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1979-12-10 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER DECEMBER 10, 1979 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS: 91 Town Justices Receiver of Taxes Bldg/Zng Hydrant Report 5. PETITIONS & COMMUNICATIONS a. Mr. W. Leczinski, Jr. re: reimbursement for Roto -Rooter (RFSD - Blocked lines) b. Peter Sarubbi re:.offer for Town owned bldg. on Rte 9 -Village c. John Kloepfer request to install radio antennae for Sloper-Willen onMaxwell Place water toner d. James Glorioso, Spook Hill Rd., requesting some type of Highway barrier.for property protection e. Joseph Ruscitti, Inc., requests release of 5% retainage -White Gates Meter Pit Contract f. Jack .R. Hill response on Airport Balefill operation g. R.E. Lapar Cost estimate for Bel -Aire Storm Sewer h. CATV application for Franchise w/ J.H.dams review i. Attorney to the Tann Recommendation re: Spring Hill Development Bonds j. Attorney to the To;•rn suggestion regarding future Performance Bonds 6.• REPORTS OF COMMITTEES 7. RESOLUTIONS a. Adoption of Benefit Assessment Rolls for Water & Sewer Dists. b. DOT resolution re: Railroad Grade Crossing Warning Signs c. Vacancy on Bo rd of Assessment Review d. Proposed Ordinance for Water & Sewer Repairs e. Propose amendment to Local Law #5-'75 - Commercial Rates, CWW f. Comptrollers request for Transfers 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT 9 The Regular Meeting of the Town Board of the Town of Wappinger was held on December 10, 1979, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:06 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine Snowden, Town Clerk Others Present: Jon Holden Adams Mr. Diehl recognized a group of Cub Scouts and their leaders who were present at the meeting, and asked that they come forward and lead the congregation in a salute to the flag. All stood and saluted the American Flag. The Minutes of the Regular Meeting of November 14, 1979 and the Special Meeting of November 19, 1979, having been previously sent to the Board Members, were now placed before them for their consideration. Mrs. Milts noted that on the Special Meeting, there was a resolution, moved by Councilwoman Reilly and seconded by Councilwoman Reilly, and also on the Regular Meeting on the motion_,kof Mrs. Mill's on the pickup hours of the carters, this was also seconded by Mrs. Mills. MRS. MILLS moved that the Minutes of the Regular Meeting of November 14, 1979 and the Special Meeting of November 19, 1979, be approved with the corrections made as noted, as submitted by the Town Clerk. Seconded by Mrs. Reilly. Motion Unanimously Carried Reports were received for the month of November from the Town Justices, Building Inspector and Zoning Administrator and Hydrant Report from the Highway Superintendent and for the months of October and November from the Receiver of Taxes. MtIR. JOHNSON moved that the reports for the month of November from the Town Justices, Building Inspector, Zoning Administrator and Hydrant Report from the Highway Superintendent and the report for the months of October and November from the Receiver of Taxes, be accepted andplaced on file. Seconded by Mrs. Mills Motion Unanimously Carried The first communication was received from Mr. W. Leczinski, Jr. requesting reimbursement of $39.20 which he had expended for the use of a Roto Rooter Machine when the sewerage pipe backed up into his basement. Camo Pollution Control had confirmed that the problem was on the Town property and therefore the Town's responsibility. MR. JENSEN moved that the sum of $39.20 be reimbursed to Mr. W. Leczinski, Jr. which he expended for the use of a Roto Rooter Machine when he experienced sewer blockage in his basement and upon recommendation of Camo Pollution Control it is the respon- sibility of the Town. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Peter Sarubbi, President of the Associated Warehouse Outlet, tenant of the Town Building on Route 9, had previously written to the Town Board requesting them to consider selling this building to him. He was now offering the sum of $5,000 for the purchase of said building. MR. JENSEN moved that this communication be received and placed on file and the offer be declined and Mr. Sarubbi be notified of this action. Seconded by Mr. Johnson Motion Unanimously Carried A request was received from Mr. John Kloepfer, Chief of Si.oper- Willen Community Ambulance Servicze for permission to install a radio antennae at the water tower located at Maxwell Place in the Rockingham Farms Development. L The following memo was received from Mr. Lapar regarding this subject: Memo To: Louis D. Diehl, Supervisor From: Rudolph E. Lapar, P.E. Re: Sloper Willen Radio Antenna at Rockingham Date: December 5, 1979 As'long as the installation does not interfere with the operation of the pump, etc. It should be remembered that the Town has had much trouble in the past with stray currents, etc. In addition, the Town should have some assurance that no stray current will cause the water tank to deteriordB at a faster than normal rate as a result of the antenna's installation. S/ Rudolph E. Lapar, P.E. Mr. Johnson noted that the stray currents that Mr. Lapar was referring to were on the communication system that governs and records the level of water in the tank. The deterioration that is referred to would be from rust from electric currents. He felt that Sloper-Willen should look into this matter and have an engineer's report to assure the Town that this deterioration would be prevented. MR. JOHNSON moved that the letters be received and placed on file and Sloper-Willen Ambulance Service be requested to have an engineer prepare a report that will assure the Town that deterioration of the tank and interference with the communication center will be prevented. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from James Glorioso residing at 18 Nancyaleen Drive and Spook Hill Road, complaining of a dangerous curve at this intersection. He said he did not realize the problem was so bad until he lived in the house especially during the summer months when traffic was heavy. He spoke to Mr. Horton and asked for some type of highway improvement or perhaps a barrier or guard rail could be installed. He cited accidents that had occurred at this inter- section and asked for protection and help from the Town. The following memo was received from Mr. Horton regarding this matter: 9 Memo To: Louis D. Diehl From: William P. Horton Subject: Letter from James A. Glorioso, 18 Nancyaleen Drive, Re: Dangerous curve Dated: December 10, 1979 The above curve had creosote posts installed around the outer edge up until the time of construction of Mr. Glorioso's house, at which time they were removed by the devebper. It is my intention to again place creosote posts as markers for the curve. I am currently awaiting Central Hudson and New York Telephone to mark their underground utilities. For reasons of highway safety any posts must be of a break -away design. Consequently, cars will still be able to land on the lawn of the Glorioso residence if they fail to negotiate the curve. The posts will merely better define the curve. MR. JENSEN moved that a copy of Mr. Horton's letter stating the corrective action he is taking for the protection of Mr. Gorioso's property, be sent to Mr. Glorioso. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Joseph Ruscitti requesting release of the 5% retainage fee on White Gates Meter Pit Contract. Mr. Diehl requested that this request be tabled until the next meeting since a report had not been received from the Engineer on this matter. The following letter was received from Mr. Jack Hill, Public Health Administrator regarding the balefill site at the airpbrt: November 27, 1979 Mr. Louis D. Diehl, Supervisor Town of Wappinger Town Offices Mill Street Wappingers Falls, N.Y. 12590 Re: Airport Balefill T. Wappinger Dear Mr. Diehl: I am writing in response to the letter of October 22, 1979 from Elaine H. Snowden, Town Clerk to Mrs. Lucille Pattison relative to potential pollution at the balefill solid waste disposal site at the airport. This site was operated by theDutchess County Department of Solid Waste Management under permit issued by the New York State Depart- ment of Environmental Conservation, as required by Part 360 of the New York State Environmental Conservation Law. 9G This site has been developed in accordance with approved engineering plans and specifications, and had been inspected frequently by representatives of the Dutchess County Health Department to enforce compliance with operational requirements. Following closure of the site, Health Department personnel have continued to monitor this facility to ensure that no environmental problems develop. A thick vegetative growth exists over the final cover layer over the entire site. The latest Health Department inspection, conducted November 23, 1979, indicated that no problems exist at this site. Should you have any questions, please call the writer at 485-9820. Very truly yours, s/ Jack R. Hill, Public Health Administrator Div. of Environ. Health Services Mr. Fred Lafko, being recognized by the Chair, disagreed with Mr. Hill and stated that at 5 P.M. this day, there were two bales of garbage sticking out at the north end close to the creek. He further noted that this site does not meet Department of Environ- mental Conservation specifications. MR. DIEHL moved that, subject to verification of uncovered bales by the Town Highway Superintendent, a letter be sent to Mr. Hill requesting that another inspection be made by his department together with members of the Town Board, and if it is determined that these conditions do exist, immediate corrective action be taken by the Dutchess County Health Department; and further that a review be made of the balefill site to determine adherence to specifications set by the Department of Environmental Conservation. Seconded by Mrs. Mills. Motion Unanimously Carried A cost estimate was received from Mr. Lapar for Bel -Aire Storm Sewer, as requested by the Town Board at a previous meeting. Mr. Diehl asked that Mr. Lapar be requested to provide to Mr. Horton, Highway Superintendent and the Town Board, a detailed map of the exact work he intends to do on the Bel -Aire Storm Sewer project. He would like this map furnished at the earliest possible time so the Board could act on this project at the next meeting. At the last meeting, an application was received from U. S. Cablevision Corp. for a renewal and amendment of the cable television franchise and was referred to Mr. Cortellino, Chairman of the Cablevision Committee and to Mr. Adams for review and recommendation. The following letter was received from Mx. Adams on this subject: November 27, 1979 Town Board Town of Wappinger Wappinger Falls, New York 12590 Re: Application for Cablevision Franchise Amendment Dear Members of the Town Board: I have reviewed the application for an amendment and renewal of the franchise granted to U. S. Cablevision Corp. by the Town of Wappinger dated October 22, 1979. The primary request set forth in the application are those of an economic or rate modifi- cation for which this office would make no recommendation. I would note, however, that certain performance criteria were established in the franchise ordinance passed in 1978 and it prob- ably would be appropriate for the Cablevision Commission to prepare a report on the compliance of the applicant with those standards prior to any further action being taken. Very truly yours, s/ Jon Holden Adams Mr. Charles Cortellino, Chairman of the Cable TV Committee, being recognized by the Chair, gave a report on the status of the cable reception. He felt that the cable had improved since the last time Mr. Erichsen (General Manager of U. S. Cablevision Corp.) had been before the Board. On normal TV sets, there were 12 VHF stations - 2 through 13; one was for HBO, and one in the evening was used by the School District, making it 10 stations if you do not have HBO and if you did not watch the school channel. He had asked Mr. Ericksen previously, to make a survey, along with the regular billing, to determine what stations people preferred watching. They can pro- vide as many stations as they receive by providing a converter box to pick them up. He would like to determine if Channel 10 is an access or a school channel. Who decides what goes on this Channel -- the Town, the representative, Mr. Erichsen or the school. There were still complaints about paying in advance; the company is using these funds for operating costs; Mr. Cortellino did not feel this was a proper method. He went on to comment that the cable company was asking for a 13% increase and he did not agree that they were that much affected by inflation in this line of business. The cost of TV sets had, in fact, decreased, and had more equipment on them. The Town should be given an explanation of why they feel they need this increase. When the cable goes out and has to be repaired, does this get charged to cable, or does some of it get charged to HBO which is all profit. Mr. Cortellino felt, on the whole, the system had improved, but there were a few items to be clarified. He then introduced two residents who wished to talk on a special sports package on Cable TV. Mr. Bob Smith told the Board that he and Bill Hald had been working the past couple of years in constant communication with U. S. Cablevision trying to get the sports package into the area; other communities have had it for about two years. He explained that the cable company, in addition to an increase of $.95 per month was offerlp4a sports package, called the Madison Square Garden Sports, for the sum of $54.00 a year. This, of course, was optional, but the $.95 would be an increase to the monthly rate of cable television. They felt that this sum of $54.00 was a fair fee for what the cable company was offering, and at this time they wished to know when the Town Board would be acting on the U. S. Cablevision's application to amend the Cable Television Franchise Agreement. Mr. Bill Hald, being recognized by the Chair, introduced himself as the other resident interested in the sports package and said they had quite a few other residents interested in this and asked if it was necessary for the rate increase to be approved before they could apply for this sports package. He asked when the Town would have their meeting on this and if Mr. Erichsen would be present to answer their questions. MRS. MILLS moved that a Public Hearing be set on an Ordinance to Amend the Cable Television Franchise Agreement with the U. S. Cablevision Corp. on January 9th, 1980, at 7:30 P.M. EST, at the Town Hall, Mill Street, Wappingers Falls, New York. Seconded by Mrs. Reilly Motion Unanimously Carried The proposed amended Ordinance provided for the following monthly service rates for cablevision service within the Town of Wappinger: First outlet $7.95 Second outlet 1.50 Third outlet 1.00 Each additional outlet .50 The following installation rates would be applicable: Normal charge Each additional outlet Reconnect Move (same premises) $25.00 15.00 15.00 15.00 99 Basic commercial installation rates are separately provided for as are multiple dwelling unit installation. The amended ordinance will also provide for supplemental services including premium programming of movies and special events at $9.00 per month and premium programming for live sporting events ($54.00 yearly residential; $108.00 yearly commercial). Provisions are also made for other rates including commercial installation, supplemental serviceactivation, senior citizen rates, annual discount rates, multiple occupancy rates, converter rentals, and charges for various collection costs. A letter was received from Mr. Adams regarding the Performance Bond on the Spring Hill Development. Mr. Diehl commented that nothing had been resolved on this subject and asked that it be referred to the next Town Board meeting. A communication received from Mr. Adams regarding the recommendations he had on future performance bonds was tabled until the January Ton Board meeting. A memo was received from Mr. Lapar regarding a letter from Mr. James Napoli, Assistant Public Health Eng4neer, Dutchess County Health Department with questions and replies on sewer districts of the Town. This was a report from a meeting held on this matter on the 29th of November, 1979. MRS. REILLY moved that this report be received and placed on file. Seconded by Mr. Jensen Motion Unanimously Carried A letter was received from Mr. Eugene Adams who was requesting sewer and water service from the Town for a 9 lot subdivision on Myers Corners Road (near Robert Lane). MRS. REILLY moved that this request be referred to Mr. Lapar for his review and recommendation as to location of property, whether it was in a district or whether it would subject tth tenant conditions and any other information he could provide. Seconded by Mr. Jensen Motion Unanimously Carried 100 A letter was received from Mr. Hugh J. Maurer, Chairman of the Recreation Commission requesting approval for the purchase of a tractor. His intent was to use monies remaining in the 1979 Budget after all bills and encumbrances had been deducted, and finance the remaining balance of this purchase. Mr. Diehl felt that they could not take action on this matter until they knew the actual amount the Commission could encumber and the balance that remained. MR. JOHNSON moved to refer this matter back to the Recreation Commission to determine the exact piece of equipment they wished to purchase and the procedure they wished to follow for this purchase. Seconded by Mrs. Reilly Motion Unanimously Carried The Cub Scout Pack Leaders, being recognized by the Chair, thanked the Board for their courtesy, and left the meeting at this time. Under Committee Reports, Mr. Jensen reported that the Tri -Municipal Commission had a meeting on December 6, 1979, with the EPA and DEC and the consultants. They discussed the 13 proposed plans for the Tri -Municipal area and narrowed these down to 3, possibly 4, and are now working on them and will report back to the Commission with their findings. It was, in his opinion, a margin of success and they were moving, though slowly, toward the end of Step I. Although it was not necessarily a Committee Report, Mr. Diehl asked the Board to consider in the immediate near future the following proposal. There was a hit and run accident on DeGarmo Hills Road in the Town on October 29, 1979 which resulted in the death of Lester Storm and a reward of an undetermined amount of money was to be offered for the information which could lead to the detection, arrest and conviction of the person guilty of this crime. This reward would be offered by the Town of Wappinger and Mr. Diehl asked that the Town Board study this proposal, ask for opinions and recommendations and decide if this action would be in the best interest of all concerned. Mrs. Mills commented that a letter had been received from Peter Anagnos from the Dutchess County Department of Public Works responding to the request from last month to place reflectors at two bad curves in the Town. These were located at Myers Corners Road, past Brothers Road going east and one at New Hackensack Road, west of the delicatessen near Cedar Knolls. Mr. Anagnos advised the Board that their depart- ment would make a studyof these situations and report back to them. Mx. Jensen noted that he had had a response from the Dutchess County Department of Public Works regarding a post installed by them at a catch basin on the corner of Ervin Drive and Myers Corners Road. Several months ago Mr. Jensen had requested that a letter be sent to Mr. Spratt asking for his department to review this situation and correct it. They agreed it could be hazardous and they would take some corrective action to attempt to solve the condition. Mr. Johnson reported that he had checked with the firm that was doing the Draft EIS on the Zoning Ordinance and was informed that it was completed and being sent to the Town. He added to Mr. Jensen's comments on Tri -Municipal and remarked that at the last two meetings of the Commission, members from the Environmental Protection Agency were present. It appeared to him that their cooperation had improved and they seemed to want to accomplish something and move the project along. Mr. Johnson further reported as a member of the Recreation Committee and had received reports from interested residents that the Soccer Program had not been completed this year; certain groups had no activity and some had been moved from the fields they had been using. There were conflicting reports and in his opinion, this needed clari- fication. MR. JOHNSON moved that a letter be sent to the Recreation Commission asking that a full written report of the status of the Soccer Program be submitted to the Town Board, and if there is a minority view on the Recreation Commission, he requested that both a majority view and a minority view be forthcoming. Mr. Johnson further requested that this report be sent to the Town Board for the January meeting. Seconded by Mrs. Reilly Motion Unanimously Carried L L fir Public Hearings having been duly held on December 4, 1979 on the Benefit Assessment Rolls for the Watch Hill Sewer Improvement, Fleetwood Sewer District, Wildwood Sewer District, Wappinger Sewer Improvement #1, Mid -Point Sewer District, Oakwood Knolls Water District, Central Wappinger Water Improvement, Ardmore Water Improvement Area, Tall Trees Water Improvement and Fleetwood Water District, the matter was placed before the Board for their consideration. The following Resolution was introduced BY SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Assessor did prepare at the direction of the Town Board, the Assessment Rolls for the Watch Hill Sewer Improvement, for the assessment to be levied in 1980, and WHEREAS, said Assessment Roll was filed with the Town Clerk of the Town of Wappinger, and WHEREAS, she thereafter gave notice by posting upon the bulletin board of the Town and in the newspaper published within the Town of the time and place when the Town Board would conduct a hearing and hear objections upon or to said roll, and WHEREAS, the Town Board of the Town of Wappinger did meet the 4th day of December, 1979, to consider and hear objections of said roll, NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1979 for the Watch Hill Sewer Improvement for taxes to be collected in 1980, be approved, ratified and confirmed and adopted, and the Supervisor and Town Clerk are hereby authorized and directed to execute the warrant for collection of said taxes in the manner prescribed by Law. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following Resolutionwas introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Assessor did prepare at the direction of the Town Board, the Assessment Rolls for the Fleetwood Sewer District for the assessment to be levied in 1980, and WHEREAS, said Assessment Roll was filed with the Town Clerk of the Town of Wappinger, and WHEREAS, she thereafter gave notice by posting upon the bulletinqboard of the Town and in the newspaper published within the Town of the time and place when the Town Board would conduct a hearing and hear objections upon or to said roll, and WHEREAS, the Town Board of the Town of Wappinger did meet on the 4th day of December, 1979, to consider and hear objections to said roll, NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1979 of the Fleetwood Sewer District for taxes to be collected in 1980 be approved, ratified and confirmed and adopted and the Supervisor and Town Clerk are hereby authorized and directed to execute the warrant for collection of said taxes in the manner prescribed by Law. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Assessor did prepare at the direction of the Town Board, the Assessment Rolls for the Wildwood Sewer District for the assessment to be levied in 1980, and WHEREAS, said Assessment Roll was filed with the Town Clerk of the Town of Wappinger, and WHEREAS, she thereafter gave notice by posting upon the bulletin board of the Town and in the newspaper published within the Town of the time and place when the Town Board would conduct a hearing and hear objections upon or to said roll, and WHEREAS, the Town Board of the Town of Wappinger did meet on the 4th day of December, 1979, to consider and hear objections to said roll, NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1979 of the Wildwood Sewer District for taxes to be collected in 1980 be approved, ratified and confirmed and adopted, and the Supervisor and Town Clerk are hereby authorized and directed to execute the warrant for collection of said taxes in the manner prescribed by Law. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Assessor did prepare at the direction of the Town Board, the Assessment Rolls for the Wappinger Sewer Improvement #1, for the assessment to be levied in 1980, and WHEREAS, said Assessment Roll was filed with the Town Clerk of the Town of Wappinger, and WHEREAS, she thereafter gave notice by posting upon the bulletin board of the Town and in the newspaper published within the Town of the time and place when the Town Board would conduct a hearing and hear objections upon or to said roll, and WHEREAS, the TownBoard of the Town of Wappinger did meet on the 4th day of December, 1979, to consider and hear objections to said roll, NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1980 of the Wappinger Sewer Improvement #1 for taxes to be collected in 1980 be approved, ratified and confirmed and adopted, and the Supervisor and Town Clerk are hereby authorized and directed to execute the warrant for collection of said taxes in the manner prescribed by Law. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays 9) 1d4 The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Assessor did prepare at the direction of the Town Board, the Assessment Rolls for the Mid -Point Sewer District, for the assessment to be levied in 1980, and WHEREAS, said Assessment Roll was filed with the Town Clerk of the Town of Wappinger, and WHEREAS, she thereafter gave notice by posting upon the bulletin board of the Town and in the newspaper published within the Town of the time and place when the Town Board would conduct a hearing and hear objections upon or to said roll, and WHEREAS, the Town Board of the Town of Wappinger did meet on the 4th day of December, 1979, to consider and hear objections to said roll, NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1980 of the Mid -Point Sewer District for taxes to be collected in 1980 be approved, ratified and confirmed and adopted, and the Supervisor and Town Clerk are hereby authorized and directed to execute the warrant for collection of said taxes in the manner prescribed by Law. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Assessor did prepare at the direction of the Town Board, the Assessment Rolls for the Oakwood Knolls Water District, for the assessment to be levied in 1980, and WHEREAS, said Assessment Roll was filed with the Town Clerk of the Town of Wappinger, and WHEREAS, she thereafter gave notice by posting upon the bulletin board of the Town and in the newspaper published with the Town of the time and place when the Town Board would conduct a hearing and hear objections upon or to said roll, and WHEREAS, the Town Board of the Town of Wappinger didmeet on the 4th day of December, 1979, to consider and hear objections to said roll, NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1979 of the Oakwood Knolls Water District for taxes to be collected in 1980 be approved, ratified and confirmed and adopted, and the Supervisor and Town Clerk are hereby authorized and directed to execute the warrant for collection of said taxes in the manner prescribed by Law. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: 14 WHEREAS, the Town Assessor did prepare at the direction of the Town Board, the Assessment Rolls for the Central Wappinger Improvement Area for the assessment to be levied in 1980, and WHEREAS, said Assessment Roll was filed with the Town Clerk of the Town of Wappinger, and WHEREAS, she thereafter gave notice by posting upon the bulletin board of the Town and in the newspaper published within the Town of the time and place when the Town Board would conduct a hearing and hear objections upon or to said roll, and WHEREAS, the Town Board of the Town of Wappinger did meet on the 4th day of December, 1979, to consider and hear objections to said roll, NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1979 of the Central Wappinger Improvement Area for taxes to be collected in 1980, be approved, ratified and confirmed and adopted, and the Supervisor and Town Clerk are hereby authorized and directed to execute the warrant for collection of said taxes in the manner prescribed by Law. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Assessor did prepare at the direction of the Town Board, the Assessment Rolls for the Ardmore Water Improvement Area, for the assessment to be levied in 1980, and WHEREAS, said Assessment Roll was filed with the Town Clerk of the Town of Wappinger, and WHEREAS, she thereafter gave notice by posting upon the bulletin board of the Town and in the newspaper published within the Town of the time and place when the Town Board would conduct a hearing and hear objections upon or to said roll, and WHEREAS, the Town Board of the Town of Wappinger did meet on the 4th day of December, 1979, to consider and hear objections to said roll, NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1980 of the Ardmore Water Improvement Area for taxes to be collected in 1980 be approved, ratified and confirmed and adopted, and the Supervisor and Town Clerk are hereby authorized and directed to execute the warrant for collection of said taxes in the manner prescribed by Law. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Assessor did prepare at the direction of the Town Board, the Assessment Rolls for the Tall Trees Improvement Area, for the assessment to be levied in 1980, and WHEREAS, said Assessment Roll was filed with the Town Clerk of the Town of Wappinger, and WHEREAS, she thereafter gave notice by posting upon the bulletin board of the Town and in the newspaper published within l5 the Town of the time and place when the Town Board would conduct a hearing and hear objections upon or to said roll, and WHEREAS, the Town Board of theTown of Wappinger did meet on the 4th day of December, 1979, to consider and hear objections to said roll, NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1980 of the Tall Trees Improvement Area for taxes to be collected in 1980 be approved, ratified and confirmed and adopted, and the Supervisor and Town Clerk are hereby authorized and directed to execute the warrant for collection of said taxes in the manner prescribed by Law. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town Assessor did prepare at the direction of the Town Board, the Assessment Rolls for the Fleetwood Water District, for the assessment to be levied in 1980, and WHEREAS, said Assessment Roll was filed with the Town Clerk of the Town of Wappinger, and WHEREAS, she thereafter gave notice by posting upon the bulletin board of the Town and in the newspaper published within the Town of the time and place when the Town Board would conduct a -hearing and hear objections upon or to said roll, and WHEREAS, the Town Board of the Town of Wappinger did meet on the 4th day of December, 1979, to consider and hear objections to said roll, NOW, THEREFORE, BE IT RESOLVED, that the Assessment Roll of 1980 of the Fleetwood Water District for taxes to be collected in 1980, be approved, ratified and confirmed and adopted, and the Supervisor and Town Clerk are hereby authorized and directed to execute the warrant for collection of said taxes in the manner prescribed by Law. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays A communication was received from the New York State Department of Transportation regarding Railroad -Highway Grade Crossing Pavement Markings and Advance Warning Signs Project on Town and County Roads. Ihkr" A resolution was attached for adoption by the Town, permitting the State, its agents and employees, to enter upon municipal highways for the purpose of performing improvements, such as erecting signs and proper markings at railroad crossings. The attached list indicated a crossing at Smith Crossing Road or Diddell Road. There is no crossing at this location, but there is one at Chelsea within the Town of wappinger; no mention was made of this one. MR. DIEHL moved that a letter be sent to the Highway Superintendent for his investigation and advice to the Board on this matter. 07 Seconded by Mrs. Mills Motion Unanimously Carried A vacancy still existed on the Board of Assessment Review and this was now placed before the Board for their consideration. The following Resolution was offered by COUNCILWOMAN REILLY who moved its adoption: RESOLVED, that Gerard McCluskey be and he is hereby appointed to fill a vacancy on the Board of Assessment Review of the Town of Wappinger, and it is further RESOLVED, that the said Gerard McCluskey is hereby appointed to the said Board of Assessment Review for a term which shall expire on the 30th day of September, 1984. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays Before the vote was taken, Mr. Versace, being recognized by the Chair, commented that this appointee was a resident of the Village and he felt this person would not be as knowledgeable of the assessment process in the Town as a Town resident would be. Mrs. Reilly did not agree with this reasoning since Mr. McCluskey was a resident of the Village that lies within the Town of Wappinger and he was, at the present time, involved in selling real estate, which She felt would qualify him for this position. A proposed Ordinance for Water and Sewer Repairs was tabled until the January meeting in order to receive a recommendation from Mr. Horton, Mr. Gunderud and Mr. Lapar. The following Local Law was introduced by COUNCILWOMAN MILLS: A Local Law (#1 of 1980) Amending Local Law #5, 1975, Increasing Commercial Rates of Central Wappinger Water Improvement Area. BE IT ENACTED by the Town Board of the Town of Wappinger: Section 1. Section 1, Paragraph B of Local Law #5 of 1975 is hereby amended. Section 2. The following commercial water rates are hereby established for the .Central Wappinger Water Improvement Area: 50/100 cubic feet 45/100 cubic feet 40'/100 cubic feet 0-750,000 gallons 750,000-1,500,000 gallons 1,500,000 & up gallons Section 3. This Local Law shall take effect upon adoption and as provided by the Municipal Home Rule Law. 08 The following resolution was introduced by COUNCILWOMAN MILLS who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the lOth day of December, 1979 a proposed Local Law (#1 of 1980) Amending Local Law *5, 1975, Increasing Commercial Rates of Central Wappinger Water Improvement Area, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, kie NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 9th day of January 1980 at 7:00 P.M. EST, on such day at Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays A Memo was received from Matthew Ryan, Comptroller, requesting the following transfers: Assessors, from A1990.4 Contingency to A1355.4 Contractual $400.00 due to the number of tax review cases handled this year. Association of Towns & Education, from A1990.4 Contingency to A1990.5 Association of Towns to cover expenses for seminars in October, in the amount of $285.00 Historian, from A1990.4 Contingency to A7510.4 Historian Contractual in the amount of $100.00 to catalogue the town's history and for binders. Building and Zoning from B1990.4 Contingency to B3620.4 Building and Zoning Contractual in the amount of $485.00 for increases in cost of gasoline, unbudgeted repairs and mileage. MR. JOHNSON moved that the following transfers be approved, as recommended by the Comptroller: Assessor's from A1990.4 to A1355.4 $400.00, Association of Town, A1990.4 to A1990.5, $285.00, Historian, A1990.4 to A7510.4, $100.00, Building and Zoning, B1990.4 to B3620.4, $485.00. Seconded by Mrs. Reilly Motion Unanimously Carried A second Memo was received from Mr. Ryan, Comptroller for the following transfers: Sewer Improvement #1 fromSS8110.4 to SS8110.1 $505.00 for two area youths to paint and maintain the green areas, Sewer Improvement #1, SS9550.9 to SS8120.4, $10,000.00 due to high cost of repairs. Mid -Point Park Sewer, SS8110.4 to SS8110.1, $225.00, two youths maintaining green area. Mid -Point Park Sewer, SS9550.9 to Captl Fund$3,675.00 due to high cost of repairs, and SS8130.4 to SS8120.4, $2,000.00 Rockingham Sewer, SS8110.4 to SS8110.1, $726.00, two youths maintaining green area. Rockingham Sewer, SS8130.4 to SS8120.4, $12,000.00 due to high repair costs. Wildwood Sewer, from SS8110.4 to SS8110.1, $175.00, two youths maintaining green area. Wildwood Sewer, from SS9550.9 to SS8120.4 $7,000.00 high repair costs. Oakwood Water District, from SS8310.4 to SW8310.1, $116.00 for two youths maintaining green area. Fleetwood Water District, from SW8310.4 to SW8301.1, $150.00 for two youths maintaining green area. Fleetwood Water District, from SW9550.9 to SW8340.4, $2,400.00 high repair costs and new pump. Tall Trees Water, from SW8310.4 to SW8310.1, $24.00 for two youths maintaining green area. Tall Trees Water, from SWI990.4, $853.00, from SW8330.4, $750.00, from SW8320.4, $3,500.00, to SW8340.4, due to freezing lines and other problems. Central Wappinger Water, SW8130.4 to SW8310.1, $2,000.00 for the two youths working on maintenance. Mr. Jensen noted that on Item #6, the transfer was for Fleetwood Water District, but it read "transfer from Oakwood". He asked that this be corrected, since it was a transfer for Fleetwood Water. Mrs. Mills questioned the transfers --what were they for. They have transferred for these districts before and had asked for a break- down of the expenditures. Now the same thing is happening, they're asking for transfers without itemizing the expenditures. 110 Mrs. Mills went on with this discussion and stated that a few weeks ago the Wildwood Sewer District did not have work done that amounted to $7,000.00, and she felt that Camo should have spelled it out ---what work was done, how did it cost $7,000.00. Mr. Jensen explained that all these transfers were within their own budgets, it was simply a matter of transferring the monies to the proper line items; the monies were there, they had been budgeted; one item needed more than was budgeted and one needed less, so a transfer was needed. Some were for operation and maintenance, and if this was the case, and the work was strictly for that purpose, we could possibly receive as much as 30% reimbursement. MR. JOHNSON moved that the transfers requested by the Comptroller in his memo of November 26, 1979, as stated above, be approved, subject to properly identifying the correct district as "Fleetwood Water District" in Item #6. Seconded by Mr. Jensen Roll Call Vote: Councilman Jensen Aye Councilman Johnson Aye Councilwoman Mills Nay Councilwoman Reilly Ave Supervisor Diehl Aye When Mrs. Mills asked for a report from Camo on the work done on the Wildwood Sewer District, Mr. Diehl requested that she first confer with the Comptroller and clarify the reason for the transfer of $7,000.00. If, at the next meeting, she still felt additional information was needed from Camo, the Town Board would then act on her request. Mr. Lafko, being recognized by the Chair, wished to discuss a letter he had received from Hugh J. Maurer, Chairman of the Recreation Commission, requesting use of property on Wildwood Drive to be used in the summer program of the Commission. Mr. Maurer stated in his letter that nothing permanent would be put on the property; it could be used for ball games or fit into the playground program with arts and crafts etc. Mr. Lafko felt this could be arranged if the Town would sign a "Hold Harmless" agreement and include their names (Lafko and Alexander) in the Town insurance policy. If and when they applied for preliminary approval for building, then this arrangement would cease. He talked about a one year lease, but the Board differed with this time and.felt that a three year lease would better suit the needs of the program. The property had to be filled in and would take a considerable amount of fill in order to be used for this program. Mr. Lafko was not enthusiastic about leasing this property for the consideration of $1.00 for more than one year, but a relief in taxes for a year on the property would interest him more. The Board did not wish to act on this matter tonight but felt that Mr. Maurer should confer,with Mr. Lafko on these arrangements before any action was taken. Under New Business, Mr. Jensen wished to comment on the Tree Lighting Ceremony conducted by the Recreation Commission at the Schlathaus property on December 2, 1979. The John Jay Music Group was present and a choral group from Myers Corners School also participated, as did "Santa Claus". He felt it was a great success. MR. JENSEN moved that a letter be directed to the Recreation Commission thanking them on behalf of the Town Board for a well planned, well conducted, and a great success Christmas Tree Lighting Ceremony. Seconded by Mrs. mills Motion Unanimously Carried Mrs. Mills asked the Attorney if the Town had any recourse to make a landowner take care of his property, referring specifically to the property on Wildwood Drive, which was previously the subject of discussion. This property seemed to attract those wishing to deposit truckloads of debris such as piles of stones, dirt, junk, and it seemed to be an ideal location for car owners who performed their own oil changes. MRS. MILLS moved that the zoning Administrator be requested to check this property for any possible existing violations and report back to the Board; the property in question is on the corner of New Hackensack Road and Wildwood Drive. Seconded by Mr. Johnson Motion Unanimously Carried MR. DIEHL moved to set the date of December 28, 1979 for the Year End Meeting, at 4:30 P.M. Seconded by Mr. Johnson Motion Unanimously Carried MR. DIEHL moved to set the date of January 2, 1980 for the Reorganizational Meeting, at 7:00 P.M. Seconded by Mr. Johnson Motion Unanimously Carried MRS. REILLY moved to adjourn the meeting, seconded by Mr. Johnson and unanimously carried. The Meeting adjourned at 9:45 P.M. ��i•it'�.r1�t Elaine H. Snowden Town Clerk Reg. Mtg. 12/10/79 11