Loading...
1981-01-12 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JANUARY 12, 1981 • SUPERVISOR CALL MEETING TO ORDER . ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes 4. REPORTS OF OFFICERS: Town Justices Hydrant report t 215 Bldg/Zoning Rec. of Taxes Compt/Sup thru 11-30-80 'j"c4a-EA/ J 2e Pa4.is: !Din8,11 l3ppe•'tS 5. PETITIONS & COMMUNICATIONS a. Aquatine Environmental Services re: Pye Lane pipe cleaning b. Report from Wm. Horton re: Ketchamtown Rd. c. Attorney to Town re: Taxes due on Rec. Area - Schoonmaker d. Attorney to Town re: Acceptance of Town Rds. e. Memo from Sup. Diehl re: Truck Parking Problem f. Memo from Sup. Diehl re: Oakwood water - Break in water line at 43 Robert Lane g. Article 78 proceedings served - DWS vs Town h. Memo from Mr. Johnson re: Zoning requests e ./10 'z cc,:r to /rt.►gg-4p g i�', 1-7)-LA-t`12.cae-4 4'v:trrc: 6. COMMITTEE REPORTS �`ct'. 7. RESOLUTIONS • YIs 1 - n1 a. Authorize Supervisor to sign Agreement for "Safer Road and Street Program b. Local Law #2 of '81 Amending Local Law #2 of'67 c. Authorize Supervisor to sign Sloper-Willen Contract d. Vacancy on Planning Board - Dr. Millers term expired 1 18. UNFINISHED BUSINESS Schedule of Paid Holidays for Full time Town Employees 9. NEW BUSINESS JOS. 'r;,.,- '10. ADJOURNMENT It 21G The Regular Meeting of the Town Board of the Town of Wappinger was held on January 12, 1981, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:05 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Supervisor Diehl asked the public to pledge allegiance to the Flag. All stood and said the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of December 8, 1980, having previously been sent to all Board Members, were now placed before them for their consideration. MR. JOHNSON moved that the minutes of the Regular Meeting of December 8, 1980, be and they are hereby approved, as 4uiimitted by the Town Clerk. Seconded by Mrs. Reilly Motion Unanimously Carried Reports for the month of December were received from the Building Inspector/Zoning Administrator, Receiver of Taxes, Hydrant Report from the Highway Superintendent, Comptroller/Supervisor through November 30, 1980, and the Year EnReports from the Planning Board and the Zoning Board of Appeals. Mr. Johnson noted that on Page 2 of the Hydrant Report, Item #2 referred to an underground leak at the hydrant in front of 12 Rowell Lane and at 20 Dorrett Drive a tag- was attached to the hydrant for some timef, no action had been taken in either case. He asked Mr. Lapar to check out these items and report to the Board so they would take action to correct them. MR. JOHNSON moved to accept the reports above mentioned, and place them on file. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from Aqualine Environmental Services, Inc. 21'7 referring to a proposal that had previously been submitted on water main cleaning at Pye Lane, and asking the Board if they were still interested in pursuing this project. Mrs. Mills noted that tests were being conducted by Camo Pollution in that area for a 60 day period and before any action could be taken, a report would have to be submitted by them. MRS. MILLS moved that the letter be received and placed on file, and the company be notified that the Town is not considering the work at this time but will keep their company on file.for future reference. Seconded by Mrs. Reilly Motion Unanimously Carried A report was received from the Highway Superintendent regarding a previous request from the Town Board to "stripe" Ketchamtown Road in an effort to alleviate problems the residents of the area were experiencing. The report read as follows: December 23, 1980 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Dear Board Members: Regarding Ketchamtown Road, the county has installed a "STOP" line at the intersection of Ketchamtown Road and Osborne Hill Road. Any further striping would defeat the purpose as school buses, trucks, etc., would cross the lines in a normal turning pattern. The biggest thing is the "NO PARKING" signs, which should be enforced, making itppossible for cars travelling Ketchamtown Road to remain on their own side. Very truly yours, s/ William P. Horton Mr. Diehl commented that both the State Troopers and the Dutchess County Sheriff's Office had been alerted of the violations of the No Parking signs in that area. Mr. Horton had been requested, at the last meeting to stripe'Ketchamtown Road, as had been recommended by the County, and if the equipment was not available, he was given the authority to contract with the county, the school district or a private firm. Mr. Diehl felt that the original motion of striping 3 L i ... 218 Ketchamtown Road should be reaffirmed and asked for comments from the Board. MRS. MILLS moved that the original motion of striping Ketchamtown Road as recommended by the County still stands, and Mr. Horton be so notified. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Mr. Adams referencing a letter from the Commissioner of Finance dated October 31, 1980 on delinquency in taxes for a piece of land which was deeded to the town by Schoonmaker for recreational use. It was now after the fact since Mrs. Snowden had been informed by the Comptroller that he had paid the taxes. Mr. Diehl said that the Assessor had been requested to take this parcel off the tax roll so they would not run into the same problem next year. This promiked a discussion from Mr. Versace on the extent of the authority of the Comptroller without Town Board approval. He agreed that these taxes should be paid but his con- cern was the action of the Comptroller which .he assumed should have had approval of the Board. Mr. Adams responded that the Comptroller has the power to pay any claims he believes to be a lawful one, and therefore, acted under that assumption. In the event the Town Board had decided to take legal action in this matter, what position would the Comptroller be in, was the next question of Mr. Versace's. Under those circumstances, Mr. Adams answered, the Board would have given direction to the Comptroller and he in turn would withhold payment until the Board had decided the course of action they would pursue. Further discussion followed and Mr. Adams brought out the fact that a possible tax sale was avoided due to this payment, and in this instance, the procedure was proper. MR. JOHNSON moved that the Supervisor direct the Comptroller to advise the Town Board of any future payments on items of possible litigation prior to his action. Seconded by Mrs. Mills Motion Unanimously Carried ti3 MR. JOHNSON moved to receive the communication from Mr. Adams and place it on file. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Adams wrote to the Town Board on the procedure Of the acceptance of Town Roads which contained no standard check list to coordinate activities when a road is tendered for dedication. Mr. Lapar followed through with a suggested list of nine items for this check list. MR. JOHNSON moved that the check list suggested by Mr. Lapar be referred to Mr. Adams and Mr. Horton for their review and recom- mendation to the Town Board for future implementation. Seconded by Mr. Diehl Motion Unanimously Carried A memo was received from Mr. Diehl on the subject of truck parking problems in the Town, and Mr. Johnson asked that this matter be addressed under zoning requests which appeared later on the agenda. A second memo from Mr. Diehl was in regard to trucking water to replenish the water storage tank at Oakwood Knolls. This occurred on Monday December 29, 1980, and again on Tuesday night and Wednesday morning. Upon investigation, Camo Pollution Control found a major break in the system at 43 Robert Lane. Mr. Diehl further reported that it was necessary for Camo to enter this residence accompanied by the State Police, as the owners were away and could not be contacted. Repairs were made and the water was shut off, but as of tonight, the residents have not been reached. Mrs. Mills then stated that she had a report on this district she would like to present at this time, rather than wait until Committee Reports. As they all knew, the Oakwood Knolls District was having a supply problem and trucking water was getting to be an expensive proposition. She reported that Well ##1 was producing 16 gallons per minute and Well #2 was not producing any water. Her proposal was to extend the water mains from Spook Hill Road L 220 to the Oakwood Subdivision, thereby protecting those residents with a water supply, perhaps utilizing existing hydrants which would give them fire protection, and a saving on insurance. MRS. MILLS moved that the Engineer to the Town be directed to work up a cost estimate to run the water main from Spook Hill Road under Myers Corners Road to the Oakwood Knolls Subdivision. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes Mr. Versace --Nay Before the vote was taken, Mr. Versace stated that he agreed the Oakwood Knolls Water District was having problems, in fact, all of New York State was having these problems, and he expected it would continue for a length of time, however, before such monies were expended, he felt the residents of Oakwood Knolls should have a say in the matter. If this avenue was pursued, they would become a tenant to the district and the residents had not petitioned the Town Board to take such steps. In addition to the one water break mentioned by Mr. Diehl, there was another one under the same cir- cumstances, so as fast as the water was trucked in they were losing it. Although Mrs. Mills pointed out that her motion was merely for a cost estimate and would not cost the district any money, Mr. Versace could not be swayed from his opinion that the Oakwood Knoll residents should be consulted. Discussion ensued with all Board members on the pros and cons of this action and the four members in favor of it pointing out it was only a request for a cost estimate. Mr. Versace, however, could see no point in Mr. Lapar spending time on this work when eventually the developer of the Spook Hill area would have to put in lines for further construction. A meeting has been planned for the 22nd of January with the developer of a possible conserva- kW tion density subdivision and it was his opinion that they should wait until the developer reveals his engineering proposals for this project before they take any action. Mr. Lapar indicated that there would be no additional cost to the Town for this study, and Mr. Diehl suggested that he work on this study with the assumption that the lines could be shortened when the subdivision puts in their lines, and the Town could possibly tie into these new lines. Mr. Johnson recommended that Mr. Lapar proceed and report to the Town with the figures and if and when they are needed, they would be available for them, and no expense would be incurred for this work. Mr. Lafko, being recognized by the Chair, suggested that since he was installing a water tank on the Marshall property which was within 800' of Oakwood Knolls, Mr. Lapar could submit a cost estimate on this route,, as well as the proposed area in the motion. Mr. Incoronato was then recognized by the Chair, and repeated his suggestion made at the Public Hearings of the Water and Sewer Districts, that a U.S.G.S. hydrologic study of the Town be con- ducted by the Town, especially in view of the fact that Tall Trees was having a problem, and now Oakwood Knolls was also experiencing a shortage. He quoted a cost of $6,000 paid by the Town of Fishkill for this study conducted approximately five or six years ago, and urged the Town to move in this direction and find out exactly what our water resources were. An Article 78 Proceeding had been served on the Town by DWS New York Holdings, Inc. and this matter was placed before them for their consideration. MR. JOHNSON moved that this matter be referred to the Attorney to the Town. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Lafko, being recognized by the Chair, asked if there was a copy of these proceedings on file and was told by Mrs. Snowden that it was on file. He then asked what it was all about and was told by the Attorney that it was actually against the New York State Depart- ment of Environmental Conservation and the relief they were asking for does not involve the Town. A memo was received from Mr. Johnson regarding various rezoning requests. Mr. Johnson explained that at their December 15th Work Shop Meeting rezoning requests from Megtam, Bazley and Guarino which had been previously submitted to the Ordinance Committee, were discussed. All available information had then been forwarded to the full Board plus a request on recommendations from Mr. Gunderud with regard to regulating Off Street Parking. Mr. Gunderud had found `222 an omission, sub.letter._''d'', on back of Zoning Map.' Under Shopping Centers, specific words "Shopping Centers and Neighborhood Business were Multiple Use Districts" were not included in the schedule. At this time he wished to refer these to the Attorney for preparation which would then be presented to the Board for their review and consideration of public hearings. MR.JOHNSON moved to refer these rezoning requests and other recommendations to the Attorney to prepare the necessary forms to present to the Town Board for their consideration of action to set public hearings on same Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Versace commented that he had researched the Bazley property and found that the person who lived there previously had requested and received a Special Use Permit to operate a nursery. The property was never a commercial piece of property; it is residential parcel bordering a residential area and if the Board was considering rezoning this to commercial, it would not conform with the surround- ing area. The Bazley's bought the home and operated the nursery under this permit, but the nursery has not been operating for the last three years. A letter was received from Mr. Lapar addressed to Mr. Tremper of Camo Pollution regarding Well #2 of the Tall Trees Water System. Mrs. Milts then set a meeting of the Water Committee to discuss the problems of the Tall Trees Water District with Mr. Lapar and Mr. Tremper on January 15, 1981 at 11 A.M. Mr. Versace felt that the residents of Tall Trees should be invited to sit in at this meeting as they did express concern at the Public Hearing; one resident, Mr. Lazenka had asked the financial status of this district. Mrs. Mills agreed that they should be aware of the existing problems, but first she. wanted to compile all the infor- mation, then contact the residents and set up a meeting with the full Board. A letter was received from Mr. Gopalakrishna requesting an adjust- ment in his water bill since he felt it had increased drastically in 1980. He had contacted Mr. Cuatt who had sent him copies of 223 his bills since 1975. The resident thought perhaps it was a meter malfunction since there were only two people in the home, they were not heavy water consumers and his life pattern had remained the same. He compared a water usage in previous years at 12,000 cubic feet with the amount of 30,000 cubic feet for the nine months of 1980. Mr. Johnson recommended that this should be referred to Camo Pollution and also to the Comptroller for review and recommendation. Mr. Diehl requested that Mrs. Mills discuss this matter with Camo and Mr. Cuatt at the meeting she had previously set to discuss Tall Trees water problem, and the resident be notified that this is being researched by the Water and Sewer Committee. Under Committee Reports, Mr. Versace reported that a work order had been received from Central Hudson for the street lights that had been requested at both ends of Blackthorn Loop and Myers Corners Road, and these lights would be installed as soon as possible. However, he had had no reply from them on the cost of operation and maintenance for a street lighting district in Panoram Acres. He asked the Town Clerk to contact them for this information, and when asked if he had received anything on the street lights for Kent Road, he replied that he had not. A memo was received from Mr. Cuatt with information on the Safer Road and Street Program. If they wished to consider this program, it would be necessary to authorize the Supervisor to enter into a contract that would commit the Town to an expenditure of $76,064.00, however, $57,000.00 of this amount would be eligible for refunding, so the actual expenditure would be $19,016.00. Mr. Horton had already recommended the work that would be done under this program, namely, redoing the bridge on Widmer Road, and upgrading our traffic control lights. As outlined by the Comptroller, approximately $13,000.00 of the Town's share of this program would be appropriated from the downstream drainage fund and the balance from the traffic control account. MR. JOHNSON moved that the Supervisor be authorized to sign the agreement between the County and the Town of Wappinger for the Safer Local Roads and Streets Program. Seconded by Mrs. Mills Motion Unanimously Carried • 224 A Public Hearing having been held by the Town Board on a proposed Local Law Amending Local Law #2 of 1967, (Water Supply and Distribution Systems), the matter was now placed before them for their consideration. Mr. Johnson commented that a question of the legality of the maximum fine that could be imposed came up at the Public Hearing. MR. JOHNSON moved that this matter be referred to the Attorney for review and recommendation on the maximum legal fine that could be imposed for violation of Local Law ##2 of 1967, in order that the Town Board could act on an amendment to this law. Seconded by Mrs. Mills Motion Unanimously Carried The Sloper-Willen Ambulance Co. Contract was placed before the Board for their consideration. However, the Board wanted to know the dollar figure for the Town of Wappinger and compare it to the Town and Village of Fishkill, since they do not make a contribution to the ambulance company. Mrs. Mills noted that the Board had asked other questions at the budget work shop session that have not yet been answered. Mr. Diehl asked that this matter be considered at the next meeting if the information requested had been received. A vacancy still existed on the Planning Board and a recommenda- tion was received from them to appoint Edward Hawksley. MR. VERSACE moved that Edward Hawksley be appointed as a member of the Town of Wappinger Planning Board. Motion Failed for Lack of a Second The following Resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, THAT William T. Parsons be and he is hereby appointed to fill the vacancy on the Planning Board of the Town of Wappinger, and it is further RESOLVED, that the said William T. Parsons is hereby appointed to the said Planning Board for a term which shall expire on January 1, 1988. Seconded by: Councilwoman Reilly Roll Call Vote: 4 Ayes Mr. Versace --Nay Earlier in the meeting, Mr. Adams had been asked to recommend, after researching, the maximum legal fine that could be imposed for violation of Local Law *2 of 1967. Mr. Diehl said he would like to set a special meeting for the purpose of acting on the amendment to this Local Law, and asked that a motion be made setting the date for said meeting. MR. JOHNSON moved that a Special Meeting be set for January 19, 1981 at 6:45 P.M. for the purpose of acting on the Amendment to Local Law #2 of 1967. Seconded by Mrs. Mills The Schedule of Town of Wappinger Paid Holidays for the Year 1981, which had been tabled from the Reorganizational Meeting, was now placed before the Board for their consideration. A memo to the Town Board from the employees was also presented requesting that Lincoln's Birthday, February 12th, be designated as a floater, and each January another day that the employees preferred would be submitted to the Town Board for their approval. In addition, they requested that the Friday after Thanksgiving become a permanent holiday in lieu of Election Day. Mrs. Snowden then brought to their attention that this year July 4th falls on a Saturday, and asked the Board which day they would prefer to designate as the holiday ---Friday, July 3rd or Monday, July 6th. The Board agreed that Friday, July 3rd, 1981, should be designa- ted as the July 4th holiday for 1981. MR. JOHNSON moved to approve the following scheduly of holidays for 1981: SCHEDULE OF TOWN OF WAPPINGER PAID HOLIDAYS FOR THE YEAR 1981 New Years Day Washington's Birthday Good Friday Memorial Day Independence Day Labor Day January 1, 1981 February 16, 1981 April 17, 1981 May 25, 1981 July 3, 1981 September 7, 1981 1/ Columbus Day Veterans Day Thanksgiving Day Friday Following Thanksgiving Day Christmas Eve Day Christmas Day October 12, 1981 November 11, 1981 November 27, 1981 November 28, 1981 December 24, 1981 December 25, 1981 Applicable to all full time employees of the Town of Wappinger. **Friday, the day after Thanksgiving has been permanently substituted for Election Day. ***Lincoln's Birthday is hereafter designated as a floating Holiday. At the request of employees each January, this date may be substituted for an alternate day. (For the year 1981, Christmas Eve Day has been substituted for Lincoln's Birthday by Town Board approval). Seconded by: Mrs. Reilly Motion Unanimously Carried A memo was received from Mr. Diehl re "Clean Hunters Creek by Dutchess County Department of Health, upon receipt of hold harmless signed documents by adjacent land owners': Three people had not responded to the two requests sent from the Supervisor's Office. This was holding up the project and since it was to the Town's advantage for the County to start this project due to the fact that it would be no cost to the Town, Mr. Johnson thought perhaps the "emergency powers" of the Supervisor could be applied and the project could possibly commence without the signatures of the abutting owners. There might be a possibility that the Town did not need these releases and the County could approach the stream from the other side. He recommended that the Attorney research this matter. MR. JOHNSON moved that this matter be referred to the Attorney to the Town for his review and recommendation. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Lafko was recognized by the Chair before the vote was taken on this motion, and he suggested another alternative to cleaning the creek which could be paid for from Waldbaum's downstream 226 4'7 drainage fee, plus the possibility of aid from the state. Under New Business, Mrs. Snowden informed the Board she had had a letter from a Mr.Joseph Prokop regarding the possibility of a credit union for Town employees. He wished to discuss this with the Board at their January 12th meeting, however it was a late communication and Mrs. Snowden suggested that he contact the Comptroller and arrange a meeting with him and if it appears there would be interest in the program, a meeting could then be arranged with the Town Board. Mr. Lafko had another item of information to offer to the Board, and was recognized by the Chair, and informed the members that if Tall Trees still had a problem, a 25,000 gallon storage tank was available at 25% of the cost, and there would be no time delay. Mr. Versace had another subject to bring up ---that of correspond- ence received from the Attorney regarding the bonds on Serenity Mission, both the maintenance bond and the water service bond. The correspondence is marked "confidential", and cannot be brought up at a public meeting, which hinders him from pursuing the avenue he wants to pursue. Whenever he asks the Attorney for an opinion, it is always answered in this manner, even though it is already a public record. He took exception to the fact that everything is marked "confidential" and he felt it should be open to the public. Mr. Adams responded that if it is in the best interests of the Town, as he sees it, he marks the correspondence as such, and the Town Board, if they so desire, can collectively waive this marking. Anytime there is litigation involved, or possible litigation, Mr. Adams felt his opinion and any facts he may divulge should be confidential. Mr. Lafko asked to speak again and was recognized by the Chair, and produced copy of a contract showing he was the sole owner of Atlas Water Company, having bought out Dave Alexander's share. Mr. Versace then referred to correspondence received from Mr. Lapar referencing cash bonds for completion of subdivision roads. At one time this was the policy of the Town, but in the case of Serenity Mission, the courts ruled in their favor. He would like to see this policy implemented again and asked that the Attorney research this matter with the proper agencies. MR. VERSACE moved to request that Mr. Adams prepare a resolution to the proper agencies in order that the Town Board can again implement the policy of requiring cash bonds in lieu of main- tenance bonds for the roads, and further request the Senator - and Assemblyman representing our district to support this action. Seconded by Mr. Johnson Motion Unanimously Carried MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Mills and unanimously carried. The Meeting adjourned at 9:20 P.M. c,. Elaine H. Snowden Town Clerk Reg. Mtg. 1/12/81