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1982-07-12 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JULY 12, 1982 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO THE FLAG 3. Accept minutes . iune��•( 4. REPORTS OF OFFICERS: Town Justices Bldg/Zoning Receiver of Taxes Hydrant Report Supervisor/Compt. Rec. Commission Annual Program Report 1981 SpecLa.Q J -t4 L. 5. PETITIONS & COMMUNICATIONS a. Joel Hanig, Attny, representing Fairview Enterprises, Inc. re: paving and Roadwork for Pondview Subd. Jack Chippendale re: Rent Control Michael Schwall re: Chelsea Boat Ramp parking problem Request from Judge Bulger to attend Conference at St. Lawrence July 25 -30th Petition from Mrs. Andrew Tullis and residents to lower speed limit .on Old State Rd. b. c. d. e. f. Notice of Pulbic Hearing at 16 Boxwood Close Wilson Excavators, Inc. Nancy Aleen Drive h. Reports from R.E. Lapar: of CWW & WS Imp. #1 (2) - T/W Zoning Bd. of Appeals for variance re: Snow Plowing bill for Nina Drive & (1) Cost estimates for unserviced areas Alternates to flood problem at the Rocking ham Recreation site 6. COMMITTEE REPORTS n r? CATO O Cfc,1C�1 SL T-ei-Ne404-()�r.n.s.0•" flet `2r\(N‘] Cau:�s-ie-t�Lr..t� - i lej...n pt„ (2eStic�`�`�S 7. RESOLUTIONS a. b. r;. d. f. g. Amendment to Inter -Municipal agreement for Tri -Municipal Fire Prevention Bureau - Approve 2 year terms Increase compensation for Dog Control Officer Rte 376 Properties transferred to T/W from State - to be transferred to Kaminiski, Transfers - Accept deeds et al•4 r� :.t>� tN..et'd1 Q r1 i/.�rc.; aLfrC, 1. AC44. « Lgy H. Cuatt, Compt. - DeGelormo & Leskow h. -4,14ArefC:a"ft' 8. UNFINISHED BUSINESS 9. NEW BUSINESS S erkcceS t-i2c��sS res Jen* - pr CvS C of Loa -Lc 10. ADJOURNMENT 044 Sewer' 9 The Regular Meeting of the Town Board of the Town of Wappinger was held on July 12, 1982 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Deputy Supervisor Nicholas Johnson opened the meeting at 8:03 P.M. Present: Nicholas Johnson, Deputy Supervisor Gerard McCluskey, Councilman Bernice Mills, Councilwomen Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Louis Diehl, Supervisor Others Present: Allan E. Rappleyea, Attorney Rudolph Leper, Engineer Kenneth Croshier, Acting Highway Superintendent All stood for the Pledge of Allegiance to the American Flag. Mr. Johnson noted that two Wappinger County Legislators were present --Peter White and Sandra Goldberg, and asked them to report on the meeting ,they had been to that afternoon. The main topic of interest Mr. White had to report was that regarding the toxic wastes at the Mancini property. The County would have to expend $58,000 to have these wastes removed and be reimbursed by the state; this resolution was passed by the County. Charlotte Pecora, Vice President of Mancini put the job out to bid and received three legitimate bids to remove these wastes and the figure of $58,000 mentioned above would cover the removal; that is where it stands now. Mr. White pointed out that the bidding process could hold it up. Mrs. Goldberg felt that Mr. White had summed up the situation but she did feel at least the action had started and it was on its way. The Minutes of the Regular Meeting of June 14, 1982 and the Special Meeting of June 28, 1982, having previously been sent to the Town Board Members, were now placedbefore them for their consideration. MR. MCCLUSKEY moved that the Minutes of the Regular Meeting of June 14, 1982 and the Special Meeting of June 28, 1982 be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Mills Motion Unanimously Carried Reports were received from the Town Justices, Building Inspector/ Zoning Administrator, Receiver of Taxes, Hydrant Report for the month of June and the Supervisor/Comptroller report through May 31, 1982, also the Recreation Commission Annual Program Report for 1981. MRS. MILLS moved to accept the above mentioned reports and place them on file. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Joel Hanig, Attorney representing Fairview Enterprises, was present to discuss completion of the roads in the Pondview Sub- division. Since Mr. Rappleyea had to leave the meeting for a short period of time, Mr. Hanig preferred to wait for his return before discussing this matter. A letter was received from Jack Chippendale, a resident of the Montclair Town House, who was inquiring about rent control due to the fact that this complex had raised their rent substantially and he expected another raise within six months; he was seeking help from the Town Board in this matter. Mrs. Mills noted that the Town has no control in this matter, but felt a letter should be sent to Mr. Chippendale advising him of this fact; Mr. Versace requested that the Town Clerk investigate this matter and inform Mr. Chippendale what agency could help him in the matter of rent control. Mr. Michael Schwall, Chelsea Cottage Landing, wrote to the Board concerning parking problems at the town ownbd'boat ramp in Chelsea; he offered suggestions to alleviate this problem which, he said, has created a hazard to the surrounding community. Mr. Johnson had attended a meeting of the Recreation Commission last week and this subject was addressed by them; they were in the process of placing signs at that site, as had been suggested by Mr. Schwall, but were waiting for a legal opinion from the Attorney before beginning this project; he suggested that they wait for a report from 3 the Recreation Commission. MR. JOHNSON moved that this subject be tabled to the next meeting. Seconded by Mr. McCluskey Motion Unanimously Carried Judge William Bulger requested permission to attend the Annual New York State Office of Court Administration training school for Town Justices at St. Lawrence University from July 25th through July 30, 1982. Mr. Versace commented that he had no objection to this request, however, at the last meeting he had pointed out that this account was overexpended and had requested a report from the Comptroller itemizing the expenditures. Mrs. Snowden pointed out that a transfer approval was received from the Comptroller to be taken under consideration later in the meeting, but Mr. Versace had expected a report on the expenditures of this account. MRS. MILLS moved that permission be granted to Judge Bulger to attend the training school for Town Justices at St. Lawrence University from July 25 through July 30, 1982. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. McCluskey requested that the Comptroller submit a written report on the expenditures of the Education Fund. A letter from Mrs. Andrew Tullis enclosing a petition from the residents of Old State Road for a change in the speed limit also cited the problems caused by a recent posted change in the speed limit to 45 MPH. Since the signs have been posted more cars have been noted going at excessive speed; before the signs were posted, drivers seemed to be more cautious because of bad curves. The request now was for a 30 MPH speed limit. MR. MCCLUSKEY moved that a resolution for a 30 MPH speed limit on Old State Road be forwarded to the County and State for their consideration. Seconded by Mrs. Mills Motion Unanimously Carried A Notice of Public Hearing was received from the Zoning Board of Appeals on -a variance to allow a second dwelling on property located on 16 Boxwood Close; this property is located adjacent to Town of Wappinger property, therefore the Board was notified of this hearing. MRS. MILLS moved to receive this Notice of Public Hearing and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried The next item related to item 5a and was tabled until Mr. Rappleyea returned. Two reports were received from Mr. Lapar; the first was cost estimates for various areas of the town that were not serviced by town water and sewer. Mr. Johnson asked if the Water and Sewer Committee had a recommendation to offer after reviewing this report; Mrs. Mills felt that before they progress on anything, they should first determine if the money was available. Mr. Johnson recommended that the Comptroller report to the Board on what money was available in the districts and also how much can be obtained through bonding in the water district using the fund balances available so the bond can be paid without raising the rates in that district. Further discussion followed when Mr. Versace had questions on benefit assessments levied on areas that were not serviced and why they were included in the boundary lines; Mr. Lapar explained that these areas were very sparsely populated and it would not have been feasible to include them at that time. Mr. Jensen, a former member of the Board, was recog- nized by the Chair and reviewed the history of the district and why it was planned the way it was; he was on the Board at the time and stated that the reasons were included in the minutes. Mr. Johnson concluded the discussion by requesting the Comptroller to advise the Board of the surplus funds in the Central Wappinger Water Area and make a recommendation for bonding that would allow the Board to consider proposals to service these areas. Mrs. Pearson, a resident of Old Hoppwell Road who had requested water service at the last meeting, asked how long it would take to get water and if they were not going to install the lines, when would they get reimbursement of the money they have been paying for ten years. The Board could give no answers until more information was received but it was noted that Mrs. Pearson's area would be given top priority due to the fact that they were running out of water. The second report received from Mr. Lapar referenced alternates to the flood prob]enat the Rockingham recreation site. Two alternates were discussed to solve this flooding; one involved an expenditure of $100,000 plus to build a dam from Brown Road to the sewage treatment plant road which would require permission from the State to construct such a dam; the second alternate which Mr. Lapar recommended was to increase the size of the existing outflow pipes to relieve the flooding condition when the waters of the Sprout Creek receed; this would involve replacing the 18" pipe with two 36" diameter pipes and the estimated cost was $9,000. MRS. MILLS moved to authorize the Engineer to go to bid to replace the existing pipes with larger ones at the Rockingham Recreation site at an estimated cost of $9,000.00 to be expended from Down- stream Drainage Funds. Seconded by Mr. Johnson Motion Unanimously Carried The Town Clerk was requested to notify Mr. Rudolph Weber, 27 Regency Drive, who had been present at the last meeting on this subject, and inform him of the action of the Town Board. Mr. Rappleyea returned to the meeting and the Board Members went back to Item 5a for discussion with Attorney Joel Hanig regarding Pondview Subdivision. Mr. Hanig requested, on behalf of his client, release of the escrow money being held by the Town in the amount of $16,350.00, according to his records. Due to a breakdown of machinery, the road contractor could not complete the curbing, but the other work was completed and Mr. Hanig felt that a portion of the funds could be released and the remaining balance could be held until completion of the roads. There was also a bill for snow plowing from Wilson Excavators, Inc. and Mr. Hanig agreed that amount should be withheld for payment to that company. It was determined that the amount owed to the road contractor exceeded the amount held by the Town and Mr. Versace felt that despite any promises that may be made at this meeting the Town could be stuck with another bill if the developer defaulter; they had already wasted a year finding him and at this point, he felt all the work should be completed before any money was released. Mr. McCluskey voiced his opinion that he would not support releasing the money until all requirements were met by the developer; their responsibility was to the Town, he was not worried about the money the developer had to hand out; once the roads were accepted they would be the responsibility of the Town; he wanted to make sure they were completely finished before any approvals were given by the Board. A discussion followed with the Highway Superintendent and the road contractor regarding the time frame of when the work would be done and it was suggested that a special meeting be held to release the money rather than table the matter until the next regular meeting. MR. VERSACE moved that a Special Meeting be set for July 26, 1982 at 6:45 P.M. for the purpose of releasing the escrow money to the developer of Pondview Subdivision now being held by the Town, upon approval of the Highway Superintendent and the Engineer to the Town that the roads have been completed to their satisfaction. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Versace requested that the Town Clerk and the Building Inspector contact the owner of the second section of Pondview for a meeting with the Town Board at their next work work session, if possible, to discuss his intentions for the development of that property and determine if all the necessary fees have been paid to the Town prior to commencement of the work. Mr. Hanig mentioned that he could be contacted through his attorney, Ira Pergament. Mrs. Mills asked that a letter be directed to Wilson Excavators, Inc. to inform them they could expect payment of their snow plowing bill shortly after the meeting of July 26, 1982. Under Committee Reports, Mr. Howard Erichsen, General Manager of U. S. Cablevision, Mr. Clark from the main office and several members of the Town Cable Committee were present to discuss renewal of the CATV Franchise. Charles Cortellino, Chairman of the CATV Committee reported on a meeting held last Wednesday evening when two representatives of the main office of the cable company were present and the report was unfavorable. He did not feel they were giving the Town any- thing but a threat to cut off the service; he itemized the services that the company should be giving to the public as required by FCC and claimed that the representatives would not discuss them;another factor they could not agree on was the % of the revenue which Mr. Cortellino claimed should be 3% of gross and the company claimed should be, or would be 3% of basic revenue; the company wanted a ten year renewal, Mr. Cortellino would not go for that --five years at the most. Dr. Ballard agreed with Mr. Cortellino and stated that they were being pressured, in fact almost blackmailed by these people who informed them that if they did not renew the franchise as pre- sented, the service would be stopped by the 21st of the month. Mrs. Mills remarked about a letter the cable company planned to mail to their customers blaming the Town for not negotiating and using scare tactics to the people intimating that the Town Board was trying to remove cable TV from the Town. She commended the CATV Committee members for their efforts in working on this renew- al, giving up their time, receiving no compensation; she resented the attitude of the representatives of the cable company toward the members. At that meeting Mrs. Mills had asked the company to send a mass mailing to town residents to determine their preferences and she was informed this would be too expensive ---yet they planned to send the viewers this scare tactic letter ---a letter as Mrs. Mills suggested could be enclosed with this one since the Town would probably end up paying for the distribution of the one they had compiled. Mr. McCluskey did not feel the company was being fair, they wanted to play by their own rules and if their threat was real -- to cut off cablevision then he would like to see that happen; the town could then look for other avenues for service. Mrs. Mills pointed out that some of the older areas of the town still do not cable while the new ones do and felt that a program should be worked out that would be advantageous to all. Mr. Versace commented that he had attended a few meetings and was present at the last one and reminded the Town Board that the cable company had, at the time of the last renewal, promised a 13 channel service, but in the meantime have changed the channels without appearing in front of the Town Board and notifying them of this change. He had other objections to the renewal and felt if they wanted to cut off service to the town, he would support that, he had used an antenna before, he would go back to that; he felt that the residents would support this decision of the Town Board if it came to that due to the fact that they were not getting the service as promised. Other members of the Committee commented on the franchise and Mr. Clark from the cable company argued on the comments made until it reached the point where Mr. Johnson asked them if they were willing to negotiate and if so, the time would have to be ex- tended. A resolution had been prepared and when Mr. Clark said he could not agree until he reeeived authorization from the attorney for the cable company, it was agreed by the Board that they would act on the resolution subject to approval by their attorney by the following day. The following resolution was moved by COUNCILMAN VERSACE who moved its adoption: WHEREAS, the town has previously entered into a franchise agreement with United States Cablevision Corporation, and WHEREAS, the franchise agreement of U. S. Cablevision terminated on June 21, 1982, and WHEREAS, negotiations are currently taking place between the corporation and the Cablevision Committee of the Town of Wappinger, and WHEREAS, said negotiations have not yet been completed, NOW, THEREFORE, BE IT RESOLVED that the agreement adopted on October 12, 1978 between U. S. Cablevision Corporation and the Town of Wappinger be and is hereby extended for a period of ninety (90) days from July 12, 1982 to permit completion of negotiations and a public hearing upon any contract which is proposed for renewal of said franchise. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays MRS. MILLS moved that the Town expend the sum of approtimately $36.00 for a yearly subscription to SAT Guide, a television manual for the CATV Committee members. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Mills then discussed the proposed route of the Marcy -South 345 KV Transmission lines going through Old Hopewell Road as outlined the Town in the Wappinger and Southern Dutchess News and felt should object to both this route and the alternate route since they were going through a densely populated area of the Town. MRS. MILLS moved that a letter be directed to the proper authori- ties stating that the Town Board objects to the proposed route and the alternate as presented, that would be route of the March -South 345 KV Transmission lines and they request that another plan be engineered acceptable to them. Seconded by Mr. Versace Mrs. Mills reported with Camo Pollution $800.00 for them to Oakwood Water Plant also authorized the Motion Unanimously Carried that the Water and Sewer Committee had met Control and authorized the expenditure of look at the new well now being used at the and put it on line for proper operation; expenditure of $178.00 in Fleetwood Water for a chlorine pump motor. She then discussed the chlorination of wells in Tall Trees and they had been advised by the County Health Department that testing would have to be done for a year to deter- mine if the wells needed chlorinating; the Committee recommended that this testing be done and at the end of the year the Health Department will review the reports and make a decision in this matter. Camo will report back in two months with their recommendation and the Committee feels that all water plants should be tested in the event they do not need to be chlorinated. MRS. MILLS moved that Camo Pollution Control be authorized to conduct a testing program on all water districts to determineif chlorination of the wells can be eliminated. Seconded by Mr. McCluskey Motion Unanimously Carried A problem on Eck Road with water draw down at certain times was the next item Mrs. Mills discussed and she requested the Engineer to do a study to determine what it is causing this problem; she requested that this study be submitted at the next meeting of the Town Board. The next item discussed by Mrs. Mills was the installation of a level gauge on Well ##1 in the Central Wappinger Water Area which was recommended by Mr. Lapar and explained by him. He felt that all the wells needed a level gauge but they could do it in piece meal; both he and Mrs. Mills wanted the Board to be aware that it was possible that all the wells would need such a gauge in the future. The estimated cost for the gauge on Well #1 was $475.00. MRS. MILLS moved that a level gauge be installed on Well ##1 of the Central Wappinger Water Area at an estimated cost of $475.00. Seconded by Mr. Versace Motion Unanimously Carried A problem existed when water and sewer lines could not be found in new developments by Camo Pollution Control and Mrs. Mills suggested that maps be made available to Camo when filed with the Planning Board to assist them when looking for these lines. MRS. MILLS moved that a letter be directed to the Planning Board requesting that they furnish a duplicate set of maps on as builts to be forwarded to Camo Pollution Control for their information. Seconded by Mr. Versace Motion Unanimously Carried On the subject of water meters for all homes in the districts, Mrs. Mills had contacted the Commissioner of Public Works in Middletown and received specs from him for meters which he highly recommended; she was setting up meeting with different meter companies and also have the Commissioner meet with the Board, which he offered to do, to discuss different meters. Mr. Johnson _reported on a communication from the Recreation Commission regarding Tennis Court Resurfacing. Informal bids were sent out last year and came in higher than the $5,000 maximum amount it allowed by state law; the Board then requested that they go to formal bid which came in at prices they could not touch. At that time new posts were installed at a cost of $3,000.00. This year a surface application was applied and the job still has to be completed, but again due to the bidding process it will exceed the money allotted in the Recreation budget. A petition was enclosed from the residents using the tennis courts requesting the Town Board to resurface the courts immediately due to the fact that the courts are unplayable and dangerous if used. The Recreation Commission requested approval from the Town Board to complete the job and award the contract to the low bidder on the informal bid which would save the Town $8,000.00; a formal bid must be bonded by the bidder and would cost considerably more than the $10,000, estimated cost of completion. MR. JOHNSON moved to authorize the Recreation Commission to complete the resurfacing of the Tennis Courts due to the fact that the courts are now slippery and dangerous. Seconded by Mr. McCluskey Motion Unanimously Carried The Ordinance Committee met with Mr. Gunderud several times to discuss amendments to the Zoning Ordinance which included language corrections, store window signs, etc. which Mr. Johnson hoped to submit to the Town Board before their next work shop session for their review. Another item of discussion by Mr. Johnson was a request from the Comptroller through the bookkeeper to conduct a six month review of the accountant procedures now being.followed; two reviews by the accounting firm would cost $350.00 and needed Town Board approval. Mr. Versace objected to the accounting firm doing this review since he felt the Comptroller was capable of doing it. MR. JOHNSON moved that the accounting firm be authorized to do two reviews on the present bookkeeping procedures and the Comptroller be authorized to notify them to commence this service for a total cost of $350.00. Seconded by Mrs. Milts Roll Call Vote: 3 Ayes Mr. Versace --Nay The Drainage Committee investigated a complaint from Mr. Frank Patterson,.8, Baldwin Drive, on a drainage problem; it was also referred to Mr. Lapar and Mr. Croshier who inspected the property at 6, 8 and 10 and found it to be the responsibility of the homeowners. The Town ,Clerk mentioned that Mr. Patterson had called and asked to be heard at the August meeting since he could not attend the July meeting. It was therefore tabid until the August meeting so Mr. Patterson could speak to the Board. Mr. Johnson, still on drainage, asked to meet at Mr. Lapar's office to review the map on drainage plans in order to make recommendations to the Board; the Committee, at the Board request, had inspected drainage at Angel Brook and decided they should look at the whole area to determine if they could take one area at a time. Arrange- ments were made to meet at Mr. Lapar's office at 9:30 A.M. on the following Friday to look at drainage plans and discuss future projects. At the last Tri -Municipal meeting, Mr. Johnson reported that they discussed the Inter -Municipal Agreement which, in essence, would phase out the two municipalities who did not wish to participate and reorganize for the Town of Poughkeepsie and the Village of Wappingers Falls who were still in the Commission; this agreement would be submitted to the Board for their consideration under Resolutions on the Agenda. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, the parties hereto on or about March 12, 1975, entered into an Inter -Municipal Agreement for the treatment of the construction, financing and operation of an inter- municipal sewer system, and WHEREAS, a substantial portion of the planning (STEP I) to said system has been completed and substantial obliations have been incurred by the four municipalities which are parties to said agreement, and WHEREAS, the Town of Wappinger and the Town of LaGrange have elected to discontinue any further participation in any future planning, financing or construction of an inter -municipal sewer system, and WHEREAS, the Town of Poughkeepsie and the Village of Wappingers Falls have elected to continue the planning, con- struction and operation of an inter -municipal sewer system serving said two communities, and WHEREAS, it is necessary to simultaneously phase-out the participation of the Town of LaGrange and the Town of Wappinger l.3 and to conclude said contractual agreements as have been originally entered into to pay for the same and to make and collect appropriate State and Federal systems; NOW, THEREFORE, it is agreed between the parties as follows: 1. That the Town of LaGrange and the Town of Wappinger shall no longer be parties to the Inter -Municipal Agreement dated March 12, 1975 to the extent of any future planning, financing or construction of a sewer system and that they shall not participate in the future planning, construction or financing of such inter -municipal sewer system pursuant to said Agreement dated March 12, 1975, 2. That to the extent that the contractual obligations are outstanding to complete the planning phase (STEP I), of the work undertaken pursuant to the Agreement of March 12, 1975, the Town of Wappinger and the Town of LaGrange shall continue to fully participate in all decisions and in all contractual obligations arising out of the work completed or to be completed pursuant to the planning phase (STEP I) of the inter -municipal system, and this agreement shall in no way abrogate their afore- said obligations, responsibilities or liabilities. T he interest of the real property owned by the improvement areas of the Town of Wappinger and the Town of LaGrange which lands are located in the Town of Poughkeepsie and which were originally purchased by the four municipalities as a site for the sewer plant shall be conveyed to the Town of Poughkeepsie and the Village of Wappingers Falls for the amount paid by each municipality. Such conveyance shall be made at the time of the final determination and the adjustment of the various amounts owed each municipality or at such earlier time as may be requested by the remaining two municipalities upon the payment of the amounts above set forth. Upon the final termination of the planning phase (STEP I), the parties hereto shall make provisions for the orderly termina- tion of the participation of the Town of Wappinger and the Town of LaGrange in the Agreement of March 12, 1975 and shall execute all documents or agreements necessary to carry out the termina- tion of the participation in said project of the Town of LaGrange and the Town of Wappinger. 3.' That during the closing -out portion of the planning phase (STEP I), the Town ofWappinger and the Town of LaGrange shall fully participate in all meetings, information sessions and other obligations of the four parties necessary to complete said planning phase (STEP I,). 4. That the Town of Poughkeepsie and the Village of Wappingers Falls shall be the sole parties which shall continue the design, construction, financing,operation and maintenance of the inter- municipal sewer system. 5. That until the final conclusion of the planning phase (STEP I) of the project, all proceedings of the Commission shall be conducted in the Agreement dated March 12, 1975, provided, however, that with respect to future work on thecontinuation of the project all proceedings of the Commission shall be conducted only by the representatives of the Town of Poughkeepsie and the Village of Wappinger Falls and that for those two parties the following provisions shall apply until such time as they may be changed by agreement between the Town of Poughkeepsie and the Village of Wappinger Falls; (a) A quorum shall consist of three members; (b) Three affirmative votes out of four shall be necessary to adopt any motion, resolution or any other order of business; (c) Special meetings may be held by the said four members with regard to matters dealing only with the future work of said project and said special meetings shall be called in the same manner as provided in the Agreement of March 12, 1975; (d) All contracts, agreements and other obligations shall be performed only in the name of the "TOWN OF POUGHKEEPSIE.AND THE VILLAGE OF WAPPINGER FALLS TRI -MUNICIPAL SEWER COMMISSION" and shall be executed only by the signature of three of the four members from the Town of Poughkeepsie and the Village of Wappinger Falls, except check which shall be executed by one commission member from each municipality as may be designated by vote of such four members; (e) That the said four members may elect as a chairman of the Town of Poughkeepsie and the village of Wappinger Falls Commission, a chairman who is not a member of the Commission from either municipality, but that all agreements or other contracts shall be executed as aforementioned. The following resolution was introduced by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, the Town of Wappinger has elected to withdraw from the future planning and construction of a sewer system through, the Tri -Municipal Commission, and WHEREAS,.. it is necessary to amend the present agreement between the four municipalities involved in the project, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is authorized and.'directed to execute the attached amendment to the Tri -Municipal Agreement on behalf of the Town of Wappinger and, BE IT FURTHER RESOLVED that the Town of Wappinger members of such Commission be directed to carry out the terms of the agreement as amended. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays A recommendation was received from the Chelsea Fire District to appoint William Powles for an additional two year term on the Fire Prevention Bureau and from the New Hackensack Fire District to appoint Thomas Gilmartin to a two year term to this Bureau. MR. MCCLUSKEY moved that William Powles, Chelsea Fire District, and Thomas Gilmartin, New Hackensack Fire District be appointed as members of the Fire Prevention Bureau for a two year term which will expire. July of 1984, as recommended by the Fire Districts. Seconded by Mrs. Mills Motion Unanimously Carried A memo was received from Mr. Diehl requesting the Board to consider an increase for the Dog Control Officer from $4.00 per call plus mileage to a minimum of $6.00 per call. Mr. Johnson had questions on this figure and also on the status of the applications that had been received for additional Dog Control Officers. Mr. McCluskey, Chairman of that Committee had no report to submit and in view of the fact that Mr. Diehl was not present it was agreed by the Board that the matter be tabled until the next meeting for more information. The next item had been tabled from the last meeting for more information on Route 376 properties . The following resolution was offered by COUNCILMAN VERSACE who moved its adoption: WHEREAS, as the result of certain highway improvements under- taken by the Department of Transportation on Route 376 in the Town of Wappinger in the vicinity of lands of Kaminski and others, the State of New York by the Department of Transportation has abandoned certain lands to the Town of Wappinger as more fully set forth on a map annexed hereto, and WHEREAS, the ,Town of Wappinger has no public interest or need for said area of land other than for the purpose, should it decide to undertake the same in the future, of placing utility lines for water, sewer and other community service utilities within said area, and WHEREAS, adjacent homeowners have expressed an interest in obtaining such title as the Town of Wappinger might convey to them to said area of land, NOW, THEREFORE, BE IT RESOLVED that the Town of Wappinger abandon the lands set forth in Order #1417 of the New York State Department of Transportation and convey to those homeowners having land contiguous to the lands abandoned by the State of New York to the Town of Wappinger, which lands were previously contiguous to the lands of the State of New York, said lands to be conveyed by quitclaim deed and be subject to rights-of-way and easements retained by the town for water, sewer and other public utility services, and BE IT FURTHER RESOLVED that such deed shall be in such form as the attorneys to the town recommend, and BE IT FURTHER RESOLVED that the Supervisor of the Town be authorized tO execute said deeds on behalf of the town. Seconded by: Councilman McCluskey Roll Call Vote: 4 Ayes 0 Nays Next on the agenda was a matter of an adjustment on a water bill for Mr. Tin Chee Lo which the Water and Sewer Committee recommended be settled since it has been pending for quite a while. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED that an adjustment be made in tl-e Water Bill for Mr. Tin Chee Lo for the period beginning March 31, 1980 and ending June 30, 1980 in the amount of $113.75 and said amount be refunded to Mr. Lo. Seconded by: Councilman Versace Roll Call Vote: 4 Ayes 0 Nays A memo was received from Mr. Cuatt requesting a transfer to the Education Account and also itemizing the expenditures out of that account; the transfer requested was from A1990.4, Contingency to A1990.5, Education in the amount of $2,475.00. MRS. MILLS moved that the transfer requested by Mr. Cuatt in the amount of $2,475.00 from Contingency to the Education Account be approved. Seconded by Mr. McCluskey Motion Unanimously Carried A second transfer request from Mr. Cuatt was from A1990.4, Contingency to A1320.4, Auditing and Accounting in the amount of $375.00. MR. JOHNSON moved that the transfer requested by Mr. Cuatt in the amount of $375.00 from Contingency to Auditing and Accounting, be approved. Seconded by Mrs. Mills, Roll Call Vote: 3 Ayes Mr. Versace --Nay The Attorney had questions on the next item which pertained to deeds from DeGelormo and Leskow and requested that no action be taken by the Board. MR. MCCLUSKEY moved that this matter be tabled until the August meeting. Seconded by Mr. Johnson Motion Unanimously Carried Under Unfinished Business, Mr. Johnson brc t up an incident of fireworks held up by the Justice of the Town of East Fishkill which were intended for Town of Wappinger Community Day; the confusion has been cleared up, however, Justice William Ghee did state that he would like to come to Community Day and watch the disposition of these fireworks and Mr. Johnson felt this request should be honored. MR. JOHNSON moved that a letter be directed to Town Justice William Ghee of East Fishkill and invite him to attend our Community Day and observe the disposition of the fireworks. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Johnson then referred to a letter from Mr. Cuatt to the Town Board regarding resubmitted vouchers from Mr. Lapar going back as far as 1976 for payment of monument settings etc. Mr. Cuatt verified that these vouchers had never been paid and was now asking the Board for approval to pay them. MR. JOHNSON moved that the Comptroller be authorized to pay the vouchers submitted by Mr. Lapar. Seconded by Mr. McCluskey Roll Call Vote: 3 Ayes Mrs. Mills ---Nay At the last meeting the Engineer and the Highway Superintendent had been authorized to prepare specs to complete the roads in Serenity Mission and Mr. Versace asked what had been done in this matter. They had not completed this job, however, Mr. Lapar said they could be completed in time for the special meeting of July 26, 1982. MR. VERSACE authorized the Engineer to go to bid on finishing the roads at Serenity Mission. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Croshier had been directed to install Children At Play signs at various locations at the last meeting and at this time Mr. Versace asked him if this had been done. Mr. Croshier replied that the signs had been ordered, however he was waiting for the necessary ordinance or local law to be adopted by the Town Board authorizing this work. The attorney was requested to prepare a local law in this matter for the August meeting. Under New Business, a petition was received from residents of Sherwood Heights to provide the following in conjunction with the Carmel Heights Subdivision: 1) A cost estimate, per resident, to install Central Sewer Service; 2) A cost estimate, per resident, to install Central Water Service; 3) A cost estimate, per resident, if both services are provided simultaneously. MRS. MILLS moved that the Engineer prepare cost estimates as requested by the residents of Sherwood Heights, and the Highway Superintendent notify these residents that the completion of the road will be held up until a decision is made on the installation of water and sewer lines in that area. Seconded by Mr. Versace Motion Unanimously Carried MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mrs. Mills and unanimously carried. The meeting adjourned at 11:00 P.M. aine H. Snowden Town Clerk Reg. Mtg. 7/12/82