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1978-04-10 RGMAGENDA • TOWN BOARD TOWN OF WAPPINGER APRIL 10, 1978 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES ---Year End & Regular 12/29/77 Reorganizational Mtg. 1/2/78 4. REPORTS OF OFFICERS Bldg. & Zng. Rec. of Taxes Town Justices, Annual Report from Wm. Bulger, Annual Report Recreation Director Supervisor's Budgetary Review Report 5. RESOLUTIONS 1. Bids --Chemical Purchases 2. Bids --Sludge Removal'=s. 3. Bids--Water/Sewer Plant Operator 4. Water/Sewer Charges 5. Bid--Mid-Point Park 6. Oakwood Sewer Work 7. Rockingham Sewer Work 8. Wildwood Sewer Work 6. PETITIONS & COMMUNICATIONS a. Jon Adams re: Freedom of Information Law -Proposed Resolution. b. R. Lapar Reports 1. C.W.W. ;8, Release Final Payment 2. Cost Est. Belaire Lane Drainage 3. White Gates Meter Pit Contract Payment to 4. Truett Storm Drainage c. Peddlers Licenses (3) --Michael Ranco, Garry Maynard, Daniel Fallone d. Heaney --Request refend on Water Softener e. Truett --eroding wall �f. Village Crest Apts. re enforcerle�t of parking -fire lines and opinion of Wm. Bulger re same. g. Jon Adams re --Rousseau Lot -Lake Oniad & Letter from Catania re same h. Zoning Bd. re --Existing & proposed Zoning Ordinance i. NYS Dept. Transportation letter to Mrs. Carpenter re: Road Name Signs -Intersection Rt. 9 & Old Rt. 9 j. Recreation Commission re: permission to attend Convention Monticello, N.Y., NYS Society of Recr. & Parks April 16th to 19th, 1978. k. Planning Bd. re: permission for Solar Energy Bus Tour to New England, April 28th thru 30th 1. Lafko re: Flowmeters -Mid -Point m. Planning Board re: Cable TV -Underground Utilities n. E. Hawksley? --re: change in budget o. Robt. Chiarenzelli re: drainage problem, Fox Hill Rd. p. James Lyons re: Estate of George Schlathaus q. Ralph Holt re: Window Cleaning Bid RECESS 7. REPORTS OF COMMITTEES a. E. Hawksley report --Geology and Water Resources of Town of Wappinger Page 2 Agenda, April 10, 1978 8. UNFINISHED BUSINESS a. Frances Pierson --Beechwood Circle --Drainage 9. NEW BUSINESS 10. ADJOURNMENT 671,} The Regular Meeting of the Town Board of The Town of Wappinger was held on April 10, 1978 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:10 P. M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Gladys Ruit, Deputy Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town William Horton, Highway Superintendent The Minutes of the Year End and Regular Meeting of December 29, 1977 and the Reorganizational Meeting of January 2, 1978, having been previously sent to the Town Board members were now placed before them for their approval. MR.JOHNSON moved the Minutes of the Year End and Regular Meeting of December 29, 1977, and the Reorganization Meeting of January 2, 1978 as submitted by the Town Clerk be and they are hereby approved. Seconded by Mrs.Mills. Motion Unanimously Carried The reports for the month of March were received from the Building Inspector and Zoning Administrator, Receiver of Taxes, Town Justices, Budgetary Review Report, Annual Report from Town Justice William Bulger and Annual Report from the Recreation Director. MR. JENSNN moved to accept the reports from the Building Inspector and Zoning Administrator, Receiver of Taxes, Town Justices, the Budgetary Review Report, Annual Report from William Bulger, Town Justice and the Annual Report from the Recreation Director. Seconded by Mrs.Reilly. Motion Unanimously Carried MEMO TO: Town boarc PIE24WCiS FROM: Matthew W. Ryan, Comptroller DATE: March 22, 19/8 SUBJECT: Chemical Bids Due to the fact that various manufacturers package their chemcials in different size containers, I have reduced each bid to a unit price so that we can more easily identify the winning bidder. 13 gal/Containers of Sodium Hyprochlorite 52 gal/Containers of Sodium Hyprochlorite 100 lb/containers of Soda Ash 125 lb/Containers of Muriatic Acid 50 lb/Containers of Hydrated Line 140 lb/Containers of Hydo. Peroxide = LOW UNIT PRICE BID Therefore, 390 gal/ Sod. Hypro. 10,400 gal/ Sod. Hypro. 12,500 lb Soda Ash 125 lb Muriatic Acid 700 lb Hydrated Line 28,000 lb Hydro. Peroxide Totals **-'LOWEST QUALIFIED BIDDER JONES CHEMICALS $ 8.55 - $27.04 - $ 9.25 - $ 7.69 - $ 2.05 - $38.35 - . 57/gal * .52/gal * . 0925/1b .053/1b * .041/1b * .274/1b DUSO CHEMICALS $11.83 - .91/gal $38.48 - .74/gal $ 6.70 - .067/1b * $ 8.85 - .063/ib $ 2.50 - .05/1b $38.40 - .268/1b AXTON-CROSS $ 8.71 - $34.84 - $ 7.25 - $ 7.84 - $ 3.15 - 1(- $32.20 - now taking the unit price x the estimated quantity : $222.30 $5,408.00 $1,156.25 $6.63 $28.70 $7,672.00 $1.4,493.88 ** $354.90 $7,696.00 $837.50 $7.88 35.00 $7,504.00 $16,435.28 $261.30 $6,968.00 $906.25 $7.88 $44.10 $6,440.00 $14,627.53 .67/gal .67/gal .0725/1b .0630/11) .063/1b .23/1b 1 1-3 0 I1 0 Lc1 5 0 0 5 r- 0 (t) 1-1 (1) - 0• 1-h 0 5 1-1 pUR .zageivi aoj 6 71 MR. JOHNSON moved to accept the recommendations of the Comptroller on Chemical Purchases and award the bids as stated in his memo to the Town Board. Seconded by Mr. Jensen Motion Unanimously Carried The following memo was received from Mr. Ryan: March 22, 1978 Memo To: Town Board Members From: Matthew Ryan, Comptroller kle Re: Sludge Bids The sludge bids were opend and the bids are as follows: Herring $24.75 M&O 26.75 Jerry's 28.00 Murphy 28.00 Herring is the apparent lowest responsible bidder. The Town will save in excess of $4,600 by this bid during the next twelve months. s/ Matthew Ryan, Comptroller MR. JOHNSON moved to accept the recommendation of Mr. Ryan and award the bid for Sludge Removal on Town Sewer Plants to the apparent low bidder, Herring Sanitation Service at $24.75 per thousand gallons. Seconded by Mrs. Reilly. Motion Unanimously Carried )ids an Plant Operators for Water and Sewer Plants of the Town of Wappinger were received and opened on March 24, 1978. Two bids were received--Camo Pollution;Control, Inc., $136,918.92 and New and Used Water Specialists, Inc. $98,346.00 There was discussion on the vast difference in the amounts of these bids. There were questions in the minds of the Board members. MR. DIEHL moved to instruct the Attorney and the Engineer to collab- orate on a revision of the requirements and prepare specific tasks for Sewage Treatment Plant Facilities and Water Supply Facilities, to be sent to the two firms that had sent the Town a bid on these services. 67$ Seconded by Mrs. Mills Motion Unanimously Carried The following memo was received: Memo to: Town Board Members From: Supervisor Diehl It appears from past discussions and problems and again discussing the problem with Robert Ruit, Building/Zoning Adminis- trator, this action is the most feasible, necessary and corrective action to assure Town and Districts of proper use of facilities and payment to the Town. Your support of the attached resolution is urged to correct this problem. x/Louis Diehl The following resolution was introduced by SUPERVISOR DIEHL, who moved its adoption: BE IT RESOLVED., that after thirty days have elapsed after a sewer or water application has been made and a permit issued, the applicant shall become liable for any and all use charges applicable to the sewer or water district. The Sewer and Water Billing Department shall enter this residence or commercial facility into its regular billing cycle. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Diehl directed the Town Clerk to inform Mr. Ruit of this Town Board action. The following recommendation was received from Mr. Lapar: April 6, 1978 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Dear Board Members: As per the request of the Dutchess County Health Department, our office again recommends to the Board that the improvements to the various sewage treatment plant facilities be awarded to Hall & Company, Inc. 1. Mid -Point Park Sewer District 2. Rockingham Farms Sewer District 3. Wildwood Sewer District $15,100.00 6,240.00 3,224.00 This is to be done in accordance with the contracts plans and specifications on which the bids were received on March 9, 1977. Lafko Associates, Inc. bids for this work were as follows: 1. Mid -Point Park Sewer District 2. Rockingham Farms Sewer District 3. Wildwood Sewer District $15,241.25 5,296.25 3,871.25 Lafko, by letter to the Town Board has declined to be considered in the bidding because of the years' delay that has ensued and therefore, it is our recommendation, that Hall & Company, Inc. be awarded these three bids. Thank you, Very truly yours, s/ Rudolph E. Lapar, P.E. MR. JOHNSON moved the Supervisor be authorized to sign a contract with Hall & Company for improvements to Mid -Point Park Sewer District in the amount of $15,100.00, subject to the Town's sale of notes or bonds, and further to direct the Comptroller to prepare the necessary papers for bonding. Seconded by Mrs. Mills Motion Unanimously Carried MR. DIEHL moved that the bid be awarded to Hall and Company for improvements to Rockingham Farms Sewer District in the amount of $6.240.00 and that he be authorized to sign a contract with this company and the monies be taken from the Capital Fund. Seconded by Mr. Johnson Motion Unanimously Carried MRS. MILLS moved the bid for improvements to Wildwood Sewer District be awarded to Hall & Company in the amount of $3,224.00. Seconded by Mrs. Reilly. Motion Unanimously Carried The following recommendation was received from Mr. Lapar: April 10, 1978 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: N.Y.S. Dept. of Conservation Letter of Oct. 13, 1977 and Camo Pollution's letter dated January 27, 1978 Dear Board Members: 671 We recommend that the following items and costs related thereto be approved: 1. Extending the primary and secondary lines below the liquid level in the sludge holding tank Oakwood S.T.P. $275.00 2. Extending the air diffusers in the sludge holding tank Oakwood S.T.P. $475.00 3. All weather feed system - to inject chlorine, hydrogen peroxide into sludge viewing box. $375.00 Thank you, Very truly yours, s/ Rudolph E. Lapar, P.E. MR. DIEHL moved to award this bid to Camo Pollution Control Inc. as outlined in Mr. Lapar's letter to the Board and the money be taken from the Capital Fund. Seconded by Mr. Johnson Motion Unanimously Carried The following resolution was introduced by COUNCILMAN JENSEN, who moved its adoption: WHEREAS, the late George H. Schlathaus, by his Last Will and Testament has provided that his residence, which is more particularly described in a deed recorded in the Dutchess County Clerk's Office in Liber 1103 of Deeds, page 701, shall be conveyed by his executors to the Town of Wappinger for its uses and purposes only as set forth in his Will, and WHEREAS, said Will conditions the gift upon the use of the premises for park and recreation purposes, and WHEREAS, said Will contains a reverter clause in the event the property is not so used, NOW, THEREFORE, BE IT RESOLVED that the Town of Wappinger hereby accepts the gift of George H. Schlathaus as given under his Last Will and Testament and subject to the terms and conditions thereof. Seconded by Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays 6 7i The Board directed the Town Clerk to write to Mr. Lyons, Attorney for the estate of Mr. Schlathaus and send him a copy of the acceptance resolution and request that he send the deed of this property to Mr. Rappleyea to have it recorded prior to May 1, 1978, so the taxes can be abated. Mr. Adams had prepared a resolution regarding Freedom of Information Law which would update the present resolution the Town had adopted. This one was for the purpose of adopting at local level the changes kie that had been made at state and federal level. ihe kbe The following resolution was introduced by COUNCILMAN JENSEN who moved its adoption: RESOLUTION ADOPTING RULES AND REGULATIONS WITH RELATION TO PUBLIC INSPECTION AND COPYING OF SUCH TOWN RECORDS AS ARE SUBJECT TO PUBLIC INSPECTION BY LAW BE IT RESOLVED that the following rules and regulations shall apply to the public inspection and copying of such Town records as are subject to public inspection by law. A. PLACE OF INSPECTION. Such records shall be made available for inspection at the office of the Town official whose department is charged with the custody and keeping thereof or having custody thereof. The Town Clerk shall maintain a record of the official and address for each department of the Town. The Town Clerk's office is located at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Said official shall be the records access officer of their department who shall have respon- sibility for administering the provisions of this resolution. The Town Clerk shall maintain a list of Town departments and the name and business address of the responsible Town official who is the public access officer for that department. B. TIKE 0,' .INSPECTION. Such records shall be made available for public inspection on regular business days between the hours of 10 A.M. and 12 Noon and 1 P.M. and 3 P.M., if readily available. If not readily available, written request specifically describing records to which access is desired shall be filed with the Town officer or employee charged with the custody and keeping thereof, who shall produce same within five days of such request. Such written request shall be on the form prescribed by the Town Board. C. RESPONSIBILITIES OF PUBLIC ACCESS OFFICER 1. Maintain an up-to-date subject matter list of records available, to be revised twice annually. request. 2. Assist requestors of information in identifying records. 3. Make final determination for requests. 4. Provide for reproduction upon payment of fees. 5. Make records subject to'inspection available upon 6. Certify records upon request upon payment of fee or 67 ' certify that specified record cannot be found after diligent search or that official is not custodian for such records. D. REQUESTS FOR ACCESS TO RECORDS 1. Each official may require either oral or written requests for records, and each request, to the extent possible, shall specifically identify the records to which access is sought by the requestor. 2. All requests shall be answered within five business days of the request. 3. In the event that the official denies access to the records requested or fails to provide access within five days, the official shall provide the requestor with a written acknow- ledgement of the request, and the approximate date by which the records will be furnished or a certification that after diligent search, the record requested cannot be located. Notwithstanding the foregoing, failure to provide access within ten days of the original request or to provide a certification that the record cannot be located shall be deemed to be a denial that may be appealed. E. DENIAL OF ACCESS AND APPEAL OF DENIAL 1. Any official denying access shall do so in writing within five business days of the request, stating the following: a. The reason(s) for denial b. The right to appeal c. The procedures to be followed upon appeal. d. The body or person to which the appeal must be made. e. The time within which the appeal shall be made f. The name, address and business number of the appellate body or persons. 2. Bernice Mills is designated as the appellate body or person to hear and determine a denial of access to public records. 3. All appeals shall be made within thirty (30) days from the date of denial of access, shall be made in writing, and shall include the following information: a. Date, location and nature of request for records b. A copy of the request if in writing c. A copy of denial or statement that no reasons were given d. name and address of appellant e. reasons why appellant believes that access to records was improperly denied. 4. All appeals shall be transmitted to the appellate person at the Town office; a copy shall be mailed by appellant to the officer whose determination has been appealed, and said officer may submit a written response within five days by mailing or submitting the same to the appellant person and by mailing or submitting a copy to the appellant. 5. Procedures upon appellate review. Upon receiving an appeal, the reviewing person or body shall transmit a copy thereof to the Committee on Public Access to Records and shall act upon the same within seven days of receipt. The determination shall be 6 transmitted to the appellant, the officer and the Committee on Public Access to Records. 6. Any action taken by the appellate person or body is subject to court review as provided by Article 78 of the Civil Practice Law and Rules. F. FEES. 1. Copies. The Town officer or employee charged with the custody and keeping of the record shall upon request make a copy or copies of any record subject to such inspection upon a payment of a fee of $.25 per page. If a copy or copies are desired thereof by the requestor, the Town officer or employee charged with the custody and keeping of the record shall make the same and mail or deliver the same to the requestor within one week depending on the volume and number of copies requested. If reproduction is not possible, records may not be removed but a summary shall be prepared. The cost of said summary shall be the actual cost of preparation thereof. 2. Certification. Any Town officer or employee charged with the custody and keeping of any such record shall upon request, certify a copy of a document or record prepared pursuant to the provisions of the preceding subsection upon payment of a fee of $.25. G. TO PREVENT AN UNWARRANTED INVASION OF PERSONAL PRIVACY. An agency or municipality or officer thereof may delete identifying details when it makes records available. An unwarranted invasion of personal privacy includes, but shall not be limited to: 1. Disclosure of such personal matters as may have been reported in confidence to an agency or municipality and which are not relevant or essential to the ordinary work of the agency or municipality. 2. Disclosure of employment, medical or credit histories or personal references of applicants for employment, except such records may be disclosed when the applicant has provided a written release permitting such disclosure. 3. Disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility. 4. The sale or release of lists of names and addresses in the possession of any department if such lists would be used tbe for private commercial or fund-raising purposes. 5. Disclosure of items of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the department. H. In addition to such requirements as may be imposed by this resolution, each board, commission or other group of the Town having more than one member shall maintain and make available for public inspection a record of the final votes of each member in VI I every agency proceeding in which he votes. Seconded by Mrs. Reilly Roll Call Vote: 5 Ayes 0 Nays The following letter was received: March 14, 1978 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Central Wappinger Water Imp. 4*8 Release of Final Payment Dear Board Members: Please be advisedthat the one year guarantee period for the above project has passed and the final retainage may. be released. The amount of final payment if`.$226.00 The Contractor was Lombardi & Son, Inc. Thank you, Very truly yours, s/ Joseph E. Paggi, Jr. Eng. MR. JOHNSON moved to approve payment to Lombardi & Son, Inc, in amount of $226.00, final retainage fee on Central Wappinger Water Improvement Contract #8. Seconded by Mrs. Mills. Motion Unanimously Carried The following letter was received: March 14, 1978 Town Board, Tbwn of Wappinger Mill Street Wappingers Falls, N.Y. Re:. Cost Estimate, Bel -Aire Lane Drainage Project Dear Board Members: As per your request at the March 13, 1978 Town Board Meeting, the following is a revised estimate of the Proposed Drainage Project superseding the original estimate submitted on March 18, 1977. BEL AIRE LANE 1250' of 5.4" _RCP @ $100/ft. $125,000.00 12 Inlet Basins ® $1,000/ea. 12,000.00 LOSEE ROAD CROSSING - with Headwalls 5,000.00 1250' of re -paving @ $20/ft 25,000.00 Miscellaneous -Easement, Rock, Gravel, etc. 16,000.00 Subtotal $183,000.00 Engineering, Legal, Bonding, etc. 15% 27,000.00 Total $210,000.00 Very truly yours, s/ Rudolph E. Lapar, P.E. A letter was received from Mr. Lapar recommending that payment should be made to Joseph Ruscitti, Inc. for the White Gates Meter Pit Contract as the job had been completed. MR. JOHNSON moved that payment be made to Joseph Ruscitt, Inc. for the White Gates Meter Pit Contract, less 5% retainage fee and notify Mr. Gunderod that the meter is ready for operation and a reading should be taken at this time. Seconded by Mrs. Mills Motion Unanimously Carried The following letter was received: March 29, 1978 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. ihre Re: Truett Storm Drainage kw, Dear Board Members: On March 29, 1978, William P. Horton and Rudolph E. Lapar observed the above captioned project. Previous reports of my inspectors and engineers on the project indicated that the retaining wall (railroad ties) which did not have a solid foundation, had its earth foundation eroded. It is our opinion that this condition would have happened over the years in any event, but was probably hastened by the construction. We, therefore, agreed that a change order to close in the entire stream was a final answer. We have submitted same herewith for your perusal. Very truly yours, s/ Rudolph E. Lapar, P.E. 6 MR. JOHNSON moved that the Board set up a meeting with Mr. Truett to discuss the matter on April 12, 1978 at 5:30 P.M. to finally resolve this project. Seconded by Mrs. Mills Motion Unanimously Carried Applications for meddlers Licenses had been received from Garry Maynard, Michael Ranco, both chimney sweepers, Daniel Fallone for Lawn Maintenance, William Cobb, Hot Dogs, and Charles Fry, Ice Cream. MR. JOHNSON moved to approve a Peddlers License for Michael Ranco. Seconded by Mrs. tills Roll Call Vote: 4 Ayes Mr. Diehl ---Abstained MRS. MILLS moved too approve a Peddlers License for Garry Maynard. Seconded by Mrs. Reilly. Motion Unanimously Carried MR. JOHNSON moved!, to approve a Peddlers License for Daniel Fallone. Seconded by Mr. Jensen Motion Unanimously Carried MR. JOHNSON moved to approve a Peddlers License for William Cobb. Seconded by Mrs. Mills. Motion Unanimously Carried MR. JOHNSON moved to approve a Peddlers License for Charles Fry. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from Mr. William Heaney, 11 Orchard Drive, enclosing a bill for i cubic felt Zeolite from Servisoft in the amount of $25.00. Mr. Heaney stated in his letter that the low water pressure sucks the Zeolite out of the water softener. Mr. Diehl agreed that they had had a problem there that would cause this situation and felt the bill should be paid. The problem has been corrected. 6 V. MR. JOHNSON moved to refund Mr. Heaney $25.00 for his loss of water softener and notify the Comptroller to send Mr. Heaney a Town voucher and upon receipt of the signed voucher, send Mr. Heaney a check for $25.00. Seconded by Mrs. Reilly Motion Unanimously Carried gibe The following letter and crap=yeceived: L March 22, 1978 Wappinger Falls Town Board c/o Town Hall Mill Street Wappingers Falls, NY Dear Sirs: The Management of Village Crest Apartments wishes to place a request before your Board regarding fire lanes and illegal parking in such lanes. We have designated one side of the street parking in accordance with the wishes of our Fire Company. However, many people park in the posted lanes, and we are unable to enforce the rule. On many occasions, we have enlisted the aid of the Sheriff's Department and State Police to no avail. There is simply no Town ordinance covering this situation. We wish to state that we do not desire an ordinance for the sole purpose of punishment and or capriciousness. The whole rational is the fact that we are restricted as topassage ways and complete access to all our installations. When a vehicle is parked in a designated fire zone, there is the very real danger that any emergency vehicle will not be able to reach whatever they were called for. We feel that we should not be placed in a position that after all our vigilance, we are unable to use the duly authorized police agencies to enforce the regulations which are for the mutual benefit of Village Crest, the tenants, and the Town. In addition, the lack of enforcement capability tends to have the violators view our serious minded efforts in a scoff like light, and they resist our attempts to make a bad situation into an acceptable one. Yours truly s/ Hugo J. Ascenzi, Resident Mgr. Town Justice William Bulger sent the following letter: 6 t March 28, 1978 Elaine H. Snowden, Town Clerk Town of Wappinger Town Hall - Mill Street Wappingers Falls, New York Dear Mrs. Snowden: In reference to copy of letter received from Village Crest. apartments concerning fire lanes, please refer to Section 1660A of Vehicle and Traffic Law of State of New York. Yours very truly, s/ William J. Bulger Section 1660-a of the Motor Vehicle Law states that the Town Board may, at the written request of the owner or manager of an apartment complex or other private areas, adopt a local law or ordinance enforcing parking for fire lanes. MR. JOHNSON moved to direct the Attorney to prepare the necessary local law or ordinance prohibiting parking in the fire lanes of the Village Crest Apartments for our next meeting, advise the Fire Chiefs of the Town and Mr. Ascenzi of this action and further that owners will be responsible for obtaining and paying for any signs needed for enforcement. Seconded by Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays The following letter was received from the Zoning Board of Appeals: March 28th, 1978 Town Board, Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Correspondence from the Zoning Board of Appeals concerning the existing and proposed Zoning Ordinances. Dear Board Members: Previously, the Zoning Board of Appeals has submitted various correspondence with reference to some problem areas they have found in the Zoning Ordinance for your consideration. Copies of these letters are attached. The Zoning Board of Appeals would like to take this opportunity to request that consideration of these comments be reactivated, perhaps, by referral to the committee that is working on the updating of the Zoning Ordinance. 63' Mr. Landolfi, being recognized by the Chair, addressed the Board on the present Zoning Ordinance, adopted in 1963 with only minor changes since then. Two years ago, he said, after countless meetings with other Boards and advisory committees and recommenda- tion from them, informational meetings were held, public hearings were held, but nothing was done. Maybe it would be better to work in pieces. Mr. Johnson interrupted to say it hasn't been forgotten- there are new members on the Board who have to acquaint themselves 4111, with it. Mr. Landolfi went on further and discussed the inactivity of the Board. Mrs. Reilly, on the Ordinance Committee, informed Mr. Landolfi they (she and Mr. Johnson) had every intention of reviving the Zoning Ordinance and had discussed it. At this point Mr. Johnson immediately set a meeting for April 24, 1978 at 8:00 P.M. with the Planning Board, the Zoning Board of Appeals and the Town Ordinance Committee. He felt "piece meal" changes were not the answer. A copy of a letter from the New York State Department of Transpor- tation to Ziebart Auto -Truck Rust Proofing on Old Route 9 dated March 28, 1978 was received. This regarded a request for road name signs at the intersection of Route 9 and Old Route 9 in the vicinity of the Majestic Diner, and although it was situated in the Village, the State Department of Transportation had sent the Town a copy for information and any action they might want to take. kre MR.JENSEN moved that this communication be forwarded to the Village of Wappingers Falls for their consideration and action with a comment 41, that the Town agrees that the sign is necessary. 110 Seconded by Mrs. Reilly. Roll Call Vote: 5 Ayes 0 Nays A letter was received from the Chairman of the Recreation'Commission requesting permission for members of the Commission to attend a Convention of the New York State Society of Recreation and Parks at Monticello, New York from April 16 through April 19, 1978. MR. JENSEN moved that any member of the Recreation Commission wishing to attend the Convention at Monticello from April 16 through April 19, 1978 was granted permission to do so and their legitimate expenses would be a Town charge and further to remind the Commission members they were allowed one overnight convention for the year. Seconded by Mrs. Reilly Motion Unanimously Carried A request was received from the Planning Board for Mr. George Brannen to take part in a Solar Energy Bus Tour to New England April 28th through April 30th, 1978. He was the only member participating. HR. JOHNSON moved:to grant permission to Mr. George Brannen to take part in the Solar Energy Bus Tour to New England April 28 through April 30, 1978, and his legitimate expenses would be a Town charge. Seconded by Mrs. Reilly Motion Unanimously Carried The following letter was received: April 1, 1978 Town Board, Town of Wappinger Wappingers Falls, N.Y. Re: Mid Point Park Flowmeters Dear Town Board Members: As a result of a commitment made with the original suppliers of the flowmeters this day, I can guaranteeto you that the existing flowmeters will be working or new equipment in its place by April 15, 1978. This is due to the fact that the original company has been purchased by the large Neptune Meter Co., and through con- tacts and impressment I obtained a full backing of product and continued warranty by them for this installation. I realize the time consumed but if you check with your engineer, you will find that this commitment further exemplifies Lafko Associates' persistence on this project so that the Town can have a good workable product today as well as tomorrow. 1 4.0 Hoping this meets with your approval, I remain Respectfully yours, s/ Ronald Lafko, President MR. JOHNSON moved to receive the letter and place it on file. Seconded by Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays The following memo was received: Memo To: From: Date: Subject: 6 teti f Town of Wqpinger Town Board Town of Wappinger Planning Board April 4th, 1978 Cable TV Service in Developments with Undergound Utilities The Planning Board of the Town of Wappinger has encountered a problem in trying to insure that future residents in developments with underground utilities shll have access to Cable TV service if they so desire. We do not believe that the Planning Board has the power to mandate such service as a condition of subdivision approval. In the absence of Town regulations to require Cable TV companies to provide such service as a condition of franchise; and in the interest of good planning to meet future needs we plan to do the following: As a condition of approval on subdivisions with underground utilities we will ask the developer to contact Central Hudson, New York Telephone, the Town franchised Cable TV company and the Town Board to try to negotiate agreements whereby Cable TV facilities will be installed with the underground utilities. If these negotia- tions are successful, it shall be so noted in the resolution of approval. If these negotiations are unsuccessful, we will ask the developer to provide a statement indicating why agreements to provide Cable TV service could not be reached. We invite your comments and will be glad to work with you to explore this problem and develop alternative solutions to address it. Very truly yours, s/ Victor L. Fanuele, Chairman The Town Board had previously met with Central Hudson for a better understanding of determination of costs distributed between Central Hudson, New York Telephone and cable companies. He, therefore, recommended that Mr. Fanuele contact Central Hudson and the New York Telephone to discuss this service with them and come to some determina- tion. When this groundwork has been accomplished, he can then report his findings to the Board and at that time the Town Board can recom- mend. The following letter was received: April 5, 1978 •Wappinger Town Board c/o Town Clerk Mill Street Wappingers Falls, N.Y. Dear Board Members: During the 1977 fiscal year the Advisory Council has been receiving 50% reimbursement of proved expenditures from the Department of Environmental Conservation through their Community Assistance Program. While the Council must operate within the town's fiscal year, we must submit vouchers for reimbursement according to the state fiscal year which begins April 1. Since our Community Assistance Program budget was totally expended as of 31 December 1977, it will be necessary for you to approve a budget revision prior to our submittal of state fourth quarter vouchers. Since these expenditures have been paid from our 1978 town budget, this will be a paper revision and not an actual increase in funds. As soon as this authoriztion in the amount of $132.12 is received, the necessary forms will be submitted to D.E.C. for reimbursement. Sincerely, s/ Edward S. Hawksley Chairman MR. DIEHL moved to notify the Comptroller, have him verify the figure and make the necessary revision so that Mr. Hawksley can submit the forms to the Department of Environmental Conservation for reimbursement. Seconded by Mr. Jensen A letter was received from Mr. Robert Chiarenzelli, 14 Fox Hill Road, complaining of a drainage problem when the road level was raised in front of his house due to installation of water and sewer lines. After his first complaint in February of 1977, the Highway Super- intendent had installed a dry well at the end of his driveway. It helped somewhat, but not when excessive rain fell. Mr. Horton and Mr. Lapar had made an inspection after this letter was received and Mr. Horton informed the Board improvements would be made this summer. Mr. Diehl directed the Town Clerk to inform Mr. Chiarenzelli of this action. 67 t An informal bid was received from Ralph J. Holt, 10 All Angels Hill Road in the Town of Wappinger for window cleaning of Town Hall, 1st and 2nd floors, in and out and Justice Court, Old Route 9, in and out. The total amount for these windows was $65.00 per month. Mr. Diehl directed that this bid be tabled as he did have other proposals and the Board would consider them all. The following letter was received: April 10, 1978 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Ardmore Hills Water Well Project Dear Board Members: After further exploratory work, it was determined that a naturally developed gravel well, as outlined in Change Order #1, (copy enclosed) was not the best selection. We, therefore, propose to proceed using the unit costs of the original contract, (which was a gravel packed design). The additional construction cost will now be $3,148.35. The total construction cost will now be $34,587.00. This is under the grant allowance of $38,000.00. We recommend that this course of action be followed and that the construction of the new well be started at once. Thank you, Very truly yours, s/ Rudolph E. Lapar, P.E. MR. JENSEN moved to accept the recommendation of Mr. Lapar since this is under a grant, and place the letter on file. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays Mr. Diehl called a recess at 9:25 P.M. Mr. Diehl called the meeting back to order at 9:55 P.M. All Board members were present. 611 A letter was received from Mr. Mangold, Attorney for D.W.S. requesting phasing of fees for Cranberry Subdivision as this large sum would create a hardship and if possible they would prefer to pay these fees as building permits are issued. MR. JENSEN moved to refer this to the Attorney for review and recommendation, receive this letter and place it on file. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays Under Reports, Mr. Hawksley had submitted a report on "The Geology and Water Resources of the Town of Wappinger which had been prepared by Mr. John Perillo, a member of the Conservation Advisory Council. Mr. Perillo was present and gave a brief summation of the report stating that our amount of water was ample, but care must be taken to avoid pollution. Mr. Jensen had read the report briefly and commented that it was very informative and helpful but erroneous as to owners of water supply, a minor detail ---he was to be commended on the report. MR. JENSEN moved to receive the report and place it on file. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays Mr. Jensen reported briefly on Tri -Municipal Committee, they had met last week and awarded a bid to Eccosciences Company on Impact Statement work. The project was moving, but slowly. Under Unfinished Business, Mrs. Pierson from Beechwood Circle had contacted the Deputy Town Clerk for further action on her drainage problem. It had been referred to the Attorney previously to ascertain whether or not her deed contained any easement for drainage purposes. His reply was negative. MR. JENSEN moved that all communications relating to this matter be sent to the Attorney, Engineer and Highway Superintendent for a second review and report back to the Board as to whose responsibility L 67a,.i this is ---the Town's or the homeowners and have their determinations read for the next Town Board meeting. Seconded by Mrs. Reilly. The following memo was received: Memo To: From: Date: Subject: Motion Unanimously Carried Town Board Members Matthew W. Ryan, Comptroller February 14, 1978 Insurance Bills I am enclosing a copy of bills received for insurance coverage from Marshall & Sterling and E. J. Buck, Inc. Needless to say I was flabbergasted when I added everything up. First a brief history: Our 1976 expense for premium payments were $13,678.00. Our 1977 payments for insurance were $36,063.00. Our 1978 bills to date are $40,251.00!! We also anticiapte future premium payments of $3-5,000.00. Our 1977 budget for these insurance premium payments was $23,300.00, our 1978 budget is $38,000.00. Therefore, a shortage exists today of $2,251.00 and could run as high as $7,300.00 by the end of the year. In order to pay the bills I would need a transfer: From: $1,219.00 A1990.4 Contingency To: A1910.4 Unallocated Ins. From: $1,081.00 B1990.4 Contingency To: B1910.4 This transfer, however, reduces our "A" fund contingency 22% and our "B" fund contingency 35%. MR. JENSEN moved that the recommended transfers be made and the Comptroller be authorized to pay the insurance premiums. Seconded by Mrs. Reilly kire Roll Call Vote: 3 Ayes Mr. Johnson ---Nay Mrs. Mills ---Nay Motion carried. Mr. Incoronato, being recognized by the Chair, brought up the subject of the fence encroachment in the Fleetwood recreation area. This was discussed in January, a report is long overdue. Mr. Diehl informed him no work had been done due to the snow storms we had, but our Engineer and Zoning Administrator are working on it. We should have a report by the next meeting. 6 MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Mills and carried. The meeting adjourned at 10:18 P.M. Reg. Mtg. 4/10/78 Deputy Town Clerk