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1978-08-14 RGMJ• AGENDA TOWN BOARD TOWN OF WAPPINGER AUGUST 14, 1978 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. REPORTS OF OFFICERS: Town Justices 4. RESOLUTIONS Local Law - Fleetwood Water Local Law - Fleetwood Sewer L. Diehl - Contribution to Dutchess Disposition of Old All Angels ill Rd. (CR 94) M. Ryan - Authorize refund for R. Taylor, Plaza Hook-up Permit Transfer for Secretarial Services - Bd. of Assessment Introduction of Local Law amending LL -8-'77 - Defective Highway Notice Introduction of Local Law Refund partial payment of Cablevision Franchise Increase in rate for Meter a. b. c. d. e. f. g. h. i. j. k. reading (M. petrus) Bldg. & Zoning Receiver of Taxes Co. Economic Committee Rd., Sewer Review amending Wetlands Protection Law taxes to Martini 1. Vacancies on Recreation Commission 5. PETITIONS & COMMUNICATIONS a. Report frau Dutchess Co. Dept. of Planning re: Mozayeny re- zoning Petition b. F. Buyakowski re: request accdptance of Sachson Place as Town Rd. and release of Bond c. G. Kreisberg re: 3rd Water Tap on Myers Corners Rd. for Primrose Hill Subdiv. d. Thos. McNulty, 52 Reggie Drive, re: Open Storm Drain e. Jacqueline O'Malley re: enforcement of Plowing Reggie Dr. & Dara Lane by Shelter -Mid Hudson this winter f. James Butler request to become Tenant to Watch Hill Water Dist. w/ recommendation from R. Lapar. James Herring, Herring Sanitation re: Bid for Oakwood S.P. Joel Hannig re: Royal Estates - issuance of Biding Permits i. Mr. & Mrs. Edward Romanski re: obtaining Bldg. Permit (Primrose Hill Subd.) j. Edward Carbonaro re: Naro Subd. Deeding of Recreation Area k. Letter from Planning Bd. re: Speedlimit on Spook Hill Rd. 1. Mr. Sal Sheredof to present petition for speed limit on Losee Rd. m. Memo from M. Ryan re: publishing list of residents incurring overdue 0 & M bills n. Requests from Town Planning Bd. & Zng. Bd. for members to attend Planning Federation Convention - Oct. 15th thru Oct. 17th. Mrs. Mills also requests permission to attend. o. R. E. Lapar Reports: 1. Inspection of Nenni & Vignor Properties 2. Electrical service to main pumping facility of CWW Camo Pollution Control re: Rockingham Water Supply Facility g. h. P• 6. CO`MITTEE REPORTS L. Diehl re: Traffic light at All Angels Hill Rd. and Old Hopewell Rd. intersection 7. UNFINISHED BUSINESS a. Report from Attorney re: reimbursement from Wilson for breakage at Patel residence b. R. E. Lapar re: Fleetwood Manor Fence encroachment AGENDA Aug. 14, 1978 Con't 7 c. Dennis Truett re: Release d. Central Hudson report on possible Street Lighting for Serenity Mission Subdivision 8. NEW BUSINESS 9. ADJOURNMENT 804 The Regular meeting of the Town Board of the Town of Wappinger was held on August 14, 1978 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:02 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Leif Jensen, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine H. Snowden, Town Clerk Others Present: William Horton,Highway Superintendent Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town Reports for the month of July were received from The Town Justices, Building Inspector & Zoning Administrator and Receiver of Taxes for June & July. MR. JENSEN moved to accept & place on file reports for the month of July from the Town Justices, Building Inspector and Zoning Adminis- trator & Receiver of Taxes for June & July. Seconded by Mrs. Reilly. Motion Unanimously Carried MR.DIEHL moved the name of George Leibermann to work under the Highway Superintendent at the rate of laborera pay, $3.96 per hour, on a part-time basis with the condition that the Town would proms vide no other benefits to him. Seconded by Mr. Jensen. Motion Unanimously Carried A Public Hearing having been held by the Town Board on two proposed Local Laws Establishing Rates for the Fleetwood Water District & the Fleetwood Sewer District on August 31, 1978, the matter was now placed before them for their consideration. MR. JENSEN moved that since at the Public Hearings held that night, the public did not like the new structure of the rates, using a fixed rate for the Sewer & a minimum rate for the Water, he recommended no action should be taken tonight. He further recommended a new set of rates should be established based on usage by gallons, both in Sewer & Water and a new Public Hearing be set. Seconded by Mr. Johnson. Motion Unanimously Carried 40 5 Mr. Diehl had written to the Board regarding a Dutchess County Economic Committee appointed by the Duthcess County Legislature formed for the purpose of bringing acceptable business enterprises into Dutchess County including the Town of Wappinger. He wished the Board to donate a sum of money to assist this committee in this effort. The county had funded this committee primarily, with the understanding that the municipalities would contribute. MR. DIEHL moved that the Town of Wappinger contribute $250.00 to the Dutchess County Economic Committee to assist them in their efforts to bring business enterprise into the Town_& establish a publicity fund to be used for the purpose of promoting the Town of Wappinger either solely or primarily to the economic or in- dustrial promotion of the Town. Seconded by Mr. Johnson. Motion Unanimously Carried A letter was received from Mr. Peter Anagnos, Director of Engineer- ing in the Dutchess County Dept. of Public Works, regarding the disposition of Old All Angels Hill Road. The County had straightened out a curve in the road and they wished to turn over the old section to the Town. Mr. Diehl said there were problems arising from this intent of the County and the Engineer & Highway Superintendent recommended that they give this matter further consideration, look_ for other answers and a better use of the land. MR. JOHNSON moved to table this matter for additional information. Seconded by Mrs. Reilly. Motion Unanimously Carried A memo was received from Mr. Ryan requesting authorization from the Board for a refund to Mr. Robert Taylor, 6 Plaza Road, who had applied & paid for a Sewer Permit in the amount of $25.00 issued June 21,1978. He had written to Mr. Ryan informing him he dirt not wish to hook up to the sewer at this time. MR. JOHNSON moved to atthorize the Comptroller to refund the $25.00 to Mr. Robert Taylor that was paid to the town for the sewer hook-up. Seconded by Mrs. Mills. Motion Unanimously Carried 806 A request was received from Mr. Logan, Assessor, to transfer $2,500.00 from Contingency to A1355.45 to pay for secretarial help for the Board of Assessment Review. He further requested that each member of the Board of Review be paid at least $500.00 since they had worked on the Board at least eight days this year, compared with three days in the past. MR. JENSEN moved that the money for the secretarial help for the Board of Assessment Review be transferred from Contingency to A1355.45 and further that the Board of Assessment Review receive the amount of money that they have received in previous years. Seconded by Mrs. Reilly. Motion Unanimously Carried Mr. Ryan submitted a request for transfers as follows: From A/C# & Name A1990.4 Contingency A1990.4 Contingency B1990.4 Contingency B1990.4 Contingency CF3120.1 Vandalism -Patrol CF1990.4 Contingency Thank you. Amount 1,219.00 50. 00 1,032.00 40.00 Salaries 606.35 426.00 * To pay auto insurance for same TO: A/C# & Name A1910.4 Unallocated Insurance A6510.4 Veterans Services B1910.4 Unallocated Insurance B7550.4 Celebrations CF3120.4 V.P.Contratual,. CF1910,4 Insurance * s/Matthew W. Ryan Comptroller new patrol car. MR. JOHNSON moved that the Conptroller be authorized above stated transfers as Seconded by Mr. Jensen. requested by him. to make the Motion Unanimously Carried The following Local Law was introduced by Councilman JOHNSON: LOCAL LAW NO. 4 of 1978 A LOCAL LAW OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY NEW YORK, TO AMEND LOCAL LAW NO. 8 1977 PROVIDING FOR WRITTEN NOTICE OF DEFECTIVE CONDITIONS OF HIGHWAYS AND SIDEWALKS. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Local Law no. 8 of 1977, a local law providing for written notice of defective snow and/or ice conditions of highways and sidewalks, is amended by adding thereto a new section, Section 2-a as follows: SECTION 2-a The notice required by this section shall be in writing, and shall state with particularity the nature of the defect and the location of the defect. The location of the defect shall be described by street, and if street numbers exist, the street number of the nearest 8O residence or building to said defect, and if no street numbers exist, by reference to the name of the nearest owner of real property. If the name of the property owner is unknown, the defect shall be iden- tified as the location by stating the distance and direction of the defect from the nearest intersecting road. Descriptions by refer- ence to the•name of the road only will not be acceptable notice of the location of a defect. Said notice shall also contain the name of the person giving the defect together with the address and telephone number where the person giving the notice can be reached during the day. Section 2 This local law shall take effect immediately upon its passage by the Town Board and upon it filing with the Secretary of State. Seconded by Mrs. Reilly. Motion Unanimously Carried The following resolution was introduced by Councilman JOHNSON who moved its adoption: WHEREAS, there has been duly presented & introduced at a meeting of this Town Board on the 14th day of August 1978 a proposed Local Law entitled "A Local Law to Amend Local Law ##8 of 1977 Providing for Written Notice of Defective Conditions of Highways & Sidewalks and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law on the 31st day of August, 1978 at 7:00 P.M. on such day at Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notiee ❑fsuch hearing shall be given by the Town Clerk of the Town of Wappinger, by due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town. Seconded by Mrs. Mills. Motion Unanimously Carried 808 The following Local Law was introduced by Councilman JENSEN who moved its adoption: A LOCAL LAW AMENDING LOCAL LAW NO. 1 of 1976 IMPLEMENTING THE FRESH WATER WETLANDS PROTECTION LAW BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: Section 1. Section 6, paragraph 1 of Local Law No. 1 of 1976 is amended by deleting the word "six" from paragraph 1 and substitu- ting in place thereof the word "twelve" and upon said substitution, paragraph71--ofoSection 6::shall be as follows: 1. Any person proposing to conduct or cause to be conducted a regulated activity requiring a permit under this law upon any fresh water wetland of twelve acres or more in area, or adjacent area, shall file an application for a permit with the Town Clerk. The Clerk shall immediately forward such application to the agency. Section 2. This local law shall take effect immediately upon adoption, publication and filing with the Secretary of State. The following resolution was introduced by Councilman JENSEN who moved it adoption: WHEREAS, there has been duly presented & introduced at a meeting of the Town Board on the 14th day of August 1978 a proposed Local Law entitled "A Local Law Amending Local Law No.1 of 1976 Im- plementing the Fresh Water Wetlands Protection Law" and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law on the 31st day of August, 1978, at 7:15 P.M. on such day at Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town. Seconded by Mr. Johnson. Motion Unanimously Carried The following resolution was introduced by Councilman JOHNSON who moved its adoption: WHEREAS, Daniel J. Donovan, O.Thomas Martini and Mary Sheppard donated two tracts of land to the Town of Wappinger, and WHEREAS, said parcels of land had taxes which were paid in full for the tax years during which the donation was made, and WHEREAS, the donors should be refunded the amount of real property taxes paid in advance. 809 NOW, THEREFORE, BE IT RESOLVED that the Supervisor and Comptroller are authorized to pay to Daniel J. Donovan, O. Thomas Martini and Mary Sheppard, the sum of $1,613.56 in full payment of the taxes paid by them in advance. Seconded by Mrs. Reilly. Motion Unanimously Carried In the matter of the Cablevision Franchise, the Board was not ready to act on this tonight. An addendum to the Franchise had been pre- pared and Mr. Adams was still working on this with the cable com- pany. Additional information was needed. MR. JENSEN moved to table the matter of the Cablevision Franchise until the next regular meeting. Seconded by Mr. Johnson. Motion Unanimously Carried A letter was received from Michael Petrus, Meter REader fot the Town requesting an increase in his rate of pay per meter reading. He was presently receiving $.50 per meter, but since he was placed on the Town payroll and taxes were being withheld he felt an addi- tional $.10 per meter reading would help recoup this loss. MR. JENSEN moved that this request be denied subject to review at the Budget hearings. Seconded by Mrs. Mills. Motion Unanimously Carried A letter was received from Mr. Maurer, Chairman of the Recreation Commission recommending that Thomas R. Barber and Frank Presti be appointed as members of the Recreation Commission. The following resolution was offered by Councilman JENSEN who moved its adoption: RESOLVED, that Thomas Barber be and he is hereby appointed to fill the vacancy on the Recreation Commission of the Town of Wappinger which has occurred by reason of the expiration of the term of George Schlathaus, and it is further appointed RESOLVED, that the said Thomas Barber is hereby/to the said Town Recreation Commission for a term which shall expire on the 1st day of May, 1983. Seconded by Mrs. Reilly. Motion Unanimously Carried 1 810 The following resolution was offered by Councilman JENSEN who moved its adoption: RESOLVED, that Frank Presti be and he is hereby appointed to fill the vacancy on the Recreation Commission of the Town of Wappinger which has occurred by reason of the expiration of the term of Theresa Arkell, and it is further RESOLVED, that the said Frank Presti is hereby appointed to the said Town Recreation Commission for a term which shall expire on the 1st day of May, 1983. Seconded by Mrs. Reilly. Motion Unanimously Carried Oibe A recommendation had been received from the Dutchess County Dept. of Planning on the Mozayeny Rezoning Application. Further in- formation was needed from the Planning Board. MR. JOHNSON moved that the Dutchess County Dept. of Planning recommendation be received & placed on file and request the Town Clerk to inform the Planning Board that the Town Board is waiting for their recommendation on this rezoning. Seconded by Mrs. Mills. Motion Unanimously Carried Mr. Diehl interrupted the Agenda at this time to report that he had been in contact with Dutchess County Dept. of Health concerning a clean-up project for the Town. He was informed that we must have an engineering study on a landfill site. MR. DIEHL moved to direct the Engineer to contact the Dutchess County Health Department for clarification of the study they required. Seconded by Mr. Johnson. Motion Unanimously Carried A letter was received from Frank Buyakowski, President of S.B.S. Equities, Inc. requesting the Board to accept Sachson Place in 01110 the Kent Ridge Subdivision as a Town road and release the company from the construction bond. Mr. Adams advised the Board he was not satisfied with the descrip- tion of the deed. MR. DIEHL moved that this matter be referred to the Attorney to the Town for clarification and a report for next months' meeting. Seconded by Mr. Jensen. Motion Unanimously Carried The next item was a letter from Mr. Gerald Kreisberg requesting a third tap in the Primrose Hill Subdivision. The County was insisting on a boring as opposed to an open cut & he was having problems getting a 811 boring contractor. His request was that he be allowed to run the main to the corner of Myers Corners Road and Blackthorn Loop and dead end it with a fire hydrant. MR. JENSEN moved to contact Dutchess County Department of Public Works Commissioner, Mr. James Spratt to pursue the request of an open cut across Myers Corners Road to expedite this work and place this matter on next months agenda. Seconded by Mrs. Reilly. Motion Unanimously Carried A letter was received from Mr. Thomas McNulty, 52 Reggie Drive, re- garding an open storm drain on his property. Mrs. MILLS moved to refer this to the Attorney for clarification. Seconded by Mr. Diehl. Motion Unanimously Carried Mrs. O'Malley, Dara Lane, wrote to the Board regarding the maintenance of their roads this winter. These roads have not been accepted by the Town and therefore, the developer is responsible for maintaining them, namely Shelter -Mid Hudson Properties. Last winter, this obligation was not fulfilled by the developer and the residents were requesting action from the Town. Mr. Diehl questioned if it were legal for the Town Highway DEpt. or the Supervisor to hire an independent contractor to do the plowing this winter if an emergency arose, and then charge it back to the developer. Mr. Adams felt if an emergency existed, the residents could do this themselves. Mr. Carl Mucci, 5 Dara Lane told the Board the developer could not be reached at that time of year. Mr. Diehl knew this, he went through it last year and spent quite a bit of money on phone calls to Florida trying to locate the developer. Mr. Ed Armando, 8 Dara Lane asked why can't you withhold Building Permits until you get a signed agreement from the developer that he will plow & maintain the roads. Mr. DIEHL directed the Attorney to research this matter; prepare a local law that would mandate the developer to maintain the roads that would cover all developments & also, what emergency powers can be used if we do not have a law in force when the emergency occurs. Mr. James E. Butler, Jr., 124 Pye Lane wrote the Board requesting that he be given permission to become a tenant in the Watch Hill Water District. L 8.12 A letter was received from Mr. Lapar on this subject stating no ob- jection to approval of this request conditionalupon agreement of the tenant of all costs involved & approval of Dutchess County Department of Health. MRS. REILLY moved to grant the request of Mr. Butler to become a tenant to the Watch Hills Water District conditional upon Mr. Butler signing the agreement with the Town to pay costs involved. Seconded by Mrs. Mills. Motion Unanimously Carried A letter was received from Mr. James Herring, President of Herring Sanitation requesting that the Town rebid sludge removal from the Oakwood Sewer Plant for the remainder of 1978. MR. DIEHL moved to accept Mr. Herring's resignation and award the bid for sludge removal from the Oakwood Sewer Plant to the next lowest bidder. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Joel Hanig, Attorney from the office of Ritter & Hankin, wrote to Mr. Diehl requesting the Town Board to authorize the Building In- spector to issue Building Permits to Fairview Enterprises for Royal Estates Subdivision prior to the installation of the road. The buildershave contracts with families of school age children & they desired to start them in the school system at the beginning of the semester. MR. JENSEN moved that this request be denied. Seconded by Mrs. Reilly. Motion Unanimously Carried Another request in the same category was received from Mr. & Mrs. Edward Romanski who had purchased a lot in Primrose Hill Subdivision. The builder could not obtain a Building Permit due to the fact that the road was not completed. MR. JENSEN moved that the request be denied. Seconded by Mrs. Reilly. Motion Unanimously Carried Before the vote was taken, Mrs. Romanski asked to speak to the Board. The chair recognized her and she pleaded her case with them,.however, the Board was very firm on this and proceeded to vote on the motion on the floor. 813 A letter was received from Mr. Edward Car1mnaro, Paulette Lane, in the Naro Subdivision in the Town, questioning a clause in their deed stating that he owned 1/45 of a recreation area lake located in this subdivision. Other owners did not have this clause in their deeds and he was concerned about the legality and where the responsibility lies. MR. JENSEN moved to refer this to the Assessor for review of the deeds in this subdivision and further that the Assessor forward this information to the attorney for his opinion in this matter. Seconded by Mr. Johnson. Motion Unanimously Carried A letter was received from the Planning Board asking the Town Board to again petition the New York State Department of Transportation to lower the speed limit onSpook Hill Road. On the same subject Mr. Jensen said they had requests from Beech- wood Circle, Brookhollow Court & Old Hopewell Road. Mr. Saleem Sheredos presented a petition from residents of Losee Road re- questing a reduction in the speed limit. MR. JENSEN moved to request speed limit reductions from New York State Department of Transportation on Beechwood Circle, Brookhollow Court, Old Hopewell Road and Losee Road. Seconded by Mr. Diehl. Motion Unanimously Carried Mr. Diehl requested the Town Clerk to contact the Dutchess County Sheriff Dept. and ask them to conduct radar tests on Losee Road at irregular times. A memo was received from Mr. Ryan regarding publication of names of water and sewer customers who have delingquent 0 & M bills. MR. JOHNSON moved that this communication be received and placed on file. Seconded by Mrs. Reilly. Motion Unanimously Carried A request was received from the Planning Board and the Zoning Board of Appeals to attend the Planning Federation Convention at Monticello, N. Y. on October 15, 1978 thru October 17th, 1978. 1 814 MR. JENSEN moved that permission be granted to the Planning Board and Zoning Board of Appeals to attend the Planning Federation Con- vention at Monticello, N.Y. on October 15 thru October 17, 1978, as long as they heave not attended any other conference this year & also any Town Board member shall be granted permission to attend this conference and all legitmate expenses would be a Town charge. Seconded by Mr. Johnson. Motion Unanimously Carried Mr. Hawksley wished to attend the New York State Association of Conservation Commissions Conference. MR. JENSEN moved that Mr. Hawksley & members of Wappinger Conservation Council be granted permission to attend the New York State Assecia- tion•cf Conservation Commission Conference and this expense should be charged to their budget. Seconded by Mr. Johnson. Motion Unanimously Carried Mr.Logan requested permission to attend the New York State Assessors Conference which is mandated by the State Board_.,. of Equalization. It was to be held in Monticello, N.Y. from September 26 thru September 29, 1978. MR. DIEHL moved that if Mr. Logan had attended a previous conference this year, he may not attend this conference. Seconded by Mrs. Mills. Motion Unanimously Carried Repprts were received from Mr. Lapar, the first one, inspection of lot next to Ms.Nenni, 4 Aladdin Court and inspection of construction next to Vigna property on Russett Lane. MR. JENSEN moved that this report be received and placed on file. Seconded by Mrs. Reilly. Motion Unanimously Carried The second report from Mr.Lapar was on electrical service to the main pumping facility of the Central Wappinger Water Improvement. MR. JENSEN moved that this report be received and placed on file. Seconded by Mr. Johnson. Motion Unanimously Carried r 815 A late report was received on the Oakwood Sewer Treatment Plant, lowering of control weirs with a proposal from Camo Pollution Control to perform this work. MR. DIEHL moved that authorization be given to Camo Pollution Control, Inc. todo the following: lower the weirs in the final clarifiers, chlorine contact and post aeration tank at a cost of $400.00; extending the skimmer in the #1 primary at a cost of $120.00 and lowering the baffles in the final clarifiers at a cost of 100.00 dollars. Seconded by Mr. Johnson. Motion Unanimously Carried A letter was received from Camo Pollution Control, Inc. on the Rockingham Water Supply Facility. MR. Johnson explained this referred to a problem with stray voltage floating on the telephone lines and interfering with the proper operation of the control circuit on the well pumps. He met with the Engineer, the operators & the New York Telephone Co., Central Hudson and the agents of Water Guard, the company who built the control. The solution they arrived at would be $100.00 installation cost; a bid was received from the water company with two alternates, one, without a guarantee was $60.00, the other he was checking out was in excess of $1,200.00. Mr. Johnson would further research on this matter. Under Committee reports, Mr. Diehl wrote a memo on the traffic Light at All Angels Hill Road and Old Hopewell Road. The Board considered removing this traffic light and giving the responsibility back to the County, since this was an intersection of two County roads. The County had previously refused to operate and maintain this light and it was presenting many problems to the Town, among them a fatality and a consequent lawsuit which added to the insurance premium. The Attorney had quoted Section 1660 of the Vehicle and Traffic Law which stated that the Town is authorized to place traffic signals or signs at intersections within the Town and maintain them. Mr. Jensen felt that through our Dutchess County Legislators, we should pursue a revision in that Section which would state that traffic lights as such intersections should be maintained by the County. MR. JENSEN moved that the Attorney research sections of Town Law and again request the County to maintain and be responsible for Traffic lights and signals on Town roads intersections with County roads. k.0 ta. Seconded by Mrs. Reilly. Motion Unanimously Carried MR. JOHNSON moved that we request Our Dutchess County Legislators to place this matter on the Agenda of the Dutchess County Legis- lature for action by them to include all Town intersections of County roads. Seconded by Mrs. Mills, traffic lights at Motion Unanimously Carried Mrs. Snowden reported that she had had a callfrom James Wappinger County Legislator informing her that the Bike Resolution of the Town of Wappinger had been Legislature at today's meeting. MR. JENSEN moved that the Attovney prepare a Pagones, Path adoptedvby. the County resolution on Solid Waste stating that the Town would object to any resolution adopted by Dutchess County Legislature that would not support solution to our solid waste problem. Seconded by Mrs. Reilly. a County wide Motion Unanimously Carried Mr. Johnson reported that the Water & Sewer Committee met with the Operators of the Plants. They are preparing a list of items that were deteriorating in the Water & Sewer Plants. The Board should consider replacing these items & the list will be available within a week or two. The Operators would like to meet with the Board on a regular basis to discuss various problems that arise. Mr. Jensen reported that the Tri -Municipal Commission met last Wed- nesday with the Department of Audit & Control to discuss the pro- posal received from the E.P.A. to build a marginal treatment plant while waiting for the Environmental Impact Study to be completed. The study would take anywhere from twelve to eighteen months & it was started several months ago, so it will still be a year or more before it is completed. Mr. Caspi of the E.P.A., wrote to the Commission indicating if funding was available, whichever vehicle was used, he _ felt the marginal treatment plant would be started around Sept. of 1979. Mr. Jensen did not share this optimi8tic-ettitdde. the purpose of the meeting on Wednesday was to discuss the of the, Step Grants. Audit & Control would review all the Actually, "stepping" ramifications & advise them if the order signed by the Comptroller was valid or not by this "stepping". At such time the Town Board would then make 8.17 a decision. The Comptrollers order had stated that no construction work (Step 3 work) could be started unless we had a commitment from the Federal and State government. Mr. Diehl had been informed that further E.D.A. funds were available under "Round 3". If these are approved, he would like to apply for funds to consider work on the water and sewer plants, particularly Fleetwood. MR. JOHNSON moved to direct the Engineer to draw up plans for Fleetwood Water District Plant renovation for submission to E.D.A. for federal funding of same, when these funds become available. Seconded by Mr. Jensen. Motion Unanimously Carried Under unfinished business, a letter was received from Mr. Adams, re:Patel residence. He asked consent of the Town Board to demand from Wilson Excavating Co. for reimbursement reimbursement/'of money paid by the Town for damage done by them. While excavating, a sewer lateralwas broken causing damage in Mr. Patel's home, who sought reimbursement from the Town. MR. JOHNSON moved to grant permission to Mr. Adams to contact Wilson Excavators demanding reimbursement for the sum paid by the Town to Mr. Patel for damage at his home, and if refused to initiate proper legal action. Seconded by Mrs. Mills. Motion Unanimously Carried The following letter was read; July 18, 1978 Allan E. Rappleyea, Esq. Corbally, Gartland & Rappleyea 25 Market Street Poughkeepsie, New York 12601 Re: Fleetwood Manor Fence Encroachment Dear Allan: As per your suggestion on July 18, 1978, I spoke with Mr. Ernst Martin, Sr., L.S. He informed me that he has advised his client to move the structure (fence enclosure) to the rear of his property west of the existing brook. He also suggested to his client that he obtain a Building Permit to put up what could easily be considered a structure. Very truly yours s/Rudolph E. Lapar,P.E. MR. DIEHL moved to instruct Mr. Ruit, Building Inspector & Zoning Administrator to follow through with the recommendations of Mr. Lapar 1 818 & take the appropriate action necessary with his department and further to seek advice and recommendation of the Attorney, if needed. Seconded by Mrs. Reilly. Motion Unanimously Carried A letter was received from Mr. Truett regarding the release form that was pending with the Town on his drainage problem. There was disagreement between the two attorneys on the proper language that was contained in the form. MR. JOHNSON moved that this matter be referred back to the attorney for clarification for the last time. Roll Call Vote: Councilman Jensen Nay Councilman Johnson Aye Councilwoman Mills Nay Councilwoman Reilly Aye Supervisor Diehl Aye Motion Carried A report was received from Central Hudson on the request from Serenity Mission for a street lighting district. The charges would run approximately $3.50 to $3.75 per $1000 of assessed valuation, about $25.00 to $30.00 per home year. MR. DIEHL moved that the Town Clerk notify the representative from Serenity Mission who presented the petition to the Board. Seconded by Mrs. Reilly Motion Unanimously Carried Before the vote was taken Mr. Hawksley, being recognized by the Chair, commented that Central Hudson should be jarred for infor- mation and perhaps. action on installation of high pressure sodium lamps which he was confident would be a savings in energy and also more economical. Mr. Russell Sutherland, 25 Alpert Drive, President of Angelbrook Association was still having a problem with consideration by the Cable Company for cable television. The Board had previously told him to contact Mr. Erichsen, General Manager of U.S.Cablevision requesting costs for the installation & monthly fee for cable T.V. in the Angelbrook development, which has underground facilities. He had no response to his communication; what would be his next step, he's getting nowhere with the company. MRS. MILLS moved that the Town Clerk be requested to contact Mr. Erichsen and ask him to please respond to Mr. Sutherland's letter 819 and supply him with the information he requested. Seconded by Mr. Johnson. Motion Unanimously Carried MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Reilly and unanimously carried. The meeting adjourned at 10:01 P.M. caitu_JA Elaine H. Snowden Regular Meeting 8/14/78 Town Clerk d