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1979-11-14 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER NOVEMBER 14, 1979 48 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES October 10, 1979 Reg. 4. REPORTS OF OFFICERS Town Justices Bldg/zoning Receiver of Taxes Hydrant Report Anm:A‘Av:Aoc1/4,1.4v-: U.S. Cablevision Report 5. PETITIONS & COMMUNICATIONS a. Harold Selkow re: request for street light at Myers Corners and Henry Drive b. Chas. Mazzeo re: requests a street light on pole near his driveway -Bungalow Lane c. U.S. Cablevision application for renewal & amendment of Franchii d. Joseph Sarubbi interested in purchase of Town Property on Rte 5 that he is presently renting (Village) e. L. Pattison, Co. Exec. re: inorganic Landfill at Airport f. R.E. Lapar re: Mina Drive Service leaks g. Attny to Town with recommendation concerning Performance Bonds h. Ping. Bd. re: offer of Lafko to pay to have Cranberry plans & profiles evaluated by another Engineer i. Ping. Bd. re: Drainage report on Cranberry Submitted by John E. MacDonald j. Vacancy on Ping. Bd., w/communication from Ping Bd. of interested persons k. Vacancies on Con. Adv. Council w/communication from E. Hawksley of interested persons 1. Vacancy on Board of Assessment Review -S. Manners term:expired m. Application for Peddlers License - Don Archer n. Wilson Excavators re: CWW Imp., Hilltop Well #5 up -date o. R.E. Lapar re: release of final retainage for Wilson on Hydrant Conlm.ct #10 p. John Nelson re:letter of appreciation to Mr. Horton q. Dept. of Interior on Castle Point re: Landfill r. Chugranis unpaid 1975 Taxes on Recreation land 6. REPORTS OF COMMITTEES 7. RESOLUTIONS a. Adopt Budget for 1980 b. adopt Local. Law for Scenic Gardens on Parking c. Relevy of unpaid Sewer and Water Rents --d Conaid_er.eln_oteass-of—penalty--on-u-npaid-waterl &-zSewer, xen e. Rosen, Crane, & Wolfson re: Tax review -Central Dutchess f. Philip Pessia request for refund of Fleetwood S & W District penalty g. Stanley Porco request refund of Tax penalty h. Proposed Ordinance for Water & Sewer Repairs i. Amend Local Law #2- ' 77 SEQRA j. Amend Local Law #5-'75 to increase Commercial rates for CWW 8. UNFINISHED BUSINESS a. Gregory Sarno re: Dana Place Drainage Problem b. Add'l part time clerical employee for Town Justices 9. MEW BUSINESS 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on November 14, 1979 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:10 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Absent: Nicholas Johnson, Councilman Others Present: Jon Holden Adams, Attorney The Minutes of the regular meeting of October 10, 1979, having previously been sent to the Town Board members, were now placed before them for their consideration. MRS. REILLY moved that the Minutes of the regular meeting of October 10, 1979, as submitted by the Town Clerk, be and they are hereby approved. Seconded by Mrs. Mills Motion Unanimously Carried Reports were received from the Town Justices for September and October, Building Inspector and Zoning Administrator for October, Receiver of Taxes for September, Hydrant Report from the Highway Superintendent for October, the Annual Historian Report and U. S. Cablevision Quarterly Report. MRS. MILLS moved that the above mentioned reports be accepted and placed on file. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Harold Selkow requesting a street light at the intersection of Henry Road and Myers Corners Road. COUNCILWOMAN MILLS moved that this request be honored and the Town Clerk contact Central Hudson to install this light, and Mr. Selkow be notified of this action. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Jensen then commented that several months ago he had asked that a street light be installed at the intersection of Alpert Drive and All Angels Hill Road. It has not yet been installed. The Town Clerk had sent in the request to Central Hudson and had contacted Mr. Crans since the last meeting. The work order was received back in July and Mrs. Snowden had left a message for him asking him to check on that work order but had not received a reply from him. MR. JENSEN moved that another letter be sent to Mr. Crans asking why this hasn't been completed, what seems to be the delay in installing a light at the intersection of Alpert Drive and All Angels Hill Road. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Charles Mazzeo, a resident on Bungalow Lane, wrote to the Board requesting a street light on the pole near his driveway due to thefts at his home and other incidents that he felt had occurred due to the insufficient lighting. Mr. Diehl explained that this area would not qualify for a street light as it was a Town road intersecting with another Town road, not a County road. MRS. MILLS moved that a letter be sent to Mr. Mazzeo explaining that the Town could not honor his request due to the fact that this area did not qualify for a street light, according to the law. Seconded by Mrs. Reilly Motion Unanimously Carried An application was received from U.S. Cablevision Corp. for a renewal and amendment of the cable television franchise. MR. JENSEN moved that this be referred to Mr. Cortellino, Chairman of the Cablevision Committee and to Mr. Adams for review and recommendation. Seconded by Mrs. Mills Motion Unanimously Carried 06.4 Mr. Joseph Sarubbi, tenant of the building on Route 9 which was donated to the Town, wrote to inquire about the purchase of this building by him. MRS. REILLY moved that this communication be received and placed on file and that this be referred to the House Committee to look into the possibility of selling the property to said gentleman. Seconded by Mr. Jensen Motion Unanimously Carried The following letter was received: October 29, 1979 Elaine H. Snowden, Town Clerk Town of Wappinger Mill Street Wappingers Falls, NY Dear Mrs. Snowden: I am in receipt of your letter of October 15th from the Wappinger Town Council opposing the in -organic landfill at the Dutchess County Airport. Please advise the Town Council that I met with representatives of the surrounding municipalities on October 18th in this office including Supervisor Diehl. I shared with them the cost analysis and financial alternatives prepared at my request by the Dutchess County Attorney's Office and the Commissioner of Public Works. The concensus of the assembled group was that the municipali- ties wished to take the information back to their respective Boards and Councils for further discussion. We agreed to convene again no later than the third week in November so that the municipalities can more fully share the concensus they have come to. Yours truly, s/ Lucille P. Pattison MRS. MILLS moved to reconfirm the objection of the Town Board of the Town of Wappinger to any landfill in the Town of Wappinger. Seconded by Mr. Jensen Motion Unanimously Carried MR. JENSEN moved that a second letter be sent to the County Executive and the Department of Health with copy to Mr. Spratt, Commissioner of Public Works, along with copy of the first letter, expressing concern over the uncovered bale site at the airport and request immediate attention to this matter. Seconded by Mrs. Mills Motion Unanimously Carried A report was received from Mr. Lapar re Mina Drive Service Leaks, Frank Bartolomeo, Developer and he recommended that this developer be backcharged for water use from the time he was notified of the leaks. Mr. Diehl reported that Mr. Adams had contacted Mr. Bartolomeo's attorney and they reached an agreement whereby he would repair the leaks as listed. It was Mr. Diehl's understanding that these leaks were in the process of being repaired. A recommendation was received from Mr. Adams requiring that all performance bonds in the future contain a provision that not only will the surety company pay the penal sum of the bond but also pay all reasonable attorney's fees incurred by the town if it is necessary to obtain payment of the bond. MR. JENSEN moved that the future policy contain a provision that all costs be borne by the developer when it becomes necessary to retrieve monies from performance bonds, as recommended by the Attorney, in his letter dated October 29, 1979. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from the Planning Board re additional review of drainage plans and profiles for the Cranberry Hills Project and an offer from Mr. Fred J. Lafko to pay for same. MR. DIEHL moved that no further studies were necessary for the Cranberry Hills project and this offer be declined. Seconded by Mrs. Reilly Motion Unanimously Carried The Planning Board forwarded a drainage report on the Cranberry Hills Project submitted by Dr. John MacDonald. MR. JENSEN moved that this report be received and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED, that Jay Rubenstein be and he is hereby appointed to fill the vacancy on the Planning Board of the Town of Wappinger which has occurred by reason of the resignation of James Porter, and it is further RESOLVED, that the said Jay Rubenstein is hereby appointed to the said Planning Board for a term which shall expire on the 1st day of January, 1985. Seconded by: Councilwoman Reilly Roll Call Vote: 4 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN REILLY who moved its adoption: RESOLVED, that Joseph Ryan be and he is hereby appointed to fill the vacancy on the Conservation Advisory Council of the Town of Wappinger which has occurred by reason of the resignation of Dennis Bryers, and it is further RESOLVED, that the said Joseph Ryan is hereby appointed to the said Conservation Advisory Council for a term which shall expire on the 1st day of July, 1981. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN REILLY who moved its adoption: RESOLVED, that Jeanne Ryan be and she is hereby appointed to fill a vacancy on the Conservation Advisory Council of the Town of Wappinger, and it is further RESOLVED, that the said Jeanne Ryan is hereby appointed to the said Conservation Advisory Council for a term which shall expire on the 1st day of July, 1981. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays A vacancy existed on the Board of Assessment Review due to the expiration of Mr. Manners' term. MRS. MILLS moved that this appointment be tabled until the next meeting. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes 0 Nays An application for a Peddlers License was received from Don Archer for a flower stand. MRS. REILLY moved that the application for a Peddlers License be approved and issued to Don Archer to sell flowers in the Town. Seconded by Mrs. Mills Motion Unanimously Carried Mr. William Koch, Project Manager of Wilson Excavators, Inc. wrote to Mrs. Snowden regarding cost adjustment increases on Central Wappinger Water Improvement Hilltop Well #5, Construction and Connection. MR. JENSEN moved to receive this letter and place it on file and further moved that a letter be sent to Mr. Koch informing him that there will be no activity on this project this year. Seconded by Mrs. Reilly Motion Unanimously Carried A report was received from Mr. Lapar recommending final retainage payment to Wilson Excavators on Hydrant Contract ##10 since the one year guarantee period for work performed has been successfully completed; the amount was $5,770.49 MRS. MILLS moved to release the retainage fee in the amount of $5,770.49 to Wilson Excavators, Inc. for Hydrant Contract ##10, as recommended by Mr. Lapar. Seconded by Mrs. Reilly Motion Unanimously Carried The following letter was received: November 3, 1979 Town Clerk Town of Wappinger Wappingers Falls, N.Y. re: Bill Horton, Highway Superintendent Dear Elaine Snowden: It is with great ease that we always lodge complaints but always great difficulty to say a simple thanks. Therefore, I for one would like to take this opportunity to express our sincere thanks to Bill Horton and his capable highway crew for a job well done in the blacktoping of Sky Top Drive in Chelsea on the Hudson. We are certainly looking forward I -Jo a winter requiring less attention from Bill and his crew due to the new drainage system they installed, and the macadam surface should provide improved traction for our cars. Again, thanks Bill to you and your crew for a job well done. Very truly yours, s/ John W. Nelson, Jr. MRS. MILLS moved that this letter be received and placed on file. Seconded by Mrs. Reilly Motion Unanimously Carried r A letter was received from Attorney Jon Adams enclosing a letter from the Department of Interior granting approval for the landfill at Castle Point. He recommended that a letter of thanks be sent to the Department of Interior. MR. DIEHL moved that a letter be sent to the Department of Interior conveying the appreciation of the Town Board for their cooperation and approval of the landfill site at Castle Point for use by the Town for clean-up days, and direct this to the attention of Ronald Pyle, Chief of Federal Services. Seconded by Mrs. Mills Motion Unanimously Carried Another letter was received from Mr. Adams on unpaid 1975 Town and School Taxes, former property of Chugranis, which was dedicated to the Town for recreation as required by Planning Board. These taxes were from the 1974 assessment roll and at this time the property was still privately owned. MR. DIEHL moved that this matter be referred to the Attorney for advice and recommendation and a report for the next meeting. Seconded by Mrs. Mills Motion Unanimously Carried Under Committee Reports, Mr. Jensen had no report on Tri -Municipal other than commenting there would be a meeting on December 6, 1979 at which time the EPA will disclose the three proposals they are recommending for the study area. Mrs. Mills reported on pickup hours of certain refuse carters in thol the town which were, she felt, an imposition to the residents of these areas. MRS. MILLS that a letter be sent to the refuse carters servicing the town requesting that they change the hours of their pickups from 3 A.M. to a suggested time of 6 A.M. since this early hour pickup is inconsiderate to the majority of residents in these areas. Seconded by Mrs. Reilly Motion Unanimously Carried MRS. MILLS moved that a letter be sent to Mr. Horton, Highway Superintendent requesting that he place reflectors on Widmer Road, south of the Villa Borghese and south of Wildwood Drive to warn motorists of bad curves ahead. Seconded by Mrs. Reilly Motion Unanimously Carried MRS. MILLS moved that a letter be sent to Mr. James Spratt, Commissioner, Dutchess County Department of Public Works requesting that his department place reflectors warning motorists of approaching curves on Myers Corners Road, past Brothers Road, going east and New Hackensack Road, west of the delicatessen near Cedar Knolls. Seconded by Mrs. Reilly Motion Unanimously Carried A Public Hearing having been held by the Town Board of the Town of Wappinger on November 12, 1979, on Local Law #8, 1979, Prohibiting Parking or Standing by Motor Vehicles in Fire Lanes or Safety Lanes Maintained by Scenic Garden Apartments, the matter was now placed before them for their consideration. MRS. REILLY moved to adopt the following Local Law *8 of 1979: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. There shall be no parking or standing by any motor vehicle in lanes marked fire lanes, safety lanes, or areas marked "No Parking" within those parking areas and driveways maintained by Scenic Garden Apartments, its successors, or assigns. Section 2. It shall be the responsibility of the owner of Scenic Garden Apartments, its successors or assigns to construct and maintain signs and other markings appropriate to identify fire lanes, safety lanes, or areas marked "No Parking" 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. Section 3. Any motor vehicle found standing or parked within an area designated as a fire lane, safety lane, or area marked "No Parking" 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. Seconded by: Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays 9 57 There was no action taken on the adoption of the 1980 Budget. Mr. Diehl set a Special Meeting for November 19, 1979 at 7:00 P.M. for the purpose of acting on the adoption of the 1980 Budget. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED, that all delinquent water and sewer bills in arrears as of November 30, 1979 in: Oakwood Water District, Central Wappinger Water Improvement Area, Fleetwood Water District, Tall Trees Water Improvement Area, Wappinger Sewer Improvement ##1, Wildwood Sewer District, Rockingham Sewer District, Mid -Point Park Sewer District, Fleetwood Sewer District, Watch Hill Water District and Ardmore Water Improvement Area, in the Town of Wappinger, be forwarded to theCounty of Dutchess to be placed on the Tax Rolls of 1980. A list of all delinquent charges will be forwarded to the County on November 30, 1979. Seconded by: Councilwoman Reilly Roll Call Vote: 4 Ayes 0 Nays The following resolution was offered by COUNCILMAN JENSEN who moved its adoption: BE IT RESOLVED, that Rosen, Crane and Wolfson is hereby directed to execute a consent judgment settling the Central Dutchess Nursing Home, Inc. against Wappingers Central School District and the Town of Wappinger tax certiorari, a copy of which is attached hereto and made a part thereof, and that Rosen, Crane and Wolfson is authorized and directed to settle the above captioned proceeding pursuant to theterms of said judgement. Seconded by: Councilwoman Reilly Roll Call Vote: 4 Ayes 0 Nays A request was received from Philip Pessia, 16 Ronsue Drive for refund of a $15.44 penalty charge which he felt was reasonable. Mr. Diehl commented that due to the circumstances ---that being a lack of communications, misunderstandings, delays, lack of response from Camo on reliability of water meter etc., he would recommend a refund to Mr. Pessia. MR. DIEHL moved to refund the amount of $15.44 paid in penalty charges on Fleetwood Water District bill. Seconded by Mrs. Mills Motion Unanimously Carried A request was received from Stanley Porco from the Widmer Inn Restaurant for refund on penalty paid on taxes. Mrs. Mills had researchedthis matter and found that Mr. Porco had been erroneously assessed for the Wappinger Sewer Improvement for the second time. 0 58 He had delayed payment on taxes waiting for information that he had been taken off the roll and therefore was penalized. Mrs. Mills felt all amounts paid by him should be refunded, other than his normal property tax. MRS. MILLS moved that all charges be reimbursed to Mr. Porco, both assessment charges and penalty charges. Seconded by Mrs. Reilly Motion Unanimously Carried There was no action on a proposed Ordinance for Water and Sewer Repairs. Mr. Diehl noted that the Water and Sewer Committee would meet with Mr. Gunderud and discuss this with him and the Board would table this until the next meeting. There was no action taken on a proposed Amendment to Local ##2 of 1977 (SEQRA) . MRS. MILLS moved to refer an Amendment on Local Law ##5, 1975 to increase commercial rates for Central Wappinger Water Improvement to the Water and Sewer Committee and the Attorney for their review and recommendations and table this until the next meeting. Seconded by Mrs. Reilly Motion Unanimously Carried Under Unfinished Business, Mr. Sarno submitted another letter to the Board on the resolution of the Dana Place Drainage problem. Mr. Diehl asked him what he was actually looking for; he thought the Board had answered him at the last meeting. They would keep a lookout on this situation and the Highway Superintendent would do everything he could to keep the area safe for an interim solution until a permanent one was acted on. Mr. Sarno stated that he wanted a yes or no decision; were they going to do the drainage work or not; why should he come month after month and ask the Board the same question. He just wanted an answer. He was present tonight to see if they had any further solutions. Mr. Jensen answered that the stand they took at the last meeting was still the same. They would continue to look for avenues of relief but as of now it would be a case of preventative maintenance. L The Town Justices had previously requested additional part time clerical help and now were urgently requesting action by the Board in this matter. Mr. Diehl asked that the Board consider this matter now; he noted that monies had been provided in the 1980 budget for extra help for the Justice Court. Mrs. Reilly felt they could not appoint the person who had applied for this position, since she did not live in the Town of Wappinger. Mr. Jensen commented that they had asked the Judges what hours this person would be needed. There probably were persons qualified in the Town to fill this position but the Board needed to know the exact hours and days that would be required; would it be two full days, or half days, how did they wish to work this. MR. DIEHL moved to instruct the Engineer to the Town to provide the Town Board with a Storm Drain Survey for the explicit area of Aladdin Court, Orange Court, Bell -Air Lane and Henry Drive. Seconded by Mrs. Reilly Motion Unanimously Carried Before the rote on this motion, Mr. Diehl explained that this survey could probably be taken from a previous report made by Mr. Lapar which encompassed a greater area. This area, he said does not hold highways and the storm drainage pipes are now above the ground and have caused sanitary problems and for these reasons, he felt this area warranted attention at this time. MRS. MILLS moved to adjourn the meeting, seconded by Mrs. Reilly and carried. The meeting adjourned at 9:10 P.M. Reg. Mtg. 11/14/79 c— Elaine H. Snowden Town Clerk