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1987-03-02 RGMAGENDA -TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING MARCH 2, 1987 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE OF ALLEGIANCE TO FLAG 3. ACCEPT MINUTES: Reg. Jan. 20, 1987 - Feb. 2, 1987 - Special Feb. 19, '8? 4. REPORTS OF OFFICERS: (for Jan.) Receiver of Taxes; Town Justices; Zng. Adm. Hydrant; Sup/Compt. - Town Justices Annual Reports of 1986 Annual Audit report for 1985 and Recreation Annual Report 1986 5. PETITIONS & COMMUNICATIONS a. Corr. from Camo and Keith Gordon re: acceptance of Pond View Subdivision Ejecter pump station. All in compliance b. Gerald Brienza re: complaint about M & G Sanitation service c. K. Croshier, H. Supt. request that Eng. to Town research Turn- around on Pattie Place. d. D. Kriegsman requests permission to attend Annual Bldg. Officials School & Conference 3/12-3/13. e. R. Holt, Ch. Rec. Comm. re: increase of per lot fees in lieu of land for recreation purposes f. M. Leonard, Pres. Greenbaum & Gilhooleys, re: intent to renew Liquor license. g. Village of Wappingers Falls - request to use 4 voting machines for village Elections 3/17 h. Resignation from Board of Ethics by Alberta Roe i. Rec. Comm. requests T/Bd to authorize Eng. to Twn to prepare Specs for Bathroom facilities at Spook Hill and authorize to go to Bid 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Consider adoption of Local Law for 0 & M rates CWWIA b. Town Justices request for add'l hourly compensation for Armed Court Officers c. Designate Attorney to handle certain Town Personnel matters d. Introduce Zoning Ord. Amendments - Satellite Dish Antennas, etc. e. Authorize Engineers to Town to rebid Hilltop Drainage project f. Consider appointment of Recreation Director and Maintenance Supervisor 8. UNFINISHED BUSINESS a. Joel Hanig, Attny, re: Status of Rezoning application from Wm. Greer (Rte 9 property behind Waldbaums - SC to NB) b. NYSDOT Notice of Order establishing Speed limit for Stoneykill Rd. c. Response from G. Ponte, Acting Supt. of Schools re: Air testing d. Response to request that T/W Twn. Bd. serve as lead Agency from Tri -Municipal - Does not consent e. Response to letter of concern to J. Spratt, D. Co. on Old Hopewell Rd. curb cut for 7 -Eleven store f. N.Y.S.DOT response to Town's refusal regarding Street lights along Rte 9, etc. g. Status of Contrail Rezoning h. Authorize Recreation Commission to go to bid on Chelsea Boat Ramp. 9. NEW BUSINESS Engineers to Town w/ proposed Rules and Regulations regarding Sewer and Water Taps 61 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on March 2, 1987 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:43 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr., Engineer Kenneth Croshier, Highway Superintendent The meeting began with all joining in the Pledge of Allegiance to the Flag, followed by a moment prayer for the residents of the Town and the Town in general. The Minutes of the January 20th and February 2nd, 1987 Regular Meetings, and the February 19th, 1987 Special Meeting, having previously been forwarded to all Board Members, were now placed before them for their consideration. MR. FARINA moved that the above stated Minutes, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Visconti Motion Unanimously Carried Reports for the month of January were received from The Receiver of Taxes, Town Justices, Zoning Administrator, Hydrant Report and the Supervisor/Comptroller Report, also Town Justices for February, Town Justices Annual Reports of 1986, the Annual Audit Report for 1985, the Supervisors Annual Report for 1986 and the Recreation Annual Report for 1986. MRS. VISCONTI moved to accept the above stated reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Paino recognized Mayor Synnett from the Village of Wappingers 62 reassessment of their properties. The raise in the assessments plus the raise in the Town rate for the Village portion within this Town has really hurt these people and will also hurt the Village budget. He requested that grievance hearings that will be conducted by the Assessor and the firm that prepared these assessments, be held in the Village Hall for the elderly citizens and those who cannot drive. Mr. Logan, Assessor for the Town, was present along with two repre- sentatives from Finnegan Associates, and explained the procedure that all residents would have to follow if they have a problem with the new assessment. Following the hearings with the Finnegan representatives, Mr. Logan stated that he was available to answer questions and if they still were not satisfied, they can file a grievance with the Review Board on the third Tuesday in May. He added that they were doing everything they could to help the residents, and the Town Board has provided every benefit under the law to give exemptions to eligible senior citizens and veterans. In response to Mayor Synnett's request, Mrs. Paino responded that she had no problem with arranging hearings for the Village residents, especially the senior citizens, at the Village Hall; she suggested that when they call Finnegan Associates for an appointment, they should inform them that they are Village residents, and arrangements will be made for them to meet at the Village Hall. Petitions & Communications --- Correspondence was received from Camo Pollution Control and Keith Gordon, developer of the Pondview Subdivision, regarding the acceptance of the pump station. The Engineer reported that the ejector station malfunctioned again this past weekend. Camo Pollution Control has determined the reason for the malfunction and are now in the process of repairing it. When the repairs are completed, the Engineer will prepare a final report to the Board which should be ready for the next meeting. Mrs. Paino pointed out that any bills incurred for these repairs will be paid by the developer. Jeff Hunt, one of the principals of the Pondview Subdivision was present and agreed that they would be responsible for these repairs. 63 MRS. PAINO moved to table acceptance of the Pondview Ejecter Station until the next meeting. Seconded by Mr. Reis Motion Unanimously Carried A letter was received from Gerald Brienza relating to notification from the M & G Sanitation Company on the number of pickups that they would make and the number of garbage cans that would be picked up. Mr. Farina explained that M & G Sanitation Company had recently bought out another company that had offered both one and two pickups a week. He had received complaints on this situation and pointed out that the Town does have a program at the Highway Department every Saturday morning to dispose of garbage, however with the present situation, this, too, might be in jeopardy. Since this is a complaint, he recommended that MR. FARINA moved General's office it be referred to the proper agency. to forward this correspondence to the Attorney for investigation and notify Mr. Brienza of this action. Seconded by Mrs. Paino Motion Unanimously Carried Kenneth Croshier, Highway Superintendent wrote to the Board request- ing that they authorize the Engineer to the Town to research the turn -around on Pattie Place to determine whether it is privately owned or deeded to the town. MR. FARINA moved to refer this correspondence to the Engineer for his investigation and report to the Highway Superintendent. Seconded by Mr. Reis Motion Unanimously Carried A request was received from Dan Kriegsman, Building Inspector to attend the 38th Eastern States Annual Building Officials School and Conference, Kerhonkson, New York on March 12th and 13th, 1987. The enclosed information with this request indicated that it is a state mandated conference. MR. REIS moved to grant permission to Mr. Kriegsman to attend the conference and his legitimate expenses will be a Town charge. CannnriaiR her Mr ValAnFi 64 Board requesting that the recreation fee in lieu of land from developers be raised from $500 to $800. MR. REIS moved to increase the fees for recreation purposes, in lieu of land from $500 to $650. Seconded by Mr. Farina Motion Unanimously Carried Mr. Farina noted that it is the preference of the Town Board to take land from the developers for recreation purposes, whenever possible. Notification was received from Michael Leonard, President of Greenbaum & Gilhooley's Restaurant on Route 9, that they intended to renew their liquor license. MR. FARINA moved to receive this correspondence and place it on file with no comment. Seconded by Mrs. Visconti: Motion Unanimously Carried A request was received from the Village of Wappingers Falls for the use of four voting machines for their Annual Election on March 17, 1987. MR. REIS moved to grant permission to the Village of Wappingers Falls for the use of four of the Town's voting machines for their Annual Election of March 17th, 1987. Seconded by Mr. Valdati Motion Unanimously Carried A resignation was received from Alberta Roe from her position as a member of the Board of Ethics. Mrs. Roe was recently appointed to the Zoning Board of Appeals and felt it was appropriate to resign from her position on the Board of Ethics. MRS. VISCONTI moved to appoint Robert Rahemba as a member of the Board of Ethics. Seconded by Mrs. Paino Motion Unanimously Carried Another communication from the Recreation Commission was a request fnr Cham 1-n ai,thnri7e the Engineer to the Town to prepare specifica- L L 65 MR. REIS moved to authorize the Engineer to the Town to prepare specifications for bidding the bathroom facilities at the Spook Hill Recreation Area. Seconded by Mrs. Paino Motion Unanimously Carried Prior to Committee Reports, Mrs. Paino wished to appoint Mr. Valdati to specific Standing Committees, previously chaired by Mr. Bracone. MRS. PAINO moved to appoint Mr. Valdati as Chairman of the Safety, Highway, Drainage and Library Committees. Seconded by Mr. Reis Motion Unanimously Carried Committee Reports --- Neither Mr. Valdati nor Mr. Reis had reports for this meeting. Mr. Farina, Ordinance Committee reported that Town Justice Francese requested a discussion on the Dog Ordinance at a future work shop with the Town Board. Mrs. Snowden requested to be notified of the date of this meeting. Mrs. Visconti reported at the last meeting that the light at Rt. 376 and Robinson Lane was installed but not operating. She has learned that it will be another two weeks before it is in operation but expects to have confirmation on a date by tomorrow. She believes that it will be in operation by the opening date of Little League. Mrs. Paino addressed the garbage situation and noted that our Town as well as others in Dutchess County are having difficulties with the garbage situation. This has been the case since the privately owned landfill in Amenia closed its services. Last Tuesday night she met with Michael Murphy, Assistant to the County Executive/ and prevailed upon him to rectify the problem for us and the other municipalities in the County. He indicated that at the end of March, the garbage to steam in the Town of Poughkeepsie should be starting. The D.E.C. intends to have a ninety day shakedown period during which time the system will be tested for emissions into the air and toxicity of the fly ash. In order to do this they need garbage to put through the system and Mrs. Paino requested that this garbage be obtained 66 Resolutions --- A Public Hearing having been held on March 2, 1987 on a Proposed Local Law Establishing Water Rates for the Central Wappinger Water Improvement Area, the matter was now placed before the Town Board for their consideration. MRS. PAINO moved to adopt Local Law #9 of 1987 as follows: A LOCAL LAW AMENDING LOCAL LAW NO. 9 OF THE YEAR 1985 WITH RESPECT TO THE ESTABLISHMENT OF WATER RATES FOR THE CENTRAL WAPPINGER WATER IMPROVEMENT AREA. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. Any and all prior local laws establishing water rates for the Central Wappinger Water Improvement Area with respect to residential uses is hereby repealed, only with respect to water rates and the prior laws are otherwise confirmed. SECTION 2. The following water rates are hereby established for the Central Wappinger Water Improvement Area: A. Residential 1. Now all metered $12.50 per quarter for all users up to and incluidng 2,500 cubic feet of water. 2. In the event uses exceed 2,500 cubic feet, the charge shall be $.50 per 100 cubic feet. SECTION 3. This local law shall take effect upon adoption and as provided by the Municipal Home Rule Law. Seconded by: Mr. Farina Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR PAINO, who moved its adoption: WHEREAS, the Town Board did designate Court Officers in January 1987 to serve the Town Justice Court at a specified hourly rate of compensation for the year 1987, and WHEREAS, the Town Justices now are desirous of engaging ARmed Court Officers, at a higher rate of hourly compensation, NOW, THEREFORE, BE IT RESOLVED, that for the remainder of the year 1987, Armed Court Officers shall be compensated at the hourly rate of $9.00 for time actually served at sessions of Court where their services are required. Seconded by: Mr. Farina Roll Call Vote: 5 Ayes 0 Nays The Attorney to the Town has requested the Town Board to designate an attorney to handle Town Personnel matters. 67 The following Zoning Ordinance Amendments were introduced by SUPERVISOR PAINO: BE IT ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York, pursuant to the authority conferred by the laws of the State of New YOrk as follows: Section 1. The Town of Wappinger Zoning Ordinance adopted March 10, 1980, and amended from time to time, is further amended as follows: 1. Zoning Ordinance Amendment No. 1 A new Section 415.4 is hereby added to the Zoning Ordinance as follows: 415.4 Satellite Dish Antennas 415.41 In REsidential Zones The use of satellite dish antennas shall be allowed in all residential zones within the Town of Wappinger, subject to building permit process, provided they meet the following requirements: a. There shall not be more than one (1) such antenna allowed on any lot. b. Such antenna shall be properly mounted, anchored and grounded as determined by the Building Inspector. c. The construction and installation of such antennas shall conform to all applicable building codes and other regulations and requirements. d. Subject to the provisions contained herein, such antennas shall be located only in the rear yard of any lot. If a usable signal cannot be obtained in the rear yard, the antenna may be located in the side yard of the property subject to the requirements contained in this ordinance. e. Such antennas shall be designed and located to minimize visual impact on adjacent property and roadways. The color and construction of the antenna shall be compatible with its surroundings. f. A landscaped evergreen planting screen or fence shall be provided for any ground -mounted antenna to screen it from view of adjacent lots and public view. g. Such antenna shall not be more than twelve (12) feet in diameter, and the uppermost part of any such ground -mounted antenna shall not exceed thirteen (13) feet above grade level. h. Wiring between a ground -mounted antenna and a receiver shall be placed beneath the surface of the ground. 2. Zoning Ordinance Amendment No. 2 Section 450.23 Additional Required Information is hereby amended by adding two new subdivisions as follows: 450.244 The applicant shall provide floor plans, at a scale satisfactory to the Planning Board, of any proposed building. Said plans shall clearly indicate the intended use of all interior space in any proposed building. 450.245 The applicant must include an Environmental Assessment 68 Zoning Ordinance Amendment No. 3 Section 450.3 of the Zoning Ordinance entitled Referral of Application to Planning Board is hereby amended to read as follows: Section 450.3 Referral of Application to Planning Board Upon receipt of an application as described in Section 450.2, above, the Zoning Administrator shall determine whether or not it conforms to the basic requirements of this ordinance. If such conformance is determined, the Zoning Administrator shall refer copies of the application to the appropriate Town, County and State officials, departments and agencies for their review and comment and shall allow a thirty (30) day period for the receipt of their recommendations. At the end of the thirty (30) day review period, the Zoning Administrator shall submit a report containing these recommendations to the Planning Board, together with the subject application. The applicant shall be provided with a copy of the report and recommendations at least five (5) days in advance of the Planning Board meeting at which it will be considered. Nothing in this section shall be construed as superceding the rights of any involved agency or member of the public to comment under an appropriate S.E.Q.R. review. The Planning Board shall act to approve, disapprove, or approve with modification the proposed site plan within 45 days from the date of the public hearing or from the date the application is filed if the Board determines not to hold a public hearing. Zoning Ordinance Amendment No. 4 Section 450.52 of the Zoning Ordinance entitled Public Hearing for Site Development Plan Review is hereby amended by adding a final sentence, so that the section will read as follows: 450.52 Public Hearing for Site Development Plan Review A public hearing shall be scheduled for the review of all site development plan applications coming before the Planning Board. Public notice of such hearing shall be published in a newspaper designated by the Town, at least ten (10) days before the scheduled meeting date. Additionally, all abutting and adjacent (across the street or road) property owners shall be notified by mail, by the applicant, of said hearing. The expense of such published and mailed notices shall be borne by the applicant. The Planning Board may waive the requirement for a public hearing for an amended site plan application if, in the Planning Board's judgment, the amended plan is not a significant change from the approved site development plan. Zoning Ordinance Amendment No. 5 A new Section 450.8 entitled Site Plan Conformance is hereby added to the Zoning Ordinance as follows: Section 450.8 Site Plan Conformance Final approval of site development plan shall require approval of a certified as built plan. In addition, the Building Inspector shall certify that the complete site construction complies with theoriginally approved plan, all amendments thereto, prior to the issuance of a Certificate of Occupancy. Zoning Ordinance Amendment No. 6 Section 421 of the Zoning Ordinance entitled Schedule of Regulations for Residential Districts is hereby amended by deleting and omitting existing paragraph number "18" under the Permitted Principal Uses category. 69 The following resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, this action is being treated as a direct action by the Town Board, and WHEREAS, the Board has prepared a long form environmental assessment form indicating that each proposed Ordinance Amendment, and all of the amendments considered together, would not have a significant effect on the environment, and which indicates that a negative declaration with respect to the action will be issued, and WHEREAS, it is in the public interest that each of these proposed Zoning Ordinance Amendments and the long form environmental assessemnt form be set for a public hearing, and that the other requirements regarding passage of these Zoning Ordinance Amendments are met, NOW, THEREFORE, BE IT RESOLVED, that a public hearing on each of these proposed Zoning Ordinance Amendments and the long form environmental assessment form be set for April 6, 1987 at 7:00 P.M. and that the Town Clerk be authorized to post, publish and otherwise distribute notice of said hearing as required by law. Seconded by: Supervisor Paino Roll Call Vote: 5 Ayes 0 Nays The Hilltop Drainage Project was put out to bid twice before with no success; the one bid that was received was higher than the Engineer's estimate and was rejected by the Town Board. MRS. PAINO moved to authorize the Engineer to the Town to rebid the Hilltop Drainage Project. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence was received from the Recreation Commission recommend- irg the appointment of Bernard Reimer as Recreation Director at an annual salary of $4,500, and John Vorndran as Maintenance Supervisor at an annual salary of $15,000. MR. REIS moved to appoint Bernard Reimer as Recreation Director of the Recreation Commission at an annual salary of $4,500. Seconded by Mr. Farina Motion Unanimously Carried Mr. Reis requested that a letter of thanks be sent to Bob Blose, former Recreation Director. MR. REIS moved that John Vorndran be appointed Maintenance 70 Since the resignation of Hans Gunderud, effective January 30, 1987, from his position as Zoning Administrator, the Town Board has interviewed several applicants for this position. The matter was now placed before the Board for their consideration. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Herbert Levensen be and he hereby is appointed to the position of Zoning Administrator for the Town of Wappinger, Dutchess County, New York and, BE IT FURTHER RESOLVED, that the residency requirements for the position of Zoning Administrator be and they are hereby waived, and BE IT FURTHER RESOLVED, that the annual salary for the Zoning Administrator for the Town of Wappinger, be and the same hereby is fixed and established at the annual rate of $28,000.00, prorated at $22,077.00 starting March 16th, 1987, and to be paid every other Friday throughout the remainder of the year 1987. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Unfinished Business --- Joel Hanig, Attorney, was present to request the status of a rezoning application submitted by his client, William Greer, for property on Route 9 (behind Waldbaums) from Shopping Center (SC) to Neighborhood Business (NB). Mr. Hanig noted that they had a work shop meeting back in October, 1986, with the Town Board and he thought it would be ready for the rezoning process by now. If any further documents were needed by the Attorney or Engineer to the Town, his client would be more than willing to provide them. Since they have had no communication from the Town, he was present to determine if the application was acceptable to the Board and they would set a public hearing. Mrs. Paino informed the Attorney that the application would be discussed with the new Zoning Administrator at a future work shop meeting and he would be notified of the date and time of this meeting. Notification was received from the New York State Department of Transportation that a speed limit of 30 MPH has been established for Stonevkill Road between 9D and the Town of Wappinger-Fishkill 71 February 4, 1987 Ms. Elaine H. SNowden, Town Clerk Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. 12590 Re: Linear Speed Limit Stoneykill Road Town of Wappinger Dutchess County Dear Ms. Snowden: Please find enclosed one (1) copy of the Notice of Order which klIbV established a traffic regulation as indicated in the above - captioned subject. The posting of this traffic regulation falls under the responsibility of the local municipality and it is therefore requested that the installation of the necessary signs be scheduled by the Town Highway Superintendent. Thank you for your continued cooperation and assistance in traffic related matters. s/ M. J. Mignogna Regional Traffic Engineer MR. REIS moved to accept the correspondence and refer it to the Highway Superintendent for the installation of the proper speed limit signs on Stoneykill Road. Seconded by Mr. Farina Motion Unanimously Carried At the last Meeting Mrs. Visconti had requested that a letter be directed to the Superintendent of Schools regarding the status of the bus situation at the Fairchild property. The busses were moved from the Fishkill Plains school due to air sampling tests being conducted at the school. A response was received from the Acting Superintendent of Schools, Gabriel Ponte, stating that the results of the tests indicated "nothing detected". MRS. VISCONTI moved to send a letter to Mr. Ponte indicating that since the testing has determined that there is no problem at the Fishkill Plains school, the busses should be moved from the Fairchild property back to that school. Seconded by Mr. Valdati Motion Unanimously Carried It was also requested that a copy of the correspondence be given to the new Zoning Administrator. 72 The Town of Wappinger Wastewater Treatment Facilities. Approximately one month ago, at the end of January, the Town Board sent notices to involved agencies indicating that the Town would like to have lead agency designation in the Environmental Impact Statements being prepared for the Wastewater Treatment Facilities Plan. The Tri -Municipal Sewer Commission returned the notice and stated that they objected to the Town of Wappinger acting as Lead Agency and preferred that the New York State Department of Environ- mental Conservation be designated as Lead Agency in this application. MRS. PAINO moved to authorize the Attorney to the Town to send a letter to Henry Williams, Commissioner of the New York State Department of Environmental Conservation and other involved agencies indicating that the Town of Wappinger intends to maintain Lead AGency status in the Wastewater Treatment Facilities Project. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino noted that the Attorney forwarded a draft of the letter that would be sent on behalf of the Town of Wappinger to the D.E.C. and by means of this motion, the Town Board is approving the draft submitted by the Attorney, as the final copy. The following letter was received from the Dutchess County Department of Public Works: Feb. 5, 1987 Re: Old Hopewell Road, CR 28, Curb Cuts Dear Ms. Snowden: In response to your letter of September 8, 1986 wherein Councilman Vincent Farina cited a potentially dangerous situation on Old Hopewell Road concerning the side access of the 7 -Eleven Store located at the Route 9 intersection; Mr. Farina requested we consider the recommendation of the Town Board that the curb cut in question be closed. Because closure of this cut would put additional traffic onto Route 9, we discussed this with the D.O.T. They are very much opposed to the closure as it would increase the accident potential on Route 9 for which they may have some liability. They would consider other options such as a traffic island to prevent turns, additional lanes, etc. We note that the County Planning Commissioner, Mr. Akeley, responded to your letter on September 29, 1986 and stated they would study the master plan and examine the conditions at the 7 -Eleven Store. This input would be helpful to us in the 73 MR. FARINA moved to refer this correspondence to the Dutchess County Department of Planning for their consideration. Seconded by Mrs. Paino Motion Unanimously Carried The New York State Department of Transportation responded to our letter advising them that the Town Board has declined the responsi- bility of street lighting and sidewalk maintenance planned for the Route 9 reconstruction. Mrs. Paino noted that this matter will be addressed at a future work shop meeting. MRS. PAINO moved to receive this correspondence and place it on file for further review. Seconded by Mrs. Visconti Motion Unanimously Carried The next item on the Agenda was the status of the Contrail rezoning. Representatives of Contrail Associates have met with the Town Board regarding the rezoning of their property off of All Angels Hill Road. The proposal is to rezone a portion of the PI -1A area to R-40 and an equal area of the R-40 zone would be zoned OR -1A; both the visual and basic E.A.F. wem submitted with the application. Comments from the Planning Board, the Attorney to the Town and the Engineer to the Town have been received by the Town Board. It was Mrs. Paino's recommendation that the proposal be considered at a public hearing. MRS. PAINO moved to authorize the Attorney to the Town to prepare the necessary resolutions to set a public hearing on this rezoning application. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino requested that the letter to the Attorney indicate that this application be treated as direct action by the Town Board and a generic impact statement be prepared, to be followed by a site specific Environmental Impact Statement by the Planning Board on any proposals submitted to them relating to this application. Mrs. Paino also requested that the proper resolutions be submitted 74 Commission for authorization from the Town Board to go to bid on the Chelsea Boat Ramp. Mr. Reis noted that there were still items to be discussed with the Recreation Commission concerning this matter. MR. REIS moved to table action on this request for further discussion. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Reis reported that he had investigated the status of a traffic light at the intersection of Route 9D at Chelsea Road and Baxtertown Road which was promised by the New York State Department of Trans - portion to be installed by 1986. The project manager of that department informed him that it will be installed in the late summer or early fall of 1987. New Business --- The Engineer forwarded a draft copy of proposed Rules and Regulations Regarding Sewer and Water Taps, to the Town Board for their review. These Rules and Regulations were prepared at the request of Camo Pollution Control due to problems defining limits of responsibility of work. A work shop will be held on March 12th, 1987 with the Engineer and representatives from Camo to discuss these Rules and Regulations. Mr. Valdati reported that he has received complaints regarding debris being dumped at Reese Park and he requested the Highway Superintendent to clear the area. Mrs. Paino had received late correspondence from the residents at 32 Middlebush Road regarding several accidents at the bad curve in front of their house. There are signs alerting motorists of the curve, however they face westbound traffic and the accidents have occurred to eastbound traffic. These residents urged the Town to aid them in their efforts to have guard rails placed in front:'of their home. MRS. PAINO moved to send a letter to Commissioner James Spratt, Mrs. Paino requested that the letter from the residents at 32 Middlebush Road be forwarded to Commissioner Spratt. There was no other business to come before the Board. MR. FARINA moved to adjourn the meeting, seconded by Mr. Reis and unanimously carried. Reg. Bimonthly Mtg. 3/2/87 Elaine H. Snowden Town Clerk 75 A Public Hearing was held by the Town Board of the Town of Wappinger on March 2, 1987, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Amending Local Law No. 9 of 1985, With Respect to the Establishemnt of Water Rates for the Central Wappinger Water Improvement Area. Supervisor Paino opened the Hearing at 7:27 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). The water rates for this Area will be reduced by approximately 5% and is a direct result of the Leak Detection Study conducted -in CWWIA by Heath Consultants. Our Engineer to the Town had earlier indicated there appeared to be a 40% loss of water in the system and recommended that the study be conducted. At this time about 99% of the repairs have been completed and the 40% water loss has been reduced to 10% to 15% ---zero water loss is next to impossible. This reduction in water loss has resulted in lower electric bills and less usage of chemicals; for these reasons, the Town Board has been able to reduce the rates for CWWIA. Mrs. Paino asked if there were any comments from the public regarding this proposed Local Law. There were no comments made either for or against the Local Law. MR. REIS moved to close the Public Hearing, seconded by Mrs. Visconti, and unanimously carried. The Public Hearing closed at 7:32 Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING LOCAL LAW NO. 9 OF 1985 WITH RESPECT TO THE ESTABLISHMENT OF WATER RATES FOR THE CENTRAL WAPPINGER WATER IMPROVEMENT AREA STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS } ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 17, 1987, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law With Respect to the Establishment of Water Rates for the Central Wappinger Water Improvement Area, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. . Sworn, to before me this ry2,iri , day of G 1eZ4 1987. et4'L'a;AVILT Notary Public . t� Elaine H. Snowden Town Clerk Town of Wappinger CE 1LE S. HAMIKSLEY MNAMMENMEWNSNIMINK WWI WED ■ MnW OM1DV OMISSION WS *JI 4,11 - Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 a. -*``&lire .. ;, f NOTICE IS HEREBY GIVEN that there ,,--. has been duly presented and introduced "More the Town Board of the Town of Wap Mna;ryDu$chaae Cou.Ny: Newak On' 2..19B7,�a proposed Loc.Yal Lase ate • LOCAL LAW NO. OF THE YEAR 1987:' p. AMENDING LOCAL LAW NO. 9 OF THEYEAR 1985: WITH RESPECT TO TH', r ESTABUSHMENT'OF WATER RATES' FOR THE CENTRAL. WAPPJNGEf' • N. WATER DISTRICT- ,• :• * �r LOCAL LAW NO. OF THE YEAR 1987 BE IT ENACTED, by the Tow,LBserd ot:_.' the Town of Wappinger. Dutchees County: - New York e, fa owe:.4 Om. t . SECTION1. Any and ell priorLocal laws: water w for the Cunl,U Wapphrper ata Impnerovement "Area with: respect 10 residential uses ie hereby repsab':- 7.; ed, only with respect to water rates and the • • —laws�ereotherwise confirmed. •SECTION The following water free' are hereby established for the Central Wap ginger Wateer Improvement Ana -• ,` ' A. Resid 1. Now all metered 812.80 per quarter for all Users up to and including 2,800 pubic feel of water 2. In the event uses exoeed2,500 cubic .the charge Mull be $.80 per 100 pubic. SECTION 3. Thii local law shall taks.F, fact upon adoption and se provided byre; Homs Rule Law. ,t .: � � Kr ; : iS FURTHER GIVEN that the Town Board will conduct a Public Hertrg . an the aforesaid proposed Local Law at the Town Hall, Middiebueh Road, Town Of Weapptnger, DutchCounty, New Yak, on March 2Dutcher;nd, 1987 at 7:25 P.M. EST on such date at which time d parties 1n. Wrested will be heard.- . - NOTICE IS FURTHER GIVEN that copies on the aforesaid proposed :Local Law will be available for examination and inspection at the of ofIoe of the Town Clerk Wappinger in the Town Hd between the data of this polios and the date of the public hearing. • et& ELAINE H. SNOWDEN TOWN CLERK TOWN OF WAPPINGER Dated: February 11. 1987 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger... GiNla Soffits of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the B°°ldcoopor of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for oDe weeks successively in each week, commencing on the 18th day of Tobe 19 8? and on the following dates thereafter, namely on and ending on the 18th day of Tobe 19 "both days inclu Subscribed and sworn to before me this 18th day of �bruarT 87 ..... 19 Ia . Notary Public My commission expires RACHEL WISHART NOTARY PUBLIC, STATE OF NEW YORK OUALIF:EED IN DUTCH SS COUN1Y # 14- ;559D2 COMMISSION EXPIRES MARCH 31, 192 •