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1982-03-08 RGM• • . • •.(4.•-•.. AGENDA TOWN BOARD TOWN OF WAPPINGER RCH 8, 1982 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS: Town Justices (Jan) Bldg/Zoning Racaiver ot_Taxes Sup/Compt. thru Dec. 31, 1981 Hydrant (Jan) 5. PETITIONS & COMMUNICATIONS a. Estelle Zak re: Noise from Imperial plaza b. Mrs. Allan Manchester re: request for payment of ruined laundry due to brown water c. Requests from H. Gunderud and E. Croshier to attend conferences (March 10-12 & 19th respectively) d. Request from Village of Wappingers Falls to use Town Voting machines for March 16th Elections e. Peter Anagnos, Dir. of Eng., Co. DPW, re: Town approval to install Traffic Signal on CR 93 -(w/resolution by T. Attny) f. H. Gunderud requests adoption of revised Building Dept. Fee Schedule g. H. Gunderud re: approval of additional Fire Inspectors (Hughsonville Dist.) h. Planning Bd. recommendation to adopt Town of Wappinger Soil Erosion & Sediment Control Ordinance i. H. Gunderud recommendation to correct error on Town Zoning Map re: "LB" area zone for Turco in Chelsea j. Attorney to Town Correspondence re: Restrictive Covenants/Conserv- ation Districts 6. COMMITTEE REPORTS 7. RESOLUTIONS A. Local Law Amending Local Law on Dog Control (Increased fee) B. Cornell -Drake Rezoning C. Introduce Rezoning Ordinance - Dr. Heaney D. DOT Resolution Requesting Abandonment to Town of a portion of Rte 376 E. DOT acquisition of .007 Acres off Rte 9D - accept offer & authorize Supervisor to execute agreement F. Street Lighting Order - Hughsonville Light Dist. -approve & authorize Supervisor to Sign G. Accept Deed from Grace Flitt for Town ROW (per Planning Bd. Res. of 2-2-82) H. Watch Hill Sewer District - Refund Duplicate Benefit Assessments 13. UNFINISHED BUSINESS a. J.H. Adams' response re: CATV Franchise renewal b. J.H. Adams' response re: Control Building - CWW Lnp. Area • BUSINESS 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on March 8, 1982 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:00 P.M. Present: Louis Diehl, Supervisor. Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoamn Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town Kenneth Croshier, Acting Superintendent of Highways All stood for the Pledge of Allegiance to the Flag. Mr. Diehl announced that he was bringing up Item 7b under Resolutions first on the Agenda which was the Cornell -Drake rezoning and asked if a representative from Pizzagalli Corp. was present. Mr. Tom Mackin, Project Coordinator of this Corporation spoke on their behalf and asked for a postponement of action on this rezoning request. They were not negative to a public hearing sometime later on down the road; they have resolutions to some of the problems that the Board may want to hear and they felt they were entitled to be heard. This, he said, was strictly a Board decision, and at that time, if the Board felt they didn't want to rezone, the firm would withdraw the request. Their first request was for the postponement of action by the Board, their second position was to withdraw the rezoning request. Their contention was that the Board had held a meeting without their presence and there were several items they wished to discuss. Mr. Diehl replied that there Was no reason they could not have been at this meeting; it was an informational meeting for the residents, but no one was denied access to this meeting. He then said he would entertain a motion from the Board to accept a withdrawal of the request. Mr. McCluskey then moved that the Board withdraw the application based on the fact that there may or may not be substantial changes in the plan and asked for a second to this motion. Mr. Versace thought there should be a motion denying the rezoning request, however, Mr. Diehl differed with this reasoning and addressed Mr. Drake, the owner of the property who was present, and asked him if this was his second consideration---to withdraw the request. Mr. Drake then said these were unusual circumstances, he was the owner, but it was the Pizzagalli Corp. who went through all the trouble and expense for this rezoning and it would be up to them to withdraw. There could be another public hearing to present the changes that would answer the concerns of the public---give him his day, that's all he's asking for. The question was reiterated, to which Mr. Drake indicated his preference was postponement, however, if the Board was not amenable to that he would request withdrawal. Mr. Versace asked for a clarification; is the representative of Pizzagalli asking for a withdrawal tonight; Mr. Mackin, Project Coordinator for Pizzagalli, stated he would prefer the Town Board to postpone making a decision at this meeting; if the Board could not entertain this request, then their position was to withdraw. Mr. McCluskey stated that he would be against a postponement because it would be putting off the inevit- able; he was on record now as against the rezoning as presented and would also be against the postponement, that is why he made the motion. Mr. Versace asked for a two minute recess to discuss this with the Attorney. The Board recessed at 8:10 UM. The meeting was called back to order at 8:14 P.M. and all Board Members were present. The matter of the Cornell-Drake Rezoning request still being the subject before the Board, it was clarified that Mr. Cornell, as loner of the property, and Mr. Mackin, as a representative for Pizzagalli mutually agreed they would like to withdraw the rezoning application. MR. MCCLUSKEY moved to accept the withdrawal by the applicant (Cornell- Drake) without prejudice. Seconded by Mr. Diehl Roll Call Vote: 5 Ayes 0 Nays Discussion continued on this matter and Mr. McCluskey felt if there were any questions in the minds of these residents, they should be answered. Richie Cohen, 23 Pippin Lane, asked if the firm resubmitted this plan, would there be a time limit on when they took this action. 3 It was explained to him that he could resubmit it at any time, but the whole procedure would then have to be repeated, a new public hearing would have to be held. He then asked what kind of notification would there be and was told that the normal legal notice would be in the paper as it was done on this one and on all public hearings. Linda Carman, 18 Fenmore Drive repeated a statement made by Mr. Johnston at the February 3rd, 1982 public hearing that if this rezoning did not go through, he would not come back with it and -bother the Town and the people, and she felt he should keep his word. She was told that since the Board did not accept or approve his request for a delay, there was no other choice but to withdraw and the assumption was that another plan would be presented, which he has a right to do, but at this time there is no plan. Joseph Popora, 32 Kent Road, said he was not at the last hearing but his wife was but from what he heard and read in the paper later on, was that the information given by the citizens of the area to the Board was for the purpose of them taking the position of denying the rezoning; their intent was not for the Board to entertain any other plan or action. It seems to him that all the Board did was to skirt the issue completely. Mr. Diehl explained that they could not deny it since the request was to delay it or withdraw it and the Board chose to accept the withdrawal. Even if it was denied, it would be their right to come back with another plan, if they so desired. Sandra Goldberg, Wildwood Drive, Wappinger County Legislator, asked the Board to decide what they wanted for Myers Corners Road and then to stand by it. She felt and obviously many others did, too, judging by the number present each time this matter was discussed, that she did not want to see this road any more commercial than it already was. There are many residen- tial developments feeding off of this road, and the two schools, it's a two lane highway and there is enough development on that road. Mr. McCluskey asked Mrs. Goldberg to go back to the County Depart- ment of Public Works and ask them to take a closer look at such 1-1 roads in the Town as Myers Corners Road, as far as speed limits, reconstruction, and making the road safe, and ask them what future plans they had for Myers Corners Road. Mr. Diehl then asked Mrs. Snowden to continue with the Agenda. The Minutes of the Regular Meeting of February 8, 1982 and a Special Meeting of February 22, 1982, having previously been sent to the Board Members, were now placed before them for their consideration. MR. JOHNSON moved that the Minutes of February 8th, 1982 and February 22, 1982, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. McCluskey Motion Unanimously Carried Reports for the month of January were received from the Town Justices, Building Inspector/Zoning Administrator for the month of February, Hyrdrant Report for January and February and the Supervisor/Comptroller Report through December 31, 1981. MR. JOHNSON moved that the Reports be accepted and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried 1 At the last meeting Mr. Johnson reported a complaint from a resident on Dorothy Heights regarding the noise at the Imperial Plaza. The Board requested that a letter be written to the party, Mrs. Estelle Zak asking that she clarify these noises. Mrs. Zak responded and asked to be on the next agenda; she was 11110 present and elaborated on her letter; her main complaint was the horn blowing on the postoffice delivery trucks after mid- night. Evidently a gate had to be opened and the driver keeps blowing the horn until the gate is opened and sometimes it goes on for several minutes. She related an incident of a resident of the road going to the Postoffice to complain on this matter and was ordered off "federal property". Loud noises also emanated from a pool room in the back until 3 and 4 in the morning which she said were unbearable; noises from a vacuum sweeper and refuse collection trucks started before 5 A.M. 1 L MR. JOHNSON moved that the Village Board of Trustees and the Zoning Officer of the Village be advised of the noise complaints in the Plaza and ask them to contact the Postoffice and owners of the various stores to cease and desist the noise; also advise the Village that before Postoffice lease is renewed, they should put certain restrictions in the lease; Mr. Diehl be requested to contact the Postmaster in regard to the incident of ordering a resident off of the property and arrange a meeting with him to discuss the matter. Seconded by Mr. McCluskey Motion Unanimously Carried A request for reimbursement of ruined clothes due to brown water was received from Mrs. Allen Manchester; the itemized list totaled $78.00. MR. MCCLUSKEY moved that Mrs. Manchester's claim be referred to the Town's insurance carrier for investigation. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Versace noted that he had spoken to a representative of Camo Pollution Control and was informed that a regular schedule of flushing had not been kept in the past few weeks due to the weather and this was probably the cause of the brown water. to attend conferences Requests/were received from Hans Gunderud and Eleanor Croshier--- March 10th through the 12th, 1982 for the Eastern States Building Officials Federation at Ellenville, New York for Mr. Gunderud, 0100 and March 19th, 1982 for the Seminar for Town Court Clerks at New Paltz, for Mrs. Croshier. MR. JOHNSON moved that permission be granted to Mr. Gunderud and Mrs. Croshier to attend their respective conferences and their normal expenses will be a Town charge. Seconded by Mrs. Mills A request was received from the Village of Wappingers Falls for the use of three Town voting machines for their March 16th, 1982 election. MR. MCCLUSKEY moved to grant permission to the Village of Wappingers Falls for the use of the Town's voting machines on their March 16th, 1982 election, under the supervision of the Highway Department, and Town Custodians. Seconded by Mrs. Milts Motion Unanimously Carried A letter was received from Peter Anagnos, Director of Engineering for the Dutchess County Department of Public Works regarding a traffic light on CR93 (Myers Corners Road) for the IBM Corp. complex presently under construction on that road. 1111110 1 The fbllowing resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, permission has been solicited on behalf of Pizzagalli Construction Company and the IBM Corp. for construction and main- tenance by them of a traffic signal as more fully set forth in a letter addressed to Louis D. Diehl, Supervisor, Town of Wappinger, from the County of Dutchess Department of Public Works dated February 25, 1982, a copy of which is attached hereto, and WHEREAS, the cost of construction and maintenance of said traffic signal is to be maintained by parties other than the Town of Wappinger, NOW, THEREFORE, BE IT RESOLVED that approval be given as requested by the Department of Public Works for the construction and maintenance of a traffic signal on Myers Corners Road as more fully set forth in the aforesaid letter, and BE IT FURTHER RESOLVED that said approval should only extend for that period of time that the said traffic light is installed by a party other than the Town of Wappinger and suitable replace- ments when necessary are provided by a party other than the Town of Wappinger and all maintenance associated with the same is assumed by said third parties, and BE IT FURTHER RESOLVED that the Town of Wappinger hereby disclaims any responsibility for the operation and maintenance of said traffic light, said traffic light to be installed and main- tained in accordance with those specifications and directives of the Dutchess County Department of Public Works. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays Mary Calvin, Fenmore Drive, being recognized by the Chair asked if the Board knew the exact location of this traffic light and was told it would be on the east side of Fenmore Drive and except for the peak hours it would be a blinking light. A revised Building Department Fee Schedule was sent to the Town Board by Mr. Gunderud with a request that they consider such a revision. 1 ‘.0 The following Amendment to the Ordinance for Administering and Enforcing the State Building Construction Code was introduced by COUNCILMAN JOHNSON: 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 Site Plans: Copies of Department Records: $.25 per page (up to legal size paper). Section II. This amendment shall become effective upon adoption, posting and publication, as prescribed by Town Law. MR. JOHNSON moved to set a Public Hearing on the Amendment to the Ordinance for Administering and Enforcing the State Building Construction Code on April 12, 1982 at 7:45 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, at which time all interested parties would be heard. Seconded by: Mr. McCluskey Motion Unanimously Carried The following individuals have been recommended to the Fire Prevention Bureau by the Board of Fire Commissioners of Hughsonville tie as inspectors. Pursuant to Section IIIB of the Rules and Regulations for the Administration of the New York State Fire Prevention Code by the Town of Wappinger, the Town Board must approve the candidates prior to their installation as inspectors. Mr. Gunderud wrote to the Board requesting this approval for the following : George Roche Richard Conte Robert Padworski Thomas Sheffield Paul Hait Gary Collins MR. JOHNSON moved that the above named individuals be approved as Fire Inspectors of the Hughsonville District for the Fire Prevention Bureau of the Town of Wappinger, as recommended by Mr. Gunderud. Seconded by Mrs. Mills Motion Unanimously Carried A recommendation for the adoption by the Town Board of the proposed Soil Erosion and Sediment Control Ordinance was received from the Planning Board. Mr. Johnson said there had been discussions on this Ordinance and the Engineer to the Town did have some questions on it; he, there- fore recommended that it be discussed at a work shop session which he would set after it had been reviewed first by the Ordinance Committee. MR. JOHNSON moved that this matter be referred to the Ordinance Committee for review prior to setting a date for a work shop session for discussion by the full Board. Seconded by Mr. McCluskey Motion Unanimously Carried A recommendation was received from Mr. Gunderud for the Board to take immediate action to correct a misprint on the zoning map concerning a parcel on Chelsea Road which showed an "LB" zone instead of "NB" zone. Mr. Johnson explained that this parcel had been addressed several years ago when it was "LB", however, the new Zoning Map eliminated this designation and categorized it as "NB" (Neighborhood Business) instead. The following resolution was introduced by COUNCILMAN JOHNSON: WHEREAS, the Town Board of the Town of Wappinger adopted a Zoning Ordinance and Zoning Map on March 10, 1980, 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 Board wishes to correct such mistake, NOW, BE IT ORDAINED by the Town Board of the Town of Wappinger 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. MR. JOHNSON moved that a Public Hearing be set for April 12, 1982, at 7:55 P.M. and the Amendment to the Zoning Map, at the Town Hall, Mill Street, Wappingers Falls, New York to hear all interested parties. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Mr. Adams pertaining to 'Restrictive Covenants/Conservation Districts asking direction from the Board on "forever wild" lands as to whether or not an express provision should be made in the deed for this or whether the town may wish instead by rules and regulations of the district to implement this policy. The latter method would give the town flexibility of modifying that policy under appropriate circumstances. Mr. Johnson commented that he felt the intent of the Board was to keep these lands "forever wild" and not to be allowed later on to stray from this policy; whichever way the Attorney felt was the way to implement this policy and continue it would be the way to go and he felt the full Board concurred with this opinion. No one disagreed. This was referred back to the Attorney to prepare the proper resolution setting a policy. Under Committee Reports, Mrs. Mills, Water and Sewer Committee, spoke of a letter received by all Board Members from Tom Morris in Fleetwood who had problems with a malfunctioning meter. He had contacted the Comptroller about unusually high water bills, 4160 and upon testing the meter it was found to be reading high; there was a 6% adjustment made on the last quarter, however, Mrs. Mills recommended that a 6% reimbursement be made for the whole year, rather than just the one quarter adjustment. MRS. MILLS moved that the Comptroller be authorized to reimburse Mr. Morris 6% of the bills for the whole year instead of one quarter. Seconded by Mr. Versace Motion Unanimously Carried Her next item was a report on a settlement of $1,641.00 received from the insurance company to repair damages on the control panel at the Rockingham Plant. Camo Pollution, Control recommended that while doing this work the Town should approve a bid from Armstrong Electric to put the electric panel back in acceptable working condition which would improve the operating conditions ----total cost of repairing the damages and additional work on the panel would be $2,259.00. Mrs. Mills recommended that the Board approve the bid; Mr. Versace, the other member of the Committee also felt that for the additional amount of $620.00 this work should be done. MRS. MILLS moved that the bid from Armstrong Electric in the amount of $2,259.00 be approved to repair the damages caused by a fire at the Rockingham Plant and also do the additional work as outlined in Camo's letter of February 12, 1982. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Mill then spoke of a new booster pump in Fleetwood at a cost of $1,800.00; the backup pump is dead and the one they are now operating is old and beyond repair and her recommendation was to order it as it takes six weeks for delivery. MRS. MILLS moved that a new booster pump be installed in Fleetwood at a cost of $1,800.00 and the Engineer to the Town be authorized to order this after conferring with Camo Pollution Control to determine the proper one to order. Seconded by Mr. Johnson Motion Unanimously Carried The next report from Mrs. Mills referenced a project whereby the residents of the Town would be able to get rid of the items that were not picked up by the refuse companies, with the exception of metal and tires; the landfill site at Castle Point would be open the first Saturday of every month from April through October from 8:30 A.M. to 4:00 P.M.; metal items could be disposed of at the Town Highway on the same days, same times; the residents would have to transport their own items and produce proof of residency, such as a driver's license. kw 1 Along the same lines, she then discussed another project they were working on, that of disposing of household garbage on a weekly basis, probably every Saturday throughout the day, at a cost of whatever they had to pay the carter ---possibly $.75 for a 30 gallon bag at a site they had not yet decided on. This would be reported at a later date when more information was available. MR. JOHNSON moved that Mrs. Mills be authorized to expend the necessary funds to advertise the programs she described. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Johnson, as Chairman of the Ordinance Committee, reported that he and Mr. McCluskey had met with Mr. Gunderud on the various changes to the Zoning Ordinance, also technical cor- rections such as misspelled words and sections written in the wrong places and felt they would be ready for the Board's next meeting. He attended a meeting at Jon Adams' office with the Recreation Commission Chairman regarding a contract with the various organi- zations using Town facilities and handle some of the recreation programs, and informed the Board that when completed, the contract would be forthcoming to the Board Members for their consideration. Mrs. Mills interrupted with an afterthought on the Castle Point Landfill Project concerning an invitation to the Village to parti- cipate in this project. MRS. MILLS moved to extend an invitation to the village of Wappingers Falls that lies within the Town of Wappinger to participate in this project and provide manpower for their pick-ups. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. McCluskey, Health and Safety Committee, reported that a response had been received from the Dutchess County Department of Public Works to our request for a uniform speed limit on Myers Corners Road and New Hackensack Road; they informed the Board that a formal investigation would be conducted at those 9, locations and their findings would be reported to the Town Board. A letter was received from the Wappinger Unit of the Dutchess County Auxiliary Police asking for an increase in the Town's donation for their uniforms from $300.00 which they received last year to $500.00. MR. JOHNSON moved that the Board authorize the expenditure of $500.00 from Federal Revenue Sharing Funds for the Wappinger Unit of the Dutchess County Auxiliary Police. Seconded by Mr. Versace Motion Unanimously Carried Mr. McCluskey, Building Committee, reported that they felt the rent of $200.00 for the Schlathaus property was insufficient and recom- mended that it be raised to $350.00 per month, one month security and 11/2% late charge for unpaid rent after the 10th day of the month, effective May 1st, 1982. MR. MCCLUSKEY moved that the Town raise the rent for the tenants in the Schlathaus property from $200.00 to $350.00 per month, one month security and 11/2% late charge if payment is received after the 10th of the month, effective May 1st, 1982. Seconded by Mrs. Mills Motion Unanimously Carried The Attorney to the Town was requested to send this notice to the present tenants of the Schlathaus house. As a point of information, Mr. McCluskey reported that the Sloper Willen Ambulance Co. had wirtten to the New York State Department of Transportation requesting a traffic light at the intersection of Route 9 and MacFarlane Road, citing that there had been a number of accidents with ambulances exiting out to Route 9. The State replied that there was a big back log and they would address it as soon as possible. Although he stated again that it was just a point of information, Mrs. Mills felt the Town Board should intervene and send a letter to NYSDOT, make it a strong letter and urge them to do this study for Sloper Willen before a disaster happens there; if it means saving a life on that highway, they should be urged to take action. MRS. MILLS moved that the Town write to NYSDOT urging them to 060 address the matter of a traffic light at the intersection of Route 9 and MacFarlane Road as soon as possible for the Sloper Willen Ambulance Company. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. McCluskey, Health and Safety Committee reported that there was a delay on a recommendation for a Peddler's License that had previously been referred to that Committee due to the fact that they felt the fee for these licenses should be raised to $100.00 a year; it is presently $35.00 for the year. This would put more control and restraint on the peddlers. It was decided by the Board to discuss this at the next work shop session. Mr. Versace reported on the Lighting Committee ---a request had been made to Central Hudson to move two street lights at intersections of Joel Place and Diddell Road with Route 376 due to the realignment of that road; a work order had been received from Central Hudson and the work would be done in the very near future. Mr. Versace asked the Town Clerk to write to Joseph Schaetzl from Central Hudson thanking him for his coopera- tion which expedited the work. Mr. Versace then brought up an item that was not on the Agenda but had been discussed at the last meeting and a public informa- tional meeting had been held at the Wappinger Junior High School, and that was the Dutchess County Resource Recovery Project. The County requested that a resolution from all interested towns be back to them by the middle of April. The following resolution was offered by COUNCILMAN VERSACE who moved its adoption: WHEREAS, the County of Dutchess has determined that there is a solid waste disposal problem in the County. Many existing sanitary landfills are being closed due to capacity limitations or inability to operate economically under recent regulations promulgated by the State of New York. New sanitary landfills are difficult to site due to public opposition or involve high development or operating costs, and WHEREAS, Resource recovery, based on the principle of burning unprocessed wastes, recovering the energy in those wastes in the form of steam and electricity, and selling the recovered energy, offers an environmentally acceptable, technologically demonstrated and economically feasible means of disposing of solid wastes, and WHEREAS, the County of Dutchess, having determined that resource recovery is feasible in Dutchess County has initiated a process for creating a facility and for providing an institutional framework for financing, constructing and operating this facility through the Dutchess County Resource Recovery Agency, and WHEREAS, the County of Dutchess is currently in the process of creating the Dutchess County Resource Recovery Agency, and WHEREAS, the County of Dutchess is currently in the process of creating the Dutchess County Resource Recovery Agency, to issue bonds for financing a portion of the facility construction costs, the remainder of the costs being financed by a grant from the State of New York under the Environmental Quality Bond Act of 1975, and WHEREAS, the County of Dutchess is desirous of having the Town of Wappinger become a participant in the development of a county -wide solid waste management system to commit the delivery of its solid waste to the Agency's resource recovery facility, and WHEREAS, the Town of Wappinger, recognizing that it has difficulties in finding a long-term solution to its solid waste disposal problems, is desirous of becoming a participant in the Agency's resource recovery project, NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger, that 1. The Town of Wappinger endorses and supports the efforts of the County of Dutchess to find a long- term solution to the County's solid waste disposal problems. 2. The Town of Wappinger requests the Dutchess County Resource Recovery Agency to provide solid waste management services for and in the Town of Wappinger. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays Mr. Versace continuing on reports, spoke of receiving corres- pondence on the presence of rodents in three areas of the Town; he intended to get together with Mr. McCluskey, the other member of the Health and Safety Committee to acquaint him with the problem; they would then concentrate on a program to help solve this problem and present it to the Town Board for their consid- eration. A Public Hearing having been held by the Town Board on March 8th, 1982 on a proposed Local Law Amending Local Law #3 of 1980 on Dog Control, the matter was now placed before them for their. consideration. MR. JOHNSON moved to adopt Local Law #2 of 1982 as follows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Section 8, paragraph B providing for redemption fees is amended by substituting the daily cost of $6.00 for the $4.00 per cost charge stated therein. Section 2. This local law shall take effect immediately upon filing with the Secretary of State. Seconded by: Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays The next item on the Agenda 7B, was addressed at the beginning of the meeting. The following Ordinance was introduced by SUPERVISOR DIEHL who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in .pursuance to the authority conferred by the laws of the State of New York, as follows: Section I. The Town of Wappinger Zoning Map adopted March 10, 1980, as amended from time to time, is hereby further amended by rezoning the 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 Corner of Myers Corners Road and All Angels Hill Road, and more particu- larly described as follows: Tax Map *19-6258-02-628535 - New York Conference United Church of Christ Deed Recorded @ Liber 1220, Page 20 Bounded on the East by A & J Parson, Inc; South by Lorenzo Acker; West by All Angels Hill Rd; North by Myers Corners Rd., Mt. Hope Grange, and Harry & Lois Acker. Section II. This amendment shall become effective upon adoption, posting and publication, as prescribed by Town Law. MR. JOHNSON moved to set a Public Hearing on this Ordinance Amending the Zoning Map of the Town of Wappinger, on April 12th, 1982, 7:50 P.M. at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York, to hear all interested parties. Seconded by Mr. McCluskey Motion Unanimously Carried Before the introduction of this Ordinance, Mr. Johnson explained that the request was from Dr. Heaney, as agent for the United Church of Christ and the intent was for him to move his office from his home to this parcel and build a small medical building. Mary Calvin, being recognized by the Chair asked the size of the parcel and would it be restricted so that in three years time he would not be able to sell it and something else would be put there and then asked about the parking and if it could be expanded. She was told that the land did not lend itself to anything larger and Planning Board would have to give approval for expansion; the parking was for twenty cars which they felt would mostly be for the staff. RESOLUTION REQUESTING ABANDONMENT TO THE TOWN OF WAPPINGER OF A PORTION OF STATE ROUTE 376 WHICH IS NO LONGER NEEDED OR USEFUL TO THE STATE HIGHWAY SYSTEM The following resolution was offered by COUNCILMAN MCCLUSKEY who moved its adoption: WHEREAS, the Town of Wappinger desires to obtain title to a portion of New York State Route 376 which is no longer useful to the State highway system; and WHEREAS, Highway Law S10 (32) authorized the Commissioner of Transportation to abandon a State Highway or portion thereof to a municipality when it is no longer needed by the State highway system. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Highway Law S10 (32), the Town Board of the Town of Wappinger, Dutchess County, New York, requests the Commissioner of Transportation abandon to the Town a portion of Highway designated as State Highway 8093 Route 376 from centerline station 129+44, 42 feet right to centerline station 133+76, 28 feet right as shown on Contract D 96631, which property shall be maintained as a part of the highway system of the Town of Wappinger so long as it may be needed as such. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays An offer from the New York State Department of Transportation for a parcel of land owned by the Town off of Route 9D, .007 acres, for the purpose of correcting a serious drainage problem, was again presented to the Town Board for their consideration having been tabled for more information from the Assessor. The state was offering $100.00 and Mr. Logan indicated that he saw no problem in the Town accepting this offer. SUPERVISOR DIEHL moved to approve the offer of $100.00 from oho the New York State Department of Transportation for a parcel of land owned by the Town of Wappinger situated off of Route 9D, approximate size of .007 acres. Seconded by Mr. McCluskey Motion Unanimously Carried MR. JOHNSON moved to authorize the Supervisor to enter into an Agreement of Adjustment with the New York State Department of Transportation, #PIN 8327.06-201 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. McCluskey Roll Call Vote: 5 Ayes 0 Nays Two Street Lighting Changes were received from Central Hudson ---- the first was for changing two street lights at the intersections of Joel Place and Diddell Road with Route 376, due to the realign- ment of that road, and had previously been requested by Mr. Versace, the second was actually a refund to the Town; they are existing rental poles which Central Hudson elected to use for electric distribution purposes and were therefore eliminating these charges however, the street light would remain. MR. VERSACE moved that the Supervisor be authorized to sign the Street Lighting Authority Orders No. 11532 and 11535 for the above mentioned work and refund by Central Hudson. Seconded by: Mr. McCluskey Motion Unanimously Carried A deed was received from Grace Flitt for a Town Right -of -Way for a subdivision on Ketchamtown Road; the Highway Superintendent indicated that it was a Planning Board requirement in their final approval resolution of February 2, 1982; it now needed to be accepted by the Town Board. The Attorney wished to review it further. MR. MCCLUSKEY moved that this matter be referred to the Attorney for further review and report at the next meeting. Seconded by Mrs. Mills Motion Unanimously Carried At the time the tax bills were made up, the County included duplicate levies for the benefit assessment of the Watch Hill Sewer District and in order to correct this situation, a resolu- tion was necessary to refund or deduct the duplicated amount. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: WHEREAS, the County of Dutchess inadvertantly included in all tax bills remitted to homeowners within the Watch Hill Sewer District duplicate levies for the benefit assessments of said district, and WHEREAS, the town wishes to authorize the Receiver of Taxes to refund, upon payment, to each homeowner the duplicate benefit assessment paid by said homeowners, NOW, THEREFORE, BE IT RESOLVED that Amelia Crosby as Receiver of Taxes is hereby authorized to refund to each homeowner within the Watch Hill Sewer District who has paid a duplicate assessment, that sum due to said homeowner for payment of a duplicate benefit assessment for said district or to deduct said duplicate assess- ment from any unpaid bill. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays Bid3were opened on March 5th, 1982 for a Model Dump Truck for the Highway; the results were as follows: Pleasant Valley Ford, Inc. $ 18,619.00 Healey International Trucks, Inc. 20,350.00 Gilbo's Hudson Motors Corp. 21,060.14 The Highway Superintendent recommended that the bid be awarded to Pleasant Valley Ford, Inc. for $18,619.00 as they were the low bidder and met the specifications. MR. MCCLUSKEY moved that the bid for the Model Dump Truck for the Highway Department be awarded to Pleasant Valley Ford, Inc. in the amount of $18,619.00, as recommended by the Highway Superintendent. Seconded by Mr. Johnson Motion Unanimously Carried A response to the Board's inquiry on the Cablevision franchise was received from the Attorney stating that Cablevision must notify the town no sooner than 90 days prior to June 21st, 1982, 060 and no later than 70 days prior to June 21st, 1982 that it elects to renew its term for an additional five year period. Upon receipt of this notice, the town must send either a request that the terms of the franchise be renegotiated or object to renewal by June 21st, 1982. Mr. Johnson noted that correspond- ence had been received from the Cablevision Company that they will formally ask for the renewal of the franchise within the time period. The Town CATV Committee was presently working with adjoining municipalities in an effort to solve some of the prob- IWO lems they were all experiencing. A second response was received from Mr. Adams regarding the Control Building in Central Wappinger Water Improvement Area which was requested at the last meeting prompted by correspond- ence from Mr. Lapar seeking authorization from the Board for putting out bids on this work. Mrs. Mills, Water and Sewer Committee, informed the Board that a meeting had been set for this Committee at which time they would have discussion on this matter and report to the Board and a work shop session would be set with the Engineer and the full Board for further discussion. Under unfinished business, Mr. Johnson asked the Highway Super- intendent if he had looked into the requests previously referred to him for various street signs; Mr. Croshier replied that he had not completed these referrals at this time. An application for a proposed Mobile Home Park on the lands of Frederick Jambes, Robinson Lane, had been received after the 411104 Agenda was closed and the Town Clerk asked the Board if they wished to consider it at this time. It was also requested that the Town Board forward this proposal to the Planning Board for review and comments. This would be the normal procedure if the Town Board wished to consider the application. MR. DIEHL moved to deny the application for the Mobile Home Park on Robinson Lane, and further moved that it would not be forwarded to the Town Planning Board. Seconded by Mr. Versace Motion Unanimously Carried A second late request was received from Dave Alexander regarding a parcel of land located at the intersection of New Hackensack Road and St. Nicholas Road. The property contains 8.8 acres of which 6.8 acres is presently zoned AI, and the remaining two acres zoned R40. The request was to rezone the two acres zoned R40 to AI to allow development of the site. MR. DIEHL moved that this request be considered at the next regular meeting of the Town Board. Seconded by Mr. McCluskey Motion Unanimously Carried There was no other business to come before the Board. MR. JOHNSON moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The Meeting adjourned at 10:42 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 3/8/82 1 A Public Hearing was held by the Town Board of the Town of Wappinger on March 8, 1982, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on a proposed Local Law Amending Local Law No. 3 of 1980. (Dog Control) Supervisor Diehl opened the Hearing at 7:11 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the minutes of this Hearing). It was explained that the reason for the increase of the redemption fees on the dogs was due to a raise in the new contract for animal shelter which was now $6.00 per day. Supervisor Diehl asked for comments from the public. There were no comments either for or against the proposed Local Law. Mr. McCluskey moved to close the Public Hearing, seconded by Mr. Johnson and unanimously carried. The Hearing closed at 7:53 P.M. 71LAAJLZEI., 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 ANENDING LOCAL LAW NO. 3 OF 1980 (DOG CONTROL) 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 February 19, 1982, your deponent posted a copy of the attached Notice of Public Hearing on a proposed Local Law Amending Local Law No. 3 of 1980 (Dog Control),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 nlatAcL. 1982. VJETT" ticw, fit,e,k,n3 ;.„unty 4 re:3 30, 1-/ Elaine H. Snowden Town Clerk Town of Wappinger fl and D. E'VI Iz. DISPLAY ADVERTISING . CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET • WAPPINGERS FALLS NOTICE IS HEREBY GIVEN that there has been duly presented and In- troduced before the Town Board of the Town of Wappinger Dutcheea County,_ New York on February 8, 1982, a pro- posed Local Law ss follows:- • A Local Law Amending Loci). Law; No. 3 of 1980 (Dog Control Law), J• f BE IT ENACTED by the Town*Board of the Town of Wappinger as follows: Section 1. - - Section 8, paragraph. a providing for • redemption fees is amended' by` substituting the daily cost of 58.00 for the 54.00 per cost charge stated therein. \• Section4. This local law shall take _effect Im• mediately upon filing with the Secretary of State. NOTICE IS FURTHER GIVEN that the Town Board will conduct a Public Hear- ing on the aforesaid proposed•Local 1 Law at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York on March 8, 1982 at ! 7:45 P.M. EST on such dale at which i time all parties Interested will be heard. ; NOTICE IS FURTHER GIVEN that copies of the aforesaid proposed local Law will be available for examination and inspection at the office of the town Clerk of the Town of Wappinger in the Town Hall between the date of this notice and the date o1 the public hear- ing. Elaine 14. Snowden Town Clark Town of Wappinger Dated: Feb. 12, 1982 APFIDAVIT OP PUBLICATION State of New York. 'County of Dutcheu. Town of Wappinger. Gisela Schmitz of the Tpwn of Wappinger. Dutehess County. New Yak. being duly sworn. says that he is. end it the several-.. times hereinafter was. the Bookkee,Reof W. &•S.D. NEWS, a newspaper printed and published every Thursday In the year in the Town of Wappinger. •Dutchcss County. New York, and that the annexed NOTICE was duly published in the said newspaper for .•..9.11P.. week successively... CtUr.e.in each week. commencing on the..2 Ath... day ofFebruar•]ft.. 19.8? and on the following dates thereafter. namely on and ending on the. 4th day of February,,. 19.62 both days inclusive.} - t Subscribed and sworn to before me this....24.tb. day of...,Eebraaaxy Notary Public • My Commission expires