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1982-05-10 RGMAGENDA TOWN BOARD TOWN OF WaPPINGF;R MAY 10, 1982 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL ,, PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS: Town Justices Bldg/Zng Rec. Taxes (March) Hy::rant ii 5. PETITIONS & COMMUNICATIONS is 11 li a. James Fredrickson re: Serenity Mission Dev. Roads b. Gordon Hirt requests an additional hookup to the CWW & WSI c. Gordon Wright, Co. Leg. re: adoption of resolution supporting limiting County Tax levy d. H. Cuatt re: Removal of dried sludge - Mid -Point and Rockingham e. H. Cuatt re: Safe driving Course f. Attny to Town correspondence re: Down Stream Drainange Fees g. Attny to Town Correspondence forwarding decisions on Article 78 proceedings of DWS & WVC on benefit Assessments h. Patrick Heffernan - agreeing to water dist conditions for Development -. Requesting permission for 281 development Pe n.Ss.cn �or Schaoi iv use. Vcf sn1 Melt n:nr'7 6. COMMIIitb REPORTS 7. RESOLUTIONS a. Dr. Heaney, Agent, Rezoning b. Local Law - Stop/Yield signs c. Peddlers License Amendment d. Peddlers Lic. applications - Karlic, Bethel, Pappys Food Service Judge, Makely, D. J.'s Rolling Deli e. Vacancies - Recreation Commission - Maurer and Mastroianni terns expired May 1st f. Bids for Sludge Removal g. Bids for Chemicals h. Bids for Patrol Car i. Accept Deed - Grace Flitt j. Approve Sloper-Willen Contract k. Budget Trasfer - Recreation 1. Appropriate unexpended funds for CWW Meters m. Appointment of Assistant Dog Control Officer/s n. Authorize "Children at Play" signs o. Appoint additional Banking Institutuion (Fishkill National) p. Striping certain Roads - Introduce Local Law for pavement markings Q, tt"rr,4tcoc csz aeS `iv clisccn4•nuc. �►SarJ�t� Cow __ ..rac` 8. UNFINISHED BUSINESS A. Traffic Count - Fenmore B. Niemcyk C. Busi - Special Use Permit - Landfill 9. NEW BUSINESS }�(3an hloi \ect rPe SeWPc J 10. ADJOURNMENT tines c0r Cocsar \+•k% W S1 C.kSF0.44() The Regular Meeting of the Town Board of the Town of Wappinger was held on May 10, 1982 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Deputy Supervisor Johnson opened the meeting at 8:03 P.M. Present: Louis Diehl, Superilisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town All stood for the Pledge of Allegiance to the Flag. Mr. Diehl, although present, sat with the other officials, rather than with the Town Board members and Mr. Johnson explained that the reason Mr. Diehl preferred this seating was due to the fact that Mrs. Diehl is in the hospital and he had spent most of his days and nights with her and therefore did not feel up to chairing the meeting. The Minutes of the Regular Meeting of April 12, 1982 and the Special Meeting of April 26, 1982, having previously been sent to the Board Members, were now placed before them for their consideration. MR. MCCLUSKEY moved that the Minutes of the Regular Meeting of April 12, 1982 and the Special Meeting of April 26, 1982, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Mills Motion Unanimously Carried Reports were received from the Building Inspector/Zoning Administra- tor for the month of April, Hydrant Report for April and the Receiver of Taxes for March. MRS. MILLS moved that the Reports be accepted and placed on file. Seconded by Mr. McCluskey Motion Unanimously Carried Jane and James Fredrickson and Neighbors wrote to the Town Board regarding the deplorable and hazardous conditions that existed on the unfinished roads in Serenity Mission. Mr. Fredrickson was present, but before he spoke to the Board, Mr. Johnson explained that this subject has come up at Town Board meetings on numerous occasions when Mr. Versace questioned the Attorney on the status of the litigation. Mr. Diehl wrote to the Attorney in April and received the following response --- May 5, 1982 Louis D. Diehl, Supervisor Town of Wappinger P.O. Box 324 Wappingers Falls, NY 12590 Re: Serenity Missions Road Dear Lou: I have your recent letter and am using the same to seek a court order to force payment of the bond pending the appeal. I would strongly recommend that the town defer for one month any action on the road in view of the motion. I would also note that an opinion of the state comptroller exists which indicates that the town may not take any action until payment on the bond is made (see enclosed). At the same time, we are working to obtain a quitclaim deed to the roads as at the present time, those roads theoretically are still owned by Serenity Mission, Inc. . Very truly yours, s/ Jon Holden Adams Mr. Johnson interpreted this communication from the Attorney that the Town did not have the right to blacktop these roads since they were still private roads, although the Highway Depart- ment did fix the pot holes in an effort to save the base of the road. They felt if this preventative measure had not been taken, they would have lost the road entirely. Mr. Fredrickson replied that the base was already deterioatimg in front of his house. He understood the Board's position, but this situation has been going on for over four years; soon they will have a dirt road and he felt since they were all paying taxes, they were entitled to decent roads. Mr. Adams explained that the first problem was that the road was still private since a deed was never tendered to the town when the developer left the area; they were nego- tiating with the developer's attorney and it appears that a deed will be forthcoming. The second problem was the bond 3 1 problem ---the bonding company refuses to pay the bond although the court case was in our favor, they have appealled the decision and this automatically stops everything. Mr. Fredrickson did not feel that this situation was their problem, it was the Town's problem. At this point, Mr. Diehl intervened and agreed with the residents; they should not have to put up with this condition. MR. DIEHL moved that the Board accept Mr. Adam's recommendation of deferring action for thirty days and at the end of this period if nothing has been settled in the courts, the Town proceed with the project of blacktopping the roads. Seconded by Mr. Johnson Motion Unanimously Carried Before the vote was taken on this motion, more discussion ensued from the Board and the public. Mr. McCluskey felt that the Board held back for a reason and that was once they moved in to do this work, they would take the responsibility and liability from the developer, and the Town's policy has always been to go after the developer and make him meet his obligations; going through the court process does cost the taxpayer money. Mr. David Baird, Elizabeth Terrace, asked why the roads couldn't be swept; he lived in the area for over three years, the first year it wasn't plowed, but after writing to Mr. Diehl of this situation, the Town did plow it ----why not continue with the other services. Mr. Johnson explained that an emergency had to be declared for the plowing, however, sweeping the roads would not be considered an emergency; the answer was it was a private road. Mr. McCluskey wanted to emphasize that if the Town did too much it would be taking the developer off the hook, and it would also set a precedent for other builders to take the same course. Mr. Johnson then asked the Attorney about the possibility of condemning the road and he responded that it could be done by tendering dollars to the developer. Mr. Versace said he agreed with Mr. Diehl's motion but wished to make some comments; for the last 21 years he has been pursuing the Serenity Mission problem. He did not agree with Mr. McCluskey!s statement that the Town would be setting a precedent with the dev- eloper. He had suggested over a year,ago that the Town do the roads, but he did not get any support at that time. It is an unfortunate situation that the residents have to come and petition the Town Board again to do the same job that could have been done a year ago and it would have cost less at that time. He believed that they should do the job and still pursue the payment of the bond. Mr. McCluskey then brought up the case in the Primrose Subdivision when the residents petitioned the Board to take over the roads even though they did not receive the tree planting as required. The Town did as they asked, and the residents wound up with no trees after losing their court case. He repeated that it was the obligation of the developer to keep his promise and complete the job. It looked to him that the Town Board appeared to be backing down to developers; this was what he meant be setting a precedent. The vote was then taken on Mr. Diehl's motion. One more resident asked to speak and was recognized by the Chair --- Judy Kramer, 16 Elizabeth Terrace noted that the both storm drains at the bottom of the hill were filled to the top with gravel and needed cleaning out and also complained of a puddle filled with gravel and piling up and she and her neighbor had to keep cleaning them out. Mr. Johnson said the Highway Superintendent would be advised of this when the Town started the project. As it stood now, thirty days from the date of the meeting, the Highway Depart- ment would be authorized to go to bid to complete the roads in Serenity Mission. MR. JOHNSON moved that within thirty days the Attorney be authorized to start condemnation proceedings if a quit claim deed is not received from the developer. Seconded by Mrs. Mills Motion Unanimously Carried A request was received from Mr. & Mrs. Gordon Hirt for an additional water and sewer hookup for the second lot in their subdivision- approval from the Town Board was required by the Health Department for final Planning Board approval. MR. VERSACE moved that a second hook up to water and sewer be approved for the second lot of Gordon Hirt's subdivision and that the applicant be notified of the approval and the expense will be borne by him. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Dutchess County Legislator Gordon Wright, District *23, asking the Town Board to consider a resolution of support for a local law which would limit the amount of the tax levy for the County; the limit would be set at 41.33% of the constitutional figure. The resolution read as follows: WHEREAS, the taxpayers of Dutchess County are reaching the limits of their ability to pay property taxes, and WHEREAS, the attraction of new business and retention of our present business and industries is of the utmost priority in order for Dutchess County to continue to prosper, and WHEREAS, it is, therefore, imperative that the Dutchess County taxpayers, businesses and industroes be aware of the limits of the property taxes that will be imposed upon them, now therefore be it RESOLVED, that the Town Board of supports the local law limiting the tax levy of Dutchess County to 41.33 of the constitutional tax limit, and be it further RESOLVED, that a copy of this resolution be sent to the Dutchess County Legislature and the County Executive. Mrs. Mills moved to pass this resolution and Mr. Versace moved to receive it and place it on file as he did not feel they had enough information to move on it at this time. There were questions that needed answers, what programs would be eliminated, how would it affect our Town; if some programs were curbed by the County, would the local municipalities have to support them. Mrs. Goldberg, Wappinger County Legislator was present and Mr. McCluskey asked if she could enlighten the Board on this resolution. Mrs. Goldberg said she had reservations on this resolution being approved tonight and although she did not want to see taxes increase, the officials were responsible to provide certain services to their residents and if they were dropped, then the towns and villages would 460 have to pick them up. Certain ones were mandated by the State such as Medicaid, contractual agreements, social services and welfare, but there are some areas the County can play with such as, the Sheriff Patrol, Public Works, Library, Parks etc., it could also affect the bond rating for the County which could raise the interest and therefore cause more money for the taxpayers. She felt it should be examined more thoroughly. Mrs. Mills did not agree with Mrs. Goldberg's reasoning since most people would want taxes cut. Since she seemed to be totally against it, Mrs. Mills felt someone from the other side who felt it was a good thing to do should come in and talk on it, let the Board hear the affirmative side. In view of the comments made on this resolution, Mr. Johnson recommended that Mr. Wright and members of the County Legislature be invited to the next work session to discuss this matter more thoroughly. Mr. McCluskey recognized what Mr. Johnson was saying but had a few comments to make. The County, he said, has been making threats for years ----if you don't pay your County taxes and don't go along with their budget, they will take services away from you on a local basis because the state mandates them. They threaten you with the mosquito program, the parks and other services that the people want; they are too weak with Albany, no one on a County level attacks Albany, they attack the towns. He agreed that this should be looked into further, but felt we should not give into the County. Mike Hirkala, being recognized by the Chair, commented that the limit may be set at 41.3%, but where are we now. He saw no answers that would justify considering this resolution. He was in support of giving this further thought and also give the residents a reason why the Town Board should or shouldn't support this; it's a County function, why turn to the Town Boards for support, it seems like a back door approach for support. Mr. Versace had previously made a motion to receive this resolution and place it on file, and at this time, Mr. McCluskey seconded the motion, however, after the comments were heard, it was agreed to discuss it further; Mr. Versace rescinded his motion and Mr. McCluskey rescinded his second to the motion. MR. VERSACE moved to hold the resolution of support on limiting the tax levy of the County, and invite Mr. Wright and the Wappinger County Legislators to the May 24th, 1982 work shop to present more information to the Town Board, and the public be invited to attend if they, too, have questions. Seconded by Mr. McCluskey Motion Unanimously Carried A memo was received from Mr. Cuatt regarding removal of dried sludge from Mid Point and Rockingham Sewer Treatment Facilities, the cost and alternates involved. Mrs. Mills pointed out that this was already in committee and they planned a meeting on Wednesday when they would receive more information. Mr. Versace added that he and Mrs. Mills had discussed this matter with Camo Pollution Control in April and they requestdd certain financial information from the Comptroller concerning these two districts and the information has not as yet been received; Mid -Point Park Sewer District may be in financial trouble, but in order to determine that or other facts of a similiar nature, they must have a quicker response from the Comptroller. A second memo from the Comptroller referenced a Safe Driving Program for Town Drivers which would cost twenty-five dollars for each driver at a total cost of Five hundred twenty-five dollars for twenty one drivers and would represent a savings of approximately fifteen hundred dollars over a three year period due to a 10% dis- count on insurance. This would apply to both Town vehicles and personal vehicles owned by the drivers. Mr. Johnson felt it needed more discussion and recommended that it be referred to their work session; Mrs. Mills asked that the Comptroller supply figures on current premiums for this session, so they can determine the savings. MR. JOHNSON moved to refer this matter to the Town Board work shop session on May 24th, 1982. Seconded by Mr. Versace Motion Unanimously Carried A letter was received from the Attorney regarding downstream drainage fees which was actually a response to Mr. Gunderud who contacted him on a downstream drainage problem and required no action by the Town Board. MR. JOHNSON moved that the communication from the Attorney be received and placed on file. Seconded by Mr. McCluskey Motion Unanimously Carried The Attorney forwarded copies of the official motion from the Supreme Court of Dutchess County dismissing the Article 78 proceedings brought by DWS and WVC against the town's most recent benefit assessments. MR. MCCLUSKEY moved to receive this communication and place it on file. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Heffernan wrote to the Board requesting permission for a Section 281 development (cluster) off MacFarlane Road and Route 9. Mr. Heffernan had been present at a work shop session with the Town Board and discussed his proposal with them. Correspondence has since been received from him agreeing to becoming a tenant to the Town Water District, extending the Hidden Hollow Apartments 8" (eight inch) water main to Route 9 and providing individual water meters for each house. Mr. Johnson felt it would be advan- tageous to the Town since it the east side of Route 9 and by means of a culvert. Mrs. requested these requirements provided a means to supply water to possibly the west side of Route 9 Mills added that the Town Board and Mr. Heffernan agreed to them. Mr. Versace commented that in regard to the water district, the Board required more information on the water lines and his recollection was that Mr. Heffernan was instructed to present this information to the Town Board and answer any further questions the Board Members may have had. Mr. Johnson felt that all questions were answered in his recent communication and that the additional information would be made available at Planning Board level. MR. JOHNSON moved that the proposal be accepted and referred to the Planning Board along with the letter of agreement to the three requirements, and the Town Board would reserve the right to make final comments on the proposal prior to final approval by the Planning Board. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes Mr. Versace ---Nay Before the vote was taken, Mr. Versace interjected that before the developer expended any monies the Town Board should be completely satisfied with the information presented before referring the matter to the Planning Board. The other members felt that he had complied with the requested requirements and they assumed that was the way he would present it to the Planning Board ---if not, that was his risk. Mr. Versace persisted that the applicant was left with those instructions previously stated and felt that was the procedure they should follow. A request was received from the Wappingers Central School District for the use of the Town's voting machines on June 2, 1982 for their annual election. MR. MCCLUSKEY moved that permission be granted to Wappingers Central School District to use the Town's voting machines for their annual election on June 2, 1982, under the supervision of the Highway Department. Seconded by Mr. Johnson Motion Unanimously Carried Under Committee Reports, Mrs. Mills reported that she and Mr. Versace, Water and Sewer Committee, met with Camo Pollution Control to discuss repairs previously authorized on some of the water and sewer districts. The monies had been appropriated in the current budget and the following repairs were made ---Oakwood Sewer Plant, install inflow valve for biodiscs, $600.00; broken discharge line at pump station needs cost estimate before they can repair same; Rockingham, repair underground chlorine line, $430.00; Hilltop Water, foot gauge at the tower, $162.00; Oakwood Water, new control for booster and low water control, material $120.00; Rockingham Water, repair floor under chlorine plots, $215.00; Wappinger Sewer Improvement, pull and service pump, $400.00. There are more repairs pending but have been tabled until they check on the financial status of the districts involved which she hoped would be available for their Wednesday meeting. Mrs. Mills then spoke on the kitchen garbage project now being conducted at the Highway Department every Saturday morning. For some reason it was not catching on very well, people did not seem to be aware of it; she explained the program again, a big leaf bag of kitchen garbage can be disposed of for $1.00. It's a good program, she continued, people wanted it, but evidently it needs more publicity and asked the reporters present to report on it. Mr. Diehl had sent notices to the newspapers and radio stations to make our Town residents aware of this opportunity. It is experimental for the five Saturdays of May and if it proves to be successful, it will continue. Mrs. Mills also mentioned the other program that is in full swing---all items with the exception of metal and tires can be disposed of at the Castle Point Landfill Site every month and will continue on the first Saturday from 8 AM to 4 PM through October; the metal items can be brought to the Highway Garage, same days, same times. Mrs. Mills asked those present if they had any suggestions to push the kitchen garbage program. Mrs. Anderson, Cedar Hill, had disposed of her kitchen garbage in this manner and asked the man on duty if the program would continue; his response was that it was too soon to decide. She suggested that the program be continued for more than a month so that more people would hear of it; she thought it was a terrific idea. Mr. Hirkala though it was a good idea and was saving the taxpayer money, but what happens if it catches on, a majority of people cancel their carters, the County project goes through, it would be possible we wouldn't have the carters to pick up at the garage. Mrs. Mills explained that the tipping fee was the same and the carter would then cart it to the site provided by the County; large families will not use this program since it would be less expensive to have it picked up if you have more than one bag to dispose of. Further discussion ensued pro and con on the program and Committee Reports continued. Mr. Johnson, Ordinance Committee, reported that several months ago this Committee looked into the problem of burning permits which were now banned in the Town due to the fact that we were over 20,000 in population. Information was received from the Attorney stating that there was a possibility they could get around this new state law, but it was involved and would take time to research. Meetings would be conducted with this Committee and those people who have expressed interest in the matter. Mrs. Goldberg asked to speak and was recognized by the Chair and informed the Board that the County Legislature had memorialized a resolution II 06, which would increase the allowable population in Towns thereby enabling them to procure burning permits. He then reported that last Thursday night he attended a meeting on Tri -Municipal and proved to be a nasty one, the first time he could remember that happening in twelve years. A revision to the inter -municipal agreement has been presented which would delineate where the four municipal program ends (since we are committed to complete a Step I project) and where the project continues for those remaining in it. He had previously requested the Attorney to be present at the next work shop session to review this revision and discuss it with the Town Board. At this point, Mr. Johnson asked the Board if they would entertain Mrs. Morley since she was on the Agenda on a matter relating to the subject being discussed; no one objected to this matter being brought up at this time. Mrs. Morley then asked Mr. Johnson if he was saying that the Town was still not legally out of the Tri -Municipal Project, and when he replied in the affirmative, she asked for his prediction when they would be out of it. If this amendment to the agreement is adopted, Mr. Johnson stated, and due to our referendum results, it would have to be, and Step I is completed, he figured approximately three months. Mrs. Morley explained why she asked this question and went back to the beginning of Wappinger Sewer Improvement #1 when they were told it would not be feasible to spend $300,000.00 to connect their area to the sewer; eventually, after they fought for it, their benefit assessments were lowered to 1/3 of a unit and they were told they would be included in the trunk line of Tri -Municipal coming down Cedar Hill Road. Now, eight years later, they have no pipes to the sewer and no Tri -Municipal, and they feel that they have thrown their money in the garbage. The question was --- were they going to get sewers and if not, they wanted the benefit assessment dropped from their tax bills; they wanted something done now, one way or another, eight years was long enough to wait. Mrs.Morley continued with her discussion, commenting that, speaking for herself, she really needed the sewer, but if it did not become a reality, she would have to have a new septic system, others wanted no part of it, but it was up to the Town Board to decide, all they wanted was a decision. Mr. Versace agreed that the town was obligated to put a trunk line through for these residents; the money was allotted in the total bond for Wappinger Sewer Improvement #1 and there is borrowing power up to $300,000.00 which was left there for this purpose; the plan is already in existence. Mr. Diehl joined this discussion and added that he, too, felt they owed it to the residents; they were not mandated to put the trunk line through, but certainly they were obligated to do it; he recommended that the Engineer research the feasibility of putting in both water and sewer lines in the Cedar Hill area; if it cannot be done, then they should be relieved of the assess- ments levied on them. He asked that the Board consider directing the Engineer to update the previous engineering study to determine the cost of going both ways, and sewer separately. Mr. Lapar then explained that the reason water lines were never put in that area was that the easement from Hopewell Road over to Cedar Hill is a one time shot for both facilities; the residents in that area wanted to be disturbed only once, therefore, if sewer goes in, that's it, no more digging to put in water. Mrs. Anderson then added that her suggestion was that if it proved to be impossible to put the sewer through for financial reasons, the town should replace their septic systems, if not in full, then a percentage towards service or septic systems. Mr. Johnson mentioned that this was brought up by the EPA and was called Septic Management System whereby if sewer lines were prohibitive financially, the district would manage the septic lines; it is a thought for the Water and Sewer Committee to consider researching. MR. DIEHL moved that the Engineer to the Town be empowered to update his previous study to determine the projected cost of installing water and sewer lines in the Cedar Hill Area and be prepared to present it to the Town Board at their next regular meeting. Seconded by Mr. Johnson Motion Unanimously Carried Prior to the vote on this motion, Mr. Versace questioned the Attorney if the residents of the Wappinger Sewer Improvement Area #1 could be legally deleted and Mr. Adams replied that it would be very difficult; he then brought up the point of whether they were in the boundaries of the water district or would they be tenants to the district; Mr. Lapar preferred to check the boundary lines before responding. Mr. Jonah Sherman, being recognized by the Chair, commented that there were residents in other areas who were in the sewer district and were not receiving the service; he hoped the Town would explore these as well. There were other questions and comments brought up which Mr. Diehl felt would be answered when the study was made by Mr. Lapar and could wait until that time for further discussion. The vote was then takenand reports of the various committees continued. Mr. McCluskey, Health and Safety Committee, reported that nothing had been accomplished on the disposition of the wastes on the Mancini Property. Mr. Diehl received the following response to his communication from Senator Rolison: May 3, 1982 Hon. Louis D. Diehl, Supervisor Town of Wappinger Mill Street Wappingers Falls, New York 12590 Dear Lou, After exploring the various options available to us with regard to the Mancini site in the Town of Wappinger, I am arranging in my office a meeting with Commissioner Robert Flacke or his representative and Assemblymen Saland and Warren. The purpose of this meeting will be to discuss the possibility of the Department of Environmental Conserva- tion using its discretionary funds to clean up this site. Our only other option would be to request a special appropriation. However, due to the present budget deadlock it is unlikely that we would be successful in any attempt to obtain a special appropriation until the Supplemental budget. At this time it appears that a Supplemental budget will be considered by the Legislature later this year, possibly not until the Fall. I will keep you informed of any developments and the result of our meeting with the Commissioner. Sincerely, s/ Jay P. Rolison, Jr. Senator Mr. McCluskey said he would keep abreast of this situation and report on it at every regular meeting. Mr. Versace, reporting on the request by the Board of Elections to install ramps at our Polling Places for the handicap, spoke of an amendment to this state law which would allow the elderly or the disabled to register in another district and also vote there, provided the ballot was applicable to their own district; these would be the polling places that would be equipped to cater to the handicap without expending additional funds to refurbish them. When he receives further information on this amendment, he will report it. A Public Hearing having been held on an Amendment to the Zoning Map which would rezone property owned by the New York Conference United Church of Christ on Myers Corners Road and All Angels Hill Road, which was requested by Dr. Walter W. D. Heaney, by the Town Board on April 12, 1982, the matter was now placed before them for their consideration. MR. VERSACE moved that the rezoning request of Dr. Heaney which would rezone a parcel owned by the New York Conference United Church of Christ from R-20 to Office Research, 1 Acre, be denied. Seconded by Mr. McCluskey Roll Call Vote: 4 Ayes Mr. Diehl ---Abstain Mr. Diehl explained that he was not aware this would be considered at this meeting since he was out of touch the previous week and that is why he chose to abstain from voting. Dr. Heaney was present and Deputy Supervisor Johnson explained that the Board denied his request since under the present zoning he could conduct his practice on that site and there was no need to rezone. Mr. Johnson then asked for comments fromithe Board and Mr. McCluskey remarked that the reason he voted to deny this rezoning request was due to the fact that no plan was submitted to the Town Board when Dr. Heaney changed his original proposal for a medical office to an office building; Dr. Heaney differed with him on this statement and claimed that he did submit plans to the whole Board and they did not change that much. He then brought up an article in the paper with a quote from our Building Inspector which, he pointed out, referred to an altogether different parcel; he felt the Board was being prejudiced against this rezoning due to the apparent misprint in the paper. Mr. McCluskey retorted that he had not heard from Dr. Heaney since he sat at the session with the Board, and although it might be true that the paper distorted the facts, as far as he was concerned, Dr. Heaney did nothing to dispel the changes he has made in the plans such as notifying the Board by letter or phone call etc. and that was his reason for voting for the denial. Dr. Heaney responded that he had never requested rezoning before and was not familiar with the procedures, but whatever was requested by the Board at this time he would comply with letters, plans, etc. He then requested that the Board table action at this time; Mr. Johnson responded that it has been denied but this would not preclude him from reapplying to the Board for consideration at a future time. Mr. Versace emphasized that the plan he submitted is a permitted use in the existing zoning and he did not have to come back to the Town Board, but rather apply to the Zoning Board of Appeals and he was optimistic that his plan would be approved by them. In his opinion, resubmission to the Town Board would be a waste of time; he was against the rezoning from the beginning, the article in the paper had nothing to do with his decision. Mr. Vincent Brancato, being recognized by the Chair, pointed out that the article in the paper was misleading; he checked it out with Mr. Gunderud who admitted he was talking about another parcel of land and the Board could verify this by also checking it out with Mr. Gunderud. Mr. Johnson then continued with the Agenda. A Public Hearing having been held by the Town Board on April 26th, 1982 on a proposed Local Law Governing Traffic at Stop/Yield Signs in the Town of Wappinger, the matter was now placed before them for their consideration. MRS. MILLS moved to adopt the following Local Law #3 of 1982: A local law regulating traffic within the Town of Wappinger. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Full Stop Streets. The following roads and highways are hereby designated as full stop streets and intersections and all vehicles shall observe any posted stop sign at the intersection hereinafter described before entering the intersecting street: Both sides of Tor Road at its intersection with Sylvia Drive; Both sides of Alpert Drive at its intersection with Sylvia Drive; Granger Place with its intersection at Alpert Drive; Both sides of Carroll Drive at its intersection with Balfour Drive; Both sides of Balfour Drive at its intersection with Scott Drive; Both sides of Scott Drive at its intersection with Carroll Drive; Ardmore Drive at its intersection with Spook Hill Road; Appleblossom Lane at its intersection with Pine Ridge Drive; Dorothy Lane at its intersection with Cedar Hill Road; Wildwood Drive at its intersection with Widmer Road; Malstorme Road at its intersection with Widmer Road; Quarry Drive at its intersection with Widmer Road; St. Nicholas Road at its intersection with Widmer Road; Bank Street at its intersection with North River Road; North River Road at its intersection with Old State Road; Smith Crossing Road at its intersection with Diddell Road; Brothers Road at its intersection with Gold Road. Gold Road at its intersection with Montfort Road. Both sides of Roberts Road at its intersection with Spook Hill Road Both sides of Reggie Drive at its intersection with Spook Hill Road The following roads and highways are hereby designated as yield streets at the following intersections, and all vehicles shall observe posted yield signs thereon before entering inter- secting streets: r d Pye Lane at Montfort Road; Plaza Road at Central Avenue; Rosewood Drive at Cedar Hill Road; Cooper Road at Old Route 9; Skytop Drive at North River Road; Wheeler Hill Road at Old State Rd.; Edgehill Drive at Brothers Road. Section 3. Fines. Any vehicles failing to observe the stop signs or yield signs above described shall be subject to prosectuion for violation of this local law and shall be subject to punishment by a fine not to exceed $25.00. A violation of this local law shall be deemed a traffic infraction. Section 4. Effective Date This local law shall become effective upon filing with the Secretary of State. Seconded by: Mr. McCluskey Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held on April 26, 1982, by the Town Board on an Ordinance Amending the Ordinance Regulating Peddling and Hawking, the matter was now placed before them for their consideration. Before any action was taken, Mr. Versace said he wanted to bring to the attention of the Town Board that one of the reasons the Board initiated this amendment was due to the fact that the Peddlers were not moving every half hour as required by a previous amendment, however, since the Public Hearing on this amendment, he has driven the Town highways and found that those Peddlers who use our roads abide by these requirement ---they do move; those who are of concern and do not move their wares the required yardage every half hour are those peddling in the village and not bound by our requirements; In his opinion, they would be penalizing those peddlers who are acting in good faith, by passing this amendment; the peddlers would still be on Route 9 and Town would have no jurisdiction over them. Mr. Johnson saw it differently ----the reason for the amendment was due to complaints from the local business people since they had to pay taxes on their buildings and the peddler was gettigg away with an annual permit for $35.00; he felt it was an attempt by the Town to equal the burden for those in fixed establishments with responsibilities involved in running them. The following Amendment to the Peddlers Ordinance was offered by COUNCILMAN MCCLUSKEY who moved its adoption: Section One: Section I is hereby amended by increasing each license fee established therein to $150.00 Dollars per year. Section Two: This ordinance shall take effect upon adoption, posting and publication. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes Mr. Versace ---Nay Mr. Johnson interrupted the Agenda to request that a screen door be put on the door in back of the podium where the Board Members sit for the meetings since it was opened for the meeting and causing quite a bit of discomfort to those who were providing a meal for the various insects that were being invited in, or so they thought. MRS. MILLS moved to authorize the Supervisor to arrange for a screen door as per Mr. Johnson's request. Seconded by Mr. McCluskey Motion Unanimously Carried The following Peddler License Applications were being held in abeyance pending action by the Town Board on the amendment to the Peddler's Ordinance. Now that it was approved, these applications were placed before them for their consideration Ronald Karlic, Michael Bethel (Veteran), Pappys Food Service, Brian Judge, Joan Makely and D. J's Rolling Deli. The Town Clerk mentioned that a letter had been received from the Attorney stating that those who hold a County Veteran License are not required to pay for the local Peddler's License. Mr. McCluskey had one objection which was the application of Ronald Karlic due to the fact that he had checked two boxes on how the peddling would be done ---1. on foot or with vehicle drawn by hand and 2. with a motor vehicle or motor truck. This person, he said, was already peddling at his residence on Route 376 without the benefit of a license; no one knew what he had in mind when he checked the two boxes on the application. MR. MCCLUSKEY moved that Mr. Karlic's application for a Peddler's License be referred back to the Health and Safety Committee for investigation and the other applications presented by the Town Clerk, be approved. Seconded by Mrs. Mills Motion Unanimously Carried The terms of office for Hugh J. Maurer and Joseph Mastroianni, members of the Recreation Commission expired on May 1st, 1982, and a recommendation for their appointment was received from the Recreation Commission. The following resolution was offered by COUNCILMAN VERSACE who moved its adoption: RESOLVED, that Hugh J. Maurer, be and he is hereby reappointed as a member of the Town of Wappinger Recreation Commission to fill the vacancy which has occurred due to the expiration of his term, and it is further RESOLVED, that the said Hugh J. Maurer is hereby reappointed to the said Recreation Commission for a term which shall expire May 1st, 1987. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN VERSACE i Who moved its adoption: RESOLVED, that Joseph Mastroianni, be and he is hereby reappointed as a member of the Town of Wappinger Recreation Commission to fill the vacancy which has occurred due to the expiration of his term, and it is further RESOLVED, that the said Joseph Mastroianni is hereby reappointed to the said Recreation Commission for a term which shall expire May 1st, 1987. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays Bids for Chemical Purchases for use at Town Water and Sewer Plants were opened on April 15, 1982; a recommendation was received from the Comptroller to award these bids as follows: 13 gallon containers of Sodium Hypochlorite ----Jones Chemical 52 gallon containers of Sodium Hypochlorite ----Jones Chemical 100 lb. containers of soda ash Jones Chemical 125 gallon containers of Muriatic Acid Jones Chemical 50 lb. containers of Hydrated Lime Duso Chemical 140 lb. containers of Hydro Peroxide Axton Cross MR. MCCLUSKEY moved that the bid on Chemical Purchases be awarded to the low bidder on the individual chemicals, as itemized. Seconded by Mrs. Mills Motion Unanimously Carried Bids for Sludge Removal from the Town Sewer Plants were opened on April 15th, 1982 and the following memo was received from the Comptroller: Bids for Sludge Removal were opened April 15, 1982. The results were as follows: M.&O. Sanitation Lafko Associates Murphy Sanitation, Inc. $49.95 Per thousand gallons 60.00 Per thousand gallons 60.00 Per thousand gallons Attached is a letter from M. & O. Sanitation dated April 16th and received by me on April 19th. After reviewing the conditions set forth in the letter, I am recommending that the bid for Sludge Removal be awarded to either Lafko Associates or Murphy Sanitation. Mrs. Mills moved to award the bid to Lafko Associates since he was a local businessman, and Mr. McCluskey seconded the bid. Discussion followed and it was brought up that Lafko had reneged on the services last year and it had to be rebid; when Mrs. Mills made her motion she mentioned that Lafko had baled out the Town when M.&.0 failed to remove the sludge when the price of dumping it increased. Mr. McCluskey added that M.&.0 had a contract with the Town but tried to increase the quoted price before the expiration of the contract, and he felt they might repeat this performance. Mr. Adams interjected that the Board must first reject the low bid for failure to perform to specifications previously set forth. Mr. Versace added his comments that the Comptroller should be reminded that bid openings should be arranged prior to Town Board meetings, not after them; due to the date of the sludge removal bid opening, the sewer plants have not been pumped out for the last two weeks according to representatives of Camo Pollution Control. A letter should be sent to the Comptroller, he continued, reminding him of this fact; it could now cost the Town more money to remove the overflow. This, he said, has happened in other instances when he has asked the Comptroller for information he required as a member of the Water and Sewer Committee and the explanation for its delay was blamed on misinterpretation of the information needed. This bid must be awarded tonight, he emphasized, other- wise the sewer plants will not be pumped for the remainder of May. Mrs. Mills withdrew her motion and Mr. McCluskey withdrew his second to her motion. MR. MCCLUSKEY moved to reject the low bidder due to non-compliance of the bid and special conditions being set forth by the bidder. Seconded by Mrs. Mills Motion Unanimously Carried MR. MCCLUSKEY moved to award the bid for Sludge Removal at the Town Sewer Plants to Lafko Associates at $60.00 per thousand gallons. Seconded by Mr. Versace Motion Unamimously Carried During the discussion before the motion was made, Mr. Versace suggested that a penalty be imposed on the successful bidder if he failed to live up to the contract; Mr. Johnson thought that was a valid suggestion and offered another one for the Board to consider ---that the bidding on these items be coincided with the budget process which would provide the town with the same price yI on the contract throughout the budget year. Mr. Versace requested that a letter be directed to the Comptroller to prepare bids for approval by the Town Board thirty days prior to the expiration of the contract for the appicable services. Although bids were advertised for a new Vandalism Patrol Car and were sent out to the local dealers, none were received. A memo was received from the Comptroller requesting authorization to purchase this vehicle through the New York State Bid Contract at a total cost of $8,100.00. MRS. MILLS moved that the Comptroller be authorized to go to contract for a new Vandalism Patrol Car through the approved New York State Contract Bidder at a cost of $8,100.00, and the Supervisor be authorized to sign said contract. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Mills mentioned that at the previous meeting she asked that arrangements be made at the Highway Garage to shelter the new vehicle and that the Recreation Commission be requested to remove their equipment from the Highway to the Schlathaus property. She asked that a letter be directed to the Highway Superintendent requesting a report on the progress he was making on this matter which was previously referred to him by letter from Town Clerk dated May 12, 1982. A letter was received from the Attorney recommending acceptance of the deed being tendered by Grace Flitt for highway improve- (1610 ments on Stonykill Road; this had been tabled at previous meetings at the request of the Attorney. MR. MCCLUSKEY moved to accept the deed from Grace Flitt as required by Planning Board for final approval of the subdivision on Stonykill Road. Seconded by Mr. Johnson Motion Unanimously Carried The Sloper Willen Ambulance Company Contract, having previously been tabled for more information on insurance, was now placed before the Board for their consideration. It was determined that the Town insurance would cover any possible litigation that could occur and the Attorney recommended that the Board approve the contract. MR. MCCLUSKEY moved that the Board accept the Sloper Willen Contract and the Supervisor be authorized to sign said contract. Seconded by Mrs. Mills Motion Unanimously Carried At the last meeting the Board approved a transfer from the Recreation Commission for the contract with Little League. A memo was received from the Comptroller informing the Board of the code and line item this amount was taken from and where it was transferred ---- Amount: $5,000.00 From: A7140.4 Playground and Recreation Center Contractual Expenses -Baseball To: A7145.4 Sports Program MR. VERSACE moved to approve the transfer as presented by the Comptroller. Seconded by Mr. McCluskey Motion Unanimously Carried A memo was received from Mr. Diehl regarding appointing temporary Dog Control Officers on a trial period of six months in order to determine if the person or persons are qualified to handle the position. Due to the fact that they needed additional help for Mr. Nepfel who was the Acting Dog Control Officer, Mr. McCluskey recommended that the Health and Safety Committee interview the applicants and be authorized to appoint them, if in their opinion, they might prove to be a qualified person, rather than wait to the next meeting of the Town Board. There was no objection to this recommendation, but they were lacking applicants. Mr. Diehl said he would forward any names he had to this Committee. Another memo was received from Mr. Diehl regarding "Children at Play" signs and he recommended locations to place such signs. The Attorney had previously informed the Board that while there are instances where these signs are legal, certain restrictions do exist. Mr. Adams explained that it was an advisory sign, there was no means to enforce what the sign suggests; he compared it with signs at the approach of a curve, certain conduct is suggested to you to follow in that area due to certain conditions. Mr. Diehl's recommendations read as follows: 1. Two locations have been directed to my attention as described in April 27, 1982 letter from Lake Oniad Lot Owners Association, two signs. 2. Also similiar signs on Split Tree Drive (as requested in 1981 letter of Mrs. Hald) and include Quarry Drive and Wildwood Drive area. 3. Also entrance to Rockingham Section (2) entering from Old Hopewell Road and All Angels Hill Road, plus Rockingham Section (1), two entrances off All Angels Hill Road -Regency Drive. Request Town Board authorization to initiate the above three for a start, knowing well many additional requests will be forthcoming and justified. Mr. McCluskey recommended that this be referred to the Health and Safety Committee to meet with the Highway Depart- ment and any interested persons to discuss and bring back a recommendation to the Board. Mr. Versace commented that money had been put into the budget for these signs due to requests from some residents; he felt the way to handle this matter was to consider the individual case as it was presented rather than put these signs throughout the Town at random. MR. JOHNSON moved to refer this matter to the Health and Safety Committee. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Diehl recommended by memo to the Town Board that the Fishkill National Bank, now maintaining offices in the Chelsea Mall in the Town of Wappinger, be approved as an additional depository for Town monies. MRS. MILLS moved that the Fishkill National Bank be approved as an additional depository for Town monies, as recommended by Mr. Diehl. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Peter Anagnos, Director of Engineering of Dutchess County County Department of Public Works wrote to the Board concerning pavement markings on Town Roads; he quoted prices and also noted that prior to placing these markings, the Town Board must adopt a local law authorizing the work. Mr. Diehl informed the Board that he had written to the Highway Superintendent asking for this information and asked that a letter be directed to him listing the roads where this work should be done and forward it to the Attorney for his information to prepare the local law. MR. JOHNSON moved that the Highway Superintendent respond to Mr. Anagnos's letter of April 22, 1982 concerning the striping of the Town Roads identifying the specific roads to be done and forward a copy to the Attorney. Seconded by Mr. McCluskey Motion Unanimously Carried A resolution which would discontinue the disability insurance maintained by the Town was placed before the Town Board for their consideration. Mrs. Mills explained that she and Mr. Johnson, Budget and Finance Committee, had researched the possibility of cutting on insurance premiums and had saved the Town considerable money last year by raising deductible amounts and eliminating some collision premiums. This year they re- searched the disability insurance and Mrs. Mills felt this service was not needed since the Town had carried it for twenty years and had cause to use it on only one occasion; she recom- mended that they discontinue it. Mr. Versace explained that if an employee was injured off the job, or sick, and used the sick time accumulated by them, there would be no coverage for them if the Board chose to eliminate this insurance. Mrs. Mills felt this could be covered by other types of insurance, such as home owners, or, if an accident, the car insurance would cover it. Mr. McCluskey noted that most companies do not carry it for their employees, it is too expensive and not the responsibility of the employer to provide this coverage. Mr. Diehl asked what the cost of the premium was and Mrs. Mills replied that it was a little over $2,000.00 dollars annually and she repeated that they did not need it; it was only used once in all these years. There were comments from the public that for that amount it should be continued; it was calculated by one resident that it was only costing the Town $.30 per week for each employee. MR. MCCLUSKEY moved that the resolution be referred back to the Budget Committee for further research. Seconded by Mr. Johnson Motion Unanimously Carried A request had been received from Mary Townsend on Fenmore Drive for a traffic count of that road. A detailed report was received from Mr. Anagnos, Dutchess County Department of Public Works giving four counts from different locations from 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. Mr. Anagnos stated in his letter that these counts would be taken again following completion of improve- ments on CR 93 in connection with the the development of the Pizzagalli property, at no cost to the town. MR. DIEHL moved that this information be forwarded to Mrs. Townsend and the letter be received and placed on file. Seconded by Mr. Versace Motion Unanimously Carried Mr. and Mrs. Edwin Niemcyk, Old State Road, off of Route 9D, were present at a work shop session of the Town Board at which time they asked the Board to consider rezoning their property to commercial in order that they could continue their business of repairing cars on this property which consisted of 19 acres. The Board Members advised the Niemcyks at that time that although they sympathized with them, they could not consider rezoning that area to commercial. MR. MCCLUSKEY moved that the Niemcyk's rezoning request be denied. Seconded by Mr. Johnson Motion Unanimously Carried The Environmental Assessment Form which had been requested from Michael Busi on his application for a Special Use Permit for soil mining, was received, and the matter was now placed before the Board for their consideration. The procedure now would be to refer it to the Planning Board for their review and recommendation and then sent back to the Town Board for approval. MR. JOHNSON moved to accept the Environmental Assessment Form from Michael Busi on his application for a Special Use Permit for soil mining and refer it to the Planning Board for their review and recommendation. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Johnson then brought up a report as a member of the Ordinance Committee ---they met with the Planning Board and the Conservation Advisory Council last week and discussed the Soil Erosion Ordinance which had previously been submitted by Mr. Hawksley, Chairman of the Conservation Advisory Council and had the support of the Planning Board. It was decided that the Ordinance needed modifica- tion to eliminate some problems it might cause with homeowners and it should go back to the Planning Board for these changes. MR. JOHNSON moved that the Soil Erosion Ordinance be referred to the Planning Board for their consideration of inclusion in the Subdivision Regulations. Seconded by Mr. Diehl Motion Unanimously Carried A late request was received from Jack and Ann Armstrong for a rezoning on their property on Old Hopewell Road, and the Town Clerk asked the Board if they wished to consider it at this time. Mr. Johnson recommended that this matter be tabled until the June Agenda. Mr. Versace had two questions for Mr. Lapar---the first was in regard to the blacktopping on two roads in the Pondview Subdivision and the estimated date of completion; Mr. Lapar did not have this information. Mr. Versace asked that a letter be directed to the Highway Superintendent asking for that information. His second question was in regard to the pump station at Russet Lane, whether Mr. Lapar had been in touch with Camo Pollution Control on this subject. Mr. Lapar had no knowledge of this matter since he had submitted alternates to the Board on solving the problem. Since that time, Mr. Versace added that Camo had suggested a separate tank with a chlorinator and Mr. Lapar replied that no direction had been received from the Board; when he received the authorization from them he would do whatever they requested. MR. VERSACE moved that the Engineer to the Town collaborate with Camo Pollution Control to determine an estimated cost of installing a chlorinator at the Russet Lane Pump Station by a method which would be recommended by the Engineer and forwarded to the Town Board for consideration. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Mills requested that the subject of broken water meters be discussed at their next work shop since they had received the information from the Comptroller. Mr. Johnson mentioned that a letter had been received from Jamie Christie, Top 0' Hill Road voicing objection to the lack of a spring clean-up. He recommended that a letter be sent to Mrs. Christie informing her of the Castle Point Landfill Site Program, however, the Board is considering a fall clean-up. Discussion followed between the Board Members on the matter of a fall clean-up and although they did not close the door on its possibilities, they were uncertain about it since the program at Castle Point had caught on and was in full swing; at this time there were no complaints from the residents and it was decided that this letter should not be written to Mrs. Christie until they made a determination on a clean-up in the fall. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mrs. Mills and unanimously carried. The Meeting adjourned at 10:40 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 5/10/82