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1983-04-11 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 11, 1983 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES March 14, 1983 Reg. March 7, 1983 Special 4. REPORTS OF OFFICERS: Town Justices Rec. of Taxes Sup/Compt. report thru Feb. 28th Bldg/Zoning Hydrant Report Audit Report for 1982 from Sedore & O'Sullivan 5. PETITIONS & COMMUNICATIONS a. Mr. & Mrs. Jas. Devine re: section of Ardmore drive b. Frank Patterson re: drainage problem in area of 6,8,& 10 Baldwin Dr. c. Rob't & Eliz. Murphy request tenancy to Mid Point Water Dist. d. N.Y.S.D O.T., notice of order establishing 40MPH on New Hackensack Rd. from Widmer to Rte 376 e. Wm. Shimmin re: approval of Town to permit a Celebration Banner across Rte 376 for New Hackensack Reform Church f. Otto Klassen re: Waive inspection Fees until start of project Pine/ g. Tender of Deed for Recreation Land for Pine Hollow Suddiv. Hollow h. Ann Buckley requests permission to attend a Seminar in Town of Milan June 14th thru 16th. i. Correspondence from Jas. Spratt, D. C. Comm. of Public Works, re: (1) The additional speed limit request for Myers Corners Rd. (30MPH) in area of New Hackensack Fire House. (2) Response to request relative to maintenance of Town Traffic lights. j. Request from Wapp. Central School to use Voting Machines for School Annnnal Election June 1st. k. Frank Presti and William Wood terms expire on Recreation Commission May 1st. 1. Notification by Town Justices of filling vacancy of ass't Sec't to Justices. m. Mr. & Mrs. Stephen Tedone re: Stop signs for Losee Rd. & Sucich Place n. Town Planning Bd. re: connection Road in Klein -Eck Subdivision o. R.E. Lapar, 're: Town Policy on filling Swimming Pools 6. COMMITTEE REPORTS a. F. Versace - Central Hudson relocation of 4 Poles - Montfort Rd. b. M. Mills - D. Calkins - Water leak 7. RESOLUTIONS a. Stoetzel et al vs Town Board (Mobil home Park, Robinson Lane) b/ Amendment to Local Law #1 of '81 N.Y.S. Fire Prevention Code c. Amendment of Zoning Ordinance for clarification of definitions 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on April llth, 1983, at the Town Haik Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:03 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 Kenneth Croshier, Highway Superintendent Rudolph Lapar, Engineer to the Town The meeting started with the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of March 14th and the Special Meeting of March 7th, 1983, baying previously been sent to all Board Members, were now placed before them for their consideration. MR. JOHNSON moved that the Minutes of the Regular Meeting of March 14th and the Special Meeting of March 7th, 1983, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Mills Motion Unanimously Carried The Supervisor/Comptroller report through February 28th, 1983 and the Hydrant Report for the month of March were received by the Town Board. MRS. MILLS moved that the Supervisor/Comptroller Report and the Hydrant Report be accepted and placed on file. Seconded by Mr. Johnson Motion Unanimously Carried Letters were received from Mr. & Mrs. James Devine and Maureen Wolfe regarding the acceptance of their road by the Town. The road they referred to was the small portion of Ardmore Drive which they referred to as.a natural road, unpaved by the Town. 9 - It was Mr. Croshier's understanding that Mr. Klein had purchased property and intended to build in the area behind that road. Mr. Versace confirmed this fact and had visited the area dnd talked to the Devines'on this matter. Mr. Klein had approached the Planning Board with a Conservation District at that location and correspondence from the Planning Board indicated they would entertain that portion of the road as an access road for fire vehicles. MR. VERSACE moved that a letter be sent to the Planning Board informing them the Town Board felt this road could be used for emergency vehicles and could be incorporated with Mr. Klein's Conservation District, with the intent that the road would eventually be accepted as a 'Town Road when the specifications were met. Seconded by Mr. Diehl Motion Unanimously Carried Another letter was received from Frank Patterson regarding the drainage problem in the area of #6, 8 and 10 Baldwin Drive. This had been a subject of discussion at many previous meetings and a research of the files and records of Town departments failed to give any information on the original installation of the drainage pipes. Mr. Versace had visited the area again and found that nothing had changed and the problem still existed; he was of the opinion that the Town should correct the problem. The other Board members did not agree with Mr. Versace, based on the fact that both the Highway Superintendent and the Engineer stated that these pipes were not installed by the Town and therefore not their responsibility. MRS. MILLS moved that a letter be addressed to the parties concerned on Baldwin Drive and inform them that the Town has no obligation or authority to go in on private property to correct their problem and it will be their responsibility. Seconded by Mr. Johnson Roll Call Vote:. 4 Ayes Mr. Versace ---Nay ¥`~� A letter was received from Mr. and Mrs. Robert Murhpy requesting 3 permission to hook into the Central Wappinger Water Improvement Area as tenants. This letter was actually received prior to the request from the Murhphys to hook into the sewer system and both should have been considered at the same time, however through an error, this request was held up. MR. JOHNSON moved to grant permission to Mr. and Mrs. Robert Murphy, Route 376, to hook into the Central Wappinger Water Improvement Area as tenants and each apartment be individually metered. Seconded by Mrs. Mills Motion Unanimously Carried A Notice of Order was received from the New York State Depart- ment of Transportation establishing a 40 MPH linear speed limit on a portion of New Hackensack Road. MR. JOHNSON moved to receive the Notice of Order and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from H. W. Shimmin, Jr. of the New Hackensack Reformed Church requesting the Supervisor to sign a permit applica- tion for the New York State Department of Transportation which would enable the Church to place a banner across Route 376 for the celebration of their 225th Anniversary. This procedure was neceasary in order for them to take this action. MR. VERSACE moved to authorize the Supervisor to sign the permit application issued by the New York State Department of Transporta- tion which would enable the New Hackensack Reformed Church to place a banner across Route 376. Seconded by Mr. McCluskey !! Motion Unanimously Carried Mr. Otto Klassen, President of Klassen Builders, Inc. wrote to the Board requesting that the inspection fee be waived on the Pine Hollow Subdivision until the construction started. MR. DIEHL moved that a letter be directed to Mr. Klassen informing him that this request was denied and he must comply with all rules and regulations. Seconded by Mr. Versace Motion Unanimously Carried Mr. James Coombs, Attorney, submitted a recreation deed for the Pine Hollow Subdivision between Eugen Schuele and the Town of Wappinger, for acceptance by the Town. MR. JOHNSON moved that the deed be accepted by the Town subject to the approval of the attorney and receipt of the appropriate title report. Seconded by Mrs. Mills Motion Unanimously Carried A request was received from Ann Buckley for permission to attend a Bookkeeping Seminar, Town of Milan on June 14th, 15th and 16th; the charge was $15.00 for the three days. MRS. MILLS moved to grant permission to Mrs. Buckley to attend the Seminar in Milan on June 14th, 15th and 16th and her legiti- mate expenses would be charged to the TowiT. Seconded by Mr. Johnson Motion Unanimously Carried A response was received from Mr. Spratt on our request for a lower speed limit on Myers Corners Road from the fire house to Brothers Road which stated that his Engineering Department had made numerous investigations of request at this specific location and found that the proper traffic control devices for the conditions that exist were in place and additional ones were not warranted. Mr. Diehl responded to this communication as follows: April 11, 1983 D.C. Department of Public Works County Office Building 22 Market Street Poughkeepsie, NY 12601 Attention: James Spratt, Commissioner Re: Special request for a reduce Speed Limit on C.R. 93, Myers Corners Road to 30 miles per hour in approximate area of De Garmo Hill Shopping Center going west passed New Hackensack Fire Department to traffic light on Myers Corners Road and All Angels Hill Road. This subject was discussed via telephone April 8, 1983. Dear Jim: This area with visual site because of hill in this section heavy traffic from Shopping Center, entrance and exit of De Garmo Hill Road, Parson's Auto and Service Sales Buildings, Mt. Hope Grange, New Hackensack Fire House Station and equipment and public meeting rooms and entrance and exit of Fairchild Industry Facilities, in my belief make this area a most serious and dangerous public highway. I respectfully request your personal review and urge your immediate consideration, for an immediate recommendation to a reduced speed of 30 Miles Per Hour based on facts as I have stated in this letter. Again, thank you for your time and interest. Very truly yours, s/ Louis Diehl, Supervisor Town of Wappinger MR. JOHNSON moved that a meeting be set up with the Town Board, Mr. Spratt and the Fire Commissioners at the Fire House if this request is denied again after the receipt of Mr. Diehl's letter. Seconded by Mr. Versace Motion UnanimouslCarried MR. MCCLUSKEY moved that the Town Board support Mr. Diehl's letter to Mr. Spratt. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Spratt responded to our request to his department for County Control on the operation and maintenance of Town Lights. The County is not mandated to perform this service, he explained, the legislation referred to granted an option to the County of providing traffic signals if they so desired. At this time they have no funding for any takeover of lights except the one specific light in the Town of LaGrange. He did not close the door on the request and would keep the Town informed on the progress of a study on this matter and if it would be considered in the 1984 budget . MR. JOHNSON moved that the communication from Mr. Spratt be received and placed on file and requested the Town Clerk to put the letter on the September Agenda. Seconded by Mr. McCluskey Motion Unanimously Carried A request was received from the Wappingers Central School District for the use of seven of the Town's voting machines for their Annual Election on June 1, 1983. MR. MCCLUSKEY moved to grant permission to the Wappingers Central School District to use seven of the Town's voting machines for their Annual Election on June 1, 1983. Seconded by Mr. Johnson Motion Unanimously Carried The terms of Frank Presti and William Wood, Recreation Commission Members would expire on May 1st, 1983. consideration of their reappointment was placed before the Board for their action. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that Frank Presti, 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 Frank Presti is hereby reappointed to the said Recreation Commission for a term which shall expire May 1st, 1988. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays W The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that William Wood, 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 William Wood is hereby reappointed to the said Recreation Commission for a term which shall expire May 1st, 1988. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays y� A letter was received from the Town Justices informing the Board that they were recommending the appointment of Micheline P. Brudnak, 11 Sucich Place, Town of Wappinger, to fill the vacancy created by the resignation of Karen Conte. MR. VERSACE moved to appoint Micheline Brudnak to fill the vacancy in the Town Justice Court created by the resignation of Karen Conte, upon the recommendation of the Town Justices. Seconded by Mr. Johnson lv" Motion Unanimously Carried ;Mr. and Mrs. Stephen Tedone wrote to the Board inquiring as to the status of the stop signs at the Losee Road and Sucich Place intersection which were approved almost five months ago but not yet erected. Mr. Croshier wrote to the Board advising them that the stop signs had arrived and would be put up sometime between April 15th and April 20th, 1983. MR. JOHNSON moved that a letter be directed to the Tedones' informing them that the signs would be put up between April 15th and Aptil 20th, 1983. Seconded by Mr. Versace Motion Unanimously Carried The Planning Board wrote to the Town Board concerning a connection road in the Klein -Eck Subdivision requesting their comments on the matter. This had already been discussed earlier in the meeting under Item 5a (Devine and Wolfe communications) and the Board agreed that further discussion was needed. MR. VERSACE moved to invite the Planning Board to the next work shop session on April 25th, 1983, for further discussion of the connection road for the Klein -Eck Subdivision. Seconded by Mr. McCluskey Motion Unanimously Carried A memo was received from Mr. Lapar regarding the Town Policy on filling swimming pools. He offered no recommendations, but did offercomments on the disadvantages of allowing residents to fill their swimming pools from fire hydrants. MR. MCCLUSKEY moved to set a Town Policy of not allowing residents to fill swimming pools from the fire hydrants. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Adams noted that he was preparing a local law regarding rules and regulations and one of the sections of this law would provide such a policy on the filling of swimming pools, however Mr. McCluskey preferred to have this policy on record at this time; it was noted that the residents could fill them from their own taps. Under Committee Reports, Mr. Versace, Lighting Committee reported that he met with Joseph Schaetzl from Central Hudson regarding a request from the utility company to relocate four poles in that area ----one at the corner of Montfort Road and Pye Lane and three further south across from the trailer park; they would like to locate the poles on tom property due to the fact that they have been hit many times which causes outage of service in the immediate area including Fairchild Corp. Mr. Schaetzl had previously sent a map to the Supervisor indicating the poles they intended to move and the new locations. Mr. Versace had checked it out with the Attorney and found no problem. MR. VERSACE moved to authorize the Supervisor to enter into an agreement with Central Hudson to move the four specific poles on Montfort Road, as indicated on the map presented by Mr. Schaetzl and approved by the Attorney. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Versace requested the Town Clerk to call Mr. Schaetzl and inform him of the action that was taken on this matter. Although he was not on the Drainage Committee, Mr. Versace reported that he had walked the area of Drew Court with Mr. Croshier regarding stream cleaning they had previously discussed and approved the Highway Department doing this project. These specific streams will be cleaned in the near future, weather permitting. Mr. Johnson added that one of the requests they had from residents in that area was to remove the weeds along the banks of the drainage area and he noted that any stream cleaning that they do will not solve that problem. The weeds will come back and so will the problem. The residents have said they will maintain it once the major job is done and Mr. Versace commented that he and Mr. Croshier feel that if the job is done properly, it should last three to four years. Mr. McCluskey, Building Committee, reported that the Town Board met as a whole with several architectural and engineering firms and are attempting to keep the project moving by requesting the Attorney to prepare an invitation for the submission of the cost of professional services and send it out to three or four architectural/engineering firms which would include architecture, engineering, overseeing of construction and landscaping. MR. MCCLUSKEY moved to authorize the Attorney to prepare this letter requesting cost estimates for professional services 9 from architectural and engineering firms. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Diehl submitted the following report: April 11, 1983 Town Clerk Elaine Snowden Town Board Members Town of Wappinger Town Hall -Mill Street Wappingers Falls, NY 12590 Re: Landfill Route 376-Wappinger Town -Village, Poughkeepsie Town -City and Town of La Grange. Meeting this date with D.C. Department of Health (Jack Hill and Dr. Scott) concerned municipalities and D.E.C., Rich Gardinear, New Paltz attending. Dear Members: This meeting April 11, 1983 was called for by Supervisor Diehl, Town of Wappinger to update Landfill Board as to costs and direction, to expedite suspected, possible Toxic leachate at 376 Landfill Site. As you may be aware, New York State Mini Toxic Commission has listed this site as one of many in Dutchess County, as Suspected Possible contamination. The State of New York has listed sometime in unknown future to take necessary investigation as outlined in Milton Chazen Associates Engineer report. The fact that New York State's investigation could be in a year or more, leaves myself and all concerned with the fact of the unknown; is it or is it not a potential danger? I believe and I supported at this April llth meeting that we cannot live in fear of these words "Suspect" "Possible", as fear is the worst feeling, more so than the known fact. The general feeling of all concerned at this meeting was for each municipality to go forward with a plan as labeled in Engineer's Report number one, with each municipality sharing original percentage dollirs as agreed. To wait for New York State to investigate and live in fear for a possible year or more is out of question, as the dollar costs of investigation will be back charged to each municipality the percentage as original agreement states. PERCENTAGES (all approximate) Town of Poughkeepsie 42.5% City of Poughkeepsie 30.2% Town of Wappinger 14.2% Village of Wapp. Falls 3.8% Town of LaGrange 9.5% Also, Mr. Gardinear of D.E.C. stated this date, he believed if municipalities move this investigation as in plan number one (1) or a similiar plan, that he would recommend New York State pickup Laboratory Analysis of $21,600., as stated on page (3) of the Engineer's Report, a saving of $21,600. He also stated; his belief is that D. E. C. would approve such a plan of investigation, further stating any water down plan would not meet approval. At the conclusion of the meeting, I requested and approval granted for a meeting of all municipalities on April 19, 1983 at 4:00 P.M. in Dutchess County Legislative Chambers, 6th Floor. The purpose of this meeting is to have present, Town of Wappinger Board in total and any other municipalities to provide direction, answer questions and total explanation. At this meeting will be Jack Hill, D.C. Health Dept, Dr. Scott, D. C. Health Commissioner, a representative from D. E. C. State of New York. I have committed myself as Supervisor that we immediately provide funds and approve the Engineer Plan number one (1) attached or a similar acceptable to Dutchess County Health Department and D. E. C. of New York State. Very truly yours, s/ Louis Diehl MR. JOHNSON moved that this letter be received and made part of the record of the Minutes of this meeting. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Johnson, Ordinance Committee, reported on a proposed local law on garage sales which had been presented to the Board, however Mr. Adams and Mr. Gunderud felt it was unenforceable. Some members of the Board requested further discussion on this law and Mr. Johnson recommended that the matter be placed on the next work shop session for this discussion. The Ordinance Committee had discussed the Sign Ordinance and the possibility of revising it to allow larger signs on some buildings. The Committee met with the Zoning Board of Appeals and asked them to review the Ordinance and come back to the Committee with their input. This procedure took place and the opinion of the Zoning Board of Appeals was that the Sign Ordinance should remain as is, there should be no changes ---this was also the opinion of the Ordinance Committee. Mr. Johnson's next report was in reference to a letter received from the Recreation Commission regarding a request they received from the PROTECT organization for the use of the Schlathaus Park as the staging and finish area of a running race on Saturday, June 11, 1983; they also asked if the Commission would be willing to support this race as a sponsor by providing the awards, traffic control, portable toilets etc. The Commission was hesitant to grant this request for an organization although they had no problem with the organization using the park and donating the items they requested. They were seeking an opinion and recom- mendation from the Town Board. The Attorney's response was read as follows: "It is our opinion that while there would be no bar to consenting to the use of the recreation area for this activity (subject to any appropriate safeguards such as insurance, etc.), the town is not in a position to act as a "sponsor" or to provide awards, etc. The race is being promoted by a private organization and the town may not, under the provisions of the constitution of this state, make donations of items of value, whether it be in cash or in other form, to such organizations. If the town were sponsoring the race itself and the proceeds were to accrue to its own benefit, the town would be in a position to undertake such activities. However, it is my assumption that the race in question is,a fund raising event for a private organization. Under such circumstances, we can make no donations of either funds or other items. Mr. Johnson requested that the Attorney's letter be forwarded to the Recreation Commission. At the March meeting, correspondence was received from Mr. Adams regarding passing on fees to the applicant in zoning matters and Mr. Versace made a motion to refer the matter back to the Attorney to prepare the necessary resolution. Mr. Adams had second thoughts on this matter and felt that rather than limiting it to a specific area such as zoning, the Board might want to consider a local law that would charge fees inclusive of any activity requiring permits of any kind. MR. JOHNSON moved to authorize the Attorney to prepare a Local Law, as recommended by him. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Mr.Payer1P on signs in regard to the Snow Ordinance which was forwarded to Mr. Croshier. In answer to Mr. Johnson's question on a report of this matter, Mr. Croshier did not submit one at this time and was requested to check out these signs as soon as he could. Mr. Johnson questioned Mr. Adams on the status of the bond for U. S. Cablevision and Mr. Adams responded that he was working on it. A letter was received from Mrs. Bennett, Sherwood Heights area, regarding a drainage problem and the matter was referred to Mr. Croshier and Mr. Lapar. At this time no report had been received and Mr. Johnson requested that they work on this matter and report. to the Board. A letter was received from the Dutchess County Youth Bureau in November stating in part "An increase in assistance over previous allocations was voted for the Town of Wappinger to directly encouragethe employment of an on-site full-time summer Recreation Director during the summer of 1983. We would appreciate verification that a summer Director will be hired at your earliest convenience". Mr. Johnson spoke to Mr. Maurer, Chairman of the Recreation Commission on the matter and he informed Mr.Johnson he was not aware of the letter. Mr. Johnson requested that a copy of the letter be forwarded to Mr. Maurer and ask him to respond directly to the Youth Bureau within the next week. A petition was received from residents of Bell Air Lane as follows: "Work has presently begun on the expansion of the Pond View development. We, the undersigned residents of Bell Air Lane, have experienced drainage problems --- some of which were the direct result of the drainage work done on the first development project. A great deal of money has been spent trying to alleviate the drainage problem on Bell Air Lane. We would like the town inspectors to keep a watchful eye on the project to insure that no further drainage problems result from the completion of the development". MR. JOHNSON moved that the petition be received by the Town and forwarded to Mr. Lapar and Mr. Croshier for their awareness of the situation. Seconded by Mrs. Mills Motion Unanimously Carried Questions were raised at the last work shop session regarding a barn on Montfort Road owned by the Town. An inspection was made by the Town Board, Mr. Lapar and Mr. Maurer and their determination after this inspection was that the barn should be torn down since the Town is in no position to reconstruct it. It may have historic value but it is nothing that they can use. MR. JOHNSON moved that a letter be directed to Mr. Maurer stating this opinion of the Town Board unless the Recreation Commission has specific facts on how they intend to use it and the money involved. Seconded by Mr. McCluskey Motion Unanimously Carried Before Mr. McCluskey seconded the motion he added that the ) building had poor walls, not really a building and to put it in any kind of shape you could probably build a brand new building for the same or less money. It is in horrendous shape --the lower floor probably has 811 ft. ceiling tops, beams are around 6', no head clearance, roof in bad shape, very very poor shape, God knows what it would cost to fix the building up. Mr. Johnson commented that he was not sure what the Commission would do with it -- it's in an isolated spot. Mr. Johnson attended the last Planning Board meeting at which time a discussion of Cranberry Hills came up; a letter has been sent to Mr. Adams concerning some of the problems in that development. Mr. Johnson felt that a meeting was in order with the Town Board, the Planning Board and Mr. Adams and they would need a good hour to discuss this matter. He recommended that they set aside an hour at their work shop session on April 25th, 1983 for this discussion. Mrs. Mills, Drainage Committee, reported that she would be setting up a meeting with Mr. Croshier and Mr. Lapar to continue the stream cleaning and go to Step #2; funds were allocated last year for these projects and Step #1 is under way. Monies had been allocated in the budget for the accountant to meet with the Town Board and explain the Audit Report; Mrs. Mills set up a meeting on April 18, 1983 at 7 P.M. for this purpose. Mr. Versace agreed that they did need this meeting to discuss the finances of the Town and requested that the Comptroller be invited to attend and whomever else who was interested. Mrs. Mills asked the Town Clerk to send a letter to Mr. Sedore confirming this meeting. Mrs. Mills discussed the matter of the water leak at the Calkins Residence, 63 Edgehill Drive, which had been a subject of discussion at a previous work shop and a determination made that the Town was not responsible for Mr. Caulkins' expenses. A letter had already been sent from the Supervisor's office informing Mr. Caulkins of this action and Mrs. Mills had also spoken to him. No further action was necessary. Mrs. Mills reported on a letter of complaint from Marilyn Turner 102 All Angels Hill Road, on a water problem at Briar Lane (Klein -Alexander Subdivision). Mr. Lapar and Mr. Croshier had inspected the area and Mr. Croshier reported that Mr. Klein had started to grade the land last week and would proceed to correct the problem, weather permitting. Mrs. Mills requested the Town Clerk to write a letter to Mrs. Turner and inform her that Mr. Klein is attempting to correct the problem. Mrs. Mills questioned Mr. Lapar on the status of the approval of the use of the Castle Point property as a landfill site for temporary use. Mr.Lapar reported that he had just received the application from Mr. Adams of the Dutchess County Health Depart- ment which required Mr. Diehl's signature, however, the problem now is that the Health Department is no longer in charge of approvals ----it has to go to the Department of Environmental Conservation for approval and once that is received the Attorney will forward it to the Department of Interior for approval. Mr. Diehl had previously sent a notice to the Board regarding additional funds for the Vandalism Patrol this summer to be used for stake outs at Town recreation sites where they are already experiencing a vast amount of vandalism. This request was originally received from Mr. Maurer and supported and verified by Mr. Amburghey and the recommended amount of $1,000.00 would be used for an additional patrol certain nights of the week under the supervision of Mr. Amburghey, Deputy Sheriff. This patrol would be used strictly for this purpose of checking these sites certain nights leaving the other patrol for the normal routine. MR. JOHNSON moved that the amount of $1,000.00 be transferred from Federal Revenue Sharing to the Vandalism Patrol account for the above stated purpose. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Versace commented that he had no objection to this action but would like to see a report from the Vandalism Patrol so the Board could determine if the procedure was successful. Mr. McCluskey brought up the matter of the Recycling Station run by the Boy Scouts of the Town at the Airport Park which recently was closed down. He had been receiving calls from residents asking where they could bring these items and he felt it was a subject they would have to address. Mrs. Mills had been investigating this matter and since it was brought up she reported that due to some "slobs" for the want of a better name, using the site for garbage and items entirely divorced from the ligitimate items collected at the site, the County mandated the closing of the site. The dumping had been happening repeatedly, but the Scouts were paying to have these items hauled away and consequently lost their profits. They could no longer afford to have the debris away and thus the mandate by the County. Mrs. Mills called a local carter for a "freebee" to haul this junk away and although he agreed to charge a minimum fee instead of the normal fee, he could not do this service without a charge. She would like to see the towns involved go in once a month and pttk up the junk which accumulates ----hire a carter, the cost would not be astronomical. It's a good program, she added, it keeps the boys off the streets, and helps them make money to go on a weekend trip. The boys are sincere in their endeavors and should be helped. The other members of the Board joined in a discussion on this problem and agreed to invite Frank Newmann to the next work shop session to discuss alternate solutions to enable the Boy Scouts to continue the program if that was their intent. MR. MCCLUSKEY moved that a letter be directed to the County and request that they secure the property in order to stop the dumping. Seconded by Mr. Johnson 1/4/LY Motion Unanimously Carried The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, the undersigned Stoetzel and Jambes (hereinafter referred to as "applicants") have commenced an Article 78 proceeding against the Town Board of the Town of Wappinger to compel it to accept an application for a mobile home park and to undertake those proceedings mandated with respect to the same as prescribed by the zoning ordinance, and 1(0 WHEREAS, the Town Board wishes, by this stipulation, to prescribe the procedures necessary for the submission of the same, NOW, THEREFORE, IT IS AGREED by the parties as follows: 1. The application of the applicants shall be resubmitted to the Town Board. 2. Within fifteen (15) days thereof, the Town Board shall make a determination of lead agency status if such determination is appropriate, and shall advise any other agency of the same. 3. Within forty (40) days following the determination of lead agency status, if appropriate, the Town Board, if lead agency, shall review the long form environmental assessment form, make a determination as to significance in accordance with the rules and regulations of the Department of Environmental Conservation and Local Law No. 2 of 1977. 4. That upon making the determination aforedescribed in the preceding paragraph, the Town Board shall refer the application to the Planning Board of the Town of Wappinger for its comment as provided by the zoning ordinance; however if a draft EIS is required, no referral to the Planning Board shall take place until acceptance of the necessary draft EIS. 5. That the application process from that point shall proceed as prescribed by the provisions of Section 120.38 (mobile home parks) of the zoning ordinance of the Town of Wappinger and as necessary to conform with the environmental review regulations of both the Department of Environmental Conservation and the Town of Wappinger. 6. The petition herein shall be and is withdrawn without costs to either party, and the action is discontinued without prejudice. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays MR. JOHNSON moved that the Supervisor be authorized to sign the agreement. Seconded by Mr. McCluskey Motion Unanimously Carried The following proposed Local Law was introduced by COUNCILMAN JOHNSON: (Amendment to the Local Law No. of 1981, Fire Prevention Code) (copy attached and made part of Minutes) The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the llth day of April, 1983, a proposed local law amending Local Law No. 1 of 1981 which provides the basic method for administration and enforcement of the New York State Fire Prevention Code in the Town of Wappinger and shall establish powers, duties and responsibilities in connection therewith. I'� 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 9th day of May, 1983 at at the Town Hall, Mill Street, Dutchess County, New York. shall be held on the said Board of the Town of Wappinger 7:45 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 Versace Roll Call Vote: 5 Ayes 0 Nays MR. JOHNSON moved to appoint Keith Dubetsky as a part time Fire Inspector to work under the jurisdiction of the Building Inspector/Zoning Administrator, on a temporary basis until such time as the Local Law providing for this position is approved, at an hourly rate of $6.00 per hour effective April 18, 1983. Seconded by Mr. Versace Motion Unanimously Carried The following Ordinance was introduced by COUNCILMAN JOHNSON: An Amendment to the Zoning Ordinance of the Town of Wappinger for the purpose of clarification of definitions. BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: 1. The Zoning Ordinance of the Town of Wappinger adopted March 11, 1980 is amended by adding to Article 2 (Definitions) the following definition, the same to be inserted in their appropriate alphabetical sequence: CAMP, PRIVATE: A camp for the personal use of its owner and his guests which in not maintained for hire, remunera- tion or sale. CAMP, PUBLIC: A camp which in whole or part is kept or maintained for remuneration, hire or rent; a camp for transients for hire, Qmnluding but not limited to recreational vehicles or other camping activities providing facilities for overnight stays. A public camp shall be deemed a recraational use and activity. 2. This ordinance shall take effect as provided by law. MR. JOHNSON moved to set a Public Hearing on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger on May 9th, 1983 at 7:55 P.M. EDT, at the Town Hall, Mill Street, Wappingers Falls, New York, at which time all interested persons would be heard. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Johnson requested that a copy of this action be directed to the Zoning Board of Appeals for their meeting on Tuesday night. They have an appeal on their desk and this information would put an automatic stay on the application. He also requested that a copy be forwarded to Betty -Ann Russ, Secretary to the Zoning Board of Appeals and to Hans Gunderud, Zoning Administrator. Three bids were opened on March 28th for three trucks with dump bodies, plows, wings and sanders and the results were as follows: Healey International Trucks, Inc. $184,475.00 less trade-in of $5,000.00 $179,475.00 White Trucks of Newburgh, Inc. $201,015.00 less trade-in of $2,000.00 $199,015.00 McBride Mack Sales & Service, Inc. $202,920.00 less trade-in of $1,500.00 $201,420.00 The Highway Superintendent recommended that Healey International Trucks, Inc. be awarded the bid as low bidder. MR. JOHNSON moved that the bid for the three trucks be awarded to Healey International Trucks, Inc. in the amount of $179,475.00, as recommended by the Highway Superintendent. Seconded by Mr. McCluskey Motion UnanimouslyCCarried The Town Clerk was requested to notify the Comptroller of this action in order to arrange the financing for payment. Delivery was expected at the end of July or the beginning of August. One bid was opened on the IIlst of March, 1983 for the purchase of remote reading water meters and Accessories as follows: Rockwell International Corp. $103,524.00 MRS. MILLS moved to award the bid for the purchase of water meters to Rockwell International Corp. in the amount of $103,524.00. Seconded by Mr. Versace Motion Unanimously Carried MR. VERSACE moved that a letter be directed to the Comptroller and Camo Pollution Control informing them that the Town Board accepted the bid from Rockwell International Inc. for the purchase of water meters and if any meters have problems, they should purchase this type of meter, and copy Mr.Gunderud. Seconded by Mrs. Mills Motion Unanimously Carried MRS. MILLS moved to authorize Mr. Lapar to go to bid for the installation of the water meters. Seconded by Mr. Versace Motion Unanimously Carried A letter was received, from the New Hackensack Fire Company advising the Board that William (Bud) Pottenburgh had been appointed to fill the unexpired term of Steve Porter as Fire Inspector on the Fire Prevention Bureau; this action had to be approved by the Town Board. MR. JOHNSON moved to appoint William .(Bud) Pottenburgh as Fire Inspector from the New Hackensack Fire Company on the Fire Prevention Bureau to fill the unexpired term of Stephen Porter. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Mills had one more report on the Neave drainage problem on property on Cedar Hill which he intended purchasing and asked the Town Board for help to relieve tits situation. After research it was determined that the Town had no obligation to fix this drainage. Both the Engineer and the Attorney concurred with this decision. MRS. MILLS moved to notify Mr. Neave that this drainage problem on Cedar Hill was not the responsibility of the Town's. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Versace had two more items to bring about ----one was in regard to a request by the developers of the Pondview Subdivision at a work shop session to pay downstream drainage fees and other fees on a monthly basis; years ago this practice was allowed, Mr. Versace continued, however, circumstances have changed and he felt very strongly that the Board should not entertain these requests and a policy should be established requiring payment of these fees before any building permits are issued. MR. VERSACE moved that the Building Inspector be notified not to issue building permits to Pondview Subdivision until all fees are paid, and this practice would be established as a Town Policy. Seconded by Mrs. Mills Motion Unanimously Carried The second item Mr. Versace wished to discuss was the Atlas Water System ----they had met with the principals many months ago, but nothing was finalized although he felt they were ready to go to contract and by this time it would be finalized. At this time he could not support the purchase of the system (1) he could not entertain having a Town wide district for Town wide purchase of a water district, it was not justified since we do not have a program to supply water to all areas of the Town, and (2) until the residents within the Atlas Water System approached the Town Board with a petition to purchase the system, it. He felt a meeting was necessary with the he would not consider principals of Atlas Water to finalize the purchase and draw up a contract so it was on record and all problems would be straightened out. Mr. Adams informed him he was attempting to set a meeting late this month with the Water and Sewer Committee and any other Town Board Member who wished to attend. He would keep them informed when the meeting would take place. Mr. Johnson added an item ---in the last census the Town of Wappinger qualified itself to upgrade its classification from that of a First Class Town to a Suburban Town; there might be benefits they would accrue from this classification and there would also be negatives accrued ---one of the benefits would be that they could set their own speed limits and would not need to go through the Department of Public Works of the County, secondly we could collect our own fines. He recommended that the Attorney research this matter. Mr. Adams replied that Mr. McCluskey had already requested him to do this although it was not on the record. Mr. McCluskey noted that he had started research and was first aware of the fact from the Association of Towns Meeting and had contacted the State Attorney Generals Office and was waiting for information from them; he had talked to some attorneys and they felt it would be beneficial to the Town as far as law control and collecting fines for the Town; he was looking for negatives in the Town Law and so far had not found any. MR. MCCLUSKEY moved that the Attorney be empowered to research this matter. Seconded by Mr. Johnson Motion Unanimously Carried MRS. MILLS moved to adjourn the meeting, seconded by Mr. Diehl and unanimously carried. The Meeting adjourned at 10:04 P.M. Ot aine. Snowden Town Clerk Reg. Mtg. 4/11/83