Loading...
1981-11-09 RGMu AGENDA TOWN BOARD TOWN OF WAPPINGER NOVEMBER 9, 1981 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. October 14, 1981 4. REPORTS OF OFFICERS: Town Justices Compt/Sup. Bldg/Zng Rec. of Taxes Hydrant Report 5. PETITIONS & COMMUNICATIONS a. Roberta Lucas re: request reimbursement for clearing drain b. Bruce Pfaff re: Bill for sewer back-up cleaning c. C. Waddle, Ch. ZBA re: instituting application fees for Zoning Appeals -d. Planning Bd. corr. re: John Vorndran, Sect. C Subdivision e. R.E. Lapar re: -County ditch between Spook Hill & MacFarlane Rds. f. James Spratt, Comm.DCDPW .re: Speed limit for Robinson Lane g. Mark Wright, Attny,for Sharon Karlic - Petition for rezoning her property to HB -1A 6. COMMITThE REPORTS 7. RESOLUTIONS a. b. c. d. e. f. g. Conservation Park District (Field Stone Permanent appointment for Bldg. Res. to relevy Delinquent Water Set Public Hearings for Water & Improvement Areas) Vacancy on Board of Assessment Review Adopt Town of Wappinger Budget for year Participation in. County Consortium.Plan Block Grant Program Subd.) to Insp./Zng. Adm. & Sewer bill - to County Sewer Benefit Assessments (Dists. set Public Hearing 8. UNFINISHED BUSINESS Alberto Gyomai rezoning request Jos. Ludewig term expired 1932 - for Community Dev. 9. NEW BUSINESS Jos. Swantek, 5. Granger Place, Sewer Back -,up damages 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on November 9, 1981, at Town Hall, 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 Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney to the Town Rudolph Lapar, Engineer to the Town At Mr. Diehl's request, all stood and said the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of October 14, 1981, having previously been sent to all Board Members, were now placed before them for their consideration. MRS. REILLY moved that the Minutes of the Regular Meeting of October 14, 1981, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Mills Motion Unanimously Carried Reports for the month of October were received from the Town Justices, Building Inspector/Zoning Administrator, Receiver of Taxes, Hydrant Report and the Comptroller/Supervisor report through September 30, 1981. MRS. MILLS moved to accept the reports and place them on file. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Robert Lucas enclosing a bill for drain clearing due to a stoppage which was found 83' from the house. She requested reimbursement of this bill since she under, - stood that the homeowner was responsible for the drain up to 50 ft. from the home. Mrs. Mills had spoken to Mrs. Lucas and there was some confusion as to whose responsibility it was and Mrs. Milts felt it should be investigated. According to Mrs. Lucas, this not was /the first time it had happened, but she had taken care of it on her own the previous times. Since this was a reoccurrence Mr. Versace felt Camo should be directed to flush the lines. MRS. MILLS moved that Mr. Gunderud and a representative from Camo Pollution Control investigate this matter and advise the Board of their findings. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Bruce Pfaff at 46 Robert Lane, had sewage overflow in his downstairs bathroom and playroom and claimed the Town should be responsible to replace the carpeting and pay for any ether damage that had occurred. Mr. Diehl informed the Board that he had forded the information to the Town's insurance carrier for investigation and recommenda- tion. Mrs. Carol Waddle, Chairperson of the Zoning Board of Appeals wrote to the Board regarding a proposed application fee for appeals, which she felt would help defray cost of postage and personnel. Mr. Johnson agreed that there should be a fee for this service, but was hesitant about the $35.00 fee suggested by Mrs. Waddle and recommended that they discuss it at their next work shop session. While on this subject, Mr. Versace recommended that they discuss the fee schedule for building pemmits previously submitted by Mr. Gunderud at this work shop. At the last meeting a request was directed to the Planning Board to defer action on the Vorndran Subdivision for thirty days; a response was received from them informing the Town Board that they had held the final public hearing and tabled action until November 16th, 1981, as had been requested; they saw no reason to delay action beyond that: date. The following report on testing the wells on the Vorndran property was received from the Engineer: Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Dear Board Members: November 6, 1981 Test Wells (Area South of Hilltop Well Field Vorndran Property The results of the test wells as done by the Stephen B. Church Company and inspected by our office prove that water is available at the site. It is our strong recommendation that as a result of the tests and various other data, the entire forty acres (40) be purchased at this time. Since a series of wells must be drilled in order to obtain the 500 gpm additional capacity recommended by the New York State Health Department, it is deemed prudent to purchase the whole property. It is my professional opinion that the purchase of the entire parcel will save the Town the eventual problem now faced by such Communities as Town of Poughkeepsie, Villages of Staatsburg and Red Hook,the County of Orange, New York and industries like IBM, Fishkill. This new well field will also act as a support system to the existing small water districts throughout the Town. We have included the following documents to substantiate the above mentioned recommendations. 1. Report of Stephen B. Church Company 2. First page of recent address by Robert MacNeil 3. Article - "Water Shortages Ahead in Northeast?" 4. Poughkeepsie Journal Article "IBM wants to develop 12th East Fishkill Well" 5. Map of Proposed Acquisition for Central Wappinger Water Improvement. Respectfully submitted, s/ Rudolph E. Lapar, P. E. Mr. Diehl remarked that he was surprised a greater amount of water was not found in the wells tested and then recommended that the Board should authorize the purchase of six acres of that land which was mandated by the state. Mr. Johnson noted that other wells in the area produced as much as 500 to 900 gpm and he agreed with Mr. Diehl's recommendation to purchase the six acres. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: BE IT RESOLVED that the Supervisor be authorized to enter into negotiations with John Vorndran for the acquisition of that area of land which the Town, under WSA 7005, has been directed to purchase to provide protection for the Hilltop Water Site and to report to the Town Board the results of said negotiations for its approval or disapproval. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes Mr. Versace ---Nay Mr. Diehl requested that the Planning Board be notified of this action. The following report was received from Mr. Lapar: October 26, 1981 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: County Drainage Ditch between Spook Hill Road and McFarland Road along Old Hopewell Road Dear Board Members: It has come to our attention that the drainage ditch that was dug by the County along Old Hopewell Road a year or two ago could adversly effect the house water lateral placed by the CWWI in 1973-74. It is our believe that the County should be responsible for the insulation of these house laterals or the expense, if any damage (freezing) occurs. Please advise. Very truly yours, s/ Rudolph E. Lapar Engineer to the CWWI MR. JOHNSON moved that Mr. Spratt be notified of this condition, and the Town Board feels the County should be responsible for their work, with copies to County Executive and the Wappinger County Legislators. Seconded by Mrs. Reilly k,Lion Unanimously Carried After receiving a denial of a reduced speed limit on Robinson Lane from Mr. Spratt, at last month's meeting the Town Board requested a letter be directed to Mr. Spratt indicating their displeasure with the negative response repeatedly being received on these requests; a response was received from Mr. Spratt advising the Board that Mr. Peter Anagnos, Director of Engineering, would attend a work shop session, upon notification by the Board, to further discuss this matter. Mr. Diehl said a letter would be directed from his office inviting Mr. Anagnos to attend the next work shop session for this discussion. A petition for rezoning property owned by Sharon Karlic on Route 376 was received from Mark Wright, Attorney with Roosa & Roosa. This request had been submitted previously for NB zoning and had been denied by the Board since they felt it would be spot zoning; now the request was for HB for that parcel plus the possibility of Board consideration of a larger area contiguous to the Karlic property. Mr. Diehl felt the Board could take another look at this rezoning since it was a whole new aspect and could perhaps include a larger area; Mrs. Mills concurred with his opinion and Mr. Johnson agreed that the Ordinance Committee could review it again. Mr. Versace, however, did not go along with another review and reminded the Board that under the new zoning, they purposely allowed for industrial develop- ment in that area, and although he sympathized with the Karlics', he thought it should remain as zoned. He also opposed the idea of the Board initiating further rezoning in that area without specific requests from the property owners. MR. DMEHL.' moved that this petition for rezoning the Karlic property from PI -la to HB -la be referred to the Ordinance Committee for review and recommendation. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes Mr. Versace ----Nay Action on setting a public hearing for a Conservation Park District in the Fieldstone Subdivision had been tabled from the last meeting at the Attorney's request. This was again placed before the Board for their consideration, however, it had come to Mr. Adams' attention that requested information had not been received by the Recreation Commission from Mr. Klein and he asked that it be tabled again. MR. JOHNSON moved that a letter be directed to Mr. Klein asking for the information needed by the Recreation Commission and the Highway Superintendent, and request these two departments to 6 follow up on the information behalf. Seconded by Mrs. Reilly from Mr. Klein on their own Notice was received from Dutchess Gunderud had placed second on the Administrator Civil Motion Unanimously Carried County Personnel that Hans Building Inspector/Zoning Service test and was permanent appointment by the Town that although he had no objection now eligible for a Board. Mr. Johnson mentioned to taking this action, he had not seen the notification from Dutchess County and felt this matter could wait. Mr. Diehl said there was a time limit and would like the Board to consider this action conditioned upon receiving a copy of the notice which had been sent to his office. MR. DIEHL moved that Hans Gunderud be appointed in a permanent position as Building Inspector/Zoning Administrator for the Town of Wappinger, conditioned upon the notification from Dutchess County Personnel being forwarded to the Town Board. Seconded by Mrs. Reilly f Motion Unanimously Carried The following resolution was offered by COUNCILMAN MILLS who moved its adoption: RESOLVED, that all delinquent water and sewer bills in arrears as of November 25, 1981 in: Oakwood Water District, Central Wappinger Water Improvement Area, Fleetwood Water District, Tall Trees Water Improvement Area, Wappinger Sewer Improvement Area #1, Wildwood Sewer District, Rockingham Sewer District, Mid -Point Park Sewer District, Fleetwood Sewer District, Watch Hill Water District and Ardmore Water Improvement Area, in the Town of Wappinger, be forwarded to the County of Dutchess to be placed on the Tax Rolls of 1982. A list of all delinquent charges will be forwarded to the County on November 25, 1981. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays The Benefit Assessment Rolls for the Water And Sewer Districts and Improvement Areas, having been received from the Assessor, the matter of setting Public Hearings was placed before them for their consideration. MR. JOHNSON moved that the Public Hearings on the Benefit Assessment Rolls for the Water and Sewer Districts and Improve- 1 ment Areas be set for November 30, 1981 beginning at 7:00 P.M. and continuing at five minute intervals until completed. Seconded by Mrs. Reilly Motion Unanimously Carried There was a vacancy on the Board of Assessment Review and the matter was placed before the Board for their consideration. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: RESOLVED, that Joseph E. Ludewig, be and he is hereby re- appointed to fill the vacancy on the Board of Assessment Review of the Town of Wappinger, and it is further RESOLVED, that the said Joseph E. Ludewig is hereby reappointed to the said Board of Assessment Review for a term which shall expire on September 30, 1986. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays A Public Hearing was held by the Town Board on November 5th, 1981 on the Preliminary Budget and Federal Revenue Sharing of 1982 and was now placed before them for its adoption; however, the members felt more work shop sessions were needed before they could consider taking any action. Mr. Diehl wanted to pursue double yellow striping on the town roads and upon inquiry, quoted a price of $225 to $230 per mile which could be done by county personnel and include equipment and material. While he did not expect to accomplish a complete striping throughout the town, he asked the Board to consider the initiation of this project in 1982. Mr. Versace added the request that they also consider appropriating money for "Children at Play" signs since there have been many requests for them throughout the year. He asked that the Comptroller investigate the cost and that it be discussed at the work shop session. Mr. Incoronato, being recognized by the Chair, asked if the Board had discussed Mr. Versace's proposed Town operated Water and Sewer Budget which, it appeared, could save the districts a substantial amount of money in operation and maintenance. Mr. Diehl responded that it had been discussed, but at this time, there have been no decisions; however, the issue is not a closed one and further discussions could follow. The Board agreed on November llth, 1981 at 7PM for their work shop session on the budget. MRS. REILLY moved to hold a Special Meeting on November 20th, 1981 at 5PM for the sole purpose of adopting the 1982 Budget. Seconded by Mrs. Mills Motion Unanimously Carried A request had been received from the Dutchess County Department of Planning for participation by the Town in the Dutchess County Urban County Consortium Plan. It was the opinion of the Attorney that town participation would not obligate them to expend any funds unless it was their intent to seek funds available under the Community Development Block Grant Program. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: BE IT RESOLVED that the Town of Wappinger elects to participate in the Dutchess County Urban County Consortium plan to permit that consortium to apply to the Housing and Urban Development Urban County Community Development Fund for the Community Development Block Grant Program, and BE IT FURTHER RESOLVED that the Supervisor of the Town of Wappinger is hereby authorized to execute the agreement of cooperation consisting of four pages with the County of Dutchess to permit said county to apply for funds as an applicant under the Housing and Community Development Act of 1977. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays A request from Alberto Gyomai for rezoning property on Park Hill Drive from residential to NB had been received by the Town Board at last month's meeting and referred to the Zoning Board of Appeals for their consideration of a variance. Mr. Gunderud did not agree with this referral since the intent was not for a "home occupation", but rather a commercial beauty salon. The application was therefore referred back to the Town Board for a rezoning request. Mr. Gyomai was present and confirmed his intention as stated in the request that they would reside in the building and also conduct the business in another section of the same structure. Mr. Johnson explained to Mr. Gyomai that this would be reviewed by the Ordinance Committee and whatever recommendations they came up with would be discussed at a work session of the full Board at which time Mr. Gyomai could be present ----he would be notified of the date. Dick Bickerton,, a resident of the Primrose Subdivision, being recognized by the Chair, asked the Board if they could provide assistance to the residents in the matter of the developer planting the trees that were required on each lot. At the last meeting, a majority of the residents present chose to have the Town accept the roads and then try to negotiate the planting of the trees with the developer. Mr. Adams explained that in his mind, there was a question whether the Town could be involved in this situation since the trees would be planted on private property; he felt that since this was not being done on the Town Highways, they really had no authority to go into litigation on a matter which was strictly between the residents and the developer; they would, of course, receive the full cooperation from the Town on records, agreements and any correspondence pertinent to the matter if the residents them- selves initiated litigation. Mr. Hirkala was recognized by the Chair and pursued the matter of a new Town Hall ----what is the status at this point, have we entered into any contracts with the architect, was a study conducted and were records available on cost comparision of rentals, maintenance and possible sale of the present Town Hall versus a new one. Mrs. Reilly, Chairman of the Building Committee, explained that a contract had been drawn up but never signed; the hangup seemed to be because they could not agree on the sight. The site on Middlebush Road was seriously being considered, however, if and when the Cranberry Hills development obtains final approval, the Town will obtain a five acre parcel which would be prime land and far more appealing than the acreage on the present site which was mostly wetlands. Just about a year ago, a petition for a street lighting district had been received from residents of Panoram Acres 0 and forwarded to Central Hudson for a survey of the area which would provide the Town with the necessary information needed to form this district. To this date nothing had been received from them although a follow-up letter had been directed to them. Mr. Johnson had been questioned on this matter by Mr. Schwandt, one of the petitioners, and asked that another letter be directed to Central Hudson asking for an immediate review of this area and submission to the Town Board of the numbers and cost involved to form this district and a copy of the letter be forwarded to Mr. Schwandt. Late correspondence was received from Joseph Swantek, 5 Granger Place submitting an estimate of damages caused by a sewer back- up which had been checked out by Camo Pollution Control. .They found a blockage in the main sewer line which had to be cleaned out twice to clear the blockage. Mr. Diehl reported that this claim had been sent to the Town's insurance carrier for investi- gation but had not received a report at this time. Mr. Versace brought up correspondence received from Camo Pollution regarding repairs on the wet well communitor at the Oakwood Knolls Sewer Plant which were itemized and estimated at $1,946.00 for the complete job. MR. VERSACE moved to authorize Camo Pollution Control to order the necessary parts to repair the wet well communitor at the Oakwood Knolls Sewer Plant at a cost of $1,946.00 and further moved that the Comptroller be notified to include this line item in the 1982 budget. Seconded by Mrs. Mills Motion Unanimously Carried Another communication from Camo Pollution Control referenced a problem at 5 Russet Lane which was caused by overflow of the Russet Lane Pump Station. The residents complained of overflow in that front yard during periods of pump outages, which Camo claimed was due to the fact that the home was new and the clean- out that was installed was the low point in the line. This same communication brought another complaint to the attention of the Board which was the alarm system that sounded to indicate a problem in the operation of the plant. The alarm itself worked very efficiently, but did cause complaints from the surrounding homeowners, especially when it went off in the early hours. There were various means to silence the alarm after it has accomplished the purpose for which it was intended, and Camo Pollution Control said they would investigate the costs if the Board so directed this action. Mr. Versace discussed these two items and felt the Board should consider them. MR. VERSACE moved to direct Mr. Lapar to check the overflow at 5 Russet Place and report his recommendation to the Board, and further moved to authorize Camo Pollution Control to investigate the cost of installing a silencer on the alarm system and forward this information to the Board. Seconded by Mrs. Mills Motion Unanimously Carried Correspondence had been received by the Board from Mr. Diehl regarding nonperformance by the developer of the Carmel Heights Subdivision on the road and drainage. Mr. Versace questioned the status of this work at this time and if nothing more had been done, what action was going to be taken by the Board. Mr. Adams had received notification that the Letter of Credit had been extended six months by the bank, however, Mr. Versace brought up the fact that the developer was given thirty days to complete the required work and he was more concerned about this phase than the reported extension plus the fact that the extension had to be granted and that was the problem ----why? Mr. Adams would review his file and check this out. When questioned about the Serenity Mission court case by Mr. Versace, Mr. Adams explained that there was a new development on the computation of interest; the attorney had asked the court to fix the date as of the day the Town had declared the bond in default and this motion was granted, however, in his opinion this interest was not calculated correctly and he intended to petition the court to recalculate this amount. He did not expect a decision on the case until March. The last inquiry Mr. Versace had was in regard to the completion of Nancyaleen Drive in the Pondview Subdivision. This road had not been completed, however, the Town had an escrow account from the developer in the event they had to complete the job and Mr. Versace felt that the Town would have to move in that direction if the developer was not making the effort to meet the require- ments. MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Mills and unanimously carried. The Meeting adjourned at 9:25 P.M. Reg. Mtg. 11/9/81 a4fIkrgi Elaine H. Snowden Town Clerk M