Loading...
1981-02-09 SPMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 9, 1981 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. -Accept Minutes 235 4. REPORTS OF OFFICERS: Town Justices (Dec.) Receiver of Taxes Bldg/Zoning Sup/Compt. Hydrant Report from H. Supt. Annual Report from Grinnell Library Annual Report from Bldg. Insp. Zoning Adm. 5. PETITONS & COMMUNICATIONS a. b. c. d. e. f. g. h. ]. k. 1. m. Report from Gen. Code Publishers on status Corr. Zng. Bd. of Appeals re: New Zng. in letters of 4/9/80-7/13/79 & 5/11/79 Mrs. Poloncic re: traffic situation - Leonard Cohen re: Tri -Municipal Sewer Memo from Sup. Diehl Litigation Report from Attorney re: T/W vs Swan Report from Attorney re: Acceptance Wm Horton re: purchase of New truck of Ord. - Code preparation concerns expressed All Angels Hill Rd. Dist. re: advice to Attorney on Terwilliger outcome of Survey of Town Rds-Check list. - Money R.E. Lapar Report re: Oakwood Water Dist. possible CWWI tie-in Petition for further speed reduction on Ketchamtown Rd. Petition for posting "Slow" or "Caution" signs on Ketchamtown Rd. Anthony Dominicis on hehalf of Aunt, Angeline Auguruso re: Tax exemption & possible refund for her E. Hawksley, Ch. Cons. Adv. Council re: Drainage 6. COMMITTEE REPORTS Recreation Commissions submitted report on condition of Barn on Montfort Rd. 7. RESOLUTIONS a. Release retained percentage to D. Alexander on Angelbrook Est. - Alpert. Drive Contract b. Release retained percentage to D. Alexander on Mid -Point - Hunters Creek Storm Sewer Contract c. Highway Bi -,s d. Recreation Bids for Baseball equipment e. Term of Office for Carol Waddle on Zoning Bd. of Appeals expired f. Local Law #2 of 1981 amending Local Law #2 of 1967 g. Introduce Zoning Amendments 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT 236 The Regular Meeting of the Town Board of the Town of Wappinger was held on February 9, 1981 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County. Supervisor Diehl opened the meeting at 8:30 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwomen 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 January 12, 1981, the Reorganizational Meeting of January 7, 1981 and the Special Meeting of January 19, 1981, having previously been sent to all Board Members, were now placed before them for their consideration. MRS. MILLS moved that the Minutes of the Regular Meeting of January 12, 1981, the Reorganizational Meeting of January 7, 1981 and the Special Meeting of January 19, 1981, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr.Johnson Motion Unanimously Carried Reports were received from the Town Justices for December, the Receiver of Taxes and Building Inspector/Zoning Administrator for the month of January, Hydrant Reprot from Mr. Horton, the Annual Report from the Grinnell Library and the Annual Report from the Building Inspector/Zoning Administrator. Mr. Johnson questioned whether a re ort was received concerning the six hydrants that needed repair and listed on Mr. Horton's report. Mr. Diehl replied that Mr. Horton could not detect the problem until they were excavated and once this was done either he or Camo willydecide what repairs will have to be done, and arrangements will be made to proceed with the repair work. r MR. JOHNSON moved to accept the reports and place them on file. Seconded by Mrs. Reilly Motion Unanimously Carried A letter regarding the completion of the codification project for the Town was received from General Code Publishers Corpora- tion. The Town had contracted with them two or three years previous for the publication of Town Laws and Ordinances and had paid 50% of the contract price which was a total of $7,800.00. Upon completion the sum of $3,900.00 was due, however, before they could complete the project, they needed the approval of the Town Board. MR. JOHNSON moved that the Supervisor and Comptroller be authorized to move ahead with .the completion of the project of publishing the Town Laws and Ordinances, as of this date, by General Code Pub- lishers Corporation, and further moved that it was not the intent of the Town Board to formally adopt this publication. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Lafko, being recognized by the Chair, then asked if this publication would be available to the public and would there be a fee. He was told that it would be available to the public at a fee which was undetermined at this time. The Town Board was in receipt of a letter from the Zoning Board regarding previous letters expressing concern on some items in the new zoning Ordinance. Mr. Johnson, as Chairman of the Ordin- ance Committee reported that they had met some time ago with the Zoning Board of Appeals and these particular items had been addressed. On some of the items which the Zoning Board had requested specific legislation, it was decided that special control was not needed by the Town Board, but rather each case should be treated individually by the Zoning Board, and should be decided by them. In the case of "definitions", it was indicated by the Committee that they were available and would be included in some later revisions of the Zoning Ordinance. There will be additional work shops with the Zoning Board, Planning Board and the Building Inspector to discuss these items further. -238 MR. JOHNSON moved that a letter be sent to Mrs. Waddle, Chairperson of the zoning Board of Appeals, advising her that a work shop has been held, and prior to the adoption of any of the changes she has referred to, an additional work shop will be held with the Planning Board, Zoning Board and Building Inspector to make sure this is their intent and all Boards concur. Seconded by Mrs. Reilly Motion Unanimously Carried A letter had been received from Mrs. Bridget Poloncic regarding the traffic situation on All Angels Hill Road. Mr. Diehl ex- plained that the residents of that area had requested double lines on that road and were asking that the Town conduct a public hearing on this issue and have Mrs. Pattison present. The Town had previously conducted a hearing with Mr. Spratt and approximately 30 residents of that area had attended at which time Mr. Spratt was very emphatic that this area did not require a double line. Mr. Diehl questioned whether this should be a Town function or a County function, since this was a County road. Mr. Versace felt that the County Executive and Wappinger County Legislators should be invited to a meeting with the residents to discuss this matter. Ernest Galderesi was recognized by the Chair and asked if this included all of All Angels Hill Road or just a section of it. Mr. Diehl replied that the original intent was between Myers Corners Road and Pye Lane, but he felt it should be the entire road since there were so many intersections. Mr. Johnson felt that our Legislators should be requested to put such a bill on the Legislature floor and push the matter to a public hearing on the county level. Mr. Cortellino was recognized by the Chair and asked the procedure that was followed when a lower speed limit was requested. He was told that first this resolution was sent to the County for their recommendation and if favorable, it was then sent to the State for their decision. He then asked about the traffic study that was conducted by the County ---is it a "line of sight" study or do they take the population of the area into consideration. MR. VERSACE moved that the Supervisor contact the County Executive rN %, and the Wappinger County Legislators and request a meeting with them, including the residents of the area, to further discuss this matter of a double yellow line on All Angels Hill Road, and further moved that the Legislators be urged to pursue this matter with the County Executive for affirmative action. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Johnson requested the Town Clerk to notify Mrs. Poloncic of this action. The following letters were received stating opposition by the senders to the Tri -Municipal Project: 195 All Angels Hill Road Wappingers Falls, N.Y. 12590 January 21, 1981 The Hon. Louis Diehl Supervisor, Town of Wappinger P. 0. Box 324 Wappingers Falls, New York 12590 Re: Tri -Municipal Sewer District Dear Mr. Diehl: While I understand that the expansion of the Tri -Municipal Sewer District is now in the planning stage, there are certain questions that I have concerning both the extent of any expansion and the impact it will have on me, my neighbors and the community. I have lived in the Town for more than three decades, and watched it grow. The pattern of growth over those years was at times dramatic. In the last several years, however, the population base of the Town has remained static and the number of new construc- tion permits diminished to an extent that shows the potential not for expansion of municipal services, but rather the contraction.. It is no secret that the school population in the Wappingers Central School District is beginning to drop. There are teacher lay-offs, and elimination of programs. The same is true in the Spackenkill School District. I am certain that you are aware that that district has even closed buildings. Any objective analysis of the Town of Wappinger will show that an expansion of municipal services in a time of contraction of demand represents an unwarranted intrusion into the finances of an already strapped community. We have heard it said that people such as us who own farm land can sell their property if the rates go too high. It is hardly appropriate for a Town, however, to suggest to its tax- payers that they get out to accommodate unnecessary expansion. It would appear that the attitude should be a municipal entity would respond to the needs of the taxpayers in a more positive way. Given today's high interest rates, the availability of the use of our property and the property of many of our neighbors for developmental purposes is almost non-existent. Also„you can imagine how difficult it would be for a developer who would have the availability of so called unimproved land within ready distance of Wappingers to purchase in areas that weren't saddled with the high taxes that the Tri -Municipal Sewer District would represent, rather than expansion within the Town itself. A system that would necessitate the taxing of agricultural land which has been traditionally exempt from a full tax will certainly result in damage to both the industry and the people involved in it. We are not expanding. New construction permits have declined dramatically since 1973. For example: Construction Permits Issued Date Issued 186 1973 138 1974 83 1975 105 1976 105 1977 99 1978 76 1979 55 1980 Currently, the method in which taxes are assessed for these properties is inequitable. Whether the taxpayer owns a large property and relies heavily on the facility, or a single small dwelling, the tax rate would be the same. The burden should have been shifted long ago. The severity of the action now contemplated in the expansion of the Tri -Municipal District is so great that it would appear to me that it should not be done without a referendum to test the willingness of the taxpayers to support it. Clearly, our national trend places more reliance on the will of the taxpayers than systems in past years. I would appreciate your comments on my observations and your analysis of the impact of the additional burden that the the Tri -Municipal District would have on small taxpayers, such as myself. Sincerely yours, s/ Leonard Cohen 29 Old Myers Corners Road Wappingers Falls, N.Y. February 1, 1981 The Hon. Louis Diehl - Supervisor, Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Re: Tri -Municipal Sewer District Dear Mr. Diehl: Please vote NO for the Tri -Municipal Sewer District. Let the people who live in developments have their water and sewer. This is what the town approved, the town encouraged, and the people chose when they purchased their property. Please do not penalize the whole Town of Wappingers by forcing Tri -Municipal sewer lines on all of us. It is a known fact that the current sewer areas for various developments are in need of repair and to get federal money to repair them the whole town must be involved. If the current small sewer systems were not able to operate without a loss, what makes one believe enlarging the system (alias problem) to include the whole Town of Wappingers via Tri -Municipal will correct problems. We feel that Tri -Municipal will only make bigger problems, with no solutions, wiping out homesteads, farms and large tracts of undeveloped land by forcing unrealistic taxes on all involved. Tri -Municipal can be likened to the proverbial Pandoras' Box. Tri -Municipal would be like the ripples that form and keep '41 getting larger when a pebble is thrown into a pond. We have one of the last remaining working farms in Wappingers Falls so we will be deeply affected by your decision. Please vote NO for Tri -Municipal. Sincerely, s/ Robert M. Diesing Marilyn J. Diesing Mr. Johnson commented that at a previous Tri -Municipal informa- tional meeting, several special interest groups were represented, one of them in particular, the large land owners group, felt that the formula devised for handling open land could be unfair to the large land owners, and he felt there might be merit to their request for a revision of the formula. Mr. Johnson also felt there were some untruths in the letters and falsifications in the information from the apartment owners who felt their costs would be out of sight. Mr. Diesing indicated that only the residents in the existing districts have problems and that was up to them to handle their problems. Mr. Johnson then quoted from a report compiled by the Environmental Consultants naming problems in various areas of the Town not in the sewer district. His point was that the project was not just aimed at the exist- ing sewer plants, but rather for the areas where the septic systems were deteriorating. There would be a public hearing on this in late February or early March, Mr. Johnson stated, and went on to say that he agreed with the land owners and they did have a valid point in requesting a revision of the formula applic- able to them, but this was not grounds enough to disband the entire system. Mr. Cortellino, being recognized by the Chair, objected to the procedure of the Health Department whereby they always approve the "perk" tests, yet the systems fail. Mr. Webb, Pleasant Lane, was also recognized by the Chair, and disagreed with the report that there was leachete in the storm sewer in his area. Mr. Galderisi asked if they were trying to put every home in the Town on the sewer line. Mr. Hirkala felt that if you want such a project and its advantages, you are going to have to pay for it. There were other speakers, but Mr. Diehl felt this discus- 24 2 sion should wait for a public hearing on this project. MR. JOHNSON moved to receive the letters and place them on file. Seconded by Mrs. Reilly Motion Unanimously Carried A memo was received from Mr. Diehl regarding an action instituted against the town by Wallace Terwilliger and Chelsea Marina, Inc. regarding North Street in the Hamlet of Chelsea. Apparently the only problem that existed was that there are two North Streets -- one running perpendicular to Front Street (Mr. Terwilliger's North Street and not a public street), and the one recognized by Mr. Horton which he considers to be a public highway, running between Market Street and Liberty Street. Mr. Adams stated that in his opinion, there is really no dispute, and his recommendation would be that Mr. Terwilliger can have his North Street and the town can have their North Street, and they can exchange the proper legal papers to confirm the fact. MR. JOHNSON moved to refer this matter to the Attorney. Seconded by Mrs. Mills Motion Unanimously Carried A report was received from Mr. Adams re the Town of Wappinger vs. Swan. Mr. Adams then gave the history of this case ---a fence was built at the end of Dorothy Heights on land which the town considered to be a town highway and therefore this fence was an encroachment on town property. The Town instituted litigation and it was agreed between both attorneys and the court when this came to trial, that the matter be resolved by having a third surveyor act as arbitrator. The Town's contention that thefence was .encroaching .;orn.their property was affirmed by this survey and therefore, according to the agreement, the cost of the survey must be borne by the party against whom the findings were made which would be the Swans. Mr. Adams had contacted their lawyer with regard to the existing fence and other related matters but had not received a reply. He would continue to pursue the matter, but needed no further action by the Board to do so. 243 Mr. Lapar had submitted a check list for the acceptance of roads at the January meeting, in response to an earlier request of the Town Board. This was referred to Mr. Adams and Mr. Horton for their review and recommendation to the Board. MR. JOHNSON moved that this check list be reviewed by Mr. Lapar, Mr. Adams, Mr. Horton, Mrs. Snowden and Mr. Gunderud in order to formulate the guidelines for acceptance of Town roads which would prove to be feasible for all involved in this process. Seconded by Mrs.Mills Motion Unanimously Carried A request was received from Mr. Horton regarding the financing of a one -ton dump truck, which had been discussed by the Board at budget time. MR. JOHNSON moved that this matter be referred to the Comptroller to prepare the necessary financing for the purchase of this truck, and advise Mr. Horton he has permission to bid for said truck. Seconded by Mrs. Reilly Motion Unanimously Carried A report was received from Mr. Lapar, at the request of the Town Board on "Oakwood Knolls Water District, Possible CWWI - Tie In." Mrs. Mills commented that this should be filed with the Water and Sewer Committee for future reference. There was the possibility of a developer in that area extending the lines down Myers Corners Road, which would reduce the footage of pipe needed, if and when the Oakwood Knolls Water District had additional problems. Mr. Versace then commented that he had contacted Mr. Tremper from Camo Pollution and requested information on the gallons per minute that were being pumped by the wells. Since the last problem that they experienced, they have not had any problem with the water pressure, and he felt that the two breaks in the system that had occurred around the holidays were the cause of the problem they had at that time. He did, however, understand Mrs. Mills' concern of the district. He had not received the information requested of Mr. Tremper and felt it should have been supplied by this time. He wished to discuss the matter at this meeting and felt that Camo, 244 as a Town agency, should have supplied the information to him by now, since they had had ample time to do so. He then asked Mr. Diehl to check with Camo Pollution Control, attention of Mr. Tremper and request that the information required by Mr. Versace be forwarded to him, and he will forward it to the other members of the Town Board. MRS. MILLS moved that this report be received and placed on file and also referred to the Water and Sewer Committee. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Lafko was recognized by the Chair and stated that by this May or June, his own property would be within 400' of Oakwood Knolls, and if necessary, they could be served since it was a shorter distance than the route they were talking about. Mrs. Schmalz was also recognized by the Chair and asked if this matter of a tie-in by the Oakwood Knolls District to the Central Wappinger Water Area would be automatic or would it go to public hearing. Mr. Diehl replied that this was just a suggestion in case of an emergency in Oakwood; they don't know at this time if it is needed, but it would not be automatic, it would have to be a decision by the Oakwood Knolls residents, if and when the need arose. A petition was received from the residents of Ketchamtown Road for a reduction in the speed limit on that road from 40 to 30 MPH. MR. VERSACE moved that the County of Dutchess and the New York State Department of Transportation be requested to set a 30 MPH speed limit on Ketchamtown Road. Seconded by Mr. Johnson Motion Unanimously Carried Another petition was received from the same area requesting the posting of a "slow" or "caution" sign 2/lOths of a mile from Ronsue Drive becasse of the blind curve of the road which at the present posted speed of 40 MPH prevents unsafe visibility. MR. JOHNSON moved to refer this request to the Highway Department. Seconded by Mrs. Mills Motion Unanimously Carried -245 Mr. Ron Blake, one of the signers of the petition, was present and said he asked the Highway Department to put up "slow" or "blind driveway" sign and was told it was not legal to do so. He contacted the State Troopers but received no cooperation from them, and therefore felt he should come to the Town Board for help. Mr. Diehl responded that Mr. Horton would review the request and recommend to the Town Board and the action would come from the Town Board. MR. DIEHL moved that the Town Clerk request the Dutchess County Sheriff to put radar control at various intervals on Ketchamtowi Road in order to control speeding and reckless driving. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Johnson then suggested that Mr. Blake and the other residents submit some documentation of the problems they have on this road; write specific events that have occurred which prompted the petition for these signs. A letter was received from Anthony Dominicis, on behalf of his elderly aunt, who had applied for a partial tax exemption available to senior citizens. He explained that the income claimed was over the amount allowable since the rent collected raised her income. However, her tenants were asked to leave and Mrs. Auguruso re- funded part of the rent thus lowering her income which made her eligible for the exemption. The problem was she reported the entire amount collected when making out her application. Mr. Dominicis was asking the Board to consider refunding one half of the school taxes already paid since she was an elderly woman and could use the money. He called it a misunderstanding, but it was actually an error made on the application, and due to this Mr. Logan had to deny the exemption. Mr. Johnson spoke on the subject and felt it was a legal matter; in his opinion, the Town would have no authority to act on a refund since Mr. Dominicis was talking about a school tax. Mr. Adams then commented that this request was untimely ---when the determina}toN was made by the Assessor, a grievance should have been filed. 246 Mr. Diehl further explained that this exemption would be on the tax roll for 1981, but the question remained could they take any action on the tax already paid for 1980. He referred the matter to the Attorney for discussion with the Assessor and a recommenda- tion to the Board. Mr. Hawksley had requested to be on the Agenda to present a drainage report; he was present but needed time to put up the drainage map and chart which accompanied his report. Mr. Hugh J. Maurer, Chairman of the Recreation Commission, wrote to the Board requesting permission for the Commission Members to attend the New York State Recreation and Park Conference and Exhibition at Kutsher's Country Club, Monticello, New York from April 27th to April 30th, 1981. MR. JOHNSON moved to grant permission to the Recreation Commission Members to attend the Conference at Monticello, New York on April 27th through April 30th, 1981, subject to the Town Policy of one overnight conference per year for each member. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Johnson then referred to a letter received from Mr. William Haase on Ervin Drive who had a drainage problem; this, in turn, was referred to Mr. Horton. As of this date, a report had not been received from Mr. Horton. MR. JOHNSON moved that the Town Clerk send a letter to Mr. Horton and ask if he has a report on the Haase drainage problem which had previously been referred to him by Mr. Diehl. Seconded by Mrs. Mills Motion Unanimously Carried Under Committee Reports, the following report was received from the Recreation Commission at a previous meeting, at which time the Board tabled discussion on it for a future meeting. This referenced a barn on Montfort Road which they were debating over either refurbishing the structure or demolishing it. The insurance carrier of the Town was hesitant to insure it in its present state and it was decided to have an architect inspect it. Richard Crowley Architect, Rhinebeck New York 12572 Town of Wappinger Recreation Commission and Town Board c/o Mary Schmalz 7 Edge Hill Manor Wappingers Falls, New York 12590 Dear Commissioners and Board Members, On October 3, 1980, I inspected the barn adjacent to the Town tennis courts on Montfort Road at Pye Lane. The barn appears to have been built about 1950 for dairy use on the ground floor with a hay loft above, milk room near one end and a separate silo with enclosed access. The construction is concrete slab on grade with concrete block walls, steel framed windows, a wooden loft floor and a wood framed arched roof covered with galvanized steel roofing. There are no cracks visible in the block walls, indicating that the footings have stood the test of time very well and that the masonry work is in sound condition. A few pieces of the galvanized sheet metal roofing have worked loose and been blown off. These should be replaced. The larger portion of the roof is in good condition, but some repairs are necessary in one of the valleys where the milk room joins the barn, and the edges of the entire roof need attention and perhaps gutters to control runoff. The ground floor space has been converted from dairy use to general storage, including filling in most of the troughs and drops. While the ceiling joists are quite low (about 7'6"), the space lends itself to many uses. The east end has been altered to admit large vehicles by cutting out a portion of the loft floor; some repairs may be necessary here. Additional alterations that have occurred include the erection of a cross -partition and compartmentalization for plumbing fixtures near the west end, together with some insulating of the walls with fiber- glas batts. Styrofoam and sheetrock would make a neater and more efficient realteration of the walls if it is proposed to heat the building or a portion of it. The fiberglas could be reserved for ceiling insulation. Insulation of the floor slab at the edges is also recommended. Small trees have begun to grow in several places at the outside edge of the concrete slab; they should be removed before their root systems heave the masonry. The barn is a small classic dairy building, constructed of modern inexpensive materials for efficiency of its original purpose and it will, if kept intact, eventually achieve landmark status. It would make an admirable recreation center because of its manage- able size (about 70 feet long) and especially because of its location. Very sincerely yours, s/ Richard Crowley Mrs. Reilly then asked Mrs. Schmalz what the Commission intends to do with the barn, now that they received this report from the architect. The Town Board would like a subsequent report on their plans for this structure --what will be done, what money is involved, what is its future use. Mrs. Schmalz then reported that she had turned over a check in the 248 amount of $16,406.00 to the Comptroller's Office representing the reimbursement to the Town for recreation programs under the Dutchess County Youth Bureau Matching Funds. She then thanked the Supervisor's Office, Building Inspector's Office and Town Clerk's Office for their cooperation and assistance. After the report was submitted (this year it was on time) all Town vouchers !" and payroll had to be audited to substantiate the report, and without this help she could not have accomplished this audit. L The Town received total amount, Mrs. Schmalz went on to report, so it was well worth the time and effort that she and the Town offices put into it. Mr. Diehl then thanked her. Mr. Hawksley was now ready to give his presentation to the Board on the drainage problems throughout the Town and commented that the adequacy of the present drainage is a cause for increasing concern. He made reference to a drainage study compiled by Mr. Lapar in 1973, at the request of that Town Board, and to Phase I of that study which was published in 1975. Certain recommendations were made by Mr. Lapar which were not followed through, and as a result, these problems still exist today, and probably others as well since the study did not include the whole Town. He went on to ex- plain the map and the drainage areas represented by various markings. Even the areas that were not the Town's responsibility, he felt had to be solved along with the areas the Town was responsible for. A chart was presented along with the map showing facilities which were pinpointed on the map, the existing capacity and the expected 25 year storm frequency capacity; these were significantly under- sized. This information went back to 1975 and Mr. Hawksley felt the report should be updated since there has been more development kire and the water shifts --the figures shown were probably no longer accurate. The Conservation Advisory Council was proposing that Mr. Lapar complete the study for the entire Town and update it, then develop a plan to systematically solve the problem areas. There have been many complaints on drainage and the Town has spent $266,000.00 to solve these problems, but this did not result in the solution of the ones he had pinpointed. If the recommendations made by Mr. Lapar in his report had been carried through, it would have i9.k:1JJ eliminated many of the drainage problems we now face. Mr. Diehl agreed with part of his presentation but he felt that the money was well spent since it had solved some of the problems. He thought they should look into the possibility of available grants to continue these solutions. Mr. Johnson referred to a discussion on this matter by Mr. Hawksley with the Drainage Committee several months ago which was subse- quently discussed at a work shop session of the full Board, but it stopped at that point. He then went over some of the areas shown --the bridge at Widmer Road which will be done by the County in conjunction with the Hunters Creek Cleaning Project, at no cost to the Town. This, however, is conditional upon signed releases from three residents of that area, but when finalized, this would take care of Item #4 on the chart. The County had promised to correct problem under Item #7 (Myers Corners Road) several years ago. Items #8 and 9, Old Route 9 and Albany Post Road were addressed about one year ago, but the Board felt this could not be undertaken until Item #11 (Route 9D) was completed by the state. Therefore, some of these projects were in the works, so to speak; there is a lot of money involved when you are talking about solving all the drainage problems in the Town, on the other hand, some projects have been done at no cost to the Town by the developers. Mr. then requested that Mr. Lapar submit a cost estimate to do this drainage study, as recommended by Mr. Hawksley. Mr. Joseph Ryan, a member of the Council, was recognized by the Chair and asked about setting a time limit for this drainage study, as they were concerned about these problems. Mrs. Mills then commented that the Board is aware of the problems, they have not been ignored and they have made some progress toward their solution. They must, however, realize that it would take money to correct all the problems. Mr. Hirkala, being recognized by the Chair, told the Board they should stop doing piece meal drainage projects. The only approach is to have Mr. Lapar work up an intensive drainage plan, the Board should follow it through and as developers come in they will know where the problems are and be able to remedy them. 0 Mrs. Reilly then thanked Mr. Hawksley for his presentation, on behalf of the full Board, and said they would take his recommenda- tions into consideration upon receipt of Mr. Lapar's cost estimate on a drainage study. Mrs. Mills had checked out a claim by Mr. Gopalakrishna that due to a faulty water meter his water bill had increased drastically in 1980. The meter was removed by Mr. Tremper from Camo Pollution who had tested it with intricate equipment and it proved to be in perfect working condition. In view of these findings, Mrs. Mills recommended that the request to adjust the bill be denied. MRS. MILLS moved that Mr. Gopalakrishna be notified that the water meter in his home was tested and found to be working properly, therefore the water bill cannot be adjusted but must remain the same. Seconded by Mr. Johnson Motion. Unanimously Carried MRS. MILLS moved that the Town Clerk send a letter to Mr. James Napoli, Public Health Engineer of the Dutchess County Department of Health thanking him for the time and effort he put in, on behalf of the Town, to obtain reimbursement on operation and maintenance expenditures for the Town sewer plants, especially the Fleetwood Sewer District, and also a letter to Mr. Joseph Marcogliese, Senior Sanitary Engineer with the New York State Department of Envirofhmental Conservation, thanking him for his cooperation and assistance in obtaining these reimbursements. Seconded by Mr. Johnson Motion Unanimously Carried The Board had received a copy of a letter from Richard Gunthert to U. S. Cablevision and Mrs. Mills, noting that he was present asked that he expand on his letter. Mr. Gunthert explained that U. S. Cablevision plans to offer two Satellite programs on their cable system in April ---ESPN (Entertainment Sports Program Network and USA Network, also a sports program. These combined programs will cost the company 75 per month per subscriber, for which they will charge each customer $4.50 per month plus $3.50 per month for a de -coder channel selector. He is presently checking other cable 2S1 companies to compare their costs for this service. This was prompted by his knowledge of other towns, smaller than this town, who offer many more cable services at a lower cost. These addi- tional services will also be offered by U. S. Cablevision, but the cost to the resident will be prohibitive. He felt the Town should take action and make the cable company aware that we are not going to allow this to happen. The residents, he felt were entitled to these cable services at a nominal cost. The Town could only control the basic rate charge under the existing contract with this company, they have no say in the rate charged for the paid channels. However, they could research state regula- tions to determine if these extra services could be supplied to the consumer at a fair price. Secondly, the Town could consider holding a public meeting to make the residents aware of these facts, bring in the management of the cable company for a discussion on their services, the cost to the public and justification of these costs. They could also consider discussing these problems with other municipalities involved, and possibly take joint action to put pressure on the U. S. Cablevision Company to provide the expanded service available and to charge a reasonable price. MRS. MILLS moved to refer this correspondence to the Cable Committee Chairman, Mr. Charles Cortellino for his review and further discus- sion with Mr. Gunthert, and also referred it to the Attorney to contact the Public Service Commission to determine the legality of Town involvement regarding rates of optional cable services. Seconded by Mr. Johnson Motion Unanimously Carried On the subject of drainage, Mr. Johnson wished to discuss the next step they would have to take in order to proceed with the Hunter Creek Stream Cleaning Project. This was being held up because of three residents' signed releases which to this date they were un- able to obtain. Mr. Adams had indicated that the Highway Depart- ment could claim that this was an emergency situation if it was determined that holding up this project would be detrimental to our highways; this was referred to Mr. Horton for his opinion. Mr. Adams also intended to take additional steps at county level to 1 25? determine if they could proceed with the project without the releases. Mr. Joseph Ryan, a member of the Conservation Advisory Council, was present and asked to speak to the Board. He requested, on behalf of the Council, that the Town conduct their own testing programs for all the Town water systems, to determine the content of organic and inorganic substances present in the water. He distributed pamphlets entitled "Toxic Substance Dilemma - A Plan For Citizens Action", for the Board to peruse. He referred to the Priority Toxic Polluting List under the Clean Waters Act and asked that they use this as a guideline and refer the matter to the appropriate committee. Mr. Johnson informed him that the Town did conduct tests as required by state code, and this was put out to bid since it was over and above the testing normally conducted by the operator of the water plants. He felt that the Water and Sewer Committee could discuss this matter with the operators, with the assistance of the Council, determine what action they would take in this matter. Mr. Diehl then referred it to the Water and Sewer Committee, and Mrs. Mills, as Chairman of that Committee said she would contact Mr. Ryan for further discussion. Two recommendations were received from Mr. Lapar to release retainage fee to Dave Alexander, Inc. for the Angelbrook Estates Alpert Drive to Rockingham Easement (Truett), and Mid -Point Park, Hunter's Creek Storm Sewer Contract. The first amount was $910.75, and $7,778.49 for the second contract. MR. JOHNSON moved that the retainages be released for both contracts to Dave Alexander, Inc. as recommended by Mr. Lapar, and subject to Mr. Horton's concurrence. Seconded by Mrs. Mills Motion Unanimously Carried The Highway Superintendent had advertized for bids on various highway materials and No. 2 fuel oil. Bids were received and opened on February 5, 1981. The following Bid Analysis and recommendations of the Highway Superintendent were received: (Bid Analysis Sheets follow) r,3 MR. VERSACE moved that the bids for highway materials and No. 2 fuel oil be awarded, as recommended by the Highway Superintendent. Seconded by Mrs. Reilly Roll Call Vote: 5 Ayes 0 Nays ( Mr. Johnson voted "Nay" on bid to Goodrich Tire Company due to possible conflict since his son works for the company). Mr. Versace wished to discuss bidding procedures and recommended that the Comptroller institute a program whereby all bids that are pertinent to the following year's budget, be submitted at budget time; he felt this would give them a firmer grasp on the financial situation. The estimates submitted by the department heads using the bidding procedures, could be higher than the actual bid, but on the other hand, Mrs. Mills noted, it could be lower, then the money appropriated wouldn't be sufficient to cover the bid. Mr. Johnson felt it would be impossible to do this; it would be a different story if we worked on a different fiscal year. He did not feel that any company submitting a bid would hold that price from August until the following year. Mr. Versace referred again to the Comptroller being involved in the process --a uniform type of procedure for bidding should be implemented by him. MR. VERSACE moved that the Comptroller become involved with bidding procedures and prepare them at the earliest possible date in conjunction with the preparation of the budget, if it proves to be feasible._ Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes Mr. Johnson --Nay Mrs. Reilly commented that she would second this motion, but she did not know how it was going to work; Mr. Diehl felt that the Comptroller would try to implement this plan and if it was im- possible, he would contact the Board with his recommendations. Two bids were received on Baseball Equipment for 1981 and opened by the Town Clerk on February 5th, 1981, as follows: Letterii Sporting Goods, $3,988.20, and Anaconda -Kaye Sports, $4,005.52. The Recreation Commission recommended that Letterii Sporting Goods be awarded this bid, as low bidder. MRS. REILLY moved that the bid for Baseball Equipment for 1981 be L Jo" the: FUEL OIL TOWN OF WAPPINGER 1981 BID REPORT 254 LOPEZ BOTTINI AGWAY Per Gallon $ 1.09 $ 1.109 $ 1.091 Service each Burner 165.00 57.23 20.00 per hr. The Superintendent recommends the bid for Fuel Oil be awarded to Lopez Oil Company. GASOLINE AGWAY PETROLEUM Per gallon $ 1.107 The Superintendent recommends the bid for Gasoline be awarded to Agway Petroleum Corporation. SALT Per Ton, FOB Per Ton, Delivered CARGILL INTERNATIONAL $ 28.00 34.45 NO BID 36.51 The Superintendent recommends the bid for Salt be awarded to the County Bid at $28.45, and Cargill Salt. BITUMINOUS CONCRETE lA Top, lAC Top lA Binder 2A Binder lA Base Cold Mix DUT.QUARRY SPOOR-LASHER AMENIA S&G PKG. PVMT. per ton $23.50 " 23.50 " " 23.50 rr rr 23.50 It " 23.50 It ft 24.75 $23.60 24.85 23.60 23.60 23.60 24.85 $22.50 $23.50 22.50 23.50 22.50 23.00 22.50 23.00 22.50 22.50 23.50 25.75 The Superintendent recommends the bid for Bituminous Concrete be _ awarded to Spoor-Lasher, Package Pavement and Amenia Sand & Gravel. TIRES AND TUBES (see attached analysis) The Superintendent recommends the bid for Tires and Tubes be awarded to the B.F. Goodrich Tire Company. CULVERT PIPE (see attached analysis) The Superintendent recommends the bid for Concrete Pipe be awarded to Dutchess Quarry & Supply. No bids were received for Asbestos Pipe. 1981 Bid Report (cont.) WASHED SAND (see attached analysis) 2 J The Superintendent recommends the bid for Washed Sand be awarded to Clove Excavators. CRUSHED STONE (see attached analysis) The Superintendent recommends the bid for Crushed Stone be jointly awarded to Southern Dutchess Sand & Gravel and Clove Excavators. RUN OF BANK GRAVEL (see attached analysis) The Superintendent recommends the bid for Run of Bank Gravel be awarded to Red Wing Properties. WASHED GRAVEL (see attached analysis) The Superintendent recommends the bid for Washed Gravel be jointly awarded to Clove Excavators and Red Wing Properties. CULVERT PIPE, PER FOOT ASBESTOS - COATED 12" 16" 18" 20" 24" 30" 36" Coupling e 4ied CONCRETE fer 12" 4.56 15" 18" 8'4% 21" gli 24" 30" ig,53 36" )42.041 43.46 bYSO 19 II BID REPORT, 25G • 19 5/ BID REPORT TRUCK TIRES (NYLON) L78 X 15-4 ply :tubeless L78 X 15-4 ply.tubeless traction 650 X 16-6 ply:tube-type 650 X 16-6 ply tube -type traction 700 X 16-6 ply`tube-type traction 750 X 16-6 plytube-type 750 X 16-8 ply tube -type traction. 750 X 20-8 plytube-type 825 X 20-10 ply tube -type 82 , 20-10 ply tube -type traction > 1 82 ' 20-12 ply tube -type 825 X 20-12 ply.tube-type traction 900.X 20-10 ply tube -type 900.X 20-10 ply tube -type traction 900 X 20-12 ply tube -type 900 X 20-12 ply tube -type traction _000 X 20-12 ply truck .000 X 20-14 ply truck _000 X 20-12 ply truck _000 X 20-14 ply truck L100 X 20-12 ply truck L10 y 20-12 ply truck type type type traction type traction type type traction TIRES AND TUBES ,� +7UrCMe GOOOR I C N 434$1.040 -_ 59. 5.4. qo .87 6,0.23 619q ..- cig• 24 /07.9y I1q, 00 N1 12902- 1),..9.6"8 29 0 .-. . 155 lost 167.. // 171.32 185.410 171.79 / gj . 39 0.11 4521 Sit 25' 5254 /0 /.41q 1(0.09 (23.W J.A. 13 OS. No45- 11.47. 110 5-IU7WWW Al.q, 17G• 6�! 115...f y is/ 4.7 193.q9 IR3.za '4 (NA' 2‘.3 257 • TRUCK TUBES 650 X 16 Truckand Bus Tubes 700 X 16 Truckiand Bus Tubes 750 X 16 Truck1. , and Bus Tubes ....T.6°____ S,q9 825 X 20. Truck. and Bus Tubes /0.72 .22 900 X 20 Truck and Bus Tubes 11.48 . 16.43- _000 t 6S_000 X 20 Truck and Bus Tubes iq, 11. 4.2-7 I&.21/ .22.19 DU1Cµe5 c0o©t ic,4 8410 _100 X 20 Truck and Bus Tubes TRACTOR TIRES 11L X 16-14 pl' 14 K 24-6 ply rear 16eX 24-8 ply TRACTOR TUBES • 14.9 X 24 Farm Service Tubes 16.9 X 24 Farm Service Tubes tt7.21 k.A, /46•21 dSy, io 12.q.33 322.32 33 7s 38,7s- OFF 875 OFF THE ROAD TIRES t 17.5 X 25-12 ply Nylon Tubeless Loader 4'4g.(2- SO S9 20.5 X 25-12 ply Nylon Tubeless Loader °tb0.4$5" 1' 1400 X 24-12 ply Nylon Grader Tube -type 31i,o2. 31/3.07 1400 X 24-12 pLy Nylon Grader Tubeless 320.20 3&11, 20 1400 X 24 Tractor Grader Tube 28 • or 3 i • zr r ROAD SERVICE ; 41/r,3^G fer &kir I•C,av 1 j 2. ov •T20C-1( row t .40 per rn E le over 1 10 0111.01' 00 BIDDER CQ C� _Cu.Yd.FOB L©6� Cu.Yd.Del EXCAvAro s' Ton FOB ...yon Del Cu.Yd.FOB ?EPW/A'6- Su.Yd.Del 110 tt auk acriless Ton FOB Del Cu.Yd.FOB „Cu.Yd.Del Ton FOB Ton Del Cu.Yd.FOB k/010 ,Cu.Yd.Del PCCAV14 mu6 ,Ton FOB ' Ton Del Cu.Yd.FOB Cu.Yd.Del Ton FOB Ton Del /040 Cu.Yd.FOB Cu.Yd.Del BAR 795- 6,0 5;90 - ,53 S93 .'(1*+_ DP1 Cu.Yd.FOB „Cu.Yd.Del J'on FOB Ton Dot E$ENTiNE— CurRoNc" )uTCfi ESS 1 CRUSHED STONE 311 171 11 5u1 311 8 2 8l 47 1'I" 2 " Ings Rank Sand , 4• Tail Run of Watched 1" 3', WASHED GRAVEL BID REPORT 19 TI 1" 5" 3f1 Tail 2 8 7+ 11/2" 21" ingsy 259 awarded to Letterii Sporting Goods, in the amount of $3,988.20, as low bidder. Seconded by Mr. Johnson Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN MILLS who Lmoved its adoption: RESOLVED, that Carol Waddle be and she is hereby appointed to fill the vacancy on the Zoning Board of Appeals of the Town kW of Wappinger which has occurred by reason of the expiration of her term, and it is further RESOLVED, that the said Carol Waddle is hereby appointed to the said Zoning Board of Appeals for a term which shall expire February 1st, 1986. Seconded by: Mrs. Reilly Roll Call Vote: 4 Ayes Mr. Versace --Nay A Public Hearing having been held by the Town Board on February 9th, 1981, on a proposed Local Law Amending Local Law ##2 of 1967, (Water Supply andDistributionSystems), the matter was now placed before them for their consideration. MR. JOHNSON moved to adopt the following Local Law ##2 of 1981: BE IT ENACTED by the Town Board of the Town of Wappinger Dutchess County, New York, as follows: Section 1. Section 15 of Local Law No. 2 of the year 1967 is amended by substituting the following provisions in place of the provisions of that paragraph previously adopted: Any person found to be violating any provisions of this local law or failing to observe the provisions thereof may be prosecuted for such conduct, and upon such conviction shall be guilty of a violation as defined by Penal Law Sect. 55.10, subd. 3. Any person so convicted day be fined in an amount not exceeding $1,000.00 for each violation or be subject to imprisonment for a term not to exceed 15 days or both. Each day in which any violation of the local law shall continue shall be deemed a separate violation. In addition, or in the alternative to other remedies including the foregoing, the Town Board or by any Town officer designated by the Town Board may institute any appropriate action or proceeding to restrain, correct or abate any violation of the local law or to compel compliance with said local law. Section 2. This local shall take effect upon filing with the Secretary of State. Seconded by: Mrs. Reilly Roll Call Vote: 5 Ayes 0 Nays The following Ordinance was introduced by COUNCILMAN JOHNSON: BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: The comprehensive zoning ordinance adopted by the Town Board of the Town of Wappinger on July 9, 1979 is amended as follows: One: The zoning classification 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 by the column labeled as "Minimum Yard (Feet)" under footnote (d) (front yard) 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 to the four (4) permitted principal uses designated therein: That multiple attached or detached uses shall be permitted as follows: Four: There shall be added to permitted accessory uses under Section 421 Schedule of Regulations for Residential District the following permitted accessory use: 11. Off-street parking, subject to the provisions of Section 427 and there shall be added Section 427 as follows: Off -Street Parking in all Residential zones 427.1 Parking spaces, whether open or enclosed, shall be restricted to the parking of private passenger vehicles and one (1) commercial vehicle subject to the following: Commercial vehicle allowed as of right: 427.11 Having a maximum carrying capacity of three-quarter tons, as rated by the National Automobile Dealers Association. 427.112 Having a maximum height from the ground to the highest point of the body not to exceed 8 feet. 427.113 No vehicle shall have any signs, pictures, illustrations, etc., attached to and extending upward, downward, or outward from any part of the vehicle. 427.114 Any advertising, lettering, writing, etc., in whatever form, is to be limited to the two front doors of the vehicle. 427.115 Vehicle cannot be used for obnoxious purposes; cannot be a nuisance nor detrimental to the health, welfare or safety of the community. The applicability of this provi- sion is to be determined by the Zoning Administrator. 427.21 The following commercial vehicles will be permitted to park by first obtaining Special Use Permits. These permits will be issued by the Zoning Boardof Appeals. 427.211 Vehicle with a carrying capacity exceeding three- quarter tons and up to and including two tons, as rated by the National Automobile Dealers Association. 427.212 Vehicle having a height fromthe ground to the highest point of the body in excess of 8 feet. 2t31 427.213 Vehicle with signs, pictures, illustrations, etc. attached to and extending upward, downward or outward from any part of the vehicle. 427.214 Vehicles with advertising, lettering, writing, etc. in whatever form, on places other than the two front doors. 427.31 Any commercial vehicle determined by the Zoning Administrator to be obnoxious, offensive, a nuisance and/or detrimental to the general health, welfare or safety of the community will not be allowed to park either by right or by Special Permits. 427.41 Any vehicle not meeting the standards as being able to park as of right or by Special Permit are prohibited from parking in residential zones. 427.51 From the date this amendment is adopted, all vehicles that require Special Permits will be given 30 day temporary permits, if applied for, by the Zoning Administrator, during which time they shall apply for a Special Permit from the Zoning Board of Appeals. 427.61 All of the commercial vehicles permitted to park either by right or by Special Permit must be parked behind the front building line of the owner's house. If this condition cannot be complied with the Zoning Board of Appeals will be so notified and a Special Permit applied for. It will be at the discretion of the Zoning Board of Appeals to issue or not to issue said permit. 427.2 Only one (1) commercial vehicle will be allowed to park at each house. MR. JOHNSON moved to set a Public Hearing on this Amendment to the zoning Ordinance on Thursday, February 26th, 1981 at 7:00 P.M., Town Hall, Mill Street, Village of Wappingers Falls, New York. Seconded by Mrs. Reilly Motion Unanimously Carried Two transfer requests were received from the Comptroller; the first one was to pay the legal fees and interest charges relating to the Lombardi & Sons, Inc. vs Town of Wappinger judgement and the amount of $2,527.82 was to be transferred from SS5-909, Unappropriated Fund Balance-Wappinger Sewer Improvement #1 to SS5-8110.4, Adminis- tration Contractual Expenses-WSI#1. MRS. MILLS moved to approve this transfer, as requested by the Comptroller. Seconded by Mrs. Reilly Roll Call Vote: 3 Ayes Mr. Johnson --Nay Mr. Versace --Abstain Mr. Johnson commented that he did not agree with the decision. The next transfer was to pay legal and engineering fees for the Central Wappinger Water hearings in 1980, in the amount of $13,986.00 and would be transferred from SW4-909, Unappropriated Fund Balance, CWWI, to SS5-8110.4 Administration Contractual Expenses, CWWI. MR. DIEHL moved to transfer the funds as requested by the Comptroller. Seconded by Mr. Johnson Motion Unanimously Carried The next item on the acceptance of Rose Lane as a Town road was tabled until the next meeting for further review by the Attorney. Under Unfinished Business, Mr. Versace asked the Attorney if he had prepared resolution on the Town requiring cash bonds in lieu of maintenance bonds for the roads, which he had requested at the last meeting. Mr. Adams replied that the information was left with Mrs. Snowden, and also sent to him. Under New Business, Mr. Johnson had a recommendation from Mrs. Snowden that the Town Board authorize a partial enumeration of dogs, due to the complaints she has been receiving; it was further recommended by Mrs. Snowden that this enumeration be done in the Rockingham development. MR. JOHNSON moved that Mrs. Snowden be authorized to conduct an enumeration of dogs in the Rockingham development and the enumera- tors be paid at the rate of $.50 per dog. Seconded by Mrs. Mills Motion Unanimously Carried Mrs. Mills asked that a report be given to the Board on this enumeration so they could determine if it was feasible to conduct further enumerations. MRS. REILLY moved to adjourn the meeting, seconded by Mrs. Mills and carried. The meeting adjourned at 11:00 P.M. Reg. Mtg. 2/9/81 Elaine H. Snowden Town Clerk