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1989-08-07 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER AUGUST 7, 1989 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3, ACCEPT MINUTES PLEDGE ALLEGIANCE TO FLAG 4. REPORTS OF OFFICERS: Town Justices Rec. of Taxes ScrpiCompt. Hydrant Zng. Adm. Bldg. Insp. Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. Charles May re:, Royal Ridge Expansion Project b. Linda Sapek, Pres, Royal Wines & liquors, Notice of Intent to renew Liquor License c. Catherine Paredes resignation from CAC d. H. Mangold, Attny, re: E.W. Builders - Zoning Matter e. A. Waddle, Hughsonville Fire Dist., re: re -appointment of Rob't Ashworth to Fire Prevention Bureau f. Judge Wolfson re: use of Town meeting room for overflow Court Thursday nights g. J. Paggi, Eng. to Twn., report on: Cooper Road Drainage, and, Reminder of Test & Demo for MC II Fire Booster Station h. T. Clasey & H. Levenson corr. re: Bldg. Permit Application by Harry Armstrong, Robinson Lane i, Michael Trempor, Camo, re: Oakwood Knolls STP to increase the Hydraulic Limit of Facility j. Town served with Certiorari Claims by: Glassberg & Feron: Wapp. Falls Plaza: Wapp. Falls Owners: Texland Properties: Southland Corp.: Conifer Development: TH Baker & CF Gilbride: White Gate cond Assoc.: Friendly Acura: L. Richard Rosenberg: SBJM, Inc k. M. Takacs, W/Gray,Railing & Heinsman re:request to approve individual well for Capparelli Tosto 1. John Devine, Spook Hill Rd. re: propety flooding created by developers/Builders 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Resolution to Authorize Supervisor to enter into Escrow Agreement w/Tri Muni Sewer Commission b. Request from D. Lasowski for Resolution to establish standard work week hours for Elected & appointed positions c. Introduce Local Law regulating Parking on Hamlet Court d. Approval of Contract for Association for Seniors, Inc. and Authorize Supervisor to Sign e. Request from James Klein for return of $1,500 in escrow and recommendation from T. Classey for Return of Escrow to J. Ivy f. Re -schedule date for Public Hearing on Quiet Acres Street Lighting District. 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10.. ADJOURNMENT 158 The Regular Meeting of the Town Board of the Town of Wappinger was held on August 7, 1989 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 7:35 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk The Meeting started with the Pledge of Allegiance to the Flag followed by a moment of silent prayer for the residents of the Town. For the benefit of those who were under the impression that a Public Hearing would be held on the Quiet Acres Street Lighting District on this date, Mrs. Paino informed the public that this would not be held. Also the newspaper erroneously printed that an informational meeting would be held tonight regarding the purchase of the Atlas Water System. This meeting will be set tonight for August 21, 1989 at 7:30 P.M. There were no Minutes completed for this Meeting for the Board to accept. Reports were received for the month of July from the Town Justices, Hydrant Report, Building Inspector, Receiver of Taxes for June, Zoning Administrator for June and July. MRS. SMITH moved to accept the above stated reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Mr. Farina asked if there was a work shop scheduled for a discussion with the Dog Control Officer regarding the monthly reports that were requested by the Board several months ago. Mrs. Paino replied that the matter will come up at a work shop in a couple of weeks. Petitions & Communications --- Mr. May was first on the Agenda regarding the Royal Ridge Sewer Expansion Project but had notified the Town Clerk earlier that he wished to scratch the item for now. 159 A Notice of Intent to renew a liquor license was received from Linda Sapek, President of Royal Wines & Liquors, Inc. located at New Hackensack Plaza in the Town of Wappinger. MR. VALDATI moved to accept the Notice and place it on file with no comment. Seconded by Mr. Farina Motion Unanimously Carried A resignation was received from Catherine Paredes who wished to relinquish her duties as Chairman of the Conservation Advisory Council; it was their understanding that she was remaining as a member of the Council. Mrs. Paredes recommended that Florence Graff, a present member of the Council, be appointed to the Chairman position, who had earlier indicated that she would be interested in accepting this responsibility. MRS. PAINO moved to appoint Florence Graff as Chairman of the Conservation Advisory Council, replacing Catherine Paredes, who has resigned and to send a letter of thanks to Mrs. Paredes for her service to the Town. Seconded by Mrs. Smith Motion Unanimously Carried Attorney Harold Mangold wrote to the Board regarding an application for soil mining that had been submitted at the July 17th, 1989 meeting, and action taken at that time to accept the correspondence and place it on file pending a future work shop discussion. Mrs. Paino chose to table this matter noting that it would be discussed with the Attorney to the Town at a work shop meeting. Arthur Waddle, Secretary/Treasurer of the Hughsonville Fire District informed the Board that Robert Ashworth was nominated for reappointment to the Town Fire Prevention Bureau. MR. REIS moved to confirm the reappointment of Robert Ashworth, Sr. to the Town Fire Prevention Bureau, representing the Hughsonville Fire District. Seconded by Mr. Valdati Motion Unanimously Carried Judge Wolfson wrote to the Town Board regarding the use of the Town Meeting Room on Thursday nights due to the overflow of the court. It appears that they are presently in violation of the allowable number of individuals in the Justice Court under the Fire Code and must find larger quarters to alleviate the situation. L 160 Mrs. Paino had discussed the matter with Judge Wolfson and apparently they have outgrown their facilities and besides standing room only in the courtroom their clientele are flowing out into the hallway. She informed the Judge that they could use the Meeting Room unless the Town Board needed it for public hearings. MRS. PAINO moved to accept the correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried A report was received from the Engineer on Cooper Road Drainage which according to the Supervisor, would be discussed at a work shop meeting. MRS. PAINO moved to accept the report and place it on file. Seconded by Mrs. Smith Motion Unanimously Carried In a Memo to the Town Board, Mr. Paggi advised the Board that a demonstration and field test of the Myers Corners II Fire Booster Station will be held at 9:30 A.M. on Wednesday, August 16, 1989. MR. REIS moved to accept the information and place it on file. Seconded by Mrs. Smith Motion Unanimously Carried Correspondence was received from Mr. Levenson and Mr. Classey regarding waiving the Demolition Permit fee and the Building Permit Fee for Mr. Armstrong on Robinson Lane, who plans to reconstruct the barn at another location on the same lot on Robinson Lane. Mr. Armstrong plans to donate land to the Town to straighten out a curve on Robinson Lane. Mr. Levenson presented a map to the Board, pointing out the structure that Mr. Armstrong planned to move and the curve that will be straightened due to his donation of land. The Highway Superintendent, Mr. Croshier was appreciative of this donation so the road would be safer. MRS. PAINO moved that all fees relating to the demolition and reconstruction of Mr. Armstrong's barn on Robinson Lane, be waived. Seconded by Mr. Farina Motion Unanimously Carried 161 Michael Tremper, Camo Pollution Control wrote to the Board regarding the increase of hydraulic limit at the Oakwood Plant. He recommended the Engineer evaluate the hydraulic profile of the facility and see if there are obvious bottlenecks which can be repaired without major expense. Since this plant is operating under a consent order issued by the D.E.C., Mr. Paggi suggested that prior to doing any work on this facility, they wait for the D.E.C's determination on the Town's request for an extension of the September 1, 1989 deadline for submission of final approvable plans. The Attorney had already requested a meeting be scheduled with the state agency and Town Officials to discuss such an extension and when they aware of this they can discuss the work on the hydraulic limit increase. The matter was tabled pending a meeting with the D.E.C. The Town Clerk and the Assessor were servied with Tax Certiorari Claims by Glassberg & Feron, Wappingers Falls Plaza, Wappingers Falls Owners, Texland Properties, Southland Corp., Conifer Development, TH Baker & CF Gilbride, and SBJM, Inc., White Gate Assoc, Friendly Accura, Rosenberg. MRS. PAINO moved to refer these Claims to the Attorney to the Town to answer and defend on behalf of the Town of Wappinger. Seconded by Mr. Reis Motion Unanimously Carried Michael Takacs, from the firm of Gray, Railing & Heinsman, wrote to the Board requesting their approval of an indivklael well on a lot located on All Angels Hill Road where no water main exists in the road and installing one to serve the lot would be an extreme hardship; the lot belongs to Capparelli & Tosto. The Health Department has stated that lots in an existing water district must be provided with public water, however, they could consider approving an individual well if several conditions are met which are, a request by the Town to the Health Department, stating that it would be an extreme economic hardship for the property to be tied into the district, and the Town has no desire to remove the property from the district, and they have objection to the location of the well. Mr. Paggi did not have enough information to determine that it would be an extreme hardship, also the request from the Engineer should provide the information on how they could tie into the system and then Mr. Paggi could make a decision on whether or not it presents a hardship. 162 Mrs. Paino asked that a letter be directed to Mr. Takacs noting that a plan for tying into the line, the most economical one and feasible one, should be submitted to the Town and an approximate cost, so it can be decided if there is an economic hardship existing if his client tied into the Town water facility. MRS. PAINO moved to table action on this matter for further information. Seconded by Mrs. Smith Motion Unanimously Carried John Devine, Spook Hill Road, wrote to the Board bringing to their attention a serious situation of a noticeable increase in the waterflow around the culvert under his driveway; it has made the driveway impass- able and hazardous during the last month. He attributes this sudden volume of water to the increase of construction in this area. The responsibility lies with either the builder or the Town Officials who gave the builder permission to create such a situation and he contends that the person or persons responsible should correct it. Mr. Devine was present and reiterated the statements made in his letter to the Board. He would not positively make the judgment that his problem is due to construction on Spook Hill Road, but would like the Engineer to inspect it and give his opinion; if he disagrees with him he will get another professional opinion. Mr. Paggi noted that the Building Inspector, Tim Classey had called him a couple of weeks ago to tell him about this condition. He is aware of the driveway and the culvert and he agrees that over the years there has been considerable development on that road and in that drainage basin. The stream starts on the south side of Old Hopewell Road, comes down through Old Hopewell Road and crosses Spook Hill Road near Spook Hill Estates. The last subdivision approved that drains into that stream is the front half of Fieldstone Farms built in the mid 1980's but since 1986 there have been no new subdivisions approved in that area. The residence at 74 Spook Hill Road, has not increased the amount of runoff into that stream, contrary to what Mr. Devine claims. They just took the Town culvert and extended it from the edge of the road and piped it to the rear of their property. There is presently an applica- tion before the Planning Board for a subdivision upstream from the Devine's property and construction of that subdivision would definitely impact the stream, so it will be looked at very closely during the planning process. If Mr. Devine would like him to, he would go out to 163 the property and make an inspection. Mrs. Paino agreed that this should be done and asked him to make an appointment with Mr. Devine. Arrangements would be made to have the Highway Department clean the stream in an effort to alleviate the situation somewhat, as Mr. Devine considered it a dangerous condition. Mrs. Snowden asked the Board if they wished to consider changing the September meeting date which falls on Labor Day. Mrs. Paino recommended that it be changed to the 3rd Monday of that month, September 18, 1989 at 7:30 p.M. Committee Reports --- Mr. Valdati, reported that some of the residents on Pleasant Lane indicated that they wanted a "Children At Play" sign on that street. He asked that the Highway Superintendent be notified of this request. Mr. Valdati, Safety, referred to a sign on Middlebush Road that says "Bump", just east of the Town Hall and although it might have been at one time, there is no longer a bump at that location and he suggested that the Dutchess County Department of Public Works be asked to remove the "Bump" sign. Mr. Valdati congratulated the Dutchess County Department of Public Works for correcting the road condition at the corner of Old Route 9 and Middlebush Road by paving the trench. In regard to drainage problems that have been brought to the attention of the Board, Mr. Valdati asked the status of the Cacio problem on South Fowlerhouse Road. Mrs. Paino replied that this matter would be on the work shop for Thursday, August 10, 1989 and had been scheduled at the last Town Board meeting. Mr. Reis had no reports for this meeting. Mr. Farina reported that he had a call from Mr. Holt regarding a letter he sent to the Town Board on Castle Point Recreational Facilities in the future. It was Mr. Holt's intention that perhaps some work could be done while he still had summer maintenance help, so he was hoping that this could be discussed at a work shop very soon. Mr. Holt left for vacation and would not return until September 7th, so this work shop would have to wait until he returns. 164 Mrs. Smith reported that Community Day would be September 10, 1989 and all are invited. It's not going to rain this year, she claimed so they don't need a rain date. She has a new ride vendor and the rides are much nicer. The fireworks are all in place as are the games and booths. Anyone who wants to work will be welcome, just join the others and they'll find you a job. Resolutions In regard to a resolution to authorize the Supervisor to enter into an Escrow Agreement with the Tri -Municipal Sewer Commission, a letter was hand delivered prior to the meeting from Matthew Rudikoff, Project Administrator of the Commission regareding prevailing wages for surveyors; action on this resolution was tabled at a Special Meeting for further information on these prevailing wages. The communication addressed to the Board Members reads as follows: In response to your question regarding the effect New York State Department of Labor prevailing wages for surveyors will have on this project, Tri -Municipal's engineers do not anticipate a need for any further field surveying to complete their map plan report (see attached letter). If a need for any field surveying work were to arise, the Department of Labor wage rates will be paid. I have also enclosed fee schedules for the project accountant, administrator, and engineers as previously requested by the Town Board. Attorneys fees will be billed at $100.00/hour. Please feel free to contact me should you need further clarification on either of these matters. The following resolution was offered by COUNCILWOMAN SMITH who moved its adoption: WHEREAS, the Town Board has previously authorized the execution of a Memorandum of Understanding between the Town of Wappinger and the Tri -Municipal Sewer Commission with respect to the proposed treatment by the Tri -Municipal Sewer Commission of the sewerage generated by the Oakwood and Rockingham Sewer Treatment facilities in the Town of Wappinger, and WHEREAS, the Tri -Municipal Sewer Commission, in accordance with said Memorandum of Understanding has delivered to the Town a cost estimate of $152,000.00, which would encompass the preparation by the Tri -Municipal Consultants of an Engineering study detailing which parts of the plant must be enlarged in order to accomodate the MGD to be delivered by the Town of Wappinger, and WHEREAS, in accordance with the Memorandum of Understanding, the Town of Wappinger would deposit this amount with the Tri -Municipal Sewer Commission in accordance with the timetable to be agreed upon for the deposit of said funds so that the funds will be available to the Tri -Municipal Sewer Commission as bills are presented, and WHEREAS, this aforementioned sum of $152,000.00 would also include compliance with Article 8 of the Environmental Conservation Law of the State of New York, commonly known as SEQR, and WHEREAS, it is the recommendation following the Work Session. of the Attorney to the Town and Engineer to the Town, that said money be allocated, 165 NOW, THEREFORE BE IT RESOLVED, that the Town Board does hereby authorize the Town Supervisor to enter into an Escrow Agreement wherein the Town of Wappinger on behalf of the Wappinger Sewer Improvement Area No. 1 Sewer District will deposit with the Tri -Municipal Sewer Commission the sum of $152,000.00 in accordance with the Memorandum of Understanding between the Town of Wappinger and the Tri -Municipal Sewer Commission in order for the Tri -Municipal Sewer Commissioners to complete SEQR process necessary for them to enter into the final contract with the Town of Wappinger for the treatment of sewerage, and BE IT FURTHER RESOLVED that this is deemed to be a legitimate and justified expense to be charged against the Wappinger Improvement Area No. 1, and BE IT FURTHER RESOLVED that the funds shall be raised through the issuance of a Bond Anticipation Note for a term of three years in anticipation of the completion of this project and the issuance of the final Bonds thereon, and BE IT FURTHER RESOLVED that the Town Comptroller and the Attorney to the Town be and hereby are authorized to place the $152,000.00 in Bond Anticipation Notes and submit the same to this Board for their further approval, and BE IT FURTHER RESOLVED, that it is the intent of the Town Board of the Town of Wappinger that all officials of the Town of Wappinger take all steps necessary to effectuate the intent of this resolution. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays MRS. PAINO moved to authorize the Engineer to prepare final approvable plans to be presented to the D.E.C. in regard to the Consent Order on the Wappinger Sewer Improvement Area #1. Seconded by Mr. Reis Motion Unanimously Carried A discussion followed when some of the Town residents questioned the phases of this project, the purpose of forming the Wappinger Sewer Transmission district, Sewer Improvement Area the whole Town will be would follow including the actual cost to the two districts, Wappinger #1 and Rockingham Farms Sewer District and if sewered. Mr. Paggi explained the procedure that the fact that Tri -Municipal would prepare a study that would tell the Town the costs for these two districts and this figure will be added to the cost that the Town will incur for work inside its own Town. These figures will then be presented to the residents of the two districts and to those of the proposed districts in the Town. This could be three to five years down the road and they will be done in phases so the residents understand each stepand the costs involved as it progresses. Mrs. Paino recommended that the next item which was a request from the Comptroller to establish standard work week hours for _elected and 166 appointed officials be tabled to a work shop for discussion. MRS. PAINO introduced the following Local Law: A LOCAL LAW REGULATING PARKING ON HAMLET COURT IN THE TOWN OF WAPPINGER Section 1. Legislative Intent The Town Board of the Town of Wappinger does hereby deem it to be in the public interest to regulate parking and the direction of traffic on Hamlet Court in said Town, both for the benefit of those residents in said area, and also for their fire safety and the general health, welfare and safety of the residents of the Town of Wappinger. Section 2. Parking Prohibited There shall be no parking along the northerly side of Hamlet Court and in both the inner and outer perimeter of the circle at the end of Hamlet Court, except in properly designated parking spaces which may be hereto fore constructed in said circle. Section 3. Direction of Traffic When approaching traffic circle at the end of Hamlet Court all traffic shall bear to the right and said circle shall be designated as a one-way flow of traffic in said circle. Section 4. Signs The Highway Superintendent of the Town of Wappinger be and hereby is authorized and directed to erect "No Parking" signs and "One Way" signs in accordance with this Local Law. Section 5. Penalties and Offenses The owner or operator of any vehicle who shall violate either the No -Parking restriction herein or violate the direction of traffic signs erected heretofore, shall be guilty of a traffic infraction, and shall pay a penalty in the amount as set forth in the Vehicle and Traffic Law of the State of New York for violation of any Traffic infractions. Should no penalty be set forth in the Vehicle & Traffic Law, then they shall be subject to a penalty not to exceed Fifty Dollars ($50.00). Section 6. Effective Date This Local Law shall become effective immediately upon its filing with the Secretary of State of the State of New York. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 7th day of August, 1989, a proposed Local Law Regulating Parking on Hamlet Court in the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 18th day of September, 1989, at 7:15 P.M., on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, 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 167 Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The contract with the Dutchess County Association for Senior Citizens and the Town of Wappinger was placed before the Board for their consideration. Although Mrs. Paino felt they had gone over all the items with the Executive Director, there were certain items Mrs. Smith felt needed further discussion and she therefore requested that the matter be referred to a work shop. A letter of request was received from James Klein for the return of $1,500 escrow posted with the Town for grading at Building Permit 87-389, accompanied by a signed voucher and recommendation from the Building Inspector that the work was completed. A recommendation was also received from Mr. Classey. Jerome Ivy, Chelsea River Road there was no letter of request on property completed at the home of North, plus a signed voucher, however from the homeowner. Based upon procedures formulated at the last meeting, Mr. Valdati noted that a letter of request must be submitted by the individual and it meets the approval of our Building Inspector, it can be refunded. MR. VALDATI moved to release the escrow money to Mr. Klein in the amount of $1,500.00. Seconded by Mrs. Smith Motion Unanimously Carried Mrs. Paino requested the Town Clerk to write to Mr. Ivy for a letter to the Town Board asking for the return of the $3,000.00 deposited with the Town for final grading for Building Permit 87-32. Mr. Classey claimed that according to the resolution adopted by the Board at the last meeting it does not request such a letter from the applicant. Mrs. Smith informed him that the Board asked for a letter at that meeting. Mr. Classey insisted that the only change to that resolution was deletion of the last paragraph, but both Mrs. Smith and Mr. Valdati said they stipulated that it must be accompanied by a letter. Mr. Classey claimed that a letter accompanies the escrow when collected stating that they hold the Town harmless, but no where does the resolution require a letter from the applicant when they are asking for the return of the money. Mrs. Smith reminded him that the Town Board sets the procedure and they requested a letter; Mr. Valdati added 168 that the letter is required and procedure established, it was voted upon by everyone; the Town Clerk will attest to that, and the Building Inspector was present during this discussion. It is going to stay within the Town Board's purview to release monies. At Mr. Classey's request, Mrs. Snowden read the letter she received from Mr. Klein, as follows: Re: Escrow for grading & seeding Lot #19 - Kendell Farms We have completed the grading and seeding on the above mentioned lot. This letter is a request that the $1,500 held in escrow by the Town of Wappinger be returned. This request has also been made of Tim Classey, Building Inspector. Mr. Classey asked to comment further on the subject and noted that Mr. Ivy has been waiting for this money since June 28th and now he'll be waiting for another month for a Town Board meeting. It's $3,000 and it's already been confirmed by himself and the Town Engineer that the work has been done satisfactorily. He claimed that he was at the meeting at which the resolution was adopted and the only change was the deletion of the last paragraph. Mrs. Paino understood what he was trying to say to the Board, however, she explained to him that the resolution he had in his hand was prepared by the Attorney for the consideration of the Town Board; during the course of that meeting there was discussion held on this resolution to the effect that they wanted a letter of request from the individual who paid the escrow money so they could be certain that the money was being released to the proper person. They adopted the resolution with that addition and the last paragraph was deleted. The Minutes of that Meeting are not available at this time, but if he wanted to, she was sure he could listen to the tape of that meeting. Mr. Valdati interjected the fact that if Mr. Classey had requested Mr. Ivy to submit a letter, as the Town Board set forth by resolution at the Special Meeting, they would have authorized release of the money and he would be on his way to getting the money back. Mrs. Paino closed the discussion, as it was repetitious at this point; Mr. Klein's money would be returned, but Mr. Ivy would have to wait and perhaps once the letter is received they could have a Special Meeting prior to a work shop and authorize release of the escrow. There was a suggestion from the audience that since the procedure was new (Mrs. Smith interjected that it was'nt new, but now made a formal procedure) why not release the money to the applicant subject to him submitting a letter of request for return of the escrow money. 169 MRS. PAINO moved to release the escrow money to Mr. Ivy in the amount of $3,000, conditional upon the receipt of a letter of request from him. Seconded by Mr. Reis Motion Unanimously Carried The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Town Board has previously authorized the Town Engineer to study and prepare a Map, Plan and Report with respect to a proposal to establish a Lighting District, and WHEREAS, the Town Board has now received the Engineer's Report entitled "Proposed Street Lighting District Quiet Acres", and WHEREAS, the Engineer to the Town has filed with the Town Clerk, his Map showing the boundaries of the proposed District, and a general Plan for the District, and a Report of the proposed method of operation and financing, and WHEREAS, annexed hereto and made a part hereof, is a Schedule "A" describing the metes and bounds of the proposed District, and WHEREAS, the maximum amount proposed to be expended on the part of the new Quiet Acres Lighting District will be zero inasmuch as the Lighting equipment is supplied by Central Hudson, and WHEREAS, the Map, Plan and Report are on file in the Town Clerk's Office and available for public inspection, and WHEREAS, the charges against the property owners located within said District will be made on an Ad Valorum basis, and WHEREAS, the Town Board is the only agency involved with improving this project, and for the purposes of SEQRA will thus be the Lead Agency, and WHEREAS, an Environmental Assessment Form has been prepared and is part of the Engineer's Report, and is available for public inspection, NOW THEREFORE BE IT RESOLVED, that the Town Board shall conduct a Public Hearing with respect to the proposed establishment of the Quiet Acres Lighting District and said Public Hearing will be held on the 18th day of September, 1989, at 7:00 P.M. at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and BE IT FURTHER RESOLVED, that the Map, Plan and Report filed herein shall be available for public inspection in the Office of the Town Clerk during business days between 8:30 A.M. and 4:00 P.M. and BE IT FURTHER RESOLVED, that a copy of this Order and complete itemization of the metes and bounds description of said District shall be published at least once in the official newspaper of the Town not less than ten (10), no more than twenty (20) days before the date set herein for the Public Hearing, and BE IT FURTHER RESOLVED, that all parties interested in being heard on both the Environmental Assessment Form and the proposed District Establishment, should be present at the aforementioned date and time to be heard, and BE IT FURTHER RESOLVED, that the Town Board does hereby declare itself to be the Lead Agency with respect to this matter pursuant to 6 NYCRR, Part 617.6. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Unfinished Business --- 170 A request was received from Marlene Mills, Assessor's Aide to attend a training course at Millbrook, New York from September 11 through the 15th, 1989 on Introduction to the Mass Appraisal. MRS. SMITH moved to grant permission to Mrs. Mills to attend the training course as requested and all legitimate expenses will be a Town charge. Seconded by Mr. Farina Motion Unanimously Carried Mr. Valdati noted that the Board had received a partial cost break- down of the Town Wide pick-up, from the Supervisor's Office inclusive of July 29th. He suggested that they meet to discuss the cost for the remainder of the Town to be serviced as he feels the entire Town should benefit from this program. Mrs. Smith said she had previously asked for this meeting and it should be held within ten days. Mrs. Paino said she would schedule it and inform them of the date. Mr. Farina referred to an acknowledgement of receipt of our letter from Assemblyman Stephen Saland regarding the desecration of the Flag. Dear Elaine, This will acknowledge receipt of your letter of July 7, 1989 together with a copy of the resolution adopted by the Wappinger Town Board in support of an amendment to the Constitution making it illegal to deface or desecrate the United States Flag. I appreciate your providing me with this resolution, please be assured that I share the concerns of the Town of Wappinger. Kind regards, Sincerely, s/ Steve Saland New Business --- Mrs. Paino requested the Town Clerk to send a letter to Mr. Croshier asking that he investigate a complaint regarding pine trees obstructing the view on the corner of Vorndran Drive and Pye Lane; and further request that he and the Engineer investigate the need for a Yield Sign at Montfort Road and Myers Corners Road. In order to avoid any possible problem regarding tree removal, Mr. Farina noted that if Mr. Croshier determines that these trees need cutting and they are on Town right-of-way, he confers with the owner of the adjacent property and advisesshim of the procedure of tree cutting on Town right-of-way. 171 Mr. Joe Tinelli asked to comment, stating that the intersection of Montfort Road and Myers Corners Road, which they were just speaking of, is extremely dangerous. Mr. Paggi interjected the fact that about a year ago, the County, together with the Town, started channelizing that intersection and Mr. Croshier is going to start on that in about a week and they intend to make the intersection more manageable. They have been aware of it for some time and have been working on the plans. There was no other business to come before the Board. MRS. PAINO moved to adjourn the meeting, seconded by Mrs. Smith and unanimously carried. The meeting adjourned at 8:50 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 8/7/89