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1978-12-29 RGM944 The Annual Year End Meeting of the Town Board of the Town of Wappinger was held on December 29th, 1978 at 5:00 P.M. at the Town Hall, Mill Street, Village of Wappingers Falls, New York. Deputy Supervisor Jensen opened the meeting at 5:05 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Deputy Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman (Mr. Jensen had chaired the two Public Hearings held previous to this meeting; therefore, Mr. Diehl requested that he also chair this meeting). Others Present: Matthew Ryan, Comptroller The Town Clerk stated that the purpose of the meeting was to mate transfers from one account to another for the end of year balancing of accounts and any other business that may come before the Board. The Comptroller had submitted a request for transfers which had been received from Town Department Heads. MR. DIEHL moved to transfer all accounts as requested by the Comptroller (transfers attached hereto and made part there of of the Minutes of this Meeting). Seconded by Mr. Johnson Motion Unanimously Carried A Memo was received from Mr. Horton, Superintendent of Highways requesting a transfer of $9,000 from Personal Services to Contractual in order to buy sand and gravel for the roads; due to the severity of the 1978 winter, he ran short of these materials. MR. JOHNSON moved to transfer $9,000 from DR5110.1 Personal Services to DS5142.4, Contractual, as requested by Mr. Horton. Seconded by Mr. Diehl Motion Unanimously Carried 945 The Comptroller requested authority to encumber the following accounts of various Town departments. Supervisor: Eggleston, 4350.00, Dog Warden Salary $84.00, Dog Warden Mileage $43.00 File Cabinets, storage cabinet, 2 refrigerators $1,810.00, Adding Machine $184.00, Social Security, $4,976.48, Disability Ins. $1,307.80, Social Security $4,998.97, Disability Ins. $1,825.52, Elite Office Services, $350.00; Building Inspector: Clifford Thorpe $68.72; Planning Board; New York Planning Fed. $85.00, Clifford Thorpe Printing, $109.60; Highway: Agway Petroleum Corp. $1,576.77, Spoor-Lasher Company $204.75, Queen City Distributors, $632.88, Dutchess Quarry & Supply, $993.20, Linge Lumber, $21.09, Clove Excavators, Inc. $5,250.00, Dutchess Quarry & Supply $993.20, Montfort Block, $58.16, B& K Auto Supply, $31.52, Diesing Supply $70.36, Tom Gates Auto Parts, $433.69, B.F. Goodrich, $31.52, Hudson Ind. Fasteners, $40.00, McCallum Chevrolet $100.78, Mid -Hudson Chevrolet, $3.68, H.O. Penn Machinery $151.56, Urey Hardware, $76.59, Witchey Gas $30.00, Walter Smith Welding $59.22, Cargill Salt Company $1,235.48, Clove Excavators, $10,637.00, 10 hrs. overtime $88.50; Recreation Commission: Wappinger School District $1,200.00, Metro. Museum of Art, $50.00, Black Electric, $560.00, William Carr, $3,000.00, Highway, $2,750.30, Wappinger Sand & Gravel, $2,000.00, Dave Alexander, $2,490.00, A-1 Fence $624.00, Demarest Supply Co., $1,200.00, Pine Plains Ford Tractor, $880.00, National Parks & Recreation Society, $100.00, Soccer Supply Company $449.25, Tax Collector; $125.00, Conservation Advisory Council: Tech Graphies, $234.51, Erik Kiviat, $95.76, New York State Environment, $5.00, Soil Conservation Service, $6.00, Erik Kiviat, $95.76, Dutchess County Cooperative Ext. $25.00, Erik Kiviat, $95.76. MR. JOHNSON moved to approve encumbered amounts as submitted by Mr. Ryan and requested by department heads and represent monies for outstanding bills for services already rendered to the town, but have not been paid and are to be.encumbered from the 1978 budget. Seconded by Mrs. Mills Motion Unanimously Carried 946: A Public Hearing having been held by the Town Board of the Town of Wappinger on an Ordinance Amending a Prior Ordinance of 1978 Providing for a Cable Television Franchise, on December 29th, 1978, the matter was now placed before them for their consideration. The following Ordinance was offered by COUNCILMAN JOHNSON who moved its adoption: Section 1. The Ordinance adopted by the Town Board of the Town of Wappinger on October 12, 1978, entitled An Ordinance Amending and Renewing a Franchise to U. S. Cablevision Corp., its successors and assignes, to own, operate, and maintain a cable television system in the Town of Wappinger; setting forth conditions accompanying the grant of franchise amendment and renewal and providing for regulation of said system by the Town of Wappinger, is amended as follows: The provisions of this ordinance shall be deemed to have applied retroactively to June 22nd, 1977. The, term of the franchise will be for 30 months retroactive to June 22nd, 1977. No sooner than 90 days prior to the end of said term, and no later than 70 days prior to the end of said term, Cablevision shall notify the town that it elects to renew its term for an additional term of 30 months. The town, upon receiving notice of said election shall have the option before the expiration of the term, of consenting to the renewal of the term for an additional period of 30 months on the same terms and conditions set forth in this ordinance and addendum or if it so elects, it may elect to renew the franchise on such additional or other terms that it may then prescribe. If renewal is granted, and if prior to the termination of the said renewal period, cablevision again elects to renew its franchise agreement, it shall observe again those procedures heretofore indicated in this paragraph and the town shall renew the franchise for said period of 30 months on the same or such other conditions as it elects. No sooner than 90 days prior to the end of the second renewal period or no later than 70 days before the end thereof, Cablevision may elect to renew the franchise for a third period of five years, and upon receiving notice of said election, the town may consent to renewal thereof for said term on the same or such conditions as the town prescribes. Section 2. publication of Seconded by Mrs Roll Call Vote: This Ordinance shall take effect five days after the summary *of the same. . Mills Deputy Supervisor Jensen Councilman Johnson Councilwoman Mills Councilwoman Reilly Supervisor Diehl Duly Adopted Aye Nay Aye Ave Aye Mr. Johnson qualified his "Nay" vote by stating that he voted against the Cablevision Franchise originally and did not wish to change. He felt the amendment was in good order but wished •47 to continue the objections he originally had. A Public Hearing having been held by the Town Board of the Town of Wappinger on December 29th, 1978, on An Ordinance to Amend the Developers Snow Plowing Maintenance Ordinance of the Town of Wappinger, the matter was now placed before them for their consideration. The following Ordinance was offered by MR. JOHNSON who moved its adoption: BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: The Ordinance on Developers Snow Plowing Maintenance, duly adopted by the Town Board on November 13, 1978, is amended as follows: Section 1. The Ordinance on Developers Snow Plowing Main- tenance, providing for the plowing of subdivisions prior to dedication of roads is amended by adding a new Section 2.1 thereto as follows: Section 2.1. No highways within subdivisions for which there are unpaid fines as a result of proceedings instituted pursuant to this Ordinance shall be accepted for dedication until said fines have been fully paid. Said fines are to be fully paid notwithstanding the fact that the fines may have been levied against predecessors in title. Section 2.1 of this Ordinance shall take effect upon adoption, posting and publication as provided by Town Law. Seconded by Mrs. Reilly Roll Call Vote: 5 Ayes 0 Nays The following Ordinance to Amend the Zoning Ordinance of the Town of Wappinger (Recreational Zoning) was introduced by COUNCILMAN JOHNSON: Section 470.10. Legislative Findings and Purpose The Town Board finds it desirable, to promote the orderly growth of recreational facilities within the town and to establish a harmonious luring environment relative to these uses that would be otherwise not possible through a strict Euclidian zoning ordinance and to permit a flexible use toward land use for recreational purposes by not limiting the develop- ment of non-public recreational uses to any specific areas of the town but to permit placing of recreational developments in any area of the town where development of such use will be consistent and harmonious with the land use structure of that area. This local law will establish guidelines to define, in part, what elements will be necessary to permit such recreational development and establish a mechanism for such development to safeguard those concerned. Section 470.15 Definitions Recreational Use: This term shall be broadly construed and given its plain and ordinary meaning and shall include all traditional forms of recreational activity but shall not 948 be construed to extend to those areas that are traditionally in the form of entertainment rather than recreation such as movie theaters, amusement halls, etc. Section 470.20 Eligibility Requirements Subject to the terms of this local law, a recreational use development will be permitted within all zoning districts of the Town of Wappinger upon approval of the Town Board. a. Each recreational development will comprise at least five acres of land having continuity without regard to dividing streets, whether public or private on which such tract may have frontage. b. Ownership of the land proposed for recreational develop- ment shall be that required by Section 460.32 of the zoning ordinance. c. Open Space. Not less than 30 percent of the total area of recreational development shall be composed of open space which shall be preserved in its natural condition. Such land shall have physical, topographical, and geographical characteristics which will adequately suit this purpose. Section 470.30 Minimum Design Standards a. No structure shall exceed three conventional stories in height or thirty-five feet, whichever is less. b. No building or structure shall be closer than fifty feet from the street line. c. Off-street Parking. The provisions of Section 454.07 of the zoning ordinance shall control this section. The Planning Board in reviewing the overall development plan may require a number in excess of the same if the proposed use requires the same and with due regard to the health, safety, and welfare of the uses of the facility and its surrounding community as a whole. d. Utilities. All utilities servicing any building or structure within the recreational use development shall be installed underground in the manner prescribed by applicable regulations. e. Roads and Highways. All interior roads and parking areas shall conform with the applicable standards contained in the regulations of the Town. f. Signs. Signs within a recreational use development shall be limited to one in number and shall have setbacks as required by the zoning law. g. Fire protection. A recreational use development shall be served with marked fire lanes adequate in design to serve the facility. h. Screening. Where non-residential use shall abut a residential use, adequate and substantial natural screening shall be provided. Section 470.35 Location of Recreational Use Development The Recreational Use Development shall be applicable to any area of the Town as determined by the Town Board. 9 49 Section 470.40 Application Procedure The applicant and town will follow those procedures prescribed in Section 460.40 and 460.42 (planned unit develop- ment) excepting that references therein to planned unit develop- ment or "PUD" shall be deemed deleted and substituted in its place shall be Recreational Use Development. Before the Ordinance was introducedMr. Diehl requested that the Board set a Public Hearing as soon as they legally could due to the fact that previously we lost a Roller Skating Rink in the Town because the zoning was not of a proper nature and he felt we lost a good thing for theTown. The place for such facilities is on Route 9 or Route 9D; we now have a proposal before us for recreation which seemsto be ideal, and in the proper place, with a Town highway adjacent to the proposed property; everything seems to be an asset to the Town and to the residents. Mr. Jensen recognized and agreed with the facts presented by Mr. Diehl and felt the Town did a wise thing be introducing new zoning instead of just rezoning the property. Mr. Johnson commented that this recreational "floating zone" is consistent with the zoning in the new proposed zoning ordin- ance; it is not something that was done without a lot of thought, it is consistent with plans the Town has had for a number of years. This Ordinance would be referred to Dutchess County Planning Board and the Town of Wappinger Planning Board and the time limit was thirty days for them to submit a recommendation. Mr. Jensen felt they should wait for these recommendations before setting a Public Hearing, but Mr. Diehl made a point of having the Public Hearing as soon as possible and then wait to adopt it. MR. DIEHL moved to set a Public Hearing on the Ordinance to Amend the Zoning Ordinance of the Town of_Wappinger (Recreational Zoning) on January 15th, 1979, at 7:00 P.M. EST to hear all interested persons. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays Mr. Jensen stated that a letter had been received from U. S. Cablevision company and Mr. Erichsen was concerned about improving the FM service in the community and a meeting would be held shortly with the Cablevision Committee. MR. DIEHL moved to adjourn the meeting, seconded by Mr. Johnson and unanimously carried. The Meeting adjourned at 5:36 P.M. Year End Meeting 12/29/78 k.4 CM Elaine H. Snowden Town Clerk 950 93 8 A Public Hearing was held by the Town Board of the Town of Wappinger on December 29, 1978, at 4:40 P.M. at Town Hall, Mill Street, Wappingers Falls, New York, on an Amendment to the Cable- vision Franchise Renewal with U. S. Cablevision Corporation. Supervisor Diehl opened the hearing at 4:40 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. Erichsen, Manager of U. S. Cablevision Corporation stated that he was in favor of the Amendment as written by the Attorney to the Town. No one else spoke. MR. JOHNSON moved to close the Public Hearing, seconded by Mrs. Reilly and carried. The Hearing closed at 4:50 P.M. Elaine H. Snowden Town Clerk 939 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE AMENDING A PRIOR ORDINANCE OF 1978 PROVIDING FOR A CABLE TELEVISION FRANCHISE. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS) 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 December 12, 1978, your deponent posted acopy of the attached notice of Public Hearing on an Ordinance Amending a Prior Ordinance of 1978 providing for a Cable Television Franchise, on the signboard maintained 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. 1L Sworn to before me this ,67_, Say of - ////f)Lit.4,/ 1-t ��✓/�€'��it Notary Public , 1978. DONALD G B.JCK Sc3Ee Elaine H. Snowden Town Clerk Town of Wappinger Mc alma 3. D. NEWS DISPLAY ADVERTISING 94p CLASSIFIED ADVERTISING 914297-3723 84 EAST MAIN STREET • WAPPINGERS FALLS PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conduct a Public Hearing on December 29, 1978 at 4:40 p.m. EST at Town Halt, Mill Street, Wappingers Falls, Dutchess County, New York, to hear all persons concerning an Amend- ment to the Cablevision Franchise Renewal with U.S. Cablevision Corp. The following Amendment to the Cablevision Franchise Renewal was introduced by Supervisor Diehl: The provisions of this ordinance shall be deemed to have applied retroactively TO June 22nd, 1977. The term of Inc franchise will be - for 30 months retroactive to June 22nd, 1977. No sooner than 90 days prior to the end of said term, and no later than 70 days prior to the end Of said term, Cablevision shall notify the town that it elects to renew its term far an additional term of 30 mon- ths. The town, upon receivingnotice said election shat have the option the expiration of the term, of consenting tO the renewal of the op term fosr an ad- ditional d- same terms amend condlti0mnss set forth in this ordinance and addendum or if it so elects, it may elect to renew the fran- chise on such additional "r other terms that it may then prescribe. If renewal is granted, and if prior to the termination of the said renewal period Cablevision again elects to renew its franchise agreement, it shall observe again those procedures heretofore indicated in this paragraph and the town shall renew the franchise for said period of 30 months on the same or such other conditions as it elects. No sooner than 90 days prior to the end of the second renewal period or no later than 70 days before the end thereof, Cablevision may elect to renew the franchise for a third period of five election, the town n receiving maay�consent tice of said renewal thereof for said term on the same or such conditions as the town prescribe;. Elaine H. Snowden Town Clerk Town of Wappinger Dated: Dec. 12, 1978 • AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. • Beatrice Osten of the Town of Wappinger. Dutchess County. New Yak. being duly sworn. says that he is, and is the several times hereinafter was, thg4—ktg4 13. rPIIblexof 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 one week succeutvely..9P ...in each week. cpm enctng on the 13th day of.g9A ?Vx' 1929 and on the following dates thereafter, namely on • and ending on the...13th ..day of. AeCJ3mbetV .. • 197& both days inclusive J Subscribed and sworn to before me this 1,3th day of....WP.4MbeX 19.7$ L '✓may.' i Notary Public My commission expires 'c ) COMMISS:Gh c�: `a4 30. ro J 94.1 A Public Hearing was held by the Town Board of the Town of Wappinger on December 29, 1978, at Town Hall, Mill Street, Village of Wappingers Falls, New York, on an Ordinance to Amend the Developers Snow Plowing Maintenance Ordinance of the Town of Wappinger. Supervisor Diehl opened the Hearing at 4:52 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. Jensen stated that this put more emphasis on the Ordinance adding this section that no highways would be accepted for dedica- tion until fines are fully paid by the developers in violation. Mr. Johnson felt that this would give the Town more control and and force the developers to pay these fines. No one else spoke for or against this Amendment. MRS. REILLY moved to close the Public Hearing, seconded by Mrs. Mills and carried. The Hearing closed at 4:57 P.M. Elaine H. Snowden Public Hearing 94; TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE AMENDING AN ORDINANCE ON DEVELOPERS SNOW PLOWING MAINTENANCE STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS) ELAINE H. SNOWDEN, being duly sworn, deposes an 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 December 12, 1978, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance amending an Ordinance on Developers Snow Plowing Maintenance, on the signboard maintained 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 of , 1978. 7 Notary Public Elaine H. Snowden Town Clerk Town of Wappinger day ••o co NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS " PLEASE TAKE NOTICE that, the' following Ordinance was adopted by -the • Town Board of the Town of Wappinger at a Special Meeting held on December 29, - 1978. AN ORDINANCE TO AMEND THE THE DEVELOPERS SNOW PLOWING . . MAINTENANCE ORDINANCE OF, THE TOWN OF WAPPINGER: BE IT ORDAINED BY THE TOWN BOARD OF'THE TOWN OF WAP- PINGER AS FOLLOWS: . The Ordinance on Developers Snow Plowing Maintenance, duly adopted by the Town Board on Ndvember 13, 1978, is amended as follows: SECTION 1. The Ordinance on Developers Snow Plowing Maintenance, providing for the plowing of subdivisions prior to dedication of roads is amended by adding a new Section 2.1 thereto as • . follows: "SECTION 2.1. No highways within , subdivisions for which there are unpaid fines as a result of proceedings instituted pursuant to this Ordinance shall be • accepted for dedication until said fines have been fully paid. Said fines are to be ,fully paid notwithstanding the fact that the fines may, have been Levied against' •predecessors in title. Section 2.1 09 this Ordinance shall take effect upon adoption, posting and publication as provided by Town Law.' STATE OF NEW YORK) ss: COUNTY OF DUTCHESS) I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger, Dutchess County New York, do hereby certify that the foregoing Ordinance was duly adopted at a special meeting of the Town. Board of the Town of 'Wappinger, duly and regularly called, and held on the 29th day or December, 1978, al which time a quorum was present and par-, ticipated throughout, and that the same has not been in any manner rescinded or annulled and that the same is still in force and effect and is duly entered in the minutes of said meeting IN WITNESS WHEREOF, 1 have hereunto set my hand and the seal of the said Town of Wappinger this 29th day of, December, 1978. Elaine H. Snowden Town Clerk Town of Wappinger Dated: December 29, 1978 AFFIDAVIT OF PUBLICATION State of New York. County of Dutcheu. Town of Wappinger. 943 ak;lc.0St.e.11 of the Town of Wappingers Dutchess County, New Ycrk. being duly sworn, says that he is, and at the several times hereinafter was, the.Co..tar-aetbar#s W. & S.D. NEWS. a newspaper printed and published every Thursday In the year In the Town of Wappingers -Dutchess County, New York, and that the annexed NOTICE was duly published In the said newspaper for .... CZ .. week successively.. once... in each week. commencing on the.. 3rd.... day of... Jcexntta asyr, ... 19.79and on the following dates thereafter. namely on and ending on the......day of...clammy .... 19.79 both days inclusive. Subscribed and sworn to before me this .3re.. day of... , J.suluaLy I9:9 Notary Public My commtulon expires 7'7";, ,tat r.