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1983-03-14 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MARCH 14, 1983 1 Supervisor Call Meeting to Order 2. Roll Call PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes 4. REPORTS OF OFFICERS! Town Justices Bldg/Zng Receiver of Taxes Hydrant Report Compt/Supervisor thru Dec. 31, 1982 PETITIONS & COMMUNICATIONS A. Mrs. Marianne Rasch re: petition regarding Quiet Acres Recreation uses B. Don Calkin re: reimbursement for repair of water line on property C. Request from Village of Wappingers Falls to use Town Voting machines for March elections D. Response from Dutc ess Co. Dept. of Public Works re: CR93 (Myers Corners Rd.) Culvert near Lo3ee Rd. E. Responses from: 1. Dutcless Co. Dep. Public.Norks re; Speed licit request for Myers Corners Rd.: 2. New York State DOT re: Traffic lite at Rte 9 -Myers Corners intersection. F. Requests from Hans Gunderud and E. Snowden to attend Conferences, and application available for Dog Control Officers to attend Training School in Cableskill June 19t - 24t. G. Legal Notice of Public Hearing T/W Ping. Bd. re: Eddie Shelley property -Robinson Lane H. R.E. Lapar submission of Short form Environmental Assessment fora for Hunters Creek stream cleaning. I. Correspondence from Attorney to Town re: RV Camp Application J. R. Murph request to become tenant to Mid Point Sewer Dist. with recommendation from Jack Hill ' 6. COMMITTEE REPORTS 7. RESOLUTIONS A. Carmel Heights Tenant to Rockingham Sewer Dist. 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on March 14th, 1983, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:02 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town Kenneth Croshier, Highway Superintendent The meeting began with the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of February 14, 1983 and the Special Meeting of March 7, 1983, having previously been sent to all Board Members, were now placed before them for their consideration. MR. MCCLUSKEY moved that the Minutes of the Regular Meeting of February 14, 1983 and the Special Meeting of March 7, 1983, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Johnson Motion Unanimously Carried Reports were received for the month of February from the Town Justices, Building Inspector/zoning Administrator, Receiver of Ties, Hydrant Report for January and February and the Comptroller/ Supervisor Report through December 31, 1982. MR. JOHNSON moved that the above stated reports be accepted and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried A petition was received from the residents of Quiet Acres with 76 signatures concerning plans for the playground on Helen Drive which they felt should be directed to more activities and programs for the children similiar to those offered in the Summer Program sponsored by the Recreation Commission. There were residents from that area present at the meeting, however, when Mr. Diehl asked for comments from them, none were offered. MR. JOHNSON moved to forward the petition to the Recreation Commission for their review and report to the Town Board. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Don Calkins, 63 Edgehill Drive regarding a water leak at his residence and a request for reimbursement for his expenses to repair the leak. MR. JOHNSON moved to table this matter until the next meeting for further discussion by the Committee. Seconded by Mrs. Mills Motion Unanimously Carried A request was received from the village of Wappingers Falls for the use of three voting machines from the Town for the annual Village election on March 15, 1983. MR. MCCLUSKEY moved to grant permission to the Village of Wappingers Falls for the use of three voting machines for their annual election. Seconded by Mr. Johnson Motion Unanimously Carried A response was received from Mr. Anagnos, Department of Public Works, regarding our letter to him on the enlargement of the culvert on Myers Corners Road in the Losee Road area. His records did not indicate problems with this culvert and the project they would be working on in that area did not include any changes to the culvert. T he Town Clerk and the Engineer had researched the files and found several communications to the County referring to the problems with this culvert and responses to these communications. Mr. Johnson noted that a meeting was planned with David Ruff of Dutchess County Mosquito Control and they would present this documentation to him at that time. Mr. Versace recalled that he, Mr. Lapar and rir. Spratt met at the culvert site about eight years ago and Mr. Spratt indicated that they would attempt to 3 correct the problem. MR. JOHNSON moved to request the Town Clerk and the Engineer to the Town to compilt all pertinent information and forward same to the Town Board for their meeting with Mr. Ruff. Seconded by Mr. McCluskey Motion Unanimously Carried A second response from Mr. Anagnos concerned our request for a speed limit reduction on Myers Corners Road between All Angels Hill Road and Brothers Road and stated that a formal investigation had been initiated and a study would be conducted. MR. JOHNSON moved to receive this communication and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried The New York State Department of Transportation acknowledged our letter to them regarding traffic signal phasing at the intersection of Route 9 and Myers Corners Road and Route 9 and Middlebush Road. MR. MCCLUSKEY moved to receive this communication and place it on file. Seconded by Mr. Johnson Motion Unanimously Carried Requests were received from Mrs. Snowden to attend the New York State Town Clerks Association in Syracuse, New York from April 24th through the 25th, 1983, and from Hans Gunderud to attend the Finger Lakes Building Officials Association School in Rochester, New York from April 25th through April 27th, 1983. Mrs. Snowden also noted that an Animal Control Academy would be held in Cobleskill, New York from June 19th through June 24th, 1983 for the Dog Control Officers. MR. MCCLUSKEY moved that Mrs. Snowden, Mr. Gunderud and the Dog Control Officers be given permission to attend their respective conferences and their legitimate expenses would be a Town charge. Seconded by Mr. Johnson Motion Unanimously Carried A Notice of Public Hearing was received from the Planning Board regarding a proposed six lot subdivision on Robinson Lane. MR. JOHNSON moved to receive this notice and place it on file. Seconded by Mrs. Mills Motion Unanimously Carried The Short Form Environmental Assessment Form for the Hunter's Creek Stream Cleaning Project was received from Mr. Lapar and he indicated that the project has no significant environmental effect. MR. JOHNSON moved to receive the notification and place it on file. Seconded by Mrs. Mills 1/1A — Motion Motion Unanimously Carried A letter was received from the Attorney regarding a special permit for a recreational vehicle camp on Robinson Lane. It was noted by Mr. Johnson that this matter was referred to the Attorney at the last meeting to clarify the section of the Ordinance pertaining to the issuance of special permits; one area of this section specifies that all permits for recreational activities come under the purview of the Town Board. There is presently before the Zoning Board of Appeals, an application for a permit for this recreational vehicle camp. Mr. Adam's letter indicates that the possibility exists that the Zoning Board of Appeals is not the correct agency for the issuance of this permit. Mr. Johnson had contacted the Chairman of the Zoning Board of Appeals on this matter and received a response from her requesting a meeting for next Wednesday at 4 PM for further discussion of this application. MR. JOHNSON moved to receive Mr. Adam's letter and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried Several months ago a request was received from Mr. & Mrs. Robert Murpby to become a tenant to the Mid -Point Sewer District. This was referred to the Dutchess County Department of Health for their approval. Mrs. Snowden informed the Board that she had received a call from Mr. Jack Hill of that department and he explained that he had just come across this referral and he apologized for what seemed to be their ignorance of this request. A communication was subsequently received from the Health Department stating that they had no objection to the Murphy's hooking into the Mid -Point Sewer District as tenants. Mrs. Snowden had advised the Murphys of the conditions of the Tenant Policy and they agreed to same. MR. VERSACE moved that Mr. & Mrs. Murphy be given permission to hook into the Mid -Point Sewer District as tenants to that district. Seconded by Mr. McCluskey Motion Unanimously Carried Under Committee Reports, Mrs. Mills, Landfill Committee reported that the Committee had met with Kenneth Croshier to discuss a Town wide pick-up. They agreed on the last two weeks of April for the East Side and the first two weeks of May for pick-up on the West Side of Route 9. All items with the exception of wood, brush and tires will be picked up at these times. MRS. MILLS moved that authorization be given by the Town Board for advertising in the newspaper giving the pertinent information on the pick-up. Seconded by Mr. Versace Motion Unanimously Carried As of this date, there was no information on when the Castle Point Landfill Site would be open but the Attorney was checking on the availability of the site and would have a report at the next meeting. Mr. Johnson reported that the Town Board has met with pro- spective Fire Inspectors several times and they are in the process of creating a new program. MR. JOHNSON moved that the Attorney prepare the necessary documents 1. to create the position of Fire Inspector under the direction of the Building Inspector, 2. giving the proper author- ization to the Building Inspector and 3. to establish inspection fees. Seconded by Mrs. Mills Motion Unanimously Carried Mr. McCluskey, Building Committee, reported that the Town Board met last week with B & D Contracting Company and were shown pictures of a steel building and the interior layout. The Board viewed this layout, made recommendations and this company will come back with second floor plans. They also met with Mr. Lodie, architect with the engineering arrangements to visit the Town and one of the partners of the firm of Paggi & Martin and made of Newburgh Town Hall with him firm. The layout of this particu- lar building proved to be the most appealing of the ones they have seen so far. MR. MCCLUSKEY moved that the Highway Superintendent be authorized to clear the area at the Middlebush Road site that will encompass the proposed Town Hall and the parking lot, as soon as possible. Seconded by Mrs. Mills Motion Unanimously Carried Mr. McCluskey continued and stated that the Board they would hire an architect and engineering firm of both. No decision has been made but they have agreed that or combination spoken to the firm of Paggi and Martin and to Mr. Lodie and also the man who designed the Town of Newburgh Town Hall. He hoped they would break ground as soon as possible and had hopes that it would be done by the end of the year. He invited comments from the other Board Members since they were all involved. Mr. Versace had received correspondence from Mr. Schaetzl of Central Hudson regarding the relocation of four poles on Montfort Road. He intended to set a meeting within the week with Mr. Schaetzl and Mr. McCluskey (Lighting Committee) at the site so they would see exactly where the poles would be moved to. The following resolution was offered by COUNCILMAN VERSACE who moved its adoption: In the Matter of the Establishment of the Carmel Heights Sewer Improvement District in the Town of Wappinger Pursuant to Article 12-c of the Town Law WHEREAS, the Town Board of the Town of Wappinger previously duly adopted a resolution directing the Engineer to the Town to supervise the preparation of a plan, report and map for providing a sewer improvement in an area of the Town of Wappinger as here- inafter described, and WHEREAS, after the said Engineer to the Town duly filed said plan, report and map in the office of the Town Clerk of the Town of Wappinger, the said Town Board did, on February 14, 1983, duly adopt bounaaries of the proposed benefitted area, the maximum amount proposed to be expended for the improvement, the proposed method of apportioning the costs of such improvement, the proposed method of financing to be employed, the fact that a plan, map and report describing the same are on file in the Town Clerk's Office for public inspection and specifying that said Town Board shall meet at the Town Hall on the 14th day of March, 1983 for the purposes of conducting a public hearing on such proposal to provide said improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, copies of said order were duly published and posted according to law, and said Town Board did, at the time and place specified in said order, duly meet and consider such proposal and heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and WHEREAS, the evidence offered at such time and place requires that the Town Board make the determination hereinafter made; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) It is in the public interest to provide the sewer improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve and authorize the construction of sewer transmission lines together with necessary appurtenances as more fully described in the report of the Engineer to the Town in the area of the Town of Wappinger described in the annexed Schedule A, herein incorporated by reference, and be it FURTHER RESOLVED, that the proposed improvements, including costs of rights of way, construction costs, legal fees and other expenses shall be financed as provided by agreement between the Town and the developer, said agreement dated October 13, 1982, which provides in part that all costs associated with the forma- tion of the district including but not limited to improvements necessary therefore, shall be borne by the developer -applicant. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays *Schedule A is attached hereto and made part thereof of the Minutes of this Meeting. A drainage problem on the Engley property on Losee Road had been referred to Mr. Lapar at a previous meeting and at this time Mr. Versace asked Mr. Lapar if he had a report on the problem. Mr. Lapar responded that he had set up a meeting with Mr. Engley but he did not show up, however, he would set another meeting and pursue the matter. Mr. Versace then asked Mr. Adams the status on the Atlas Water Contract; Mr. Adams was still working on the matter and hoped to have a report at the next meeting. The next subject Mr. Versace asked about was the Serenity Mission court case; Mr. Adams informed him the briefs were filed and were waiting for a date in the court of appeals in Brooklyn. Another item Mr. Versace brought up for discussion was the Pondview Subdivision; they intend to develop the remaining lots in that area and are presently installing storm sewer and water and sewer lines and he assumed that they will be applying for building permits in the very near future. As far as he knew, they have not paid inspection fees or downstream drainage fees and before building permits are issued, these fees would have to be paid. He suggested that they meet with the owners and their attorney to discuss this matter and requested the Attorney to contact them and invite them to the March 28th work shop. Mr. Versace then asked the Ordinance Committee if they had made any progress on the "Mother -Daughter" situation. Mr. Johnson replied that he had four pages of restrictions ready for Mr. Adams to prepare an Ordinance on this matter. Mr. Diehl wrote to the Ordinance Committee regarding "signs", specifically the Stage Door building and Mr. Johnson informed him that they had met with the Zoning Boardof Appeals and discussed this matter. It was agreed at that meeting that if the Zoning Board wanted changes on that section they would contact the Ordinance Committee. Mr. Johnson said he would check with them again. Correspondence was received from Mr. Adams regarding passing on fees to the applicant in zoning matters and Mr. Versace asked what the procedure would be to implement these fees. Mr. Adams replied that he was working on it and it would require amendments to the Zoning Ordinance. MR. VERSACE moved to refer this matter back to the Attorney to prepare the necessary resolution. Seconded by Mr. Johnson Motion Unanimously Carried There was no other business to come before the Board. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mrs. Mills and unanimously carried. The Meeting adjourned at 8:40 P.M. Reg. Mtg. 3/14/83 a-81Ara.1, Elaine H. Snowden Town Clerk