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1980-08-11 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER AUGUST 11, 1980 . SUPERVISOR CALL MEETING TO ORDER . ROLL CALL' PLEDGE OP:ALLEGIANCE TO THE FLAG Accept Minutes Reg. July 14, 1980 --A.:REPORTS OF OFFICERS ',',4,1":1,;'" ' r.'77,UstiCesWildg/Eng Adm. Rec. of Taxes - Compt./Sup. . PETITIONS & COMMUNICATIONS a. Judith Crawford re: Block Dance, Quiet Acres b. Petition for Rezoning by Sharon L. Karlic c. Lola Saya re: Water Bill - 72 Edgehill Drive - d. Request for Court Personnel to attend training Session at Nevele Sept. 15-17 - by Judge Francese il4Ws 0-4,a(r--;11r . • e. Report from State poT re: Stream Bridge Rte 9D f. Report from H. Gunderwron Pondview Contractor/Developer .4: Report from H. Gunderud re:'Tillmans complaint regarding VandeCarr h. Opinion from attorney to Town re: Bidding practices - Fltwd & RFSD i. Ralph Holt - Topic: Little League . , j. Reports from .Wm. Horton, Highway Supt.: .1. on Mr. Versace request on hazardous Curve signs 2. Wheeler Hill complaint 3. Mina Dr. -complaints .4: recommendation for driveway inspection fees . .6• k.- Planning Bd. re: Changes to Text of Zoning Ordinance Reioek .to." Gov4reve re. IhotgAl°4 Clviseqt.Acte. assac,4,kes . COMMITTEE REPORTS Comments on Allegations that were filed by mr. Fulton RESOLUTIONS a. •Greer Toyota - Lease for Bell Site b. Consideration of supporting resolution of the Towns of Beekman, Dover, & Pawling regarding Environmental Assessment by NYS Div. of Youth for additional beds at Harlem Valley Psychiatrict Center c. Vacancy on Recreation Commission d. Bids for Hunters Creek Stream Cleaning AB. UNFINISHED BUSINESS a. C. A. DiMarco re: purchase of T/W Rte 9 Property b. Ernest Henzler re: Plaza Road Lots 9. NEW BUSINESS M. ADJOURNMENT The regular meeting of the Town Board of the Town of Wappinger was held on August 11, 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 Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Janet Reilly, Councilwoman Others Present: Rudolph Lapar, Engineer to the Town Vincent DeBiase, Attorney Supervisor Diehl asked those present to stand and salute the American Flag. All stood and said the Pledge of Allegiance to the Flag. The Minutes of the Regular Meeting of July 14, 1980, having previously been sent to the Town Board, were now placed before them for their consideration. Mr. Versace asked that a correction be made on Page 2 concerning the Bazley property which he had been quoted as saying that the property "was not within the boundaries of the Hackensack Heights area'. He asked that the word "not" be deleted. MR. JOHNSON moved that the minutes of the Regular Meeting of July 14, 1980 be approved with the correction made as noted, as submitted by the Town Clerk Seconded by Mrs. Mills Motion Unanimously Carried Reports were received for the month of July from the Town Justices, Building Inspector/Zoning Administrator, Receiver of Taxes and the Comptroller/Supervisor. MRS. MILLS moved to accept these reports and place them on file. Seconded by Mr. Johnson Motion Unanimously Carried A letter was received from Judith Crawford requesting permission to hold a Block Party on Cindy Lane on September 6th, 1980. MRS. MILLS moved to grant permission to the residents of Quiet Acres to hold a Block Party on September 6th, 1980 and inform them that they should contact the law enforcement agencies and inform the ambulance company. Seconded by Mr. Johnson Motion Unanimously Carried A petition was received from Sharon Karlic, for a change of zone for property on Route 376. MR. JOHNSON moved that this request be referred to the Ordinance Committee for review for inclusion in the Zoning Ordinance. Seconded by Mrs. Mills Motion Unanimously Carried Mrs. Lola Saya, 72 Edgehill Drive, wrote to the,Board ooncerrang.. a penalty on the water bill which she felt was unjustly levied since the bill had been sent to a former owner, and by the time it had been sent to her it was within two days of the due date. Her check had been returned for the 10% penalty since it did arrive at the tax office too late. MR. JOHNSON moved that in this case the 10% penalty should be refunded to Mrs. Saya and notice should be sent to the Comptroller and the Receiver of Taxes. Seconded by Mrs. Mills Motion Unanimously Carried A request was received from Judge Francese for court personnel to attend the training session for Justices and Clerks at the Nevele Country Club from September 15 through September 17, 1980. A request was also received from the Planning Board and Zoning Board of Appeals to attend the Annual Planning and Zoning Institute at Ellenville, New York from October 26th through October 28th, 1980. MR. JOHNSON moved to grant permission for the Justices and Clerks and both Planning Board and Zoning Board of Appeals to attend their respective conferences subject to the Town Policy. Seconded by Mr. Versace Motion Unanimously Carried At last months' meeting a motion was unanimously carried to again contact the New York State Department of Transportation in regard to enlarging the culvert at Route 9D. The Board requested that we thank them for confirmation of receipt of our letter of February 15, 1980 and request a response addressed to the contents of that letter. The following response was received: July 17, 1980 Mrs. Elaine H. Snowden Town Clerk Town of Wappinger Mill Street Wappingers Falls NY 12590 Dear Mrs. Snowden: SH 222, Route 9D BIN 1006370 Dutchess County This will confirm the telephone conversation of July 16, 1980 between Mrs. Ruit of your office and myself concerning the stream bridge just south of Middlebush Road. As I told Mrs. Ruit, we have been unable to investigate the capacity of the bridge as you requested by letter of February 15, 1980 due to the press of other business. We have not, however, forgotten your request and anticipate that we will perform the capacity analysis in the near future. We apologize for the time it has taken to get to it and ask that you bear with us a little longer. Very truly yours, s/ P.M. Hof Associate Civil Engineer MRS. MILLS moved that a copy of this letter be sent to Senator Rolison and ask that he intercede, on behalf of the Town, in this matter, and hopefully expedite the project. Seconded by Mr. Johnson Motion Unanimously Carried The following report was received from Hans Gunderud: July 15, 1980 Town Board, Town of Wappinger Town Hall, Mill Street Re: Pondview Contractor/Developer - where -abouts Dear Members of the Board: I have called the Building Inspectors in the Towns of Fishkill and East Fishkill, as well as the Engineer who had done all the plot plan work for the referenced contractor, and have been informed that Mr. Bartolomeo has not been seen in this area for over six months. I understand from a previous sub -contractor that Mr. Bartolomeo is building "down in New Jersey". I hope this information is adequate for your request. Sincerely, s/ Hans R. Gunderud Building Inspector & Zoning Administrator Mr. Diehl had also been investigating this matter and received information last week that there was another principal owner of this development and attempted to contact this person; he was waiting for a response to this communication which addressed the subject of permission for cablevision lines and dedication of the roads. MR. JOHNSON moved to receive this communication and place it on file. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Versace then commented that the Building Inspector had been instructed not to issue building permits for the remaining six lots in Pondview, however, he wanted to know what legal procedures would have to be taken to prevent transfers of these six lots. This was referred to Mr. Adams for a legal opinion. The following report was received from Mr. Gunderud regarding Mr. Tallman's complaint on the location of the Vande Carr trailer: July 30, 1980 Town Board, Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York 12590 Re: Tallman's Concern on VandeCarr Variance Dear Members of the Board: In reply to your instructions to "check on the location of the trailer to ascertain that it is placed on the lot for which the variance was granted", please accept the following: 1. I issued the building permit based on the Zoning Board of Appeals "Action on Appeal" which granted the variance. 2. The information submitted by Mrs. VanDeCarr, reviewed by the Board, heard during the Public Hearing and ruled on by the Board, indicated to me that it was unclear as to exactly which lot the trailer was placed on, the only criteria clearly brought out was that "the trailer would have to be set back at the minimum distance for that zone..", which it was. The only c concrete indication of where the trailer was to be placed, was its position as indicated on a map presented to the Zoning Board of Appeals by Mrs. VanDeCarr. Other written (and even site inspections by members of the Board) descriptions of the placement are unclear and/or contradictory. I used the map location in my determination of checking on the placement and the trailer was placed on the lot indicated, although at a different orientation. 3. I have written the Town Attorney, for a legal opinion as to what is in fact approved, when the Zoning Board of Appeals grants a variance. You are copied on that letter. I hope this answers the question. Sincerely, s/ Hans R. Gunderud Building Inspector & Zoning Administrator A copy of Mr. Gunderud's letter to the Attorney and his response was also enclosed. MR. VERSACE moved that this correspondence be received and placed on file and also copied to Mr. Tallman. Seconded by Mr. Johnson Motion Unanimously Carried The following report was received from Mr. Adams: July 17, 1980 Town Board Town of Wappinger Wappingers Falls, New York 12590 Re: Proposed Corrective Action, Fleetwood Sewer Plant and Rockingham Waste Water Treatment Facility Dear Members of the Board: At the last town board meeting, you requested an opinion from us as to whether or not the corrective action outlined by Camo Pollution Control Inc. in its letter of June 24th, 1980 relative to the above sewage plants could be undertaken without competitive bidding. The scope of the work outlined by Camo is essentially that of a public works project. Under the provisions of General Municipal Law Section 103, public works contracts involving an expenditure of more than $5,000.00 may not be undertaken without observance of the competitive bidding procedures. A review of the proposals submitted for each of the two plants indicated that common to the work being undertaken is the objective of correcting certain deficiencies presently existing within said plants. Presumably, the individual or organization performing such work would possess the necessary experience or qualifications to perform each of the numerated items outlined by Camo (unless I am advised to the contrary by Camo). Under such circumstances, it would appear to me that the corrective work would have to be viewed as one aggregate activity, and that competitive bidding would be necessary as the cost as projected by Camo for both of the two plants is well in excess of $5,000.00 A contrary interpretation might very well invite the contention that the proposed projects are being broken into separate contracts for purposes of avoiding 7 competitive bidding. I would also note that an exception exists to the competitive bidding requirements where there exists an emergency or other unforeseen occurrence or condition creating circumstances affecting the public health which would require immediate action and which cannot await competitive bidding (General Municipal Law Section 103, subdivision 4). I have also taken into consideration the provisions of the current contract which provide in part that Camo will undertake corrective maintenance on a cost plus basis when directed to do so by a designated representative of the town. However, that contract must be read together with the provisions of the General Municipal Law, as by contract the town could not impair or otherwise avoid oblations created by that statute. Hence, we wouldconstrue the provisions of the contract to permit cost plus corrective maintenance work to be done by Camo only when such work was not subject to competitive bidding. We will be happy to answer any further inquiries you might have on this subject. Very truly yours, s/ Jon Holden Adams Corbally, Gartland & Rappleyea Mr. Diehl then spoke to the Board regarding a continued problem at the Fleetwood plant, which, in his opinion, constituted an emergency situation. He therefore instructed Camo Pollution Control to take immediate action to correct the problem. Mr. Versace took exception to this action and felt that Mr. Diehl should have called a special meeting of the full Town Board in order for them to have knowledge of this emergency and approve of the expenditure involved. Mr. Diehl then read the following letter: August 7, 1980 Town Board -Town of Wappinger Town Hall -Mill St. Wappingers Falls, NY 12590 Re: Enclosed: 1. Supervisor emergency order letter Aug. 4, 1980 2_. Estimated time projected revised this date. Dear Members of the Town Board: Complaints of severe pollution problems from Jim Napoli, Dutchess County Health Dept., residents; Al Windheim, Tom Sorrentino, Fleetwood Dr. and Hank Kowalsky who has a pond on his property where stream also passes, plus complaints from other residents bordering stream from sewer plant. We have also received a variety of calls from Fleetwood residents on ODOR. My letter of August 4, 1980 is self explanatory. Some additional comments: 1. If you have any individual questions I suggest you refer them to New York State and Dutchess Co.. Health Dept. 2. Those who were at N.Y.S.D.E.C. meeting in White Plains, some months ago, were told if the Town takes action, yes the Town would receive O.M. State Aid. The Town once promised action before and did not act after receiving 0.M. aid on a prior agreement. So, I acted and we should for Fleetwood for 1978 & 1979. 3. Again, a test was made at the stream by Fishkill Testing Laboratories, which showed 24,000 coliform when the top maximum should only be 200 coliform. Yes, it showed 24,000 and 200 is the top's accepted by the health dept. 4. If this is not an emergency, I don't know what is? Very truly yours, s/ Louis D. Diehl Discussion ensued on this subject and Mr. Versace repeated that the Board should have had knowledge of this action before Mr. Diehl expended the money. He had no objection to the expenditure for corrective actions for Fleetwood, only the manner in which it was done. Mr. Diehl further explained why he went ahead with his action and informed them that $10,000 of the $14,000 expenditure would be refunded by state aid. Mr. Incoronato was recognized by the Chair and asked what cost would be borne by the district. Mr. Lafko was also recognized by the Chair and differed with Mr. Diehl's interpretation of the attorney's letter relating to an emergency situation and who had the authority to declare. same. Mr. Diehl then asked for a vote of confidence from the Town Board in support of the action he had taken. MR. JOHNSON moved to support Mr. Diehl on the emergency action taken by him to expend funds for repairs to the Fleetwood plant. Seconded by Mrs.Mills Roll Call Vote: Louis Diehl Nicholas Johnson Bernice Mills Janet Reilly Frank Versace beim Aye corrected Minutes of Aye 9/8/80 Aye Absent Abstain Mr. Versace justified his abstention on this motion by stating that although he was well aware of the corrective actions needed in Fleetwood, and knew the amount of the expenditure involved, and the fact that the Town would receive state aid on this expenditure, he objected to the fact that when this emergency arose, the Board was not notified and there was no special meeting set for the purpose of acting on the matter. He was still waiting for Mr. Diehl to acknowledge the fact that this procedure should have been followed and would be done in the future. He further stated that prior to this emergency he would have voted yes on this expenditure, but now it is after the fact. Mr. Ralph Holt, President of Little League had requested to be on the program, and Frank Worthmann was present to speak on his behalf. Also present from this Association were Ron Friedman and Terry Fisher. Mr. Wortham thanked the Board for their willing- ness to hear their presentation and proceeded to give a history of the program and their future plans. Mr. Friedman presented a map to the Board showing 6 new proposed fields in addition to the new senior league field started last year. Three of these fields needed a minimum of grading and three of them required substantial fill and grading. They intended to supply the labor and looked to the Town for fill, seed, fertilizer, paint and brushes for the building, the use of the new tractor and sod cutter owned by the Town. At the conclusion of theirpresenta- tion they proposed two more items for consideration of the Board sometime in the future ----1. lights for the Big League Field, and 2. leasing Robinson Lane to Little League for 25 years at $1.00 consideration. Mr. Versace asked Mr. Worthmann what figures he was talking about as a total for dirt, paint, etc. The Recreation Commission could not handle the total expenditure, but perhaps, some funds could be taken from the Capital Project Fund of the Recreation Commission; this is what it was intended for. A figure of $4,000 was talked about, but it was not definite and Mr. Worthmann was asked to come up with a definite figure. Mr. Johnson recommended that a meeting be set for Tuesday, August 19, 1980 at 7:30 P.M. with the Town Board, Recreation Commission and Little League Representatives to further discuss this subject. Mr. Lafko, being recognized by the Chair, then offered some of his equipment to help push dirt around at Robinson Lane this weekend, but the Association could not take him up on his offer for that time since a tournament was planned for that weekend. 1 060 10 In answer to Mr. Versace's request from last month, Mr. Horton replied on signs for hazardous curves in the Town stating that "arrow" signs were installed on Spook Hill Road, Robinson Lane, Old Route 9 and Connor's Road, also double arrow signs at Cedar Hill Road and Old State Road. Another report from Mr. Horton was in reference to correspondence received last month regarding an area on Wheeler Hill Road where it was blind and narrow and changed angle abruptly. He felt that a "Keep Right" sign would take care of the problem and had ordered two, one for each side of the crest of the hill. A third report referenced the complaints received Mina Drive and Mr. Horton's reply to these ten complaints. It was recommended that this correspondence be sent to Mr. Sammon at 20 Mina Drive who had represented the residents of that area at the last meeting. Mr. Versace had requested and received information from U. S. Cablevision Corp. on the status of installation of cablevision in that area. He asked that this, too, be forwarded to Mr. Sammon. A recommendation was received from Mr. Horton on charging a fee of $25.00 to cover the cost of driveway inspections, and it was requested that this be forwarded to Mr. Gunderud's office. A letter was received from the Planning Board requesting changes to the text of the Zoning Ordinance. This had been discussed by the two Boards and the Attorney had taken notes which he was forwarding to the Planning Board. MR. JOHNSON moved that this letter be received and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Gunderud reported on violation of laws and ordinances by Chelsea Ridge Associates who were building the Chelsea Ridge Mall onF_Route 9D. He was notifying the Town Board of these violations so that they would act on the matter. Mr. Versace had previously discussed the matter with Mr. Gunderud and related the history of the problems Mr. Gunderud had had with the developer and felt he had used every avenue to put a halt to the violations. MR. JOHNSON moved that the Building Inspector be authorized to proceed to the next step of legal action, with the help of the Attorney, to put a stop to the building at the Chelsea Ridge Mall until all violations have been corrected. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Chih Chum Hu,10 Nancyaleen Drive, Pondview Development, was present and asked to speak to the Board regarding a drainage problem. He could not find the developer and felt the Town could help him. Mr. Diehl referred this to the Engineer to the Town to review and determine if it was a Town problem or that of the homeowner. Mr. James McCann, a resident of a trailer park on Ketchamtown Road was present and asked to speak on a dangerous situation when exiting from the trailer park on to Ketchamtown Road. He had previously discussed the matter with Mr. Diehl who, in turn, had referred the matter to Mr. Horton for investigation. Mr. McCann had received a copy of Mr.Horton's reply and took exception to the facts, as presented. The following letters were read by Mr. McCann: Memo To: From: Date: Re: William Horton Kenneth Croshier Louis Diehl June 17, 1980 Exit from Trailer church property. Received complaints of on Ketchamtown Rd. Park on Ketchamtown Rd. approximate dangerous exit from the trailer park Site distance is bad coming onto Ketchamtown Rd. from vehicles going in direction of 9D from Osborne Hill Rd. Will you inspect and advise what legal directions can be pursued to correct what complainant believe a potential dangerous exit. Perhaps "Hidden Drive" - Church exit might be a help. s/ Lou 1 1 Memo To: Louis D. Diehl From: William P. Horton Subject: Trailer Park Exit onto Ketchamtown Road Dated: July 16, 1980 This morning I again inspected the above site, and, as Ken Croshier had previously reported to you, this is a private problem. Site distance is clear and unobstructed for a distance of at least 400 feet on Ketchamtown Road heading east and west. Further, exiting from the driveway onto Ketchamtown Road, site distance is equally good. There are some hedges planted on either side of the driveway, on private property, but they do not block visibility. A "Hidden Drive" sign is not warranted since the driveway is fully visible to traffic travelling on Ketchamtown Road. I believe the problem to be poor driving habits, i.e., not stopping and looking both ways before exiting onto Ketchamtown Road. While reading the letter Mr. McCann commented on the items mentioned ---the site distance was not 400', it was 300', he measured it. He differed with the directions "east and west"; he was not speaking of east, but west, since he could see for a mile going east. The hedges do block visibility and he felt a sign was warranted. Mr. Henry McGuigan, also a resident of the trailer park, was recognized by the Chair and spoke on another dangerous situation on Ketchamtown Road approaching Osborne Hill Road ---that of a blind spot where the view was blocked. MR., DIEHL moved to request Mr. Horton to take a second look at the exit from the trailer park on to Ketchamtown Road and also review the intersection of Ketchamtown Road and Osborne Hill Road, and forward his recommendation to the_Board. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Johnson reported that the Tri -Municipal Commission had had a meeting in Washington with Congressman Fish and the EPA and asked assistance on the following --the time frame for completion of the program will present a financial handicap and they sought help from the EPA who suggested "fast tracking" which was a method of overlapping some of the procedures. The attorneys indicated that there might be a problem with Audit and Control in the matter of receiving a grant from EPA and the time element involved with the bonding resolution. Information was received from the consultants confirming the fact that the project still leans toward a single plant on the Hudson; the final EIS Draft is on its way and there will be an informational meeting on September 15, 1980 at 7:30 P.M. at Vassar Road School. Mr. Johnson and Mrs. Mills, had checked out a drainage problem that had previously been referred to that committee, on property owned by Fiona Banta, Diddell Road. They were both of the opinion, and Mr. Horton confirmed this, that the Town was not involved and had no liability in this matter and he had informed Mrs. Banta's attorney of this fact. MR. JOHNSON moved that Mrs. Banta and her attorney, Mr. Jurina be informed that the Town has no responsibility in this matter and all future correspondence should be addressed to the Attorney to the Town. Seconded by Mrs. Mills Motion Unanimously Carried A rezoning request from Mr. Heffernan had been received at the May meeting and referred to the Ordinance Committee. They had reviewed it at their work shop session at which time Mr. Versace was present and some members of the Planning Board and they all had agreed that the proposed project presented too much density for the area. MR. JOHNSON moved that this rezoning request be denied based on the plan submitted. Seconded by Mr. Versace Motion Unanimously Carried The real estate salesman involved with the proposed project was present and voiced his objection to the procedure he had been requested to follow. If this wasn't acceptable, what was. He objected to the time and the money this plan had cost him. Mr. Johnson then told him that the plan, as submitted, was rejected, but that did not deny him the right to resubmit another plan. Mr. Versace interjected his thoughts on the subject and felt that the proper procedure for a zoning change was to submit it to the full Town Board, since they were the ones who would approve or 3 deny such a request. Mr. Johnson requested that a letter be sent to Mr. Gunderud instructing him to set up a meeting with the Fire Chiefs of the Town Fire Companies to discuss the amendments to the Fire Ordinance. Another item Mr. Johnson brought up was that of a previous request from the Recreation Commission to determine the condition of the barn owned by the Town on Montfort Road. He asked that they again be contacted and asked to report on this matter. The last item Mr. Johnson brought up was an article in the publica- tion put out by Association of Towns regarding a town highway improve- ment plan which runs in 10 year cycles which would expire in 1982; a bill to .renew it was vetoed by the Governor, however the Senate moved to overide this veto, but the Assembly has not taken this action. Since this would be advantageous to the Town since it would mean money coming back to the Town for monies spent on highway projects, he recommended writing to our Assemblymen asking that they vote for an overide of the Governor's veto on this bill. Mr. Lafko was then recognized by the Chair and asked to speak on Hunters Creek project which had been put out to bid by the Town. He preferred, however, to table this discussion until the subject came up later on the agenda. Mr. Diehl then asked Mr. Fulton if he wanted to comment on the documents he had previously submitted to the Town Board relating to alleged conflicts of interest on the part of the Engineer to the Town. Mr. Fulton asked what they intended doing with these documents; were they forwarded to the attorney; did they get a legal opinion on them. Mr. Diehl answered that he personally felt there was no reason to seek a legal opinion, no wrong doing had transpired and that was his opinion. Mr. Johnson felt that no action was necessary, and they were therefore rejecting the allegations. Mr. Versace commented that he had not received any legal correspondence on this matter. Mrs. Mills had reviewed the documents and saw no wrong doing on the part of the Engineer to the Town. ,LJ 15 MR. VERSACE moved that the information received from Mr. Fulton be forwarded to the Attorney to the Town for his opinion. Motion Failed for Lack of a Second Mr. Versace then asked, on his own behalf, that these documents be forwarded to the Attorney for his opinion. A letter had been received from Brenner & Gordon, attorneys representing Mr. Samuel Greer of Greer Toyota, Inc. requesting a lease agreement with the Town of Wappinger for the property known as the "Bell Site". Originally, permission had been granted for the bill to remain on this site for two years; it was now five years. They felt a lease could be entered into for one dollar a year and this would protect the owners of the property. Mr. Diehl had forwarded this correspondence to the attorney and was waiting for a reply; he assumed they could act on this matter at the next meeting. The following memo was received: To: Dutchess County Town, City and Village Clerks From: Mary A. Lavoie, Dover Town Clerk Subject:Resolution calling for Environmental Assessment Forms from the N.Y.S. Division for Youth On July 28, 1980, at a joint meeting of the Dover, Pawling and Beekman Town Boards, the attached resolution was adopted, and, I was instructed to forward a copy to you for consideration by your board. It is the hope of the three boards that each Town, City and Village in Dutchess County will adopt a similar resolution, or, a resolution in support of the one enclosed, and, forward copies to the Governor and other appropriate state officials. I would appreciate being notified of any action your board takes on this resolution. Thank you, s/ Mary A. Lavoie The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED, that the Town Board of the Town of Wappinger supports the resolution adopted jointly by the Town Boards of Beekman, Dover and Pawling on July 28, 1980 regarding Enviralmental Assessment by the New York State Division of Youth for additional beds at Harlem Valley Psychiatric Center and, BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Governor and other appropriate state officials. Seconded by: Councilman Johnson Roll Call Vote: 4 Ayes 0 Nays 1G A vacancy still existed on the Recreation Commission, but no recommendations had been received from the Commission. Diehl asked that a letter be sent to the Commission asking for a recommendation. Mrs. Mills commented that the person she had recommended for this vacancy had not heard from the Commission. Mrs. Reis had sent a resume to them but had received no response. It had not been received at the Town Clerk's office and Mrs. Schmalz, a member of the Commission who was present, said she had not seen it. Mrs. Schmalz suggested that she resubmit this resume to the Town Clerk. Mr. Diehl recommended that a letter be sent to the Recreation Commission informing them of these facts and ask for a recommendation on this vacancy. Bids had been received for the Hunters Creek Stream Cleaning and before the Board considered actions on these bids, Mr. Diehl asked Mr. Lafko if he had any comments to make. Mr. Lafko then remarked that he was working with Mr. MacDonald on this matter who had visited the New York State Department of Transportation to determine what stage the state was in, in regard to the widening of the culvert at 9D and found that the project was not even off the ground on paper work. Mr. Lafko's thoughts were that if the money wasn't in the state budget, they weren't going to move, but if the Town can supply money, they'd cooperate. He then mentioned the downstream drainage funds that were available from affected subdivisions which could be spent on. this project; these funds would be reimbursed, according to Mr. Lafko, or at least a percentage of it. He urged the Board to proceed in this manner, it would expedite the project, and further he contended it was not a state problem, it was a town problem. Mr. Lafko threw out names of people he and Mr. MacDonald had had conversations with regarding the willingness of the state to cooperate with the town on the project. Mr. Lapar had spoken to the person that was investigating and conducting the study and so far he disagreed with his findings. The person mentioned was Mr. Robert Newhart, the engineer from the New York State Department of Transportation who would determine if the state should go ahead with the work. Lapar intended writing to him with his professional opinion, but if the final determination was negative, then it would be the Town's 17 responsibility. Mr. Lapar was requested to obtain information on the percentage of reimbursement that was available through the state on this project and also inquire from Mr. Newhart a possible alternate plan. Another offer was received from Mx. DiMarco on the building owned by the Town on Route 9 in the Village. The offer was for $35,000.00 and Mr. Diehl suggested that the Town contract with an appraiser to ascertain that this was a fair offer. MR. VERSACE moved that the Supervisor's office enter into a contract with an independent appraiser who would provide the Town with the present value of the property on Route 9 owned by the Town in order to determine if the proposal made by Mr. DiMarco is acceptable. Seconded by Mr. Johnson Motion Unanimously Carried A second item under unfinished business was the request of Mr. Ernest Henzler for the town to provide sewer and water laterals on his lot at 3 Plaza Road. At the last meeting Mr. Lapar had reported to the Board that the lot was not in existence at the time of the installation of sewer and water laterals, it was a part of a larger parcel and since it was a new subdivision, it was the responsibility of the owner to provide and install these laterals. Mr. Henzler was informed of this opinion, but he con- tended that this lot was never combined with another one, only erroneously on the tax maps. He was present at the meeting and claimed he was paying benefit assessments on the lot and should be serviced with laterals. A lengthy discussion ensued on Lots #12 and #13, whether it was a subdivision or not, whether they were being legally charged with the assessments, and the confusion remained on whether or not he was entitled to the service. There was a possibility that the Town would have to refund these assess- ments. MR. VERSACE moved that the Town be authorized to place a water and sewer tap in front of existing Lot #12 facing Plaza Road, conditional upon proper legal procedure and subject to establishing the fact that Lot #13 facing Kent Road and Lot #12 are paying 11 individual Benefit Assessment Charges. Seconded by Mr. Johnson 16 Motion Unanimously Carried Mr. Lapar asked if the Town had received any information on the speed limit on All Angels Hill Road; he was concerned about the accidents that had been happening; his mailbox had been recently knocked over and he was unhappy over the poison ivy he had contracted in his endeavor to replace the mail box. Mr. Versace noted that they had met with County Legislator Lois Gray and she indicated that she would pursue this matter. Mr. Fulton was recognized by the Chair and asked Mr. Versace if he had received an answer from the attorney on the question of the bond submitted for water service for his son's property. Mr. Adams had written to the bonding company and was waiting for a reply. Mr. Fulton then informed the Board that he had received a Court Order from the Town signed by Justice Juidice, and asked them if they were aware of it. He stated that he had never put a foot on the Town property in relation to the tests that were being conducted, he had not trespassed; he had with him a certified check for $100.00 for trespassing, but he was holding it since he doubted that the Town had an ordinance on trespassing. It was determined that this was not a law suit, it was investigatory, and the results of this investigation would determine whether or not there would be a law suit. MRS. MILLS moved to adjourn the meeting seconded by Mr. Diehl and unanimously carried. The meeting adjourned at 12:10 P.M. Reg. Mtg. 8/11/80 Elaine H. Snowden Town Clerk