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1981-06-08 RGMAGENDA TOWN BOARD TOWN. OF WAPPINGER JUNE 8, 1981 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO THE FLAG 3. ACCEPT MINUTES Reg. May 11, 1981 recesses to May 14, 1981 4. REPORTS OF OFFICERS: Town Justices Blgd./Zoning Rec. of Taxes H. Supt. Hydrant report Annual Town Audit prepared by Pellegrini & Sedore 5. PETITIONS & COMMUNICATIONS a. Betty Higgins re: waive & return penalty paid on W $ S bill b. Paul J. Eckelman, Attny representing DWS re: finalizing water supply for Cranberry Hills Dev. c. A. Roberts, Attny, request for approval of "Letter of Credit" as substitute for cash bond for construction of Storm Drains in Carmel Heights Subd. d. Paul Palmateer request to provide water service to home -40 Montfort Rd e. R.E. Lapar report on informal bids received for 2 water installati-rns on Montfort Rd. -in Serenity Mission Dev. f. "Letter of Credit" for Iafko Associates in connection w/refurbishing Wells #1 - #2 CWW W g. Correspondence from Paggi & Martin,et al re: Redeveloping Wells #1 & #2 CWW h. "Letter of Credit" for Lor -Mare Corp. - Road i. NYSDEC re: Removal of project #C 361259-01-0 from fundable portion of list for 1981 fiscal year. j. Memo from H. Cuatt, Compt. re: Summer help for Sewer & Water Dists, k. Memo from R.E. Lapar re: Old pumps - Oakwood and other Water Dists 1. Memo from R.E. Lapar re: Use of Polyvinyl Chloride pressure pipe m. Correspondence re: Raising Fire Hydrant at 11 Pye Lane n. Memo from H. Gunderud re: Swenson request for Landfilling o. E. Hawksley re: T/W Soil Erosion & Sediment Control Ordinance p. Zoning Board of Appeals recommendation re: T/W Zng. Ord. "Window S_gns° 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Bid for Highway Dump Truck b. Bonding Res. for financing portion of Safer Street & Road Program c. Cent. Hudson re: acceptance of terms & conditions for not using chemical weed killer near Well on C.H. ROW d. Authorize Supervisor to sign Lease Agreement w/Greer Toyota for Bell Site e. Approve Alteration of Adjoining Boundaries of Hughsonville & New Hackensack Fire Districts f. Payment due Kossow & Parlin for Certorari proceedings - Imperial Towers & Imperial Plaza g. Revised pay schedule for Equipment Machine Operator for Rec. Comm. h. Alteration of Election District #17 i. Authorize Supervisor to sign Contract for Leagion Fireworks, Inc. (for Community Day) j. Traffic light/correction of Traffic conditions at Myers Corners/ Middlebush-Rte 9 intersection k. Amendment to Blasting License Ordinance 1. Amendment of Local Law an Dumping m. Mr. Rega rezoning request (Cooper Rd. area) n. John Montfort rezoning request Rte 9 area o. Authorize Eng. to prepare plans & Specs for add'l Well sites-CWW 8. UNFINISHED BUSINESS 9. NEW BUSINESS Karl Houseknecht, Dogwood Hill Rd., re: Drainage problems 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town .of Wappinger was held on June 8, 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 Rudolph Lapar, Engineer to the Town All present then stood for the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of May 11, 1981 and the Recessed Meeting of that date to May 14, 1981, and Special Meeting of May 20, 1981, having previously been sent to the Board, were now placed before them for their consideration. MRS. MILLS moved that the Minutes of the Regular Meeting of May 11, 1981, recessed to May 14, 1981 and the Special Meeting of May 20, 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 Town Justices for the month of May, Receiver of Taxes for April and May, the Highway Superintendent Hydrant Report for My, the Annual Town Audit prepared by Pellegrini and Sedore and the Supervisor/Comptroller Report through March 31, 1981. MR. JOHNSON moved that all reports as stated, be accepted and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried Residents were present from the Bell -Air Lane area where the storm drainage project was in progress and they were concerned Q -- over possible sewer seepage into the storm drainage. Mr. Diehl updated the residents with information he had from Mr. Horton, who had just completed the installation of the large storm pipes off of Spook Hill Road. He informed Mr. Diehl that the area would have to settle and he hoped to have the roads paved by July 4th. Mr. Richard King, Orange Court, asked if there were still sewer problems, or had they been corrected. Mr. Diehl then reported that upon receiving a call from Mrs. Nenni concerning this seepage he contacted Mr. Bernhardt from the Hopewell Junction office of the Dutchess County Department of Health and asked him to check this out; he reported that he found no evidence of sewer seepage and Mr. Diehl asked him to double check---he.has heard nothing since so he assumes there is no problem. Mr. Diehl and r Mr. Cuatt had visited this area and found no sign or odor of seepage and in Mr. Diehl's opinion this would have no affect on the completion of the roads. Mr. Versace then said he had spoken with Mr. Horton who had also received this complaint and had contacted the Health Department to confirm or reject this fact. Tests were taken by this department and up to the afternoon of the meeting, no results had been received. The way he saw the situa- tion, Mr. Horton was waiting for these results before paving the road, but July 4th would be a reasonable date. Mr. Eugene Coppola, 15 Orange Court asked if work is not received from the Health Department, who do they escalate it to. Mr. Versace responded that the Town Board would then step in. Mr. Lapar arrived at the meeting at 8:12 P.M. during this dis- cussion and Mr. Diehl updated him on what had taken place and asked him if there was seepage into the storm drains, what affect would this have on the road. In Mr. Lapar's opinion, the road could be blacktopped, it had nothing to do with the seepage, and the word he had received from Mr. Horton was that the road would be blacktopped by the end of June or thereabouts and he agreed that July 4th was a safe date to set for completion. The residents seemed to be assured that the situation was under control and left the meeting. Wappinger County Legislator Peter White was present and galpe a report on the meeting held that afternoon. A resolution was passed asking the County Executive to rescind her motion to take out the mosquito spraying from the budget. On the gypsy moth problem, there was money available to spray large commercial tracts of land, but not residential land. Mr. White then explained the two types of sprays and their effectiveness on the moth. Due to the fact that the spraying would only cover the large commercial parcels, the money. Legislators voted not to expend the The first communication was a request from Mrs. Betty Higgins, 5 Craig Place, for the Town to waive the penalty on her water and sewer bill due to the fact that the Post Office had not delivered the payment despite the fact that it was mailed on March 17th, 1981. Mr. Johnson noted that this was an established Town Policy and could not be waived because of problems the resident may have. MR. JOHNSON moved that there is of a penalty for bills received Town Policy must be adhered to. Seconded by Mrs. Mills no provision for reimbursement after the due date and the Motion Unanimously Carried The following letter was received: Town of Wappingers Town Board Louis Diehl, Clerk Mill Street Wappingers Falls NY 12590 Jon Holden Adams, ESQ. 35 Market Street Poughkeepsie NY 12601 Janet Halpin 24 Richmond Hill Ave Stamford CT 06904 May 26, 1981 James Cooper 24 Richmond Hill Ave. Stamford CT 06904 Bobbe Brown 24 Richmond Hill Ave. Stamford CT 06904 Gary Tretsch 37 Fair Street Carmil NY 10512 Re: Cranberry Hills Subdivision Dear Ladies/Gentlemen: Please be advised that the law firm of Mangold & Mahar, Esqs are the attorneys of record for DWS, the developer of the proposed Cranberry Hills Subdivision. As you are aware, formalization of subdivision approval relative to same has been held in abeyance pending finalization of approved water supply and/or source. It is my opinion that Administrative Law Judge Irving's decision relative to water supply approval #6775 (DEC Project No. 314-22- 94A71) dated February 19, 1981 mandates that a town district be stab=fished which would be responsible for the supply of water to the aforementioned Cranberry Hills Subdivision. Thus, this letter is written on behalf of my client to serve as a written demand that said district be formed and/or any and all necessary arrangements be made immediately so as to provide the Cranberry Hills Subdivision an approved water supply. Very truly yours, Mangold & Mahar s/ Paul John Eckelman Some discussion followed on why this letter was written since, the Town does have a district and is prepared to purchase water from Atlas Water Company to supply the subdivision when they reach that point. MR. DIEHL moved to receive the letter, place it on file and advise the writer that the Town does have a water district in existence and no further action is necessary by law. Seconded by Mr. Johnson Motion Unanimously Carried. Al Roberts, Attorney, was present to speak on behalf of his clients, developers of the Carmel Heights Subdivision to request approval of a "Letter of Credit" as a substitute for a cash bond for construction of Storm Drains in that subdivision. Mr. Adams had reviewed the proposed Letter of Credit and made some amend- ments which were agreed upon by the principals involved and he was now seeking approval from the Board. He further explained that Mr. Lapar had requested a $15,000.00 cash bond, but the Letter of Credit would save his clients this outlay of money and would work in the same manner, since the Town would be able to collect this money, if the work was not dose in a satisfactory manner, upon presentation of this Letter of Credit to the bank. Mr. Johnson had questions on this new procedure and asked Mr. Adams if the Letter of Credit was a better method than the surety bond and Mr. Adams responded that it was pref- erable. Mr. Versace then discussed it and felt that a cash deposit is a lot easier and more accessible for the Town than a Letter of Credit as somewhere along the line we will have to prove that the work is not completed or not satisfactory; the bank is not going to take our word for it. Mr. Roberts asked to speak again and read from the proposal that upon a written statement from the Supervisor that the particular work has not been substantially completed in the time allotted, and the presentation of the Letter of Credit, the sum specified would be withdrawn and turned over to the Town. Since the Board had not read the proposed Letter of Credit and they did have reservations on making a decision at this time, Mr. Diehl suggested, since the intention was to recess this meeting until June 15th, that they table the matter until the recessed meeting, and in the meantime the Comptroller could check with the bank on all the details, and it could be further discussed and perhaps acted upon at that meeting. A letter was received from Paul Palmateer, 40 Montfort Road, requesting to hook into the water service that is being extended on that road. There already existed a water line on Shale Drive which he could hook up to, which would only be a slightly longer distance from his home to the main than if the line on Montfort Road were to be extended. The water service for the two homes in Serenity Mission being referred to were for house laterals to these two homes, which were partially covered by a bond which the Town has collected for from the bonding company, and had no relationship to the Palmateer home which is not in that subdivision. Mr. Lapar stated in his report on that request, that the main would have to be extended approxi - the mately 120 feet to accommodate Mr. Palmateer and no other customer �I would benefit from such an extension. MR. DIEHL moved to advise Mr. Palmateer to hook into the water system available to him from Shale Drive and if this should prove to be a severe problem, he should contact the Engineer to the Town or the Supervisor. Seconded by Mr. Johnson Motion Unanimously Carried MR. DIEHL moved that the Town Clerk notify Mr. Joseph Fulton, Jr. and Mr. Gene Casa that if they desire to tap into the Town Water District, the Town Board requests that they present a letter to them requesting a hookup to the water system. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Joseph Fulton, Sr. was recognized by the Chair and objected to this action since he felt his son was entitled to this service ---it should have been put in by the developer, now that the Town has collected the bond, it is sibility and no request was necessary. He went that he represents his son in this case (as the their on to Board respon- state well knew) and this was part of the record during the water hearings. Mr. Diehl told him if this was the case, just have his son notify the Town Board of this fact, but in the meantime, just have him send the letter of request for the water service. When questioned on this matter, Mr. Adams's recollection was that this power of attorney was for that particular hearing and not applicable to anything else. A report was received from Mr. Lapar on informal bids for the installation of two house laterals at Serenity Mission, however Mr. Diehl recommended that action be tabled on these bids until the formal requests were received from the parties involved. A request to approve a "Letter of Credit" was received from Lafko Associates, Inc. for the guarantee of completion of the contract on Refurbishing Wells #1 and #2. There were some questions on this document and Mr. Diehl recommended that the Comptroller bedirected to clarify some of these questions Mr. Versace had no about the delay in by the June15, 1981 meeting. objection to this action but was concerned this project; Mr. Diehl agreed that dis- cussion was needed on this matter since there seemed to be problems and that was his intent when he stated that this meeting would be recessed to June 15, 1981. At that time he intended to go into executive session with Mr. Lafko in an effort to resolve the problems that exist. In the meantime the Town is footing the bill for communications and meetings between the inspection engineers and Mr. Lafko. Mr. Martin was present and Mr. Versace recommended that he inform the Board of the status of this project. Mr. Martin then related various telephone calls and communications from Mr. Lafko with problems he felt existed on the wells. He was also requesting a hold harmless in performing certain portions of the project and actually nothing had been resolved and time was being used trying to resolve the problems Mr. Lafko said existed. These problems, Mr. Martin, said, cannot be evaluated until they are actually doing the job. He also added that Mr. Lafko was having kwe a problem with the specifications of the job. Mr. Versace then pointed out, addressing himself to Mr. Lafko, that he bid on the job and was awarded the, contract, and now after a month of no production, he was complaining about the specs. Why didn't he say something sooner, or why did he bid on the job if he didn't agree with the specs. Mr. Lafko merely said the specs were done in a very general way, and as far as getting the job started, that was why he was present tonight, to get approval for his Letter of Credit. After further repetitious discussion, it was agreed to table any further action to the recessed meeting June 15, 1981. A request for approval for a Letter of Credit was received from Mr. Lapar for his Lor -Mare Subdivision, however, Mr. Adams found some deficiencies in the proposal and it was decided to table action on this matter to the recessed meeting of June 15, 1981. A letter was received from the New York State Department of Environmental Conservation advising us that they were removing us from the fundable portion of the State's Municipal Sewage Treatment Works Project Priority List, since the deadline was September 30, 1981 and we had not progressed on this project, namely, Wappinger Sewer Improvement Area #3 (laterals for Tri - Municipal. Mr. Hirkala was recognized by the Chair and felt that if possible, this grant should be used for future use, even if Tri -Municipal does not go through, however, Mr. Johnson pointed out that this was for a feasibility study, and why go through a study if we weren't going to use it. He certainly would have liked to take advantage of it. Mr. Diehl directed this communication be received and placed on file. A memo was received from the Comptroller regarding summer help for sewer and water districts. It has been the practice of the Board in previous summers to hire a teenager or college, student to perform maintenance chores at these plants and Mr. Cuatt felt there was considerable trimming and grass cutting plus extra help for the other chores. A bid had been received for grass cutting at a price of $750.00 to $1,000.00 and he did not feel this was unreasonable; the alternative was hire someone at minimum wage plus mileage cost for the use of a personal vehicle. MR. VERSACE moved that the Supervisor be authorized to hire one person to cut grass and another person to do the other chores such as painting and minor maintenance jobs and both were to be paid the minimum wage. Seconded by Mr. Johnson `\� Motion Unanimously Carried A recommendation was received from Mr. Lapar to remove the old pumps from Oakwood Water and other Water Districts for possible rehabilitation for use elsewhere. MR. JOHNSON moved that the Highway Department be instructed to remove the old pumps from the water districts and have Camo check them to determine if they are in workable condition and report to the Board. Seconded by Mr. Versace Motion Unanimously Carried A report was received from Mr. Lapar dated May 27, 1981 listing the advantages and disadvantages of the use of Polyvinyl Chloride Pressure Pipe in the Central Wappinger Water System, followed by a request from James Klein dated June 4, 1981, to use this pipe on his Fieldstone Farm Subdivision. His engineer, Jack Railing of Richard Barger's office, was present to offer his knowledge of this pipe and also to answer any questions the Board Members had. Mr. Railing had written to Mr. Lapar and attached the Water Main Specifications for the Fieldstone Farm Development; he listed the advantages of this pipe and addressed some concerns brought out by Mr. Lapar. Mr. Johnson went over the disadvantages expressed by Mr. Lapar and the methods to alleviate them. He then made a motion that the PVC pipe be used as an alternate in the Town Specs, subject to the two conditions outlined in Mr. Lapar's letter of May 27, 1981, which was seconded by Mrs. Reilly; however, before it was voted on Mr. Diehl asked for comments from the Board. Mrs. Mills was undecided, and was weighing the pros and cons of the use of this pipe. Mr. Versace had no objection, but felt they should establish a policy concerning the use of this pipe, they should use guidelines for its installation. Mr. Diehl asked Mr. Railing to write his comments to the Board and it would again be dis- cussed at the recessed meeting of June 15, 1981, and Mr. Versace asked that Mr. Lapar follow the same procedure. Mr. Johnson withdrew his motion and Mrs. Reilly withdrew her second to that motion. Correspondence 'as received from Mr. Horton regarding raising the fire hydrant at 11 Pye Lane and a recommendation from him to commence this action which would enable the owner to regrade his property, thus eliminating the surface runoff which now collects. Mr. Johnson commented that the New Hackensack Fire Company had also requested that this be done. MR. JOHNSON moved to authorize Rudolph Lapar to go to informal bids on this project. Seconded by Mr. Diehl -p_ Motion Unanimously Carried Mr. Hans Gunderud wrote to the Board informing them that he did not endorse Carl Swenson's request for a Special Use Permit for land filling since no plan was submitted for his examination; this report had been copied to Mr. Swenson. MR. DIEHL moved to receive this communication and place it on file. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Ed Hawksley, Chairman of the Conservation Advisory Council /0 presented a proposed Ordinance on Soil Erosion and Sediment Control, for the Board's consideration. He said the Council had been considering this for some time in an effort to control the soil when it is disturbed and presented a picture of the Wappinger Lake taken last summer when the water level was very low and it showed soil erosion caused by lack of control. He went on to explain some of the items in the Ordinance, and brought out the fact that the Planning Board would have complete authority to include these conditions for final approval of developments. He felt it would be especially useful in the Cranberry Hills Projects since it was pointed out by Garry Tretsch from DWS, that there would be "cuts" and "fills" and soil erosion. Mr. Diehl felt it should also be implemented at a county level and by all of the upstream municipalities. Mr. Hawksley noted that the County Planning Board did not have the authority to enforce such an ordinance. Mr. Lapar said it is controlled by the state to a certain extent, but this proposed ordinance has increased the state requirements. Mr. Johnson asked if there were any figures available comparing natural soil erosion and that caused by dis- turbing the earth, but as far as Mr. Hawksley knew, these were not available, but he knew it would be a high figure that was the result of development. He again asked the Board to review the Ordinance and consider taking action on it. r A memo was received from the Zoning Board of Appeals stating that they were not in agreement with the proposals made by the Zoning Administrator regarding Section 416.8 of the zoning Ordinance pertaining to "Window Signs", and they submitted their proposed 410 amendments. This matter was discussed at the previous work shop of the Town Board and they could not resolve the difference between the recommended language of the Zoning Board of Appeals and the Zoning Administrator.and set a meeting on June 9th, 1981 with the two parties involved to discuss it. Mr. Johnson recommended that this be tabled until the next regular meeting. Under Committee Reports, Mr. Diehl reported that he wished to discuss the possibility of a mandatory referendum on the Tri - Municipal project. He had discussed this matter with the Attorney d and received the following opinion from him: June 8, 1981 Louis E. Diehl, Supervisor Town of Wappinger Wappingers Falls, New York 12590 Dear Mr. Diehl: You havethis date requested that we prepare for the town a resolution providing for a mandatory referendum at the next general election on the subject of whether or not the town should continue to participate as a member in the Tri -Municipal Commission. As we have indicated to you, under the Laws of the State of New York as they presently exist, referendum may only be lawfully had under very narrow circumstances. Referendums in instances other than those permitted expressly by law are not possible, and the cirsumstances under which referendum are required, either as a mandatory reference or as a permissive referendum are generally limited. With the belief that the board, if such referendum were undertaken, would wish to have one that was legally binding upon subsequent acts of the town, we have in the limited time available to us reviewed the subject of referendum and believe that the best course of action in meeting the foregoing objectives would be to adopt a local law limiting the powers of the town board as they relate to the Tri -Municipal Commission. Under the pro- visions of the General Municipal Law, Section 23, any local law which attempts to circumscribe or otherwise limit the power of elected officials is subject to a mandatory referendum. While thedirect question to be passed upon at such a referendum would be whether or not the board could act on matters relative to the Tri -Municipal Commission, in substance, a vote cast on a local law would be one on the subject of the town's continued partici- pation in Tri -Municipal. Enclosed find a draft of a local law for such purposes. Very truly yours, s/ Jon Holden Adams P.S. An alternative to the proposal would be to increase the majority required for any action on Tri -Municipal from the present three votes to four or five votes. There were comments from the Board, as requested by Mr. Diehl. Mr. Versace asked for an explanation of Section lb which he received from Mr. Adams. Mr. Johnson felt this action was pre- mature since it was based on the formula presented at the public hearings, and he felt the Board should meet with the consultants environmental, legal and engineering people of the Commission, prior to any action on a local law, and discuss the alternatives the Town Board could take, and further, they should meet with the representatives of the involved municipalities to get their 4 input on what they feel the Tri -Municipal Commission and their representatives should do. By acting on the local law at this point, it would take away the Board's power to act on any other alternatives. Mr. Versace wondered why, if there were alterna- tives, weren't they presented to the public at the informational hearings. He had no objection to the local law. Mrs. Reilly felt too, that this action would be premature and until she knew what the alternatives would be, she preferred not to take action on this proposed local law. Mrs. Mills said she would act on the local law, not because she was against Tri -Municipal, but due to WO the presentation of it, she had a lot of unanswered questions and if they came up with plans more economical and something the residents could afford, she would be willing to consider it. The following proposed Local Law was introduced by SUPERVISOR DIEHL: A local law adopted pursuant to the provisions of Municipal Home Rule Law Section 23, subd. 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 sole 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 WO 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 would approve or permit continuation of theTown 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. (b) 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 1 Tri -Municipal Commission. Section 22 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. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 8th day of June, 1981, a proposed Local Law Limiting the Powers of the Town Board As Related to the Tri -Municipal Commission, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 29th day of June, 1981 at 7:30 P.M. EDT on such day at the Wappinger Junior High School, Remsen Avenue, in the Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Mr. Versace Roll Call Vote: 5 Ayes 0 Nays Mrs. Mills reported that permission had been received from the Department of Interior for the Town to use the site at Castle Point as a landfill for clean-up days designated by the Board. They commended the Town for its utilization of this site as a recreation area. She had spoken to Mr. Horton on the possibility of opening this site on the Saturdays of July for the residents to bring their own accumulated items to discard, and Mr. Horton agreed to this plan; her idea was to keep it open all day on Saturday, have someone there to supervise. A town wide pickup could be done in October, at which time the big articles that the residents could not bring on their own, would be picked up at this time. Mrs. Mills also thoughtthe Village of Wappingers Falls should be invited to participate and donate manpower and equipment. A drivers license could be used for ID and proof of residence. Mr. Versace had spoken to Mr. Horton on the same subject several months ago and they were thinking of the months of July and August on Saturdays, and hiring a retired man to supervise, using highway crew and equipment to cover over the debris. MRS. MILLS moved to send a letter to Mr. Horton suggesting that the landfill site at Castle Point be open to the residents of Wappinger during the month of July on Saturdays, and the Village of Wappingers Falls on the Town of Wappinger side, be invited to participate and donate manpower and equipment by sending a letter stating these facts; exclusive of the 4th of July. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays Mrs. Mills then requested that at the next work shop meeting on June 22, 1981, a meeting be set up to discuss water issues, wells and draught conditions with Mr. Lapar and a representative from Camo Pollution Control. Mr. Johnson reported that the Tri -Municipal Commission had sent a letter to the EPA requesting information on individual grants for the Town owned sewer plants, as requested by the Board. A verbal response was received confirming the information already received via the Village of Wappingers Falls, and a communication should be forthcoming. He then asked the Board when they would like to meet to discuss the alternatives available on the Tri - Municipal Project if the present plan was not acceptable and requested that Mr. Lapar, Mr. Jensen, and Mr. Rappleyea be present. The Board set June 22, 1981 at 8:30 P.M. Mr. Leif Jensen, being recognized by the Chair, said he would like to set up a meeting with the representatives of the four municipali- ties involved in the Tri -Municipal Project to discuss the alterna- tives. Mr. Diehl said they would set a date at the June 22nd meeting. A letter was received from McCallum Chevrolet, Inc. regarding the delivery date of the Highway Dump Truck which they had bid on and d which had been requested by the Town Board. They did not give an actual date but said it had been ordered and a "must go" was attached to the office in Tarrytown and also to the regional office. They were low bidder and the only question was whether it would be available this year ----the letter clarified that. MR. JOHNSON moved that McCallum Chevrolet, Inc. be awarded the bid for the Highway One Ton Dual -Wheel Dump Truck in the amount of $12,265.00, and they be so advised. Seconded by Mrs. Reilly Y1( otion Unanimously Carried The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption, seconded by Councilman Versace, to -wit: A RESOLUTION DELEGATING TO THE SUPERVISOR OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, THE POWER TO AUTHORIZE THE ISSUANCE OF AND TO SELL NOT EXCEEDING $57,048 REVENUE ANTICIPATION NOTES OF SAID TOWN IN ANTICIPATION OF THE RECEIPT OF AID DUE SAID TOWN FROM THE STATE OF NEW YORK DURING THE CURRENT FISCAL YEAR OF SAID TOWN UNDER THE SAFER LOCAL ROADS AND STREETS PROGRAM. BE IT RESOLVED, by the Town Board of the Town ofWappinger, Dutchess County, New York, as follows: Section 1. The power to authorize the issuance of and to sell not exceeding $57,048 revenue anticipation notes of the Town of Wappinger, Dutchess County, New York, in antici- pation of the receipt of aid due said Town from the State of New York during the current fiscal year of said Town under the Safer Local Roads and Streets Program, including renewals thereof, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Supervisor in accordance with the Local Finance Law. Section 2. The notes hereby authorized, or any portion thereof, shall not be issued until such Supervisor shall have first filed with the Town Board of said Town a certificate providing for the details of such notes, which certificate shall contain the statements required by Section 30.00 of the Local Finance Law. Section 3. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Diehl Voting Aye Councilman Johnson Voting Aye Councilwoman Mills Voting Aye Councilwoman Reilly Voting Aye Councilman Versace Voting Aye The resolution was thereupon declared duly adopted. )10 An Agreement between Central Hudson and the Town of Wappinger relative to the refraining from application of herbicides within 1,000 feet of the Hilltop Water site, by Central Hudson was placed before the Board for their consideration. One of the conditions placed on this Agreement by Central Hudson was that the Town of Wappinger shall physically or mechanically remove brush from that area. MR. JOHNSON moved that the Highway Superintendent be instructed to keep the said area at the Hilltop Water site cut clean of all brush, as specified by Central Hudson. Seconded by Mr. Versace Motion Unanimously Carried MR. VERSACE moved that the Supervisor be authorized to sign the following Agreement: In receipt of One ($1.00) Dollar, receipt of which is hereby acknowledged, it is agreed by and between the under- signed parties that the Central Hudson Gas & Electric Company shall refrain from and shall not apply any herbicide sprays of any description to any area within one thousand (1,000) feet of the boundary lines of the Hilltop well site of the Central Wappinger Water Improvement Area situated in the Town of Wappinger, said boundary lines being duly shown on a survey map simultaneously delivered to Central Hudson Gas & Electric Company upon execution of this agreement. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Johnson noted that Camo Pollution Control had conducted a test of the water system and detected no trace of herbicides. A proposed lease agreement between the Greer Toyota, Ltd. and the Town of Wappinger was received for the Board to approve. This was for the use of the "Bell Site" and the plot plan which had been requested by them had been submitted to them by Mr. Lapar. MR. VERSACE moved that the Supervisor be authorized to sign the Lease Agreement with Greer Toyota, Ltd. for the use of the "Bell Site". Seconded by Mrs. Reilly Motion Unanimously Carried A resolution approving the alteration of adjoining boundaries of Hughsonville and New Hackensack Fire Districts was placed before the Board for their consideration. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: WHEREAS, a memorandum dated April 11, 1981, has been duly adopted by a majority of the members of the Board of Fire Commissioners of both Hughsonville Fire District and New Hackensack Fire District of the Town of Wappinger, according to law, proposed that the boundaries of Hughsonville Fire District and New Hackensack Fire District of said Town, be altered as follows: All the lands North of Myers Corners Road in the Town of Wappinger, Dutchess County, New York and Easterly of property of now or formerly R. J. Marshall that were previously includible in the Hughsonville Fire District shall become part of the New Hackensack Fire District and the new Westerly boundary of the New Hackensack Fire District North of Myers Corners Road shall be the corporate limits of the Village of Wappingers Falls. As to lands South of Myers Corners Road in the Town of Wappinger, Dutchess County, New York, they shall either be in the Hughsonville Fire District or in the New Hackensack Fire District and the District line between the Hughsonville Fire District generally on the West and Southwest and the New Hackensack Fire District generally on the East and Northeast shall be described as follows: Beginning at apoint on the Northerly side of Myers Corners Road at a point being the Southwesterly line of Sidney R. Berens and the Southeasterly corner of property now or formerly R. J. Marshall and continuing from thence Southerly across Myers Corners Road to Losee Road and thence running along the Northeasterly line of Losee Road, Southeasterly 4220 feet more or less to a point, said point being the intersection of the Northeasterly line of said Losee Road with the Northwesterly line of lands of Sam Deluccia; thence leaving said line and running along the Northwesterly and Northeasterly lines of lands of said Sam Deluccia, the following: Northeasterly 1200 feet more or less to a point and Southeasterly 1520 feet more or less to a point on the Northerly line of Old Hopewell Road; thence leaving said line and crossing said Old Hopewell Road and a continuation thereof along the Northeasterly line of lands of Charles J. Palazzo, Liber 843 page 291, Southeasterly 490 feet more or less to a point; thence leaving said line and running along the Northerly lines of lands of William S. Quimby, Liber 1097, page 363, along the Northerly line of lands of Sergie Dychkwich, Liber 1053 page 109 and Liber 1095 page 837 and along the Northerly line of lands of Patricia Plass, Liber 1317 page 144, Westerly 720 feet more or less to a point; thence leaving said line and running along the Westerly line of lands of said Patricia Plass and along the Westerly line of lands of Donald K. Close, Lib er 864 page 65, Southerly 430 feet more or less to a point; thence leaving said line and running along the North- westerly line of lands of Thomas R. Harder, Liber 1213 page 789, along the Northwesterly line of lands of Issac Rubin, Liber 1109 page 807, along the Northwesterly line of lands of Robert Boris, Liber 1391 page 615, Southwesterly 650 feet more or less to a point; thence leaving said line and running along the North- easterly and Southeasterly lines of lands of Dutchess Co. Liber 1504 page 75 and along the Southeasterly and Southwesterly lines of lands of Kord Co. Liber 1375 page 203, the following: Southeasterly 1320 feet more or less to a point; thence Southwesterly 1100 feet more or less to a point; thence Northwesterly 780 feet more or less to a point; thence leaving said line and running along the Southeasterly line of Katharina Heimburger, Liber 848 page 492, and along the Southeasterly line of lands of Anna Muntzenberger, Southwesterly 1900 feet more or less to a point; thence leaving said line and running along the easterly and southerly line of lands of Anna Muntzenberger, 1( Liber 1208 page 177, along the Westerly line of lands of Paul Hellinger, Liber 1318, page 180 and along the Northerly line of lands of Bernard Kebler, Liber 672 page 639, the following: Southerly 337 feet more or less to a point, Westerly 180 feet more or less to a point; Southerly 500 feet more or less to a point; thence Westerly 130 feet more or less to a point on the Northeasterly line of Route No. 9; thence leaving said line and running along the Northeasterly line of said Route No. 9, Southeasterly 100 feet more or less to a point, said point being the intersection of theNortheasterly line of said Route No. 9 with the Northerly line of Smithtown Road; thence leaving said line and running along the Northerly, Northeasterly, North- westerly, Northerly, Easterly and Northeasterly linesof said Smithtown Road, Easterly and Southeasterly 8020 feet more or less to a point on the Town Line between the Town of Wappinger on the North and the Townof Fishkill on the South, and WHEREAS, said boards of fire commissioners duly adopted on the llth and 14th days of April, 1981, a resolution providing that said boards of fire commissioners shall jointly meet at the New Hackensack Fire House, on Myers Corners Rd., New York, on the llth day of May, 1981, at 8:00 P.M., to consider said memorandum and hear all persons interested in the manner of the alteration of boundaries of such Fire Districts, and notice of such hearing was duly published and posted as prescribed by law, and said boards of fire commissioners have, at the time and place specified in said notice, duly met and considered the matter of such alteration of boundaries, and heard all persons interested in the subject thereof who appeared at such time and place, concerning the same, and WHEREAS, the said boards of fire commissioners have considered said memorandum and all the evidence submitted at such hearing, and WHEREAS, the boards of fire commissioners'cf the Hughsonville Fire'District and the New Hackensack Fire District of the Town of Wappinger in a joint resolution dated May 11, 1981, determined as follows: (1) That all of the property and property owners within the Hughsonville Fire District and the New Hackensack Fire District of the Town of Wappinger are benefited by the proposed boundary change. (2) That all the property and property owners within the area of the proposed boundary change are benefited thereby. (3) That it is in the public interest to grant the boundary changes as set forth in said memorandum, and WHEREAS, in said resolution dated May 11,1981, the boards of fire commissioners of the Hughsonville Fire District and the New Hackensack Fire District of the Town of Wappinger, did jointly approve the boundary line changes hereinabove set forth, and WHEREAS, the aforesaid memorandum of proposed change of boundaries dated April 11, 1981, and the joint resolution dated Mayll, 1981, were duly filed withthe TownClerk and Assessor of the Town of Wappinger on May 20, 1981. NOW, THEREFORE, BE IT RESOLVED, that the Town Board. of the Town of Wappinger, hereby approves the proposed change of boundaries of the Hughsonville Fire District and the New Hackensack Fire District of the Town of Wappinger, as herein- above set forth. Seconded by: Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays A claim for payment of legal fees had been presented by the law firm of Kassow and Parlin for Tax Certorari proceedings commenced some years back and recently finalized. This item had not been provided for in the current budget and the Board felt perhaps there were monies that could be used from the contingency accounts, at least one half and the balance could be paid next year. MR. JOHNSON moved that the Comptroller search the 1981 Budget contingency accounts for monies to pay at least one half of the bill presented by Kassow and Parlin, with the remaining balance to be paid from the 1982 budget. Seconded by Mrs. Reilly Motion Unanimously Carried A memo was received from Mr. Diehl regarding a revised pay schedule for Equipment Machine Operators for the Recreation Commission, and the recommended increase would be to $4.50 per hour. Mr. Johnson explained that Mr. Maurer, Chairman of the Commission had discussed this with them at a previous work shop session and was having difficulty keeping people who could operate this equipment on a minimum wage pay, and he asked the Board to consider increasing the pay for those who were in that category. MR. JOHNSON moved that the pay scale be up to $4.50 per hour for machine operators employed by the Recreation Commission. Seconded by Mrs. Reilly Motion Unanimously Carried A request had been received at the May meeting, from Peter White to change a portion of Election District #19 and relocate it in District #17. This had been tabled to the June meeting in order that the Attorney could obtain a map outlining the boundaries and prepare a resolution for consideration by the Board. This was now placed before the Board. The following resolution was offered by Mr. Versace and seconded by Mr. Johnson: BE IT RESOLVED that the election district no. 17 and election district no. 19 situated within the Town of Wappinger are modified by deleting the following portion of property from election district no. 17 within the Town of Wappinger and adding said parcel to election district no. 19 within the Town of Wappinger: All that piece and parcel of land beginning at a point formed by the intersection of the eastern side of All Angels Hill Road in the northern side of Old Hopewell Road and thence running northerly along All Angels Hill Road along the easterly side of said road 1,035 feet to a point and thence easterly along the Town of East Fishkill line 1,860 to a point formed by the intersection with Sprout Creek; thence along the westerly side of Sprout Creek until that creek intersects with Old Hopewell Road; thence westerly along the northerly side of Old Hopewell Road 1,000 feet more or less to the point or place of beginning. BE IT FURTHER RESOLVED that the change in said election districts shall become effective immediately. Bill Egan was recognized by the Chair before there was a vote on this resolution, and expressed his opinion that the Chairmen of both parties should have been notified of this proposed change, and'it could also affect the proposed reapportion plan in the Dutchess County Legislature. Mrs. Ballard was also recognized by the Chair and objected to this change of districts as it affected her. She had presented a petition with 75 signatures to the Dutchess County L'gislature, with no favorable response, and she resented the fact that a County Legislator was petitioning for this change and the Board, it seemed, was going to approve it; she did not think it should be allowed. Mr. White then had his rebuttal. Mr. Versace asked the Town Clerk to read the resolution again, which she did. He then asked Mr. White if he wanted the change as stated in that resolution and pointed outthat the resolution did not correctly state the intent; it was reversed, and should have read "election district no. 19" instead of 17, and vica versa. Mr. Versace then rescinded his motion, and Mr. Johnson rescinded his second. Mr. Versace felt it should be tabled, however the other members felt it should be changed to read properly and then voted on. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: BE IT RESOLVED that the election district no. 17 and election district no. 19 situated within the Town of Wappinger are modified by deleting the following portion of property from election district no. 19 within the Town of Wappinger and adding said parcel to election district no. 17 within the Town of C;"4 Wappinger: ALL that piece and parcel of land beginning at a point formed by the intersection of the eastern side of All Angels Hill Road in the northern side of Old Hopewell Road and thence northerly along All Angels Hill Road along the easterly side of said road 1,035 feet to a point and thence easterly along the Town of East Fishkill line 1,860 to a point formed by the intersection with Sprout Creekjthence along the westerly side of Sprout Creek until that creek intersects with Old Hopewell Road; thence westerly along the northerly side of Old Hopewell Road 1,000 feet more or less to the point or place of beginning. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes Mr. Versace ---Nay A contract was received from the Legion Fireworks Company for a designated amount and type of fireworks to be used for Community Day, and now placed before the Board for their approval. MR. JOHNSON moved that the Supervisor be authorized to sign the contract between the Legion Fireworks Company and the Town of Wappinger for the fireworks on Community Day. Seconded by Mrs. Mills Motion Unanimously Carried A memo was received from Mr. Diehl reporting on his meeting with Mr. Horton and Mr. Fitzpatrick of the New York State Department of Transportation, regarding the left arrow turn on Route 9 and Myers Corners Road and Middlebush Road which the Board had previously requested. They had met at the site and Mr. Fitzpatrick was "steadfast in his position that north and south arrow for traffic would create additional and more serious problems, not resolve or expedite a safe movement" and suggested that the Board contact Al Dixon of that department and advise him that the situation can be corrected only by major improved and/or corrected rebuilding of Route 9. Mr. Fitzpatrick said he would contact him also, and apprise him of the situation. MR. JOHNSON moved that we contact Mr. Al Dixon of the New York State Department of Transportaion, advise him of what has transpired and request that these necessary construction improve- ments be considered by that department. Seconded by Mrs. Reilly Motion Unanimously Carried A Public Hearing having been held by the Town Board of the Town of Wappinger on June 8, 1981, on an Amendment to the Blasting Ordinance, the matter was now placed before them for their consideration. MR. JOHNSON moved to adopt the following Ordinance: BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: Section 1. Section 5 of "An Ordinance Regulating Blasting and the use of Explosives in Blasting Operations" adopted by the Town Board of the Town of Wappinger on August 12, 1968 is amended by deleting the provisions thereof in its entirety and by substituting in place thereof the follow- ing: Section 5. Blaster's License (a) A blaster's license shall be issued by the Town Clerk of the Town of Wappinger upon application on forms prescribed by her, and upon payment of a fee of FIFTY ($50.00) DOLLARS providing the applicant shall have complied with the require- ments as provided for under the Labor Law and under the Codes, Rules and Regulations and all other state statutes and regula- tions as well as all local laws and ordinances and shall, in addition, have furnished evidence in the form of a certificate of insurance issued by an insurance company authorized to do business in the State of New York, in form acceptable to the Attorney to the Town guaranteeing that the applicant has in full force and effect at the time of the making of such applica- tion a policy of public liability insurance including a specific endorsement covering any and all liabilities arising from blast- ing operations. The said policy and certificate shall provide for bodily injury coverage in limits of not less than Five Hundred Thousand to One Million Dollars ($500,000/$1,000,000 and for property damage coverage in limits of not less than Two Hundred Fifty Thousand ($250,000) Dollars and shall further provide that the Town of Wappinger, Dutchess County, New York, will be held harmless from any and all claims, actions and pro- ceedings, which may be brought against it by any person, firm or corporation for injury to person or damage to property resulting from or occasioned by such blasting operations. Such policy shall contain the further provision that it shall not be cancelled, terminated, modified or changed by the insurance company issuing it unless at least ten days prior written notice of such cancellation, termination, modification or change is sent to the Town Clerk by registered mail. The policy shall further provide that the presence of the Town Engineer or any consulting engineer responsible for specific town projects or their representatives on the site of the opera- tion shall not affect the obligation of the insurer under its said policy. No blaster's license shall be valid unless such insurance coverage shall remain in full force and effect. (b) All applications shall be made at least ten days before the date of blasting activities. Each blasting permit application shall be accompanied by a certification from the zoning administrator and/or building inspector that the applicant or the owner of the land where the blasting activity shall take place has obtained all necessary permits or that zoning or building permits are not necessary. All applications shall fully describe the notice of the activity for which the blasting is being undertaken and shall identify the name, address and tele- phone number of the person who has authorized the blasting activity, and contain written authorization by the landowner for such activity. ihr (c) The blaster's license shall be valid only for one day at the location specified on the permit, its issuance providing that the applicant shall comply with the require- ments contained in this ordinance, with the Labor Law and with the said Codes, Rules and Regulations. Separate applica- tion must be made for renewal or extension, and a fee of $10.00 shall accompany each application for renewal or extension. Extension or renewal for a date fifteen or more days beyond the first permit date shall not be permitted. Section 2. This ordinance shall take effect immediately upon adoption and publication as provided by law. Seconded by: Mrs. Reilly Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board of the Town of Wappinger on June 8, 1981, on a proposed Local Law Amending Local Law No. 1 of 1977 (Regulating Dumping), the matter was now placed before them for their consideration. MR. JOHNSON moved to adopt Local Law #5 of 1981 as follows: A Local Law amending Local Law No. 1 of 1977. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: One: Section 3.5 is amended by deleting the provisions thereof in their entirety and by substituting the following in its place: The use of any lands within the Town of Wappinger as a dump or dumping grounds, storage, or disposal facility for any refuse, garbage, waste paper, rags, scrps of any kind or description or any discarded material commonly called junk or trash or of any description where such items originate from within the State of New York but outside the Town of Wappinger as well as the bringing into the Town of Wappinger of such items of waste or garbage which originate from within the State of New York but outside the Town of Wappinger is prohibited. Two: This local law shall become effective upon filing with the Secretary of State. Seconded by: Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays Mr. Diehl then discussed the next item which was the Rega Rezoning request in the Cooper Road area which they had been holding back for several months waiting for information on another rezoning in the same area which had not been received. Mr. Diehl felt that Mr. Rega had been patient long enough and the Board should act on setting the date for a public hearing. The next item was also a rezoning request from John Montfort in the Route 9 area involving the Green Fly Swamp, and Mr. Diehl wanted to include this too when setting the date for the public hearings. Mr. Versace had spoken to Mr. Montfort who was waiting for correspondence from the D.E.C. approving the plan since being a wetland it was under their control; he felt they should wait for this. Mr. John Lawrence, who was involved in the plan, was present and said they had thirty days to respond and as soon as this communication was received, he would forward it to the Town Board. The matter was tabled until the next work shop session for further discussion. A resolution authorizing the Engineer to prepare plans and specs for additional well sites for the Central Wappinger Water Improvement Area was placed before the Board for their considera- tion, however, the Board referred this to their next work shop session for further discussion. A memo from the Town Clerk requesting the Town Board to set a firm policy on a time frame for agenda correspondence was placed before the Board last month and had been discussed by the Board. MR. JOHNSON moved that the Policy for Agenda Correspondence be set as follows: all outside correspondence of a new nature be received the Monday before the Town Board meeting; all internal correspondence to be received by the Wednesday before the meeting; correspondence from the Attorney, or other matters that the Board has been waiting for, or any matter that is urgent, can be brought up under new business, at the pleasure of the Town Board. Seconded by Mrs. Reilly Motion Unanimously Carried The following letter was received: June 5, 1981 Town of Wappinger, Supervisor's Office Mill Street Wappingers Falls, New York 12590 Mr. Diehl: Once again I am writing. Tonight I sat on my front porch and watched children scatter as a car came over the intersection of Chelsea Road and Liberty Street taking full advantage of the present 55 mph speed limit. One year will have soon past since I attended the Board Meeting along with the petition showing the signatures of the residents of our hamlet who felt something had to be done and soon. At that meeting I was assured that you felt I would be pleased with the outcome of your investigation of the problem and that within about a 2 month period the speed limit would be lowered and signs installed. Of course you are aware that none of this has taken place and summer is again upon us. With the influx of cars from the boat club, etc. I honestly feel that nothing will be done unless it's forced by a terrible accident ending with unnecessary injury to one of our children or worse. God help the Town, State or Highway Dept. if this happens. I hope that whoever is sitting with this file collecting dust on their desk could live with them- selves. Would it be possible as a taxpayer to receive copies of any correspondence dealing with this subject? Also could I please have the address of William Horton, Supt. of Highway who you refer to in your letter to me dated Feb. 19th, 1981. Is there anything else that can be done to expedite the installation of signs? s/Susan Banks Mr. Diehl explained that this matter had been taken care of about a year ago, or so he thought ---a resolution had been sent to the proper agencies to lower the speed limit in Chelsea --- nothing has been heard since; he suggested that a second request to the county and state be sent. MR. DIEHL moved that the Town Clerk contact the New York State Department of Transportation and ask that they expedite their findings in this matter and advise Mrs. Banks of this action. Seconded by Mr. Johnson -1/1k-v Motion Unanimously Carried A drainage complaint was received from Karl Houseknecht from Dogwood Hill Road; this had been inspected by the Highway Depart- ment and a recommendation from them to report it to the Town Board. Mr. Johnson said he had inspected the area and it seems to be a natural erosion at the end of the drain pipe at a very steep grade in a wooded area. Mr. Johnson had no immediate solution to offer, but felt Mr. Lapar should check out the area and report to the Board. A letter had been received from the Recreation Commission requesting consideration by the Board of two buildings, which would include toilet facilities and water, for Rockingham and Castle Point; this had been submitted at budget time, but never was included in the budget, and the Recreation Commission was now looking for funding for the project. Mr. Diehl suggested that they meet with Mr. Maurer to discuss the Recreation budget and determine if it was included in the 1981 budget or perhaps elsewhere in the 1981 budget. Mr. Versace pointed out that the Parkland Trust Fund had an amount of $41,000.00 in it and thought this could be used for that purpose. Mrs. Milts insisted that the amount had been allocated and should be included in the budget and she would like to check this out. MR. VERSACE moved that the Recreation Commission be authorized to go to bid for construction of two buildings, one at Rockingham, and one at Castle Point; and further moved that Mr. Maurer be invited to attend the meeting on June 15, 1981 for further discussion of this matter. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Johnson asked that a letter be directed to the Recreation Commission requesting their Capital Project Plan that they had been working on, so it could be included in the overall plan the Board was working on. Mr. Versace then reported that he had attended the May meeting of the Recreation Commission and had discussed the priority work they might want done by the developers of the Conservation Density development which was being considered by the Board. He asked the members of the Commission to prepare a list of the priority work they felt was needed and submit it to the Town Board. Mr. Johnson and Mrs. Mills had been working on a project to reduce our insurance premiums on vehicles by increasing the deductibles. They spoke to Mr. Horton and he agreed to increase these deductibles to $100.00 on the older trucks and remove the collision on those vehicles 1955 and older. 1 MR. JOHNSON moved that Mr. Horton meet with the insurance carrier to prepare information on the changes in deductibles and collision premiums on designated vehicles for submission to the Town Board at the next meeting, and further moved that the monies saved on this project be put into a separate account for purchase of future vehicles, when the amount is accumulated for such purchase. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Johnson then discussed the water hearings that had been held some time ago and the fact that none of the decisions made by the judge had been finalized and he felt this has left the Town in an awkward position. He felt the attorney should be authorised to prepare an Article 78 proceeding against the D.E.C. in the matter of WSA Applications ##6775 and #7005. Mr. Versace felt this matter should be discussed further at a work shop session before taking such an action. Mr. Adams reminded them that the statute of limitations to commence such a proceeding was nearing to an end; Mr. Versace then requested a five minute recess to go into an executive session. MR. JOHNSON moved that the Board recess for executive session. Seconded by Mr. Diehl Motion Unanimously Carried The Board recessed at 11:23 P.M. The meeting resumed at 11:29 P.M. and all Board Members were present. MR. JOHNSON moved to authorize the Attorney to prepare an Article 78 proceeding against the Department of Environmental Conservation in the matter of WSA Application #6775 and #7005. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes Mr. Versace ---Nay\/ Mr. Versace then spoke on correspondence received from Mr. Adams indicating that Mr. Lafko was withdrawing his application for a Special Use Permit for the water storage tank. He asked that the Town Clerk direct a letter to Mr. Lafko requesting that he inform the Town Board if he intends to withdraw this application. He then put this request into the form of a motion. MR. VERSACE moved that the Town Clerk send a letter to Mr. Lafko requesting that he inform the Town Board if he intends to withdraw his application for a Special Use Permit for a water storage tank. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Versace then asked Mr. Adams the status of the road bond in the Serenity Mission Development. Mr. Adams responded that sometime ago they had this case placed on the court calendar and had asked for a preference and are now waiting for an agreed date; as of now they have no decision. Bill Egan, Chairman of the Democratic County Committee, was recognized by the Chair and presented a petition objecting to redistricting county legislative districts #9 into district #17. MR. JOHNSON moved that the meeting be recessed to June 15, 1981 at 7:00 P.M., seconded by Mrs. Mills and unanimously carried. The meeting recessed at 11:30 P.M. 0,A)-te_CZ(-"t'L Elaine H. Snowden Town Clerk Reg. Mtg. 6/8/81 • TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING A PROPOSED LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 1977, REGULATING DUMPING. ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 27, 1981, your deponent posted a' copy of the attached notice of Public Hearing on a Proposed Local Law Amending Local Law No. 1 of 1977, Regulating Dumping, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, -in the Village of Wappingers Falls, Dutchess County, New York. Sworn to before me this day of .� C�.,r~�. 1981. Notar ,, Public VIRGIt10 HERNANCEZ, JR. Notary Pub!rc of kart Nosidins in 11 N Ctarthiset.n expires 6isteh 30, Elaine H. Snowden Town Clerk Town of Wappinger E W. and S. D. NEWS DISPLAY ADVERTISING +" • CLASSIFIED ADVERTISING 914.297.3723 84 EAST MAIN STREET • WAPPINGERS FALLS NOTICE q M REf( ONEi thbeep duly presented- andere b ►i t Town Bwedof ;Toon ofWnpPl..o�I`� ` New•York.on 1/t1�,19816.a 'posed Looat aaw.Al. ssrading Local No. tat ErnifiapulatineDuta9fir!f follow$ w" Irl" 1"`.n sue rte, BE fLENACVED'b�t` tiiii int • of the Town of Wa riper as follows: "- One:- Section 3.S- Is amended:Art deletirq the provisions thereof In thel entirety and by substiWtltq,?he fa Ind int ,r - u.l sat- 4wlthffk Thi iuss:of any; • town ofWaooh! eras' e. perdu ppir�y yrounde.%starapratar: dlSD�` laolllty for any.refwe, QMb.Os. wutw ImPw . , scraps w•any.ifnd;or ia coe�monly! tion.or girt d trash,ar--ot. any' description- where such Atoms, originate from within the Slate of k.York but.outsida the Town of Wappe w Inger asakwthe brMglf�tt t: Tay.n-0f Waooinger of:sud' items:ofr:. • waste or yarbips which originalstran • within the State -of New York but out., side the Town�ot (Napping:t Mite:Lt.:•' • • NaThis boat hair shat fectvs.upa!rllnti with alts Secretary;_ Of stats;� NOTICE ut PUOM4 Y31VENv1hat:' the Town Board of the Town of Inger will ccndaforesaid�a ,j SCHeariLocw �,.: _the Town Nall, M` t8 Street, Wappingers` Falls, New York on tMBthday of J 1961 at 7:56 P.M..EDT Olt date ata ED which time alt pwttS• int restedWllL . beheard:::._, y.. _ a.. NOTICE'S FURTHER- OMVE &that =eoplee of the - aforesaid ° ProPoes% be available for. ex --"s aamminatlon and IInspection at the oma' - of the Town Clerk al the Town of Wap- pinger in tl$ Town Na8-bstween-the Wap - gloom: of 636 A.M. and 4OG P.M.aE.DT on ail business days between the date, • of this notice and:tile dat. * the-: public hearing.. Detect May 14, SNE Pt.. Sown SNOWC EN •`, Toon of,WePPlnlga AFFIDAVIT OF PUBLICATION State of New York. ' County of Micheal. Town of Wappinger. Beet .3s.QS.tgTa of the Tgwn of Wappinger. Duteheu County. New York. being duly sworn. says that be is. and it the several .. tines bereinafter was. tom?- i L x.:$Jllb..1.i.Skeir W. da S.D. NEWS. a newspaper printed and published every Thursday in the year to the Town of Wappinga. -Dumbest County. New York. and that the annexed NOTICE was duly published in the said newspaper for one . week succeuivelyQX1CA....in each week. comErning on the...47.t ..day of May 39..:•`and on the following dates thereafter. namely on and ending on the.. .7trl..day of... A1.4Y 1e1 both days inclusive. -2-035-"-Z Subscribed and swan to before me thin 2 7th • day of MRY 1g8.1. Notary Public Wy commtuion expires ALBERT M. CSTEN NOTARY FUCLIC, S. IA F. CF NEW YORK QUAL:HU, IN EuTCIL Z COUNTY #14-8240760 COMMISSION EXPIRES MARCH 30, 18.; A Public Hearing was held by the Town Board of the Town of Wappinger on June 8th, 1981, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Amendment to the Blasting Ordinance of the Town of Wappinger. Supervisor Diehl opened the Hearing at 7:53 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Supervisor Diehl asked for comments from the public. There were no comments from the public. MR. JOHNSON moved to close the Public Hearing, seconded by Mrs. Mills and unanimously carried. The Hearing closed at 7:58 P.M. Elaine H. Snowden Town Clerk DUTCHESS COUNTY: NEW YORK Ij IN THE MATTER AFFIDAVIT OF OF POSTING AN ORDINANCE AMENDING THE BLASTING ORDINANCE OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 27, 1981, your deponent posted a copy of the attached notice of Public Hearing on An Ordinance Amending the Blasting Ordinance of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. Sworn to before me this day of -4- 1981. ( n Lt xo 1J )IA,66JAA.. Elaine H. Snowden Town Clerk Town of Wappinger Nota Public Cat-S0-- VIRGIUO HERPU.NDEZ, JR. of rY YuYlia ct t...w York Stott ReaixnI to Uki r County Cnwmltulte esolrt3 Month 30. t W. and S. D. NEWS DISPLAY ADVERTISING • CLASSIFIED ADVERTISING 914.297.3723 84 EAST MAIN STREET • WAPPINGERS FALLS PLEASE' T NONCE that theefig, peny�each°apptlelttlon=fps rsnswat toHow ng Amendment -to the Blasting.:.: -_.:extension.. t Ica ornpawat.for Orolnnaan�cce of the:Town'of Wapps n�. date fifteen o. moia'days beyond^_._ L. of Wspas adopted �pltnhoesr%sun Borard.ofRsg t . ? . ,,,,%'1,.1-,,r,4,-!-' qK p Meeting held YJ ns 8, tfl6k.: -- -,t?: .. . gectlon?l; ThhpsslaNtes olnancfa The toUawinp -.Ordinance .was. of,:.;..,efect Immediately upon adOptloa.and fared by Councilman- ,Johnson•. who -r., publication as provided by-I/w.' ' G moved its adoption.. '- ,.' 3Seecc bbyrCoundfMromanMf:. • BE IT ORDAINED byth.TownBoard •• Roll CaliVot�5AyaONun.^=-. of the Town of Wappinger as follows:....;.;. -,,,,---'":,-.,-,,,+.1', .:..a: Section 1. Section 5" of AN OA. : `.,,.' 1 ELAINt 1SNOWSEN, '-Town w DINANCE REGULATING BLASTING -.:..Clerk of the Town of: Wappinger-do. ,. •'•: • AND THE USE OF- EXPLOSIVE3IN hereby certify: that the• foregoing Or3:,,: BLASTINGOPERATIONS" adopted by.%; dlnanor+wae- duly adopted at :a'= ' the Town Buoparud of the Town of Wa p.}. • .Regular Meeting of tin Town Board or* ' byInger on deleting the pstlroovisio ; 1968 let mac{ 1951, at -which t i the Town of- Wappingquorum Wu held onJunea hout and P therIts eof the a fool tRuting;_ ' that tae and one u- norticipated t been- In any- . Section 5. Masters Ucsns �" M�aannnnarar rescinded orannuiled and that, : (a) A bWteee,,lloeme .aha ZhssamsdaM8tlnforce and effect ans:N Issued by the Town Clerk of theTree), is duly wastedlitparnlnutes of sale.° ` - of Wappinger. upon 'appilcatlon•bq. msetlnq -L'-- .= .,;'- . F.,. forms prescribed by ',her, and 'upon' 1N WITNESS: WNEREOF. `1 have -- hereuntoset my:Mndand the seat of ;' DOU.ARS providing, ;the appllcan -.., ; the said Town of Wappinger Malta shall have compllad".with • the ' -.--- day -of June; t9&1;.: -. -:=.L quirements as provided for under the a.• ; ; Dated: June h;19Bt ! ", ''..' -Labor Law and under the Codes, Rules'; Date of Publkatlon June 10th, -1911t14, • and Regulations and, ail. other state, ":':-- _.: -.- .•-- .- Baine14.rowdeir-r statutes and regulations a well as alb _ '" flki,9 -.Town Clerk local laws and ordinances and -sheik: rz:,` :r aRWidiffrrOolu In addition, have furnished evidence in,:o = - the form of a certificate of insurance Issued' by an?insurance comppaanp authorizwf to do business in the State, . of New York; In form acceptable to the .: effect- t t ttorney he ot Ow Town� f�aktn ander` efieeE•at tin• Mir -making-0i- such application- a pocky of public •-'.. liability Insuraftce Including aspsdflc4 • endorsement 'covering.: any and•aldr. liabilities wising frsaid om blasting opera. ;• , shall provide for bodily Inn and lereaag : *' In IimAsof u otistathan,Flw Hundred •''': Thousand to ;Ars :Million. Dollars. 10.000f$1,O00,000j.and for property,' n coverage M limits of not !see- n Two Hundred - Fifty - Thousand ,-.. 000 Dollars and. shall further•,' ire that the Town of Wapptngsr, . tehas County„ New York; will bei, held harmless from any and all clalme,;:: actions and proceedings which may', be brought against it by...any person, firm dammcapee corporation fol Injury ty to person .• or occuiornM such blasting operart Vona. Such: shall contain the,: further provisipr t it shall not Mr.. cancelled, terminated, modified or changed b)rthe Insurance company Is suing it unless at least ten days prior r.: written' notice o' -such cancellation, - termination, modification or change is sent to the Town Clerk by registered . . mall. The policy shall-furfMr provide•: that the presence - of the, Town- -. Engineer or any consulting engineer - responsible for ssppeeccific town projects. . or their representatives on the site of." ; the operation shall not affect the obligation of the Insurer under its said policy. NO blasters license shall be valid unless such Insurance coverage shall remain in hill fora and effect - . (b) All applications shall be made at least ten days before the dab ort blasting activities. Each blasting per. mit application shall be accompanied by a certification from the zoning ad- . ministra1or ander building inspector that the applicant et fin owner of the land where the bleating activity shall take place has all necessary* mite are not nermits or that om. It appp{leng es tions shall fully describe the notice of the actWity for which the blasting le being underaken and shall Identify the name, address and telephone number of the person who has authorized the • blasting, activity, and contain written authorization by the landowner for Ft- ch activity. • The blasters license shill be ' location • on the permit, y t Mselumina* - i ng that the applicant shat! nun. I AFFIDAVIT OP PUBLICATION 5 State of New York. County of Dutcbess. • • Town of Wapptnger. • Beatrice Osten of the Tpwn of Wappinger. Dutchess County. New York. being duly sworn. says thAt he�if. end a!t the seyetal... times hereinafter was, the o C 1 or -P 11s err W. dz S.D. NEWS. a newspaper printed and published . every Thursday in the year to the Town of Wappingcs. •Dutchess County. New York. and that the annexed NIOTICE was duly published in the said newspaper for one week successively...011CA .in each week. Commencing on the...3r P.trtl.. day of J711i1�. • • • 19$a5 and on the following dates therekfternamely on and ending on the 10th day of....51 195a both days inclusive. Subscribed and sworn to before me tbis..359.41.1 day of Juan 191.81 My commission expires Notary Public ALBERT M. NOTARY r cuc. ST^'_ �: NI'.Y YORK Q'-'',L.f'E, CU'+TY . . 14-1.c-: 7 J COMMISSION EXPIRES 16:,id::H 30, 19:?�'