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1989-04-03 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Reg. March 6, 1989 4. REPORTS OF OFFICERS: Rec. of Taxes Bldg. Insp. Zng. Adm. Hydrant Report Town Justices Recreation Annual Report Dog Control Officer Sup/Compt. 5. PETITIONS & COMMUNICATIONS a. Corr. From Kathy Cherubini re: Commendation of heroic act of a Neighbor b. Corr. from Ron Lafko re: effects of Fuel Spill near Airport on Atlas Water Supply c. J. Paggi, Eng.to Twn report on Mr. DellaCorte's Drainage Problem d. Rob't C. Delayo re: his extended drainage problem on Sucich Place e. Report from J. Paggi re: acceptance of drainage easement offered by Mario Leone (Formerly Stanley Cole) f. J. Paggi re: placement of Stop Signs as recommended by K. Croshier g. Response from DOT & Co. Dept. P.W. on Traffic Violations/Complaints referred to them by Town h. Paul Palmateer re: Extension of Water Line approximately 100' to service his second lot i. NYS Dept. PS re: Order of Permanent Adoption for approval of transfer of Wappinger Park Water System to Town j. Receipt of Declaratory Judgement in the matter of the legality of Local Law #6 of 1981 (Tri -Municipal) 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Authorize Supervisor to sign Change Order for Central Hudson Street Lighting Order b. Approve Agreement with Effron & Son for Baling/Removal of Scrap Metal c. Approve reduction in amount for Letter of Credit for G. & S. Properties, Inc. d. Approve Agreement for Sr. Citizens Exercise Program & Authorize Supervisor to sign e. J. Railing request to give Water Service to lands of A. Roberts with recommendation from J. Paggi, Eng. to Town f. Accept Easement from John Montfort - Cedar Hill Rd g. Adopt Local Law for "No Parking" on outer Perimeter Regency Drive h. Adopt Local Law for "No Parking" on Median in Wildwood Drive i. Resolution for Atlas Water District j. Resolution in support of Village purchase of old Post Office Bldg. k. Justice Court request re: Engaging Part Time Personnel and establishing their hourly pay 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT REMINDER: 2 Public Hearings - starting at 7:15 P.M. "NO PARKING" Local Laws -Wildwood Median and Regency Drive 66 The Regular Meeting of the Town Board of the Town of Wappinger was held on April 3, 1989 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 7:40 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Gladys Ruit, Deputy Town Clerk Absent: Elaine H. Snowden, Town Clerk (away on business) Others Present: Thomas Wood, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town The Supervisor requested all to join in the Pledge of Allegiance to . the Flag followed by a moment of silent prayer for the Town of Wappinger and its residents. The Minutes of the Regular Meeting of March 6, 1989, having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. SMITH moved that the Town Board Minutes of March 6, 1989, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Reis Motion Unanimously Carried Reports were received from the Building Inspector for the month of February, Receiver of Taxes for February and the Annual 1988 Report from the Recreation Commission. MR. FARINA moved to accept the above stated Reports and place them on file. Seconded by Mrs. Smith Motion Unanimously Carried Mr. Valdati noted that the Dog Control Officer's report had not been received. 67 Petitions & Communications --- A letter was received from Kathy Cherubini of Sherwood Forest requesting that her neighbor, Chris Macrillo, be nominated for an outstanding citizen award, the reason being that Katy had an accident involving an explosion from her gas stove, due to a leak, and Chris came to her rescue when he heard her screams. Her doctor's report indicated that Chris saved her from permanent disfigurement and she felt this honorable gesture and quick action was deserving of an official letter or certificate in recognition of Chris as an outstanding citizen. MRS. PAINO moved to send a letter of appreciation and recognition from the Town Board to Chris Macrillo for his outstanding service to the community, in particular, to his neighbor, Kathy Cherubini, in coming to her. aid. Seconded by Mr. Reis Motion Unanimously Carried Correspondence was received from Ron Lafko indicating that he had monitored the Wappinger Creek and Atlas Wells 1 and 2 for several days following the jet fuel spill at the Airport on February 27, 1989 and tests performed at these areas on the water were found to be negative and confirmed the lack of contamination. Mr. Paggi noted that he was in touch with Mr. Marlow, Dutchess County Health Department who came to the site and tested the Creek near the Atlas Wells and the results were negative. Both he and Mr. Lafko were very cooperative. MR. VALDATI moved to accept this report and place it on file. Seconded by Mr. Reis Motion Unanimously Carried A report was received from Mr. Paggi on Mr. Della Corte's complaint re Sucich Place Drainage. He had investigated the complaint and included the area; he reviewed the necessary work that had to be done and estimated that the total project cost would be $68,000.00. Mr. Della Corte was present and noted that there were four homes in the corner affected by the problem. Mrs. Paino responded that they were aware that it is an area problem, however, since he first addressed the Board on this they were dealing with him primarily. She felt that a work shop should be held with all concerned and they can then voice their problems. 68 Correspondence was received from Mr. Paggi regarding the acceptance of a drainage easement offered by Mario Leone (formerly Stanley Cole). Mr. Paggi explained that the current owner of this parcel has subdivided the property; the drainage traverses both properties and he has offered a_ drainage easement to the Town and the owner of the other parcel. This was at the request of the Planning Board and upon review Mr. Paggi found it to be acceptable and recommended that the Attorney submit his recommendation. Mr. Wood indicated that he had reviewed the easement and found it to be in recordable form and recommended that the Town accept said easement. MRS. SMITH moved to accept the drainage easement offered to the Town by Mario Leone (formerly Stanley Cole on Route 9). Seconded by Mr. Reis Motion Unanimously Carried At the last meeting, our Highway Superintendent requested Stop Signs at various intersections in the Town. Mr. Paggi reviewed these location and reported that he had no engineering related concerns in the placement of the signs, as requested. MRS. PAINO moved to request the Attorney to prepare a Local Law authorizing these Stop Signs to be placed at the intersections requested, for consideration by the Town Board at their next meeting. Seconded by Mr. Reis Motion Unanimously Carried A response was received from the New York State Department of Transportation and the Dutchess County Department of Public Works regarding our complaints to them of various traffic violations. These included using private property to create a traffic lane to make a right turn at Route 9D and Old Hopewell Road; crossing the Rt. 9 median at Osborne Hill Road which has been closed for several months; crossing the Rt. 9 median exiting from the 7 -Eleven Store in order to make a left turn from Rt. 9 on to Old Hopewell Road. The D.O.T. recommended that more enforcement be used for these violations and Mrs. Paino has forwarded this information to our Vandalism Patrol, the Dutchess County Sheriff Department and the State Police. A request was received from Paul Palmateer, 40 Montfort Road, to extend his water line approximately 100' to service his second lot. 69 Mr. Paggi had investigated this request, noted that it is within the confines of Central Wappinger Water Improvement Area and although he had no problem with the extension to serve the proposed new lot, he requested that the sizing of the extension and the responsibility of the installation should be clarified. Mrs. Paino requested that the Town Clerk's Office forward a letter to Mr. Palmateer indicating that he clarify the length of the extension, the responsibility of the installation and any other information that the Attorney and the Engineer may require. The State of New York Department of Public Service forwarded a Notice of Order of Permanent Adoption for Approval of Transfer of the Waterworks System of Wappinger Park Homes, Inc. to the Town of Wappinger. MRS. PAINO moved to accept the Order and place it on file. Seconded by Mr,. Farina Motion Unanimously Carried The Town was notified that Judge Jiudice, Supreme Court, Dutchess County, State of New York declared Local Law #6 of 1981 was illegal and made the following declaration: 1. Local Law #6 of 1981 is void and unenforceable as violative of the New York State Constitution and the general laws of New York State. 2. Local Law #6 of 1981 is void and unenforceable as duly restricting the powers of the Town Board of the Town of Wappinger. 3. Local law #6 of 1981 does not prohibit the Town Board of the Town of Wappinger from entering into an agreement with Tri -Municipal Sewer Commission. MRS. PAINO moved the accept this ruling and place it on file and a letter of thanks be sent to Vernon Smith, the Plaintiff in the case. Seconded by Mr. Valdati Motion Unanimously Carried MRS. PAINO moved to authorize the Attorney and the Engineer to the Town to move expeditiously to arrange meetings with the Tri -Municipal Sewer Commission to negotiate the contract between them and the Town. Seconded by Mrs. Smith Motion Unanimously Carried Committee Reports 70 Gordon Hirt, Wappinger County Legislator was present and Mrs. Paino invited him to speak on County activities that may be of interest to the Town of Wappinger. He announced that he had a few comments on County Road 11 and Iroquois Gas Line. There was a session on the latter at the Farm and Home Center last week and there was a great deal of interest in the subject but it was primarily a forum for Central Hudson. He felt it would go through in spite of anyone's protestation. He's been getting a lot of mail from contractors (Co.Rd.11) and interested people wishing that they would do it and an equal amount from those that don't want it done, it cost too much money. He thought it was about 50-50 now. He spoke briefly on the budget and the problems they are now having with cuts; which are mandated expenses and which ones are not. Councilman Valdati, Safety, spoke about a depression in the road on Old State Road and Middlebush Road by the machine shop. There's many inches of water in this depression and it creates a hazardous condition especially in the evening when the motorists cannot determine that it is water they are heading into until they actually do. He requested that a letter be directed to the Dutchess County Department of Public Works alerting them to this situation and requesting them to do what they can to correct it. Councilman Reis had no reports for this meeting. Councilman Farina, Associatirn of Towns Meeting, reported that he and Councilwoman Smith met with an engineering firm when they attended that meeting, whose specialty is solid waste. Since Resource Recovery is the project of the County and they do not attend these meetings, he and Mrs. Smith requested material to be sent to them regarding this subject. Mrs. Smith has forwarded her packet to Mrs. Pattison and Mr. Farina intended to pass his along to our Legislator, Gordon Hirt. The engineering firm helped resolve the landfill problem by "This Is Garbage" which is a building material that they use to construct their own buildings and it reduces the landfill requirements by a significant amount. He felt it would be interesting reading and applicable to the County's efforts with the garbage to steam plant. Councilman Farina, Refuse, reminded the Senior Citizens that the fee 71 for the Saturday Morning Refuse Program has been reduced beginning April, to $1.50 per bag from $2.50 per bag due to a surplus in the account which was explained by Mr. Farina at the last meeting. Councilwoman Smith, Dial -a -Ride, reported as a point of information, their fares cover 8% of their costs and 90% is subsidized. The State is talking about dropping their assistance from 20% to 10% to municipalities for capital transit improvements. This would greatly affect Dutchess garage and they that the public County since would lose call their they have intentions of building a bus a lot of that aid. representatives and The County is requesting ask that they leave the aid as is and not cut it. The emphasis is being placed on calling these representatives since there is not enough time to write. Another item of information is that a public hearing will be held on the proposed increase on bridge fare from 50 to 75c, on May 11, 1989, at the Raddison Hotel. Under Personnel, Councilwoman Smith brought to light the fact that the Building Department is not covered through the lunch session and break time. She wished to offer a resolution to alleviate this situation, however Mrs. Paino interrupted her and stated that this subject should be discussed at an executive session. She apologized to Mrs. Smith who accepted the interruption and was very cooperative and agreed to discuss it at another time. Resolutions Central Hudson Gas & Electric Corporation forwarded a Street Lighting Change Order to the Board to make lamp changes in the Hughsonville Lighting District. MR. VALDATI moved to approve the Street Lighting Change Order and authorize the Supervisor to sign the Order. Seconded by Mr. Farina Motion Unanimously Carried An Agreement was received from Charles Effron & Son for the disposal of scrap metal at $400 per trailer load. MR. FARINA moved to approve the Agreement with Charles Effron & Son and authorize the Supervisor to sign said Agreement. Seconded by Mrs. Smith Motion Unanimously Carried 72 A reduced Letter of Credit was received from the Mid -Hudson Savings Bank for the account of G and S Properties, Inc., for completion of work on the Lookout Point Subdivision. The Engineer had calculated the construction value of the work completed and inspected by his office and arrived at the amount of $135,640.00. (Letter of Credit set at $137,000). The Attorney stated that it required a Public Hearing by the Planning Board with a recommendation to reduce the bond before the Town Board can approve the reduction. MRS. PAINO moved to refer the Letter of Credit to the Planning Board for Public Hearing and recommendation to the Town Board. Seconded by Mr. Valdati Motion Unanimously Carried An Agreement with the Dutchess County Senior Citizen Association for an Exercise Program from January 1, 1989 to June 25, 1990 was brought before the Board for their approval. Mrs. Paino explained it was for the Village Seniors and since they do pay taxes to the Town it was felt they should do something for them. The Program is being conducted at the Zion Episcopal Church in the Village of Wappingers Falls. Mrs. Paino also noted that the monies for our contribution to this Program are included in the 1989 budget. MR. REIS moved to approve the Agreement with the Dutchess County Senior Citizen Association and authorize the Supervisor to sign the Agreement. Seconded by Mrs. Smith Motion Unanimously Carried At the last meeting a request was received from Jack Railing for water service from Central Wappinger Water Improvement Area for a parcel on Schueleft.Lands of Albert Robert. The action was tabled pending a recommendation from the Engineer, since received and stating that he had no problem with this hookup. MRS. SMITH moved to allow the water service for the parcel on Schuele Drive, at the recommendation of the Engineer. Seconded by Mr. Farina Motion Unanimously Carried 73 A letter was received from Albert Roberts, Attorney for John Montfort, Cedar Hill Road, indicating that a deed had been executed in favor of the Town for a certain portion of Mr. Montfort's premises along Cedar Hill Road. Mr. Roberts said they were having the property appraised for tax purposes and requested that the Town Board accept the property as a donation and a resolution of acceptance be contained in the Town Board minutes. The Engineer was in receipt of the description of the parcel and found it to be accurate in metes and bounds. Mr. Wood noted that there were two conditions placed on the acceptance; the first was that we provide him with a letter as to value, and the second was that we pay the Attorney's fee of $250.00. Without an appraisal amount we cannot provide him with a letter of value and it was his recommendation that if Mr. Montfort is deeding this to the Town, he's getting the road improvement in that area without paying any fees, and he's also getting a tax write-off, therefore the Town should not be paying any fee. MRS. PAINO moved that the Town not incur the cost of $250.00 for the Attorney's fees in the matter of Mr. Montfort deeding a strip to parcel to the Town. Seconded by Mr. Reis Roll Call Vote: 3 Ayes Mrs. Smith ---Nay, Mr. Farina ---Nay Motion Carried MRS. PAINO moved to authorize the Attorney to the Town to negotiate and resolve the appraisal issue with the Attorney for Mr. Montfort. Seconded by Mr. Valdati Motion Unanimously Carried A Public Hearing having been held by the Town Board on a proposed Local law regulating parking on Regency Drive, the matter was placed before them for their consideration. MR. VALDATI moved to adopt Local Law #3 of 1989 as follows: LOCAL LAW REGULATING PARKING ON REGENCY DRIVE IN THE TOWN OF WAPPINGER BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Legislative Intent It is the intention of the Town Board of the Town of Wappinger in the interest of the public health, welfare and safety of the people of the Town of Wappinger to restrict parking on certain parts of Regency Drive in the Town of Wappinger, so as to prevent 74 any obstruction to the normal and regular flow of traffic along Regency Drive. SECTION 2. Parking Restricted There shall be No Parking along the most southerly, most easterly and most northerly outer perimeter of Regency Drive in the Town of Wappinger. SECTION 3. Signs The Highway Superintendent of the Town of Wappinger is hereby directed to install appropriate signs indicating that there shall be No Parking in the designated area. SECTION 4. Violations The owner of any vehicle is found to be parked in a "No Parking" zone as enumerated above, shall be guilty of a violation and shall be subject to a fine in a sum not to exceed $50.00. SECTION 5. Effective Date This Law shall take effect immediately upon the filing with the Secretary of State of the State of New York. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays A Public Hearing was held by the Town Board on April 3, 1989, on a proposed Local Law regulating parking on Wildwood Drive, and the matter was placed before them for their consideration. MR. FARINA moved to adopt Local Law #4 of 1989 as follows: LOCAL LAW REGULATING PARKING ON WILDWOOD DRIVE IN THE TOWN OF WAPPINGER BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1 Legislative Intent It is the intention of the Town Board of the Town of Wappinger in the interest of the public health, welfare and safety of the people of the Town of Wappinger to restrict parking on certain parts of Wildwood Drive in the Town of Wappinger, so as to prevent any obstruction to the normal and regular flow of traffic along Wildwood Drive. SECTION 2. Parking Restricted There shall be No Parking on the median separating the lanes of travel on Wildwood Drive in the Town of Wappinger. SECTION 3. Signs The Highway Superintendent of the Town of Wappinger is hereby directed to install appropriate signs indicating that there shall be No Parking in the designated. SECTION 4. Violations The owner of any vehicle which is found to be parked in a "No Parking" zone as enumerated above, shall be guilty of a violation and shall be subject to a fine in a sum not to exceed $50.00. 75 SECTION 5. Effective Date This Law shall take effect immediately upon the filing with the Secretary of State of the State of New York. Seconded by: Mr. Valdati Roll Call Vote: 5 Ayes 0 Nays Mr. Valdati added that it is the perogative of the Town Board to review this Law at a future time and recall it if it does not deem the best interests of the community. Mrs. Smith added that she felt the residents of Wildwood would like to to have a work shop to discuss the problem of drivers crossing the median, however Mrs. Paino felt it should be discussed with the Engineer and the Highway Superintendent. The following Resolution was offered by SUPERVISOR 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 the Atlas Water System and the acquisition by the Town of said Water System, its well fields and distribution facilities, and WHEREAS, the Town Board has now received the Engineer's Report entitled, "Proposed North Wappinger Water District", 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 that said Plan also shows the source of the water supply, describes the land to be acquired, etc., and WHEREAS, the Engineer to the Town has filed these plans with the TownClerk of the Town of Wappinger, 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 North Wappinger Water District shall not exceed $350,000.00, and that said funds will be raised through the issuance of a Municipal Bond, 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 a benefit assessment basis, and WHEREAS, the Town Board is the only agency involved with improving this project, and for the purposes 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 North Wappinger Water District and said Public Hearing will be held on the 1st day of May, 1989 at 7:00 P.M., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and 76 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 the Town Clerk shall post said Resolution and Notice of Public Hearing on the official Posting Board of the Town of Wappinger, and BE IT FURTHER RESOLVED that all parties interested and 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 Mr. Paggi noted for the record that he filed his Report on said District with the Town Clerk on March 30, 1989. The following resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the United States Postal Service no longer uses the old Post Office located in the Village of Wappingers Falls, and WHEREAS, the Village officials and members of the Village community seek to obtain possession of said building for village and public use, and WHEREAS, it would be in the interest of all the citizens of the Village of Wappingers Falls, as well as the people of the Town of Wappinger that said building be acquired by the Village, and WHEREAS, the United States Government may be able to take steps to allow the acquisition of these premises without cost to the Village of Wappingers Falls, NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Wappinger does hereby lend support to the proposal that the United States Postal Service be allowed to give as a gift to the people of Wappingers Falls the former United States Post Office located in the Village of Wappingers Falls, and BE IT FURTHER RESOLVED that all officials of the Town of Wappinger are hereby encouraged to use all within their authority and power to effectuate the conveyance of this property to the Village of Wappingers Falls in the interests of the people of the Townof Wappinger. Seconded by: Supervisor Paino Roll Call Vote: 5 Ayes 0 Nays 77 A few weeks ago, Peg O'Leary, Executive Director of Wappingers Outreach wrote to the Board asking that they approve a resolution giving their support of the concept of the Village of Wappingers Falls taking over the old Village Postoffice for the sum of $1.00. Corres- pondence was received from Congressman Hamilton Fish indicating that although he would be very much in favor of the Village obtaining the Postoffice, it would not be legal to give it to them for the consideration of $1.00. Mr. Wood explained that the purpose of the resolution is to support the Village's efforts to get the building and normally the federal government can give its properties to local governments without consideration, however, that law does not apply to the postal service. Mrs. Paino added that last summer the Board passed a similar resolution of support. Mr. Valdati added his comments that the Village has hosted the Postoffice for approximately forty years and that's a lot of taxes that was not paid to the local government. Now there's a new Post - office in the Village and this, too, represents a loss of a lot of revenue. They have earned some consideration from the federal govern- ment for the acquisition of the Postoffice even if it is in terms of a reduced sales price based on years and years of taxes not paid to the community. He then offered the resolution for adoption. A request from the Justice Court regarding part time personnel and establishing their hourly pay was tabled at the last meeting and referred to a work shop meeting. MRS. SMITH moved to allow an hourly pay of $6.50 for Yvonne Lawrence and Cheryl Herring, part time personnel at the Town Justice Court. Seconded by Mr. Farina Motion Unanimously Carried Mr. Farina noted that this matter was brought up at budget time and the money is in the 1989 budget. Unfinished Business MRS. SMITH moved that the Building Inspector create a staggered lunch and break system in his department to better serve the public. Seconded by Mr. Farina Roll Call Vote: 3 Ayes Mr. Reis ---Nay, Mrs. Paino---No Response Motion Carried 78 Mr. Reis explained that his Nay vote was because he felt the Town Board should give the courtesy to the department heads in that department the opportunity to discuss it between themselves and with the Town Board before a resolution is brought forward. Mrs. Smith noted that she has had many calls from residents saying they couldn't get the Building Department at this time of day. Tim Classey, Building Inspector asked the Board whom is he supposedto stagger, he has one Secretary and a Clerk who works for the Zoning Department and the Building Department and she was hired with the intention of not dealing with the public. There is always someone there to take care of business, the office is 'never closed. Mrs. Paino reiterated her statement that this is a personnel matter and that is why she gave no response to the resolution. It was her opinion that it was improper to discuss the matter at an open meeting. Mrs. Smith rebutted that she had the Open Meetings Law in front of her and the items mentioned did not apply to the resolution that was put in front of the Board and approved. At this point Mrs. Paino asked the Attorney for his opinion and he stated that if specific personnel were discussed and a specific instance, they would be able to go into executive session, however, if they are talking about setting a general policy, that can be done by resolution. Mr. Classey still had questions on what they were asking him to do and were they talking about all the departments housed in that office or just the Building Inspector's department. Following a resident's opinion that no offices should be closed during lunch hour or any other time during working hours, Mrs. Paino's argument that they were not and the resolution just approved was inaccurate and Mrs. Smith's statement to the contrary, it was agreed that a work shop meeting would be in order to clarify the procedure they wish followed in that office regarding staggered lunch and break hours. Ken Wagner, Quiet Acres, was recognized by the Chair and inquired about the status of the petition from the residents of that area for street lighting. This was referred to the Attorney at the last meeting and he is checking the percentage of residents required who are in favor of the street lighting before they can proceed. Mr. Wood noted that he had checked with Mr. Logan, Town Assessor, and learned that the law requires 51% of the resident's signatures to mandate action 79 by the Town Board; the petition submitted came out to about 50.3%. Since it is so close Mr. Logan will double check the assessed values of the entire area and a letter will then be forwarded to the Town Board stating his opinion. Mrs. Paino felt this required a work shop and since Mr. Wagner was not available in April, the date was set for May 25, 1989. A resident from Ketchamtown Road complained about the dumping on that road which included large appliances, bed springs, etc., and asked the Board what they were going to do about it. Most of this material is in the area where there are No Dumping signs, he said, so don't tell them to put up signs. Mrs. Paino responded that she would alert the Highway Department and ask them to clean it up, also, they intended to have a work shop next week regarding a cleanup for the Town. Bernice Mills brought up a matter she complained about a few months ago which was the illegal roadway created by the Wildwood Condo and she noted that nothing was done about it. Mr. Farina had discussed it with the Zoning Administrator and said he would remind him of it again. Mr. Valdati referred to a fine levied by the D.E.C. on the Town for the improper functioning of Wappinger Sewer Improvement Area #1, (Oakwood Sewer Plant) in the amount of $12,000.00, but they were willing to accept, in lieu of the fine, an environmental project of approximately $10,000.00. He asked the Supervisor what the status of this was and will they meet their deadline set by the D.E.C. Mr. Wood noted that they had through the September 15th, 1989 deadline this year to come up with a proposal for the D.E.C.'s consideration. It was Mr. Valdati's understanding that the Village had submitted a request that we consider a project on the Wappinger Lake involving some of the money to be spent on studies of the Lake. Mrs. Paino said there was some discussion on this proposal and whether the $10,000 would be enough to do any good and that Committee, headed by Rudy Breglia, was going to bet back to the Town to discuss it further, but noone responded. Mr. Valdati noted that George Kolb has taken Mr. Breglia's place and requested that this correspondence be forwarded to Mr. Kolb and suggest that a work shop be scheduled for discussion on the use of some or all of this money on the Lake project. 80 Charlie Cortellino reminded the Board that the contract with U.S. Cablevision will expire next year and they should start thinking about it . Mrs. Paino asked the Attorney to follow through on this matter. New Business Mr. Farina spoke of correspondence received from James Whalen, which came in too late for the Agenda but he was requested to bring it up. It concerns a lot in Rockingham Farms and it was copied to the Engineer the Highway Superintendent, Thomas Wood and the Zoning Administrator. He has no problem with a home being built at that location (Southwest corner of intersection of Carroll Drive and All Angels Hill Road) but his concern is that of the piping of the creek as detailed in the blueprint and told to him verbally. It will be fine for the person that buys the property and builds but not for his side since it could cause flooding; his neighbors too will be affected. He requested that the Board look at this closely for the benefit of those it could affect. It was Mr. Farina's understanding that no formal application has been made, so there are no plans to look at. It was his intent that Mr. Whalen's letter be brought up at the meeting so he is aware that the Board has received it. Mrs. Smith noted that County Executive Pattison is visiting all the municipalities in the County and asked if a date had been set with her for our Board. Mrs. Paino replied that the Board will meet with Mrs. Pattison in June. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, this Town Board has previously established a Wappinger Park Water District, and WHEREAS, the first billing in said Water District is being mailed in April, 1989, to the customers of said District and thus funds will not be available until the end of April, or the beginning of May, 1989, for the payment of any of the District's bills, and WHEREAS, the Comptroller has indicated that there are certain bills which have been submitted which are charges against the Wappinger Park Park Water District, and WHEREAS, since this is a newly created District, there are no funds available within the budget lines of this District for the payment of these bills, and 81 WHEREAS, it would seem that it is appropriate that the Town Board authorize the Comptroller to borrow money from a separate Improvement District to pay the bills of the Wappinger Park Water District until said funds can be reimbursed out of the quarterly billings presently being made, NOW, THEREFORE BE IT RESOLVED, that the Comptroller be and hereby is authorized to borrow the sum of Six Thousand ($6,000) Dollars from the Central Wappinger Water Improvement Area, and to lend the same to the Wappinger Park Water District, and BE IT FURTHER RESOLVED, that said Six Thousand Dollars shall be used for the payment of bills presently due and owing by the Wappinger Park Water District, and BE IT FURTHER RESOLVED, .that the said Six Thousand ($6,000) Dollars shall be repaid to the Central Wappinger Water Improvement Area as soon as the funds are available from the proceeds of the billings of the Wappinger Park Water District. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino stated that she wished the rate of interest on this loan from CWWIA be the same that they have been enjoying prior to loaning this money to Wappinger Park Water District. Mrs. Paino set a Special Town Board for Thursday, April 13, 1989 at 7:30 P.M. for the sole purpose of setting a Public Hearing for Zoning Ordinance Revisions. There was no other business to come before the Board. MRS. PAINO moved to adjourn the meeting, seconded by Mr. Reis and unanimously carried. The meeting adjourned at 8:40 P.M. Gladys Ruit Deputy Town Clerk Reg. Mtg. 4/3/89 North Wappinger Water District District Description Beginning at a point said point being at the northeast corner of Lot Number 1 as shown on a Map entitled "Wil'dwood Forest - Section 2, filed Map Number 3431 and Section 2A" on file in the Dutchess County Clerks Office as Map Number 3431, said point also being on the southerly line of Widmer Road; thence leaving said northeast corner and running along the southeasterly line of said Subdivision the following courses and distances: South 17° 24' 00" West 131.85 feet, South 55° 55' 50" West 1,693.63 feet, South 52° 49' 10" West 717.06 feet, South 19° 10' 10" East 118.00 feet and South 56° 55' 20" West 332.29 feet to a point being the southerly most corner of said Subdivision, said point also being the southerly corner of Lot Number 67; thence leaving said corner and running along the southwesterly and westerly line of said Subdivision the following courses and distances: North 18° 20' 50" West 647.75 feet, South 57° 35' 50" West 207.53 feet, North 31° 02' 10" East 1,738.10 feet to a point being the northwesterly corner of the herein described Subdivision, said point also being the northwest corner of Lot Number 86, and said point also being on the southerly line of said Widmer Road; thence leaving said northwesterly corner and running along said Widmer Road to the southwesterly corner of Lands now or formerly Rood, Liber 1074, Page 100; said point also being on the northerly line of said Widner Road; thence leaving said southwesterly corner and said northerly road line and running along the -westerly line of said Rood North 30° 51' 20" East 1,229.66 feet to a point being the northwest corner of said Rood, said point also being on the southerly line of Lot Number 30 as shown on a Map entitled "Map of Wildwood Forest" on file in the Dutchess County Clerks Office as Map Number 3176; thence leaving said northwesterly corner and said southerly lot line -and running -along said line of Lot Number 30 and the westerly line of the herein described Subdivision the following courses and distances: South 34° 09' 30" West 25.00 feet, South 71° 07' 20" West 331.75 feet, North 73° 31' 20" West 298.56 feet, North' 04° 45' 50" East 208.60 feet, South 58° 10' 50" West 393.41 feet, North 23° 38' 00" West 169.82 feet, North 17° 58' 30" West 238.75 feet, North 15° 29' 10" West 160.93 feet, and - North 03° 44' 50" West 99.77 feet to a point being the northwesterly corner of the herein described Subdivision, said point also being the westerly corner of Lot Number 1, and said point also being at the. southwest corner of a map entitled "Wildwood Manor on Survey of Lafko-Alexander Property" on file in the Dutchess County Clerks Office as Map, Number 3107; thence leaving said common corner and running along the westerly line of said Filed Map Number 3107 North 52° 54' 40" West 790.65 feet to a point being the westerly corner of said Filed Map, said point also being the southeast corner of Lands now or formerly Gunson, Liber 1355, Page 309; thence leaving said common corner and running along the southerly line of said Gunson and the southerly line of Lands now or formerly Crane, Liber 1756, Page 484, and the southerly and westerly line of Other.. Lands of Crane, Liber 1587, Page 257 the following courses and distances: South 82° 19' 20" West 108.24, South 82° 05' 00" West 108.24 feet, South 82° 05' 00" West 134.00 and North 37° 55' 00" West 251.30 feet said point being the westerly corner of said Crane, said point also being on the southerly line of New Hackensack Road; thence leaving said northwesterly corner and crossing said Hackensack Road and running to the southwesterly corner of Lands now or formerly the Town of Wappinger as described in Liber 1401, Page 344, said point also being on the northerly line of Hackensack Road; thence leaving said northerly road line and running along,the westerly line of said Town of Wappinger the following courses and distances: North 49°51'40" West 43.14 feet, North 56° 17' 50" West 159.18 feet, North 72° 39' 20" West 128.91 feet, North 55° 35' 50" West 23.73 feet, North 58° 43' 30" West 12.88 feet, North 67° 52' 30" West 24.61 feet, North 80° 48' 50" West 65.33 feet, North 50°. 16' 30" West 51.78 feet and North 80° 52' 20" West -35t feet to a point being on the southerly bank of the Wappinger Creek, said point also being on the westerly line of Lot Number 10 - Block A as shown on a Map entitled "Quiet Acres" on file in the Dutchess County Clerks Office as Map Number 2936; thence leaving said northwesterly corner and running along the westerly line of Lot Number 10 and the westerly line of Lot Numbers 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of Block A along said creek bank to a point being at the northerly corner of Lot Number 20; thence leaving said northerly corner and running along the northerly line of said Lot Number 20 South -370 .3D'-..0.0"..East.s2,45t feet_t_ to a point being the easterly corner of said Lot Number 20 said point also being on the northerly line of Helen Drive; thence leaving said easterly corner and running along said northerly road line North 52° 30' 00" East 50.00 feet to a point being the southerly corner of Lot Number 33; thence leaving said northerly road line and said southerly corner and running along the southwesterly line of said Lot Number 33 North 37° 30' 00" West to the southerly corner of a parcel identified ..by Tax Grid No. 6158-02-753881 of said parcel (6158-02-753881) feet; thence running along the southeasterly and northeasterly` line to a point being the westerly corner of Lot Number 32; thence leaving said corner and running along the northerly line of said Lot Number 32 and Lot Numbers 31, 30, and 29 North 47° 41' 00" East 340.00 feet to a point being the northerly corner of said Lot Number 29, the westerly corner of Lot Number 28 and the southerly corner of Other Lands of the Town of Wappinger as described in Liber 1244, Page 757; thence leaving said common corner and running along the southwesterly line of said Town of Wappinger North 42° 19' 00" West 417.00 feet to a point being the northwesterly corner of said Town of Wappinger, said point also being in the centerline of the Wappinger Creek; thence leaving said northwesterly corner and running along said Creek centerline the following courses and distances: North 39° 00' 00" East 84.00 feet, North 30° 00' 00" West 125.00 feet, North 26° 30' 00" East 75.00 feet,' North 80° 00' 00" East 70.00 feet, and North 37° 44' 00" East 234.74 feet to a point being the northerly corner of said Lands of the Town of Wappinger, said point also being the northwesterly corner of Other Lands of the Town of Wappinger as described in Liber 1244, Page 753; thence leaving said common corner and continuing along said Creek Centerline the following courses and distances: North 46° 42' 50" East 250.93 feet, North 56° 52' 00" East 290.00 feet to a point being the northerly corner of said Lands of Town of Wappinger; thence leaving said northerly corner and running along the northeasterly line of said Town of Wappinger South 34° 07' 40" East 445.00 feet to a point being the easterly corner of said Town of Wappinger, said point also being the northerly corner of Lots Numbers 17 and 18 as shown on a Map entitled "Map of Subdivision of Meadow Heights" on file in the Dutchess County Clerks Office as Map Number 3051; thence leaving said common corner and running along the northerly line of said Subdivision South 34° 07' 40" East 1,209.61 feet to a point being the westerly corner of Lot Number 5 as shown on a Map entitled, "Swenson Subdivision" on file in the Dutchess County Clerks Office as Map No. 7771; thence leaving said northerly line of Filed Map Number 3051 and said westerly corner of Lot Number 5 and running along the northerly and easterly line of said Lot Number 5 North 41° 49' 40" East 484.73 feet and South,_.._..,... 36° 40' 20" East 695.75 feet to a point being the southeasterly corner of said Lot Number 5, said point also being on the northerly line of New Hackensack Road; thencet'. leaving said southeasterly corner and running along the southeasterly line of Lot Number 5 along said New Hackensack Road the following courses and distances: South 39° 18' 00" West 92.40 feet, South 70° 34' 00" West 44.20 feet, South 38° 01' 00" West 91.88,feet, South 34° 26' 00" West 74.36 feet and South 38° 32' 00" West 190.48 feet to a point being the southerly corner of said•Lot Number 5, said po4.nt also being the southeasterly corner of Lot Number 33 as shown on a Map entitled "Map of Subdivision of Meadow Heights" on file in the Dutchess County Clerks Office as Map Number 3051; thence leaving said common corner and continuing along the northerly line of said New Hackensack Road to a point being the southwest corner of said Subdivision, said point also being the southwest corner of Lot Number 1 as shown thereon; thence leaving said northerly road line and said southwesterly corner and running along the westerly line of said Subdivision the following courses and distances: North 34° 44' 00" West 152.30 feet, North 37° 02' 00" West 79.22 feet, North 34° 34' 00" West 115.67 feet, North 31° 33' 00" West 158.13 feet, North 37° 57' 00" West 82.79 feet, North 28° 02' 00" West 92.57 feet, North 34° 47' 00" West 68.79 feet, North 36° 00' 00" West 62.70 feet, and North 34° 04' 00" West 77.31 feet to a point being on the westerly line of Lot Number 8, said point also being the easterly corner of Lot Number 17, Block B as shown on a Map entitled "Quiet Acres" on file in the Dutchess County Clerks Office as Map Number 2936; thence leaving said westerly line of Lot Number 8 and said easterly corner and running along the southerly line of said Lot Number 17 and the southeasterly line of said Map Number 2936 the following courses and distances: South 50° 13' 10" West 155.72 feet, South 12° 52' 50" East 27.65 feet, South 50° 00' 00" West 333.10 feet, South 50° 52' 00" East 100.26 feet, South 02° 08' 00" East 50.52 feet, South 18° 40' 00" West 162.14 feet, South 04° 34' 00" East 112.87 feet, South 21° 14' 00" East 250.38 feet to a point being the southeast corner of Lot Number 1, said point also being on the northerly line of said New Hackensack Road; thence leaving said southeasterly corner and running along said New Hackensack Road to a point being the northeast corner of Parcel E as shown on a Map entitled "Plat of Wildwood Manor on Survey of Lafko-Alexander Property" on file in the Dutchess County Clerks Office as Map Number 3107, said point also being on the southerly line of said New Hackensack Road; thence leaving said northeasterly corner and running along said easterly Subdivision Line South 26° _ I1' 10" East 644.75 feet to a point, said point being the. _.._ northwesterly corner of Lot Number 116 as shown on a Map entitled "Map of Wildwood Forest" on file in the Dutchess County Clerks Office as Map Number 3176; thence leaving said northwesterly corner and running along the northerly line of Lot Numbers 116, 115 and 114 North 59° 34' 10" East 377.01 feet to a point being the northerly corner of said Lot Number 114, said point also being the northerly corner of the herein described Subdivision; thence leaving said northerly corner- and running along the easterly line of said Subdivision the following courses and distances: South 27° 51' 30" East 698.37 feet, North 57° 56' 30" East 670.07 feet, South 27° 49' 20" East 412.56 feet, South 24° 37' 00" East 289.29 feet, South 26° 52' 30" East 446.73 feet, South 14° 47' 50" West 409.00 feet to a point being the easterly corner of Lot Number 85, said point also being the northeast corner of Lot Number 2 as shown on a Map entitled "Two -Lot Subdivision Map of Lands of Trojan Homes" on file in the Dutchess County Clerks Office as Map Number 5653; thence leaving said common corner and running along the easterly line of said Lot Number 2 South 15° 30' 00" West 340.00 feet to the southeast corner of said Lot Number 2, said point also being on the northerly line of Widmer Road; thence leaving said southeasterly corner and said northerly road line and crossing said Widmer Road to the point of beginning. The above description is a compilation of existing filed maps and deeds of record. The descriptioq is subject to what an accurate survey map may disclose.