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1982-04-12 RGM
AGENDA TOWN BOARD TCWN OF WAPPINGER APRIL 12, 1982 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES Reg. March 8, 1982 - Spec. Feb. 23 & March 30, 1982 4. REPORTS OF OFFICERS: Town Justices (feb.) Bldg/Zng Rec. Taxes Hydrant report Sup/Compt. thru Jan. 31st Bldg. Insp/Zng Adm. Annual report 1981 Judge Francese Annual Report 1981 Audit Report from CPA (Pelligrini & Sedore) Supervisors Annual Report 5. PETITIONS & COMMUNICATIONS a. Dave Alexander - Rezoning Request b. Mary Townsend request for traffic count on Fenmore Drive c. Mr. & Mrs. Niemcyk (referred by Planning 3d.) re: Business zoning problem and suggestion for permit or licensing as a. relief d. U.S. Cablevision letter indicating interest in Exercising Option to Renew Operating in Town of Wappinger e. Attorney to Town reports; Decisions on DWS Holdings, Inc. & WVC Realty Corp. Article 78 on Benefit Assessments f. Resident Complaint re: Dogs g. Hayward « Pakan & R.E. Lapar P.E., P.C. re: Participation in Tri -Municipal - also Statis Report from Leif Jensen, Ch. h. League of Women Voters request T/Bd support of "Bottle Bill" with suggested supportive resolution i. Burning Ban - Town of Wappinger j. R.E.;Lapar re: Pizzagalli construction on Myers Corners Rd. Water Use k. Hawking & Peddling Lic. applications - D.J.'s Rolling Deli, Pappy's Food Service & Joan Makely 1. Michael Busi request Landfull Special Use Permit m. Supervisor Diehl request authorization for Compt. to Bid for Town Patrol Car. n. Jas. Klein, Letter of Credit - Briar Lane (Off All Angels) 6. REPORTS OF COMMITTEES 7. RESOLUTIONS a. PK.-Dutchess Co. Transportation Committee - Memorandum of understanding -Metropolitan Planning Organization b. Building Permit Fee Schedule Amendment c. Correction of Zoning Map Classification - deletion of "LB" d. N.Y. Conference United Church of Christ rezoning (Dr. Heaney) e. Civil Service - Approval for Temporary Leave of Absences -Highway f, H. Cuatt, Compt., request for Transer (Fed. Rev. Sharing Accnt.) g. Approve renewal contract of Sloper-Willen & Authorize Supervisor to sign. h. Proposed Local Law - Stop and Yield Signs i. Accept Grace Flitt Deed (ROW Highway) j. Wm. Crane, Attny, Tax Certioraris - Imperial Gardens Co. Res. to execute consent. Judgements. k. Agreement between Town and Little League for sports program 1. Carmel Heights 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT A Public Hearing was held by the Town Board of the Town of Wappinger on April 12, 1982, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Amendment to the Ordinance for Administering and Enforcing the State Building Construction Code. Supervisor Diehl opened the Hearing at 7:45 P.M. Present: Louis Diehl, Supervisor Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Nicholas Johnson, Councilman The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the minutes of this Hearing). Mr. Diehl asked for comments from the Board and then asked the public if they had anything to say. No one spoke for or against the Amendment. MR. MCCLUSKEY moved to close the Public Hearing, seconded by Mrs. Mills and carried. The Hearing closed at 7:49 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF � LL OF POSTING AMENDIBdG AN ORDINANCE FOR ADMINISTERING AND ENFORCING THE STATE BUILDING CONSTRUCTION CODE 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 a6.ting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 22, 1982, your deponent posted a copy of the attached notice of Public Hearing on Amending an Ordinance for Administering and Enforcing the State Building:_Construction Code, 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. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this LZ 7•H day of spit ' 4. 1982. -A(' 77Yotary Public f,SEPH R. PALEST' O 1Tot <ry tate of Nev. York No. 45,^2.076 DISPLAY ADVERTISING end So NEVTS • CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET • WAPPINGERS FALLS PLEASE TAKE NOTICE that the Towrr Board of the Town-of-WsppingerwNl conduct a Public Hearing on April 12, 1981 at 7:45 EST at the -Town Hall, MITI - Street, . Wappingers Falls, New York amending an Ordinance for Ad- ministering and Enforcing the Stale Building Construction Code so as to revise the Fee Scheduleatfollew,: Section 1. Building Permit Fee: 54.00 per 51,000 of estimated cost, subject to • Building Inspector review (510.00 minimum fee). Demolition Permit Fes: 52.00 per 51,000 of estimated cost, subject to Building Inspector review_ (510.00 minimumfee). Certificate of Occupancy -Fee: (where no new building permit Is required), Temporary Certificate of Occupancylj Fee: $15.00 II Certified Caplarof SulNing Permits 1 and SII* Plans: Cost of reproduction plus 55.00 handling fee each. Copies of Department Records: 5:25 per page (up to legalsite papa). Section I1. Thls amendment- shell - become effective—upon—adoption, posting and pubticatlon, as prescribed by Town Law. ELAINE H. SNOWDEN Town Clerk Dated: March 19,1982 Date of Publication: March 24, 1982 --•., AFFIDAVIT OF PUBLICATION; Seta of New York. •County of Dutchess. Town of Wapptnger. • Beatrice Osten or the Town of Wappinger. Dutcbess County. New Yak. being duly swan, says that he h. and it the several... times hereinafter was, t e.CO: rdixtatieP htiishepf W. 14,S.D. NEWS. a newspaper printed and pub111bcd every Thursday in the year in the Town of Wappinger. •Dutcbess County. New York. and that the aancxed NOTICE was duly published In the said new:papa: for e...P 2?..week successively...onoe..in each week. commencing on the..2 +.th... day of..1 arCb 1982, and on the following dates thereafter. namely on and ending on the. 24th....day of. ieh• 39.8 both days inclusive. Subscribed and sworn to before me this.... 24th. day or....1 nom Votary Public My Commission expires ALB%r,T :,!. OSTZN NOTASY F63i;C, 31,;': [; ;::a 'KICK Qt:ALJIE3 I;: vu11.11 4ljUelt #14•82407G) COMMISSION EXPIRES MARA 30.19.b" A Public Hearing was held by the Town Board of the Town of Wappinger on April 12, 1982 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on 'an Ordinance Amending the Zoning Map of the Town of Wappinger which would change the designation of LB (Local Business) to NB (Neighborhood Business. Supervisor Diehl opened the Hearing at 8:39 P.M. Present: Louis Diehl, Supervisor Gerard McCluskey, Councilman Bernice Mills, Councilman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Nicholas Johnson, Councilman The Town Clerk offered forthe record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the minutes of this Hearing). The following recommendation was read from the Dutchess County Dept. of Planning: To: Town Board Referral: 82-69, Town of Wappinger Re: "LB" (Local Business) Zoning Districts The Dutchess County Department of Planning has reviewed subject referral within the framework of General Municipal Law (Article 12B, Sections 239-1 and 239-m) and finds the decision in this matter primarily involves matters of local concern. The Dutchess County Department of Planning, therefore, recommends the decision be based upon local study of the facts in the case. The Dutchess County Department of Planning does not presume to base its decision on the legalities or illegalities of the facts or procedures enumberated in subject zoning action Dated: April 7, 1982 By: Richard Birch, Senior Planner The Town of Wappinger Planning Board recommended that the zoning be changed from "LB" to "NB". Mr. Diehl then explained the resolution which stated that the designation "LB" had been designated in error and should have Been "NB" and by taking this action it would be corrected. He then asked if anyone wished to speak on the Amendment. No one spoke either for or against. MR. MCCLUSKEY moved to close the Public Hearing, seconded by Mrs. Mills and carried. The Hearing closed at 8:43 P.M. OIJA,L12A.\ Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER ( LB TO NB) STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 22, 1982, your deponent posted a copy of the attached notice of Public Hearing on an Ordinanc9 Amending the Zoning Map of the Town of Wappinger ( LB to NB), 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, cutis_ Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this /a7,11 day of /9/7/2_/. 1982. ,A? JNotary Public --.3SEPH It PALEgrIZO Notr:ry Public, State of New York No. 45?j076_., K 17 in ".:".•'` ,-.1County My Ephe., Iach 3f.), 19_t VIS. and S. Do 4 ' E �pS• DISPLAY ADVERTISING . CLASSIFIED ADVERTISING 9.14-297-3723 84EAST MAIN STREET . WAPPINGERS FALLS PLEASE TAKE NOTICE"thatthe Town Board of the Town of Wappinger-will- conduct a Public Hearing at the Town Hall, Mill Street, Wappingers Fella, 1 New York on April 12, 1962 at 7:56 P.M. EST on an Ordinance Amending the Zoning Map of the Town of WapRIpg.r r (LB, Local Business- to -NB, Neig borhoodd Business, follows: i► WHEREAS, the Town. Boardof ills_ I Town of Wappinger adopted a Zoning Ordinance and Zoning Map on Mach 10, 1981:k which Ordloanceand Map has been amended from time to time and, WHEREAS a cert•In -dlstrieH ap- pearing on such Zoning Map as "LB" (Local Business) was mistakenly designated as such with no provision being made in the Zoning Ordinance tor "LB' zoning, and WHEREAS, it was the Intent of the Town Board-tto-ddee.e{Iqgnalsauch"aros.aa-- "NB" (Neighborhood Buslness)and WHEREAS, the TownBoard-wishes_ to correct such mistake, NOW upen motion of ..ce.c by IT ORDAINED by the Town Board of the Town of Wappingers* foliewic Section 1. All those districts ap- pearing ppearing on the Zoning Map dated March 10, 1980, es amended from time to time, as "L8" shall hereinafter be designated es "NB".:1Ne$ghborhocd Business) zones on such map. Section II. This amendment shall become effective upon adoption, posting and publication, as prescribed by Town Law. Elaine H. Snowden __ Town Clerk Dated: March 19,1982 Date of Publication: March 24, 1482 71, AFFIDAVIT OF PUBLICATION -, State of New York. 'County of Dutcheu. Tow of Wappinger. Beatrice Osten of the Town of Wappinger. Dutchess County, New York. being duly sworn. says that he Is. And it the several... rimes hereinafter was. the..Cor,Editaor•Publish' W. &,S.D. NEWS. a newspaprl printed and published every Thursday in the year In the Town of 1•Wsppinger. •Dutcbess County. New York. and that the annexed NOTICE was duly published in the said newspaper for •..PR@...week succcss}vely..ot...in each week. commencing on the 24th day of.... a$ 1 19..t�and on the following darts thereafter. namely on and ending on the....2I h.day of Marie IO.$? both days inclusive. Subscribed and sworn to beforo me this zhtti.. day of MBank 19..82 Notary Public My commission expires ALBERT M. CSTUra NOTARY PUBLIC, STA'E CF NEW YORK QUALIFIED IN ;,.;;r,.,=cS I:outr1Y 014.8240760 �y COMMISSION EXf IPES MANC$ 30, 104). A Public Hearing was held by the Town Board of the Town of Wappinger on April 12, 1982, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Ordinance Amending the Zoning Map of the Town of Wappinger. Supervisor Diehl opened the Hearing at 7:50 P.M. Present: Louis Diehl, Supervisor Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Nicholas Johnson, Councilman The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the minutes of this Hearing). The following recommendations were received from the Town Planning Board and the Dutchess County Department of Planning: March 18th, 1982 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, NY 12590 Re: Referral on Rezoning Request for property of the New York Conference United Church of Christ - Myers Corners Road & All Angels Hill Road (Dr. Walter W. D. Heaney). Dear Board Members: At the March lath, 1982 meeting of the Planning Board, a motion was made by Mr. Mills, seconded by Mr. Rubenstein, to recommend that the property be rezoned. Further the Board wishes to advise that they do have concerns about the number of uses which the property could ultimately be used and would like to suggest that these be reviewed to place restrictions (i.e.: limiting the uses and/or requiring Special Use Permits) to tighten the O.R. zones. Vote: Mr. Fanuele - nay, Mr. Lawrence - aye, Mr. May - aye, Mr. Rubenstein - aye, Mr. Keller - aye, Mr. Mills - aye Mr. Parsons - aye. The motion was carried. Respectfully yours, s/ Betty -Ann !uss, Secr. To: Town Board Referral: 82-56 Town of Wappinger Re: NY Conference United Church of Christ Rezoning Application In accordance with the provisions of General Municipal Law (Article 12B, Sections 239-1 and 239-m), the Dutchess County Department of Planning has reviewed subject referral with regard to pertinent intercommunity and county -wide consid- erations. Upon field investigation and analysis, this Department makes the following findings: Subject property is located at the southeast corner of the intersection of Myers Corners Road and All Angels Hill Road. The five -acre site is within a R-20 Residential Zoning District; the applicant requests a rezoning to an Office Research (OR -1A) Zoning District. The Town Development Plan recommends this area be used for residential development at a medium density. In general, the area is characterized as primarily a single-family residential neighborhood. There are areas zoned for Planned Industry uses in the western part of Town and there is a Neighborhood Business Commercial Zoning District east of the subject property. Recommendation An apparently uncoordinated, unplanned, and unrelated mixture of land uses is occurring ih the general area of the subject site. The Dutchess County Department of Planning recommends that, prior to a Town Board decision of this zoning amendment, studies be carried out to determine the impact of this proposed use on roads, water resources, sewer service capaci- ties, and the relationship of this proposal to existing and potential development in the area. After Completion of such analyses, the decision in this matter should be based upon local study of the facts. It is also recommended that studies be conducted of the entire area so that future rezoning applicatcions can be evaluated in terms of their impact on this area and the Town as a whole. In the absence of new planning analyses and recommendations, the existing Town Development Plan represents the standard for evaluating proposed land uses. The Dutchess County Department of Planning does not presume to base its decisions on the legalities or illigalities of the facts or procedures enumerated in subject zoning action. Dated: April 7, 1982 Kenneth R. Toole, Commissioner Dutchess County Dept. of Planning By s/ Richard Birch Senior Planner Supervisor Diehl asked for comments from the public. Mary Townsend, Fenmore Drive, asked why rezone the property if the intent is for a doctor's office since she read that it did not have to be rezoned for this purpose. She was against the rezoning. Herb Elman, Ardmore Drive, concerned over the amount of control the Town would have if the property was rezoned. The intent might be for a doctor's office now, but it could change; if it wasn't rezoned, it could be used for this type of office but nothing else unless the Town approved it. Susan Elman also felt it should not be rezoned at this time since it could be used by the applicant for this type of office without rezoning. At a future date perhaps the Town would be requested to rezone for other uses and they could consider it then, but why now when it is not needed. Kenneth Brown--what do they mean by office research--why change if the property can be used by the applicant without rezoning. He was against the amendment. Sandra Goldberg--a Special Use Permit can be used, why rezone the property. The Town should come up with a plan for their intent of that property so that the residents will not have to come out and object to rezonings. The following people spoke against the rezoning and based their objection on the same reason. The property did not have to be rezoned for a doctor's office, it could be used for that purpose without rezoning----Bob Silvestri, Linda Margarone, Mike Hirkala, Richard Cohen, Linda Carmen and Jonah Sherman objected to spot zoning. Dr. Heaney said he would like to answer some of the people and said there was only one reason that he wanted the property rezoned. He planned to spend between $200,000 and $300,000 on this property and would need a mortgage--the only possible way to procure this money from a lending institution was to have property worth the money to warrant this mortgage. Mrs. Goldberg asked if there was some way to limit the use of the property and contract zoning was then discussed. Mr. Adams explained the mechanics of this type of zoning. Mike Hirkala brought up the Master Plan--why not stick to that and they wouldn't have to worry about rezoning properties. Mr. Vincent Brancato was in favor of the rezoning. They were talking about medical offices and maybe an insurance company which certainly wouldn't affect the traffic on that corner. He agreed with Dr. Heaney that it would be a lot easier to procure a mortgage if the land was rezoned for office research. The Town has the upper hand on the use of this land and it certainly would not be detrimental to the residents. He felt this OR rezoning would be the best use for the property. Dawn Fitzpatrick, Four Fields, felt this application was repetitious --they always seem to have to attend public hearings on rezoning requests in that area. Please, no more rezoning. There were other comments from the same people along the same vein and some felt that Dr. Heaney's problem in getting a mortgage was not the concern of the Town Board. It was still the same piece of land whether it was zoned residential or OR. All present with the exception of Mr. Brancato were against the rezoning. Mrs. Mills moved to close the Public Hearing, seconded by Mr. McCluskey and unanimously carried. The Hearing closed at 8:42 P.M. latuauflAJa-%, Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) COUNTY OF DUTCHESS ) says: ss: ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of theTown of Wappinger, County of Dutchess and State of New York. That on March 22, 1982, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending the Zoning Map of 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. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before, me this /2.-7-4/ day of /IPA- /I- 1982. otary Public :;OSEPH R. PALESTRO Notary Public, State of New York No. 4522076 'Iz.'s°9linn ��`i ti in County My Cozw::ission Expires March 30,192R- N E DISPLAY ADVERTISING . CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS PLEASE TAKE NOTICE that the Town Board of the Town of Wapplrger *111 conduct a Public Hearing at the Town Hall, Mill Street, Wappingers Palls, New York on April 12, 1981 at 7:50 P.M. EST, on an Ordinance Amending the Zoning Map of the Town of WappmW► as follows: The following Ordinance was in• traduced Supervlaos. Diehl wrKI., mored its tion: BE IT RE LVED and oldsined by the Town Board of the Town of Wap- pinger, Dutchess County, New York, n pursuance to the authority conferred by the laws of the Stals of New York, as t follows: SECTION 1. The Town of Wappinger_ Zoning Map adopted March 10,1980, as- : amended from time to time, is hereby further amended by rezoning the ti following described parcel of land from R-20 (Residential Zone) to OR -1A (Office Research -1 Acre), said tract of land being on the South East Comer of Myers Comers Road and All Angels HIIl Road, and more particularly described as follows: Tax Mao No. 19425802-828535 - New • York Conference United Church of Christ. Deed. Recorded at Uber 12213, Pigr 20, Bounded on the East by A & J, Parsons, Inc.; South by Lorenzo Acker, West by All Angels Hill Rd.; North by Myers Corners Hg Mt. Hops ©range,.' and Harry & Lois Acker. SECTION 11. This amendment shall become effective upon adoption, posting and publication, as prescribed. by Town Law. Elaine H. Snowden Town Clerk I Dated: March 19,1982 Date of Publication: March 24,1982 AFFIDAVIT OF PUBLICATION Sate of New York. County of Dutchcss. Town of Wappinger. • Beatr▪ ice Osten of the TWa of Wappinger. Dutehess County. New Yak, being duly swim, says that he U. and it tyc several... times he. etnafter was, the. PQ :•1' tar' 01.i'"teof W. & .S.D. HEWS, a r•.cwspapez printed and published every Thursday in the yeas In the Town of Wap=•Inger. •Dutchess County, New York. and that the sancxcd NOT.10E was duly published In the said r.ewspaper for one „week successively....0 .tn each week. commencing on the... 24th..dsy 192 and on the following da:c; thereafter. namely on' e and ending on the... ?.'t1 ..day Varcb. cc 18.4tet► days inclusive. Subscribed and sawn to teforo m_ day of L+`areir 19.ee My commission expires Notary Public ALBERT M. OSTEN NOTARY PUBLIC. STATE OF NEW YORK QUALIFIED 1`l UUTCMESS COUXTY s14-824OTh COMMISSION EXPIRES MACH 30. i9.9 f The Regular Meeting of the Town Board of the Town of Wappinger was held on April 12, 1982 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:55 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 Kenneth Croshier, Acting Superintendent of Highways The Minutes of the Regular Meeting of March 8, 1982, and Special Meetings of February 23 and March 30, 1982, having previously been sent to all Board Members, were now placed before them for their consideration. MR. MCCLUSKEY moved that the Minutes of March 8, Regular Meeting, February 23 and March 30, 1982 Special Meetings be and they are hereby approved as submitted by the Town Clerk. Seconded by Mrs. Mills Motion Unanimously Carried Reports were received from Town Justices for February and March, Building Inspector/Zoning Administrator for March, Receiver of Taxes for February, Hydrant Report, for March, the Supervisor/ Comptroller Report through January 31, 1982, Building Inspector/ Zoning Administrator Annual Report for 1981, Judge Francese's Annual Report 1981, the Audit Report from Pelligrini and Sedore, CPA, and the Supervisor's Annual Report. MRS. MILLS moved to accept the reports and place them on file. Seconded by Mr. McCluskey Motion Unanimously Carried A request was received from Dave Alexander to rezone 2 acres of his property on St. Nicholas Road and New Hackensack Road from residential to AI (Airport Industry) to conform with the remain- ing acreage already zoned for that category. MRS. MILLS moved that this be referred to the next work shop session of the Town Board and the principals be invited to attend for discussion with the Board. Seconded by Mr. McCluskey Motion Unanimously Carried A request for a traffic count on Fenmore Drive now and again after the IBM building is in full operation was received from Mrs. Mary Townsend, 14 Fenmore Drive, Town of Wappinger. Mr. Diehl noted that he had sent a letter to Mr. James Spratt, Dutchess County Commissioner of Public Works, but had not as yet received a reply. He requested that this letter be placed on the next agenda as by that time he probably would receive a reply and the Board could discuss the matter. A letter had been forwarded from the Planning Board which had been addressed to them by Mr. & Mrs. Edwin Niemcyk concerning the problem they were having running a repair shop for cars on their residential property off of Route 9D and Old State Road in the town and his suggestion for their relief. MR. MCCLUSKEY moved that this matter be referred to the next work session on April 26, 1982 and the Niemcyks' be invited to attend for discussion with the Town Board. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Versace interjected that he .wanted to remind the Town Board that there was an application from the Niemcyks' in front of the Zoning Board of Appeals and this Board rejected the application; they were told to resubmit this application with improvements, but did not appear the second time. Mr. Howard Erichsen, General Manager of U. S. Cablevision wrote to the Town Board informing them that they wished to exercise their option to renew their operating rights under the Franchise Ordinance fat a -period of five years commencing June 21, 1982 and ending June 21, 1987. MR. MCCLUSKEY moved that this correspondence be referred to the CATV Committee and the Attorney to the Town for review and recommendation. Seconded by Mr. Versace Motion Unanimously Carried Two communications were received from the Attorney to the Town regarding the disposition of Articly 78's brought against the Town on benefit assessments of the Wappinger Sewer Improvement Area #1 by WVC Realty Corp. and DWS NY Holdings, Inc. The decisions on both actions were favorable to the Town. MRS. MILLS moved to accept the communications from the Attorney and place them on file. Seconded by Mr. McCluskey Motion Unanimously Carried A complaint was received from a Town resident on a dog problem which seemed to be a long standing one and a resolution had not yet been determined. MR. MCCLUSKEY moved that the matter be referred to the Health and Safety Committee for review. Seconded by Mr. Versace Motion Unanimously Carried Mr. Versace mentioned that a meeting on Dog Control had been called by Supervisor Diehl for the next Wednesday at 3:15 P.M., and due to another meeting at 5 P.M. that same day, Mr. Versace asked Mr. Diehl if he could move the first meeting to a later time which would save him coming back and forth. Mr. Diehl changed the time to 4:15 P.M. which was agreeable to all concerned. A communication from Wilfred Rohde, P.E. of Hayward & Pakan Associates and Rudolph E. Lapar, P.E., Engineers for the Tri - Municipal Project was addressed to the Town Board stating that the Town would not participate in any of the proposed planning for this project_and would be precluded from the 20 year planning period. They requested that the Town notify them by mail if the statement was incorrect. MR. MCCLUSKEY moved that this communication be received and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried The League of Women Voters in Dutchess County wrote to the Board urging them to pass a resolution, sample of which was enclosed, supporting the Bottle Bill. The following resolution was introduced by COUNCILMAN MCCLUSKEY who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, on this occasion advises the New York State Legislature of its support for the proposed legislation popularly known as the Bottle Bill. Such legislation has been introduced by Senator Lack, R -Suffolk, and 20 other Senators and by Assembly - member Koppell, D -Bronx, and 68 other Assemblymembers and is known as S2831/A9777. We hereby advise the Legislature and the Governor of our support for such legislation. The Board further determines that such legislation will assist municipalities of the State of New York in maintaining cleaner public areas and will further be consistent with environ- mental efforts to conserve valuable natural resources. We do further urge that our state legislators do sponsor and/or support such legialtion in the current session. Seconded by: Councilman Versace Roll Call Vote: Supervisor Diehl Councilman Johnson Councilman McCluskey Councilwoman Mills Councilman Versace Resolution Duly Adopted Abstained Absent Aye Aye Aye Before the resolution was acted on, Board and the public on the bill. Mr. McCluskey mentioned that at the there was discussion from the recent Meeting held in February, a vote was taken Association of Towns' at a meeting for the Councilpersons on the Town Boards, at which approximately 400 people were present, and the outcome was almost unanimous in support of the Bottle Bill. Mr. Versace felt it would be a step in the right direction and would eliminate some of the litter problem along our roads. Mr. Hirkala pointed out that this bill never got out of committee of the County Legislature, but he did support it and personally saw it working in Oregon on a recent business trip. Mary Schmalz was a staunch advocator of this bill and was in the midst of promoting it throughout the County and knew what progress it was making in the other states. She found that those who have approved it found that it did not raise theprices of the bottled items. She pointed out that there were two bills, one was known as the Litter Bill, which would cost millions to implement and the other was the Bottle Bill which was returnable bottles and this bill, she continued, would save money in repair bills to vehicles and clean up; she also emphasized the safety factor. Bob Silvestri spoke in favor of the bill and saw it work ---people do bring the bottles back. Mr. Hawksley brought out the point that those not in support of this bill bring out the fact of loss of jobs, yet there are bottlers in this state now who are bottling for the states of Massachusetts, Connecticut and Vermont who have all approved the Bottle Bill. A copy of a letter from the New York State Department of Environ- mental Conservation to Mr. and Mrs. Carl Jensen regarding a burning ban in the Town of Wappinger was received by the Town Board. Accord- ing to the rules and regulations of that department, towns with a population greater than 20,000 are not permitted to burn unless a metal container or metal cage was used; the 1980 census showed that the Town of Wappinger population exceeded this number. Mr. Diehl wrote a memo to the Board regarding this ban to alert them to the fact that in the near future they would have to consider alternate solutions to dispose of items usually burned by the home- owner such as providing bags free of charge to the residents for tire leaves etc. for highway pickup, or provide bags and have the resi- dents transport their own debris. Either way it would cost the Town money and Mr. Diehl felt the law was unrealistic and not in the best interest of the Town since we are not over populated or congested. The memo was intended for information to the Board Members and consideration by them of future action that might be taken to solve the problem which the burning ban would create. The following letter was received: March 30, 1982 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Pizzagalli Construction Company IBM - Myers Corners Road Wa br Use Dear Board Members: Enclosed herewith please find a request for additional quantity of water from Central Wappinger Water Improvement for the above captioned facility. This letter has perhaps been misdirected to my office and should have bone to theDutchess County Health Dept. Some action by the Town Board on the Permit issued under WSA 7005, as explained in Mr. Adams' letter of February 16, 1982 and letter of R. E. Lapar, dated February 3, 1982, needs to be taken or rejection of this request may be inevitable. Your advice is solicited. Very truly yours s/ Rudolph E. Lapar, P.E. This communication prompted a discussion between Mr. Versace, Mx. Lapar and Mr. Adams on their interpretation of the Permit issued the Central Wappinger Water Improvement Area under WSA 7005 concerning the necessity of certain improvements being made before the district could serve the IBM facility. Mr. Versace maintained that at the time the application was made for the water district it was clearly defined that the district could supply the necessary quantity of wa ler for those within the district without additional improvements; the existing facilities could handle it. MR. VERSACE moved that the Attorney direct the correspondence to the proper agencies informing them that the Town Board feels that there is a sufficient amount of water within the Central Wappinger Improvement Area without any additional improvements. Seconded by Mr. McCluskey Motion Unanimously Carried Three applications for Peddler's Licenses were still pending due to the possibility of an amendment to the Peddlers Ordinance to increase the rates on these licenses. Mr. Diehl questioned the Attorney whether the Board could withhold action on these applica- tions until a decision was made on the new rates and Mr. Adams replied that it was up to the Board to do this, if they so desired. MR. DIEHL moved that the Board withhold the issuance of these licenses until a Public Hearing is held to amend the Peddlers Ordinance to increase the rates on the licenses. Seconded by Mr. McCluskey Motion Unanimously Carried The following Amendment to the Peddler's Ordinance was introduced by COUNCILWOMAN MILLS : Section One: Section I is hereby amended by increasing each license fee established therein to $150.00 per year. Section Two: This Ordinance shall take effect upon adoption, posting and publication. MRS. MILLS moved that a Public Hearing be set on an Ordinance Amending the Peddlers Ordinance on April 26, 1982, 1982, at 6:55 P%.M. EDT, Town Hall, Mill Street, Village of Wappingers Falls, New York, at which time all interested persons will be heard. Seconded by Mr. McCluskey Motion Unanimously Carried A request for a Special Use Permit for soil mining was received from Michael Busi for his property on Myers Corners Road. It had previously been referred to the Zoning Administrator and he responded that he saw no problem with granting the permit. Mr. McCluskey moved that the Special Use Permit be granted, however Mr. Versace asked the Attorney whether there was anything else the Board should do on this permit and he responded that the applicant should submit a negative declaration under the SEQRA Law. Mr. McCluskey then withdrew his motion. The Attorney further explained that there was a form for the applicant to fill out for this negative declaration which should be presented to the Board before any approval was given. Mr. Hawksley then pointed out that the Conservation Advisory Council should review the declaration and requested that it be referred to them for their review and recommendation. The Town Clerk was requested to contact the Busi's and inform them of this action and also to forward the form to Mr. Hawksley, Chairman of the Conservation Advisory Council when it was received. A request was received from Supervisor Diehl for authorization from the Board for the Comptroller to go to bid on a Town Patrol Car. Mr. Diehl explained that the car had over 100,000 miles on it and was in the garage on a weekly basis, sometimes semi-weekly. The present one, he pointed out, could be used for a backup patrol and a possible reserve car for the Town. He also asked them to consider housing for the new car as he felt outdoor storage causes additional problems. MRS. MILLS moved that the Comptroller be authorized to advertise for bids for a new Town Patrol Car and further moved that the car be garaged at the Highway Department and the Recreation Commission be requested to store their equipment that is presently stored at the Highwey Department in the storage areas on the Schlathaus property. Seconded by Mr. McCluskey Motion Unanimously Carried This action prompted a discussion on the activities and extent of authorization of the Vandalism Patrol. A Letter of Credit was received from The National Bank of Pawling for Klein & Alexander --Briar Lane Road Completion, and the Attorney to the Town had no objection to the Board accepting the document. MR. MCCLUSKEY moved that the Town Board accept the Letter of Credit submitted for Klein & Alexander --Briar Lane Road Completion by The National Bank of Pawling. Seconded by Mrs. Mills Motion Unanimously Carried 1 Mrs. Mills then brought up a letter from the Board of Elections regarding polling places and their accessibility to the handicapped voters, which she thought the Board should take action on. Most of the schools we used for polling places had stairs which make it almost impossible for the handicapped to manipulate. MR. DIEHL moved that this matter be referred to Elections Committee for review and further moved that the Committee contact the schools for their participation in this project and financial consideration for its implementation. Seconded by Mr. McCluskey Motion Unanimously Carried Under Committee Reports, Mrs. Mills started off with garbage and spoke of another program they would commence the first Saturday of May and continue for the five Saturdays of May. The disposal site for household garbage would be at the Highway Department from 8 A.M. through 11 A.M. on these Saturdays and the price was set at $1.00 per bag, 30-35 gallon size, known as a leaf bag. The project would be an experimental one and if successful it would be a permanent activity for the Town residents. A man would be at the gate to collect the fee for these trial days, but if the project got off the ground and became permanent, tickets would then be sold at the Town Clerk's office and residents could purchase them during the week. This program, Mrs. Mills pointed out, would be beneficial only to those small families who did not accumulate much garbage, one bag, two at the most, otherwise they would be paying more than they pay the carter. She hoped it would receive a favorable response from the residents and urged who would be benefited by it to take advantage of it, however, if enough residents did not parti- cipate, it would have to be discontinued due to the fact that the Town had to pay the carter and hoped to break even with the fees collected at the site. Mrs. Mills then reported on a letter received by the Town Board reporting a leak in Central Wappinger Water in the La]D Oniad area of 200,000 gallons of water which were unaccounted for, Camo found a leak which accounted for 100,000 gallons and repaired it. MRS. MILLS moved that a letter be directed to Camo Pollution Control to continue with this program, keep looking for water leaks and sewer infiltration. Seconded by Mr. McCluskey Motion Unanimously Carried The next item Mrs. Mills discussed was reading of water meters and a problem of the residents not returning the cards left at their homes for them to read the water and send to the Water and Sewer Billing Clerk; cards and correspondence are being ignored. Her question to the Attorney was, could they give these residents six months to return the cards or answer the correspondence, if no response, double the rate, 'wait another six months, send a registered letter informing them if they do provide access to the meter for the reader or submit their own reading, the Town will then shut the water off. Mr. Adams replied that it could be put into effect by amending the local law; Mrs. Mills then asked the Attorney to prepare the necessary law to implement this policy. Mr. Versace interjected that he had requested the Comptroller to prepare a breakdown on how many residents have not returned these cards and how many times this has occurred by the same resident and was waiting for that report. He concurred with Mrs. Mill's action. Mr. McCluskey, Health and Safety Committee spoke of the Town's efforts to solve the problem of the "toxic wastes" at the Mancini property, however it seemed that the DEC and EPA were hampering tiese efforts. Mr. Diehl had received information from Charlotte Pecora, Vice President of the Mancini Trucking Co. that 20 drums were to be moved to a firm in Rhode Island who were accepting them until the EPA came into the picture and would not let the materials cross the state line so this move proved to be fruitless; the problem is still there and it is a potentially dangerous one with the drinking water and the water continues to flow down to the Hudson River. He wanted the public to know they were not getting anywhere with the situation and they felt frustrated and anger over it. 1l Mr. Diehl added that they had meetings on top of meetings and his last letter went out to Governor Carey, Hamilton Fish, Senator Rolison, Assemblymen Glenn Warren and Stephen Saland, have been through the courts and have received nothing but double talk. Money is what is needed and he had asked for it over and over; perhaps, Mrs. Mills suggested, letters should go to t1 se officials from the Town Board as well as the Supervisor. MR. MCCLUSKEY moved that the Town Board go on record as supporting Mr. Diehl's recent letter to the Governor and State Officials on the problem at the Mancini Property and memorialize all concerned parties. Seconded by Mrs. Mills Motion Unanimously Carried Mrs. Mills asked the County Legislators who were present if they were doing anything on the situation and Mrs. Goldberg replied that Mr. Poillucci had sent letters on their behalf; Mr. McMillen suggested that they have a copy of Mr. Diehl's letter, submit it to the Dutchess County Legislature and memorialize the DEC and EPA. Mr. Diehl requested that copies be forwarded to Mrs. Goldberg, Mr. McMillen and Mr. White; he had already sent a copy to Mr. Poillucci. Mr. Versace had nothing more to add to the reports already given, but mentioned a letter addressed to the Town Board from Rudolph E. Lapar offering a gift of a 70' x 70' cover for Oakwood Sewer Treatment plant Biological Discs and stated that the replacement cost of this item (material only) is estimated at $2,000.00, and he wished to take action on this matter. MR. VERSACE moved that the Town Board accept Mr. Lapar's gift of a cover for the Biological Discs for the Oakwood Sewer Treat- ment Plant. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Versace thanked Mr. Lapar for the gift. A Memorandum of Understanding from the Poughkeepsie-Dutchess County Transportation Policy Committee was sent to the Town Board for the purpose of appointing Supervisor Diehl to represent the Town of Wappinger. Mr. Diehl explained that this Committee included the County of Dutchess, the City of Poughkeepsie, the City of Beacon, Town of Poughkeepsie, Town of Wappinger, Town of Fishkill, the New York State Department of Transportation, the Metropolitan Transportation Authority, the Villages of Fishkill and Wappingers Falls and the Towns of Pleasant Valley, Hyde Park, East Fishkill and LaGrange; Mrs. Lucille Pattison, Dutchess County Executive chaired the Committee. The represen- tatives included the County Executive, the Mayor of the City of Poughkeepsie and Beacon, Supervisors of Town of Poughkeepsie, Wappinger and Fishkill, one from the New York State Department of Transportation and the Mayors and Supervisors of the other Towns and Villages in Dutchess County. The Committee will concern itself with projects such as Route 376, Route 9D etc. MR. MCCLUSKEY moved that Supervisor Diehl be authorized to represent the Town of Wappinger on the Poughkeepsie-Dutchess County Transportation Policy Committee and sign the Memorandum of Understanding. Seconded by Mrs. Mills Motion Unanimously Carried A Public Hearing having been held by the Town Board on April 12, 1982 on an Amendment to the Ordinance for Administering and Enforcing the State Building Construction Code, the matter was now placed before them for their consideration. The following Ordinance was offered by COUNCILMAN MCCLUSKEY who moved its adoption: Section 1. Building Permit Fee: $4.00 per $1,000 of estimated cost, subject to Building Inspector review ($10.00 Minimum fee). Demolition Permit Fee: $2.00 per $1,000 of estimated cost, subject to Building Inspector review ($10.00 minimum fee). Certificate of Occupancy Fee: (where no new building permit is required) $25.00 Temporary Certificate of Occupancy Fee: $15.00 Certified Copies of Building Permits and Cost of reproduction plus $5.00 handling Copies of Department Records: $.25 per legal size paper). Section II. Site Plans: fee each. page (up to This amendment shall become effective upon adoption, posting and publication, as prescribed by Town Law. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays A Public Hearing having been held by the Town Board on April 12, 1982 on an Ordinance Amending the Zoning Map of the Town of Wappinger, the matter was now placed before them for their consideration. The following Ordinance was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger adopted a Zoning Ordinance and Zoning Map on March 10, 1982, which Ordinance and Map has been amended from time to time and, WHEREAS a certain district appearing on such Zoning Map as "LB" (Local Business) was mistakenly designated as such with no provision being made in the Zoning Ordinance for "LB" zoning, and WHEREAS, it was the intent of the Town Board to designate such area as "NB" (Neighborhood Business) and WHEREAS, the Town wishes to correct such mistake, BE IT ORDAINED by the Town of Wappinger Town Board as follows: Section 1. All those districts appearing on the Zoning Map dated March 10, 1980, as amended from time to time, as "LB" shall hereinafter be designated as "NB" (Neighborhood Business) zones on such map. Section II. This amendment shall become effective upon adoption, posting and publication, as prescribed by Town Law. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays MR. MCCLUSKEY moved to table action on a rezoning request of Dr. Heaney for property owned by the N.Y. Conference United Church of Christ until the next meeting. Seconded by Mrs. Mills Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: WHEREAS, the Town Board has previously appointed Kenneth Croshier as Acting Highway Superintendent to fill the vacancy in that position created by the untimely death of William P. Horton, and WHEREAS said Kenneth Croshier was previously a working foreman, now BE IT RESOLVED that Kenneth Croshier is granted a temporary leave of absence from his position as working foreman, said temporary leave of absence to terminate on December 31st, 1982, and BE IT FURTHER RESOLVED that Robert Croshier is hereby appointed working foreman on a temporary basis to fill the vacancy created by the foregoing and is granted a temporary leave of absence from his position as heavy motor equipment operator, said appointment as a temporary working foreman and said leave of absence both to expire on December 31st, 1982, and BE IT FURTHER RESOLVED that Kenneth Croshier as Acting Highway Superintendent shall be empowered to employ, on a temporary basis only, a person to fill the position of heavy motor equipment operator, said employment to expire no later than December 31st, 1982. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays A request was received from the Comptroller for a transfer of Federal Revenue Sharing Funds from CF1990.4, Contingency to CF3645.4, Auxiliary Police in the amount of $500.00. MRS. MILLS moved to approve the transfer of Federal Reserve Funds as requested by the Comptroller. Seconded by Mr. McCluskey Motion Unanimously Carried A contract of renewal from the Sloper-Willen Ambulance Company was submitted to the Town Board for approval and authorization to the Supervisor to sign said contract. Mr. Diehl noted that there were questions on the insurance and he recommended that this matter be referred to the Health and Safety Committee for review with the insurance agents. The following proposed Local Law was introduced by COUNCILWOMAN MILLS: A Local Law Regulating Traffic within the Town of Wappinger. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I. Full Stop Streets. The following roads and highways are hereby designated as 4b, full stop streets and intersections and all vehicles shall observe any posted stop sign at the intersection hereinafter described before entering the intersecting street: Both sides of Tor Road at its intersection with Sylvia Drive; Both sides of Alpert Drive at its intersection with Sylvia Drive; Granger Place with its intersection at Alpert Drive; Both sides of Carroll Drive at its intersection with Balfour Drive; Both sides of Balfour Drive at its intersection with Scott Drive; Both sides of Scott Drive at its intersection with Carroll Drive; Ardmore Drive at its intersection with Spook Hill Road; Appleblossom Lane at its intersection with Pine Ridge Drive; Dorothy Lane at its intersection with Cedar Hill Road; Wildwood Drive at its intersection with Widmer Road; Malstorme Road at its intersection with Widmer Road; Quarry Drive at its intersection with Widmer Road; St. Nicholas Road at its intersection with Widmer Road; Bank Street at its intersection with North River Road; North River Road at its intersection with Old State Road; Smith Crossing Road at its intersection with Diddell Road; Brothers Road at its intersection with Gold Road; Gold Road at its intersection with Montfort Road; Both sides of Roberts Road at its intersection with Spook Hill Road; Both sides of Reggie Drive at its intersection with Spook Hill Road; Section 2. Yield Streets The following roads and highways are hereby designated as yield streets at the following intersections, and all vehicles shall observe posted yield signs thereon before entering inter- secting streets; Pye Lane at Montfort Road; Plaza Road at Central Avenue; Rosewood Drive at Cedar Hill Road; Cooper Road at Old Route 9; Skytop Drive at North River Road; Wheeler Hill Road at Old State Rd. Edgehill Drive at Brothers Road. Section 3. Fines Any vehicles failing to observe the stop signs or yield signs above described shall be subject to prosectuion for violation of this local law and shall be subject to punishment by a fine not to exceed $25.00. A violation of this local law shall be deemed a traffic infraction. Section 4. Effective Date This local law shall become effective upon filing with the Secretary of State. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 12th day of April, 1982, a proposed local law regulating traffic, 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 26th day of April at 6:45 P.M. EDT on such day at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. 16 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: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays A deed from Grace Flitt for a Town Right-of-way for a subdivision on Ketchamtown Road was again presented to the Board for their acceptance; the Attorney to the Town was not ready for the Board to act on the matter. MRS. MILLS moved to table action on the acceptance of the deed from Grace Flitt and refer it back to the Attorney for further review. Seconded by Mr. McCluskey Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: BE IT RESOLVED, that Rosen Crane and Wolfson are hereby directed to execute consent judgments settling the Matter of Imperial Gardens Company against Wappingers Central School District and the Town of Wappinger Tax Certioraries (index #4122/81; 4124/81) copies of which are attached hereto and made a part hereof, and that Rosen Crane and Wolfson are auth orized and directed to settle the above captioned proceedings pursuant to the terms of said judgments. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays An Agreement between the Town of Wappinger and the Little League Association was submitted to the Town Board for their considera- tion. The following Agreement was offered by GQOiUCILMAN VERSACE who moved its adoption: WHEREAS the town wishes to contract with the Little League for the providing of services hereafter defined, and WHEREAS the Little League is willing to provide said services in exchange for consideration hereafter defined, and WHEREAS the Little League is willing to provide said services in exchange for consideration hereafter defined, NOW THEREFORE, it is agreed between the parties as follows: 1. The Little League shall provide for all youths within the Town of Wappinger, exclusive of the Village of Wappingers 46, l Falls, between the ages of 7 and 18 the opportunity to partici- pate in either softball or baseball activities on one of the following leagues: T -Ball, Instructional, Little League, Minor League, Senior League, Division III, Big Boys and Girls Softball. Assignment of such teams shall be made by the Little League which shall take into consideration the age of the applicant, and the applicant's skill level (if applicable). 2. The Little League shall provide all coaches, instructors and umpiring personnel necessary to provide both instruction and team experience to each youth. The Little League shall also under- take all administrative acts necessary for the operation of such leagues. 3. The Town shall provide adequate facilities in support of the sports program herein set forth during those times described on various schedules of the Little League previously established and distributed for the 1982 season. This includes sports and recreation- al fields with backstops, fencing, dugouts, rest rooms, all as they presently exist and as they may be improved. This also includes the continuation of normal repairs, maintenance, custodial services and daily lining of the fields. The Town shall also make available to the Little League its building at the Robinson Lane Facility for the purpose of storage of equipment and the operation of a concession. The Town shall continue to pay the costs of electricity, water and telephone. 4. The Little League shall provide all sporting equipment necessary for the implementation of the sports program. The Town shall permit the use of its equipment for field mainten- ance by the Little League, i.e., rakes, shovels, liners, chalk dust, wheelbarrow, sod cutter, etc. 5. The sports program shall be provided to the youth of the Town, exclusive of the Village of Wappingers Falls, beginning in the month of April through the completion of All Star partici- pation in August. 6. The Little League shall maintain the standard Little League insurance coverage to provide for medical expenses of participants. 7. The terms of this agreement shall be from the date of execution of this agreement through the completion of the 1982 Little League season. 8. The Town shall pay to the Little League the sum of $5,000.00 in exchange for the programs provided. 9. The Little League shall be solely responsible for any liabilities arising from its acts in the operation of the programs pursuant to this agreement and shall indemnify and hold harmless the Town for any claims arising from the same. 10. This agreement may not be assigned. 11. The Little League will not discriminate because of race, color, national origin, ancestry or religion; the program shall be open to all youths who have a permanent residence with the Town, excluding the Village of Wappingers Falls, who are between the ages of 7 and 18. 12. The Little League shall be solely responsible for the obtaining of financial support necessary to fulfill its obligations for the sports program under this agreement. 13. Each party, by executing this agreement, represents that the authorization of the governing body has been obtained to permit such. 14. The Little League represents that it is authorized by its governing instruments to enter into this agreement. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays Before this Agreement was approved there was discussion pro and con with the Board and the public. Mr. Versace clarified this matter by explaining that this organization was not new, it has been in existence a long time, however, the contract is a new way of handling the monies rather than the bidding process to enable the Little League to provide this program to the youth of the Town. The money has been put in the Town budget for over 20 years, it's now being done through a contract. Mr. McCluskey asked the Attorney if this Agreement had been researched as to the legality of it and Mr. Adams replied that he had. Mrs. Mary Schmalz, 7 Edgehill Manor, being recognized by the Chair, asked that Article 8, Section 1 of the State Constitution which stated that "no county, city or town, village or school district should give or loan any money or property to or in aid of any individual or private corporation or association or private undertaking", be read into the record of the minutes. She then asked the Attorney and the Supervisor if this agreement had been submitted to the State Comptroller as it was presented and did he approve it. She also stated that there was a quorum at the last Recreation Commission meeting and this contract was not discussed or brought up. Mr. Diehl responded that he had not notified any one in the state of this contract and Mrs. Schmalz requested that before the Board act on it that they send it to the State Comptroller for his opinion. Mr. Versace interjected that he believed that the Attorney had researched this matter with Audit and Control and his opinion is that it is a perfectly legal document. Mr. Adams then read an opinion from the State Comptroller addressed to Mr. Cuatt----"a municipality may provide funding or equipment to a youth recreation program where the municipality has contracted with a private entity for the services necessary to effectuate a municipally -sponsored but privately operated program: Mrs. Schmalz felt that that statement should be d 1 clarified and the actual agreement, she repeated should be sent to the State Comptroller for his opinion, as the Town could be leaving themselves open for an Article 78 suit. Mr. Versace responded that they were abiding by the recommenda- tion of the Attorney and the reason the contract was not dis- cussed by the Commission was because that line item will be transferred out of their budget and put in a separate line item which will nothing to do with the Recreation Commission budget. Mr. Leif Jensen was then recognized by the Chair and asked if the Little League would be mandated to go through the bidding process with the monies given to them by the Town; a discussion again followed which explained that we were contracting with them for their program for youth and for a certain amount of labor and maintenance on the fields; this was all brought up due to a question of the legality of the bidding process which was done through the Recreation Commission and then approved by the Town Board; now it was strictly Town Board approval. The answer to Mr. Jensen's question was no, they were not obligated to go to bid, the money was to be used by them to keep the program going by buying the equipment. Mrs. Schmalz then interjected that if they did this for Little League, they would also be obligated to do it for other organizations such as Boy Scouts and Girl Scouts, etc. --any organization that provides service has a perfect right to come in and ask for a similiar contract. Mr. Versace pointed out that they were providing services for over 1200 youth and the Town certainly could never afford to expend an amount of $40 to $50,000 a year to conduct it. Mr. Diehl intervened to end the discussion and asked Mrs. Schmalz if she had anything more to add other than her original request; she then again repeated that the Board should not sign the agreement until they had the opinion of the State Comptroller. The vote was then taken and the Agreement was approved. MR. VERSACE moved that the Supervisor be authorized to sign the Agreement between the Town of Wappinger and the Little League and the amount of $5,000.00 be transferred from the Baseball line item of the Recreation Commission budget to a separate line item, Sports Program, in the General Fund and the Comptroller be notified to transfer this amount as stated. Seconded by Mr. McCluskey Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: WHEREAS the owners of Carmel Heights Sections 1 and 2 wish to utilize the sewage removal facilities of the Rockingham Farms Sewer District, and WHEREAS the Rockingham Farms Sewer District is presently the subject of a moratorium by the New York State Department of Environmental Conservation and the Dutchess County Health Department prohibiting further connections to that system because of excessive inflow of rain and surface water, and WHEREAS the developers, subject to appropriate approvals are willing to undertake those improvements necessary to remove infiltration to the extent that it would increase the flow capacity of said sewage district for the equivalent of 70 homes, NOW, THEREFORE, BE IT RESOLVED, that subject to first obtaining the necessary written permission from both the Department of Environmental Conservation and the Dutchess County Department of Health, the owners of lands within Carmel Heights Section L and Section 2 be permitted to become tenants of the Rockingham Farms Sewer District, subject to the usual conditions attached thereto as hereinafter set forth, upon the owners taking those steps, at their own expense, to remove infiltration rain and surface waters in an amount equal to the daily inflow rate of approximately 70 homes. Seconded by: Supervisor Diehl Roll Call Vote: 4 Ayes 0 Ayes This action prompted a question from Ken Brown, 11 Sherwood Heights, who was recognized by the Chair, on the status of the drainage problem in this subdivision. He lived in that area and had been inconvenienced several months due to the problem and felt no other considerations should be given the developer until he met the requirements and corrected the situation. Although Mr. Diehl try to point out that the one matter had nothing to do with the other, the one being sewer connection and the other being drainage, plus the fact that he was willing to make improvements necessary to remove infiltration which would be a help to the Town, Mr. Brown persisted in his objection to their action. MR. DIEHL moved that Kenneth Croshier instruct the developer of Carmel Heights to complete the drainage project within ten days of the date of notice from the Highway Superintendent. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Camp Pollution Control regarding the removal of dried sludgy from Mid Point and Rockingham Sewer Treatment Plants. MRS. MILLS moved that this communication be referred to the Water and Sewer Committee for discussion. Seconded by Mr. McCluskey the Motion Unanimously Carried A resignation was received from Gary McGregor as Court Officer of the Town Justice Court effective April 15, 1982. MR. VERSACE moved to accept the resignation from Mr. McGregor and thank him for his services to the Town. Seconded by Mr. McCluskey Motion Unanimously Carried A recommendation to appoint Mr. Delbert Wilson as Court Officer for the Town to fill the vacancy created by Mr. McGregor was received from Judge Francese and Judge Bulger. MR. VERSACE moved to appoint Delbert Wilson as Court Officer for the Town Justice Court effective April 16, 1982. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from the Planning Board in regard to the possible inadequacy of the 24" culvert pipe in the vicinity of kwe the proposed Shelburne Hills subdivision. They requested that Mr. Lapar and Mr. Croshier check on this and give their opinions to the Planning Board on how this matter could be handled in regard to the downstream drainage fee. MRS. MILLS moved that the letter be referred to the Engineer for review and recommendation. Seconded by Mr. McCluskey the Motion Unanimously Carried Mr. Thomas Logan, Assessor, requested permission from the Board to attend the conference of the Northeastern Assessors Association in Atlantic City from May 23 through May 27, 1982. MRS. MILLS moved to grant permission to Mr. Logan to attend this conference in Atlantic City at the requested time and his expenses would be a Town charge. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Mary Schmalz noted that Senior Citizen Day had been proclaimed in Albany for May 4, 1982 and felt that the Town of Wappinger should follow suit and proclaim this day also. She thought about making arrangements to transport the senior citizens to Albany on that day; the money was available for their transportation in the Recreation Commission. MRS. MILLS that the Supervisor be authorized to proclaim May 4th, 1982 as Senior Citizen Day in the Town of Wappingers Seconded by Mr. McCluskey Motion Unanimously Carried MR. DIEHL moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The meeting adjourned at 11 P.M. Reg. Mtg. 4/12/82 Elaine H. Snowden Town Clerk d d