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1979-03-12 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MARCH 12, 1979 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS Town Justices Receiver of Taxes Bldg. & Zoning Highway Supt. Hydrant Report with memo re: repairs CATV -copy of request to State for Commission approval filed w/ T. Clerk 5. RESOLUTIONS a. White Gate Parking Local Law b. Cranberry Hills drainage fees, etc.. c. Mid Hudson Salvage Yard License e. Transfer of funds for Castle Point Recreation Area f. Local Law Amending SEQRA g. Bids for Recreation equipment 6. PETITIONS & COMMUNICATIONS a. N.Y.S.D.O.T. Notices of Orders re: Speed limits for Beechwood Circle, New Hackensack Heights, and Spook Hill Rd. b. Resignations from Conservation Advisory Council members K. Wilkinson and G. Wolstenholme c. R. E. Lapar Reports: 1. Twnwide Water Leak Survey 2. Repairs to Rockingham STP Settling Tank Collector d. E. Hawksley, Ch. Cons. Adv. Council, short presentation of activities and presentation of Mosaic Map 7. COMMITTEE REPORTS 8. UNFINISHED BUSINESS a. T. Logan re: Roberta Fitzgibbons request for 1/3 Benefit Assessment on CWW 9. NEW BUSINESS 10. ADJOURNMENT *02 0 The Regular Meeting of the Town Board of the Town of wappinger was held on March 12, 1979 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:03 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town Minutes of the Regular Meeting of February 14, 1979 and the Special Meeting of February 23, 1979, having previously been sent to Town Board members, were now placed before them for their consideration. MRS. REILLY moved that the Minutes of the Regular Meeting of February 14, 1979 and the Special Meeting of February 23, 1979, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mrs. Mills. Motion Unanimously Carried Reports were received for the month of February from the Town Justices, Receiver of Taxes, Building Inspector and Zoning Administrator, Hydrant Report from the Highway Superintendent with memo regarding repairs, also January report from Building and Zoning, CATV copy of request to State for Commission approval filed with the Town Clerk and the Financial Report from D'Arcangelo on the Joint Landfill also filed with the Town Clerk. COUNCILMAN JOHNSON moved to accept and place on file all of the above mentioned reports. Seconded by Mr. Jensen Motion Unanimously Carried The Town Clerk noted that she had been served with two Article 784 one against the Zoning Board of Appeals, one from Mid -Hudson Auto Wreckers Inc. MR. JENSEN moved to refer the two Article 78 Actions served on the Town Clerk to the Attorney to the Town to defend on behalf of the Town. Seconded by•Mr. Johnson Motion Unanimously Carried Mr. Diehl then noted that there were residents from Tall Trees present at the meeting to speak on problems of the water district and he wished to divert from the Agenda and entertain these residents at this time. First he brought them up to date on the happenings that dealt with the well at Tall Trees. Last month Mr. Lapar had submitted a report on the new well at Tall Trees which was drilled and tested but had not been approved; however, Mr. Lapar stated that the well could be used as an auxiliary to the system if the Town legally owned the well, there was a question if the developer had pre-prioritary rights to the drilled well. The Attorney was directed to contact the developer for this information; the.Engineer was directed to determine the cost of putting the well into operation assuming the Town had the rights to the well; this would not only increase the capacity of water but would also be a standby well. He explained that all these costs would be a district cost and then asked those residents present if they had any questions. Mrs. Seaboldt had several questions ---did they have any idea of what these costs were going to be? Will there by any public hearings when these costs are known and when decisions are to be made? What is the cost of trucking in water --how does that compare with installing a new well ---how many breakdowns have there been over a five year period, total number of dollars spent in repairing, length of time the pump is out. Mr. Diehl hoped to have answers by Wednesday night at which time they would hold a meeting and have answers for these people. Mr. Adams, when questioned, said he did not anticipate any legal problems with the well. Aldo Montana asked if the water would be coming ,from the same area. There was lengthy discussion on this matter which was finalized by Mr. Diehl stating that if information was available by Wednesday, there would be a Special Meeting at which time the Comptroller, Mr. Ryan would be present with cost figures of monies that had, up to now, been spent from the district. A Public Hearing having been held by the Town Board of the Town of Wappinger on March 12, 1979 on a Local Law Prohibiting Parking or Standing by any Motor Vehicle in Marked Fire Lanes Maintained by the White Gate Apartments, the matter was now placed before the Board for their consideration. Mr. Richard Bartholemew had been present at the Public Hearing and represented Chief Arthur Waddle from the Hughsonville Fire District; he requested that action on this local law be tabled until Mr. Waddle had received further information on the fire lanes and whatever information we had concerning this local law. MR. JOHNSON moved that action be tabled on this Local Law at the request of Chief Arthur Waddle from the Hughsonville Fire Company. Seconded by Mrs. Mills Motion Unanimously Carried The next item on the Agenda referred to drainage fees on Cranberry Hills Subdivision. MR. JENSEN moved to table action on this matter until the Attorney had prepared the necessary resolution. Seconded by Mrs. Reilly Motion Unanimously Carried A request had been received from the Recreation Commission for the expenditure of $5,012.00 from the Parkland Deposits Trust Fund for equipment to be placed at the recreation site at Castle Point. MR. JENSEN moved to authorize the expenditure of $5,012.00 from the Parkland Deposits Trust Fund, by the Recreation Commission for equipment to be placed at the recreation site at Castle Point. Seconded by Mrs. Reilly Motion Unanimously Carried The Recreation Commission had listed the equipment they planned to order, namely: 8 picnic tables and benches ® $195.00, 8 portable steel benches with backs @ $119.00 and 1 backstop at a cost of $2,500.00. Mr. Jensen explained that the purpose of this expenditure was to satisfy the requirements of the Federal Government when the site was deeded to the Town of Wappinger. The following Local Law was introduced by COUNCILMAN JOHNSON: A Local Law amending the prior local law implementing the State Environmental Quality Review Act. BE IT ENACTED by the Town Board of the Town of Wappinger: 1. Local Law No. 2 of 1977 shall be amended as follows: a. Article 2, Section 20 shall be deleted in its entirety. b. The following provisions shall be substituted in place of the foregoing provisions which have been deleted. 1. Type 1 actions shall be all those actions set forth in Title 6 NYCRR Part 617.12 including those other actions which may be added to Part 617 from time to time. 2. This Lodal Law shall take effect immediately upon adoption, and as provided by the Municipal Home Rule Law. The following resolution was introduced by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, there has been duly presented and introduced at a regular meeting of this Town Board on the 12th day of March, 1979, a proposed Local Law amending the prior local law imple- menting the State Environmental Quality Review Act, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 29th day of March 1979 at 7:00 P.M. on such day at Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the TownClerk of the Town of Wappinger, by due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town. Seconded by Mrs. Reilly Roll Call Vote: 5 Ayes 0 Nays Mr. Hawksley, being recognized by the Chair, wished to reiterate a statement made by him at a previous meeting that there are many items in the law that require changing that could possibly call for other public hearings, he thought they would delay action on this. Mr. Diehl informed him that a tentative date had been set on Wednesday, March 14, 1979 at 8:00 P.M. with the Planning Board, Zoning Board and two members from the Town Board and Mr. Hawksley if this was agreed to by all concerned. There would be representatives from all the Boards, therefore, it would not constitute an open meeting, merely a work session. After this session, depending on what transpires, the public hearing that had been set could be called off for a future date. MR. DIEHL moved to set a Special Meeting for Wednesday, March 14, 1979 at 7:30 P.M. for the purpose of acting on the application of Sheraton Enterprises on RUD, and any other business that may come before the Board. Seconded by Mrs. Mills Motion Unanimously Carried Two bids were received and opened on February 15, 1979 on Boys, Girls and Mens Baseball Program Equipment for 1979 as follows: Letterii Sporting Goods ---$2,960.60 and Schumans Army and Navy Store ---$3,680.00. The Recreation Commission recommended that the bid be awarded to Letterii Sporting Goods as low bidder. COUNCILWOMAN REILLY moved to accept the low bid from Letterii Sporting Goods in the amount of $2,960.60 for Boys, Girls and Mens Baseball Program Equipment for 1979, as recommended by the Recreation Commission. Seconded by Mr. Johnson Motion Unanimously Carried Three notices were received from the New York State Department of Transportation regarding approved speed limits --30 MPH area speed in the Beechwood Circle area, 30 MPH Area speed limit in the Hackensack Heights area, and 40MPH speed limit on Spook Hill Road. MR. JENSEN moved to receive this communication on the area speed limits, place it on file, notify the Highway Superintendent and other residents that they concerned. Seconded by Mr. Johnson Motion Unanimously Carried Two resignations were received from members of the Wappinger Conservation Advisory Council; Kenneth Wilkinson and George Wolstenholme. 102 6'. MR. JENSEN moved that the resignations be accepted with regret from Kenneth Wilkinson and George Wolstenholme and letters of thanks for their service to the Town be sent to these gentlemen. Seconded by Mrs. Reilly Motion Unanimously Carried There were now two vacancies on the Conservation Advisory Council and Mr. Diehl asked the Board Members if they wished to make any appointments at this time. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that Jacqueline O'Malley be and she 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 Kenneth Wilkinson, and it is further RESOLVED, that the said Jacqueline O'Malley is hereby appointed to the said Conservation Advisory Council for a term which shall expire on the 1st day of July 1979. Seconded by Mrs. Mills Roll Call Vote: 5 Ayes 0 Ayes Mr. Diehl directed that the second appointment to the Wappinger Conservation Advisory Council be tabled until the next meeting. A report was received from Mr. Lapar on Townwide Water Leak Survey enclosing an estimate from Heath Consultants Inc.. and a recommendation that this type of survey be performed, since these leaks are a constant problem. MR. JENSEN moved that the estimate from Heath Consultants Inc. on Townwide Water Leak Survey, be forwarded to the Attorney for his review and also to the Comptroller for preparation of necessary forms for funding this project. Seconded by Mr. Johnson Motion Unanimously Carried A report was received from Mr. Lapar on Repairs to Rockingham Sewer Treatment Plant Settling Tank Collector; he enclosed a voucher from Lafko Associates for repair work on the collector system and recommended payment of this; also included was a report from Lakfo Associates regarding the replacement of the entire mechanism. This information has been referred to Camo kiwo z Qu Pollution Control, for verification of the facts presented. MR. JENSEN moved that this communication be received and placed on file. Seconded by Mr. Johnson Motion Unanimously Carried A request had been received from the Village of Wappingers Falls for the use of three voting machines on March 20, 1979, Village Election Day. kiro MR. JOHNSON moved to grant permission to the Village of Wappingers Falls to use three voting machines and to make the necessary arrangements for pickup and return of the machines. Seconded by Mrs. Reilly Motion Unanimously Carried Under Committee Reports, Mr. Jensen reported on their monthly meeting with Tri -Municipal. The form letter and questionaire_ will be sent out within two weeks to 16,000 residents. When they are returned, they will be correlated by Ecol Sciences with other studies and when all information is compiled it will be part of the Ecol Sciences Environmental Impact Study. Mrs. Reilly, reporting on Building Committee, would be meeting with the architect, Mr. Battaglia, who had been authorized to conduct a space needs survey for a proposed Town Hall. The Building Committee and all department heads would meet to discuss their individual needs, on Thursday at designated times. Mrs. Mills, a few months ago, had brought up problems on Wildwood Drive with speeding vehicles resulting in damaged lawns and complaints from the residents. One particular residence mentioned was at 21 Wildwood Drive; Mrs. Mills now had a complaint from Mr. Raymond Guillet, 27 Wildwood Drive with the same problem -- a car on his front lawn. He blamed the condition on the drop between the road and shoulders which occurred after the resurfac- ing of this road. She requested that a letter be directed to the Highway Superintendent to investigate this matter and report back to the Board on his findings. Mrs. Mills further stated that the center mall on Wildwood Drive was being used as a roadway. 1027 - MRS. MILLS moved that a letter be directed to the Highway Superintendent advising him of the complaint from Mr. Guillet at 27 Wildwood Drive and also alert the State Police and Dutchess County Sheriff to patrol the area for violators of the speed limit and also use of the center mall by moving vehicles. Seconded by Mr. Jensen Motion Unanimously Carried Mr. Johnson, on the Ordinance Committee, reported that he would be meeting with Mr. Portman from Frederick Clark Associates to present a draft copy of a new proposed zoning ordinance. He had attended the last meeting of the Recreation Commission and spoke to the Chairman on the possibility of resurrecting an old plan on capital improvements for recreation projects planned for the Town. MR. JOHNSON raoVea to direct the Recreation Commission to refurbish their capital improvement plan for recreation and submit this to the Town Board for their review. Seconded by Mrs. Reilly Motion Unanimously Carried MR. DIEHL moved that the.Engineer to the Town be instructed to prepare bids for Chemical Purchases for the Water and Sewer Plants and also for Sludge Removal from the Sewer Plants and upon comple- tion submit to the Town Clerk for advertising. Seconded by Mr. Jensen Motion Unanimously Carried Under Unfinished Business, Mr. Logan's referral on Roberta Fitzgibbons request for 1/3 Benefit Assessment on Central Wappinger Water which was referred to the Attorney for review was brought up for the consideration of the Board. However, no further information had been received on this matter. MR. DIEHL moved to table this request until the next meeting. Seconded by Mr. Johnson Motion Unanimously Carried L 1 0 2 Mr. Frank Versace, being recognized by the Chair, spoke on a press release in the W&SD News by Mr. Diehl stating that charges on operation and maintenance in the water and sewer districts is 100% deductible on Federal Income Tax. After checking this out with his accountant and also IRS, he disagreed with this state- ment. He spoke to Miss King from Internal Revenue Service who denied giving this information to Mr. Diehl. Mr. Versace asked that the Attorney to the Town investigate this deduction and give an opinion on this matter. Mr. Adams was asked to follow through on this matter as soon as he possibly could, since time was of the essence now. Mr. Edward Hawksley, Chairman of the Wappinger Conservation Advisory Council, was on the Agenda at his request to give a short presentation of a Mosaic Map which was hung on the wall of the Town Hall. He informed the Board that this project had taken 18 months to present, not because of the work involved, but because they had to seek help from the Dutchess County Planning Department, and they have their priorities. The map is of the Town of Wappinger, an aerial photograph taken at different times and then enlarged and put together; this was done back in 1970 so it would look somewhat different today. He identified some of the main roads, the schools, he pointed out Mrs. Mills' house, Mr. Jensen's and Mr. Johnson's. On a road map you don't see all these landmarks. He wanted to fill in a border and also cover the map with a plastic sheet in order to preserve it. He then introduced Dennis Bryers, a new member ‘110' of the Council for the second part of his presentation, how to utilize maps. He presented various overlay maps, one on soil, one on depth of bedrock; these could be put over the first map which was just a base map of the Town; these maps were reproducable. Mr. Bryers then distributed pamphlets to the Board on recycling motor oil. �29 Mr. Jensen commended the Council on their presentation and activity but just hoped all this work was not a duplication of effort, as other agencies were also involved in surveys. There was no other business to come before the Board. MRS. MILLS moved to adjourn the meeting, seconded by Mrs. Reilly and unanimously carried. The meeting adjourned at 9:28 P.M. laine H. Snowden town Clerk Reg. Mtg. 3/12/79 A Public Hearing was held by the Town Board of the Town of Wappinger on March 12, 1979 on a proposed Local Law Prohibiting Parking or Standing by any Motor Vehicle in Marked Fire Lanes Maintained by White Gate Apartments, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the Hearing at 7:52 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized (attached hereto and made part thereof of the minutes of this Hearing). Mr. Diehl explained that the owners of the White Gates Apartments had requested this local law, and then asked if anyone wished to speak for or against the law. Mr. Richard Bartholemew was present, representing Chief Arthur Waddle and was asking for a postponement of any action on this matter due to the fact that he had not seen any maps on the proposed fire zones. Mr. Waddle would like to review these maps and then present his recommendations to the Board. Mr. Diehl said they would go on with the Public Hearing but would take no action. He then asked if anyone else wished to speak. No one else spoke. Mr. Diehl moved to close the Public Hearing, seconded by Mrs. Reilly and carried. The Hearing closed at 7:55 P.M. aukt_U Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF A PROPOSED LOCAL LAW PROHIBITING PARKING OR STANDING BY ANY MOTOR VEHICLE IN MARKED FIRE LANES MAINTAINED BY WHITE GATE APARTMENTS STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) jUi 8 AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 26, 1979, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Prohibiting Parking or Standing by any Motor Vehicle in Marked Fire Lanes Maintained by White Gate Apartments, on the signboardmaintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Sworn to before me this day of ii,141‘ Notary Public DONALD G. BUCK Not,lry F f 1`11•N YuA SMA rcDurc:ina CoMrrilnivn CAyiru3 Masco 30, 1979. Elaine H. Snowden Town Clerk Town of Wappinger 1 • and a D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS NOTICE IS HEREBY GIVEN that therintroduced bbe�duly Town Board of the Town of Wapcinger, Dutchess County New York, 6: February U,. 1979, a proposed L<cal Law Prohibiting Parking or tending by any Motor Vehicle yyin M. rked Firee Lanes Main- taNOTed bCENhi e Gate ISi FURTHER rGIVEN that ptthe Town Board of the Town of Wap- thegafroresaid pcondropt osed public locahearing on at Town Hall, Mill Street, Village of osnD1h97atu7tNeWappingers YrkoMarch219, County, P.M. EST, on such day, at which time all parties interested will be heard. Elaine H. Snowden Town Clerk Dated: Feb. 22, 1979TownotWappinger AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Beatrice Oaten of the Town of Wappinger, Dutchess County, New Yak. being duly sworn, says that he is, and at the several times. hereinafter was, ther4k4411tifl bY..$bR]bf W. & S.D. NEWS, a newspaper printed and published every Thursday in the year in the Town of Wappinger, Dutchess County, New York. and that the annexed NOTICE was duly published in the said newspaper for ... cr "week successively ono* in each week. commencing on the.. Z$th...day of..F.bruawy.... 19.79and on the following dates thereafter, namely on and ending on the... ?$1.. day of.. Tab.. . 19.?both days inclusive. Subscribed and sworn to before me •s this �,$tb.... day of.... Xeb2 *r'r 19..79 Notary Public My commission expires ALBERT FA. OSTEN ^dEW YORK QJA_.,;E., (,iovrY iiSStUh EXPIRES M4RCH 30.196.52