare an assessment roll for the Wappinger Sewer Improvement No. 1 in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR MID -POINT SEWER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Mid -Point Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the tot al assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The landswhich can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR FLEETWOOD SEWER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment, roll for Fleetwood Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor whall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WILDWOOD SEWER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Wildwood Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - ,8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivision that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WATCH HILL SEWER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Watch Hill Sewer District in accordance with the following standards: one for 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - benefit unit. Where acreage over two acres - .2 benefit unit each acre or part thereof over two acres. b. Vacant residential land less than two acres benefit unit. - .8 c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ration which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded,by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR DIEHL: A Local Law providing for the repair or removal of unsafe buildings and collapsed structures. Be it enacted by the Town Board of the Town of Wappinger. Section 1. Purpose. Unsafe buildings pose a threat to life and property in the Town of Wappinger. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as point of congregation by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation thereby creating a health menace to the community. It is the purpose of this local law to provide for the safety, health protection and general welfare of persons and property in the Town of Wappinger by requiring that such unsafe buildings be repaired or demolished and removed. Section 2. This local law shall be known as "Unsafe Building Law" of the Town of Wappinger. Section 3. Definitions. (1) "Building" means any building, structure or portion thereof used for residential, business or industrial purpose. (2) "Building Inspector" means the building inspector of the Town of Wappinger or such other person appointed by the town board to enforce the provisions of this local law. Section 4. Investigation and Report. When in his own opinion or upon receipt of information that a building (1) is or may become dangerous or unsafe to the general public, (2) is open at the doorways and windows making it accessible to and an object of attraction to minors under eighteen years of age, as well as to vagrants and other trespassers, (d) is or may become a place of rodent infestation, (4) presents any other danger to the health, safety, morals and general welfare of the public or (5) is unfit for the purposes for which it may lawfully be used, he shall cause or make an inspection thereof and report in writing to the town board his findings and recommendations in regard to its repair or demolition and removal. Section 5. Town Board Order. The town board shall there- after consider such report and by resolution determine, if in its opinion the report so warrants, that such building is unsafe and dangerous and order its repair, if the same can be safely repaired, or its demolition and removal, and further order that a notice be served upon the persons and in the manner provided herein. Section 6. Notice; Contents. The notice shall contain the following: (1) a description of the premises, (2) a statement of the particulars in which the building is unsafe or dangerous, (3) an order outlining the manner in which the building is to be made safe and secure, or demolished and removed, (4) a statement that the securing or removal of such building shall commence within (30) days of the service of the notice and shall be completed within (60) days thereafter, unless for good cause shown such time shall be extended, (5) a date, time and place for a hearing before the town board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five business days from the date of service of the notice and (6) a statement that in the event of neglect or refusal to comply with the order to secure or demolish and remove the building,the town board isauthorizedto provide for its demolition and removal, -to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of demolition, including legal expenses. Section 7. Service of Notice. The said notice shall be served (1) by personal service of a copy thereof upon the oyer, executor, administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe building as shown by the records of the receiver of taxes (or tax collector) or of the county clerk; or if no such person can .be reasonable found by mailing such owner by registered mail, a copy of such notice directed to his last known address as shown by the above records if said person resides within the town, otherwise by mailing by both regular and registered mail if such person resides outside the town, and (2) by personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found and (3) by securely affixing a copy of such notice upon the unsafe building. Section 8. A copy of the notice served as provided herein shall be filed in the office of the County Clerk of the County of Dutchess. Section 9. Refusal to Comply. In the event of the refusal or neglect of the person so notified to comply with said order of the town board and after the hearing, the town board shall provide for the demolition and removal of such building or structure either by town employees or by contract. Except in emergency as provided in Section 11 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding. Section 10. Assessment of Expenses. All expenses incurred by the town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actually removing such building, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article Fifteen of the Town Law for the levy and collection of a special ad valorem levy. Section 11. Emergency Cases. Where it reasonably appears that thereis present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the town board may by resolution authorize the building inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Section 10 hereof. Section 12, The surveyor appointed as provided herein shall be paid reasonable compensation as shall be fixed by the town board. Section 13. This local law shall take effect immediately upon filing thereof in the office of the Secretary of State. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, there has been duly presented and .introduced at a meeting of this Town Board on the 13th day of September, 1982, a proposed local law providing for the repair or removal of unsafe buildings and collapsed structures, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 29th day of September 1982 at 6:40 P.M. EDT on such day at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletinboard 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 McCluskey Roll Call Vote: 4 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR DIEHL: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. It shall be unlawful for any motor vehicle to park or stand in that area designated and marked as "no parking" area on both sides of All Angels Hill Road between the intersections of that road with NY Rte. 82 and Park Hill Road. Section 2. Violation of this local law shall be subject to a fine no greater than $25.00. Section 3. This local law shall become effective as prescribed by Municipal Home Rule Law Section 20. The following resolution was offered by SUPERVISOR Diehl who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 13th day of September 1982, a proposed local law prohibiting parking on All Angels Hill Road in the vicinity of Route 82, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 29th day of September, 1982 at 6:30 P.M. EDT on such day at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes The following proposed local law was introduced by SUPERVISOR DIEHL: A Local Law amending Local Law No. 1 of 1967, Local Law No. 5 of 1977, Local Law No. 2 and No. 6 of 1980. Be It Enacted by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: Section 1. Section 2(b) of Local Law No. 1 of 1967, Section 2 of Local Law No. 5 of 1977, Local Law No. 2 and No. 6 of 1980 are hereby amended to read as follows: (b) The income of the owner or the combined income of the owners of the property shall not and may not exceed the sum of Ten Thousand Five Hundred ($10,500.00) Dollars for the income tax year immediately preceding the date of making the application for exemption. The income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the preceding calendar year. Where title is vested in either the husband or the wife, their combined income may not exeeed such income. Such income shall include social security and retirement benefits, interest, dividends, net rental income, salary or earnings, and netincomefrom self-employment, but shall not include a return of capital gifts or inheritances. Rental income vC� and self-employment shall not be reduced by an allowance for depreciation. Section 2. This Local Law shall take effect immediately upon adoption and filing. The following resolution was offered by COUNCILMAN MCCLUSKEY who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 13th day of September 1982, a proposed local law providing for a partial tax exemption of real property owned by certain persons with limited income who are 65 years of age or over, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 29th day of September 1982 at 6:35 P.M. EDT on such day at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Supervisor Diehl Roll Call Vote: 4 Ayes 0 Nays The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Superintendent of Highways has been requested to remove snow from County roads, and to sand or otherwise treat them for the purpose of removing the danger of ice and snow, by the Commissioner of Public Works of Dutchess County, in accordance with Article 6, Section 135-a of the Highway Law, NOW THEREFORE, BE IT RESOLVED, that the Town Superintendent be and is herein authorized to perform such work as is found necessary, at the hourly rate as fixed by the State Commissioner of Transportation for the renting and hiring of such equipment, for the Winter season 1982-1983. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays An Agreement between the Pop Warner League and the Town of Wappinger was placed before the Board for their consideration. A motion was made by Mr. Versace and seconded by Mr. McCluskey authorizing the Supervisor to sign this agreement, however, before the Board voted on the Agreement, Mary Schmalz was recognized by the Chair and stated that she objected to this contract and pointed out that it was in violation of the Gift and Loan Provision of Article 8, Section 1 of the State-of New York. The contract stated that the League would provide for all youths between the ages of 11 and 13 and the weight of 90-130 lbs, however no provisions were made for those who did not meet these requirements. This activity was provided for those youth living in the School District, not just the Town of Wappinger, therefore, if approved, Town monies would be spent on services provided for the youth of the School District which involved many towns. The next item brought up was the provision for contracting the services of coaches---were they professional licensed coaches, and did the Board realize the liability that could be involved with injuries since football was a contact sport. It was further stated that the League would provide adequate facilities---they did not own the facilities, Mrs. Schmalz continued, the school provided their fields for the games. She added that the Pop Warner League was not, she emphasized, a non-profit organization; under the laws of the State the IRS rating #501C3 is for charitable organizations and the League had never applied for this classification. Before Mrs. Schmalz objected to the contract, she made note of the fact that she was an active member of this League for twenty years. Mr. Versace then asked to address the subject and asked Mrs. Schmalz if she objected to supporting the youth of the Town in their sport activities. He pointed out that this Town Board and previous Boards had, for many years, supported both baseball and football programs in the Town, and he could not understand why she was trying to prevent Town monies going to these organizations now. Mrs. Schmalz's contention was that her objection was not for the support of these organizations, since she as an individual did support them, but rather for the manner in which it was done. There were, she continued, other avenues available for these organizations to obtain funding. Mr. Versace suggested that she reveal this information at the next work shop session of the Town Board and the Recreation Commission be invited for their comments on the proposed Agreement. Mrs. Schmalz felt that the Commission had nothing to do with this matter, however, it was Mr.. Versace's intent to discuss programs provided for the youth of the community .with Mrs.`Schmalz, as a member of the Recreation Commission as well as the other members. He repeated his motion to approve the contract, however Mr. McCluskey withdrew his second due to the comments he had listened to and preferred to discuss it more thoroughly. Mr. Diehl recommended that action be tabled until the next meeting when more information would be available after further discussions had been conducted at their work shop session with the Recreation Commission. Mrs. Sandra Goldberg, Wappinger County Legislator informed the Board that Monday, September 27, 1982 was a Jewish Holiday and there might be Jewish residents who could not attend the meetings that had been set. MR. MCCLUSKEY moved that all meetings and public hearings that had been set for September 27th, 1982, be changed to September 29th, 1982 due to the Jewish Holiday on the 27th of September, 1982. Seconded by Mr. Versace Roll Call Vote: 3 Ayes Mrs. Mills ---Nay A letter was received from the New York State Department of Transportation advising the Board that a small additional easement would be required from the Town for the project on RD. Mr. Logan recommended acceptance of this offer from NYSDOT for the permanent easement from the Town. MR. MCCLUSKEY moved to approve the offer of $100.00 from the New York State Department of Transportation for an additional parcel of land owned by the Town of Wappinger situated off of Route 9D, approximate size of 0.034+ acres. Seconded.by Mr. Versace Motion Unanimously Carried MR. MCCLUSKEY moved to authorize the Supervisor to enter into an additional Agreement of Adjustment with the New York State Depart- ment of Transportation, #PIN 8327.06.210 for the value of all that property within the taking area amounting to $100.00, and further authorize the Supervisor to execute the necessary closing papers which shall be furnished at a future date by the State. Seconded by Mr. Versace Motion Unanimously Carried A Public Hearing having been held by the Town Board on the application of U. S. Cablevision for the renewal of the Cable Franchise with the Town of Wappinger, the matter was now placed before them for their consideration. Mr. Adams informed the Board that the revised contract had not been received from the company and he recommended tabling action on the contract. Mr. Diehl tabled action on the renewal of the Cable Franchise to the October meeting of the Town Board. A petition for a street lighting district in the Top 0' Hill area of the Town had been received by the Town Board at their November 10, 1980 meeting and forwarded to Central Hudson for their survey to determine the Benefit Assessment charge and yearly maintenance charge prior to setting a public hearing. These determinations were completed by Central Hudson and the establishment of the lighting district could be considered after a public hearing was held on the matter. To The Town Board of the Town of Wappinger in the County of Dutchess, in the State of New York This petition made pursuant to the provisions of Section 190, 191, and 193 of the Town Law of the State of New York, being Chapter 62 of the Consolidated Laws, alleges and respectfully shows: First: That each and every one of the undersigned petitioners is the owner of taxable real property within that portion of the Town of Wappinger, which is sought to be established as a lighting district, and which is more particularly described in paragraph "Fifth" of this petition. Second: That the undersigned petitioners own in the aggregate at least one-half of the assessed valuation of all the taxable real property and include resident owners owning in the aggregate at least one-half of the assessed valuation of all the taxable property owned by all resident owners within that portion of the Town of Wappinger, which it is sought to be established as a lighting district, and which is more particularly described in paragraph "Fifth" of this petition. Third: That your petitioners are desirous of establishing a lighting district within the Town of Wappinger, in the County of Dutchess, in the State of New York, pursuant to the provisions of Sections 190, 191, 193, 194 and 195 of the Town Law. Fourth: That upon the establishment of such lighting district within the Town of Wappinger, in the County of Dutchess, in the State of New York, your petitioners are desirous that such Town of Wappinger, make and enter into a contract for the lighting of the streets, avenues, highways and public places within the said district, with such person or corporation as the Town Board may deem proper and expedient for the lighting thereof, pursuant to the provisions of Sections 198 and 202 of the Town Law. a� Fifth: That the territory within the Town of Wappinger, in the County of Dutchess, State of New York, which is sought to be incorporated into and established as a lighting district, is described as follows: Starting at the intersection of Myers Corners Road and HiView Road and proceeding along the Northside of Myers Corners Road in a easterly direction a distance of 470 feet + thence in a northerly direction roughly S4°13'40"E a distance of 968+ thence in a northeasterly direction northerly N54°23'30"E a distance of 1480+ thence in a northwesterly direction roughly S22°04'50"E a distdance of 2010 feet + thence in a westerly direction roughly N70 42'30"E a distance of 2500 feet + thence in a southerly direction roughly S20°27'10" E a distance of 2521 feet + thence in an easterly direction N62°07'50" a distance of 334 feet + to Myers Corners Road thence in an easterly direction along the north side of Myers Corners Road to the point of beginning. All the properties, boundaries, property owners, landmarks and other means of demarcation hereinbefore mentioned and used in describing the Panoram Acres Lighting District are to be considered as those existing as of August 1, 1982. Sixth: That said territory mentioned and described in the foregoing paragraph of this petition is situated wholly outside of the corporate limits of any incorporated village or city in said Town. Seventh: That hereunto annexed and marked "Exhibit A" is a certificate of the Assessor of the Town of Wappinger duly certifying the names of all the taxpayers resident within and owning real property together with the assessed valuation of their property within that portion of the Town of Wappinger which is mentioned and described in paragraph "Fifth" of this petition, and which is sought to be incorporated as a lighting district. WHEREFORE, your petitioners pray that a Lighting District to be known as the "Panoram Acres Lighting District" and which shall embrace that portion of the Town of Wappinger which is described in paragraph "Fifth" of this petition, be established as a lighting district within the Town of Wappinger, in the County of Dutchess, in the State of New York pursuant to the provisions of Sections 190, 191, 193, 194 and 195, of the Town Law, and that the Town Board of the Town of Wappinger after establishing said Lighting District pursuant to law, make and enter into a contract for the lighting of the streets, avenues, highways and public places within the said district, upon such terms and for such period, not exceeding ten (10) years, as the Town Board shall deem expedient with such person or corporation as the Town Board may deem proper and expedient for the lighting thereof, pursuant to the provisions of Section 198 and 202 of the Town law. IN THE MATTER OF THE PETITION FOR THE ESTABLISHMENT AND ILLUMINATION OF THE PANORAM ACRES LIGHTING DISTRICT EMBRACING A PORTION OF THE TOWN OF WAPPINGER, IN THE COUNTY OF DUTCHESS, IN THE STATE OF NEW YORK The following resolution was offered by COUNCILMAN VERSACE who moved its adoption: WHEREAS, a written petition dated October 30, 1980 in due form and containing the required signatures has been presented to and filed with the Town Board of the Town of Wappinger, in the County of Dutchess, in the State of New York, for the establishment and illumination of the Panoram Acres Lighting District embracing a portion of said Town, and without the �-7 bounds of any corporate city or village, which said establishment of said District shall be bound and described as follows: Starting at the intersection of Myers Corners Road and HiView Road and proceeding along the Northside of Myers Corners Road in an easterly direction a distance of 470 feet + thence in a northerly direction roughly S4°1 '40"E a distance of 968 feet + thence in a northeasterly direction northerly N54°23'30"E a distance of 1480 feet + thence in a northwesterly direction roughly S22°04'50"E a distance of 2010 feet + thence in a westerly direction roughly N70°42'30"E a distance of 2500 feet + thence in a southerly direction roughly S20°27'10"E a distance of 2521 feet + thence in an easterly direction N62°07'50" a distance of 26 feet + thence in a southerly direction roughly S31°21'10"E a distance of 334 feet + to Myers Corners Road thence in an easterly direction along the north side of Myers Corners Road to the point of beginning. All the properties, boundaries, property owners, landmarks and other means of demarcation hereinbefore mentioned and used in describing the Panoram Acres Lighting District are to be considered as those existing as of August 1, 1982. WHEREAS, the improvements proposed will provide adequate street lighting, it is hereby ORDERED, that a meeting of the Town Board of the said Town of Wappinger shall be held at the Town Hall on October 13, 1982 at 7:45 o'clock in the afternoon of that day, to consider the said petition and to hear all persons interested in the subject thereof, concerning the same, and that a copy of such order, certified by the Town Clerk, be published once in the official paper, and a copy of such order certified by the Town Clerk shall also be posted on the signboard of the Town of Wappinger maintained as provided by law, such publication and posting to be not less than nor more than twenty days before the date designated for the hearing as aforesaid. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays Mr. Adams reported that he had no further information regarding Mocassin Hill Subdivision roads and easement problems. MR. VERSACE moved that the matter be referred back to the Attorney for his further review and recommendation Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Diehl had received a complaint from Vincent Poaech, Boxwood Close regarding a flooding problem in the Mocassin Hill area. He referred this matter to the Attorney for investigation along with the existing problems of that area. A letter was received from the American Heart Association requesting permission to use the Town streets on October 3, 1982, rain date, October 10, 1982, for their annual Bike-a-thon. MR. MCCLUSKEY moved that permission be given to the American Heart Association to conduct their annual Bike-a-thon through the Town of Wappinger streets and recommended that they contact the law enforcement agencies and the ambulance company informing them of this event and the designated routes. Seconded by Mr. Diehl Motion Unanimously Carried A copy of a letter addressed to Mr. Segal, developer of Carmel Heights Subdivision from his Attorney, Albert Roberts regarding Carmel Heights Subdivision Water and Sewer Service to Residents of Sherwood Heights,had been forwarded to the Town Board. The letter was in response to Mr. Segal's inquiry to his attorney relative to the feasibility of extending the services from the Carmel Heights Subdivision to the residents of Sherwood Heights and Mr. Roberts recommended against it. Mr. Versace had asked the status of this matter and expressed his concern on the blacktopping of the roads in the subdivision. If no water and sewer district would be formed, then Mr. Segal would have to proceed with the completion of the roads since the possibility of a district had postponed this work. The Board agreed that Mr. Segal should be contacted for his opinion on the formation of a district in conjunc- tion with Sherwood Heights. MR. MCCLUSKEY moved that a letter be directed to Mr. Segal asking that he respond to the Town Board relative to his opinion on the inclusion of Sherwood Heights in a water and sewer district with the Carmel Heights Subdivision. Seconded by Mr. Versace Motion Unanimously Carried MR. DIEHL moved that a copy of Mr. Roberts' letter be forwarded to the residents of Sherwood Heights, also informing them that if they still desire a meeting with the Town Board in the matter of water and sewer service the Board would be receptive to such a meeting. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Ed Hawksley, Chairman of the Conservation Advisory Council, was recognized by the Chair and reported that the Council had been working on a program to address the drainage problem in the Town and were now ready to conduct a study with the assistance of Cornell University students. He requested tentative approval from the Board in order to make the necessary arrangements with the professor from Cornell and before they sought final approval he would arrange a discussion with the Town Board, Attorney, the professor and the participating students. MR. MCCLUSKEY moved that tentative approval be given to the Conservation Advisory Council to make arrangements with Cornell University to conduct a drainage study for the Town of Wappinger Seconded by Mrs. Mills Motion Unanimously Carried At the August meeting Mr. Versace had stated that the Town Board should consider taking a positive step toward building a new Town Hall and felt that the first step they should take was to rescind a motion made several years ago setting a limit of $375,000.00 in the Capital Fund maintained for this purpose. The interest on this account, he continued, has been deposited in the GeneralFund and he felt it should be allowed to stay in the special account. MR. VERSACE moved that this matter be referred to the Attorney for his review and recommendation . Seconded by Mrs. Mills Motion Unanimously Carried MRS. MILLS moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The meeting closed at 10:31 P.M. Reg. Mtg. 9/13/82 Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING A PROPOSED LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES IN THE TOWN OF WAPPINGER 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 September 20, 1982„ your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Providing for the Repair or Removal of Unsafe Buildings and Collapsed Structures in the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. Sworn to before me this day of 1982. 01 o (4 S_4O',JOP,. Elaine H. Snowden Town Clerk Town of Wappinger a5 9 j Notary Public 'd'' , 11.10 HERNAN^E1, JR. »'..r Pompe 61 t ,v V..rk Stall nedAing ii l' 'sr £.unh Ta.T •,44t! 004,4 iiallh 30. F