1980-10-15 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
OCTOBER 15, 1980
1
I 1. suPgRvI4oR cALT., MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES SJ s. o.v. J4-4 Cal-' roe, &6
PLEDGE OF ALLEGIANCE TO TiE FLAG
4. REPORTS OF OFFICERS
Town Justices Bldg/Zng.'. Receiver of Taxes Sup/Compt
5. PETITIONS & COMMUNICATIONS
a. Request by R. Barger to provide Sewer service to Cornell -Drake
Subdivision -Myers Corners Rd.
b. Request by E. Gardell for permission to connect Palmateer Sub-
division to Town water line on Shale Drive
c. Request by James Klein to release Bond #923883 for Spook Hill
Subdivision Rd.
d. Letter from Irving Jacobson, Blackthron Loop, rer:Water Meters
e. Ernest Galdarisi to present petition for Light District in Kent
Rd. Area.
f. James Napoli, D.C. Dept. Health re: Inspection Report of Town owned
Sewer Treatment Plants.
g. Requests to attend Conferences: H. Gunderud and V. Fanuele, for
Betty Russ, to attend N.Y.S. Planning Federation Conference 10-26
to 10-28
h. Mr. Diehl re: requesting N.Y.S. DOT to review Traffic conditions
at Rte 9 & Myers Corners Rd. intersection
i. Notification from Town of East Fishkill re: Draft Generic EIS
for proposed Land Development Plan
j. Town Clerk served with summons re: Terwilliger vs Town -3rd Party
k. Julius Gerzof, to Amelia Crosby, re: Bldg. Permit -lot on Russet Lane
1. R. E. Lapar Reports:
1. Investigation of Sludge Dumping - North Myers Corners Rd.
2. Hunters Creek Stream Cleaning
m. Planning Bd. solicit comments re:. Proposed updated Subdivision
Regulations
n. H. Gunderud: Bldg. Insp./Zng. Adm.
1. Bldg Permits in Pond View Subdivision
2. Bldg. permit fees
3. Report on Geraci's Complaint
o. Reports from Attorney:
1. Henzler
2. Van de Carr Public Notice
3. Condominium Conversions
6. COMMITTEE REPORTS
E. Hawksley re: Oil & hazardous Substance Spills in Hudson River
7. RESOLUTIONS
a. Corrective deed for Klassen Builders
b. Introduction of Local Law on Vandalism & Disturbances
c. Vacancy on Recreation Commission
8. UNFINISHED BUSINESS
C. C 4 H. • tA G. kouciy1,4
9. NEW BUSINESS
10. ADJOURNMENT
CO
The Regular Meeting of the Town Board of the Town of Wappirger
was held on October 15, 1980 at Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:05 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Rudolph Lapar, Engineer to the Town
Supervisor Diehl then asked the congregation to join in the
Allegiance to the Flag.
All stood and said the Pledge:lof Allegiance to the American Flag.
The Minutes of the Regular Meeting of September 8, 1980 and the
Special Meetings of October 2 and October 10, 1980, having
previously been sent to the Board, were now placed before them
for their consideration.
MRS. REILLY moved that the Minutes of the Regular Meeting of
September 8, 1980 and the Special Meetings of October 2 and
October 10, 1980, be and they are hereby approved as submitted
by the Town Clerk.
Seconded by Mr. Johnson
Motion Unanimously Carried
Reports were received for the month of September from the Town
Justices, the Building Inspector/Zoning Administrator and the
Receiver of Taxes, also the Supervisor/Comptroller Report through
August 31st, 1980.
MR. JOHNSON moved that the Reports as stated, be accepted and
placed on file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Incoronato was recognized by the Chair and asked about the
reports of expenditures on the districts; Mrs. Snowden informed
him they were now included in the Supervisor/Comptroller's Report
which contained several pages of all the accounts of the Town.
When he questioned how does the public see these, he was informed
that they were available in the Town offices and could be viewed
at any time during working hours.
A request was received from Richard Barger representing the
Cornell Drake Subdivision for sewer service.
MR. JOHNSON moved to approve the request for the Cornell Drake
Subdivision to hook into the sewer system of the Town, subject
to approval by the Dutchess County Department of Health.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Another request was received from Eric Gardell Eor the Palmateer
Subdivision to connect to the town water line. This was a two
lot subdivision and a lateral was available for them to connect
to.
MR. JOHNSON moved to approve the request for a connection to
the town water line by Palmateer Subdivision, subject to the
approval of the Dutchess County Department of Health.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. James Klein wrote to the Board requesting the release of
Bond No. 923883 on the Spook Hill Subdivision. Mr. Horton had
contacted the Board and informed them that he had reviewed the
deed and would recommend acceptance by the town of the portion
of Reggie Drive covered by the bond, upon receipt of the Main-
tenance Bond. However, the Attorney informed the Board that he
was waiting for the Title Policy to be presented to him.
MRS. MILLS moved that this matter be referred to the Attorney
and placed on the November Agenda for further action by the
Board.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A letter was received from Irving Jacobson, Blackthorn Loop,
regarding a broken water meter which caused damage to a rug in
the amount of $708.11. He felt the town should be using a good
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quality water meter. Mr. Diehl then stated that the town uses
Neptune water meters which is considered a top grade company
and referred this to the Comptroller for response to Mr.
Jacobson. Mr. Versace then reported that he had visited this
home and the breakage had caused a lot of damage. He then
spoke to Mike Tremper from Camp Pollution Control who found
out that there was too much pressure in the system which caused
the meter to go. He then put a pressure reducing valve on the
system which seemed to solve the problem. Mr. Leper then
informed the Board that according to regulations all systems
were to be installed with pressure reducing valves; this was
evidently omitted in this case. Why then, Mr. Versace wanted
to know, was this approved for a C.O. and who is responsible
for the damage to Mr. Jacobson's home?
MR. VERSACE moved to direct a letter to the Building Inspector
to determine who conducted the inspection of the lines and
approved a C.O. for this home.
Seconded by Mrs. Milts
Motion Unanimously Carried
MR. VERSACE moved to instruct the Building Inspector to spot
check the other homes for pressure relief valves and include
this item in the letter previously directed to him.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Ernest Galderisi, MacIntosh Lane, presented a petition to
the Board with 158 signatures for street lighting on Kent Road
(between All Angels Hill Road and Myers Corners Road). He
explained that due to the accidents that had occurred in the
area, they hoped this would be a corrective measure to very
dangerous conditions both to motorists and pedestrians. He
had informed the petitioners that it could cost from $1.50 to
$5.00 a year extra and they had agreed that even if it cost
$20.00 a year, it would be worth it.
MR. JOHNSON moved that this be referred to the Town Clerk to
forward to Central Hudson for a survey of the area and the
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submission of a cost figure to the Board and further that
they contact Mr. Galderisi when they make their inspection
to determine location of the lights.
Seconded by Mr. Diehl
Motion Unanimously Carried
A report was received from James Napoli from the Dutchess County
Department of Health on a routine inspection of the Town owned
sewage treatment plants.
MRS. MILLS moved to receive this report and place it on file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Two requests were received to attend conferences ---one from
Mr. Fanuele, Chairman of the Planning Board for permission for
Betty -Ann Russ to attend the annual Planning and Zoning Institute
at the Nevele, October 26th through October 28th, 1980 and one
from Mr. Gunderud to attend the New York Planning Federation
Conference at the Nevele on October 27th and 28th; this was in
reference to his position as Zoning Administrator.
MR. VERSACE moved to give permission to Betty -Ann Russ and
Hans Gunderud to attend their respective conferences, subject
to the Town Policy.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Diehl wrote to the Board asking action on a request to the
New York State Department of Transportation to review traffic
conditions at Route 9, County Road 93 (Myers Corners Road).
He was seeking an arrow exiting from CR93 on the lights in both
directions (north and south) as he felt without these signals,
conditions would be hazardous, plus delays and confusion.
MR. DIEHL moved to request the New York State Department of
Transportation to review traffic conditions on Myers Corners
Road and Route 9 in regard to arrow signs on both sides of
Route 9.
Seconded by Mr. Johnson
Motion Unanimously Carried
A Notice of Public Hearing on a Draft Generic Environmental
:t1
Impact Statement for the proposed Town of East Fishkill Land
Development Plan.
MR. JOHNSON moved that this notice be received and placed
on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
The Town Clerk informed the Board that she had been served
with a summons in which the Town of Wappinger was the third
party ----Wallace Terwilliger and Chelsea Marina, Inc. against
Thelma Terwilliger, Thomas Marchetti and the Town of Wappinger.
MR. JOHNSON moved to refer this to the Attorney to the Town.
Seconded by Mr. Diehl
Motion Unanimously Carried
A letter directed to Mrs. Crosby from Julius Gerzof regarding
refusal of a building permit was copied to the Town Board.
Mrs. Crosby directed this communication to the Building
Inspector and he, in turn, sent a memo to Mrs. Crosby inform-
ing her that a complete building permit application was never
submitted, therefore it could not have been refused.
MR. DIEHL moved that Mr. Gunderud's reply to Mrs. Crosby be
forwarded to Mr. Gerzof.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A report was received from Mr. Lapar regarding the investigation
of sludge dumping in the area north of Myers Corners Road which
the Board had requested at a previous meeting. He saw no evi-
dence of sludge dumping and/or discharge from any private or
public owned facility. Mr. Johnson further confirmed this fact
by stating that two Board members had also walked the area,
the Department of Health and Michael Morris from Camo Pollution
had also checked it out and all agreed there was no evidence of
sludge dumping. Mrs. Mills added to this and reported that she
and Mr. Versace went to the site agreed upon and waited for Mr.
Lafko but he never showed up to keep the appointment previously
made with them. Mr. Versace had ventured a few feet further in
his inspection and reported what appeared to be decayed leaves,
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and vegetation that had accumulated over the years.
The second report from Mr. Lapar referenced Hunter's Creek
Stream Cleaning and Realignment and it was his opinion that
the work of cleaning the stream be commenced as soon as
possible. He was present and informed the Board that he had
been approached this day by the Dutchess County Department of
Health, the Mosquito Control Division, and they agreed to do
the work originally proposed by Wilson Excavating; this would
be at no cost to the Town, unless it necessitated rock blasting.
The Board had no objection to this action, however, Mr. Versace
emphasized that his main concern was the area in back of Mr.
Webb's property at Cameli Drive -Pleasant Lane area. If, after
the stream is cleaned and there are still problems, he wanted
to be assured that the Town would go further to remove the
rock area. The Board agreed with this reasoning.
MR. DIEHL moved that Mr. Lapar be authorized to give permission
to the Dutchess County Department of Health to proceed with the
project of cleaning the stream from Old State Road to Route 9D.
Seconded by Mrs. Mills
Motion Unanimously Carried
MR. DIEHL moved to notify Wilson Excavating Company that at this
time the Town is not awarding the bid for Hunter Creek Stream
Cleaning and thank them for submitting the bid.
Seconded by Mr.Johnson
Motion Unanimously Carried
Prior to the motion, Mr. Johnson had requested that Mr. Lapar
inspect the area after the County had completed the project and
at this time, Mr. Ernst Martin, Jr. who had discussed this
project with Mr. Lapar, asked that he be notified and he, too
would walk the area with him. Mr. Martin was one of the
property owners where the stream ran and was the downstream
bridge owner and was concerned about the project since it would
affect him.
The Planning Board had forwarded copies of their proposed updated
Subdivision Regulations to the Board and had scheduled a public
hearing on the Regulations for October 20, 1980 at 8 P.M. They
further stated that they expected to adopt the regulations and
recommended approval by the Town Board following the public hear-
ing.
MR. JOHNSON moved to refer this matter for discussion at the
November work shop session and invite the Planning Board to
attend the session.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Three reports were received from the Building Inspector ---the
first one referenced Building Permits in the Pondview Subdivision,
and he questioned if the motion adopted on March 10, 1980 which
directed him to stop the issuance of building permits in that
subdivision, had been rescinded, or was still in effect.
It had been recommended that the Town Board meet with the devel-
oper of that subdivision and the Attorney requested that they set
a date for this meeting and he would set it up. The Board decided
to meet on October 30, 1980 at 7:30 P.M. with the developer.
MR. VERSACE moved to inform the Building Inspector that the
motion was still in effect and he was not to issue any building
permits in that subdivision until after the meeting of October 30,
1980, when they hoped to resolve the problems in that area and
would then notify him if there was a change.
Seconded by Mr. Johnson
Motion Unanimously Carried
The second report was in regard to building permit fees and a
survey made by Mr. Gunderud comparing them to adjoining towns,
which had been requested by the Town Board. After researching
and comparing these schedules, he then recommended a fee schedule
for the Town of Wappinger, to be considered by the Board.
MR. JOHNSON moved to receive this report and place it on file.
Seconded by Mrs. Mills
Motion Unaimously Carried
The last report from Mr. Gunderud was in answer to the Board's
request for his version of a complaint of harassment by Mr.
Geraci. Mr. Geraci was present at the last meeting of the Board
and went into detail on alleged harassment by the zoning Depart-
ment.
MRS. MILLS moved to receive the Building Inspector's report and
place it on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
At the request of the Town Board, the Attorney had researched
the matter of the Henzler request for a connection to the water
line at town expense. It had been originally denied, but there
was some confusion on two lots, benefit assessments and maybe
even illegal subdivj.sion. It was his recommendation after his
research that the applicable town policy would dictate that no
refund be given on benefit assessment nor could a tap be installed
by the town. Mr. Versace's contention was that each lot was
entitled to a tap, even though Mr. Adams had indicated that the
prior owner had requested only one. Mr. Lapar felt that this
property owner had an alternate of paying the benefit assessment
back to when they started which was 1973, but it would cost less
for him to provide the tap. The previous owner got away with
paying the assessment for one lot , now that it was a new owner
the burden falls on him. Mr. Versace did not agree with this
reasoning; he insisted that the Town was looking for a way out,
so they just tell Mr. Henzler "tough luck". Some people didn't
even want a district, but when it was formed they were each
entitled to a tap and they got one. He went on to say that the
town never follows through with the promises made at public hear-
ings, because they think the public has a short memory. Mr. Lapar
reiterated that at the time the district was formed, this property
was one lot; this was on the map, and just because it is now two
lots, it does not automatically entitle them to another tap. He
went on to say that a subdivision was created without benefit of
going through the Planning Board to form one. Mr. Versace felt,
on the other hand that the town had a moral obligation to provide
this service.
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Mr. Johnson took exception to the statement made by Mr. Versace
that the Town Board does not follow through on statements made
at public hearings. They have no idea of what transpired in
Mr. Henzler's real estate dealings and he felt Mr. Henzler
might have created his own problem. Mrs. Mills felt that the
matter was referred to the Attorney for recommendation and his
opinion is that the town has no obligation to provide the tap
to Mr. Henzler and therefore, the Board should accept this.
Mr. Diehl cited similiar situations when homes are sold and
water or sewer bills are not paid, and if the attorney does
not pick this up at the closing, the new owner is responsible.
This would be just passing the expense on to the district.
Mr. Hirkala, being recognized by the Chair, seemed surprised
that no one seemed to know the history of the lot or lots;
why didn't someone in the town discover this and do something
about it.
Mr. Diehl then asked that Mr. Adam's letter be read.
September 5, 1980
Town Board
Town of Wappinger
Wappingers Falls, New York
Re: Hensler
Dear Members of the Town Board:
I have reviewed this matter with Thomas Logan, Assessor,
and he advises me that the first time a separate benefit
assessment was levied against the "new" lot was in 1979.
Previously, and at the time that the original water taps
were put in by the town, that property (two lots) had only
one tap as the prior owner apparently only requested one.
The new benefit assessment was imposed after Mr. Hensler's
conveyance which was, in my opinion, an illegal subdivision.
The fact that the parcel in question was separately described
on a deed does not in itself create a separate lot as both
parcels were taken together in one deed.
If the benefit assessment was improper, it normally is a
precondition to the refund of the same that a timely protest
be made. It is my understanding that no protest was made by
Mr. Hensler with respect to the imposition of the benefit assess-
ment. It isalso my understanding in conferring with Mr. Logan
that as previously expressed in prior correspondence, while
the town previously installed taps for lots which were the
subject of benefit assessments at the time of the creation of
the water district, it has steadfastly observed the policy of
not installing taps for new lots created subsequent thereto.
CB
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Accordingly, it is our conclusion that the applicable
town policy would dictate that no refund be given nor no tap
installed by the town.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Jon Holden Adams
MR. JOHNSON moved that Mr. Henzler be advised that the Town
Board has denied the water tap nor can a refund be given on the
Benefit Assessment.
Seconded by Mrs. Reilly
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
Another report from the Attorney was in regard to the public
notice relative to the hearing on the variance for the Van de Carr
trailer and his opinion was that there was no flaw in the legal
notice "we find the substance of the notice to be suffi-
cient to give adequate notice of the nature of the application".
MR. DIEHL moved that the two concerned persons, Mr. Richard
Tallman and Mrs. Van de Carr be advised of the opinion expressed
by the Attorney and that the Town Board sees no need for any
further action, and copies of the Attorney's letter be sent to them.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A report was received from the Attorney on Condominium Con-
versions and Mr. Johnson informed the Board that this subject
had come up at various meetings with the Planning Board and the
Building Inspector, and had been prompted by the request from
Hidden Hollow Apartments to convert to condominiums.
MR. JOHNSON moved that this communication be forwarded to the
Building Inspector and the Planning Board for their information.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Hawksley was present to speak as a member of the Hudson
River Oil and Hazardous Substances Spill Committee and presented
their Contingency Plan to the Board which he said was about 90%
complete. The maps which represent the various terminals, mu..
nicipal water intakes etc. in the boundaries of the committee
area have not yet been included. He had included with Mr.
11
C
Diehl's copy, a booklet on Rules and Procedures for the
Committee and he asked that, due to the fact that it was not
completed, it should not be forwarded to:the Attorney. Mr.
Diehl interrupted him to say that he already sent the copy
on to Mr. Adams who .had responded with the opinion that
should the Town be committed to certain functions of the
rules and procedures, it could become a financial burden to
the Town. A copy of this letter had been forwarded to Mr.
Hawksley, but he had not, at this date, received it. Mr.
Hawksley assured them that this was a "committee" and was a
completely voluntary miabbership with no monetary involvement.
However, Mr. Diehl preferred to wait until everything was
complete and new wording submitted on the rules and procedures,
and the Attorney would again be requested to recommend. This
matter was tabled until the next meeting.
Mrs. Mills asked that the following letter be read:
October 3, 1980
Bernice Mills
Town Council
Town of Wappinger
Mill Street
Wappingers Falls, New York 12590
Dear Bernice,
On behalf of the homeowners in Wappinger Park, I
would like to take this time to thank you for the time and
energy you have expended in our effort to resolve our
continuing water difficulties.
We most especially appreciated your attendance at
our meeting of September 24, 1980.
Again, thank you.
Sincerely,
s/ Rose
Mrs. Mills identified "Rose" as Rose Wells, President of the
Wappinger Park Homeowners Association, and then went on to
report on the meeting that was mentioned. The Association met
with Mr. Hankin, owner of the present water system, who she
described as a "tough nut" to work with in regard to lowering
the purchase of the system. However, they were continuing their
efforts in the hopes that he would be a "nice guy" and remember
the money brought in from the water bills in that area.
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Mrs. Milts then brought up the subject of a Hot Dog Truck
parked on New Hackensack Road across from Dave Alexanders,
and noted that the truck seemed to be permanently stationed
in that spot. He has a big sign, "Hot Dogs" and an arrow
pointing in the direction of the truck; he pays no rent and
she feels that the requirements of the Peddler's Ordinance
should be enforced that of h hour parking and then move
to another location.
MRS. MILLS moved that the Zoning Administrator be advised of
this fact and ask that he check out this matter.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Her next report was on a meeting of September 25, 1980 with
Mr. Dracunis of the New York State Department of Transportation,
Mr. Pagones, Wappinger County Legislator and members of the
Village of Wappingers Falls Trustees, regarding improvements
proposed on Route 9D down to Ketchamtown Road. The planning
would start in January 1981 and the project was expected to be
completed in 1982. Mrs. Mills brought to their attention, at
this meeting, that the Town Board was on record requesting bike
paths on 9D and also sidewalks, if not on two sides of the road,
they would settle for one side. She also pushed her pet project,
the culvert at 9D and was told they planned to spend money on
this project, and they were also told that, possibly by June of
1981, if it seems that the public would be interested, they
would hold a public hearing on these improvements.
The tender of a corrective deed from Klassen Builders was on
the Agenda, but the Attorney still required more information,
and it was therefore tabled for action at the next meeting.
Mr. Diehl had previously sent to the Board Members, a draft of
a proposed Local Law on Vandalism and Disturbances (Regulating
$ossession of Open Containers in Public Places) and now asked
for their recommendations on this law.
MR. JOHNSON moved that the Attorney be directed to prepare
a Local Law, as recommended by Mr. Diehl, for introduction by
the Town Board at the next meeting.
Seconded by Mr. Diehl
Motion Unanimously Carried
A vacancy still existed on the Recreation Commission, however
no recommendations had been received from them as they were
still interviewing interested applicants.
MR. DIEHL moved that this appointment be tabled until the
next meeting of the Board.
Seconded by Mr. Johnson
Motion Unanimously Carried
Copy of a memorandum to Commissioner James Spratt from Mr.
Anagnos, Dutchess County Department of Public Works, re the
intersection of Osborne Hill
been received by the Board.
communications to them after
from Mr. McCann who lived in
Road and Ketchamtown Road, had
This was in response to Mr. Diehl's
the Board had received complaints
the trailer park on Ketchamtown
Road. He felt that the intersection was adequately
with regulatory signs and the presence of marked no
zones aided in the control of traffic in the area.
controlled
passing
Some improve-
ment could be attained by tree and brush removal within the road
right-of-way along the Hussey property and Mr. Anagnos recom-
mended that the town provide appropriate centerline and edge -
line pavement markings on Ketchamtown Road, referred to as
striping.
Mr. Hirkala, being recognized by the Chair, remarked that
this was a bad intersection, and the speed limit was not
observed. He traveled the road every day and at one time, the
State Police was very evident on the road but he had not seen
them lately. He suggested that they be contacted to put speed
traps there.
Mr. Diehl then assured him that the State Police
and the Sheriff's Department are constantly patroling that
area, he must be traveling at a time when they are not answer-
ing calls in that area.
3
MR. DIEHL moved that Mr. Horton be instructed to take action
to stripe Ketchamtown Road with centerline and edgeline pavement
markings, at the intersection of Osborne Hill Road, as recom-
mended by Mr. Anagnos of the Dutchess County Department of
Public Works.
Seconded by Mr.Johnson
Motion Unanimously Carried
Mr. Versace asked if we had responded to Mr. Horton's query on
the commencement of the Bel -Aire Storm Drain Project. Mr.
Diehl responded that Mr. Horton had been notified after his
communication was received, that the project was slated to
start within a few weeks, and it had already been started by
Mr. Alexander; they were waiting for the delivery of storm
drain pipes and it will be completed before the cold weather
sets in.
Mr. Versace then requested the Town Clerk to send a letter to
Mr. Horton to check the road at the residence of Pasquale
Miele, 37 Wildwood Drive, for a crevice left there after some
excavation had been done.
Mr. Versace then asked Mr. Adams about the status of the road
bond on Serenity Mission and was told the town was still in
litigation. The second item was in reference to the water and
sewer bond in this development ----was this still in effect even
though it had expired. There were two residences in that area
with wells and he had visited one home and found that the water
was low. He felt it was the Town's responsibility to provide
the laterals but due to litigation everything is in limbo.
Mr. Adams told him he was working on it with the claims adjuster
from the surety company, but he has not been able to contact
her since she visited his office for information. He is attempt-
ing to solve this without litigation. His suggestion was that
the homeowner tie into the system at his own expense, and if the
town collects on the bond, he will be reimbursed. When asked
by Mr. Versace, what happens if we don't collect on the bond,
Mr. Adams said then the town would have to consider the action
they would take. Discussion followed between the Attorney and
Mr. Versace on where the responsibility rests on providing
these homes with water connections; Mr. Versace named it the
Town's problem, whereas, Mr. Adams said it was the developer's
responsibility; Mr. Versace persisted that since the developer
was gone, it was up to the town to take over the obligation.
Mr. Versace then went into discussion on the recent Tri -
Municipal informational meeting and the fact that he, as well
as others went away from that meeting with questions. The
public was not satisfied with the information on the cost to
the residents.
MR. VERSACE moved that a letter be sent to the Tri -Municipal
Commission asking that a meeting be set up for the Town of
Wappinger residents and the time and place to be determined
by the Town Board and Tri -Municipal Commission.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mrs. Mills remembered there was one more item she brought up
at the meeting with the New York State Department of Trans-
portation.and that was her request for them to straighten the
curve on Rt. 9D after the Convenient store. They felt that
they could look at it and straighten it out somewhat, but not
completely.
MRS. MILLS moved to adjourn the meeting, seconded by Mr. Johnson
and unanimously carried.
The meeting adjourned at 9:40 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 10/15/80