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1981-04-13 RGMn li AGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 13, 1981 294 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. March 9, 1981 Special March 26, 1981 4. REPORTS OF OFFICERS: Town Justices Bldg/zoning Receiver of Taxes, Feb. & March Sup/Compt. thru Jan. Hydrant Report 5. PETITIONS & COMMUNICATIONS a. A. Roberts, Attny representing Hunt Country Est. Re: Cluster. Development b. CLY Realty Corp. re: rezoning request for 40A on Smithtown Rd. back to R-40 c. Michael Morris requests Zoning change from R-20 to R MF 3 on Myers Corners Rd. Parcel d. Myers Corners Development Corp. request Local Law for Traffic Control in Wappingers Plaza e. Sup. Diehl request Traffic light to be activated on Rte 9 at Walbaum entrance f. H. Gunderud recommendation of new Town Fire Code g. F. J. Lafko letter re: 45 day period for job commencement on refurbishing CWW Wells #1 & #2 h. Cot►firmation of Engineer for CWW Well refurbishing Project. i. Memo from H. Cuatt, Compt., re: Sick Leave Pay j. Notice of Public Hearing from Dutchess County of LaGrange Agriculture District. k. Wm. Horton, H. Supt., request to re -bid for dump truck 1. Application for Hawking & Peddling License from Laird Beloof m. R. J. Gunthert re: CATV Special Channel Costs n. Zoning Board re: reconsideration of Free -Standing Sign Regulations in Zoning Ordinance o. H. Gunderud re: Sect. 416.8 of Zoning Ord. re: Signs on Windows H. Gunderud requests permission to attend Bldg. Officials school April 27th thru 29th in Rochester, N.Y. Letters from: Jas. Klein, Jos. E. Ludewig, Marvin Novick and R.E. Lapar re: moratorium on Bldg. in CWW Area r. Jas. Spratt, Comm., letter to M. Mignogne, re: Warning Signs Ketchamtown Rd. s. Sup. Diehl Memo re: Jos. Poilluccis request for financial aid for New Hamberg R.R. Station t. Comments requested by Planning Bd. re: updated Subdivision Regs. u. Speed limit petition for Eck Rd. P• q. 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Co. of Dutchess/Twn. Wapp. Care -a -van agreement - approve and., authorize Sup. to sign b. Recreation Bids for Football equipment c. Zoning Amendments - Baizely, Guarino, etc. d. Bids for Sludge & Chemicals e. Authorize Engineer to prepare Plans & Report for Well #2 in Tall Trees f. Vacancy on Zoning Board of Appeals - Prager resignation g. M. Schmalz term expires May 1st - Recreation Commission h. Mid Point Sewer Plant - Authorize agreement of intent to comply Agenda 4/13/81 2. rie 8. UNFINISHED BUSINESS a. H. Cuatt memo re: Heimbach, Orange Co. Ex. request to join Hudson Valley Ecgnomic Development District. b. All Angels Hill d. - Notification from NYSDOT of speed limit reduction; letter from L. Pattison, Co. Ex., re; stripping and intersection obstructions - w/ Attnys comments; and Jas. Spratt letter. 9. NEW BUSINESS 10. ADJOURNMENT 1 295 The Regular Meeting of the Town Board of the Town of Wappinger was held on April 13, 1981, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:04 P.M. Present: 1 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, all stood and said the Pledge of Allegiance to the Flag. The Minutes of the Regular Meeting of March 9, 1981 and the Special Meeting of March 26, 1981, having previously been sent to the Town Board, were now placed before them for their consideration. COUNCILWOMAN REILLY moved that the Minutes of the'Regular Meeting of March 9, 1981 and the Special Meeting of March 26, 1981, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Diehl Motion Unanimously Carried Reports were received for the month of March from the Town Justices, Building Inspector/Zoning Administrator, for the months of February and March from the Receiver of Taxes, the Supervisor/ Comptroller report through January 31, 1981 and the Hydrant Report from Mr. Horton. MR. JOHNSON moved that the reports be accepte&and.piaced on file. Seconded by Mrs. Mills Motion Unanimously Carried An application had been received by the Town Clerk from Mid- Hudson Auto Wreckers for a renewal of a Salvage License, which Mrs. Snowden had referred to Mr. Gunderud. He responded that there were some problems that were being resolved and recommended that the Town Board authorize the issuance of a temporary six month license. MR. VERSACE moved that the Town Clerk be authorized to issue a temporary six month Salvage License to Mid -Hudson Auto Wreckers. Seconded by Mr. Johnson MotionUnanimouslyCarried Mr. Albert Robert, Attorney representing Mr. Marvin Novick, President of Hunt Country Estates, Inc., was present to speak on behalf of his client in the matter of an application for a cluster development of this property. Mr. Roberts requested that the Town Board act on a formal referral of this application to the Planning Board pursuant to 281 of the Town Law authorizing a cluster development. Mr. Johnson commented that they had discussed this application at several work shop sessions and determined that this would come under a Conservation District, due to the open spaces involved. MR. JOHNSON moved that this application be referred to the Planning Board specifying that the Conservation District be made part of it, and further moved that the Planning Board refer this matter back to the Town Board for their comments, after the Planning ..Board has held a public hearing, but prior to their final approval. Seconded by Mrs. Mills Mr. Versace mentioned that they had discussed the possibility of the developer working on a recreation plan formulated by the Recreation Commission in lieu of the fee of $500.00 per lot, and asked Mr. Roberts if this would be acceptable to this client, Mr. Roberts and Mr. Novick agreed to this stipulation if it was decided to go that avenue. 3 1 297 A request was received from CLY Realty Corp. for a zoning change from the present R-80 back to the original R-40, for 40 acres on Smithtown Road. Mr. Johnson commented that the Zoning Committee had met with the Building Inspector/Zoning Administrator, and the Zoning Board of Appeals on this request and another one in the same area and would be presenting them to the Town Board at their next work session to discuss both requests. A representative from CLY Realty was present and the procedure was explained to 41110 her and they were invited to attend the next work session on April 27, 1981, to discuss the zoning change. Mr. Diehl interrupted the agenda at this time to receive a petition from Mrs. Tebolt, 61 Helen.Drive, signed by residents of Quiet Acres, to support the expansion efforts of the Atlas Water Company. Mrs. Tebolt said the residents felt that Mr. Lafko was getting the "run around" from the Town Board in his efforts to obtain the permit needed to install the storage tank for this expansion. The petition was presented to Mr. Diehl who explained that it would be turned over to the Town Clerk as an official record and she in turn would copy it to the Town Board. Another rezoning request was received from Michael Morris to change a three acre parcel of land on the southeast corner of Myers Corners Road and Kent Road from R-20 to R -MF -3. Mr. Johnson had talked to Mr. Morris on this change and explained that there might be a variation on this request and the Zoning klime Committee would include this in their work shops when Mr. Morris presented his changes. A request was received from the Myers Corners Development Corp. for the implementation of a local law by the Town regulating traffic at the Wappinger Plaza. The following proposed Local Law was introduced by COUNCILMAN JOHNSON: 288 A Local Law adopted pursuant to Vehicle and Traffic Law Section 1660-a. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. any motor vehicle parking areas and its successors or There shall be no parking or standing by in lanes marked Fire Lanes within those driveways maintained by Wappinger Plaza, assigns. SECTION 2. It shall be the responsibility of the owner of Wappinger Plaza, its successors or assigns to construct and maintain signs and other markings appropriate to identify fire lanes and to provide notice of tow -away restrictions and fines. Said signs shall conform to the uniform standards prescribed by the New York State Department of Transportation to the extent provision is made for such signs. Fire Lanes shall be located in those areas designated by the Fire Chief in whose juris- diction it lies. SECTION 3. Any motor vehicle found standing or parked within an area designated as a Fire Lane may be removed or towed away and any owner or operator of such motor vehicle shall be subject to payment of reasonable fees for such removal and storage. SECTION 4. Violation of this local law shall be subject to a fine not greater than $25.00. SECTION 5. This Local Law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 13th day of April, 1981, a proposed Local Law prohibiting parking or standing by any motor vehicle in Fire Lanes maintained by the Wappinger Plaza, 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 proposed Local Law by the Town on the 5th day of May, 1981 at Town Hall, Mill Street, in the Dutchess County, New York. shall be held on the said Board of the Town of Wappinger 7:00 P.M. EDT on such day at the Village of Wappingers Falls, 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The next item on the agenda which was a request by Supervisor Diehl to the State to activate the traffic light on Route 9 at the entrance to the Wappinger Plaza, had been completed, and the ke 2 J3 light was now in operation. However, Mr. Diehl had another subject to discuss relative to this which was a possibility of the installation of left arrows on the existing traffic lights both at Myers Corners Road and Route 9 and Middlebush Road and Route 9. This would improve the flow of traffic going south by a left turn arrow on Myers Corners Road and going north by a left turn arrow on Middlebush Road. MRS. MILLS moved that a letter be sent to the New York State Department of Transportation requesting that a left turn arrow 41,10 be installed on the traffic light at Myers Corners Road for southbound traffic on Route 9, and a left turn arrow be installed on the traffic light at Middlebush Road for north- bound traffic on Route 9. Seconded by Mr. Johnson L Motion Unanimously Carried A recommendation for the adoption of a Local Law for the administration and enforcement of the New York Fire Prevention Code in the Town of Wappinger had been received from Mr. Gunderud, as Chief Fire Inspector of the Fire Prevention Bureau. The following proposed Local Law was introduced by COUNCILWOMAN MILLS: Article 1 Applicability This local law shall provide the basic method for administration and enforcement of the New York State Fire Prevention Code in the Town of Wappinger and shall establish powers, duties and responsibilities in connection therewith. Article 2 Administration There is hereby designated a Bureau of Fire Prevention, hereinafter referred to as "the Bureau", to administer and enforce the State Fire Prevention Code within the Town of Wappinger. The Bureau shall consist of seven (7)members. Two (2) members, active firefighters,representing each fire district in the Town of Wappinger, shall bedesignated by their respective District Board of Fire Commissioners and 110 approved by the Town Board of the Town of Wappinger. The Town Board shall also designate the Town Building Inspector asf.a member of the Bureau. 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. Any vacancy shall be filled for the balance of the term. Article 3 Rules and Regulations A. The Bureau may adopt rules and regulations, approved by the Town Board, for the administration and enforcement of the New York State Fire PreventionCode. Such rules and regulations 300 shall not conflict with the New York State Fire Prevention Code, this local law or any other provision of law. B. The Bureau shall publish all rules and regulations at least twenty (20) days prior to the effective date thereof in a newspaper of general circulation within the Town of Wappinger. Article 4 Permits A. upon payment of a fee as prescribed in a schedule of fees adopted by the Bureau and approved by the Town Board, permits shall be issued by the Bureau and bear the name and signature of a member of the Bureau and shall specify: (1) Activity or operation for which permit is issued. (2) Address or location where activity or operation is to be conducted. (3) Name and address of permittee. (4) Permit number and date of issuance. (5) Period of permit validity. B. Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit. C. Permits shall continue until revoked; or for a period of time designated at the time of issuance. An extension of the permit time period maybe granted, provided a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period. D. Revocation shall take place when it has been determined by the Bureau or the Building Inspector that there is noncon- formance with the fire code or any provision of this local law or there has been misrepresentation or falsification of material facts on the application. Revocation shall be by written notice advising the permittee violations found to exist. E. Permits shall be obtained for the following: (1) generator pounds. (2) Acetylene generators. To operate an acetylene having a calcium carbide capacity exceeding five (5) Automobile tire rebuilding plants. To operate an automobile tire rebuilding plant. (3) Automobile wrecking yards. To operate an automobile wrecking yard. (4) Bowling establishments. For bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials. (5) Cellulose nitrate motion -picture film. To store, keep or have on hand more than twenty-five (25) pounds of cellulose nitrate motion -picture film. (6) Cellulose nitrate plastics (pyroxylin). (a) To store, keep or have on hand more than twenty-five (25) pounds of cellulose nitrate plastics (pyroxylin). (b) To manufacture articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles. (7) Combustible fibers. To store, handle or use combustible fibers in quantities in excess of one hundred (100) cubic feet, except agricultural products on a farm. (8) Combustible materials. To store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of two thousand five hundred (2,500) cubic feet gross volume, on any premises. 1 (9) Compressed gases. (2) To store, handle and pressures more than: ;,80.1 or use at normal temperatures (1) Two thousand (2,000) cubic feet of flammable compressed gas; or (2) Six thousand (6,000) cubic feet of nonflammable compressed gas. (b) To store, handle or use any quantity of liquified natural or hydrogen gas. (10) Cryogens. To store, handle or -use cryogenic fluids, motor fuel and stored in motor vehicle except cryogens used as a tanks, as cryogenic gallons. (11) Dry-cleaning plants. To use in excess of four (4) gallons of solvents or cleaning agents classified as flammable or combustible. (12) Dust -producing plants. To operate any grain elevator,flour, starch or feed mill, woodworking plant, or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive - potential dust. (13) Explosive, ammunition and blasting agents. (a) To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents. (b) To use explosives or blasting agents. (c) To operate a terminal for handling explosives or blasting agents. (14) Flammable and combustible liquids. (a) .To store, handle, or user4flammable liquids in excess of six and one-half (62) gallons iriside dwellings, or in excess' of ten (10) gallons inside any other building or other occupancy, or in excess of sixty (60) gallons outside of any building. This provision shall not apply to: liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant; paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes. (b) To store, handle or use combustible liquids in excess of twenty-five (25) gallons inside a building, or in excessof sixty (60) gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil -burning equipment. (c) A permit shall be obtained for the initial installation of an oil burner and a fuel -oil tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner. (d) For processing, blending or refining of flammable or combustible liquids. (15) Flammable finishing. For spraying, coating or dipping operations utilizing flammable or combustible liquids. (16) Fruit ripening process. To conduct a fruit ripening process using ethylene gas. (17) Fumigation. and thermal insecticidal fogging. To conduct fumigation or thermal insecticidal fogging operations. (18) Hazardous chemicals. (a) To store,handle or use more than fifty-five (55) gallons of corrosive liquids, or more than fifty (50) pounds of oxidizing materials, or more than ten (10) poundsof organic peroxides, or more than fifty (50) pounds of nitromethane, or one thousand (1,000) pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing sixty percent (60%) or more of ammonium or any amount of toxic material or poisonous gas. (b) To store, handle or use any quantity of air - reactive, water -reactive or unstable materials. (19) Junkyards. To operate a junkyard. (20) Liquified petroleum gas. For each installation of liquified petroleum gas employing a container or an aggregate of follows: (a) Production, sale or storage of cryogenic fluids, (b) Storage or use of flammable cryogenic fluids, oxidizers or liquified oxygen in excess of ten (10) 2 at 2, interconnected containers of over two thousand (2,000) gallons' water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which twenty (20) or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations• and replacements of portable cyclinders and have it available for inspection. (21) Lumberyards. To operate a lumberyard. (22) Magnesium. For melting, casting, heat treating, machining or grinding of more than ten (10) pounds of magnesium per working day. (23) Matches. (-a) To manufacture: matches. (b) To store matches in excessof twenty-five (25) cases. (Note: One (1) case equals one (1) matchman's gross of fourteen thousand four hundred (14,400) matches). (24) Organic coatings. To perform organic coating operations utilizing more than one (1) gallon of organic coating on any working day. (25) Ovens and furnaces. To operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding one thousand four hundred degrees Fahrenheit (1,400 degrees F.) which are heated with oil or gas fuel or which during operation contain flammable vapors from the material in the oven or catalytic combustion system. (26) Places of assembly. To maintain, operate or use a place of assembly. (27) Service stations and repair garages. To operate a service station or repair garage. (28) Welding and cutting. To operate. a Welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder. F. Consolidated permits. When more than one (1) permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder. G. Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder. H. Revocation of permits. When it is determined there is a violation of a condition under which the permit was issued or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit or the building inspector, permits may be sus- pended or revoked upon seven (7) days notice advising the permit holder of the intended suspension and advising him he may protest in writing the supervision or revocation, provided that such answer or protest is delivered to the building inspector no later than within seven (7) days of mailing. Such provisions shall not be applicable in the event of an emergency. Article 5 Inspections A. The Bureau of Inspectors or its designated representa- tives appointed by it shall conduct periodic inspections of any premise within the Town of Wappinger to ascertain compliance With the provisions of the New York State Fire Prevention Code. Such inspections may be made at any reasonable time. B. If entrance to make an inspection is refused or cannot be obtained, the Bureau or building inspector may apply for a warrant to make an inspection to any court of competent jurisdiction. oh, 203 Article 6 Additional Duties and Powers of Bureau A. The Bureau of Fire Prevention shall designate any areas at, on or near any interior street, roadway or driveway in which any obstruction due to the parking or placing therein of any automobile, truck, motor vehicle or any other physical object or material will cause interference with the ingress and egress of fire -fighting equipment, or which will create a condition dangerous to life or property in the event of fire. Such areas shall thereupon be marked with standard police signs and/or such other markings deemed necessary and proper by the Bureau, indicating that said area is a restricted fire zone. The parking of any automobile, truck, motor vehicle or any other physical object or material within any such restricted fire zone is hereby expressly prohibited. Said signs and markings shall be installed by and at the expense of the owner of the property, and upon his failure to do so, he shall be guilty of a violation of this local law and subject to the enforcement provisions thereof. Notwithstanding and not in limitation of any provision hereof, no automobile, truck or other motor vehicle, and no physical object or material of any nature, shall be parked, placed or permitted to remain for any length of time whatever within twenty (20) feet of any fire hydrant or standpipe located at, on or near any interior street, roadway or driveway within any premises classified under the zoning ordinance as multiple residence. B. The Bureau shall insure the inspection of all hydrants installed within the Town of Wappinger, private or publically owned and that all fire hydrants -Within the Town shall be subject to periodic testing. All hydrants shall be maintained in an operable condition and shall meet minimum ISO fire flow standards for residences and they shall be clearly marked in all weather and kept accessible for Fire Department use by the owners. C. In addition, the following will be subject to review and approval by the Bureau when not in conflict with applicable New York State, Dutchess County or Town of Wappinger law: (1) The minimum acceptable width'of roads used,as access or egress to apartments, commercial or general business buildings or shopping area. complexes. .(2) Hydrant locations in apartments, commercial or general business buildings or shopping area complexes. (3) Acess to the hydrants and availability of fire lanes to and adjacent to apartments, commercial or general business buildings or shopping area complexes. (4) Smoking in places of public assembly. (5Y Allowable occupancy in places of public assembly. D. Approval in writing for conformance with existing fire prevention ordinance or laws must be obtained from the Bureau before construction of new multiple dwelling developments, apartment complexes, shopping centers or commercial or general business buildings may be implemented. Article 7 Violations A. A person owning, operating, occupying or maintaining property or premises within the scope of the New York State Fire Prevention Code or this chapter shall comply with all the provi- sions of the New York State Fire Prevention Code, this chapter and all others, notices, rules, regulations or determinations issued in connection therewith. B. Whenever the Bureau or the Building Inspeetor finds that there has been a violation of the New York State Fire %0 30s4 Prevention Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible. C. Violation orders shall be in writing; shall identify the property or premises; shall specify the violation and remedial action to be taken; shall provide a reasonable time limit for compliance; and shall state the time within which an appeal may be taken. D. Violation orders may be served by personal service, by mailing by registered or certified mail, or by postinga copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible. E. in case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, the owner shall be subject to the penalties prescribed in Article 8 of this local law. F. Whenever the Bureau or building inspector, at any .. stage of the proceedings instituted under the provisions of this local law, finds that a violation exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may,, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Notwith- standing any other provision of this chapter, such order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided. Article 8 Penalties for Offenses A. Failure to comply with any provision of the New York State Fire Prevention Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not more than two hundred fifty dollars ($250.00) or imprison- ment not to exceed fifteen (15) days, or both, and each day such violation continuesshall constitute a separate violation. Any person found to be in violation shall also be subject to civil penalties in the amount of $250.00 per day for each day any violation continues, and each day shall constitute a separate violation. B. An action or proceeding in the name of the Town of Wappinger may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the New York State Fire Prevention Code, this chapter, rulr or regulation adopted pursuant to this chapter or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. Article 9 Records The Building Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders. Article 10 Removal of Dangerous Buildings and Structures A. A building or structure or part there of which is an imminent danger to life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance. 4.0 305 B. Whenever the Bureau finds a building or structure or part thereof to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Bureau may cause it to be demolished and removed or may cause such work to be done in and about the building or structure as may be necessary to remove the danger. C. The Bureau may require the occupants of any such building or structure or part thereof to vacate the premises forthwith. No person shall use or occupy such building or structure or part thereof until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform,inspections, repairs or to demolish and remove such building or structure or part thereof. D. All costs and expenses incurred by the Town of Wappinger in connection with any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within ten (10) days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Bureau may file a Certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the Assessor, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Wappinger. Article 11 Repealer All ordinances or local laws, or parts thereof incon- sistent with the provisions of this local law are hereby repealed to the extent of such inconsistencies. Article 12 Severability If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not effect, impair or invalidate any other clause, sentence, paragraph, section or part of this local law. Article 13 A. No liability shall be attributed to the Town of Wappinger, the Bureau of Fire Prevention, the Fire Districts, the Chief or Assistant of a Fire District or to such Inspectors as they shall appoint, if they fail to make such inspection as called for in this law. B. The Town of Wappinger, the Fire District, their Chiefs shall not be liable should fire they have made an inspection or provisions of this law. Article 14 Effective Date This local law shall take the Bureau of Fire Prevention, and Assistants or Fire Inspector or other damage occur after issued a permit, under the effect as provided by law after filing of copies with the Secretary State. 3d`6 The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 13th day of April, 1981, a proposed Local Law for the administration and enforcement of. the New York State Fire Prevention Code in the Town of Wappinger and shall establish powers, duties and responsibili- ties in connection therewith, and WHEREAS, the provisions of the Municipal Home R4zle Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing proposed Local Law by the Town on the 5th day. of May, 1981 at the_Town Hall, Mill Street, in Dutchess County, New York,. shall be held on the said Board of the Town of Wappinger 7:15 P.M. EDT on such day at the Village of Wappingers Falls , 2. That at, least five (5), days notice of such hearing -hall be given by the Town Clerk of the Town of Wappinger, by the due posting thexeof 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: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following letter was received: March 27, 1981 Elaine H. Snowden, Town Clerk Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Refurbishing Wells #1 and #2, Central Wappinger Water Area Dear Mrs. Snowden: Referring to your letter of above referenced, please be on this pmoject due to your Town to supervise the work. March25, 1981,. concerning the advised that we cannot start work lack of having an Engineer. for the We wish to state that in the interim the time should not be applied against the 45 days for the job to be commenced. Respectfully yours, s/ Fred J. Lafko MRS. MILLS moved to accept the letter and place it on file. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Diehl had sent letters to various engineering firms requesting a proposal to furnish the necessary engineering services for the inspection of Well #1 and Well #2 at the l3 30'-? Hilltop Site. Mrs. Mills noted that the only firm who was interested was the firm of Paggi & Martin; the others could not perform this work for one reason or another. MRS. MILLS moved that the firm of Paggi & Martin be hired to furnish the necessary engineering services for the inspection of Well #1 and Well ##2 at the Hilltop Site,per the contract the firm submitted to the Town. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes Mr. Versace ---Nay Before the motion was completed Mr. Versace wished to discuss this subject and stated that he felt Mr. Lapar, as Engineer to the Town should perform the inspection services. He had drawn up the specs and it would save the district some money if he, instead of an outside firm did the work. Whatever differences Mr. Lafko and Mr. Lapar may have, he continued, should be set aside, and they should work together on the project. Mr. Lafko was then recognized by the Chair and objected to the firm of Paggi & Martin doing the engineering inspection on this contract since they were consulting engineers to the Village of Wappingers Falls and a lawsuit was pending between the Village and Mr. Lafko; he, therefore, felt there would be a conflict of interest. He further stated that there have been personal differences between Mr. Lapar and himself, and knew they had to cease at some point, so maybe this was the time to stop these differences and he would approve of Mr. Lapar as the engineer for this project. Mrs. Reilly then seconded Mrs. Mills' motion since she felt that Mr. Lafko and Mr. Lapar would not come to terms and be able to work in harmony. Mr. Versace pursued the subject with Mr. Lapar and felt that the inspection job should be done by Mr. Lapar in view of the fact that it would save the district some money, however Mr. Lapar felt the' only way he could work on the project was if Mr. Lafko remained away from the site. Mr. Johnson then added his comments that since this was a special district, the engineering inspection fees would not be part of the contract but would be extra, there- 308 the money that the district would save would be minimal. The motion was then put to a vote and carried. Mr. Diehl then informed Mr. Lafko that the 45 day commencement period would start as of this date. A notice of public hearing on the review of the LaGrange Agricultural District, by the Dutchess County Legislature, was received and discussed by the Town Board. Mr. Diehl commented that Mr. Logan had discussed the possibility of this same type of legislation a few weeks ago. MRS. MILLS moved that this matter should be referred to Mr. Logan and invite him to attend the next work shop of the Board to discuss with them the specific lands he had in mind to include in the Agricultural District. Seconded by Mr. Versace Motion Unanimously Carried MR. JOHNSON moved to receive the notice of public hearing and place it on file. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Horton wrote to the Board requesting permission to tebid on a dump truck since the one bid received from Healey Inter- national in the amount of $15,000 was for a larger dump truck than was specified. MR. JOHNSON moved that the bid received for the dump truck for the Highway Department be rejected, due to the fact that the truck was larger than was specified, and Mr. Horton be given permission to rebid.on the dump truck. Seconded by Mr. Versace Motion Unanimously Carried Two applications were received for Peddler's Licenses; one from Laird Beloof for a holiday flower stand and one from Barbara Tsamoydakis for a hot dog wagon. Mr. Diehl commented that it has been his observation that the trucks are not being moved in accordance with the ordinance 303 which states that vehicles must be moved at least 1,000 yards every thirty minutes. Mrs. Mills felt that that when the applicant comes in they should be given a copy of the Ordinance. Mrs. Snowden informed the Board they are either given a copy of the Ordinance or are told the conditions. Mr. Johnson suggested that the Attorney draw up an affidavit so stating these condi- tions, to be signed by the applicant when obtaining the license. MR. JOHNSON moved that the Attorney be authorised to draw up an affidavit stating these provisions of the Peddler's Ordinance, to be signed by the vendor prior to the License being issued, and further moved the approval of these two Peddler's Licenses subject to said affidavit being signed by the applicants. Seconded by Mrs. Mills Motion Unanimously Carried An updated letter on CATV Special Channel Costs was received from Mr. Gunthert; Mrs. Milts said this could be discussed with Mr. Erichsen at their next work session. MRS. MILLS moved to receive this letter and place it on file. Seconded by Mrs. Reilly Motion Unanimously Carried The next two items on the agenda referenced sign regulations under the Zoning Ordinance; the first from the Zoning Board of Appeals on free-standing sign regulations and the second from the Building Inspector/Zoning Administrator, on Section 416.8 dealing with signs on or behind windows. These items had been dismissed at committee work shops and would be presented to the full Board at a future work shop with the recommendations of both the Zoning Board and the Zoning Administrator. Mr. Johnson asked that the Chairman of the Zoning Board be made aware of this and that she submit her recommendation on the free-standing sign regulations since she was not present when this was discussed at the committee work shop. A request was received from Mr. Gunderud to attend the Finger Lakes Building Officials Association on April 27, 28 and 29 at Rochester, New York, and another request from Mr. Logan to attend the annual conference of the Northeastern Assessors Association from May 17 to the 20th at Mt. Airy, Pennsylvania. MR. VERSACE moved that both requests be approved and Mr. Gunderud and Mr. Logan be given permission to attend their respective conferences. Seconded by Mrs. Reilly Motion Unanimously Carried Letters had been received from James Klein, Joseph Ludewig, Marvin Novick and Rudolph Lapar regarding a moratorium on building in the Central Wappinger Water Improvement Area and requests for a speedy resolution of this problem. Mr. Johnson noted that a meeting had been set with the D.E.C. for April 22, 1981 at 10:30 A.M. at the County Office Building to discuss this situation, and he further stated that the Board is working in an attempt to resolve the matter. MRS. MILLS moved to receive these communications and place them on file. Seconded by Mr. Johnson Motion Unanimously Carried A copy of a letter addressed to Mr. Michael Mignogna, New York State Department of Transportation from James Spratt, Commissioner of Dutchess County Public Works, was received and discussed by the Board. This communication indicated approval by Mr. Spratt of the Town request to reduce the speed limit on Ketchamtown Road, however, he recommended a 35 MPH speed limit rather than a 30 MPH -limit. Mr. Spratt also requested that the Town improve the warning sign posting on Ketchamtown Road so that the traffic would be protected because of its very winding nature consisting of numerous horizontal curves that are not posted. MR. JOHNSON moved to refer this matter to Mr. Horton for response to the Board. Seconded by Mrs. Mills Motion Unanimously Carried A memo was received from Mr. Diehl requesting a dollar committ- ment for the.proposed reopening of the New Hamburg Railroad Station which was prompted by a letter from County Legislator 311 Joseph Poillucci asking support from the towns whose residents would make use of the railroad services. Mr. Diehl supported financial assistance from the Town and recommended the sum of $500.00, MR. DIEHL moved that the Town of Wappinger contribute $500.00 toward reactivating the New Hamburg Railroad Station. Seconded by Mr. Johnson Motion Unanimously Carried The Planning Board sent the final draft of the Updated Subdivi- 160 sion Regulations to the Town Board for their review and comments and asked that they be received within thirty days. Mr. Johnson recommended that the Town Board meet with the Planning Board on April 20, 1981 at 7:00 P.M. prior to their regular meeting, to comment on the Subdivision Regulations. Mr. Versace then requested that a copy of the Building Fee Schedule recommended by Mr. Gunderud, be forwarded to the Planning Board for their review. L A petition was received from the residents of Eck Road for a reduction of the speed limit on that road to 30 MPH. Mrs. Snowden suggested that this request include the whole area rather than just Eck Road. MR. JOHNSON moved that a request be sent to the Dutchess County Department of Public Works and the New York State Department of Transportation to reduce the speed limit in the Ardmore Hills Development to 30 MPH. Seconded by Mr. Diehl Motion Unanimously Carried Under Committee Reports, Mrs. Mills reported on a meeting she and Mr. Johnson had with the Town insurance carrier in an effort to reduce the premiums. It was recommended that the deductibles be dropped on some of the vehicles and collision'be taken off the older highway trucks. The money that was saved, (they hoped about $3 or $4,000.00) could be put into a separate account and accumulated for the purchase of a new vehicle. Under Drainage, Mrs. Mills reported that they were still waiting 31:: - for the Drainage Study requested of Mr. Lapar as he was waiting for information from the Dutchess County Department of Planning, which could possibly reduce the cost. Mrs. Mills then reported on water hookups in the Serenity Mission Development which had been a long standing issue of two water taps not hooked up by the developer. A performance bond in the amount of $2,000 had been posted and upon direction from the Board, the Attorney had sought to collect this bond and was successful, so the money was now available to complete these hookups. MRS. MILLS moved to instruct the Engineer to proceed with the hookup of the two water taps in the Serenity Mission Development. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Johnson,on Tri -Municipal, reported that their meeting had been held last week at which time they had received the final draft on the Environmental Impact Study. They also met with the EPA and the new environmental branch men. A Public Hearing has been set for June 4, 1981, 7:30 P.M. at Roy C. Ketcham High School; this will be the final public hearing and they hoped to hear all the problems and concerns of the residents. The Commission had been successful in having the airport and shopping center included in the project. At the completion of Step 1 the Town will have to pay their share which could be anywhere from $10,000 to $20,000 because of the fact that our share had increased from 46% to 50% based on the project numbers. This funding will be requested from the Town late in 1981 or early 1982. Mr. Versace questioned why our share was rising; originally he thought it was 48%, now it's up to 50%, in time it could go up to %52 or higher. Mr. Johnson explained that the Pleasant Valley section was not put in, and the section scheduled for La Grange was not put in and as the project progressed, more definite figures were available. These are now the final figures, and according to Mr. Lapar, basically they have been reduced due to the fact that items have been eliminated. Mr. Versace then asked if this public hearing was based on the inclusion of the SMD (sewer maintenance district) and Mr. Lapar responded that this was part of the EPA document which was the subject of the hearing. Mr. Johnson 313 explained that the Commission was against this inclusion and comments to this effect from the reviewing committee were included in the document that was presented and they hoped that this would be deleted. A lot depended on the public input at the scheduled public hearing on whether the SMD would be included in or deleted from the project. An addendum would then be added to the document if the SMD was removed. Mr. Versace then asked if the full Town Board would be involved before the Commission went into Step II; Mr. Johnson responded that probably by the end of June they would be ready for Step II, but the Commission did not have the authority to proceed with this step without authoriza- tion from the Board, and at that point, the full Board would determine how they should proceed. A letter was received from Ian MacDonald, attorney from the office of the Dutchess County Attorney, enclosing a draft of the proposed 1981 Car -A -Van, for acceptance by the Board. MR. JOHNSON moved to approve the Care -A -Van Contract with the Dutchess County Office for the Aging, for an amount not to exceed $9,768.00, and authorize the Supervisor to sign said Contract, covering the period beginning January 1, 1981 through December 31, 1981. Seconded by Mr. Versace Motion Unanimously Carried Billson 1981 Football Equipment having been tabled from the last meeting, were now placed before the Board for their consideration. MR. VERSACE moved that the bid for Football Equipment for 1981 be awarded to Sports Arena, as recommended by the Recreation Commission Chairman, in the amount of $1,500.00, which represents the figure allocated in the 1981 Recreation Budget for this item. Seconded by Mr. Johnson Motion Unanimously Carried A Public Hearing having been held on February 26,1981 on an Ordinance Amending the Zoning Ordinance and Zoning Map and action tabled on this Ordinance at the last meeting due to the fact that the recommendation from the Dutchess County Department had not been received at that time, the matter was now placed before the Board for their consideration. Mr. Versace noted that this property, as he had indicated previously is a residential home in a residential development. It was originally zoned commercial, however, the new zoning put it in a residential zoning, which was the original intent. A special use permit was issued to the original owner to conduct a nursery and when Mrs. Bazley purchased the property she also used it for a time as a nursery, however, in the last three years, it has been a residence and not being used for commercial use. He felt that her purpose for this rezoning was due to the fact that the state was widening Rt. 376, and her property would be more valuable if it was zoned commercial and if the state needed a portion of her land, her price could be higher. He felt the Town would leave itself wide open if they were to rezone this one parcel of property. The following Ordinance was offered by COUNCILMAN JOHNSON who moved its adoption: It having been previously moved that the Zoning Ordinance of the Town of Wappinger adopted July 9, 1979 be amended as follows, and the required public hearing having been held on February 26, 1981, and the necessary referrals of such proposed changes having been made, now therefore: BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: The comprehensive zoning ordinance and map adopted by the Town Board of the Town of Wappinger on July 9, 1979 is amended as follows: ONE: The classifications of zone for the following parcels shall be changed from the present to the following: Owner Tax Grid Number New Zone Roy Guarino 19-6357-03-220050-00 NB Phyllis Bazley 19-6259-04-536229-00 GB TWO: Section 422 (Schedule of Regulations Non -Residential District) is amended by adding to the requirements designated "Mlnimum Yard (Feet)" under foot note (d) the following: (d) Front yard setbacks on county and state roads shall be a minimum of seventy-five (75) feet measured from the front lot line. THREE: The provisions of Section 422 applicable to (SC) Shopping Center shall contain the following language to precede and to be applicable for said district only as to the four (4) permitted principal uses designated there: That in an SC (Shopping Center) District only, multiple attached or detached uses shall be permitted. FOUR: That this amendment shall be effective ten (10) days following publication. Seconded by: Supervisor Diehl Roll Call Vote: Supervisor Diehl Aye Councilman Johnson Aye Councilwoman Mills Aye p+ Councilwoman Reilly Aye Councilman Versace Abstain 064 J Mr. Versace clarified his abstention by stating that he had no objection to the Ordinance except for the Bazley property which he felt was requested for the reasons as stated previously. Bids on Sludge Removal and Chemical Purchases were received and opened on April 7, 1981. Two bids were received on Sludge Removal----Lafko Associates ® $25.00 per 1,000 gallons, and Murphy Sanitation ® $50.00 per 1,000 gallons. Mr. Cuatt recommended that Lafko Associates Inc. be awarded the bid for the period beginning May 1, 1981 and ending April 30, 1982. Three bids were received for Chemical Purchases ---Jones Chemical, Duso Chemical and Axton -Cross Co. Mr. Cuatt had reviewed the quanities of each chemical used with Camo Pollution Control and recommended that Duso Chemical be awarded the bid for the period beginning May 1, 1981 and ending April 30, 1982. MR. JOHNSON moved that the bid for Sludge Removal be awarded to Lafko Associates, Inc. and the bid for Chemical Purchases be awarded to Duso Chemical, as recommended by the Comptroller. Seconded by Mrs. Mills Motion Unanimously Carried A vacancy existed on the Zoning Board of Appeals due to the resignation of Howard Prager and the matter was placed before the Board for their consideration. Mrs. Mills offered the name of George Urciuoli for future consideration by the Board. She had asked him to send a resume to the Board and suggested that they interview him at one of their workshops. This matter was tabled until the next meeting of the Bard. aG A vacancy would exist on the Recreation Commission due to the expiration of Mary Schmalz's term on May 1, 1981, and this matter was placed before the Board for their consideration. Mr. Johnson asked that this matter be tabled since the recom- mendation from the Recreation Commission Chairman had been received by the Board just before the meeting and they wished to give the matter more consideration. Mr. Versace saw no reason to table this reappointment because of a late communication from the Recreation Commission Chairman. He felt Mrs. Schmalz had done an outstanding job as a member of the Commission; she has received monetary grants for the Town and is a very dedicated person. If the policy is not to enter- tain correspondence received just prior to the meeting, this, he stated, should hold true for all communications. In the future everything received in the boxes prior to tlge meeting, no matter how pressing, should be tabled until the following meeting. No other names had been considered for this appoint- ment, as far as he knew, and he felt they should act on this tonight since the next meeting would take place after the expiration of her term. Mr. Johnson noted that he was con- sidering other names and it did not matter if the recommenda- tion had been received earlier; he felt the matter should be tabled. Mrs. Mills added the comment that Mrs. Schmalz would remain on the Commission until the appointment was filled; she would not vacate this position on the date of the expiration. Mr. Versace continued on the subject of late correspondence, and in the future, he said, nothing should come up that was not on the agenda when they received it. MR. JOHNSON moved to table action on the appointment to the Recreation Commission until the next meeting. Seconded by Mrs. Reilly Motion Unanimously Carried A notice was received from the New York State Department of Environmental Conservation requesting the Town to sign the application for State Pollutant Discharge Elimination System Permit (SPDES) for the Mid -Point Park Sewer District Treatment 3.1.'" Plant. Mr. Johnson explained that the intent of the D.E.C. is to require the Town to meet the new state standards which would require the rebuilding of the plants, if Tri -Municipal is no longer an entity. Once it is determined that the Tri -Municipal project will not become a reality, the Town will have two years in which to complete this requirement. Mr. Lapar had reported to the Board on this requirement and suggested that if they needed further explanations, they had three options; the first was to call Mr. D'Angelo from the D.E.C. at 518-457-4125, the second, if not satisfied, the State Attorney is available to discuss the questions, and the third was a possible trip to Albany. Mr. Incoronato, being recognized by the Chair asked if there was any possibility of federal or state funding for the re- construction of the sewer plants. Mr. Johnson responded that the EPA has advised them that federal aid is available for a project such as Tri=Municipal which has had a full environmental study, only if the recommended plan is followed. This information was obtained from the Village of Wappingers Falls who had written D.E.C. for the facts on funding; Mr. Johnson assumed if this was true for the Village, it would be true for those involved in the project. Mr. Diehl suggested that the Town also send a letter to D.E.C. so that we, too, would have this information. MR. DIEHL moved that the Tri -Municipal Commission, through Mr. Johnson write to the D.C.C. requesting a written statement on the status of the state aid that would be available to rebuild 4111, the existing sewer plants of the Town. koro Seconded by Mrs. Mills Motion Unanimously Carried MR. JOHNSON moved that the Supervisor be authorized to execute the agreement on the SPDES Permit for Mid -Point Park Sewer District. Seconded by Mrs. Mills Motion Unanimously Carried i3"18 A letter.was received from William G. Crane, Attorney, repre- senting the Town in the Tax Certiorari Matter of Whitegate Associates vs. Town of Wappinger, requesting approval to hire an independent appraiser for the defense of the Town. MR. JOHNSON moved that the law firm of Rosen Crane and Wolfson be given permission to hire an independent appraiser, as requested by them. Seconded by Mrs. Mills Motion Unanimously Carried A proposed Local Law amending Local Law No. 1 of 1977, regulating dumping was placed before the Board for their consideration. MR. VERSACE moved that this matter be tabled until the next meeting. Seconded by Mr. Johnson Motion Unanimously Carried At the last meeting a request had been received from the Orange County Executive requesting the Town to join the Hudson Valley Economic Development district. The Board had directed the Comptroller to obtain further information on this subject and the following report was received from him: Memo To: Supervisor, Town Board Members From: Henry Cuatt Date: March 19, 1981 Re: Request from Orange County to join Hudson Valley Economic Development District. The purpose of the above group is to secure federal funds. The funds are used to attract industry into the target area by providing favorable financing, assisting in finding suitable sites for the prospective industry and some type of tax abate- ment. At this stage of development theTown Board need only express its support for the plan. If the plan becomes a reality, formal resolutions, cooperation agreements etc. will have to be entered into. At that time the board could decide not to partici- pate in the group. Given the present budget slashing mood in Washington itis doubtful that this group will even be funded. I do think however that Wappinger should express its support for the plan. MR. JOHNSON moved that the Town support the plan of the Hudson Valley Economic Development district. Seconded by Mrs. Reilly Motion Unanimously Carried '319 Several communications had been received concerning problems which existed on All Angels Hill Road. A letter from County Executive Lucille Pattison to Mrs. Ballard, one of the residents who had carried petitions for a speed reduction on that road, and also the elimination of passing zones, notifying her of the actions that had been taken to take care of these problems. A notification from the New York State Department of Transporta- tion reducing the speed limit from 55 mph to 40 mph on All Angels Road between New Hackensack Road and Route 82; a letter from Mr. Spratt stating that the responsibility to assure adequate sight distance rests with the Town and offering the services of his department to achieve any improvement of sight distance at the Town road intersections. Mr. Diehl had responded to this offer and asked Mr. Spratt to have his department inspect each inter- secting town road and advise the town where site distance is in violation and his recommendation to remedy same. He felt this request to the Department of Public Works should be confirmed by the Board. MR. JOHNSON moved that the Board support Mr. Diehl's request tb" Mr. Spratt, as stated in his letter to him dated April 8, 1981. Seconded by Mrs. Mills Motion Unanimously Carried In the matter of the cleaning of Hunters Creek, Mr. Versace recommended that the Town clean the area behind Mr. Webb's home on Pleasant Lane, at the time the County starts their project, and the money be taken from the downstream drainage funds. He had met with Mr. Horton regarding the two areas in the S3erenity Mission Development which needed repairs and Mr. Horton had informed him this would be done by his department when Central Hudson has completed their work in that area. Mr. Versace then asked Mr. Adams the status of the maintenance bond in that subdivisima---Mr. Adams r"edponded•that the case was on the court calendar and they would ask for court preference. If this case was not decided in the Town's favor, it would behoove the Town to repair the roads since they were now in bad condition, and they could lose the base and have to start all over again; he asked the Board to consider this now although he did not know how 3"0 or if this would affect the court case pending. Another item Mr. Versace discussed with Mr. Horton was clean-up days and he had informed Mr. Versace that the area that has been previously used in Castle Point for a landfill has not yet been filled, and he felt the Board should pursue approval from the federal government to use this site for a future pick-up. He further suggested that instead of the Town Highway picking up these articles that the residents could not dispose of, we could perhaps get approval to open this site every Saturday for a few months and the residents could find a means to transport their debris to this site. The Highway Department would cover this debris and Mr. Horton felt this would be less expensive than using trucks and manpower for the entire clean-up, even with paying time and one half for weekend work. Mr. Diehl asked the attorney to look into this avenue once we had approval to use the site. Mr. Adams told the Board that once the material that was requested by the government was collected and submitted, he would then be able to pursue the alternate suggested by Mr. Horton. Mr. Versace then asked that a letter of thanks be sent to Mr. Horton and the Highway men for their efforts at Oakwood Knolls Water Plant when the well was not pumping. They replaced pipes, cleaned the screen and the pump was replaced; the well was now pumping 67 'gallons a minute; he appreciated the time and coopera- tion put in by the Highway Department. MR. VERSACE moved that a letter of thanks be sent to Mr. Horton for their help. Seconded by Mrs. Mills Motion Unanimously Carried In another discussion with the Highway Superintendent, Mr. Versace reported that work had been done on the pond in the Pondview Subdivision, however, there was an area that still needed work and Mr. Versace requested the Attorney to send a letter to their attorney stating that prior to doing any further work in that area, they should contact Mr. Horton for direction. Mr. Versace then brought up a previous request he had made to the Comptroller for comparison costs on operation and maintenance of ‘,# 321 the Town owned sewer and water plants by an outside firm as opposed to a Town department. He had received a communication from the Comptroller dated March 12, 1981 stating that he needed further information from the state regarding state aid and he would get back to the Board with this additional information. Since he had heard nothing further in this matter, he asked that the Town Clerk write to the Comptroller informing him that the Board would like this information by the next meeting. Mrs. Mills wished to inform those present that an informational hearing would be held on the Route 9D project on April 23, 1981, at 7:30 P.M. at the Town Hall. MR. JOHNSON moved to adjourn the meeting, seconded by,Mrs. Mills and carried. The meeting adjourned at 9:57 P.M. Reg. Mtg. 4/13/81 ine H. Snowden Town -Clerk