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1978-12-11 RGMI; AGENDA TOWN BOARD TOWN OF WAPPINGER DECEMBER 11, 1978 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES ,4. REPORTS OF OFFICERS Townjustices Receiver of Taxes Bldg & Zoning Hydrant Report for Oct. by Wm. Horton - SOLUTIONS _ s • a. Request to. dedicate Dara Lane & Reggie Drive b. Vacancy on Board of Assessment Review (Knud Clausen) c. Snow Removal Ordinance (developers) Amendment d. Swan Litigation (Dorothy Heights) e. Kord Company, Consent Order to settle, from W.G. Crane f. Transfers - M. Ryan g. Vacancy on Cons. Advisory Council (Menger) h. Youth Service Monies to be made available to assist Village i. Amendment of CATV Franchise j. Planning Board requests to be appointed as Administers of S.E.Q.R.A. k. Set date for end of the year meeting 6. PETITIONS & COMMUNICATIONS a. Robert Jonigan re: problems w/ Robinson Lane Rec. Park b. J.C. Lawrence re: request permission to connect to the Wild - wood Sewer Dist. (Trojan Homes Subd. Widmer Rd.) c. Lapar Report on C.W.W.Imp. Wells & Well Site at Hilltop d. .Jerard Hankin re: Installation of Water Meters in Primrose Subd. e. Resignation of Frank Newman from Cons. Adv. Council f. E. Hawksley re: 1. Allowance for, and consideration of, appointing students to Cons. Adv. Council 2. Site plans for Waldbaums Shopping Center 7. COMMITTEE REPORTS 8. UNFINISHED BUSINESS a. Chas. Bannett re: Temporary C.O. for house on Robinson Lane b. Sheraton Enterprises, Inc. c. R. E. Lapar Report on research Re: Dr. Boris replacement pump d. Jas. Spratt response to questions of Angelbrook Civic Asscn re: All Angels Hill Rd. e. Communications from J.H. Adams re: CATV programming 9. NEW BUSINESS 10. ADJOURNMENT 889 The Regular Meeting of the Town Board of the Town of Wappinger was held on December 11, 1978, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:07 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Micholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine Snowden, Town Clerk Others Present: William Horton, Superintendent of Highways Jon Holden Admas, Attorney The Minutes of the Regular Meetings of October 12, 1978 and November 13, 1978, having previously been sent to the Town Board, were now placed before them for their consideration. COUNCILMAN JOHNSON moved that the Minutes of the Regular Meetings of October 12 and November 13, 1978, be and they are hereby approved as submitted by the Town Clerk. Seconded by Councilwoman Reilly Motion Unanimously Carried Reports for the month of November were received from the Town Justices, Receiver of Taxes, Building Inspector and Zoning Administrator, also the Hydrant Report from the Highway Superintendent for the months of October and November and the Historian's Semi -Annual Report. MRS. MILLS moved to accept and place on file reports for the month of' November from the Town Justices, Receiver of Taxes, Building Inspector and Zoning Administrator, also the Hydrant Report from the Highway Superintendent for the months of October and November, and the Historian's Semi -Annual Report. Seconded by Mrs. Reilly Motion Unanimously Carried A request was received from Mr. Patrick Freer, Vice President._ of Shelter Mid -Hudson Properties, Inc. for the Town to take over and maintain Dara Lane and Reggie Drive in the Spook Hill Subdivision. Mr. Horton had received two releases from the residents but was still missing one from 4 Reggie Drive. Mr. Adams had reviewed the deed and maintenance bond and they appeared to be in order. The releases received were also in order. The "as-builts", however, had not been received. Mr. Lapar, Engineer to the Town arrived at the meeting during the discussion that followed with Mr. Freer who did not seem to be knowledgable of the term "as-builts". This was explained to him and he was directed to deliver them to the Engineer's office. MR. JENSEN moved to accept Dara Lane and Reggie Drive in the Spahk Hill Subdivision, subject to the agreement being signed by the owners of 4 Reggie Drive and subject also to "as-builts" being received and verified by the Engineer and Highway Superintendent: Seconded by Mr. Johnson Motion Unanimously Carried Mr. Freer then requested the return of the $500 deposited with the Town for maintenance of the roads. MR. DIEHL moved that at the completion of the conditions of the previous resolution adopted by the Town Board, the sum of $500. be refunded to Shelter Mid -Hudson Properties, Inc. and submission of the receipt for this payment to the Comptroller. Seconded by Mrs. Reilly Motion Unanimously Carried There was still a vacancy on the Board of Assessment Review due to Knud Clausen's departure from this State. Mr. Diehl directed that this appointment be tabled until the next Town Board meeting. The following Ordinance to Amend the Developers Snow Plowing Maintenance Ordinance was introduced by COUNCILMAN JENSEN: BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: The Ordinance on Developers Snow Plowing Maintenance, duly adopted by the Town Board on November 13, 1978, is amended as follows: Section is The Ordinance on Developers Snow Plowing Mainten- ance, providing for the plowing of subdivisions prior to dedication of roads is amended by adding a new Section 2.1 thereto as follows: Section 2.1 No highways within subdivisions for which there are unpaid fines as a result of proceedings instituted pursuant to this Ordinance shall be accepted for dedication until said fines have beef fully paid. Said fines are to be fully paid notwithstand- ing the fact that the fines may have been levied against predecessors in title. Section 2.1 of this Ordinance shall take effect upon adoption, posting oho /331 and publication as provided by Town Law. MR. JOHNSON moved to set a Public Hearing on an Ordinance to Amend the Developers Snow Plowing Maintenance Ordinance of the Town of Wappinger on December 29, 1978 at 4:45 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, at which time all interested persons will be heard. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Mr. Adams regarding litigation with the owners of a lot at the end of Dorothy Heights Road who have constructed a fence which literally is in the middle of what the town claims to be its road. The matter had been called for trial and the trial judge felt that it was not a case practical of resolution in trial, and that the matter should be resolved by appointing a third surveyor; (The Town had appointed a surveyor as had the defendants). Mr. Adams recommended that this approach be utilized to resolve the litigation. MR. JOHNSON moved to follow the recommendation of the Attorney and direct that a third surveyor be appointed by the court with the knowledge that the expense of the surveyor would be borne by the party whose contentions are not upheld by the surveyor. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from Mr. William Crane of the law firm of Rosen Crane and Wolfson regarding Kord Company vs. the Town of Wappinger Tax Certiorari and enclosing a proposed consent order settling same. This firm had been appointed by the Town Board to kW/ defend this case and they recommended acceptance of this settlement as the Town could not lose more than $325 in tax revenue. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: BE IT RESOLVED, that Rosen, Crane and Wolfson is hereby directed to execute a consent judgment settling the Kord Company against the Town of Wappinger tax certiorari, a copy of which is attached hereto and made part hereof, and that Rosen, Crane and Wolfson is authorized and directed to settle the above captioned proceeding pursuant to the terms of said judgment. $0) 2 BE IT FURTHER RESOLVED that said action also be subject to conditions stated in correspondence from Rosen, Crane and Wolfson to the Town Board of theTown of Wappinger dated November 21, 1978. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays A transfer request was received from Mr. Ryan for the payment of a special renewal insurance policy for special liability that must be provided to the County Commissioner. The sum was $113.00 to be transferred from A1990-4 Contingency to A1910.4. MR. JENSEN moved that the sum of $113.00 be transferred from A1990.4 to A1910.4 Insurance as requested by the Comptroller. A transfer request was received from Mr. Ryan for the following: $700 $625 $1200 $465 $115 $700 $825 $735 $830 $210 FROM A1450.1 Elections A1450.1 Elections A1450.1 Elections A1450.1 Elections A1450.1 Elections B1990.4 Contingency B1990.4 Contingency B1990.4 Contingency CF1990.4 Contingency A7110.1 Rec. Parks TO A1110.4 Justices Contractual A1330.4 Tax Collection Contr. A1355.4 Assessors Contractual A1450.4 Elections Contractual A1910.4 Insurance Contractual A1420.4 Attorney Contractual B8160.4 Refuse & Garbage Contr. B9040.4 Workmens Comp. CF7110.4 Recr. Contractual A7020.1 Recreation Admin. MR. JOHNSON moved to transfer $115 from A1450.1 Elections to A1910.4 Insurance Contractual and $735 from B1990.4 Contingency to B9040.8 Workmens Compensation. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Diehl directed that the Town Clerk request the Comptroller to justify the remaining transfers that were not acted on tonight. A request was received from Mr. Hawksley to transfer $50.00 from A8090.4 Environmental Control Contractual to A8090.1 Environmental Control Personal Services. MR. JOHNSON moved to transfer $50.00 from A8090.4 Environmental Control Contractual to A8090.1 Environmental Control Personal Services. Seconded by Mrs. Mills Motion Unanimously Carried The following Resolution was moved by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that the monies received by the Town as a result of the increase in the dog licensing fees be transferred to the Special Revenue Fund. 833 BE IT FURTHER RESOLVED, that the Comptroller is hereby authorized to transfer all future receipts to the Special Revenue Fund for the specific purpose of funding the town's dog control program. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays A memo was received from Mr. Ryan enclosing a voucher from the Highway Department debiting General Fund for payroll services rendered in the fall clean-up in the amount of $8,961.89. It appeared to Mr. Diehl that it was a request for a transfer, but he could not see the purpose of this since there was money in Highway Account to compensate the employees for their services. Discussion followed between the Board and Mr. Horton and it was agreed that this was actually not a transfer but more, a point of information of the cost of the payroll for this project. A vacancy still existed on the Town of Wappinger Conservation Advisory Council. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED, that Gertrude Minotti be and she is hereby appointed to fill the vacancy on the Conservation Advisory Council of the Town of Wappinger which has occurred by reason of the expiration of the term of Louise Monger , and it is further RESOLVED, that the said Gertrude Minotti is hereby appointed to the said Conservation Advisory Council for a term which shall expire on the 1st day of July 1979. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays At the previous meeting the Board had discussed, as requested by Chief Brilliant of the Village of Wappingers Falls Police Department, use of the Town's eligibility for youth service to assist the Village in their efforts to create the position of a youth officer. This had been referred to the Attorney and a recommendation was received from him stating that he saw no legal objection to this procedure. Mr. Adams enclosed in this communication the wording that he wished used in our communication to the Youth Bureau as follows: "I request that the Town of Wappinger's state eligibility for youth service monies be made available to assist the Village of Wappingers Falls in the creation of a juvenile officer position within the Village Police Department. 89F This officer would be assigned to work on Village and Town youth problems. This request is made and premised upon the understanding that the Town of Wappinger will not be obligated to expend any sum of money for this service, said monies to be funded fully through the programs administered by the Dutchess County Youth Bureau for which I understand there is reimbursement by the state". MR. JOHNSON moved that a letter be sent to the Youth Bureau as follows --we request that the Town of Wappinger's state eligibility for youth service monies be made available to assist the Village of Wappingers Falls in the creation of a juvenile officer position within the Village Police Department. This officer would be assigned to work on Village and Town youth problems. This request is made and premised upon the understanding that the Town of Wappinger will not be obligated to expend any sum of money for this service, said monies to be funded fully through the programs administered by the Dutchess County Youth Bureau for which I understand there is reim- bursement by the state. Seconded by Mrs. Mills. Motion Unanimously Carried MR. JOHNSON moved that a letter be addressed to Chief Brilliant that the Town of Wappinger would appreciate -monthly reports on the progress of the juvenile officer position and enclose copy of our letter to the Youth Bureau, also advise him that per his letter of October 26, 1978, any contributions to this fund would be made by the Village of Wappingers Falls. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Mr. Adams recommending an amendment to the renewal provisions of the Cablevision Franchise. The following amendment to the Cablevision Franchise was introduced by MR. DIEHL ts' The provisions of this ordinance shall be deemed to have applied retroactively to June 22nd, 1977. The term of the franchise will be for 30 months retroactive to June 22nd, 1977. No sooner than 90 days prior to the end of said term, and no later than 70 days prior to the end of said term, Cablevision shall notify the town that it elects to renew its term for an additional term of 30 months. The town, upon receiving notice of said election shall have the option before the expiration of the term, of consenting to the renewal of the term for an additional period of 30 months on the same terms and conditions set forth in this ordinance and addendum or if it so elects, it may elect 9 to renew the franchise on such additional or other terms that it may then prescribe. If renewal is granted, and if prior to the termination of the said renewal period Cablevision again elects to renew its franchise agreement, it shall observe again those procedures heretofore indicated in this paragraph and the town shall renew the franchise for said period of 30 months on the same or such other conditions as it elects. No sooner than 90 days prior to the end of the second renewal period or no later than 70 days before the and thereof, Cablevision may elect to renew the franchise for a third period of five years, and upon receiving notice of said election, the town may consent to renewal thereof for said term on the same or such conditions as the town prescribes. MR. DIEHL moved to set a Public Hearing on the Amendment to the kre Cablevision Franchise Renewal on December 29, 1978 at 4:40 P.M. Town Hall, Mill Street, Wappingers Falls, Dutchess County, New 011110 York, at which time all interested persons would be heard. Seconded by Mrs. Mills tj Motion Unanimously Carried A letter was received from the Planning Board recommending that their Board be designated as the administrator of S.E.Q.R.A. and a request to the Town Board to act on this recommendation. MR. JOHNSON moved to advise the Planning Board that in the Local Law on S.E.Q.R.A., they are designated as the agent for administer- ing this Law. Seconded by Mr. Jensen Motion Unanimously Carried MR. JOHNSON moved to set a date of December 29, 1978, at 5:00 P.M. Town Hall, Mill Street, Wappingers Falls, New York for the Year End Meeting. Seconded by Mrs. Reilly Motion Unanimously Carried MRS. MILLS moved to set the date of January 5, 1979 at 5:00 P.M. Town Hall, Mill Street, Wappingers Falls, New York for the Reorganiza- tional Meeting . Seconded by Mr. Diehl Motion Unanimously Carried A letter was received from Mr. Robert Jonigan, Robinson Lane, with complaints of the Recreation area and the problems he was having. He asked that the Town install a fence to separate his back yard from the area to help eleviate the problems he was having with cars going through and children running through for balls. He had complained by telephone several times before and the Recreation Commission could see no basis for his complaints after inspection of the site. Mr. Diehl had also visited the property and felt that cars could not be going through his yard, it was unrealistic. MR. DIEHL moved that the letter be received and placed on file and that if the Recreation Commission feels it necessary in the future, they would handle the problem. - Seconded by Mr. Jensen Motion Unanimously Carried At the last meeting a request was received from Mr. J. C. Lawrence Trojan Homes Subdivision, Widmer Road to hook into the Oakwood Sewer District. The Board asked for clarification of the area, as it appeared he was in the Wildwood Sewer District, not Oakwood. A second letter was received amending his request to receive per- mission to hook into Wildwood Sewer, not Oakwood. The request was to hook at least one lot into the sewer. MR. JENSEN moved to refer this request to the Dutchess County Department of Health and to the Engineer to the Town for their recommendation. Seconded by Mr. Johnson Motion Unanimously Carried A report was received from Mr. Lapar on the Status of Central Wappinger Water Improvement Wells and Well Site at the Hilltop Area. Mr. Diehl dikedrthat this report be received and placed on file and that the Water and Sewer Committee communicate with Mr. Lapar on his recommendations and decisions on future work on the wells. A letter was received from Jerard Hankin, Attorney on the installa- tion of water meters in the Primrose Subdivision located off Myers Corners Road. They must be installed before a certificate of occupancy is issued; however Lot No. 11 had a problem when a blow-out occurred in part of the water meter and Mr. Hankin felt the procedure was improper. He was representing A.Y. Homes Inc. the developer, and stated that if his client was sued for damages the Town of Wappinger would be named for third party action. 1 Mr. Diehl recommended that this be discussed by the Water and Sewer Committee with Mr. Lapar for action at a future meeting, and a copy to be sent to the Attorney since litigation is mentioned. A letter was received from Frank Newman stating that he was resign- ing from the Wappinger Conservation Advisory Council. MR. JENSEN moved to accept the resignation with regret and send Mr. Newman a letter of thanks for his service to the Town. Seconded by Mr. Johnson Motion Unanimously Carried The fo11c ing resolutionwasoffered .by MR. JOHNSON who moved its adoption: RESOLVED, that Dennis Bryers be and he is hereby appointed to fill the vacancy on the Conservation Advisory Council of the Town of Wappinger which has occurred by reason of the resignation of Frank Newman, and it is further RESOLVED, that the said Dennis Bryers is hereby appointed to the said Conservation Advisory Council for a term which shall expire on the 1st day of July 1979. Seconded by Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays A letter was received from Mr. Hawksley, Chairman of the Conservation Advisory Council stating that legislation provides for an additional two members to be appointed between.the ages of 16 and 21. He recommended that the Board appoint two stents and if they concurred with this recommendation, he would forward a list of candidates he felt would be qualified. Mr. Jensen did not concur with this recommendation at this time; he felt the students should attend some of the Conservation meetings first which would help them in their interest of the environment. He had read minutes of the meetings of the Council and felt they 160 were not very well attended --more interest was needed. They could consider these appointments at some future time. MR. JOHNSON moved to receive this letter and place it on file. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from Mr. Hawksley stating five concerns he had in regard to the Waldbaum Shopping Center Site Plans. 89a A copy of this letter had been sent to the Planning Board and Mr. Diehl felt that it actually concerned that Board, since it involved site plans. MR. DIEHL moved to receive the letter and place it on file. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Diehl explained to the Board that this past year Castle Point - recreation site had been used for Spring and Fall Clean-up, however there was a question whether or not we could use it next year and the recommendation from the Attorney was to communicate with the authorities at Castle Point to clarify the situation: We could use the refuse to fill in low areas and he needed direction to contact the proper authorities at Castle Point with the assistance of the Attorney. MR. JENSEN moved to refer this matter to the Attorney to contact the proper authorities at Castle Point to notify them of our intended use of the site to see if there are objections also communications should be sent from Congressman Fish's office on this matter. Seconded by Mr. Johnson Motion Unanimously Carried Under Committee Reports, Mr. Jensen reported on a Tri -Municipal Meeting ---The EPA had previously asked for an amendment to the original Environmental Impact Study; they are now asking for an amendment to the amendment which will result in additional monies to be added to the project. These are all added delays and more details and it is difficult now to predict the time it will take. The project is needed and the funds are there and if they do -not continue with its progress all existing sewer plants would have to be upgraded to a much higher level, the costs would soar and might possibly have to be paid on an individual basis. Mrs. Mills, Health and Safety Committee complained about the shoulders on county roads in this Town. She spoke to Commissioner Spratt from the Dutchess County Deparement of Public Works and he informed her there was no money now in the budget to oil and chip 899 these shoulders, but the intent was there for next spring for all shoulders on all county roads. MRS. MILLS moved that a letter be directed to Mr. Spratt requesting that the Town of Wappinger be one of the first towns to have the shoulders of county roads completed with a coating of oil and chip; we are the 'second largest town in the county and quite a bit of tax money comes from this town, with a copy of this letter to the Town of Wappinger County Legislators. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Johnson, on the Ordinance Committee, felt they were just about ready to work on the zoning ordinance. He would be contacting Mr. Dave Portman who they consulted with on the previous ordinance to assist them in compiling an acceptable zoning ordinance to present to the Board and the residents of the town. He asked Mr. Lapar if he had a report on the Water Guard System at the Rockingham Plant. Mr. Lapar had spoken to Bob Brusie who informed him that the telephone company did not have the lines up yet, he could not get a specific date on when the lines would be in, but he would report back on this when he received the information. Under Unfinished Business a request from Mx. Charles Bannett for a temporary certificate of occupancy for one dwelling on Robinson Lane, Mr. Diehl reported he had had several communications from Town officials involved. The latest memo dated December 8, 1978 was from Mr. Horton who stated that he would consider issuing a temporary driveway approval subject to blacktopping of the driveway when weather permits for this single dwelling on Robinson Lane, at such tim0 time as Mr. Bannett presents an "as-biult" plot plan. Mr. Ruit, Building Inspector, did not have all approvals in from the Highway Superintendent and previously could not issue a C.O.; it would be up to the Town Board to approve a temporary one. Now, if Mr. Horton was ready to approve, the decision would be up to Mr. Ruit. MR. DIEHL moved to send all pertinent information to Mr. Ruit for him to make the final decision for a Certificate of Occupancy for the single dwelling owned by Mr. Bannett on Robinson Lane (Lot #1). 900 Seconded by Mr. Johnson Motion Unanimously Carried At a previous meeting Sheraton Enterprises had made application to have property rezoned to permit development of a racket ball facility. A letter was received from the Attorney informing the Board that at the present time, the existing zoning does not permit that use because recreational uses are not expressly pro- vided. He advised the Board that consideration could be given to establish a new zone for recreational uses which would have the general classification of recreational use. An amendment could be made to the present zoning to include recreation use as a permitted use or to permit recreation use subject to special con- ditions such as size of land. MR. JENSEN moved to direct the Attorney to prepare an Ordinance for Recreational Zoning on or before the next meeting. Seconded by Mrs. Reilly Motion Unanimously Carried A report was received from Mr. Lapar regarding replacement of a pump in the home of Dr. Boris on Michael Drive, who had previously requested the Town to bear this expense. At a previous meeting it was determined that the Town policy was that the Town would make a one time expenditure toward the purchase of a house pump and then it would be the responsibility of the individual house owner. Mr. Jensen felt the policy was clearly stated. MR. JENSEN moved to receive the report and place it on file. Seconded by Mr. Johnson Motion Unanimously Carried A response was received from Mr. Spratt, Commissioner of Dutchess County Department of Public Works regarding questions brought up by the Angel Brook Civic Association on the All Angels Hill Road realignment. Mrs. Snowden had sent a copy of this letter to Mr. Dennis Truett President of the Angel Brook Civic Association. MR. JOHNSON moved to receive the letter and place it on file. Seconded by Mr. Diehl Motion Unanimously Carried 901 A letter was received from Mr. Adams enclosing copy of a letter from Mr. Philip Verveer, Chief, Cable Television Bureau to the Honorable Hamilton Fish, Jr. in regard to questions that had been brought up on special televisionprogramming which could be reduced in favor of educational programs. One sentence stated "the cable operator is required to provide a full channel for educational access only if demand exists for its full time use, otherwise, p/ it may be included with other access uses on one "composite" channel". Mr. Jensen explained the letter other programs were being deleted or "bumped", which was not necessary, the company was not required to provide channels for every request -,they receive for edueational programs. MR.JENEEN moved to send copy of the letter to Mr. Erichsen, General Manager of U.S. Cablevision, receive the letter and place it on file. SeCONded by Mr. Diehl V Motion Unanimously Carried Mr. Jensen asked Mr. Horton about the No Parking Signs that they had previously requested the Highway Superintendent to install at the Bell Site on Old Hopewell Road. There were cars parked all over the area because of the restaurant located there and Mr. Jensen said he would like this matter taken care of as soon as possible. He wondered why there was such a delay; there have been many complaints to him on this matter. Another item he wished to bring to Mr. Horton's attention was the matter of No Dumping signs on Ketchamtown Road. He had asked Mr. Horton's secretary about this matter and was told many signs were put there but were torn down. At that time Mr. Jensen asked the Secretary to the Highway Superintendent for a record of the signs installed and torn down and as of this date he has received no reply. He requested that this record be sent to him as soon as it was compiled. On New Business, Mrs. Mills asked that an exhaust fan be installed above the front door of the Town Hall to eliminate the smoke; the room at this point was foggy and thick, she could hardly breathe. She would like a figure on this, nothing elaborate, just something to do the job. The air condition was of no help, they needed some- thing efficient. This was referred to the House Committee. Mr. Incoronato, being recognized by the Chair asked about the matter of the Fleetwood Fence encroachment. Mr. Diehl informed him there has been no decision by the Board. The Board had inspected this and it appears that he is about 2 or 3 feet on Town property and if we make him move this to his own property, he could move it to the site of the ball field which would still be his property, not recreation's or sewer property. It would be a disadvantage for the area children if we insist that it be moved. This is the reason the Board has taken no action. Mrs. Reilly asked Mr. Incoronato if the children in the area use the field to play ball. Mr. Incoronato replied that before the enclosure was put up for the vehicles, the ball field was used. She felt they were not taking advantage of the so called recreation area. MR. DIEHL moved to adjourn the meeting, seconded by Mrs. Mills and unanimously carried. The meeting adjourned at 9:45 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 12/11/78