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1981-09-14 RGMr The Regular Meeting of the Town Board of the Town of Wappinger was held on September 14, 1981 at 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 Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Bernice Mills, Councilwoman Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town At Mr. Diehl's request, all stood and said the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of August 10, 1981 and the Special Meetings of July 22 and August 24, 1981, having previously been sent to all Board Members, were now placed before them for their consideration. . MRS. REILLY moved that the Minutes of. August $� „3� 22.,: and August 24, 1981, be and the are her., , g y • per` �ppx�ov�c�,subinit'tec�. by the Town Clerk. Seconded by Mr. Johnson Motion Unanimousrl Reports for the month of August were received from the Townr:A r Justices, Building Inspector/Zoning Administrator and the Highway Superintendent's Hydrant Report, and the Supervisor/Comptroller Report through July 34..-1981. MR. JOHNSON moved to xecette the reports and place. them on file. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Diehl had previously requested that the subject of Oakwood Knolls Sewer Plant emergency problems be discussed first or the agenda. The following letter was read on this subject: September 10, 1981 Town Board Town of Wappinger Mill St. Wappingers Falls, NY 12590 Re: Oakwood Sewer Plant Dear Board Members: The September 9, 1981 letter on subject if firm and work (fin part) is being completed this date, that is three (3) sections of a four (4) section unit of Bio -Discs are in working condition, which provides partial operation for the plant under emergency conditions. This leaves a reconditioning of disc 4 to complete the total of this units four (4) sections. We will refer to this four (4) section Bio -Disc unit as (B). Now, we go to Unit (A), which also has four (4) sections, all of which are down and out of order, needing new parts and repairs, removal and replacement. In regard to Oakwood Plant at present and immediate future, I met at 10:00 A.M. today with Mr. Jack Hill, Dutchess County Health Department and his staff, Michael Tremper, George Cacchio and Rudy Leper in discussing and resolving current problems at Oakwood. To finalize what decisions were arrived at are as follows: Supervisor Diehl, will introduce at the September 14th Town Board Meeting, that necessary material be purchased (no bid requirements) and contract be awarded to install and make immediate necessary corrections and improvements, upon receipt of equipment and parts. It would appear to me and I recommend Camo Pollution Control be awarded contract, as the most familiar, available and experienced company to comply. Mr. Hill concurred with this procedure and will support my direction and resolutions, with an emergency order to provide ability to eliminate a time consuming procedure of bidding. At the same meeting an additional problem was discussed, the number three(3) filter is now inoperable and creates a problem of odor and potential possible health hazard. This specific filter and installation has been estimated at approximately $3,000.00 and becomes part of my resolution to purchase necessary parts and install. Again, I recommend Camo Pollution Control as the logical contractor to award work to. Again, this has support and emergency orders of Mr. Hill and work on this part to be completed in approx- imately fifteen (15) days. • As you know, the Town approximately a month ago provided funds for most of this work and went to legal bid. As you know, no one responded to bidding procedure, sd we are now back to zero. This is reason to go to immediate mmergency directions, which was done in my September 9, 1981 letter and along with todays meeting, we (the ToWn) haVe;received positive support of the Dutchess County Health Depart1itent, this date verbally and to be backed up immediately by letter. As you also know, up- tofew days ago, plant was in acceptable partial operation, at which time the partial operation broke down, leaving the system with complete manual operation. All of this, created the necessary immediate emergency orders, which are in process of immediate repairs. Again this date, three (3) units of section (B) are now back in operation and acceptable partial operation are in affect. Very truly yours, s/ Louis Diehl, Supr. Mr. Cacchio and Mr. Tremper from Camo Pollution Control were present at the meeting and spoke on the work that had to be done at Oakwood and the time it would take once the parts were received. Mr. Diehl remarked that Mr. Hill from the Health Department wanted everything in full operation, not partial. Mr. Versace then discussed the "odor" problem at Oakwood and commented that he hoped this would be taken care of after this work was done since it was a lot of money they were expending. Mr. Tremper informed him that the money they were talking about tonight would solve the odor in the discs, but not in the holding tanks; there was no way they could guarantee that there would be no odor after this expenditure; it could be minimized, but if they were talking about no odor at all, this is an engineering problem and could be a costly one to remedy. John Rooney, a resident of Oakwood Knolls, being recognized by the Chair, told Mr. Diehl he had called him several times but Mr. Diehl had never returned his calls; he went on to say that the only reason the Board was concerned about the odor in Oakwood was because last week this odor reached the vicinity of Waldbaums --- otherwise when the wind blows the other way the odor goes into the woods where nobody can smell it but the residents of Oakwood. Mr. Johnson then explained the sequence of events in regard to the repairs at Oakwood including the fact that there were no bidders on the contract to repair the discs, now the Board is to the point where the work will be done under an emergency situation. MR. DIEHL moved that Camo Pollution Control be directed to do the necessary work at the Oakwood Knolls Sewer Plant, as stated in his letter of September 10, 1981, to put the plant in 100% operation and further moved that Mr. Lapar be directed to purchase equipment necessary without going through the bidding procedures. Seconded by Mr. Versace 41111 Motion Unanimously Carried Mr. Johnson then asked Mr. Lapar to check on the replacement of the hardware on this equipment as he had done previously. Mr. Lapar replied that he had already asked and had received a negative reply from the company, however, Mr. Johnson asked him to try one more time. Mr. Jerard Hankin, Attorney representing the Blooming Grove Associates, was present to discuss the road bond for the subdivision. This matter was also discussed at a previous meeting and it seemed the only problem was the condition of the tree planting for each lot. Mr. Hankin had contacted his client and now presented an offer to the Board for their consideration, which was a monetary offer of $50.00 to each lot owner (he mentioned the number of 29 lots) in place of the trees. Mr. Johnson felt that this offer might be considered by the Board if the residents would sign a waiver stating that the money would be acceptable in lieu of tree planting; however, a problem would still exist if just one resident did not agree to the offer. The discussion ended at that point and the Board took no action to accept the roads of that subdivision, but it was indicated to Mr. Hankin that either the trees be planted or the monetary offer be accepted unanimously by the residents before approval was granted by the Town Board. A petition was received from James Klein for the establishment of a Conservation Park District in his Fieldstone Subdivision. It was discussed by the Board and they determined that more imput was needed from the Recreation Commission regarding the priority work to be done at the recreation area. Mr. Diehl asked that Mr. Maurer be notified of the information they would need and a date be set for discussion between all departments involved. MR. VERSACE moved that Mr. Maurer, Chairman of the Recreation Commission, Mr. Fanuele, Chairman of the Planning Board and Mr. Klein be invited to attend the work shop session on September 28, 1981 at 7:30 P.M. and Mr. Maurer be informed that he should have prior discussion of this matter with the Commission and have specific recommendations to submit to the Town Board for recreation in the Spook Hill area. Seaonded by Mr. Johnson Motion Unanimously Carried The petition received from Mr. Klein reads as follows: Petition for the Establishment of Field Stone Conservation Park District in the Town of Wappinger, Dutchess County, New York To the Town Board of the Town of Wappinger: The undersigned, being the sole owner of taxable real property situate in the proposed Conservation Park District hereinafter described, and owning all of the assessed valuation of all the taxable real property of said proposed district, as shown upon the latest completed assessment roll of said town, does hereby petition the Town Board Of the Town of Wappinger to establish a conservation park district in the territory hereinafter described, which is located in the Town of Wappinger, County of Dutchess and State.of New York, outside of any incorporated Village and wholly within the said Town of Wappinger and which proposed district to be known as FIELD STONE CONSERVATION PARK DISTRICT is more fully described on the annexed shcedule. Attached hereto are maps showing the boundaries of the proposed Conservation Park District. Said maps have been prepared by a competent engineer duly licensed by the State of New York. The projected annual cost to be expended for the improve- ment is $1,000.00 and petitioner will pay the first year's annual cost. IN WITNESS WHEREOF, the undersigned, a partnerhsip, as sole owner of all of the assessed valuation of real property owned in the area comprising said proposed Conservation Park District has duly caused this petition to be executed on its behalf. MR. JOHNSON moved to accept the petition from Mr. Klein and direct the Attorney to prepare the necessary resolution to set a public hearing on the establishment of the Conservation Park District. Seconded by Mr. Versace Motion Unanimously Carried At the last Town Board meeting, Mrs. Mary Stein had appeared before the Board to voice a complaint on water charges on metered customers in the Central Wappinger Water Improvement Area and the matter had been referred to the Attorney for research. Mrs. Stein was present at this meeting to receive the Attorney's report on this matter. The following report was received from the Attorney: September 14, 1981 Town Board Town of Wappinger Wappingers Falls, New York 12590 Re: Letter of Mary Stein Dear Members of the Board: You have asked us to review comments of Mrs. Stein relative to residential water rates in the Central Wappinger Water Improvement Area, and in particular, you have asked us to review the comments made by her at the last meeting which for the first time suggested to us that she was questioning the content or language of the resolution adopted on February 24, 1976. We are in the process of reviewing this matter and have not been able to come to any final conclusions at this time. However, I would note as the preliminary basis that my interpretation of the content of the resolution is not that suggested by Mrs. Stein, as I read the resolution to be one increasing quarterly rates in metered areas, in areas where the meter is not functioning, or in areas not having a meter. This is a preliminary interpretation as we are still collecting information as to the manner in which that resolution was adopted. However, should that information disclose that a $12.75 per quarter charge was uniformly applied as a minimum water rate in all metered areas of the water district, it would appear that such implementation would add further credence to that inter- pretation. As you know, the courts are inclined to give great weight to the interpretation of the administrative agency charged with implementing their rules and regulations. The interpreta- tion attributed to that by the steps taken by the town could have a significant impact upon our interpretation. After we have been able to collect the additional information needed by us, we will further report to you. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams Mrs. Stein answered this letter by saying that the English language was very clear in this matter and quoted from the February 24, 1976 meeting 'Mr. Ryan recommended that, effective immediately, all those users in Central Wappinger Water Improvement who are in a metered area, whose meter is not functioning or does not have a meter, their fee be raised to $12.75 per quarter". Mrs. Stein repeated --- users in metered area, whose meter is not functioning, or does not have functioning a meter; it does not she emphasized refer to those withAmeters. She also claimed that in the matter of the courts being inclined to give great weight to the interpretation of the administrative agency charged with implementing their rules and regulations, that would be so provided that it has a credibility to it and in this case the interpretation that Mr. Adams is placing upon that particular paragraph is not relavant to her argument. Mr. Diehl said he was not at that meeting, he was in the hospital at the time, but if his memory served him correctly, the intent was a minimum charge of $12.75. Mrs. Stein argued that point and went a step further by stating that she had reviewed her bills since 1975 after the local law was adopted stating that the minimum rate for metered homes was $9.00 plus $.50 per hundred cubic feet, and found by checking the mathematics when her water was over the minimum charge, it was based on $9.00 minimum, when it was not over the minimum gallon charge, it was based on $12.75. Mr. Johnson said he had been at that meeting but honestly did not remember the circumstances but he had been doing some checking to find a logical solution to the problem. He understond that prior to February of 1976, the water department was billing the $9.00 minimum charge using a minimum gallonage of approximately 13,000 gallons per quarter, since that time using the minimum rate of $12.75, they have been using the minimum gallonage of 19,000+ , 7-- his point was with the increase in the minimum rate, there was also an increase in the minimum gallonage. He went on to say whichever way it was decided, there was one horrendous problem should any adjustments have to be made and that would be that every bill from every resident would have to be checked to find out who went over the minimum; the net result to the district could be a tremendous financial loss and there could be a possibility that there would have to be a rate increase to cover that loss. This prompted a discussion by Mrs. Stein on the inequity of the billing system for metered and non -metered customers, since the non -metered ones had the advantage of using as much water as they wanted for the same price. Going back to the matter ot issue, her suggestion was to put the burden on the customers of CWWIA with functioning meters, and have them come forward and have their bill adjusted. Mr. Versace then spoke and said that he agreed with MSS. Stein at the previous meeting and he agreed with her now and he felt it should not be dragged on but the woman should be given an answer. He had checked the records thoroughly in the Town Hall and nowhere could he find that this rate was properly changed from $9.00 to $12.75 minimum rate for metered users. He felt that this was not the meaning of the resolution made at the February 24, 1976 meeting, but rather that everyone was paying a $9.00 minimum when the district was formed and when it was discovered that there were so many broken meters and so many homes that did not have meters, the Board felt they had to bring in more revenue and the realistic way was to raise the minimum rate on the non - metered customers to equalize the charge. Mr. Diehl pointed out that no matter how much discussion and debating they had tonight, it could not be solved at this meeting and needed more research on the part of the Attorney; when they receive the proper information, they will consider action on the matter and he hoped it would be in the immediate near future. Mrs. C. Yacovelli, 15 Cady Lane in the Town of Wappinger wrote to the Board regarding problems she was having regarding construction irregularities in her new house. She had contacted the Building Inspector and enclosed a list of her problems and she was now asking the Town Board to take action in resolving these problems. Mr. Diehl felt this matter would be a civil matter between Mrs. Yacovelli and the builder, but since Mr. Gunderud was involved, a report would be needed from him. MR. JOHNSON moved to refer the matter to Mr. Gunderud and ask for an update on the problem and notify Mrs. Yacovelli of this action. Seconded by Mrs. Reilly Motion Unanimously Carried A report was received from Mr. Horton on the July Clean-up Days which consisted of three Saturdays in July and one in August when the residents of the Town could bring debris to the landfill site at Castle Point. He said it was a huge success and the residents felt this could be repeated every three months or more frequent, if possible, and that the metal clean-up could be conducted in the same manner, with the town garage as the depot. Mr. Johnson, Landfill Committee, said it was mentioned at an earlier meeting that the Town would have a metal pick-up and Mrs. Mills had discussed an October date with the Highway Superintendent. It was decided that pickup on the East Side would start on October 19th and on the West Side, October 26th, and the appropriate ad would be put in the paper. A communication was received from the Attorney regarding efforts presently being undertaken by Beacon to verify revenue reports of the U. S. Cablevision Corporation. Mr. Cortellino, Chairman of the Town's Cable Committee was present and elaborated on this subject. The Town, under the franchise agreement with this company, was entitled to certain revenues, and the city of Beacon, in an attempt to check on their revenues, sent a member of their cable committee and one of the City Officials to Rhode Island; it seems the City was entitled to possibly $40,000.00 from the cable company and depending on how our franchise reads, our Town could also profit from such an investigation. He recommended, as did the Attorney, that the Town join Beacon in their efforts to verify the accuracy of the income figures. He also mentioned that he had a name to offer for appointment to the Cable Committee and Mr. Johnson said he also had a name to offer. MR. JOHNSON moved to appoint Richard Gunthert, 7 Gary Place, and Edmund Skorynko, 8 Dorett Drive as members of the Town of Wappinger Cable Committee. Seconded by Mrs. Reilly Al Motion Unanimously Carried MR. JOHNSON moved that the Cable Committee be authorized to investigate the various franchise charges and work with Mr. Adams in reading the contract for possible violations. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Mr. Adams transmitting to the Board, at the request of Reed & Reed, attorneys for Klein and Alexander, his request that a certain notation on a plat of their plot subdivision describing an appeal of Atlas Water Company, be removed because that appellant had not diligently prosecuted the appeal. Mr. Adams told the Board no further action was required on their part. MR. JOHNSON moved to receive this communication and place it on file. Seconded by Mrs. Reilly Motion Unanimously Carried A Notice of Public Hearing was received from the Town Board of the Town of Poughkeepsie on a rezoning application from owners of the Dutchess Medical Building on South Road. MR. JOHNSON moved to receive this notice and place it on file. Seconded by Mrs. Reilly Motion Unanimously Carried The Town Clerk was served with thirteen (13) Tax Certioraris, (these represent 7 property owners) during the month of August. MRS. REILLY moved that these Tax Certioraris be referred to the law firm of Rosen Crane and Wolfson to defend on behalf of the Town of Wappinger. Seconded by Mr. Johnson Motion Unanimously Carried A memo was received from Mr. Cuatt informing the Board that the tentative budget for 1982 must be presented to the Town Clerk no later than September 30th, 1981, and she, in turn, must present this budget to the Town Board no later than October 5, 1981. He recommended setting a special meeting for this purpose on October 5, 1981 at 4:00 P.M. MR. DIEHL moved to set a Special Meeting for October 5, 1981 at 7:00 P.M. at Town Hall, for the sole purpose of accepting the Tentative Budget. Seconded by Mrs. Reilly Motion Unanimously Carried The regular meeting of the Town Board in October falls on Columbus Day which is a Town Holiday; at this time the Town Clerk asked the Town Board if they cared to consider setting another date. MR. JOHNSON moved to change the date of the regular meeting date of the Town Board from October 12th to October 14th, 1981. Seconded by Mr. Versace Motion Unanimously Carried A survey of the Highway Department road was done by Mr. Lapar and it was found there could possibly be room for additional parking at Justice Court, depending on the cost of curbing the area. Mr. Johnson requested that Mr. Lapar forward a rough estimate of the cost of curbing this area to the Town Board for their consideration. The following resolution was introduced by COUNCILMAN VERSACE who moved its adoption: WHEREAS, the Town of Wappinger has adopted, on July 13, 1981 Local Law No. 6 of 1981 which provides for the prohibition of members of the Town Board from casting votes which would permit continuation of the Town of Wappinger as a member of Tri -Municipal Commission, pursuant to Article 3, Section 23-2f of the Municipal Home Rule Law, and WHEREAS, THE ADOPTION OF SUCH LOCAL LAW is subject to the vote of the electors of the Town of Wappinger at a mandatory referendum, and WHEREAS, the Town Clerk has transmitted to the Town Board the form of a proposition to be considered by the electors, NOW, THEREFORE, BE IT RESOLVED, that the following proposi- tion shall be submitted to the voters of the Town of Wappinger at a Special Election to be held at the time of the annual election on November 3rd, 1981: PROPOSITION SHALL A LOCAL LAW OF 1981 ADOPTED BY THE TOWN BOARD OF THE TOWN OF WAPPINGER WHICH PROHIBITS INDIVIDUAL TOWN BOARD MEMBERS FROM GRANTING APPROVAL TO FURTHER PARTICIPATION OF THE TOWN IN TRI -MUNICIPAL BE APPROVED? BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Wappinger is hereby authorized and directed to submit the above proposition to the Board of Elections of the County of Dutchess so that said proposition may be acted upon at the annual election to be held on November 3rd, 1981. Said election shall be con- ducted upon machine ballots, and the polling places shall be those provided for at the annual town election to be held on November 3rd, 1981, as follows: POLLING PLACE LOCATION Remsen Ave. Wappinger Jr. High Ketcham High School New Hackensack Church. Christian Education Ctr. New Hackensack Fire House Myers Corners Elementary School Hughsonville Fire House Chelsea School House Mt. Hope Grange Wappinger Jr. High The polls shall be open 9:00 P.M. Myers Corners Rd. Route 376 Myers Corners Rd. DISTRICT 4 (exclusive of Village of Wappingers Falls 5, 7 and 8 6 and 21 9 and 20 Myers Corners Rd. 10, 17 Old Hopewell Rd. 11, 12 Liberty St. Chelsea 14 and Myers Corners Rd. 19 Remsen Ave. 13 and 18 and 16 15 between the hours of 6:00 A.M. and The Election Inspectors and ballot clerks shall be those designated by the Board of Elections pursuant to the provision of the Election Law to serve for the general election for 1981. Seconded by: Supervisor Diehl I Roll Call Vote: Supervisor Diehl Aye Councilman Johnson Nay Councilwoman Mills Absent Councilwoman Reilly Nay Councilman Versace Aye Resolution Defeated Mr. Johnson stated before the vote was taken, that he could not support the Local Law because of the language, and he finds this resolution even more offensive and could not support it. It reads to him that the Town should be forever forbidden from participating in any central sewer district that ever is, and he could not vote for that. Mrs. Reilly felt the same way and said she could not support this resolution. Mr. Versace then asked the Attorney if this would mean that the proposition would not appear on the ballot at the November election; Mr. Adams replied that if it did not pass tonight and they chose to put it to a vote again when a full Board was present, the deadline for it to reach the Board of Elections was October 3, 1981 in order to appear on the ballot. After a discussion between Mr. Johnson and Mr. Versace on this matter, Mr. Diehl said he would call a special meeting for the full Board to vote on this resolution in time for it to appear on the ballot, and he would announce it as soon as he finalized the date. Mr. Lapar sent a report on the bid for Refurbishing Wells #1 and ##2 at the Hilltop Field which was from Stephen B. Church Company in the amount of $22,930.00; this figure included additional items not included in the original bid which were 1. Item C Television Inspection of Wells, 2. Item D - Installation of New Well Screens, and 3. Item H - Demobilization. MR. JOHNSON moved that the bid for Refurbishing Wells ##1 and #2 be awarded to Stephen B. Church Company for a total cost of $22,930.00 and further that the Dutchess County Department of Health and the New York State Department of Environmental Conservation be notified of this action and the Supervisor be authorized to sign the contract. Seconded by Mrs. Reilly Motion Unanimously Carried The following report was received from Mr. Lapar September 8, 1981 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: 2-21" Test Wells for CWWI on Vorndran Property Dear Board Members: We have received only one bid on the above captioned project, although several organizations were contacted by mail and by phone. Since the one bid is in line with our previous estimate, and this work is most critical, we recommend the S. B. Church Co., at a total bid of $3,180.00, be awarded the contract. We have enclosed a copy of the bid for your perusal. Very truly yours, s/ Rudolph E. Lapar Engineer to the CWWI MR. JOHNSON MOVED that the bid for Testing Wells be awarded to the Stephen B. Church Co., at a total cost of $3,180.00 and the Supervisor be authorized to sign the contract. Seconded by Mrs. Reilly Roll Call Vote: 3 Ayes Mr. Versace ---Nay nc September 8, 1981 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Palmateer House Connection Central Wappinger Water Imp. Dear Board Members: On September 2, 1981, we received two bids on the above captioned house connection. They are as follows: George Angel & Son Contracting, Inc. B & D Excavation Corp. $2,050.00 3,100.00 We recommend that the low bid of George Angel & Son Con- tracting, Inc., be awarded to him. We have checked the bid and it is in order. We Have enclosed copies of the bids received for your perusal. Very truly yours, s/Rudolph E. Lapar Engineer to CWWI There were two water connections in Serenity Mission Development, that the Town was considering hooking into the system, if the residents requested this service from the Town and the Board felt they should first determine if they were going ahead with these hookups before awarding the bid, since they were all in the same area. Letters had been sent to the two residents in Serenity Mission requesting that if they were interested in hooking into the town water system they should inform the Town Board of this fact, however, no response had been received. MR. JOHNSON moved that a letter be sent to the two homeowners in Serenity Mission, by registered mail, return receipt, stating that if they have any intention of hooking into the town water system, please inform the Town Board of this intent within ten days. Seconded by Mrs. Reilly Motion Unanimously Carried MR. JOHNSON moved to table the bid from George Angel & Son Contracting, Inc. on the Palmateer House Connection at this time. Seconded by Mrs. Reilly Motion Unanimously Carried The Recreation Land Deed for the Klein and Alexander property on All Angels Hill Road, having previously been received by the Town Clerk, was now placed before the Town Board for their consideration, however Mr. Adams did not recommend action at this time. MR. JOHNSON moved to table action on the acceptance of this deed. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Mr. Adams regarding "Park District, Suggested Guidelines". The Town Board had decided previously to discuss this at their September workshop. MR. JOHNSON moved that this matter be tabled until the work shop session of the Town Board on September 28th, 1981, for further discussion. Seconded by Mrs. Reilly Motion Unanimously Carried An information letter was received from Mr. Adams regarding a resolution on the Oakwood Knolls Sewer Plant which was already adopted by the Town Board. MR. JOHNSON moved to receive this communication and place it on file. Seconded by Mr. Versace Motion Unanimously Carried A request for rezoning was received from Attorney Frank Carletta, representing Alberto Gyomai for the Hickman Property on All Angels Road and Park Hill Drive, from residential to NB zoning. MR. JOHNSON moved to refer this request to the Ordinance Committee for their review and recommendation. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Benjamin Roosa, Jr. Attorney for Sharon Karlic wrote to the Board concerning a previous request for rezoning their property on Route 376. They had been running a produce business, however they were in violation since the property had not been zoned for this type of business and had been informed of this by our Zoning Administrator. Mr. Johnson indicated that this application had been previously discussed at a Town Board work session and the Board had, at that time, agreed that this single parcel is in a Planned Industry zone which does not permit General Business, and it would be presumptive spot zoning. MR. JOHNSON moved that this request be denied based on the prior work shop discussion that the parcel is within a Planned Industry zone, and the applicant be so notified. Seconded by Mrs. Reilly Motion Unanimously Carried The Zoning Board of Appeals had requested the Town Board to give an interpretation on one of their appeals and Mr. Johnson did not recall that they had addressed this appeal; the letter from them was dated August llth, 1981 on their Appeal #558. He did not have a copy of the letter and asked the Town Clerk to provide one for the members to discuss at their work shop session. 9 Mr. Versace then asked the Attorney about the court date for Serenity Mission road bond and was told the trial was set for September 24, 1981. MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Reilly and unanimously carried. The meeting adjourned at 10:10 OAkkej- Elaine H. Snowden Town Clerk Reg. Mtg. 9/14/81 1