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1983-07-11 RGMThe Regular Meeting of the Town Board of the Town of Wappinger was held on July 11, 1983, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:00 P.M. Present: Louis Diehl, Supervisor 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 Kenneth Croshier, Highway Superintendent Henry Cuatt, Comptroller Mr. Diehl requested the public to stand for the Pledge of Allegiance to the American Flag. Reports were received for the month of June from the Town Justices and Receiver of Taxes, the Hydrant Report and the Supervisor/Comptroller Report through May 31st, 1983. MR. JOHNSON moved to accept the above stated reports and place them on file. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Pizzagalli Development Company requesting authorization from the Town Board to pay downstream drainage fees in three installments. MR. JOHNSON moved to deny the request from Pizzagalli Development Company to pay the downstream drainage fees in three installments. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Thomas Vasti, Jr., Attorney, was present to speak to the Board regarding a soil mining permit to remove a mound of dirt on Route 9 above Osborne Hill Road, The project involved removing the mound of soil and the regrading of two lots, a lot his client intended to purchase and an adjacent lot. It would be necessary in regrading and reducing the mound to move some of the soil from the first to the second lot. Permission had been obtained from the second lot owner to grade both properties simultaneously. Mr. Vasti presented a map to the Board indicating the two lots that were involved in this proposed activity. His client intended to eventually construct a rental establishment on that site. He had already submitted an application to the State of New York for a permit to level the front area of the property which belonged to the State, however, before they would consider approval of such a project they required approval from the Town. He requested the Board to grant this approval at the meeting so his client could proceed with the construction. Mr. Johnson commented that a letter from the Attorney indicated that if the soil mining activities were confined solely to his client's property, no permit would be necessary, however, since this activity extends beyond the property line, it may or may not require a permit depending on whether the activity is incidental to the, project. In order to determine if it is an incidental use, he suggested that the matter be referred to the Engineer to the Town and the Conservation Advisory Council. MR. JOHNSON moved to refer this matter to the Engineer to the T and the Conservation Advisory Council for their review and recommenda- tion to the Town Board prior to the next Town Board meeting. Seconded by Mr. McCluskey Motion Unanimously Carried A recommendation was received from the Hughsonville Fire District for the appointment of Richard Conte (to replace Bob Cacio) and James Brooker (to replace Keith Dubetsky) on the Fire Prevention Bureau. MR. MCCLUSKEY moved to confirm the appointments of Richard Conte and James Brooker to the Town of Wappinger Fire Prevention Bureau. Seconded by Mr. Johnson Motion Unanimously Carried A letter was received from the Dutchess County Department of Health in response to our communication to them advising them that the Town was acting as the Lead Agency in the environmental review process for the Stoetzel Mobile Home Park. MR. JOHNSON moved to receive this letter and place it on file and forward a copy to Mr. Stoetzel. Seconded by Mrs. Mills Motion Unanimously Carried �.J The Dutchess County Department of Planning, in their letter of June 24, 1983, concurred with the Town of Wappinger's designation as lead agency for SEQRA compliance for the application of Ossenkop for a Recreational Vehicle Park and Campground. MR. JOHNSON moved to receive the letter from the Department of Planning, place it on file, and also forward a copy to Mr. Ossenkop. Seconded by Mr.McClaakey Motion Unanimously Carried The Planning Board wrote to the Town Board as follows: June 14, 1983 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, New York 12590 Re: Cranberry Hills - Water Supply Dear Board Members: The Planning Board of the Town of Wappinger recently granted another extension of preliminary approval to run until September 19th, 1983. The requests for these extensions have been based upon pending resolution of the water supply. In view ofthis, the Planning Board would appreciate being advised of any feedback that you are in a position to give them with regard to the water supply. Respectfully yours, s/ Betty -Ann Russ, Secretary Mr. Diehl commented that the Board was working with the principals of Atlas and Cranberry trying to provide water for Cranberry. Mr. Versace added that the problem is between Atlas and Cranberry not the Central Wappinger Water Improvement Area, therefore their financial problems will have to be settled before the Town can help them. MR. DIEHL moved that the Attorney direct a letter to the Planning Board informing them that the Town Board is working with all concerned to resolve the problem. Seconded by Mr. McCluskey Motion Unanimously Carried A second letter from the Planning Board referenced Average Density Subdivisions requesting confirmation of their opinion that Town Board approval was not needed for these subdivisions. MR. JOHNSON moved that a letter be directed to the Planning Board advising them that the Town Board concurs with their opinion and the authority to approve Average Density Subdivisions is delegated to the Planning Board. Seconded by Mr. McCluskey Motion Unanimously Carried A third letter from the Planning Board was in regard to approval of the Brescia Two Lot Subdivision on New Hackensack Road. They were questioning this approval due to the fact that dumping had been going on at that site. MRS. MILLS moved that test borings be done on the Brescia Property, at his expense, under the supervision of Mr. Lapar and Mr. Gunderud, to determine if there is any foreign material in the soil as a result of the dumping activity that has occurred on that property. Seconded by Mr. McCluskey Motion Unanimously Carried MR. JOHNSON moved that a letter be directed to the Planning Board requesting that no action be taken by them on approval of the Brescia Subdivision until the matter is resolved. Seconded by Mrs. Mills Motion Unanimously Carried A report was received from Mr. Lapar regarding a complaint received at the last meeting on possible soil mining at Fieldstone Farms. It was determined that soil had been moved from Fieldstone Farms to property on Old Hopewell Road and both properties are owned by James Klein. It was Mr. Lapar's opinion that the matter of soil mining was a legal question. MR. JOHNSON moved that Mr. Lapar's letter be forwarded to the Attorney for a legal opinion on the question of soil mining on Mr. Klein's property. Seconded by Mr. McCluskey Motion Unanimously Carried A second report from Mr. Lapar responded to a complaint from a resident at 15 Rosewood Court regarding a 12" drainage pipe. The filed map and plot plans indicated that this was a private drainpipe and although it does tie into the Town System, the Town Highway Department has no responsibility in the maintenance of the pipe. MR. JOHNSON moved that the resident of 15 Rosewood Court be notified that the maintenance of the drainage pipe is their responsibility. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Lapar reported that under the Emergency Jobs Bill Application the Town would receive $14,400 to renovate the sanitary facilities at the Robinson Lane Recreation Area to accommodate the handicapped people visiting the park. Mr. Johnson added that the Recreation Committee had met with representatives of the Little League Association who had submitted a plan for these facilities. The Committee will meet with the Recreation Commission and discuss the plan with them before pre- senting it to the full Board. MR. JOHNSON moved to accept Mr. Lapar's report, place it on file and forward a copy to the Recreation Commission. Seconded by Mr. McCluskey Motion Unanimously Carried Another communication from Mr. Lapar was in regard to the Community Activities Building the Town had applied for in the Community Develop- ment Application. This project must be coordinated with the Town Hall plans and he expressed concern that if the monies are not drawn by next year the Town could lose the funds from the grant in the amount of $50,000.00. MR. MCCLUSKEY moved to receive this communication and place it on file. Seconded by Mrs. Mills Motion Unanimously Carried On a related matter, Mr. Versace mentioned correspondence from the firm of Hayward and Pakan Associates requesting authorization to proceed with a topographic survey of the site of the proposed Town Hall, and quoted a price of $2,250.00. MR. MCCLUSKEY moved that the firm of Hayward and Pakan Associates be given authorization to prepare a topographic survey of the site of the proposed Town Hall at a cost not to exceed $2,250.00. Seconded by Mrs. Milts Motion Unanimously Carried Mr. Diehl recognized Mr. Don McMillen, Wappinger County Legislator who had just arrived at the meeting, and he reported on actions of the Dutchess County Legislature taken at their meeting. He had co-sponsored a resolution to test water districts throughout the County for organic or inorganic matters, among them Atlas Water Company. The D. E. C. had designated certain areas as possible sites of toxic waste, one of which was the Airport Landfill Site located near the Atlas water supply. They had approved an additional $15,000 to continue the law suit against PASNY; appropriated $10,000 for T Hangars at the Airport and amended the Local Law on the Motel Tax. The next item on the agenda was a Notice of Public Hearing from the Town of Poughkeepsie to consider an amendment to their Zoning Ordinance. MR. JOHNSON moved to receive this Notice of Public Hearing and place it on file. Seconded by Mrs. Mills Motion Unanimously Carried At a previous meeting the Town Board had approved a request from Mr. and Mrs. Murphy on Route 376 to hook into the Central Wappinger Water Improvement Area as tenants to that district and it was stipulated, in this approval, that five individual meters would be installed for the five apartments in the residence. After discussion with the Murphys', it was decided that installation of five meters would be a hardship on them and the Board agreed that one meter would be sufficient. MR. JOHNSON moved that the Murphys' be granted permission to hook into the Central Wappinger Water Improvement Area using one master meter and paying double the rates presently paid by apartment complexes (equivalent, to ten apartments). Seconded by Mrs. Mills -f',,,r Motion Unanimously Carried Mr. Lapar had informed the Board that they were unable to locate the water lines on the Murphy property from the maps in his office and it was suggested that permission be given to them to use the sound equipment owned by the Town for this purpose. MR. JOHNSON moved to authorize Camp Pollution Control to use the sound equipment on the Murphy property to locate the water lines under the supervision of Mr. Lapar and all expenses would be borne by the Murphys'. Seconded by Mr. McCluskey Motion Unanimously Carried MR. DIEHL moved that Mr. Lapar, Mr. Gunderud and Mr. Cuatt contact the representative from Rockwell International to determine the type of meter to be installed at the Murphy residence. Seconded by Mr. Johnson Motion Unanimously Carried Under Committee Reports, Mr. McCluskey advised the Board that they were waiting to hear from Dutchess County Department of Public Works in regard to posting New Hackensack Road with 40 MPH speed limit signs. Mr. Versace, Water and Sewer Committee, reported that at their July 6, 1983 meeting they learned that the Hidden Hollow Apartment Complex had a water problem and were operating on one well; they intend t to tie into the Ardmore Water District when their master meter is properly installed under the supervision of Mr. Gunderud. The Committee is presently working on the problem of pressure in that area and hope to have a report by the next meeting. Mr. Versace's next report was on the changeover from Neptune water meters to Rockwell meters due to the Town awarding contract for the purchase of the water meters to Rockwell International Company as low bidders. There had been problems in the Building Inspector's office due to this changeover and the inavailability of the new meters for the builders, however the problems have been resolved. When completely installed, the meters will be on a computer system, however, on a temporary basis, they can install meters and read printouts outside of the homes. The last item Mr. Versace reported was that the maintenance programs on the water and sewer plants were on schedule. Mrs. Mills reported on a meeting she had attended at the Dutchess County Department of the Office of Computer Information Systems which was also attended by Mr. Cuatt, two representatives from Rockwell, the principals from the computer center and Mr. Gunderud; the meeting related to procedures to be followed during the transi- tion period of changing the water meters to the computer system. At, a previous meeting, the Town Board had awarded the bid for the purchase of water meters to the Rockwell International Company and Mrs. Mills recommended that they approve the signing of the contract. MRS. MILLS moved that the Supervisor be authorized to sign the contract with Rockwell International Corp. for the purchase of water meters, subject to the approval of the Attorney, and then forwarded to the main office of that company for signature by the authorized representative. Seconded by Mr. McCluskey /1 Y Motion Unanimously Carried The Attorney had submitted an agreement to the Town Board to be used by the Building Inspector during the interim period of installing the new water meters. MRS. MILLS moved to approve the following agreement: AGREEMENT made this llth day of July, 1983, between (herein- after "Applicant") and the Town of Wappinger by its Building Inspector, Hans Gunderud. WHEREAS, prior to issuance of a Certificate of Occupancy, an approved water meter must be installed within a residence within the Town of Wappinger, and WHEREAS, at the present time, because of lack of availability of said water meters from the manufacturer, it is not possible to install said water meters, and WHEREAS, it is desired by the Applicant to take occupancy of the premises subject to the installation of a meter, and WHEREAS, the Town wishes to assure the installation of a water meter upon the availability of the same, NOW, THEREFORE, it is agreed by and between the above parties that a revocable Certificate of Occupancy shall be issued to the applicant under the following terms and conditions: 1. The Applicant may make connection to the water lines of the Town of Wappinger on a temporary basis pending availability of the required water meter without prior installation, at this time, of a water meter. 9 2. The Applicant shall pay to the Town of Wappinger the sum of Two Hundred ($200.00) Dollars to be held in escrow by it to guarantee installation by it of a water meter upon availability of the same. If a water meter is not installed within 30 days of the date of this agreement, the Town shall (1) have the right to enter the premises to make inspection to ascertain whether or not a meter exists, (2) cause installation of an approved meter at the expense of the owner and apply the escrow funds to the same, and (3) enter the premises for purposes of installation of the meter. If the meter is installed in conformance with this agreement, the escrow funds shall be returned to the applicant. 3. If the meter is not installed within 30 days of the date of this agreement, the Town shall have the right in addition to those stated in the proceeding paragraph to (1) revoke the Certificate of Occupancy for the premises, (2) terminate all water service to the premises, and (3) commence any legal proceedings to enforce this agreement or any local law, ordinance, rule or regulation of the Town. If such legal proceedings are necessary, Applicant shall be responsible for the Town's legal expenses, including attorney's fees. 4. The rights and obligations created hereunder are not assignable. Seconded by: Mr. McCluskey Roll Call Vote: 5 Ayes 0 Nays Mrs. Mills reported that she had attended an executive session at the County regarding the 345 power lines; the suit was proceeding in an orderly fashion and the attorney felt optimistic about the outcome. Monies wer4 still available, however, they anticipated that they would run short by $10,000.00. There would be no other information available until the next computer study was received. Mr. McCluskey, Health and Safety Committee, reported on a complaint received from a Town resident regarding alleged violations by one of aur Dog Control Officers relating to the number of dogs in her residence and the Noise Ordinance. After checking these matters with the Attorney and the Zoning Administrator, a meeting was held and it was determined that the noise complaint was ambiguous and the number of dogs allowed in her kennel would have to be researched back to 1963 when the Zoning Ordinance was first adopted. If the present number of dogs is larger than the number in 1963, the Dog Control Officer has the option of reducing the number of dogs she is harboring or combining a second parcel with the present lot for this use thereby eliminating the stipulation which governs the number of dogs allowed. Since no violation of Town Laws m uld be determined, it was the opinion of the Committee that the complaint is a civil matter between the two parties. Michael Hirkala, being recognized by the Chair, disagreed with the opinion offered on the complaint of violation of the Noise Ordinance. He felt that the Ordinance should either be enforced or taken off the books and revised. Mr. Richard Tallman, 22 Roberts Road, also recognized by the Chair asked how long it would take to research the records back to 1963 to determine the number of dogs listed under the kennel license. Mr. Diehl responded that the Town Clerk would contact Mr. Gunderud for the submission of this information and when received a copy would be forwarded to Mr. Tallman. Mr. McCluskey's second report related to illegal dumping and land fill at two specific areas located near the Dutchess County Airport; one was on Jackson Road and the second site was the old airport park where a large piece of prpperty was being filled in. This matter had been referred to Mr. Gunderud and he was checking it out. Mrs. Mills added that she had discussed the landfilling at the airport with Mr. Whited and he had informed her that the Department of Health had given them permission to fill in the area with clean fill. Another site mentioned by Mrs. Mills was the Swenson property on New Hackensack Road and she recommended that these areas be investigated. MRS. MILLS moved to direct Mr. Gunderud to check the property on New Hackensack Road owned by Mr. Swenson and the area on Jackson Road, to determine if landfilling activity was being conducted at these sites. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Johnson reported on a letter received from the New York State Department of Transportation informing the Town Board that the Town would continue to receive funds under the Consolidated Local Street and Highway Improvement Program (CHIPS) and quarterly payments of $11,826.75 would be mailed to the Town on the 25th of June, September and December. This is due to the fact that the $34 million originally scheduled to be cut, was restored for the current year. The availability of this money for future years would depend on passage of the Transportation Bond in November. )1 Under Ordinance Committee, Mr. Johnson hoped to have the Ordinance on Mother -Daughter Apartments ready to present to the Town Board at the next meeting. Under the Recreation Committee, Mr. Johnson reported on a meeting with the residents of Ye Old Apple Orchard YOAO) regarding the possibility of them taking over the maintenance of the pond in their area. An estimated cost of maintaining this area had been supplied to him by Mr. Lapar's office and both he and Mr. McCluskey would discuss this figure with the Recreation Commission at their next meeting. An Agreement between Central Wappinger Water Improvement Area, Pizzagalli Construction Company, Atlas Water Company and the Town submitted to the Town Board had been prepared by the Attorney and Board for their consideration. Mr. Diehl preferred that no action be taken on this Agreement at this meeting and recommended that a Special Meeting be held for further discussion with the principals and their attorneys. He explained that this agreement had been prepared as a result of a request from the Pizzagalli Company for a supply of water from CWWIA during the construction period and for fire protection. MR. DIEHL moved to set a Special Meeting for July 13, 1983 at 7:00 P.M. for further discussion of the Agreement between all principals involved and their attorneys. Seconded by Mr. Johnson Motion Unanimously Carried The following proposed Local Law Regulating Water Lines, Water Meters and Water Use, was introduced by COUNCILWOMAN MILLS: (attached hereto and made part of the minutes of this meeting) The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the llth day of July, 1983, a proposed Local Law Regulating Activities Relative to Water Lines, Water Meters and Water Use Within the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing proposed Local Law by the Town on the 28th day of July, 1983, at the Town Hall, Mill Street, Dutchess County, New York. shall be held on the said Board of the Town of Wappinger at 7:00 P.M. EDT, on such day Village of Wappingers Falls, 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays Bids on the Installation of Water Meters, having been tabled from a previous meeting, were now placed before the Board for their consideration. Mrs. Mills moved to award the bid to Camo Pollution Control as low bidder and Mr. Versace seconded this motion. Before a vote was taken on this motion, Mr. Robert Barton from Central Installation Company (a bidder on this contract) was recognized by the Chair and formally protested the awarding of this contract to Camo Pollution Control due to the fact that the bid was submitted after the specified time stated in the bid speci- fications. Mr. Diehl requested the Board to go into executive session for fifteen minutes. The Town Board went into executive session at 9:29 P.M. The Board returned from executive session at 9:35 P.M. and the meeting resumed at that time. All Board Members were present. Mrs. Mills rescinded her motion to award the bid for the installa- tion of water meters to Camo Pollution Control and Mr. Versace rescinded his second to the motion. MR. DIEHL moved to direct the Attorney to investigate the legalities involved in the submission of the bid by Camo Pollution Control and report to the Board at the special meeting set for July 13, 1983. Seconded by Mr. McCluskey Motion Unanimously Carried A Public Hearing having been held by the Town Board on July 11, 1983 on a proposed Local Law Providing for Reimbursement to the Town of Legal Expenses Associated with Litigation, the matter was now placed before them for their consideration. MR. JOHNSON moved to adopt the following Local Law #5 of 1983: A Local Law Providing for Attorneys Fees. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. This local law proposes to protect the health, safety and welfare of the citizens of the Town of Wappinger and to enhance the police powers of the Town of Wappinger by providing for the reimbursement to the town of legal expenses and related fees associated with any litigation which might be undertaken by the town to enforce local laws, ordinances and other obligations of residents, developers, applicants for permits and other parties within the Town of Wappinger when such steps are necessary by way of civil proceedings to preserve the integrity of and to promote the general welfare of the residents of the Town of Wappinger by enforcement of local laws, ordinances, rules and regulations or other standards duly adopted by the town. Section 2. Whenever it becomes necessary for the Town of Wappinger by civil proceedings to enforce a local law, ordinance, subdivision regulation, rules and regulations, highway specifica- tions, or other rules of conduct or standards duly adopted in accordance with law by the Town Board of the Town of Wappinger, the town may seek to recover, in addition to any civil remedies had by it, reasonable attorneys fees for the prosecution of said proceeding as well as the costs and disbursements of said proceed- ing. Said attorneys fees and other imposed herein shall be payable only if the town successfully completes such prosecution or obtains an order or judgment. Section 3. Any individual, corporation, or other entity who makes application to the Town of Wappinger for a permit of any nature, by making such application hereby agrees to reimburse the Town of Wappinger, as a condition for the granting of such permit, for its reasonable attorneys fees incurred if it becomes necessary, in the sole discretion of the town, for the town to commence a civil proceeding against the holder of such permit or its assignees or successors in interest for purposes of enforcing those conditions under which the permit was granted and judgment for such sums may be sought. Section 4. All permit applications of the town shall be duly endorsed with notice informing such applicants and permitees of the local law and that by submitting an application for a permit, the applicant consents to the imposition of attorneys fees, costs and disbursements as provided by this local law. Section 5. The provisions of this local law shall be binding upon the successors and assigns of any applicant and permitee as a condition of the continuing validity of such permit. All permits shall contain a notation that the holder of the same, as well as their successors and assigns, are subject to the provisions of this local law as a condition for the continuing validity of such permit. Section 6. Definitions. Permit: The granting of permission by any agency of the town to engage in activity for which the issuance of a permit or other approval is a precondition. Section 7. A registry of permits shall be maintained by the town to provide all interested persons, including successors and assigns of permitees, of the issuance of permits subject to this local law. Section 8. This local law shall take effect immediately upon filing with the Secretary of State as required by law. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on the llth of July, 1983 on a proposed Local Law Amending Local Law #5 of 1980, Prohibiting Discarding of Alcoholic Beverage Containers in Public Places, the matter was now placed before them for their consideration. MR. MCCLUSKEY moved to adopt the following Local Law #6 of 1983: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Section 3 of Local Law No. 5 of 1980 is amended by adding to the sentence contained therein at the end thereof of the following phrase: "with intent to consume the same". Section 2. This local law shall take effect in the manner prescribed by Municipal Home Rule Law. Seconded by: Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays Bids were opened on July 6, 1983 by the Town Clerk on Central Wappinger Water Improvement Area, Extension #3, Wappinger Sewer Improvement #1, Extension #3 and #4 and a report from Mr. Lapar recommended that the bid be awarded to Wilson Excavators as low bidder. Mrs. Mills moved that all three contracts be awarded to Wilson Excavators as low bidders, seconded by Mr. Versace. It was Mr. Versace's understanding that the Sewer Extension Contract included service to the Cuatt and Pearson Road, however, Mr. Lapar advised him that service to them it would entail a pumping opinion that the sewer lines could be put as the area developed. Mrs. Pearson was recognized by the Chair and pointed out that they were paying taxes on water and sewer for over ten years and were entitled to this service. On the other hand, Mr. Cuatt felt that their prime concern was residence on Old Hopewell it order to extend the station, and it was his into the two residences water and if the contract was tabled to extend the sewer service they might be waiting months for the water. Discussion ensued on the feasibility of extending the sewer contract and it was agreed by the Board Members that further research was needed. MR. DIEHL moved to table action on the bid for the extension of water and sewer service for further discussion with the Attorney, is the Engineer and the Comptroller at the Special Meeting set for July 13, 1983. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Milts rescinded her motion to award the bid to Wilson Excavators and Mr. Versace rescinded his second to the motion. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: WHEREAS, the Water Committee of the Town Board has determined that the fair price for water meters to be sold by it for single- family residential houses including purchase costs, cost of handling, storage and other associated costs is One Hundred ($100.00) Dollars, NOW, BE IT RESOLVED that the purchase price of all remote Rockwell water meters sold for installation in single-family homes be One Hundred ($100.00) Dollars exclusive of installation. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays Under Unfinished Business, Mr. Croshier reported that his depart- ment had started downstream drainage of Hunters Creek and hoped to start the program in Rockingham within a week to ten days. The following letter was received from the Dutchess County Department of Planning To: Town Board Re: Ossenkop Special Permit Application The Dutchess County Department of Planning has reviewed subject referral with regard to pertinent inter -community -and county -wide considerations. Upon analysis, this Department makes the following findings: This property, comprising approximately 140 acres of land, is located on Robinson Lane in a residential (R-40) zoning district. A special use permit is requested to establish "private camps for seasonal use:. A substantial part of this property is within an officially designated wetland as proposed by the New York State Department of Environmental Conservation. This zoning referral does not fall within this Department's jurisdiction under the provisions of General Municipal Law (Article 12B, Sections 239-1 and 239-m). Nevertheless, it is recommended that the presence of the wetland area be thoroughly analyzed in this project review. This analysis should include the review process set forth in Section 419 of the Town Zoning Ordinance. Appropriate mitigation measures should be required as part of the approval of a special permit for any proposed use on this property. The Dutchess County Department of Planning does not presume to base its decision on the legalities or illegalities of the facts or procedures enumberated in subject zoning action. Dated: July 5, 1983 s/ Richard Birch, Senior Planner The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS an application has been submitted by Steve Ossenkop to the Town Board of the Town of Wappinger for construction of a recreational vehicle park, and WHEREAS from the submissions to date it appears that environ- mental review of the same will be necessary as provided by both the State Environmental Quality Review Act and the local law of the Town of Wappinger, and WHEREAS on the 14th day of June, 1983 the Town Clerk of the Town of Wappinger advised other affected agencies of the application and solicited their consent for the Town Board acting as lead agency, and WHEREAS no adverse comments as to the assumption by the Town Board of the status of lead agency have been received, NOW, THEREFORE, BE IT RESOLVED that the Town Board shall be the lead agency in the application of Steven Ossenkop to construct a recreational vehicle park within the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays MR. JOHNSON moved to adopt the SEQR Positive Declaration on the Application of Steven Ossenkop and include the statement by the Dutchess County Department of Planning that a substantial part of the property is within a designated wetland and the presence of such be thoroughly analyzed in the project review. Seconded by Mr. McCluskey Motion Unanimously Carried The following Ordinance was introduced by COUNCILMAN VERSACE: AN ORDINANCE AMENDING THE DRIVEWAY PERMIT OF THE TOWN OF WAPPINGER ADOPTED JUNE 8th, 1970 BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: Section One: Section 2 of an ordinance adopted by the Town Board on June 8th, 1970 is hereby amended by adding thereto the following: "For purposes of this ordinance, any road opening onto an existing public road or highway erected by a developer for purposes of egress and ingress for developing real property, including but not limited to real estate subdivision, shall be deemed a driveway and a permit shall be necessary". Section Two: Section 4 is amended by adding thereto the following: "The highway superintendent may also demand financial security in such form as prescribed by law to safeguard against damage to town highways resulting from the movement over public roads of equipment used for development of said subdivision or real property. If damage is occasioned by the said developers or those acting on his behalf, said damage shall be corrected at the direction of the highway superintendent and upon failure to so correct, so much of the financial security as necessary to repair such damage shall be expended for such repair". MR. VERSACE moved to set a Public Hearing on an Ordinance Amending The Driveway Permit of the Town of Wappinger on July 28, 1983 at 7:15 P.M. EDT, at which time all interested parties would be heard. Seconded by Mr. Johnson Motion Unanimously Carried MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr. Diehl and unanimously carried. The meeting adjourned at 9:55 P.M. Reg. Mtg. 7/11/83 OAkuL Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on July llth, 1983, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County , New York, on a proposed Local Law Providing for Attorneys Fees. Supervisor Diehl opened the Hearing at 7:48 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman 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). Mr. Diehl asked for comments from the public either for or against the proposed local law. No one spoke for or against the local law. Mr. McCluskey moved to close the Public Hearing, seconded by Mr. Johnson and unanimously carried. The Public Hearing closed at 7:50 P. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING A PROPOSED LOCAL LAW AMENDING LOCAL LAW NO. 5 OF 1980, PROHIBITING DISCARDING OF ALCOHOLIC BEVERAGE CONTAINERS IN PUBLIC PLACES IN THE TOWN OF WAPPINGER 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 June 29, 1983, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending Local Law No. 5 of 1980, Prohibiting Discarding of Alcoholic Beverage Containers in Public Places in the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. Sworn to before me this // day of &:xe nr e.e Notary Public Doris M. Ca , lo NntAry PubAlc SWe of New York L:ie.ss County Comm:3.: ion No. 46056/3 Commission expires March 3S. 1983. ( I Elaine H. Snowden Town Clerk Town of Wappinger til o cad 0. E. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS NOTICE IS HEREBY GIVEN that there has been duly presented and in- troduced before the Town Board of the Town of Wappinger, Dutchess County, New York on June 13. 1983, a proposed Local Law as follows: A local law amending Local Law No. 5 of 1980. Prohibiting Discarding of - Alcoholic Beverage Containers in Public Places In the Town of Wapp- inger. ' Section 1. Section 3 of Local Law No. 5 of 1980 is amended by adding to the sentence contained therein at the_end there of the following phrase: "with intent to consume the same." Section 2. This local law shall take ef- fect In the manner prescribed by Municipal Home Rule Law. NOTICE IS FURTHER GIVEN that the Town Board will conduct a Public Hear• ing on the aforesaid proposed Local Law at the Town Hall, Mill Street, Village of Wappingers Falls. Dutchess County, New York on July 11th, 1983 at 7:50 P.M. EDT, on such date at which time all parties interested will be heard. NOTICE IS FURTHER GIVEN that copies of the aforesaid proposed Local Law will be available for examination and inspection at the office of the Town Clerk of the Town of Wappinger in the Town Hall between the date of this notice and the date of the public hear. ing. ��` • T'� , ' Elaine H. Snowden Town Clerk Town of Wappinger Dated: June 29,1983 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappingcr. Beatrice. Oaten of the Town of Wappinger, Dutchess County, New York. being duly sworn, says that he is, and at the several times hereinafter was, theCo- dito.x-%P.ublirsr• • • of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed 'NOTICE was duly published in the said newspaper for .. one.. • • . weeks successively once . in each week, commencing on the .. 6th day of . j i . 19.83. and on the following dates thereafter, namely on -and ending on the ....6th day of...3uIy 19.33. both days inclusive. Subscribed and sworn to before me this 6th . day of. .„hay •..•19.83 Notary Public My commission expir^s NOT,;, `_ti(�.'ij3 '1..c/i-� A Public Hearing was held by the Town Board of the Town of Wappinger on July llth, 1983, at the Town Hall Mill Street, Village of Wappingers Falls, Dutchess County, New York, on -a proposed local law Amending Local Law No. 5 of 1980, Prohibiting Discarding of Alcoholic Beverage Containers in Public Places in the Town of Wappinger. Supervisor Diehl opened the Hearing at 7:51 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman 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). Mr. Johnson commented that the Attorney had provided him with copies of similiar laws from other towns and he would recommend adding sections to this law to further strengthen it,at a later date. Supervisor Diehl asked for comments from the public either for or against the local law. There were no comments from the public for or against the proposed local law. Mrs. Mills moved to close the Public Hearing, seconded by Mr. McCluskey and unanimously carried. The Public Hearing closed at 7:53 P OPALLUL Elaine H. Snowden Town Clerk `. and L. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS NOTICE IS HEREBY GIVEN that there has been duly presented and in- troduced before the Town Board of the Town of Wappinger, Dutchess County, New York on June 13, 1983, a proposed Local Law as follows: A local law amending Local Law No. 5 of 1980, Prohibiting Discarding of - Alcoholic Beverage Containers In Public Places In Ms Town of Wapp- Inger. Section 1. Section 3 of Local Law No. 5 01 1980 Is amended by adding to the sentence contained therein at the_end there of the following phrase: "with intent to consume the same." Stiction 2. This local law shall take ef- fect In the manrer prescribed by Municipal Home Rule Law. NOTICE 19 FURTHER GIVEN that the Town Board will conduct a Public Hear- ing on the aforesaid proposed Local Law at the Town Halt Mill Street, County N we York 011 JulyIngers ll Falls, 11983 at 7:50 P.M. EDT, on such date at which time all parties Interested will be heard. NOTICE 16 FURTHER GIVEN that copies of the aforesaid proposed Local Law will be available for examination and Inspection at the office of the Town Clark of the Town of Wapplrger in the Town Hall between the date of this notice and the dale 01 IM public hear- -Elaine H. Snowden Town Clerk Town of Wapping*, 4 Dot , 1963- ing. AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappingcr. Beatrice- Oaten of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, theCorEdit. xt ublicher• • • of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed • NOTICE was duly published in the said newspaper for .. one..... weeks successively ..one.. . in each week, commencing on the .. 6ttt day of .Full . 19.83 , and on the following dates thereafter, namely on .and ending on the ....6th 19.83. both days inclusive. day of.. buy Subscribed and sworn to before me this 6th ... day of.. Jay .... 19. $3 Notary Public My commission expires ALBERT M. C3Trikt F 1(it TATE:;VOti +rr:pg QUAt;Pt:D L'4 ii�IF, COMMISSIOt: TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING A PROPOSED LOCAL LAW AMENDING LOCAL LAW NO. 5 OF 1980, PROHIBITING DISCARDING OF ALCOHOLIC BEVERAGE CONTAINERS IN PUBLIC PLACES IN THE TOWN OF WAPPINGER 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 June 29, 1983, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending Local Law No. 5 of 1980, Prohibiting Discarding of Alcoholic Beverage Containers in Public Places in the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. Sworn to before me this /P day of 1983. Q � � i7 •eier e-� Notary Public Doris M. Carlo Noisy public, ¶ tite •)f New York Dutcaess County Comm a: ion no. 1605673 Commission expires March 311.ifa0� i attLet Elaine H. Snowden Town Clerk Town of Wappinger