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1981-07-13 RGMt. AGENDA WAN BOARD TOWN OF WAPPINGER JULY 13, 1981 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES - Reg. June 8, 1981 Recessed June 15, 1981. 4. REPORTS OF OFFICERS Bldg/Zoning, May & June Town Justices Judge Bulgers Annual Report Hydrant report from H. Supt. Receiver of Taxes SuplCompt. thru May 5. PETITIONS & COMMUNICATIONS a. Barbara & Richard Wiest rezoning request b. R.E. Lapar report on Houseknecht drainage problem c. .'John Lawrence re: Montfort rezoning request d. Michael Morris rezoning request e. Request to attend conferences: William Bulger and Thomas Logan f. Town of East Fishkill; receipt of E.I.S. for Town Land Dev. Plan ;g.. Planning Board Correspondence re: Wilder Subdivision on Myers Corneri i"h4. -Planning Board Correspondence re: Fieldstone Farms Subdivision- establishment of a Park District i.. Joshua Grauer., representing DWS re: didication of the Road in Moccasin Hill Subdivision j. Jos. Ennesser, Rec. Director, re: vandalism & partial use of Barn at Martz for DCS sub -station • H. Gunderud re: Brescia - Special Use Permit - Land filling ▪ Paul Palmateer request for extention of Water main on Montfort Rd.g.63- . R.E. Lapar report re: elimination of sand in CWW Hilltop system" . Town Attorney information on Delegation to Zoning Officer of right to institute actions to enforce Zoning Ordinance o. Camo Pollution Control, B. Caccio, re: proposal for testing raw water at Tall Trees system p. H. Cuatt report re: Wilkinsen reimbursement in regard to water leak ▪ Article 78 served on Town Clerk from WVC Realty Corp. & DWS NY Holdings, Inc. 6. REPORTS 7. RESOLUTIONS a. Local Law regarding Tri Municipal b. Wm. Crane re: Certiorari, White Gates - Consent Order c. Appointment of Conservation Advisory Council d. Otto Klassen request for release of Road Maintenance Bond, E. Salem e. Appointment of members to Bureau of Fire Prevention Board f. Town of Wappinger Soil Erosion & Sediment Control Ordinance g. Consider Legal Action against Arnold Phelps h. Empower Engineer to prepare plans & Specs for testing & development of additional Wellsites for CWW i. Introduce rezoning for Cooper Road Area 8. UNFINISHED BUSINESS a. Jas. Klein request of use of polyvinyl Chloride Pressure Pipe b. Refurbishing Hilltop Wells #1 &#2 Contract c. "Window Signs" amendment to Zoning Ordinance d. J.H. Adams re: Blooming Grove - offer to submit cash for trees 9. NEW BUSINESS Rec c 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on July 13, 1981, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:10 P.I. 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 Rudolph Lapar, Engineer to the Town At Supervisor Diehl's request, the public stood and said the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of June 8, 1981 and the Recessed Meeting of June15, 1981, having previously been sent to the Town Board, were now placed before them for their considera- tion. MRS. MILLS moved that the Minutes of June 8, 1981 and June 15, 1981, be and they are hereby approved as submitted by the Town Clerk. . Seconded by Mrs. Reilly Motion Unanimously Carried Reports were received from the Building Inspector/Zoning Adminis- trator for the months of May and June, the Town Justices for June, Hydrant Report from the Highway Superintendent, Receiver of Taxes for June, Judge Bulgers Annual Report and the Supervisor/Comptroller Report through May 31, 1981. MR. JOHNSON moved that the above Reports be accepted and placed on file. Seconded by Mr. Diehl Motion Unanimously Carried A request was received from Richard and Barbara Wiest for rezoning their premises at the intersection of Route 376 and All Angels Hill Road. Mr. Johnson informed the Board that this matter was on the agenda for the Zoning Board of Appeals for reappeal and therefore recommended that this be tabled. Mr. Versace asked that the agenda be interrupted to alloy residents from Robinson Lane to speak on road conditions in that area; they had contacted him previous to the meeting and asked if they could present a petition to reduce the speed limit. Mr. Wallace Post represented the residents and presented a petition asked for a lower speed limit and also asked that "Slow Children" signs be installed. It was the opinion of the Board that this type of sign was not legal, however, they agreed to refer this to the Highway Superintendent for his determination. MR. VERSACE moved that the request for the lower speed limit be forwarded to the State and County for their study and 'subsequent action on a 30 MPH speed limit. Seconded by Mr. Johnson Motion Unanimously Carried MRS. MILLS moved to request Mr. Horton to determine if there are legal signs that can be installed pertaining to children at play in the area and report his findings to the Board. Seconded by Mr. Johnson Motion Unanimously Carried A report was received from Mr. Lapar on the drainage complaint of Mr. & Mrs. Karl Houseknecht, 6 Dogwood Hill Road, which had been referred to him at the previous meeting. Mr. Lapar stated that the water could be piped down to High View Road at a sub- stantial cost; an alternate would be to eliminate this discharge and deposit all waters on Myers Corners Road. If the latter course was followed, the legality of this proeedure would have to be checked with the County. MR. JOHNSON moved that Mr. Horton be authorized to divert the water as stated in Mr.Lapar's letter, on Myers Corners Road and he should check with the County to see if any legal problems would exist in following this procedure. Seconded by Mrs. Millis Motion Unanimously Carried 3 The following Ordinance was introduced by SUPERVISOR DIEHL who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance to the authority conferred by the laws of the State of New York, as follows: Section 1. The Town of Wappinger Zoning Ordinance and Map adopted March 10,1981,and as amended from time to time, hereby further amendsthe Zoning Map by rezoning the following described parcel of land from "R-80" (Residential Zones) to "HB -2A" (Highway Business -2 Acres), said tract of land being on the West side of Route 9, consisting of 10+ acres, and more particularly described as follows: Tax Map #19-6156-02-710921 - John Montfort Deed Recorded (al Liber 1353 Page 965 Bounded on the East by Route 9; South by Greenfly Assoc.; West by Sage, Shaw, Nussbickel, Utter, D'Agostino' North by Ship's Wheel, Inc., Section 2. This amendment shall becomeeffective upon adoption, and as prescribed by Town Law. MR. DIEHL moved to set a Public Hearing on the Ordinance Amending the Zoning Map of the Town of Wappinger on July 28, 1981 at 7:00 P.M. EDT, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Seconded by Mrs. Reilly Motion Unanimously Carried The following Ordinance was introduced by SUPERVISOR DIEHL, who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance to the authority conferred 'by the laws of the State of New York, as follows: Section 1. The Town of Wappinger Zoning Ordinance and Map adopted March 10, 1981, and as amended fromtime to time, hereby further amends the Zoning Map by rezoning the following described parcels of land from their existing zoning classifica- tion to R-40, said parcels described as follows: 19-6156-02-800721 Burgazzoli 19-6156-02-814731 Scianna 19-6156-02-827737 Wyant 19-6156-02-832749 Krutina 19-6156-02-813758 Goetz 19-6156-02-796768 Maset 19-6156-02-811790 Maset 19-6156-026.-825772 --- Maset 19-6156-02-830781 Eglemac Co. 19-6156-02-852766 Tibbetts 19-6156-02-861783 Tibbetts 19-6156-02-837794 Tibbetts 19-6156-02-822808 Salerno 19-6156-02-863832 Dunckley 19-6156-02-876898 Fritz 19-6156-02-895862 Henstebeck 19-6156-02-899878 --- Henstebeck 19-6156-02-903902 19-6156-02-913976 19-6156-02-928963 19-6156-02-891936 19-6156-02-930942 19-6156-02-939915 19-6156-02-949899 19-6156-02-984923 19-6156-02-989897 19-6156-02-967926 19-6156-02-989946 19-6156-02-986957 19-6265-01-005926 19-6156-02-965962 19-6156-02-984968 19-6156-02-954985 19-6157-04-945013 19-6156-02-973857 Bauer Langiulli Langiulli Drewes Morley Lilly Rega Rega Alvarez Greenland Greenland Jackson Jackson Rogers Eurell Holt & Bilyou Hupe Ferrerro Section 2. This amendment shall become effective upon adoption, and as prescribed by Town Law. MR. DIEHL moved to set a Public Hearing on the Ordinance Amending the Zoning Map of the Town of Wappinger on July 28, 1981 at 7:30 P.M. EDT, at the Town Hall, Mill Street, Wappingers York. Seconded by Mr. Johnson Falls, New Motion Unanimously Carried Mr. Versace asked Mr. Adams if an EIS would be required for these rezonings and Mr. Adams replied that this could be determined after the public hearings. He suggested that a person be designa- ted to do an evaluation on the Cooper Road rezoning to determine if an EIS was needed, but felt that the Montfort Road rezoning would not require such a study. MR. DIEHL moved that Mr. Gunderud be designated to make an evaluation and recommendation on the Rezoning of the Cooper Road Area, under the SEQRA Act, and report his determination on the EIS to the Town Board, prior to the Public Hearing. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Michael Morris was present and requested, on his own behalf, consideration by the Board of a rezoning of three acres of land on the southeast corner of Myers Corners and Kent Roads from R-20 to R -MF -3. His intent was to put up a professional building for that area, however, at this point, he had no plans for the building, nor was he sure that he would be the builder. Mr. Versace suggested that at the time he determines exactly what type of structure would be put in that location and who would be constructing it, Mr. Morris should notify the Town Board and they could first discuss it at a work shop session before any action was taken. The Board agreed to this suggestion and the matter was tabled for further action when the applicant was ready to submit plans. Mr. Incoronato was recognized by the Chair and commented that the Board was again entertaining rezoning in a piece meal fashion; Mr. Johnson pointed out the fact that these rezonings had been received a while ago and were held in abeyance during the adoption of the new Zoning Ordinance and the applicants were informed that they would be addressed at a later date. The plan in front of the Planning Board was not a rezoning request, but rather the rebuild- ing of a structure for leasing to IBM, which had been brought before that Board previously. The Wappinger Plaza rezoning he spoke of was not a new concept since it had been zoned for a shopping center previously but the applicant had withdrawn his plans for one reason or another. He therefore objected to Mr. Incoronato's comments and said there was no basis for them. Two requests were received from Town Officials to attend confer- ences ---one from Mr. Bulger, Town Justice, to attend the annual conference at St. Lawrence University from July 19 through July 25, 1981; the second from Mr. Logan, to attend the New York State Assessors Conference at Cornell University from August 2 through August 7, 1981. MR. JOHNSON moved that permission be granted to the two Town Officials to attend their respective conferences and the Town Policy should be observed. Seconded by Mrs. Reilly )/P/ Motion Unanimously Carried A notice of the EIS for the East Fishkill Master Plan was received from that Town which is the procedure prescribed by Town Law. MR. JOHNSON moved to receive this notice and place it on file. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from the Planning Board regarding the proposed Wilder Subdivision on Myers Corners Road and their recommendation on the traffic light required by the Dutchess County Department of Public Works for that area. They felt the Town should not be burdened with the responsibility of main- tenance of this light. Mrs. Mills was of the same opinion and suggested that the developer install and maintain the light. Mr. Adams informed the Board that at an intersection of a Town Road and a County Road, under the law, the Town is responsible for its maintenance. MR. VERSACE moved that a letter be sent to the Planning Board asking that they require the developer to use another access road other than Myers Corners Road. Seconded by Mrs. Mills otion Unanimously Carried A second letter from the Planning Board referred to the Fieldstone Farm Conservation Subdivision -Establishment of a Park District, and asked for a decision from the Town Board on the implementation of such a district for this subdivision. Mr. Johnson noted that the formation for a Park District was set up for the Hunt Country Estates and this policy should be followed. Mr. Versace felt that a definite policy had not been set up; they had only discussed it, and asked Mr. Adams for his opinion. Mr. Adams recommended that this type of district should be done on a case by case basis, but first they should discuss it and implement a clearly stated definition of such a district and then variations could be made for the individual case. Jay Rubenstein, member of the Planning Board, was recognized by the Chair, and told the Board they needed some type of guidance in this matter since they were having problems with regulations. What type of responsibility would the home owner have, and also the Town's role in it. It needed discussion with both Boards. MR. DIEHL moved that the Town Board meet with the Planning Board on July 20, 1981, at 7:00 P.M., prior to the Planning Board regular meeting, to discuss Park Districts. Seconded by Mrs. Mills Motion Unanimously Carried A communication was received from Joshua Grauer, Attorney representing DWS Canada Holdings, Ltd., Moccasin HillSubdivision, regarding the proposed dedication of the roads in that subdivision. He was seeking assurance from the Town Board, that upon all appropriate legal documentation necessary for the acceptance of the roads, the Town would, in fact, accept them as Town Roads. MR. JOHNSON moved that the Attorney to the Town be authorized tb/ to respond to Mr. Grauer, that if all regulations and procedures of the various departments of the Town are followed by his client 11110 the roads would be accepted by the Town. Seconded by Mrs. Mills kw Motion Unanimously Carried A letter was received from Joseph Ennesser, Director of Recreation, regarding vandalism and partial use of the barn on Montfort Road for a Dutchess County Sheriff sub -station. The Town Board had been invited to attend a previous Recreation Commission meeting which, due to a previous commitment, they could not attend, to discuss this matter and other items, therefore, Mr. Johnson suggested that the Commission Members and Mr. Ennesser be invited to attend the next work shop session. MR. JOHNSON moved to send a letter to the Recreation Commission and the Director, requesting that they be present at the work shop session of the Town Board on July 27, 1981 at 7:00 P.M. at Town Hall, for the purpose of discussing Mr. Ennesser's recommendation and also the capital project items they were contemplating and the funding of same. Seconded by Mr. Versace Motion Unanimously Carried Mr. Gunderud wrote to the Board concerning a Special Use Permit for Mr. Brescia for filling a lot on New Hackensack Road. Mr. Gunderud explained that verbal clearance had been given by him, prior to the adoption of the new Zoning Ordinance. The last paragraph of the letter read as follows: "Recently, however, a large quantity of fill has been placed and I felt an application for a permit was called for. Since this use started prior to the new Zoning Ordinance regulations, I suggested to Mr. Brescia that the plan and specifications he submitted may not have to conform to all the new requirements, but be more of a "record" for future development of the parcel". MR. JOHNSON moved to received the letter and place it on file. Seconded by Mrs. Reilly Motion Unanimously Carried A second letter was received from Paul Palmateer, 40 Montfort Road, who had previously requested an extension of a water main on Montfort Road, and had been told to tie into the Shale Drive water connection. He explained that he planned to subdivide into two lots and felt that as a taxpayer, he was entitled to a water hookup in front of his home. Mr. Lapar recommended that the Town provide a water connection to 40 Montfort Road since this lot was existing at the time of the original formation of Central Wappinger Water Improvement Area, and further, if the land is subdivided, that the responsibility of bringing water to any new parcel be the responsibility of the subdivider, be it for 1 lot or 50 lots, as this has been the Town Policy. MRS. MILLS moved that Mr. Palmateer's request to extend the water main on Montfort Road to service his home be granted, according to the recommendations stated in Mr. Lapar's letter•of July 8, 1981. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Versace then mentioned that if this request was granted, then the two previous homes who wanted to tie into the water system in the Serenity Mission, should also be granted permission to do so. Mr. Lapar saw this in a different light, maintaining that the two homes Mr. Versace spoke of were in a subdivision and the connection should have been supplied by the developer. However, Mr. Diehl, while agreeing with both opinions, said the water connections would be made when the applicants requested it in writing, as Mr. Palmateer did. The following report was received from Mr. Lapar: June 25, 1981 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Elimination of sand in the Central Wappinger Water Imp. Hilltop System Dear Board Members: At the June 22, 1981 work session of the Town Board, my office was requested to submit a series of proposals to eliminate the sand problem at the well source. The methods available to clean the existing water mains was explained to the Board and other interested parties on June 3, 1980 by Aqualine Environmental Services, Inc. It should be noted, that even complete elimination of the sand problem at the wells would not eliminate the sand in the watermains. In order to eliminate the sand in the wells, the following steps are recommended. 1. On June 25, 1981 my office requested that Larry Whitten (Camp Pollution Control) take various samples to determine just which wells are causing sand to enter into the system. 2. Since the original wells in Central Wappinger Water Imp. - Hilltop Section were in corrosive water, it is probable that the original slots were enlarged by the corrosive water causing the well to produce sand. It should be noted that the enlargement of theopenings of a few thousandths of an inch could cause this condition. It is, therefore, recommended that a new, smaller screen be telescoped into the existing screen where this condi- tion exists. It is estimated that this will eliminate the sand problem at a cost of approximately $5,000/well. An alternate to the above, would be the pulling of the well screen. The danger herein is that if the screen is badly damaged, then the whole well could collapse and the well may have to be abandoned. Cost of new well $30,000+. . Under Water Supply Application #7005 the CWWI was intend- ing to put up a Control Building and Chlorine Contact Tank. These elements are mandated by the State of New York. The Chlorine Contact Tank, because of its design, would act as a settling tank and storage area for the sand coming from the wells. In other words, although Step (2) is recommended, the chlorine contact tank would be added protection. I believe this answers the questions raised and because of costs, the filtering of the sand has not been mentioned. Very truly yours, s/ Rudolph E. Lapar Engineer to Central Wappinger Water Imp. Some discussion followed among the Board Members and Mr. Lapar, however, Mr. Johnson suggested that they discuss it further under Item 8b of the Agenda which was to consider rebidding the contract on the Refurbishment of Wells #1 and #2 at the Hilltop Water Site. 10 Mr. Diehl then recognized Lois Gray, Wappinger County Legislator who had just arrived at this meeting after the completion of the County meeting. She had introduced a resolution at that meeting requesting the County to provide $10,000 to the Town of Wappinger to continue the watch at the site on Route 9 where the toxic wastes were being stores and reported on this action. The Legislature adopted this resolution and it would go into effect when and if the County Executive signed the resolution. She further reported on their discussion of the resolution and informed the Board that it had to be amended to cover only future payments for the watch, it could not be used to reimburse the Town for the monies already expended. She knew it would not pass the Legislature if left in its original wording. Another item she brought to their attention was a proposed bill by Senator Rolison which would reimburse the towns for removal of chemical wastes which was referred to as a "mini -fund" and was sponsored by both the Democrats and Republicans; it was not finally adopted at this time, but she was confident that it would be. Mr. Versace interrupted at this point to comment that the Town has had this problem for three months and all they have received from the County or the State is letters of support and sympathy ---no action. He didn't feel that Ms. Gray, or any other County Legislator should be blowing their own horn now that they finally came through with some money for the Town. Where have they been all this time? The wastes are still here ---the Town wants to get rid of it; they have been footing the bill long enough and need more than sympathy. Mr. Jay Rubenstein was recognized by the Chair and stated that Lois had been on this subject six weeks ago; she was on the radio and released articles to the newspapers. Mr. Versace was not picking on her, but the County Legislators and County and State Officials as a whole, and felt very strongly that they should have been on the scene sooner since it involved more than the Town of Wappinger. Mrs. Mills then thanked Mr. Diehl and said he should be commended for the way he had handled the whole situation of the toxic wastes stored at the Mancini property. 1) L A letter was received from the Attorney regarding the delegation to the Zoning Officer the right to initiate actions to enErce Zoning Laws, which he said could be done by a blanket resolution by the Town Board authorizing the zoning officer to commence actions rather than requiring individual resolutions authorizing such actions. MR. JOHNSON moved to receive this communication and place it on file. Seconded by Mrs. Mills ki,,+ 'Motion Unanimously Carried Two proposals were received from Camo Pollution Control for testing the water at Tall Trees. Mrs. Mills reported that the Town Board met in work shop session, with Mr. Tremper of Camo and Mr. Lapar and discussed a cost estimate of sampling the Tall Trees water supply which was being presented tonight. Mrs. Mills felt it would be beneficial and not expensive and recommended that it be done. MRS. MILLS moved that Camo Pollution Control be authorized to conduct the water tests at Tall Trees at a total cost of $477.00. Seconded by Mr. Diehl Motion Unanimously Carried A memo was received from the Comptroller recommending that the sum of $180.00 be reimbursed to the Wilkinsons at 13 Boxwood Close for expenses incurred for the repair of a water leak. Mr. Cuatt determined that this had occunmd on Town property and therefore was their responsibility, and not that of the home- owner's. MRS. MILLS moved that the Town reimburse the Wilkinsons the amount of $180.00 which had been expended by them for a water leak on Town property. Seconded by Mrs. Reilly Motion Unanimously Carried An Article 78 was served on the Town Clerk from WVC Realty Corp. and one from DWS Holdings, Inc. MR. DIEHL moved that these matters be referred to Mr. Allan E. Rappleyea, to appear and defend on behalf of the Town of Wappinger. Seconded by Mrs. Reilly Motion Unanimously Carried Under Committee Reports, Mr's. Mills reported that the Landfill Project which had started on the first Saturday of July had g<e very well; there was lots of business, the residents seemed to be pleased; there was no debris on the road or all over the area; no outsiders tried to go in, and it was covered very well. MRS. MILLS moved to contact Mr. Gunderud regarding the dumpster in front of the Cross Court Tennis Club and ask the owner to remove it from that location and place it in the back of the property. Seconded by Mr. Diehl Motion Unanimously Carried A Public Hearing having been held by the Town Board on June 29, 1981, on a proposed Local Law Curtailing the Power of the Town Board in Relation to the Tri -Municipal Project, the matter was now placed before them for their consideration. MR. DIEHL moved to adopt the following Local Law: A local law adopted pursuant to the provisions of Municipal Home Rule Law Section 23, Subdivision 2 (f) to curtail or abolish the power of each member of the legislative body of the town. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: WHEREAS each member of the town legislative body (Town Board) of the Town of Wappinger possesses and enjoys at the present time the unrestrained right to vote upon any proposition requiring its approval in the manner each member individually in their wole discretion deems appropriate, and WHEREAS the purpose of this local law is to abolish or limit such power as it relates to the issues affecting the continuing participation of the Town of Wappinger as a member of the Tri -Municipal Commission, and WHEREAS the abolition of curtailing of the power of each individual member of the town board with respect to the same is subject to a mandatory referendum, NOW THEREFORE, BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Each and every member of the Town Board of the Town of Wappinger shall, upon the effective date of this local law, be prohibited from casting a favorable vote or a vote which 3 would approve or permit continuation of the Town of Wappinger as a member of the Tri -Municipal Commission, or to do or undertake any act which would cause the introduction before the town board in its legislative capacity of any resolution, local law, ordin- ance or other matter requiring a vote thereon if the subject matter thereof relates to any act to further the objectives or purposes or activities of the Tri -Municipal Commission. There shall be exempted from the provisions of this local law any motion, resolution, local law, ordinance or other matter which would cause the withdrawal of the Town of Wappinger from membership and participation in the Tri -Municipal Commission or to undertake any other matters necessary to wind up and to terminate and conclude its participation as a member of the Tri -Municipal Commission. Section 2. This local law shall be subject to a mandatory referendum and shall be submitted for approval of the electors at the next general election of the town, and the proposition to be placed before the electors at said general election shall be stated as follows: SHOULD LOCAL LAW NO. OF 1981 WHICH PROHIBITS INDIVIDUAL TOWN BOARD MEMBERS FROM GRANTING APPROVAL TO FURTHER PARTICIPATION OF THE TOWN IN TRI -MUNICIPAL BE APPROVED? Approval of such proposition shall result in the adoption of said local law; failure to receive a majority of said proposition shall result in a defeat of said proposition. Seconded by: Mr. Versace Roll Call Vote: Supervisor Diehl Aye Councilman Johnson Nay Councilwoman Mills Aye Councilwoman Reilly Nay Councilman Versace Aye Local Law Adopted Before the vote was taken there was discussion with the Board Members. Mr. Johnson disagreed with the wording of the law and felt it had serious flaws in it; it was not just a rejection of the plan presented to the public at a hearing on June 4, 1981, it was a rejection of the whole Tri -Municipal project. He preferred to table this particular law, have the attorney present a new one with the proper wording and then present the referendum to the public. Mr. Versace felt it would have to be clarified for the public ---vote yes for a no vote on Tri Municipal and vica versa; the public would have to be informed. Mrs. Mills suggested changing the wording of the local law, however, this could not be done without another public hearing; she felt the people should be given the chance to vote on it and agreed they would have to be informed how to vote. A Roll Call Vote was then taken. The next item was a proposed Consent Order from Attorney William Crane, Attorney with Rosen Crane and Wolfson on Whitegate Associates (Tax Certiorari). The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: BE IT RESOLVED, that Rosen Crane and Wolfson is hereby directed to execute a Consent Judgement settling the Whitegate Associates against the Town of Wappinger tax certiorari, a copy of which is attached hereto and made part hereof, and that Rosen Crane and Wolfson is authorized and directed to settle the above captioned proceeding pursuant to the terms of said judgment. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays A letter was received from the Conservation Advisory Council recommending reappointment of two members and also submitting three new members for appointment. The following resolution was offered by COUNCILMAN VERSACE, who moved its adoption: RESOLVED, that Edward Hawksley and Gerald Webb be and they are hereby appointed to fill the vacancies on the Conservation Advisory Council of the Town of Wappinger, which has occurred by reason of the expiration of their terms, and Oscar Scherer, Edna Winters and Carmilla Wygan be appointed as new members of the Conservation Advisory Councilof the Town of Wappinger, and it is further RESOLVED, that the aforesaid persons are hereby appointed to the said Conservation Advisory Council for a term which shall expire July 1, 1983. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays MR. VERSACE moved that upon the recommendation of the members of the Conservation Advisory Council, Edward Hawksley be appointed as Chairman of that Council. Seconded by Mr. Johnson 1A JL� Motion Unanimously Carried Mr. Otto Klassen of Klassen Builders, Inc. had requested the release of his Road Maintenance Bond for East Salem Road and the Highway Superintendent had recommended favorably on this request. MR. DIEHL moved that upon the recommendation of Mr. Horton, the Road Maintenance Bond on East Salem Road be released to Mr. Klassen. Seconded by Mrs. Mills Motion Unanimously Carried The following resolution was introduced by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger did adopt a Local Law to provide the basic method for administration and enforcement of the New York State Fire Prevention Code in the Town of Wappinger on May 11, 1981, and WHEREAS, said Local Law thereby designated a Bureau of Fire Prevention to administer and enforce the State Fire Prevention Code within the Town of Wappinger, and WHEREAS, said Bureau of Fire Prevention shall consist of seven (7) members, the Town of Wappinger Building Inspector, and two members, active firefighters, representing each Fire District in the Town of Wappinger, designated by their respective 110 District Board of Fire Commissioners, and approved by the Town of Wappinger Town Board, and WHEREAS, the term of office of each Fire District member shall be two (2) years, excepting that one member of each Fire District appointed in 1981 shall be for an initial term of one (1) year, and WHEREAS, the Boards of Fire Commissioners from the Chelsea Fire District, Hughsonville Fire District and New Hackensack Fire District have each respectively forwarded their designations for the Bureau to the Town Board of the Town of Wappinger for approval, NOW, THEREFORE, BE IT RESOLVED, that the following members be appointed to serve for one year, with the term to expire July, 1982: William Powles (Chelsea) Raymond Bruning (Hughsonville) Stephen Porter (New Hackensack) AND BE IT FURTHER RESOLVED, that the following members be appointed to serve for two years, with the term to expire July, 1983: James Tompkins Robert Cacio George Budd Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays (Chelsea) (Hughsonville) (New Hackensack) (110 An Ordinance on Soil Erosion and Sediment Control had been submitted by the Conservation Advisory Council at a previous meeting and tabled to the July meeting and was now placed before the Board for their consideration. Mr. Johnson felt this Ordinance needed more discussion between the Board and the Council. MR. JOHNSON moved to invite the Conservation Advisory Council to the Town Board work session on July 27, 1981 at 7:30 P.M. to discuss the Soil Erosion Ordinance. Seconded by Mrs. Reilly Motion Unanimously Carried /6 The next item was the consideration of legal action against Arnold Phelps, owner of the chemicals that had been transported and stored at the Mancini property. Mr. Diehl had written to the Board asking that they consider this matter, however, Mr. Adams said at this time separate action was not need by the Town Board. MR. JOHNSON moved that the letter be tabled for possible future action. Seconded by Mrs. Mills Motion Unanimously Carried A resolution empowering the Engineer to prepare plans and specs for testing and development of additional wellsites for Central Wappinger Water Improvement Area was then placed before the Board for their consideration. Mr. Johnson felt they should wait until they acquire the property necessary to do this project and noted that information had been received from an appraiser on the property in question. MR. JOHNSON moved that the Attorney use the information from the appraiser and make a final offer to John Vorndran for this property, and if this is not successful, Mr. Vorndran should be invited to attend the July 27, 1981 workshop at 8:00 P.M. to discuss any other alternatives he may have. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes Mr. Versace ---Nay MR. JOHNSON moved to table the resolution on the additional well - sites at the Central Wappinger Water Improvement Area to a future meeting. Seconded by Mrs. Mills Motion Unanimously Carried Mr. James Klein wrote to the Board agreeing to extend the guarantee on the Polyvinyl Chloride Pressure Pipe to three years, if the Town Board consented to its use in the Fieldstone Farm Subdivision. Mr. Diehl reported that the Board was not yet ready to consider this request. MR. JOHNSON moved that the request of Mr. Klein's to use this pipe in his subdivision be denied at this time, at the recommendation of the Engineer, although at some future time, they could consider the request. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from Mr. Fred Lafko withdrawing his bid on the Refurbishing of Hilltop Wells #1 and #2 Contract and Mr. Diehl asked the Board what action they wished to take at this time. MR. JOHNSON moved that the Engineer be authorized to rebid this contract, along with TVing the screen in an effort to solve the sand problem, and the bid opening be set sometime after Labor Day. Seconded by Mrs. Mills Motion Unanimously Carried The Amendment to the Zoning Ordinance on Window Signs was still being considered by the Board and further discussion was needed between them, the Zoning Board of Appeals and Mr. Gunderud. MR. JOHNSON moved that the Zoning Board of Appeals and Mr. Gunderud be invited to attend the work shop session on July 27, 1981 at 8:30 P.M. to discuss this amendment. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Adams wrote to the Board regarding dedication of a road in that subdivision which was not acted on due to the fact that one of the conditions had not been fulfilled, namely the promise by the developer to plant two trees per lot. The developer was now offering money for the Town to purchase and plant the trees. Mr. Diehl asked the Board what action they wished to take and the consensus of opinion was that the Town "is not in the tree business". MRS. MILLS moved that a letter be sent to the Attorney for Blooming Grove Associates informing them that the trees for each building lot must be planted by them as the Town of Wappinger does not get involved in tree planting. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from the Recreation Commission with a recommendation on awarding an informal bid for the resurfacing of the tennis courts. Mr. Johnson commented that this amount was in excess of the amount allowed for informal bids ($8,960.00). Mr. Lapar had sent out these bids and claimed that the aggregate was that amount, but the job could be done in sections as was indicated in the specs. Mr. Johnson disagreed with this theory. MR. JOHNSON moved that formal bids be advertised for the resurfacing of the Tennis Courts by the Recreation Commission, together with the Engineer to the Town. Seconded by Mr. Versace Motion Unanimously Carried Mr. Versace asked Mr. Adams the status of the Serenity Mission Maintenance Bond and he responded that he was still waiting for word from the court for a date. Mr. Versace reported that he had been working with the Comptrollers Office on the implementation of a credit union for the Town employees. A meeting had been held with the representative from the credit union and personnel from the Highway Department and other offices and they had indicated they were interested in participating in such a union, although it would not be manda- tory for all employees to participate. The initial cost for the Town to implement it would be about $100.00 fbr computer costs; the employee would pay an initial fee of $5.00 to open their account. MR. VERSACE moved that the Comptroller be authorized to prepare the necessary resolution for Town participation in the credit union, to be considered by the Town Board. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Johnson brought up a request received at the last meeting from Mr. Mangold for the formation of a water district to serve DWS Holdings (Cranberry Development). We did respond that a water district had been formed. As a result of the water hearings, Atlas Water Company was given the franchise to serve this area, and the Town Board has never formally requested Atlas Water to bring plans and specifications to pipe the water to the connection, Ihire MRS. MILLS moved to adjourn the meeting, seconded by Mr. tie Johnson and unanimously carried. for this district. MR. JOHNSON moved that the Attorney be directed to write to Atlas Water Company, registered mail, return receipt requested, asking that they provide the Town with the necessary plans and specifications for the Cranberry Development to connect to their water system. Seconded by Mrs. Mills Motion Unanimously Carried The meeting adjourned at 10:28 P.M. Reg. Mtg. 7/13/81 raw Elaine H. Snowden Town Clerk