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1982-12-13 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER DECEMBER 13, 1982 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG / 3. ACCEPT MINUTES eS� -i 11/W - ‘'G"` -es 1 t/I5/' : i �i�d'� z (2/ 4/tL 4. REPORTS OF OFFICERS: Town Justices Bldg/Zoning Receiver of Taxes Hydrant Compt/Supervisor ►nr,r 0.110i 5. PETITIONS & COMMUNICATIONS a. Request from Zvi Segal to create a Tenant Sewer District to Rockingham Farm b. Bradley Whited re: selection of Town Board member to act as liaison to Airport Advisory Committee c. Resignation of Eleanor Croshier as Justice Court Clerk with request for reimbursement of 2 Weeks unused vacation d. Two Article 78's served on Town from DWS 4 WVC - Sewer Assessments e. Receipt of CATV Bond (requirement of agreement) f. Correspondence from Attorney to Town: 1. Carmel Heights Rd. 2. opinion from State Compt. on Professional Contract/Camo 3. Mazochi-Petvai Claims - BellAire Lane 4. Cranberry improvements. 5. Appraisal by Brinier & Larios of Atlas g. Request from D. Alexander for Release of Retainage for Storm, Sewer Contract - Bell Aire Lane h. James Klein request acceptance of Briar Lane (Off A11 Angels Hill Rd.) andt Regfuas'f car ecktPrviirsky- acoas.wv...sui4 Pk Dts*, i. Dutchess Co. Dept. P.W. acknowledge receipt of Speed Lim t request for Losee Rd., and D. Co. Safety Bd. accident reporVAdd`L P_cp•�t-tM c% j. Set Date for ReOrganizational Meeting (January) k. Correspondence from Fire Prevention Bureau 1. L. Diehl memo in reference to R. Holt letter -Little League m. Notice of Public Hearing on Zoning Ord. Town of Lloyd 6. COMMITTEE REPORTS ` n 7. RESOLUTIONS l 1 a. Canes-Gontrae b. Bids for Construction of Highway Garage Extension c. Tri -Municipal - Conveyance of Lands d. Demolition of Dagnone House (Rte 9D & Middlebush Rd., as requested; by Bldg. Insp.) t e. Bids on 2 Pickup Trucks for Highwy Dept. f. L.L. Stop Signs for Losee Rd. & Sucich Place g. L.L. Fleetwood Water 0 & M rate increase h. L.L. Rockingham Sewer 0 & M rate increase i. L.L. Mid -Point Park Sewer 0 & M rate increase j. Hamlet Conservation Park District k. Res. to file notice on PASNY 8. UNFINISHED BUSINESS MOCASSIN HILL Rds. 9. NEW BUSINESS 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on December 13, 1982, at the Town Hall, Mill Street, AP Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:07 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, Acting Highway Superintendent All stood for the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of November 8th, 1982 and the Special Meetings of November 15th, 16th, and December 6th, 1982, having previously been sent to the Town Board,Members, were now placed before them for their consideration. MR. MCCLUSKEY moved that the above stated Minutes be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. Johnson Motion Unanimously Carried Reports for the month of November were received from the Town Justices, Building Inspector/Zoning Administrator, Receiver of Taxes, Hydrant Report from the Highway Department and the Super- visor/Comptroller Report thru October 31, 1982. MR. JOHNSON moved that the above Reports be accepted and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried Supervisor Diehl requested the Town Clerk to begin the Agenda with the PASNY Resolution, item 7k, since there were many residents present who were interested in that matter. RESOLUTION AUTHORIZING PARTICIPATION IN THE CERTIFICATION PROCEEDING IN THE MATTER OF THE APPLICATION OF THE POWER AUTHORITY OF THE STATE OF NEW YORK FOR A CERTIFICATION OF ENVIRONMENTAL COMPATIBILITY -AND PUBLIC NEED TQ BUILD 345 KILOVOLT ELECTRIC TRANSMISSION FACILITIES WITHIN THE TOWN OF.WAPPINGER The following resolution was offered by COUNCILMAN VERSACE who moved its adoption: WHEREAS, the Town has received notice of application of the Power Authority of the State of New York to the Public Service Commission for a certification of environmental compatitcility and public need to build a 345 kilovolt electric transmission facility, a portion of which is to be constructed in the Town of Wappinger, which notice stated that the intended date of filing the application was November 19, 1982, and WHEREAS, citizens of the Town of Wappinger, especially in the area most affected by the proposed power line have voiced serious concern and opposit4on to the proposal, and WHEREAS, it appears that there are serious questions as to the actual existence of public need and environmental compati- bility as required by law, and WHEREAS, in order to protect the interests of the Town of Wappinger, it appears desirable that the Town exercise its rights to participate in the certification application process as a party: , NOW, THEREFORE, BE IT RESOLVED, that the Town shall forthwith exercise its rights to participate in the certification proceedings, and the Town Supervisor is hereby authorized to execute the necessary documents to effectuate such participation. Seconded by: Councilman Johnson Roll Call Vote: Supervisor Diehl Aye Councilman Johnson Aye Councilman McCluskey Aye Councilwoman Mills Aye Councilman Versace Aye Resolution Duly Adopted The following letter was received from the Attorney in his matter: December 10, 1982 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, NY 12590 Re: Public Service Commission Notice Dated December 7, 1982 Dear Members of the Town Board: We have received from the,Supervisor the notice of a pre -hearing conference to beheld in Cooperstown on January 4, 1983. -r We will be prepared to attend such conference if you so direct. i would note, however, that informal conversations had between our office, the county, the county attorney's office and the Town of East Fishkill suggest the possibility that a collective '3 effort will be made by affected municipalities to retain a law firm in Albany that specializes in. Public Service Commission Law. However, it appears improbable that such steps will be taken prior to January 4, 1983. In view of the same, attendance at this conference may be desirable. However, we will defer to the discretion of the board with respect to the same. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams MR. VERSACE moved that the Attorney be authorized to attend this conference on behalf of the Town of Wappinger. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Diehl recommended that a member of the Board be appointed to represent the Town of Wappinger in all public hearings and conferences relating to the 345K Power Lines proposed by PASNY. MR. DIEHL moved that Deputy Supervisor Nicholas Johnson be appointed as the liaison member to represent the Town in this matter. Seconded by Mrs. Mills 41/4/ tion Unanimously Carried Mr. Donald Kitchen, a representative of a new organization named PROTECT (Prudent Residents Opposed to Electric Cable Transmission in Dutchess County, was recognized by the Chair and thanked the Board for their support. He informed the Board that PROTECT had retained an attorney from New York City who was a leading environmental lawyer named David Sives. He pointed out that since the fee for this service would be substantial, it could be shared by all the affected municipalities if they chose to retain him for this opposition, and asked the Board to consider this appoint- ment. MR. DIEHL moved that Mr. Johnson and Mr. Adams (or another attorney from the law firm of Corbally, Gartland and Rappleyea) set up a meeting with Mr. Sives to discuss this matter. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Snowden brought up the first item on the Agenda which was a request from Zvi Segal, developer of the Carmel Heights Sub- division for the creation of a Tenant Sewer District to the Rockingham Farms Sewer District. MR. VERSACE moved to accept Mr. Segal's request to create a Tenant Sewer District to the Rockingham Farms Sewer District and refer this to the Attorney to prepare the appropriate resolution. Seconded by Mrs. Milts Motion Unanimously Carried MR- Bradley Whited wrote to the Board regarding the selection of a Town Board Member to act as liaison to the Aipport Advisory Committee, as previously requested by the Board. MR. JOHNSON moved that Councilman Gerard McCluskey be appointed as the liaison member of the Town Board to the Airport Advisory Committee. Seconded by Mr. Diehl n� Roll Call Vote: 4 Ayes Mrs. Mills Abstained Eleanor Croshier wrote to the Town Board advising them that she was terminating her employment with the Town of Wappinger effective December 31, 1982. A second letter from Mrs. Croshier was a request for reimbursement of two weeks vacation which she stated she was unable to take due to the heavy workload. It was noted that Mrs. Croshier was the Court Clerk for the Town Justices for the past twenty years. MR. DIEHL moved that Mrs. Croshier's request be referred to the Personnel Committee for review of this request as related to the Town Personnel Policy and their report be submitted at the Year End Meeting for consideration by the full Board. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Mills noted that a. resignation had also been received from Ethel Relyea, Deputy Town Clerk, who was also a long time employee of the Town. MRS. MILLS moved that the resignations of Mrs. Croshier and Mrs. Relyea be accepted with regret and best wishes for their future plans. Seconded by Mr. Johnson Motion Unanimously Carried Two Article 78's were served on the Town Clerk from DWS and WVC on Sewer Benefit Assessments. MR. MCCLUSKEY moved to refer the two Article 78's to the Attorney to the Town to defend on behalf of the Town. Seconded by Mr. Johnson Motion Unanimously Carried The Performance Bond required in the franchise agreement between the Town of Wappinger and U. S. Cablevision Corp was received by the Town Clerk for filing and was placed before the Town Board for their consideration. Mr. Adams informed the Board that he was not completely satisfied with the language of the bond and recommended that he contact the cable company to discuss changes. MR. JOHNSON moved that the Attorney to the Town be directed to contact U. S. Cablevision Corp. to discuss changes in the language of the Performance Bond as presented. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Mills brought up the fact that the cable company was increasing the rate for HBO customers one dollar a month beginning January 1, 1983. She resented the fact that this increase was never mentioned during the negotiations they had for the renewal of the franchise and felt the Board should voice their objection to the increase. MRS. MILLS moved that a letter be directed to U. S. Cablevision Corp. indicating that the Town Board objects to the one dollar monthly increase being levied on HBO customers and they feel that this matter should have been brought up during the negotiations for the renewal of the cable franchise. Seconded by Mr. Versace Motion Unanimously Carried A letter from the Attorney informed the Board that he had been advised by Mr. Croshier that Carlen Drive in the Carmel Heights Subdivision had been completed by Mr. Segal and he recommended the release of the Letter of Credit held by Town. Mr. Lapar concurred with Mr. Croshier's recommendation of the release of the Letter of Credit. MR. JOHNSON moved that the Letter of Credit being held by the Town for the completion of Carlen Drive, be released to Mr. Segal, Developer of Carmel Heights Subdivision, as recommended by Mr. Croshier and Mr. Lapar. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Adams wrote to the Board enclosing an opinion from the State Comptroller which appeared to conclude that our contracts with Camo Pollution Control are contracts for professional services. MRS. MILLS moved that the Supervisor be authorized to sign the agreement between Camo Pollution Control and the Town of Wappinger with the changes recommended by the Attorney. Seconded by Mr. Versace Motion Unanimously Carried A third report from Mr. Adams addressed the Mazochi and Petvai Claims relating to the Bell Aire Storm Sewer Project. The Petvai claim had been settled by the contractor's insurance company, but further investigation by him revealed that the Mazochi claim had been denied. MR. MCCLUSKEY moved to receive the report of the Attorney and place it on file. Seconded by Mr. Johnson 41 Motion Unanimously Carried Mr. Johnson recommended that the next two reports from the Attorney regarding Cranberry Improvements and the Appraisal for the Atlas Water Company be discussed at a special work shop session. MR. JOHNSON moved that the Town Board and the Attorney meet at 7 PM on January 6th, 1983, for a work shop session to discuss the reports submitted by the Attorney on Cranberry Improvements and the Appraisal for the Atlas Water Company. Seconded by Mr. McCluskey Motion Unanimously Carried A request was received from Dave Alexander for the release of the retainage fee being held by the Town on the Bell Aire Lane Storm Sewer Contract. MR. VERSACE moved to approve the release of the retainage fee on the Bell Aire Lane Storm Sewer Contract in the amount of $6,782.35, as requested by Dave Alexander. Seconded by Mr. Johnson Motion Unanimously Carried MR. James Klein wrote to the Board requesting acceptance of Briar Lane in the Klein & Alexander Subdivision. The Acting Highway Superintendent advised the Board that this road had been completed according to the Town Highway Specifications and recommended its acceptance. The following resolution was offered by COUNCILMAN VERSACE who moved its adoption: WHEREAS, James A. Klein and David Alexander, the owners of certain property in the Town of Wappinger have offered to dedicate a parcel of land known as Briar Lane in the Town of Wappinger, Dutchess County, New York, to the Town of Wappinger and, WHEREAS, an Irrevocable Letter of Credit has been posted to guarantee the completion of said road in accordance with the rules and regulations of the Town ofWappinger, NOW, THEREFORE, BE IT RESOLVED, that Briar Lane as more particularly described in a deed from James A. Klein and David Alexander to the Town of Wappinger dated December 17th, 1980, is hereby accepted as a public highway in the Town of Wappinger, and it is FURTHER RESOLVED that said Developers shall post a bond to guarantee highway construction of said road, guaranteeing the standard of construction in accordance with said town's rules and regulations in the sum of 20% of the existing Performance Bond (in the form of an Irrevocable Letter of Credit) in form acceptable to the Town and be it FURTHER RESOLVED that upon the filing of the said Highway Construction Guarantee Bond, the present Performance Bond (in the form of an Irrevocable Letter of Credit) shall be released by the Town Clerk of the Town of Wappinger and be returned to James A. Klein and David Alexander, and be it FURTHER RESOLVED that the name of the road upon acceptance shall be Briar Lane and, BE IT FURTHER RESOLVED that the acceptance of the road shall be conditional upon the tender to the Town in a form acceptable to the Attorney to the Town the Irrevocable Letter of Credit guaranteeing highway construction and a Title Policy deemed necessary by the Attorney to the Town. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays ry Mr. KLein was present and wished to speak to the Board on another matter; he requested permission from the Town Board to proceed under Section 281 of Town Law with the Eck Subdivision. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that the Town Board grant the applicant permission to proceed -under-Section 281 of Town Law and'authorize the Planning Board to proceed with the Eck Subdivision application as a Cluster Development pursuant to Section 281 of Town Law and Section 411.92 (Conservation Subdivision) of the Town of Wappinger Zoning Ordinance with provision for inclusion of a Conservation Park District, and BE IT FURTHER RESOLVED, that the Planning Board refer the application back to the Town Board for their review and comments after it has received preliminary approval, but prior to Planning Board final approval. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays Correspondence was received from Mr. Peter Anagnos, Director of Engineering, Dutchess County Department of Public Works, in response to our request for a lower speed limit on Losee Road. This request was being reviewed by that department and if favor- able would be forwarded to the state for their approval. Mr. Anagnos recommended that a stop sign be erected on Sucich Place and indicated that any other arrangement would be confusing. Discussion followed on this recommendation since the Board had held a public hearing on a proposed Local Law for the installation of three stop signs in this area. It was agreed that further comments on this matter would come up later on in the meeting when the Board considered action on this proposed local law. Mrs. Sandra Goldberg, Wappinger County Legislator, was recognized by the Chair and commented that she had spoken to Mr. Spratt, Commissioner of Dutchess County Department of Public Works and he was very encouraging in the matter of the reduced speed limit. She further commented on the stop signs and felt that three signs could be confusing especially if there were an accident, where do you put the blame. The Board had previously requested that law enforcement agencies be contacted for records of accidents on Losee Road and after numerous calls had been made to these agencies we were referred to the Dutchess County Traffic Safety Board. According to their records, a total of eight accidents had occurred on Losee Road during 1982 and four accidents during 1981. Mr. Diehl directed that all the correspondence pertaining to Losee Road be received and placed on file. The next item placed before the Board for their consideration was the date for the Year End Meeting and the Reorganizational Meeting. MR. JOHNSON moved that the Year End Meeting be set for December 30, 1982 at 4 P.M. and the Reorganizational Meeting be set for January 3, 1983 at 7 P.M. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from the Fire Prevention Bureau regarding a paid Fire Inspector for the Town. Mr. Johnson felt this needed further discussion by the Board and recommended that this be done at their work shop session. MR. JOHNSON moved that the letter from the Fire Prevention Bureau regarding a paid Fire Inspector be referred to the December 27, 1982 work shop session for discussion by the Board. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Ralph Holt, President of Little League, wrote to Mr. Diehl requesting a donation of $220.00 for jackets for their Big League. Mr. Diehl explained that this League had been successful in the District 17 Championship and had received various awards for this accomplishment. The other towns involved had contributed towards these awards and the $220.00, if approved by the Board, would represent the Town of Wappinger donation. MR. JOHNSON moved that the expenditure of $220.00 for jackets for the Southern Dutchess Big League be approved and this amount be taken from Federal Revenue Sharing account. Seconded by Mr. Versace Motion Unanimously Carried Mr. Holt also mentioned in his letter that the Board consider approval of a contract with Little League similiar to the one they agreed to for the year 1982. MR. VERSACE moved to approve entering into contract with the Little League Association for the year 1983 and authorize the Attorney to draw up said contract for the Town Board's consid- eration. Seconded by Mr. Johnson Motion Unanimously Carried A Notice of Public Hearing was received from the Town of Lloyd on an Amendment to their Zoning Ordinance. MR. JOHNSON moved to receive the Notice of Public Hearing from the Town of Lloyd and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried Under Committee Reports, Mr. Gerry Webb had submitted a report that had been previously requested by the Board giving detailed information on a Drainage Study to be conducted by students from Cornell Uhhiversity and initiated by the Conservation Advisory Council. This report had been left earlier in the day for distribution to the Town Board Members and Mr. Lapar and received by them just previous to the meeting. Mr. Johnson recommended that the report be referred to Mr. Lapar for his review before the Board considered taking action on it. Mrs. Mills reported that she and the Comptroller had attended a Blue Cross Health Insurance meeting in Newburgh regarding changes in medical insurance for Town employees which she would discuss further at a work shop session. Mr. Johnson had several ordinances he wished to discuss at work shop session and asked that one hour be set aside for a discussion with the Zoning Board of Appeals on December 27, 1982. A second item Mr. Johnson wished to discuss at work shop session was a request from Mr. Croshier for equipment for the Highway Department. Mr. Johnson reported that a new bathroom facility was needed at the Highway Department plus renovations to house the Patrol Car. �l L MR. JOHNSON moved that an expenditure not exceeding $500.00 be authorized for an additional bathroom facility at the Highway Department and renovations to be made on one of the stalls adjacent to the Sheriff Sub -Station to provide housing for the Patrol Car at night and this expenditure to be charged to the Federal Revenue Sharing Account. Seconded by Mr. McCluskey Motion Unanimously Carried It was brought up by Mr. Johnson that a meeting would be held at the Dutchess Community College on December 16, 1982 at 10 A.M. on the CHIPS Program (Consolidated Local Street and Highway Improvement Program) which the Highway Superintendent was aware of and intended to attend. Mr. Johnson felt it would be appro- priate for the Comptroller to be present at this meeting and requested that he be directed to attend along with Mr. Croshier. Mr. McCluskey reported that he had set a meeting with representa- tives of the Merritt -Meridian Corp. in Beacon (building contractors) and also representatives from an architectural firm in Newburgh on December 15, 1982 at 4 P.M. and he invited the Board Members to attend the meeting. Mr. Versace commented that he was under the impression that the full Board would be working on the project for a new Town Hall and a work shop session would be set up for these discussions. Committees are fine for some matters, he continued, but in this case he thought they all agreed that the full Board would be involved from the beginning and be aware of all meetings. Mr. McCluskey responded that he was Chairman of the Building Committee and he had been contacted by contractors who had been informed that the Town was moving forward toward a new Town Hall. He would welcome Mr. Versace's input and he was welcome to attend any of the Committee meetings. Up to thispoint, he continued, nothing had been discussed since he had no idea of the type of building the Town has in mind or how far the money will go. The meeting that he set would be the first for discussions on what way they want to go. Bids for the Construction of the Highway Garage Extension were opened on the 10th of November, 1982 from two companies --- B/D Contracting, total amount of $50,050.00 and Merritt Meridian Construction Corp. total amount of $51,444.00. MR. JOHNSON moved that the Bid for the Highway Garage Extension be awarded to B/D Contracting as low bidder in the amount of $50,050.00, authorize the Supervisor to sign the contract for this project and authorize the Comptroller to prepare the necessary papers for bonding. Seconded by Mr. McCluskey Motion Unanimously Carried The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, the Town of Wappinger was a signatory to an Agreement of Municipal Cooperation between said Town and the Town of Poughkeepsie, Town of LaGrange and the Village of Wappingers Falls dated the 28th day of October, 1975, and WHEREAS, said Agreement has been recently amended to provide that the Town of Wappinger is no longer party to said Inter- municipal Agreement, and WHEREAS, the Town of Wappinger will in the future no longer be members of the Tri -Municipal Sewer Commission, and WHEREAS, pursuant to the amendment of said Agreement, it was understood that the interest in certain premises located in the Town of Poughkeepsie to be used as a sewage treatment plant site were to be conveyed by the Town of Wappinger to the Town of Poughkeepsie and the Village of Wappingers Falls for consideration as hereafter stated, and WHEREAS, the Tri -Municipal Sewer Commission is crediting to the Town of Wappinger in exchange for said conveyance its pro- portionate share of said premises against monies owed to the Tri -Municipal Sewer Commission by said township and releasing it from all existing or further financial or other obligations to the Commission, NOW, THEREFORE, be it resolved as follows: 1. That the Town of Wappinger hereby conveys all of its interest in and to certain premises purchased from the Children's Aid Society and more particularly described in a deed recorded in the Dutchess County ,Clerk's Office in Liber 1443 of Deeds at Page 70 to the Town of Poughkeepsie and the Village of Wappingers Falls as members of the Tri -Municipal Sewer Commission. 2. That the Supervisor of the township is hereby authorized to execute a quitclaim deed on behalf of the Town of Wappinger so that all of the interests of the Town of Wappinger in said property be conveyed to the Town of Poughkeepsie and the Village of Wappingers Falls as members of the Tri -Municipal Commission. 3. That upon tender of said deed to the Commission, the Commission shall pay to the Town of Wappinger the sum of $1,800.00 said sum representing the balance due to the Town of Wappinger after consideration of the value of the interest conveyed by the Town ($24,000) less any existing financial obligation of the Town of Wappinger subject to the audit hereafter described. 4. That tender of the deed shall be upon the condition that its acceptance shall constitute a release by the Village of Wappingers Falls, the Town of Poughkeepsie and the Tri - Municipal Commission of any existing and further claims of any kind which they may have or will ever have as a result of the participation of the Town of Wappinger in the Tri - Municipal Commission subject to the audit hereafter described. 5. Any amount due to the Town of Wappinger from the Tri -Municipal Commission is subject to audits to be performed by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation. Seconded by: Councilman Versace Roll Call Vote: Louis Diehl, Supervisor Aye Nicholas Johnson, Councilman Aye Gerard McCluskey, Councilman Aye Bernice Mills, Councilwoman Aye Francis Versace, Councilman Aye A report was received from the Building Inspector regarding the Dagnone House at the corner of Route 9D and Middlebush Road and a recommendation that the Town Board pass a resolution ordering the immediate repair or demolition of the building. The following resolution was offered by COUNCILMAN MCCLUSKEY who moved its adoption: WHEREAS, pursuant to Section 4 of Local Law No. 8 of 1982, the Town Board has received an investigative report concerning an unsafe building as more particulary described in the letter of the Building Inspector of the town dated November 24th, 1982, and attachments thereto, and WHEREAS, the Town Board has duly considered what course of action is appropriate in view of the condition of the premises described therein, NOW, THEREFORE, BE IT RESOLVED that the report of the Building Inspector dated November 24, 1982 with attachments be received, and BE IT FURTHER RESOLVED that upon the recommendation of the Building Inspector and for the reasons set forth therein, it is determined that the premises described in said report are unsafe and dangerous, and BE IT FURTHER RESOLVED that because prior directives to secure the premises to avoid further deterioration thereof have been ineffectual as determined by the Building Inspector and as the deterioration of the premises appears to be advanced, it is hereby determined that the premises cannot be safely repaired and should be demolished unless immediate steps are taken to arrest deterioration and to correct all the unsafe circumstances as outlined by the report of November 24th, 1982 and attachments, and BE IT FURTHER RESOLVED that failure within fifteen (15) days of service of this letter upon the owner of the premises to arrest the deterioration of the building and to eliminate the unsafe circumstances existing thereat, the premises shall be demolished by the owner no later than January 15, 1983, and BE IT FURTHER RESOLVED that if the owner fails to undertake demolition or correction of the unsafe circumstamces as hereto.. fore provided, the Building Inspector shall cause the premises to be demolished at the expense of the owner of the premises. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays \ Bids for two Pick-up Trucks for the Highway Department were opened on December 8, 1982. Two bids were received as follows: McCallum Chevrolet, $20,995.00 and Louis Smith Chevrolet, $20,672.44. Mr. Croshier recommended that the bid be awarded to Louis Smith Chevrolet, low bidder. Mr. McCluskey commented that in view of the fact that the difference between the two bids was only $322.00, he felt the bid should be awarded to the local dealer and the vehicles could be serviced locally rather than traveling across the river to Newburgh where the low bidder company was located. The Attorney stated there were no provisions in the General Municipal Law for exceptions based upon consideration that a location might be more acceptable than the other relating to traveling for service or repairs. Mr. Philip Marsh was recognized by the Chair and stated that he was a resident of the Town and a salesman from McCallum who had submitted the bid for the pick-up trucks. He protested the awarding of the bid to the low bidder based on the same facts that Mr. McCluskey had presented. The difference in mileage from one dealer to the one located across the river he claimed was almost double and in addition there were tolls to consider plus the fact that two vehicles would be needed to take the truck for service in order to provide return transportation for the driver of the vehicle that would be left for repairs. He further noted that the company had a good relationship with the Town and had been awarded a bid for the previous truck purchased by the Highway and they were well stocked with the necessary parts. Mr. Adams pointed out that the only way the Board could award the bid to a company that was not the low bidder was to determine that the low bidder was not a responsible bidder. Mr. Anthony Valentino was recognized by the Chair and informed the Board that he was a resident of the Town for 60 years and an employee of McCallum Chevrolet and brought up the same arguments that Mr. Marsh mentioned relating to awarding the bid for the pick-up trucks to the low bidder. He added that he felt the business should be kept in the County. This discussion continued, however, the Board Members explained that the Attorney had given his opinion based on the Law and they must abide by this opinion. MR. JOHNSON moved that the bid for the Highway Pick-up Trucks be awarded to Louis Smith Chevrolet, low bidder, in the amount of $20,672.44 which would be charged to the Federal Revenue Sharing Account. Seconded by Mrs. Mills Motion Unanimously Carried A Public Hearing having been held by the Town Board on a proposed Local Law Providing for Stop Signs for Losee Road and Sucich Place on December 6, 1982, the matter was now placed before them for their consideration. MR. JOHNSON moved to adopt the following Local Law *9 of 1982: A Local Law amending Local Law No. 3 of 1982 Regulating Traffic within the Town of Wappinger. Section 1. Full Stop Streets. Local Law No. 3 of 1982 is amended by adding Section 1 there of to read: 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 Losee Road at its intersection with Sucich Place. Sucich Place at its intersection with Losee Road. Section 2. Effective Date This local law shall become effective upon filing with the Secretary of State. Seconded by: Mr. Versace Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on a proposed Local Law Amending Local Law #13 of 1980 and Local Law #10 of 1981 Relating to the Imposition, Charge and Collection of Water Rates for the Mid -Point Park Sewer District on December 6, 1982, the matter was now placed before the Board for their consideration. At the Public Hearing, it came to light that there may have been more of an expended balance than hitherto anticipated and the Board felt that an increase at this time was not necessary. There was some area of concern that perhaps later this year there may be a need to increase the rates. MR. JOHNSON moved that no action be taken on the proposed Local Law Amending Local Law #13 of 1980 and Local Law #10 of 1981 Relating to the Imposition, Charge and Collection of Water Rates for the Mid -Point Park Sewer District and the rates remain the same. Seconded by Mrs. Mills Motion Unanimously Carried A Public Hearing having been held by the Town Board on a proposed Local Law Amending Local Law ##12 of 1980 Local Law #9 of 1981 Relating to the Imposition, Charge and Collection of Water Rates for the Rockingham Sewer District, on December 6, 1982, the matter was now placed before them for their consideration. At the Public Hearing it came to light that there may have been more of an expended balance than hitherto anticipated and the Board felt that an increase at this time was not necessary. There was some area of concern that perhaps later this year there may be a need to increase the rates. MR. JOHNSON moved that no action be taken on the proposed Local Law Amending Local Law #12 of 1980 and Local Law ##9 of 1981 Relating to the Imposition, Charge and Collection of Water Rates for the Rockingham Sewer District and the rates remain the same. Seconded by Mrs. Mills Motion Unanimously Carried A Public Hearing having been held by the Town Board on a proposed Local Law Amending Local Law ##8 of 1980 and Local Law #7 of 1981 Relating to the Imposition, Charge and Collection of Water Rates /i for the Fleetwood Water District, on December 6, 1982, the matter was now placed before them for their consideration. At the Public Hearing it came to light that there may have been more of an expended balance than hitherto anticipated and the Board felt that an increase at this time was not necessary. There was some area of concern that perheps later this year there may be a need to increase the rates. MR. JOHNSON moved that no action be taken on the proposed Local Law Amending Local Law *8 of 1980 and Local Law *7 of 1981, Relating to the Imposition, Charge and Collection of Water Rates for the Fleetwood Water District and the rates remain the same. Seconded by Mrs. Mills Motion Unanimously Carried A Public Hearing having been held by the Town Board on the matter of the Establishment of The Hamlet Conservation Park District on December 6th, 1982, the matter was now placed before them for their consideration. IN THE MATTER OF THE ESTABLISHMENT OF THE HAMLET CONSERVATION PARK DISTRICT IN THE TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12 OF THE TOWN LAW. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption:. WHEREAS, a petition dated November 5, 1982 has been duly presented to the Town Board of the Town of Wappinger, with the necessary map and plan attached thereto according to law, requesting that a Conservation Park District, as hereinafter described, be established in the Town of Wappinger, and WHEREAS, Gino M. Pullo has petitioned the Town Board of the Town of Wappinger, as a condition of subdivision approval for The Hamlet, for the creation of a Conservation Park District, and WHEREAS, said Town Board duly adopted on November 8, 1982 a resolution reciting in general terms the filing of said petition, the Boundaries of said District, that no Improvements are proposed to be made, and no Public Funds will be expended, and specifying that said Town Board shall meet at the Town Hall, Mill Street, in the Village of Wappingers Falls, New York on the 6th day of December 1982 at 7:00 P.M. to consider said petition and hear all persons interested in the subject thereof, concerning the same, and WHEREAS, copies ofsaid resolution were duly published and posted according to law, and said Town Board did, at the time and place specified in said resolution, duly meet and consider the matter of the establishment of said Conservation Park District, and hear all persons interested in the subject thereof, and ig WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made; NOW, THEREFORE, RESOLVED, by the Town Board of the Town of Wappinger, in the County of Dutchess, New York, that it be and hereby is determined as follows: 1. The aforesaid petition is signed and acknowledged as provided by law and is otherwise sufficient. 2. That all of the property and property owners within the proposed Conservation Park District are benefitted thereby. 3. That all of the property and property owners benefitted are included within the proposed Conservation Park District. 4. That it is in the public interest to establish the proposed Conservation Park District as hereinafter described. and be it FURTHER RESOLVED, that the Town Board does hereby approve the establishment of a Conservation Park District as hereinafter described, to be known as the Hamlet Conservation Park District, and shall be bounded and described as follows: All that tract of land in the Town of Wappinger Bounded and described in Schedule "A", attached hereto and made part hereof. and be it FURTHER RESOLVED, that no funds be expended for improvements, said District to remain in its natural state, and be it FURTHER RESOLVED, that the applicant Gino M. Pullo, as owner of all lands within the District assume any costs associated with the formation of said District, and be it FURTHER RESOLVED that the creation of the District be conditioned upon the donation by the applicant, Gino M. Pullo, of the sum of $1,000.00, said sum to be used to defray the maintenance cost of the district, and be it FURTHER RESOLVED and determined that this resolution shall take effect upon the adoption of final subdivision approval by the Town of Wappinger Planning Board and execution of the Plat by signature of the Planning Board Chairman, and as provided by Town Law. Seconded by: Supervisor Diehl `n� Roll Call Vote: 5 Ayes 0 Nays Y"'" Under Unfinished Business Mr. Adams had a report on the status of the Mocassin Hill Roads. The developer had obtained three of the four easements required for the dedication of these roads, however, the one easement he was not successful in acquiring was actually a cul-de-sac and not necessary for thru traffic. Due to weather conditions, there was still work to be done on the roads in the amount of $10,000 and the developer was agreeable to posting this sum in cash to assure completion of the work. Mr. Adams explained that the Town could accept the roads with the exception of the one portion which was the cul-de-sac where no easement has been obtained conditionable upon the posting of the $10,000 cash bond. MR. VERSACE moved that the Town accept an agreement with the developer of Mocassin Hill which would provide that the sum of $10,000 be held in an escrow account until all work is completed on the roads and the attorney approve all necessary documents in writing before dedication of the roads in this subdivision becomes final. Seconded by Mr. Mcluskey 1' - Motion Unanimously Carried Mr. Versace mentioned correspondence received from the Comptroller indicating that additional revenues were received from the County which represented the Town's share of mortgage tax for the period of April 1, 1982 through September 30, 1982. There was actually a surplus of $136,000 which was a result of the financing of the Pizzagalli complex on Myers Corners Road. Since this was revenue received in 1982 it was Mr. Versace's recommendation that the surplus be applied toward reducing taxes in the 1983 budget. Mr. Adams informed him that it was too late to do this since taxes for 1983 had already been levied. It was then requested by Mr. Versace that the Comptroller put this sum in an interest bearing account to be applied toward the 1984 budget. Mr. Johnson requested the Attorney to set up a meeting with the Planning Board and representatives from Ecolsciences regarding correspondence received from them on the Draft EIS for the Cornell -Drake rezoning for December 20, 1982 at 7 P.M. A memo was received from Supervisor Diehl requesting to attend Wappinger Day at Boca Raton, Florida on February 27, 1983 as representative from the Town of Wappinger. MR. JOHNSON moved that the Supervisor be granted approval of his request to attend Wappinger Day at Boca Raton, Florida as representative of the Town of Wappinger and his legitimate expenses would be a Town Charge. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes Mr. Versace ---Nay Mr. Versace stated that he objected to the Town paying Mr. Diehl's expenses for this trip since he did not feel it was an educational conference. A late correspondence was received from Jack Railing of Barger and Russ regarding Shelbourne Hill Subdivision, Section 1 on Myers Corners and Montfort Road. Mr. Railing requested that a letter be directed to him stating that Town water was available for this subdivision. This information was necessary for Dutchess County Department of Health approval. MR. DIEHL moved that Mr. Lapar be directed to respond to this request and inform Mr. Railing that the Shelbourne Hill Subdi- vision is within the boundaries of the Town Water Improvement Area and these facilities are available to them. Seconded by Mr. Johnson Motion Unanimously Carried MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Mills and carried. Me meeting adjourned at 10:15 P.M. Reg. Mtg. 12/13/82 Elaine H. Snowden Town Clerk