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1977-03-28 RGMAGENDA TN BC.A.P.D TOWN OF WAPPR MARPH '9, 1077 1. SUPERVISOR CALL MUTING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES Reg. Feb. 14, 1977 4. REPORTS OF OFFICERS Receiver of Taxes 5. RESOLUTIONS Receipt of Supervisors Annual. Report 1. Cranberry Hills Water -Imp. 2. Cons. Environmental Quality Review - Local law 2_. 3. Comptroller - Local Law 7 4. CATV Rate increase 5. Bids for Improvements of Various Sewage Treatment Plants 6. Appointment of Building Inspector 6. PETITIONS & Ca•2•1"JNICATIONS a. Gus Tubo re: Dutchess County Airport b. Joseph & Virginia Kunkel re: Permission to become Tenants to RFSD c. Mrs. Jacqueline O'nalley re: Dara Lane d. Eugene Marx - Dutchess Co. Dept. Health, Mosquito Re: Water management projects pertaining to potential mosquito, breeding areas e. E.E. Wiggin re: change policy of Tenants to RFSD f. Allen Jay Bedner re: request returnof Subdivision fee for Valleew Farms g. S. Anderson, Zng. Adm. re: Inspections, etc. Control Sectionl 7. C OMM ITTEE RE P aRTS a. Street Lighting - Mrs..Seigfried requestfor St. Light, Brook :t Place & All Angels • :; b. Comptrollers report re: SPCA & T/W Dog Warden/Shelter 8. UNFINISHED BJSINESS 9, NEW BUSINESS 10. ADJOURNMENT 1 60-5 The Regular Bi -Monthly Meeting of the Town Board of the Town of Wappinger was held on March 28, 1977, at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:00 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town William Horton, Superintendent of. Highways Rudolph Lapar, Engineer to the Town The minutes of the February 14, 1977 Regular Bimonthly meeting, having been previously sent to the Town Board members, were now placed before them for their approval. Mr. Jeneen.noted that there was -one error in the seconding of a resolution and also one reference to work done on Dara Lane, it should reflect the lines were worked on three times, not dug up three times. The resolution referred to was regarding the cor- rection of the spelling of MacFarlane Road, the error was that the motion was both made and seconded by Mr. Clausen and should read seconded by Mr. Jensen. (page 78 of the minutes of Feb. 14, 1977). MR. JENSEN moved the minutes of the February 14, 1977 regular Bimonthly Meeting, as submitted by the Town Clerk be and they are hereby approved subject to the correction of the seconding of the MacFarlane Road resolution and correct the reference to working on the lines in Dara Lane. Seconded by Mr. Clausen. Motion Unanimously Carried Reports for the month of,February were received from the, Supervisor and Receiver of Taxes and also the Supervisor's Annual Report for 6 C 1976 was received March 21, 1977. MR. CLAUSEN moved that the Supervisor's and Receiver of Taxes' February reports and the Supervisor's Annual Report for 1976 be accepted and placed on file. A public hearing having been duly held on March 23, 1977, on the Matter of the Establishment of the Cranberry Hills Water Improvement Area, an Order was now placed before the Board for their consideration. The following Order in the Matter of the Establishment of the Cranberry Hills Water Improvement Area, was moved by Councilman Jensen, seconded by Councilman Johnson and duly adopted upon roll call vote: Councilman 'Clausen Abstain Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Aye Supervisor Diehl Aye WHEREAS, a map, plan, and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger relating to the establishment of a proposed Water Improvement Area to be known as the Cranberry Hills Water Improvement Area in the Town of Wappinger, Dutchess County, New York, pursuant to Article 12c of the Town Law, and WHEREAS, said map, plan, and report have been duly filed in the Clerk's Office of the Town of Wappinger for public inspection, and WHEREAS, said map, plan and report were prepared by Rudolph E. Lapar, a competent engineer, duly licensed by the State of New York, showing the boundaries of the proposed Improvement Area and a general plan for the water system, and WHEREAS, the improvements proposed as set forth in said plan and report consist of water supply, water storage facilities, water mains, pumping stations and associated facilities located in the Town of Wappinger, and WHEREAS, the improvement will provide for the Cranberry Hills area of the Town of Wappinger, and WHEREAS, the Town Board of the Town of Wappinger did adopt an Order on or about February 28, 1977, providing that on March 23, 1977, a public hearing would be held upon said map, plan and report at the Town Hall, Mill Street, Wappingers Falls, Town of Wappinger, and WHEREAS, the said Order was duly posted and published and the public hearing was held on March 23, 1977 at 8:00 o'clock p.m. 166 Eastern Daylight Time; now, upon the evidence given at said hearing and upon motion of Councilman Leif W. Jensen, seconded by Councilman Nicholas Johnson and passed it is RESOLVED and determined that (a) the map, plan and report of Rudolph E. Lapar, Engineer, duly complies with the Town Law requirements and is sufficient as to its description of the proposed improvements and costs thereof; (b) all the property and property owners within the proposed improvement area are benefited thereby; (c) all the property and property owners benefited are included within the limits of the proposed improve- ment area and (d) it is in the public interest to create the water improvement area; and it is further RESOLVED and determined that the establishment of a water improvement area be approved; that the improvements set forth 1610 on the map, plan and report be constructed or acquired and the service therein mentioned be provided for; and that such improve- ment area shall be designated and known as the "Cranberry Hills Water Improvement Area: and shall be bounded and described as follows: ALL that tract of land in the Town of Wappinger bounded and described in Schedule "Ay, attached hereto, and made part hereof. and, it is further RESOLVED and determined that the Town Clerk shall within ten (10) days after the adoption of this Resolution file a certified copy hereto in the office of the Dutchess County Clerk, and it is further RESOLVED and determined that the resolution shall take effect immediately upon its adoption and as provided by Town Law. (description of Cranberry Hills Water Improvement Benefited Area boundaries is annexed hereto and made part hereof of the minutes of this meeting). Mr. Jensen asked for the record why Mr. Clausen abstained on the Cranberry Order vote. Mr. Clausen stated that, one, his father was the prior owner of the property that now is owned and being developed by D.W.S., and he doesn't know what the situation is as far as holding a second mortgage, secondly, there is a problem with water, could be a problem with water, in that one of the proposed roads is going to cut in across an existing pond which borders his property, and in the future he may have to take some action, if his property gets flooded by the action of D.W.S. putting in a road over the pond. So, rather than prejudicing myself on both counts, he would at this time and in the future abstain until the flooding problem, as he sees it, is settled and the property of which his father may or may not still have interest in is resolved. A Public Hearing, having been duly held on March 23, 1977, on a Local Law pursuant to Article 8 of the New York Environmental Law providing for environmental quality review of actions which may have a significant effect on the environment. The following Resolution was introduced by Councilman Versace, who move4ts adoption: WHEREAS, a local law providing for the enactment of an Environmental Quality Review has been introduced by the Town Board of the Town of Wappinger, and WHEREAS, a public hearing was held upon such local law, NOW, THEREFORE, BE IT RESOLVED that said Section 22 (b) of the local law shall be amended as follows: Section 22 (b) "Actions undertaken, applied for, or approved prior to the effective dates of this Law provided, however, that if after such dates the Local Agency modifies an action undertaken or approved prior to that date and determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this local law and Part 617 of Title•6 NYCRR" . BE IT FURTHER RESOLVED that upon such local law being amended as above set forth, the same shall be adopted. Seconded by: Supervisor Diehl Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Aye Supervisor Diehl Aye Resolution Duly Adopted A public hearing having been duly held on March 28, 1977 on a Local Law with respect to the Office of Comptroller in the Town of Wappinger, the matter was placed before the Board for their consideration. MR. JOHNSON moved the adoption of Local Law #3 of the Year 1977 which would allow the Office of Comptroller in the Town of Wappinger -• • r t8' .;±r� .. ^. ::Y :: E TAKE 'NOTICE that 'the Board of the Town of-Wappinger, 1 conduct a public hearing at the Hall, Mitt Street, Wappingers .1111977 at 700 M EST Wednesday, all concerning the Matter_ et the stablishment of the Cranberry Hills. Water Improvement Area in the Town Oil i a 4,i deg. 54'53" W 42.33' S 49 deg. 25'58" W 26.45' • 545deg. 24'5" W62.�• S 47 deg. 48'44" W 11.38' ' - 5 42 deg. 50'20" W 72.01' S 46 deg. 37'15" W 16.66' N 27 deg. 29 '39' 41.7? N 40 tl 9. 25.39" WW 8 97 • • N 27 deg. 4' l5" W W.94' ' N 29 deg. 01'44" W 159.71" N 28 deg. 02'38" W 84.50' N 29 deg. 53.27• W 154.79' N 27 deg. 1617" W:7538' • Pdeg. 003 W 30.'`^t 31 de.' ° N 33 deg. 09'24" W 19-•.:' r `" "N 28 deg. 21'36" W 1223 f. N 29 deg. 49'32' W 69.741. i31N 22 deg. 11'08" W 12.73' ' N 6 d 38 eg. 25'32' W 1790' N 36 deegg.07'226" W t0 W_' .4 N 26 deg. 30'56" W 16.48' N 28 deg. 40'29" W 61.2 N 28 deg. 49'13" W 86.11' N 12 deg.d58'11" W 8.62' N 32 deg. 28'09' 1'y 33.01' S 65 deg. 59'19" W 366.09' • 3 26 de1 g. 45'21" W 36.99' S 26 deg. 14'41" W 40.1 5 31 deg. 4538" W 18.92' S 25 deg. 31'00" W 55.10' `": - 5 9 deg. W38" W 8.67' ' $ 29 deg. 11'066" '45" W 31.63' . S 13 deg. 4106" W 33.x'.• 5 20 deg. 22'25" W 18.284:'' 5 21 deg, 35'30"' W 18. , S 34 deg. 5813"-W 48.37.1.- 5.36 deg. 42'19' W 34.98 ", "- S 27 deo: 28.43" W 31.33" • S 13 deg.:.31'26' W 13.44' 5 1eg..38'28" W 71.63' - 3 deg:23'37" W 39.07 ';' S 1 deg."1019"..W 148.12'4;': "33 68S 56.deg.19V W 8.6' S 55 deg. 49'04" W 255.66".:` .i - S 56 deg •57'17" W 19.93'„' ' N.32 deg.'17'45" W 61.09 a 1.:'.N-28 deg. 36'38":•W 87.08':4-4• ' N 29•deg. 48'24". W 39.34':: N 26 deg: 42'09" W 106.70' '4 deg.;37,41"/ W.43.85'.5 N eg:,31'.0 AW. 15.50'- deg:;i 1236 W 17.21' --.4-.7.4 '94 40Ra°deg.'06'7' :W 19.22• .. ; 94 26 deg. 19'73"• W82.78''-. a.• N 30: deg. 10'16" W 42:18'5:• _' - N ��eg. 31'14"..W 5!:379 ' eg•21'21' »'•W 137. :4',6 deg.E56'19'-W 44.51'. .deg;:42:20 ;,W 24.84' • 1`: deg. 17S)" W 10.60'- N 27 deg. c19'19',.W 14.5811. 32deg .'3156 "`W A3.68''' 31 deg. 21'54" W 47.091 3N 27 deg. 47'55" W 6.88''' Ndeg--142317"'"W .423'27'^W '48.15' 31 d eg:38.19 W 14.04' -; N 33 deg.48'40" W 23. a. N 22 deg.'.31'26" W A. 00.'10'25" W 8,13 N-25 deg- 59'04" W.42289' 14 29 deg.,26'4f • W 112.31' N 23 Qd�4ct�o5e" W 5.7 N 338 beg•. 1! 25 10' -' 11:•26" deged W 22 4�NN 25deg,5 0'!.W 1 •': { cTN 4�,.'"iO "W 7. :N 288�peg. „ W 51 N 41 �leegg.-.30' N 21 09.'36' 9 N 29 eg:+41' 5 .N 26 e1', 08'21 3 4 N 30 e9; 6'07". "i'P4 31 eg 19'40" N 16?deg .20'33" E : .S 29.de0.$S2'27" E S 76-.;001/457.17" ES96 1444N 32 cieg '33 E 71.'x' N 34.deg 1`33" E 3--.93' lsel4':34id '33 E �.'da0' '.26" W t g' 30%deg• x'09" W 41 29 deg 107?' -W 61 h3'. 27 -deg:- 1" w 77 0'<' 3J 30 deg:' 6,.. W 17 27 deg'.'�"31f' W 18518'� 76 deg. .'15, W 36:2 r .deg .1 9591$ W 10103.477.,•,,?,. deg« 57� 1 .. J:�•e0�' 5'2 0531. 5'17' N --33. 71954k441 142.41 'OS '§E 261.' 53t31ilfr9i9. IW'214. 04.31' t •x.356:69' 60.00' 32.37' h31351278:92 71431905.18:98'' e1:t 999,: 5 31 deg. 5555'002" W 3355.01' s 30 �. 2921, W .145'312 . $ 31 deg. 06'24•' W UAW S 28 deg. 11'36" E S 26 deg. 24'22" E 75.18P S 57.;i67. 4'57" w 11.1r S 44 deg. 38.19" W 364040' 5 37 deg. 26'00" W 19.10' 5 38 deg. 03'39" W 56-i8' s 49 deg. 41'29• W 34.09 S 39 deg. 26.17" W 39.99 N 84 deg.de004 ' 50" W 194 N 32 400 WA." W 12'!!' 2 62 deg. 4I''' W 334641' S412 deg. 51.18"W41.10'.. -' S 63 deg. 25.53" W 61.11' S 40 d g. 03'13" W W� S 57 deg. 33'28" W 70.00 S5 60 000.407'01" W 29.37' S3deg 3210" W 12�9.77Sr' x. S 14 deg. 33'41" W -79.46' - 5 6 deg.eg5i31 'e5 E 13.20' $ 14 deg. 13.37" W 15.34' S 37 deg. 18'19' W 41.59' S 24 deg. 33'20" W .46' $ 41 deg. 18'59• W 21.61' S 53 deg. 57'30" W 29.82 S 62 deg.d2266'40" W 3 i..4' S 88 deg. Sew" W 103.1' - 5 53 deg. 16'28" W 122.94' $ 48 deg. 02'03" W 1'.97' 5 51 deg. 45'34" W 144.92' 5 36 deg. S deg 44'26",•E 4.21'x - 5.6 deg. 16'42" W 39;96' S 34 deg. S 48 deg.d251.24" W 10.22'. S 28 deg. 28 Se" W 4.37 5 43 deg. 27111" 111 38.76' 5 17 deg. 4924" E 132.41'- 5 27 deg. 49'24" E 415.00' N 62 deg. 10'E 513. S 15 deg. 3319 '" W 2365' • • S 16 deg. 57'33" W 56.46' 5 14 deg. 19'20" W 54.47' S 17 deg. 28'53"-W 69.12' S 7 deg...47 E 113276' S 5 deg: 50'00" E 133.35' 5 -N 84 -deg. 8 4O"W 93.56' , 5 1 deg. 18'25" E 192.82' 525 deep.'-53i'�' 6.24.0 ; , S 84 deg. 07'16" E 12.84' S 14 deg. 27'08" W SLar -S 3 deg. 1793" W 56.01' S 11 deg. 16'00" W 65.00' 5'26 deg. 5453" E 75.87' 'S 56 to the point W 205.00' - point or place of beginning. At a meetingi of the Twin Board of the Town of Wappppinger held at the T Hall in The Village of Wappingers -Fall °Outchess County, New York,-ofl the cloy of February.1977: . .7.-,,-4,44PRESENT: sl outs p,(1.. Die151;, �..;:.. ..irlAuis Clausen,.CCounclifian; = -Leif W. Jensen,'CounclUna' Nicholas Johnson; Councilman Frank Versace, -Councilman 4, ' IN THE MATTER.`':OF:? TN ESTABLUSHMENT.3F 'THEitCRA -0ERRY.•:!t4LLS" ATER:,:-J PROVEMENT4ARE 51E -TOW -OF ;' WAPP*NGE 1JTCH COUN NEW'YORK11 URSUANT- ARTJ L 12cDF;;',FH TOWN LA ,•MINfiREl13��aar"ppggnen�n0 vebeeenprapered in.such-enamor .suchltdet011,kas has=Jleretofore ermined by4he': wrv9oera bf. Wapping ,.lath/Atte biishment-•M:f ater:4 mprO � i PNrsgab velmentiArea 40 be nown:'as b n 110,0 is act' ppitger 5'Countyi , r� iclea2c•of tshhe WHEREAS;ss1d.rhaii,Planand r beendutyflied inthe Clerk's • ' the *a1ofWrla:l-., HERFASsaidmapppplanand r preparedby::Ru4.0P .•' E. -L P competent ineer,Ouly lkensedbw','s' State of =New :Yorkr'ahowino?the. -daries Of. RM ed '4m. Area and a genera a .lorithe we *..WHEREAS, � morove q -proposed 61 se *with .raid p1 v y� "report !consist ®f-waterksupply • storage facititles;Water•meins pu •stations nd associated facilities 1'• Me •Ion•of.Wappkgeraand ;WHEREAS:=`'etheDrimpr0ve s a ovide 901 5010 Cranberry. e Town of Wappinger.•and sal•. a °.dn the _Town ot•Wappinger:8rc and described general! r65-fo11 4:3EE :SCHEDULE't'A"•1T�A,T t'i -• ,ERE TOAND1''ADE`•P.ART4 EA;. . WHEREAS; ere-iSttoo - be a c 1 iture.forr36rd'Smprov en said 'lmprovement'Aree apitai costs aryl* D0 contr} • i*. - m dvem t' eat '?he:-.. eyaD 9!84 eg 45� ?1:21 -. 9sidpg 815 37x7. 28deg d8'24'i E?86.26' i Alfeg- '09 N3.62.�� 3B deg '0315'17.6 •deg 23':,'+11.9 1 e '408'- eg•66'S9".E`''12: 22 ufeg 17'50'• .E 5.044' 77��d09:+407'50'1' J?.aS.27 70e9 36'41'. E=112.2W 115'.1,1E18.67 5' 814E1635 5'"33414' 4'S143,47, 1 ..21 • `' • 422 ',EA,. 74' : 33.`-i: 48 • ...____--- —,.......... -.,Af;.S T.,..3...45.J:,-1........1...... . . . . _, .. .. • TOM BOARD: TOWN OF WAPPIN(ER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF - POSTING ESTABLISHMENT OF. THE CRANBERRY HILLS WATER IMPROVEMENT AREA IN TOWN OF WAPPINGER PURSUANT TO ARTICLE 12c OF TOWN LAW. STATE OF NEW YORK- ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 9, 1977, your deponent posted a copy of the attached notice of Public Hearing on the Establish- ment of the Cranberry Hills Water Improvement Area in the Town of Wappinger, Pursuant to Article 12c of the Town Law, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. r(k Elaine H. Snowden Town Clerk Town of Wappinger ri 1 Sworn to before me this 123 42 4 • darof )11/44,1.1 1977. / .1 . i . • /// i , , f -. 1!Vat, it Itt G7t ie,‘S 4A tt Notary Public r _ '!..t.D `. ;7;,,:':( :' c of !.:* 1.:.A State I fies;6,,u Putchess Cunt ' 1 Cremrrirseion expires March 30. Ivry • A Public Hearing was held by the Town Board of the Town of Wappinger on March 28, 1977, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York on a Proposed Local Law with Respect to the Office of Comptroller in the Town of Wappinger that may be filled by a person who is not a resident of the Town of Wappinger. Supervisor Diehl opened the Hearing at 7:34 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Louis Clausen, Councilman The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized by Albert Osten of the W&SD News. All newspapers and radio stations had been notified of this Hearing. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). The Town Clerk stated she had one letter from Connie Smith in opposition to anyone holding a position in the Town who was not a Town resident. Mr. Diehl directed that this letter be part of the minutes of this Hearing. There were no other remarks for or against this Local Law. Mr. Johnson moved to close the Public Hearing, seconded by Mr. Diehl. The Hearing closed at 7:36 P.M. caLuuuLA SA„„G,, Elaine H. Snowden Town Clerk 1 TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF A PROPOSED LOCAL LAW WITH RESPECT TO THE OFFICE OF COMPTROLLER IN THE TOWN OF WAPPINGER, THAT MAY BE FILLED BY A PERSON WHO IS NOT A RESIDENT OF THE TOWN OF WAPPINGER. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town -Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 15, 1977, your deponent posted a copy of the attached notice of Public Hearing on a Proposed Local Law With Respect to the Office of Comptroller in the Town of Wappinger, that may be filled by a person who is not a resident of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Sworn to before me this day o l2? AAst , 0144 1977. Qt ttc� a.. tck,„ Elaine H. Snowden Town Clerk Town of Wappinger Notary Public pe'F:,4.© L CUM Satan f ..She of t::sw Ydrk Stili ftesil:ng Outchess Cat* Commiszioe expire* Menh 30, %it LO'..; .,-a LAW NO. 168 f 1977 of the Town of Wanpin;er, County of Dutchess, New York, pursuant to Article 8 of the New York Environ - Dental Law providing for environmental quality review of actions which may have a s: gnificant effect on the environment. BE IT ENACTED by the Torn Board of the Town of Wappinger, New York as follows: ARTICLE I. GENERAL PROVISIONS Section 10: Compliance No decision to carry out or approve an action other than an action listed in Article II Sections 2 and 3 hereof shall be made by the. Local Agency until there has been full compliance with all require- ments of this Local Law and Part 617 of Title 6 NYY, R provided, however, that nothing herein shall be construed as prohibiting (a) the conducting of. contemporaneous environmental, engineering, economic feasibility or other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action which do not colu:tit the municipalit.f to approve, commence or engage in such action, or - (b) the granting of any part of an application which relates only to technical specifications and requirements, provided that no, such partial approval shall entitle or permit the applicant to commence the action until all requirements of this Local Law and Part 617 of Title 6 NYCRR have been fulfilled. - Section 11: Filing The Local Agency shall maintain files open for public inspection c., ,11_ f,:qt ices of Completion,draft and finalenvironmental impact statements and written determinations prepared or caused to be prepared by the L'3,. al Agency pursuant to this Law. _1_ Section 12: Definitions 1 6 8,4 For the purpose of this Law certain words and terms used herein are defined as follows: (a) ''Action" means projects or activities undertaken by any agency; or projects supported in whole or in part through contracts, grants, subsites, loans, or other forms of funding assistance from one or more agencies; or projects involving the issuance to a person of a lease, permit, license, certificate or other entitlement for use or permission to act by one or more,agencies; arid policy, regulations, and procedure -making. It covers any activity of an agency, except Type II and exempt actions as listed herein including, without limitation (1) physical activities such as construction or other activi- ties which change the use or appearance of any natural' resource or a structure; (2) funding activities such as.the proposing, approval or dis- approval of contracts, grants, subsidies, loans, tax abatements or exemptions or other forms of direct or indirect financial assistance; (3) licensing activities such as the proposing, approval or disapproval of a lease, permit, license, certificate or other entitlement for use or permission to act; (4) planning activities such as site selection for. other activities and the proposing, approval or disapproval of master or long range Plans, zoning or other land use maps, ordinances or regulations, development plans or other plans designed to provide a program for.future ac-.�.vities; and (5) p , ilcy making activties such as the making, modification -2- 1.686 or establishment of rules, regulations, procedures, policy and guidelines. : (b) "Agency" means any state or local agency. (c) "Agency, Local" means the governing body and/or any department, officer, agency, board, district commission of the Town of Wappinger, New York, which has authority to undertake or per- mit an "action" as defined herein. (d) "Agency, State" means any state department, agency, board, pub -- lie benefit corporation, public authority or coLunission. (e) "Applicant" means any person making an application or other request for agency action. (f) "Commissioner" means the Commissioner of Environmental Conser- vation. (g) "Department" means the Department of Enviroiental Conservation. (h) "Direct Actions" means actions directly undertaken by the Local Agency whether or not such actions. are supported in 'whole or iri part through contracts, grants, subsidies, loans or other forms of funding assistance from one or more state agencies; and actions supported in whole or in part through contracts, grants, subsidies, loans, or other forms of funding assistance from one or more local agencies. (i) "Entitlement Actions" means actions involving the public issu- ance to a person of a lease, permit, certificateor other en- titlement- for use or permission to act by the local agency. (j) "Environment" means the physical condi L ions which will be af- fected by a proposed action, including land, air, water. miner- -3- 1686. als, flora, fauna, noise, objects of historic or aesthetic significa .c:,,, existing patterns of population concentration, distribution, or growth, and existing community or neighbor- hood. character. ) "Environmental impact statement" means a detailed written state- ment setting forth the matters specified in Article V includ- ing any comments on a draft environmental statement which are received thereon as well as the local agency's response to such comments, to the extent that such comments raise issues not adequately resolved in the draft environmental statement. "Draft environmental impact statement" means a preliminary Environmental Impact statement prepared pursuant to Article Iv. (in) "Ministerial action" means an action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety o,~ the action, such as the grant of a driver's license, although such law may require, in some degree, a construction of its language or intent. "Municipality" means the Tom of Wappinger, County of Dutchess, New `Fork. "NYCRR" means the New York State Department of Conservation (1) Rules and Regulations. "Person" means any agency, individual, corporation, governmen- tal entity, partnership, association, trustee or .other legal entity. (cj) "Pesticides" means any chemical agent used to control undesir- able insects, plants or animals. �: (r) "Typical associated environmental effects" means changes in one or more natural resources which usually occur because of impacts on other such resources as a result of natural interrelationships or cycles. For example, the diminution of a predator population is typically associated with the increase in a prey population. ARTICLE II. LISTS OF ACTIONS Section 20: Actions, Type I Consistent with Part 617 of Title 6 NYCRR and the criteria therein the following are considered to be Type 1 actions or classes of actions for which environmental impact statements must be prepared because they will in almost every instance have a significant ef- fect on the environment: (a) Construction of new (or expansion by more than 50 percent of existing size, square footage or usage of existing): (1) Airports (2) Public institutions such as hospitals, schools and insti- tutions of higher learning and correction facilities, mai. office centers (3) Road or highway sections (including bridges) which reau rc_ an indirect source permit under 6 NYCRR Part 203 Parking facilities or other facilities with an associated parking area for 100 or more cars only if such facility would require an indirect source permit under 6 NYCRR Part 203 (4) 168F (5) Dams with a downstream hazard of "C" classification under Environmental Conservation Law (ECL) section 15-0503 (6) Stationary combustion installations (7) Chemical pulp mills (8) Cement plants (9) Iron and steel plants (10) Primary alumimum ore reduction plants (11) Incinerators operating at a refuse charging rate exceeding 30 tons of refuse per 24-hour day (12) Sulfuric acid plants (13) Petroleum refineries (14) Lime plants (15) Bi -product coke manufacturing plants (16) Storage facilities designed for or capable of storing 1 natural gas, liquid petroleum gas or other liquid fuels (17) Sulfur recovery plants (18) Fuel conversion plants (19) Process, exhaust, and/or ventilation systems emitting air•con- taminants assigned an environmental rating of "A" under 6 NYCRR 212 are based upon the toxicity level value (PLV) of such contaminants. (20) Process, exhaust and/or ventilation systems from which the tota"), emission rate of all air contaminants exceeds classifi- cation limits established by the Dept. of Environmental Conservation. (21) Any sanitary landfill or solid waste disposal system (22) Any facility, development or project which to be directly located in one of the following critical areas: (I) .tic1 w.2tianOs.as defined in Article 25 of the ECL (11.) fceshwater wetlands as defined by Local Law.#1, 1976 (iii) Flood plains as defined by Article 36 of the ECL (iv) wild, scenic and recreational rivers areas defined in Title 27 of Article 15 of the ECL (23) Any facility, development or project having an adverse - impact on any historic or prehistoric building, structure or site listed on the National Register of Historic Places the Statewide Inventory of Historical and Cultural Resour- ces or Landmarks of Dutchess Co 1683-1867 as prepared by the Dutchess County Planning Board (24) Aly development, project or permanent facility of a non- e4ricultural use in an agricultural district which re- quires a perMit except those listed as Type LI actions (25) Any facility, development or project which would gener- ate more than 600 vehicle trips per hour or more than 4,000 vehicle trips per any eight-hour period (26) Any facility, development or project which would use: (a) ground water in excess of 15,000 gallons in any day, based upon location, and depth of well; (b) surface water in excess of 15,000 gallons in any day, based upon source and location 1 6 8 F (27) Any industrial facility, which has a discharge flow, from other than incidental purposes . (28) .h-Jy publicly or privately owned sewage treatment works . which has an average daily design flow. of more than 20,000 gallons daily (29) A residential development that includes 50 or more units (b) Any fun/ling, licensing or planning activities in respect of any (30) Lakes or other bodies of water with a water surface in excess of 5 acres ( 3 1) Ally -mining or resource extraction; industry of the types of construction listed in (a), above (c) The application or use of pesticides for other than agricultural puxooes: (1) Rodenticides - use and/or storage in other than incidental (2) - and/or application to mco than 100 contiguous acres —7- . 168 (3) Herbicides - use and/or storage in other than ineic',ntal use. (d) Clearcutting of 50 or more contiguous acres of forest cover or vegetation other than crops. .(e) The proposed adoption of comprehensive land use plans, zoning ordinances, buildings codes, comprehensive solid waste plans, state and regional transportation plans, water resource basin plans, comprehensive water quality studies, area -wide waste water treatment plans, state environmental plans, local flood plain control plans, and the like (f) Co.nrnercial burial transportation or handling of radioactive materials requiring a permit (g) Any action which will result in excessive or unusual noise or vibration taking into consideration the volume, intensity, pitch, time duration and the apporpriate land uses for both the source and the recipient of such noise and vibration (h) Acquisition or sale by a public agency of more than 50 conti- guous acres of :land, based upon anticipated use - (i) Any other action included in Part 617 of 'Title 6 NYCRR Section 21: Actions, Type II Consistent with Part 617 of Title 6 NYCRR and the criteria therein, the following are considered Type II actions or classes of actions t•7hich have been determined not to have a significant effect on the environment and do not require environmental impact statements: (a) Construction or alteration of a single or two-family r€.sidence -8- and accessory appurtenant uses or structures not in conjunction with the construction or alteration of two or more such resi- dences and not in one of the critical areas described in this section for Type 1 actions (b) The extension of utility facilities to serve new or altered single or two-family residential structures or to render ser- vice in approved subdivisions (c) Construction or alteration of a store, office or restaurant' designed for an occupant load of 20 persons or less, if notin conjunction with the construction or alteration of two or more stores, offices or restaurants and if not in one of the critical areas described herein for Type I actions and the construction of utility facilities to serve such establishments (d) Actions involving individual setback and lot line variances and the like (e) Agricultural farm management practices including construction, maintenance and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming (f) Operation, repair, maintenance or minor alteration of existing structures, land uses and equipment (g) Repaving of existing highways not involving the addition of new travel lanes (h) Street openings for the purpose of repair or maintenance of existing utility facilities - 9- . 168L (1) Installation of traffic control devices on existing streets, roads and highways other than multi :le fixtures on long strat- the s (j) Mapping of existing roads, streets,highways, uses, ownership patterns and the like (k) Regulatory activities not involving construction or changed land use relating to one individual, business, institution or facilities such as inspections, testing, operating certifica- tion or licensing and the like (1) Sales of surplus government property other than land, radio- active material, pesticides, herbicides, or other hazardous materials (72) Collective bargaining activities (n) Operating, expense or executive budget planning, preparation and adoption not involving new programs or major reordering of priorities (o) Investments by or on behalf of agencies or pension or re : ire-- ment systems (p) Actions which are immediately necessary for the protection or preservation of life, health, property, or natural resources (q) Routine administration and management of agency functions not including neva programs or major reordering of priorities (r) Routine license and permit renewals where there is no signi- ficant change in preexisting conditions (s) Routine activities or educational institutions which do not include capital construction (t) Any riter action included in Part 617 of Title 6 NYCRR - 10- 168J Section 22: Exempt Actions Consistent with Part 617 of Title 6 NYCRR, the environmental quality review act shall not apply to: enforcement or criminal proceedings or the exercise of prosecutorial discretion in deterring whether or. not to institute such proceedings; official acts of a ministerial nature involving no exercise of discretion; and maintenance or repair involving no substantial changes in existing structure or facility; as well as: (a) Actions requiring a certificate of environmental compatibility and public need under Article VII and VIII of the Public Ser- vice Law and the consideration of, grant or denial of any such certificate (b) Actions undertaken or approved prior to the effective dates of this Law provided, however, that if after such dates the Local Agency modifies an action undertaken or approved prior to that date and determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this local law and Part 617 of Title 6 NYCRR. (An action shall be deemed to be undertaken or- approved prior to such date if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construc- tion or modification has been engaged in or if, in the case of an action involving federal participation, either a draft envie: =r.ta1 impact statement or a negative declaration has bez:: dul! prepared under the National Environmental Policy Act of 1911 -11- 168K (c) Actions which are immediately necessary on a litited emergency basis for the protection or preservation of life, health, prooerty, or natural resources; and Actions of any Court ( ) ARTICLE III. DETE7NINATI0N O.T.' SIC- IF: ICA dCE Section 30: Direct Actions The environjantal effects of actions proposed to be undertaken by the Local Agency itself whether or not such actions receive fund- ing assistance from other agencies shall be screened initially and handled as follows: (a) If the Local Agency determines that an action proposed by the Local Agency is not an exempt action, is not an action listed as Type II in Section 21 hereof or Section 617.12 of Title 6 NYCRR, and that it will not have a significant effect on the environment, the Local Agency shall prepare, file, and circu.-- late such determination as provided in Section 32; thereafter, the proposed action may be processed without further regard to this local law. (b) If the Local Agency determines that the proposed action may have a significant effect on the environment, as determined by guidelines adopted by the Local Agency, the Local Agency shall prepare, file and circulate such determination as provided in Section 32; thereafter, the proposed action shall be reviewed an processed in accordance with the provisions of this Local Law and Part 617 of Title 6 NYCRR. -12 168L- Section 31: Entitlement a Actions An initial determination of environmental effects for actions under- taken by others but requiring the issuance of a lease, permit, certificate or other entitlement by the Local Agency shall be processed as follows: (a) For the purpose of assisting in the determination of whether an action may or will not have a significant effect on the environment, applicants for permits or other approvals shall file a written statement with the Local Agency setting forth the name of the applicant, the location of the real property affected, if any, a description of the nature of the proposed action, and the effect it may have on the environment. () Applicants may include a detailed statement of the reasons why, in their view, a proposed action may or will not have a significant effect on the environment. Where the action involves an application for a permit or other approval, the statement shall be filed simultaneously with such application. (c) The statement provided herein shall be upon a form prescribed by resolution of the Local Agency and shall contain such. rele- vant information as shall be required in the prescribed form, as well as drawings, sketches, and maps, if any, together with any other explanatory material required by the Local Agency. (d) Upon receipt of a complete application and a statement,- the Local Agency shall cause a notice thereof to be posted on the signboa- if any, maintained by the Local Agency and shall also cause such notice to be published in the Local Agency's officialnews:)aper, if any, or in the newspaper having general -13- 168M circulation within the Local Agency's jurisdiction describing the nature: of the proaosed action and stating that written. viewsthereon of any person shall be received by the Local Agency no later than a date specified in such notice.. The cost of said advertisement shall be prepaid by the applicant. (e) The Local Agency shall render a written determination on such application within fifteen days following receipt of a com- plete application and statement, provided, however, that such period may be extended by mutual agreement of the applicant and the Local Agency. The deternin_ation shall state whether such proposed action may or will not have a significant effect on the environmeL - in accordance with the guidelines of the Local Agency. Th Local Agency may hold informal meetingswith the applicant and may meet with and consult any other person forthe purpo:-le of obtaining aid in making a determination on the application. (g) The time limitations provided in this local law shall be co-- ordinated with, to the extent practicable, other time limita- tions provided by statute or local law, ordinance, or regulation of the municipality. (h) Every application for determination under this local law shall be accompanied by a fee of $10.00 plus that sum necessary to including but not limited to postage fees, reproduction costs, advertising, cost of materials and any other costs associated with processing, to defray the expenses incurred in rendering such determination, said costs shall be estimated at the time of application, and upon completion said costs fiha11 be paid befc;re issuance of a license or other entitle- -14- 168 /✓ ment permit. Section 32: Filing of Initial Determination Statements of such determinations ::hall be filed with: (a) The Regional Office of the New York State Department of Conservation; (b) the Commissioner of the New York State Department of Environ- mental Conservation; (c) the Clerk of the Local Agency; (d) the Clerk of the Municipality; (e) the Chairman of the Municipality's Conservation Advisory Council;. (f) the Chairman of the Municipality's Planning Board; (g) the Clerk of the Dutchess County Legislature; (h) the Dutchess County Office of County Executive; (i) the Dutchess County Environmental Management Council; (j) the Dutchess County Department of Planning; (k) the Applicant, where the action involves issuance of a public permit or public approval; (1) other agencies concerned with the proposed action. ARTICLE IV DRAFT ENVIRONMENTAL IMPACT STATEMENT Section 40: Preparation of Draft (a) Following determination that an action proposed by the Local Agency may have a significant effect on the environment, the Local Agency, in accordance withthe provisions of Part 617 of Titi? 6 NYCRR, and Agency Guidelines.shall prepare or cause to be prepared a draft environmental impact statement (DEIS). (h) Following a determination that an action proposed by an Ap- -15- k. 1680 plican.t may have a significant affect on the environment, the Agency shall notify the applicant of the determination and request the applicant prepare a draft environmental impact statement. (1) If the applicant decides not to submit a draft environ- mental impact statement, the Local A ency*,,, shall prepare or cause to be prepared the draft environmental impact statement, or in its discretion, it shall notify the ap- plicant that the processing of the application will cease (2) and that no approval The Local Agency may to defray the mental impact will be issued. require an applicant to submit a fee expense to it of preparing a draft environ - statement and/or of revie:-ing the statemen prepared by the applicant, said fee to be in, addition to any other fee provided for herein. Section 41: Notice of Completion (a) Upon. completion of a draft environmental impact statement pre- pared by or at the request of the Local Agency, a Notice of Completion containing the following information shall be pre- pared: a brief description of the action covered by thye statement and the location of its potential irnoacts and effects; a statement indicatingwhere and how copies of the state- ment can be obtained from the Local Agency; and a statement that comments are requested and will be re - c< -ivied and considered by the agency at a given address -16- 168 for a period not less than thirty calendar days fro:2 the first filing and circulation of the notice of pletion or not less than ten calendar days following a public hearing at which the environmental impacts of the proposed action are considered. (b) The notice of completion shall be sent to all other agencies involved in the action, persons who have requested it, the editor of the State Bulletin, the State clearinghouse and the - relevant regional clearinghouse designated under Federal Office of Management'and Budget Circular A-95. (c) In addition, it shall be published in the Local Agency's of- ficial ne-;:spaper, if any, or if none, a newspaper having gene- ral circulation within the Local Agency's jurisdiction and copy thereof shall also be posted on a signboard maintained by the Local Agency. (d) ihe Local Agency shall maintain a file open to public inspec- tion of all notices of completion and draft environmental - ilapact statements that it has prepared or that it has requested an applicant to prepare. (e) For public information purposes, one copy eachof the draft environmental impact statement.and notice of completion shall be filed with: (1) - the Regional Office of the Ne York State Department of Conservation; (2) the Ca=issioner of the New York State Department of Environ7enta1 Conservation; (3) the Clerk of the Local Agency; (4) the ,Clerk:o'.'. the Municipality; t (-1airman of the Municipality's Conservation .Mvisory Co1.111; -17- 168 •Q (6) the Chairs:an of the 'Nuriicipality' s Planning Boar;'; (7) the Clerk of the Dutchess County Legislature; - (3) the Du_utchess County Office of C•Aunty Executive; (9) the Dutchess County Environmental '_lanagement Council_; (10) other Agencies concerned with the proposed action. Section 42. Public Hearing (7:.) Upon co-!pleti.on of a draft environmental impact statement, the Local Agency shall decide whether or not to conduct a public hearing concerning the action. This shall be based upon: (1) the degree of interest shown by other persons in the action; (2) the extent to which a public hearing can aid in agency decision-making processes by providing a forum for, or an efficient mechanism for the collection of, public comment. (b) If the Local Agency decides to hold a public hearing on a draft environmental impact statement:, notice thereof shall be filed, circulated, and sent in the sane manner as the notice of completion and shall be published in the Local Agency's official newspaper, if any, or if no -le, in a newspaper having general circulation within the Loc.al Agency's jurisdiction at least ten c.E:_: s Prior to such public hearing. (c) The notie cf hearing shall state the place where substantive written ce,TJ eats shall be received. (d) The hearing shall commence no less than fifteen calendar days nor more than sixty calendar days of the filing of the draft -18- 168R environnt l impact statement, except as otherwise provi<'ed where the Loca_! Agency deterrn.ines that additional: time is neces- sary for public or other agency review of the draft environ- mental impact statement, or where a different hearing date is required as appropriate under other app •? ica'o? e law_ Section 43: DEIS Determination of Significance (a) 0-i the basis of the draft environmental impact statement and and public hearing thereon, if any, the Local Agency shall determine whether or not the action will have a significant effect on the environment. (b) If it is determined the action will not have a significant E'Ffect on the env7_ro :,ent, the proposed action may be proces- sed without further regard to this local law. (c) If it is determined the action will have a significant yr -feet on the environment, the Local Agency shall nreryare, or cause to be prepared a final Environmental .Impact Statement. ARTICLE V. FINAL ENVIRONMENTAL =ACT STATEMENT Section 50: Preparation of State-,ent (a) Where required, the final environmental impact statement (FEIS) shall be prepanad within 45 days after the close of any hear- ing or vi thin_ 60 days after the filing of the draft environ- mental L7E:pact statement, : ni chever last occurs, provided, how- ever, t: Local Agency may extend this time as necessary to co:rplf,te the statement adequately or where problems identified .>p osec: action require material reconside--atio.•: or -I9- 168& (b) ,•:here the action involves an application, such final environ- mental flap ct statement may be accompanied by a fee as' sp-.:�cifi-- ed by the Local Agency to defray the expenses of the Local Agency in preparing and/or evaluating same. Section 51: Notice of Completion (a) \-) A Notice of Completion of a final environmental impact state- ment shall be prepared, filed and sent in the same manner as provides: in Section 41 herein and shall be sent to all persons to who-: t',e Notice of Completion of the draft environmental impact st :te .ent was sent. Copies of the final environraenual impact statement shall be filed and made available for rev_i_e-; in the sane manner as the draft environmental impact staters ~t. No decision to carry out or approve an action which hasbecaa the subject of a final environmental impact statement by the Local Agency or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Section 52: PSIS Determination (a) Where the Local Agency has been the lead agency for an action, it shall, within thirty days of the filing of the final environ - rental 1 -:-:pact statement, make a decision whether or not to ap- prove the ac_ion. (b) then a ?c::al A envy decides to carry out or approve an action which may have a significant effect on the environment, it shall rla::e the following findings in a written deternin. tir.n: ) that consistent with social, economic, and othct esscn- -20- 168T tial considerations of State and local policy, to the from T • -` maxi: - um extent practicable, among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse en- vironmental effects, includingthe effects disclosed in the relevant environmental impact statements; and (2) that all practicable means will be taken in carrying out or approving the action to minimize or avoid ad- verse environmental effects. (c) For public information purposes, a copy of the determination shall be filed and made available as provided for draft environmental impact statements in Section 41(e). ARTICLE VI. DELEOATIOi; OF RESPONSIBILITY Section 60: Direr: Actions The Town Board shall be responsible for assuring compliance with this Local Law in all direct actions undertaken by the municipality except as noted otherwise below: Responsible Agency Direct Action Highway Superintendent Road or high -gay sections Planning Boa -:-d . Adoption of comprehensive plans 0 Section 61: Entit1e7.ent Actions Thr; following shall be responsible for assuring compliance with this Luca1. Law with respect to actions requiring leases, permits, certi- ficates or other entit:lements as noted: -21- 1 6 8 (,( R.:snans},le A=:ency Entitlement- Action .Plann_ng "pard Subdivision Plat Approval Site Plan Approval Wetland Permits Zoning Board of Appeals Variances Special Use Permits Tori Board Mobile Home Park Licenses Zoning Amendments Section 62: Lead Agency (a) When a Type Y action involves more than one agency, all in- volved agencies shall, to the fullest extent possible, co- ordinate their environmental reviews through a lead agency to the end that the requirements of this Local Law are met 1 P. single draft environmental impact statement, a single f incl draft envire_:.iental impact statement, a single .final environ- mental impact statement and, if conducted and practicable, a. single hearinz process. The designation of the lead agency shall be made :-_:hin thirty calendar days following the filing of a complete application. If a question arises between (or among) two or more agencies as to which ag en.cy is the lead agency, the agencies shall re- solve the question themselves and designate a lead agency in writing on the lcasis of the following: (1) the agency to first act on the proposed action (2) a determination of which agency has the greatest respon- sib ? ty for supervising or approving the action as a whole . (3) a �.: 1ination of which agency has more general govern,- .. -_ powers as compared to single or limited powers or (b) -22- (4) (5) i6s✓ • purposes a determination of which agency has the greatest c na'Dil- ity for providing the most thorough env.-+ ronmental assess- ment of the action; and a determination of whether the anticipated impacts of the action being considered are primarily of statewide,. regional or local concern, e.g., if such impacts are primarily of local concern, the local agency should be the lead agency. (c) If such agarcies are unable to resolve the question within the prescrib`:1 thirty calendar day period, they shall submit the question in written form to the commissioner who shall, within five business days, on the basis of the criteria specific above, designate the lead agency. _ ARTICLE VII. EFFECTIVE DATES Section 70: Direct Actions With respect to actions directly undertaken by the Local Agency, whether or not such actions are supported in whole or in nart through contracts, grants, subsidies,. loans, or other forms of fund- ing assistance from one or more State Agency; and all other actions supported in whole or in part through contracts, grants, subsidies, loans, or otne; fors of funding assistance frc,=:i one or more State Agency, require. cnt of an environme- _ :1 impact statement shall take effect i .ediately. -2 Sectio 71: Entitlement Actions With respect to actions supported in whole or in part through contracts, grants, subsidies, loans or other forms of funding as- sistance from one or more Local Agency; and with respect to actions involving the issuance to a person of a lease, permit, certificate, or other entitlement for use or permission to act by one or more . Local Agency the requirement of an environmental impact statement pursuant shall take effect immediately. Section 72: If any section or part thereof shall be declared illegal or unconstitutional, it shall not affect any other section or part thereof and the same shall remain in full force and effect. -24- k to be filled by a person who is not a resident of the Town of Wappinger. Seconded by Mr. Jensen. Roll Call Vote: Councilman Clausen Nay Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Nay Supervisor Diehl Aye Motion Duly Adopted A public hearing having been duly held on the matter of a request by U.S. Cablevision Corp. for a CATV rate increase, the matter was placed before the Board for their consideration. Supervisor Diehl stated that further information had been re- ceived from Mr. Erichsen, but the Board wished to review it further before taking action. MR. JOHNSON moved to table action on the CATV rate increase request to the April llth Town Board meeting. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Clausen recommended a workshop meeting be set up with U.S. Cablevision Corp. in order to discuss the material received and to enable them to further discuss with the CATV principals in this matter personally. Mr. Diehl agreed to comply with Mr. C i usen's request. The following report was received: March 14, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Improvements to Various Sewage Treatment Facilities Dear Board Members: On March 9th, bids were accepted on the above mentioned contract. Results of the bids were as follows: Lafko Associates, Inc $42,950.00 Hall & Company, Inc 43,502.00 There were some irregularities in the bid bonds for the above contractors. Lafko Associates, Inc. bid bond arrived ten (10) minutes late and Hall & Company's bid bond was dated December 10, 1976. Otherwise the bids were in order. This office shall act upon your direction. Very truly yours, s/ Rudolph E. Lapar, P.E. The following letter was also received in connection with the bidding for these improvements. March 21, 1977 Town Board, Town Hall, Town of Wappinger Wappingers Falls, N.Y. Subject: Bids Received 3/9/77 For Various S.T.P. Facilities Gentlemen: I would like to make the following points in asking for your consideration to award portions or all of the project to Hall & Company. We were the low bidder on the Mid -Point and Wildwood Districts and we would accept and we do hereby ask for the award of these without the work on the other contracts. If awarded these, we would begin work on the filter repair in one week and complete in two weeks thereafter. We would complete the work on the clarifier at Mid -Point Park in five weeks. The work on Wildwood would be completed in ten weeks. If time is important to you on the remaining, we can complete the work on Fleetwood and Rockingham using theequipment noted in our proposal in twelve weeks. We can offer this because we are original equipment manufac- turers for this collection equipment and will assemble the machines in our shop. Thanking you for your consideration, I am as always, Very truly yours, Hall & Company, Inc. s/ Victor L. Alger, Mr. Diehl hesitated on the question of receiving a bid late. Mr. Rappleyea pointed out the bids were both received on time, it was the bid bond that arrived 10 minutes late, which he felt was no problem, but he believed they did have to make a determina- tion how it is to be funded first before awarding the bid, if they were contemplating awarding it. Mr. 'Diehl then agreed that the Board would have to make a decision on how to fund the project and then move it at a subsequent meeting. Mr. Versace commented that even .though, according to the overall bid, Lafko Associates was lower, broken down however in the four separate districts that the work has to be done in, he believed the bids should be awarded to the low bid in each district, as there would be a savings of dollars done that way. MR. JENSEN moved to table action on these bids to the next Board meeting. Seconded by Mr. Johnson. Motion Unanimously Carried Due to the resignation of Bruno Hermans as the Town of Wappinger Building Inspector, a vacancy will exist as of April 1, 1977, for this position. The matter was placed before the Board for their consideration. MR. CLAUSEN moved the name of Robert G. Ruit to be appointed Building Inspector for the Town of Wappinger as of April 1, 1977, as a provisional appointment, subject to any questions of Dutchess County Civil Service mandates, and that Mr. Ruit start as soon as possible for a training period with Mr. Hermans, if possible, and further, that Mr. Ruit receive the present salary of $12,860. Seconded by Mr. Johnson. Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Aye Supervisor Diehl Aye MR. VERSACE moved that, since Mr. Ruit presently provides the janitorial services for the Town offices and wouldn't be able to handle both jobs as cleaner and Building Inspector, the Town ' Clerk be asked to contact any of the previous bidders for the cleaning of the Town offices requesting they resubmit bids for those services. Motion failed for lack of a second Mr. Diehl commented that he believed that Mr. Ruit was a company bidding for the cleaning work of the Town offices and it would be no conflict in his estimation. Mr. Clausen believed the Board should wait to see if Mr. Ruit himself felt he couldn't handle his present commitment under the present contract before taking action. Mr. Jensen commented that when the Boardinterviewed candidates for the Building Inspector position, it was indicated by several of the prospective candidates that they would be willing to start - to faze in and faze out the new and old Building In- spector for a few days so that none of the jobs out in the field are left hanging. He therefore requested that Mr. Ruit be noti- fied of that so he can get together with Mr. Hermans to look at some of the jobs at present together, just to assure continuity. Mr. Johnson commented that, under unfinished business, there was something left over from last time namely, Martin Drive, and as therewere present a number of residents from Martin Drive, he requested the subject be considered at this point to let them know what has transpired at this point to let them know what has transpired in the two interviewing weeks. He then briefly summarized the problem, and the fact that the Board at that time had asked Mr. Lapar to come up with an estimate as to what the cost of some type of repair or taking care of this drainage problem, as it does affect the road and the safety of the people up on Martin Drive. Three alternates were received from Mr. Lapar to resolve the problem, 1. a ditch- ing of 1,300 ft. for $4,180.00, 2. ditching 1,300 ft. with rip rap Cal $107,000, 3. piping 1,300 ft of 15" pipe & 3 IB's ® 173. $25,000. Mr. Lapar noted that although alternate ##1 was least expensive, it would subject the land to much erosion, and probably be the most expensive in the long run. Mr. Johnson lended to agree with this. However, the other two alternates posed a problem to the Board in that they didn't have those sums available at this time to expend. Mr. Johnson read the following letter: Mr. Henry F. Paris 31 Martin Drive Wappingers Falls, NY March 22, 1977 Messers Nicholas Johnson Councilman Town of Wappinger Rudolph E. Lapar Town Engineer Town of Wappinger Town Hall - Mill Street Wappingers Falls, New York 12590 Gentlemen: I have decided to go on record, firstly as a respondsible concerewd resident of the Town of Wappinger and secondly as an insured client of the Atate Farm Insurance Company. I wish to bring to your attention a dangerous condition that exits on Martin Drive directly in front of my property at 31 Martin Drive and further downhill. It is being caused by a large volume of water flowing across and down the road, the source of which is my neighbors property on the adjacent uphill side of my property, 29 Martin Drive. To briefly describe the situation there is a water hole in the rear of my neighbor's property which is spring fed from the uphill slopes beyond the rear of his property. This spring becomes a swift, roaring, and cascading body of water which is directed into the water hole. Since the water hole is not adequately drained there is an overflow on almost the slightest rainfall. To alleviate this flooding condition my:neighbor has constructed a trench to divert the water flow. The trench runs laterally across the rear of his property to a point where it takes a turn parallel to and alongside my property line. The force and volume of water flow through this trench has caused it to badly erode, with an imminent danger to my property and home. A recent 2 inch rainfall resulted in a flow of water across my property narrowly missing flooding of my basement. It is apparent that with any sizeable rainfall at all, especially this spring, the existing trench will be unable to contain the volume of seiftly cascading water and with the overflow resulting in expensive damage to my basement and possibly a fatal fire since there are electrical outlets about 8 inches above the basement floor. As you can see this condition is of immediate concern to me, however, to continue further with my story the water from the trench empties onto the neighbors driveway and then onto and across Martin Drive flowing downhill. The flow of the water across the road during the late winter season has caused freez- ing and thawing thus creating a wide section of ice across Martin Drive on its downhill westerly slope. This ice across the road has already affected my family directly by causing over $1,000.00 damage to my automobile. On March 1st, of this year while my wife was very slowly and carefully making a turn into our driveway off the ice covered road the car began sliding and turning downhill very narrowly missing a little child walking uphill on her way to school. As this was occurring my wife became so excited in trying to avoid the child that she could not maintain control of the sliding car, which then pro- ceeded downhill across the front of several properties and steep slopes, and finally came to a stop against a tree. My wife because.of a divine guidance, was only badly shaken up narrowly escaping death or perhaps a permanently disabling injury. Property damage resulted in $1,076.00 to my 1976 Buick and additional damage to the front properties of two neighbors on the downhill side of the road. I wish to add that if a tragedy had occurred from this incident, which was caused by a legally questionable and badly misdirected flow of water (not surface water) onto a public road several parties may have been held subject and responsible to very serious and expensive litigation. Now as a concerrd resident of the Town of Wappinger I wish to enumerate a series of events which have taken place over approxi- mately the past year causing serious damage and sizeable expense to the town. Last summer, you may recall sometime in the month of July, 1976 this area experienced a rainfall bordering close to 7 inches. This rainfall caused considerable damage to a part of Martin Drive immediately downhill from the point where water empties onto it from my neighbor's (Mr. Tompkins, 29 Martin Drive) driveway. This portion of Martin Drive was so badly damaged and undermined that it had to be completely reconstructed. Only 9 months later and imnediately after a 2 inch rainfall on Thursday evening, February 24th, 1977 this recently reconstructed section of road became so seriously undermined that it was almost impas- sable and also very dangerous to life and property. To further, relate some of the hazards about 15 minutes after my wife's accident a town tanker truck slid on the very same ice slick and became immobile in a deeply depressed sewer catch basin. The truck had to be towed out. The New York Telephone; Company provides telephone services to anumber of residents via underground cable which is routed under the undermined section of road thus exposing these facilities to damage and expensive reapir. In the hopes that this letter does not fall on deaf ears, but reaches concerend and responsible elected or appointed public servants, I am making an appeal, even though this letter repre- sents a single family, to rectify this dangerous condition before someone is killed or maimed for life. Very truly yours, s/ Henry F. Paris Mr. Johnson noted that one item that was left out of that letter was that the condition that exists today was sort of aided and lA ■r abetted by Mr. Paris by removing of some drainage pipes that took the flow of water. That, however, doesn't absolve us of the situation that the particular hill that this water flow runs on was an extremely dangerous situation for all the people who live on that hill. It poses a dilema - $25,000 to do a repair job, which he doesn't believe is available. The only other alternative that he sees is to somehow start proceedings to have the people put back the pipe that they took out in the first place. He asked Mr. Rappleyea if this was possible, does the Town have any legal grounds for doing this. Mr. Rappleyea responded that he had been looking into it, he believes a study by Mr. Lapar is needed as to whether or not the old drainage map shows that actually was a stream that was changed. From what he has been able to ascertain it was a stream that was covered over and partially piped when those lots were developed. When those pipes were taken out, the water had no place to go, so, apparently the owner of 29 Martin Drive, because the water couldn't flow in that former direction, made this ditch, but he wasn't sure that the water wouldn't have come out anyway. The Town's involvement is probably a question as to whether or not the road has been damaged, and if so, for what reason, and it may well be that we would have to go back and prove the loca- tion of the old stream, the fact that it was replaced or in effect piped, and then if those pipes were removed, then some proceeding against the person who removed them. The Chair recognized several residents directly related to this problem and the water problem was discussed further all with various recommendations to solve the problem. Mr. Johnson com- mented that in view:of what had been said it would seem the most logical step would be to request that the Paris' come down and talk to the Board, and at that time could nicely request that they put the pipe back the way they found it, so that the Town wouldn't have to take any additional steps. MR. JOHNSON moved that the Attorney to the Town be directed to write a letter to the Paris' and invite them to meet with the Town Board and Attorney and Engineer to the Town to try to resolve this problem in the immediate future. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Versace while still on the drainage topic, asked Mr. Lapar, concerning the holdingpond on Salem Court, and the request for an immediate solution to relieve the retaining pond of reaching its full capacity, if anything had been done. Mr. Lapar confirmed that it not only was discussed but a meeting was held, which included Mr. Horton, Supervisor Diehl and the developer. The results were that the developer was ordered by the Supervisor and Highway Superintendent to immediately place an 18 inch overflow in the dam. Mr. Diehl remarked that Mr. Lapar had a report in on this and other related subjects in resolving flood areas and he believes at the next Town -Board meeting the Board should take some posi- tive action in regard to that flooding problem. The following letters were received and read: March 15, 1977 Dear Lou, Enclosed is a copy of a letter I received from Jim Howes. It is in response to the concern I expressed about the lack of any official answer to the article in the paper by Mr. Sharples. Since some realtors have been using this rumor to influence appraissals of property in Quiet Acres. I would appreciate your reading it at the next town board meeting. - Sincerely, s/ Gus Tullo 177 March 11, 1977 Mr. Gus Tullo 59 filen Drive Wappingers Falls, N.Y. Dear Gus, I wish to reply to your question at the Airport Advisory Com- mittee concerning published comments by a former County Official about the proposed new Terminal building at Dutchess County Airport. First of all, please let me assure you that the Master Plan does NOT in any way provide for any alteration whatsoever to Jackson Road and Daisy Lane. The proposed .location of the Terminal adjacent to the Control Tower does not change this, There is, in summary, no plan by the County of Dutchess to make any of the changes suggested in the newspaper article. It is true that the former Commissioner of Aviation, in a report to the. FAA in 1972, did urge that Jackson Road be closed and that traffic be diverted from Jackson to Daisy Lane as a tho- roughfare. Let me assure you that we consider this to be an appalling idea and are strongly opposed to such a scheme. I know of no County Official now advocating such an idea. That scheme, moreover was not accepted into the Master Plan. In summation, it can be seen that the location of the Terminal building adjacent to the Control Tower cannot possibly have any impact at all on Quiet Acres. If you would like to examine the Master Plan Airport Layout Map as updated through 1976 (it takes up one wall of my office) to verify this, please stop by at any time. Very truly yours, s/ James G. Howes, Comm. of Aviation The letter from Mr. Howes having originally been forwarded to both Mr. Schueler and Dr. Hannigan, no further action was taken. The following letter was received: 4 Edge Hill Drive Wapp. Fls, N.Y. March 16, 1977 Town Board: Joseph & Virginia Kunkel owners of 4 Edge Hill Dr. W.F. would like permission from the town board to tie into the sewer line that runs in front of their residence. We have a very serious problem with our septic system. First of all we are a family of 10 and sometimes 11. We are to the point now that our septic tank has to be pumped every 111 three months and frankly this is getting to be a waste of good money. I cannot use my washing machine more than once a day & for my size family that is just impossible. Baths or showers cannot be taken unless we wait for at least 1 hr in between for the water to run off, and with 9 children who need at least a quick shower every night this can be endless. If by chance someone flushes a toilet while the shower is running it will back up into the basement immediately. It is almost impossible to use the dishwasher unless I wait until midnight after all baths and showers have been taken. The ground around the house is completely saturated and when it rains every thing backs up. It is impossible to use any facil- ities. To put in a new septic system would be a waste of money as there isn't one big enought for a large family. We would appreciate your approval of this request as soon as possible as day by day the situation gets worse and it is not a very healthysituation either. Thank you, s/ Virginia M. Kunkel Mr. Jensen commented that it might be appropriate, as has been done in the past, to send a copy of the affidavit and all other pertinent information to them first. MR. DIEHL moved that the request of Joseph and Virginia Kunkel to become tenants to the Rockingham Farms Sewer District be granted, subject to all the Town of Wappinger conditions, charges, specifications and rules and regulations -pertaining to tenants to Town of Wappinger Sewer and Water Districts and Improvement Areas, and their signatures on the agreement. Seconded by Mr. Johnson. Motion Unanimously Carried Mr. Clausen asked that, in addition to the notification from the Town Clerk, Mr. Diehl call Mr. Kunkel and explain to him what is needed, so there is no mis-interpretion along the line. A letter was received from Jacqueline O'Malley thanking the Board for solving the water pipe problem on Dara Lane, and, as re- quested by the Board, forwarded other residents names who had experienced water pipe or other related problems. Mr. Jensen first asked that a letter of thanks be sent to Mrs. O'Malley for her very diligent work, and also he requested to find out, if it hasn't been established, whether or not it was the developer who should pay the expenses incurred by the Town, if not, is the Town responsible for the incurred expense. He felt it was definitely the developers' responsibility to pay for the corrections of the problem. Mr. Diehl updated the Board on this situation, indicating that he had referred the bills to Mr. Rappleyea with the request they be forwarded to Mr. Steinberg but there has been no response to date. Action would have to be taken if the response if negative. MR. JENSEN moved that Mrs. O'Malley receive a letter from the Town with thanks for the excellent job she did in reviewing all the problems in Dara Lane she did for the Board. Seconded by Mr. Johnson. Motion Unanimously Carried MR. JENSEN moved that a letter be sent to Mr. Steinberg that the Town Board is waiting for this response to Mr. Diehl's memorandum to him of last week regarding the bills incurred in the Dara Lane property. Seconded by Mr. Johnson. Motion Unanimously Carried A memo was received from Mr. Diehl forwarding to the Board a letter from the Dutchess County Department of Health regarding plans for carrying out water management projects which relate to existing and/or potential mosquito breeding areas. MR. JENSEN moved to receive and place on file the correspondence from the Dutchess County Department of Health on mosquito control, with a copy to Mr. Hawksley, Chairman of the Conservation Advis- ory Council. Seconded by Mr. Johnson. Motion Unanimously Carried 8 The following letter was received: 9 Edgehill Drive Wappingers Falls, N.Y. March 8, 1977 Town Board Town of Wappingers Falls, Mill Street Wappingers Falls, N.Y. Gentlemen: We are hereby resubmitting our request to you to either 1. Extend the Rockingham Farms Sewer District to include Edgehill Drive (from All Angels Hill'Road to Magura); or 2. Change our Sewer Maintenance charge to a single annual rate. We believe that we have been wrongfullysubjected to a double - annual rate, since there other "tenant" residents on this same street pay only a single annual rate. It is unfair to have this extra financial burden placed on us! Sincerely, s/ E.E. Wiggin Mr. Diehl noted this matter has been before the Board on two previous public meetings. The record does show that Mr. & Mrs. Wiggin did sign a statement acknowledging the fact of the various charges of the Town, although they contend that they were not advised of it the night of the meeting. The Board has worked with them one night in a workshop session when it became apparent that there might be litigation instituted, and the Board is familiar with these discussions. Mr. Diehl was personally not in favor of reducing doulle rates. He believes these are standards the Board has come up with, and he cannot see expand- ing the District because the plant cannot hold extra amounts of waste material. MR. DIEHL moved that Mr. Wiggin's request be denied, and the letter be placed on file. Seconded by Mr. Jensen Roil.Cal1 Vote: 4 Ayes Mr. Versace ---Nay Mr. Versace, before the vote was taken, qualified his vote inIicatimg- he would vote aye if the motion was pimply to place Mr. Wiggin's letter on file, but he doesn't believe asking for a vote on whether we're going to change Town Policy at this time, I don't believe we are, I think it's just a letter to the Board making a request, it's a normal type of correspondence that we constantly receive, and is read at Town Board meetings. Usually they're received and placed on file. He would vote aye to "received and placed on file" but dramatics of whether we're going to change policy or not or whether it's going to President Carter has nothing to do with the problem that faces us. We all met with Mr. & Mrs. Wiggin, it was an emotional type of thing. Many things were said, they feel they have a problem, and as Board members they should be heard, so to placing it on file, he agrees to,the rest of it he doesn't agree to. Mr. Jensen added that the last meeting the Board had,the same request was here and the Board at that time denied Mr. Wiggin's request to be put in to a separate district or single rates. Since. Mr. Wiggin has asked again he believes the Board formally should either go along with his request or deny it, and that's what he seconded. The following letter was received: March 21, 1977 Ms. Elaine Snowdon, Town Clerk Town Clerk, Town Hall Mill Street Wappingers Falls, New York Re: Valley View Farms Dear Ms. Snowdon: This office represents Nattin Realty, Inc. In or about April 1973, the sum of $3,290 was paid to the Town of Wappingers in connection with the subdivision map for Valley View Farms. The aforesaid amount covered 329 lots at $10 per lot. Subsequently, the planning board of Wappingers mandated that Nattin Realty relinquish such zoning if the Town Board enacted the PUD ordinance within 120 days. The Town Board enacted such ordinance on the 118th day. We are therefore requesting a refund of the filing fee, and would greatly appreciate if you would take whatever steps are necessary to effectuate such refund. In the event that there are certain procedures or appear- ances necessary from the undersigned, I shall be pleased to comply. Would you kindly keep me informed as to the status of this request. Thank you for your courtesy and cooperation. Very truly yours, s/ Allen Jay Bodner MR. JENSEN moved that the Town Clerk be requested to forward to Mr. Rappleyea all the correspondence received from the Planning Board in regard to this matter for this review and recommendation at the next Town Board meeting. Seconded by Mr. Johnson. Motion Unanimously Carried The following letter was received: March 15, 1977 Town Board Town of Wappinger Gentlemen: I have, as of today, been ordered by Mr. Diehl to physically inspect all setbacks on all building permits issued, rather than, as in the past and as in other townships with a similar break- down of duties, approve plot plans with indicated setbacks for the Building Inspector's information on his inspection of foot- ings. This will amount to a 25% duplication of work where structures include plumbing and as much as 50% on simple additions, pools, sheds, etc. on top of the rest of my work. In view of this, I respectfully request the same secre- tarial hlep that the Building Inspector has at his disposal; a pair of boots for this type of work and an instrument that can insure the inspection will be as accurate as possible. I would like to take this opportunity to state that physical inspection of setbacks was part of the job the cur- rent Building Inspector accepted when taking office. There have been repeated problems in that area. 1 8 0, It would appear to me, in my humble opinion, that enforce- ment of tasks already assigned would be a more practical, more expedient method of resolving the aforementioned problems, not to mention less expensive. The Town will now be paying double mileage and time for two people making trips at the same stage of construction. There is also to be considered the additional time lapse to the builder waiting for his inspections. I have stated before, and I will reiterate, that I am willing to take on responsibility, but I will require more help to accomplish what is being required of me. The difficult I can do, the impossible takes a little longer. ¥urs truly, s/ Sylvia J. Anderson Zoning Administrator Mr. Diehl commented that, as stated, he has instructed both people to evaluate and give back to him in writing set -back information pertaining to any building at present going on in the Town. He hopes that in the near future this can be resolved. It appears that problems are being created that are harmful to the Town and harmful to those wishing to build and become future taxpayers of the Town. Mr. Johnson viewed this particular prob- lem as more of a personality clash that may no longer exist after Thursday. He would recommend that the new Building Inspector and the Zoning Administrator get together with the Town Board to resolve the duties of each once and for all. Mr. Diehl agreed with Mr. Johnson as he felt it had to be brought to light and if nothing else, protect the name of the Town. Mr. Jensen commented that he would hope Mr. Diehl calls this meeting, as to him, it is imperative it be called immediately, to clear up the individual responsibilities of both jobs. It was established that the Board would meet with the CATV Corp. principals and Mr. Ruit and Mrs. Anderson on April 4, 1977. The following report was received: Bard March 24, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y Re: Oakwpod Knolls S.T.P. Contract #1A - Change Order #5 Primary Tank Repair Dear Board Members: As per the above referenced Change Order, attached please find a breakdown of costs necessary to repair the primary tank. Please be advised that the work is complete and acceptable. Very truly yours, s/Rudolph E. Lapar, P.E. MR. CLAUSEN moved that the bill of Hall & Co., for Oakwood Knolls S.T.P. Contract #1A Change Order #5 be paid. Seconded by Mr. Jensen. Motion Unanimously Carried Under Committee Reports Mr. Clausen saw no problem in the installation of a street light at the intersection of Brook Place and All Angels Hill Road that had been requested by Mrs. Seigfried. MR. CLAUSEN moved that a street light be installed at the intersection of All Angels Hill Road and Brook Place and that the Supervisor be authorized to sign the agreement with Central Hudson. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Diehl noted that a while back the Board had put a hold on a piece of property that had been put up for tax sale in the Imperial Plaza - 5 acres + - and the intent at that time was use for general town purposes. It appears from that time on many problems have arisen, such as no Town or Village road going into it, it's landlocked the road that does go into it 185 owned by the owner of the Imperial Plaza. That road itself is in very bad condition, plus the fact that it contains sewer and water lines under it which no one has jurisdiction over. It's his intent, and also the recommendation of Mr. Rappleyea, that the Town release this piece of property because of the compli- cated problems involved. MR. DIEHL moved that the Town Clerk notify Mr. Ifill of the Town Board decision to release their option of holding the property that was up for tax sale in the Imperial Plaza develop- ment. Seconded by Mr. Clausen. Motion Unanimously Carried A report was received from Mr. Ryan, Comptroller regarding the SPCA versus the Town of Wappinger Dog Warden/Shelter. Mr. Johnson believed the proper thing to do was to take it up in a workshop meeting where they can analyze the figures to see if there was a savings by making a change in the present pro- cedures and recommended the jeport be tabled to the next Town Board meeting to permit further discussion by the Board. MR. CLAUSEN moved to receive Mr. Ryan's report and place it on file. Seconded by Mr. Johnson. Motion Unanimously Carried Mr. Jensen reported that the Tri -Municipal Commission met last Thursday and they passed a resolution for the Chairman to sign 'the Grant Agreement, which would allow the future payment of the Grant that we had received from the EPA. Mr. Diehl had had a request from the Village of Wappingers Falls in connection with the Town of Wappinger Flags displayed at the Village of Wappingers Park *Rt. 9 & East Main St.) All of the flags were destroyed by the winter winds etc., and therefore the Village requests that the Town replace the Town Flags. Mr. Diehl quoted the cost of a single flag at $100 and a double flag is $160, from Reichardt Flag Store, and he personally felt the double flag was too heavy with the wind and rain conditions it was subjected to, destroying it quicker, therefore would recommend a single flag, as is used by the Village. MR. DIEHL moved that the Comptroller be authorized to expend up to $100.00 to replace the Town's Flag at the Village Park, with a single flag, and the money be obtained from the appro- priate account. Seconded by Mr. Clausen Motion Unanimously Carried Mr. Diehl additionally commentdd that the Town Flags at the "Bell Park" were also being replaced since they had suffered severe wind damage over the winter. Mr. Jensen, under Unfinished Business mentioned the receipt of two informal bids - Camo Pollution Control Inc. and New & Used Water Systems Inc. for the equipment that is at the Mid - Point Park Water System. He believes possibly the Board should act on this, as the Engineer had advertized for bids since the Town did want to sell it. He asked Mr. Lapar, if in his opinion these bids were too low. Mr. Lapar responded that it's the old story of finding the shoe that fits. Camo obviously has use for it and are willing to pay more for some things, others they would have no use for. MR. JENSEN moved that these two bids be referred to Mr. Lapar for his perusal and report back to the Town Board. Seconded by Mr. Johnson. Motion Unanimously Carried Mr. Versace asked Mr. Lapar if he would also check to see if any of this equipment could be used for the Town's other districts, and then the Town districts could purchase it for the prices quoted in the bids. 187 Mr. Diehl brought up the subject of the Salvage Yard on Route 9D, which he had spo?Oi to Jon Adams about. At present Mr. Shapiro is and has been operating without a license this year, was in violation the first of the year and still is, according to the Zoning Administrator and according to Mr. Adams, the Board must have a public hearing to deny the request to give him a license or close him down. In Mr. Diehl's opinion he's been in violation for six months and he's in violation today, and he believes this Board should take action to remedy that violation, and it appears there is only one way. Mr. Jensen asked Mr. Rappleyea if that wouldn't come under the Zoning Administrators duties to just call the individual into court for having an illegal operation, ra;thdr than go through all this, as it would seem to him that it's a direct violation of the Ordinance, he's working without a license and he feels it would be much more expedient just to haul him into court. Mr. Rappleyea answered that he himself is not familiar with the matter and he would have to raefer to Mr. Adams on that question. Mrs. Snowden, in answer to Mr. Rappleyea's question, indicated an application for a Salvage Yard License had been received, but had not been issued since the Zoning Administrator had written her that Mr. Shapiro was in violation. Mr. Jensen thereupon stated that was the point he was trying to bring out, the Board has had correspondence from the Zoning Administrator indicating that his license should not be renewed since he is in violation.. of the Zoning Ordinance, therefore, his question again, if he's in violation of the Zoning Ordinance, shouldn't he just be hauled into court and possibly either be fined so much per day until he removes the violation. There has been correspondence in the past week where people have been given cease and desist orders, they have various zoning violations on their properties and there is action being taken on those particular properties, and he just doesn't know why this one has been allowed to drag so long. Mr. Rappleyea stated he couldn't answer Mr. Jensen's question without all the facts. MR. JENSEN moved that all the facts to date concerning the Mid - Hudson Auto Wreckers' violations be referred to Mr. Rappleyea for recommendations to solve the problems. Seconded by Mr. Diehl. Motion Unanimously Carried Mr. Diehl brought up the matter on the drainage and culverts on Myers Corners Road and New Hackensack Road. He had communicated with the Board regarding this and Mr. Spratt's request for a detailed study as required by Mr. Spratt, so as to put this matter to bed once and for all. Mr. Jensen asked how many dollars were they talking about. Mr. Lapar, indicating first this type of study was not part of his contract, as it was apparent what Mr. Mpratt wanted were detailed plans, as for bidding. The Town has already done this with Wildwood, they went through the same thing there, and they actually built the facilities, and the County still hasn't put in the culvert. He feels the Board is getting the run around, the County is just procrastinating, they haven't the money and they haven't tried, and further, they haven't done what they said they were going to do eight years ago. Mr. Diehl expressed concern, since there are hazards, and the matter of Oakwood has been in abeyance for three years, so if a detailed study was what Mr. Spratt required, the Board should consider providing it. Mr. Lapar persisted that there was a study, there were aerial photos of that area, they have been given a profile of that area, and it appears the only thing they're asking for now is detailed plans as though you were going out to bid to- morrow. Mr. Versace added that he had attended a meeting with Mr. Spratt and Mr. Lapar last year, at which it seemed Mr. Spratt understood the Town's problem and would include money in the '77 189 budget for the work. It now appeared to him also that they want the Town to do another study that the Town has already done. He, too, felt it was a County cop-out on a local problem. To spend more money on this and then have them constantly delay solving our problem, instead of helping is kind of riduculous, either they are or aren't going to do it, and he couldn't see, at this point, going any further, let them make a determination up there to tell us yes or no. Mr. Diehl continued to press for it, he feels the work has to be done, he's committed to it, and it's a problem the Town will just have to keep fighting it, to get the job done, he just needs Board action. Mr. Jensen commented that possibly it's past the letter writing stage, it might be more appropriate if we ask for a meeting with the three Wappinger Legislators and have them tell us why they did not fund this drainage program in the '77 budget, which they said they were going to get into it, not say they were going to Mickey -Mouse some money from some other account if they haven't got a surplus in it. Maybe the Board doesn't feel a meeting with the legisla- tors would solve anything, but he thought they could send a letter and have a meeting. Mr. Lapar thought the County ought to be aware of the material that this Town has already gotten on this project. We'll bring up the aerial photos, the report and every- thing else, which Mr. Spratt has had available to him, which have been sent up to him plus some extra things that were thought would satisfy him. Mr. Johnson also felt the Town was getting the run- around, and possibly Mr. Spratt was being the instrument providing it. He, therefore, recommended that a letter be sent advising both the County Executive, Mr. Spratt and our County Legislators that we know we are getting the run-around on this issue, and tell them so in no uncertain workds, then ask for a meeting directly with the principals involved. Mr. Lapar commented there was a meeting about six or eight months ago with Mr. Spratt, Dr. Hannigan 199 and Mr. Armstrong, at which time it was believed everything was resolved. Mr. Clausen was in agreement in principal with all that had been said, but felt it wasn't a good practice to send a letter up and antagonize them, then go up and explain the case. He believed the best procedure would be to have Mr. Rappleyea and Mr. Lapar present the case for the Board, and the Board then should go up in concert, possibly with any residents wishing to go, to a public County Legislators meeting and state the Town's case there, it's much more difficult to come up with the appro- priate answeve.in a public meeting than it is shuffling letters around. MR. CLAUSEN moved that Mr. Rappleyea, Mr. Lapar and Mr. Diehl, along with any members of the Town Bodies and/or residents that. can, attend a scheduled County Board of Legislators public meeting to plead our case in relation to drainage matters of culverts under New Hackensack Road and Myers Corners Road. Seconded by Mr. Versace. Motion Unanimously Carried Mr. Johnson noted that he had received a letter from James D. Redmond seeking a full time position in a planning or community development agency. He directed that Mrs. Snowden send a letter back to him informing Mr. Redmond that the Town of Wappinger does not have such an agency. MR. JOHNSON moved that Mr. Redmond's letter be received and placed on file. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Versace noted that at the March 14th meeting, he had suggested that the Town Board members consider formulating a commission to review the Zoning Ordinance that has been in limbo for quite a few months now and hopefully that the Board would consider creat- ing this commission so that we can put all our minds to rest L 191 whether we should have new zoning in this town, or stay with the existing zoning. I guess we all agree that the existing zoning is an outmoded type of zoning and we only seem to be hung up on one area of the zoning map. He would like to hear some comments from the Board member, if they've thought about this. Mr. Johnson commented that since Mr. Versace and Mr. Jensen were the two councilmen who voted against the proposed zoning ordinance, he suggested they get together and tell the Board what their objec- tions are and maybe we can come to a conclusion. Mr. Versace responded the Board knew his objections, and although he and Mr. Jensen could discuss it, he believed they would run tinto a dead- end again. He feels that with a commission, such as this, he would be willing to, upon their recommendation, accept their findings, implement it and put it to rest. Mr. Diehl's opinion was that he wouldn't entertain or promote another Town wide zoning at this time, but certainly would entertain any area rezoning requests individually that might come before the Board, but not in favor of going into a complete Town wide rezoning again at this early date. Mr. Jensen commented that he wasn't prepared at this time either to go into a rezoning of the complete Town. MR. VERSACE moved that the Town Board create a committee to study the proposed zoning ordinance that was defeated, which shall con- sist of the Town Board members, Chairman of the Planning Board, three business men of the Town and three Town residents. Seconded by Mr. Clausen. Roll Call Vote: Councilman Clausen Aye Councilman Jensen Nay Councilman Johnson Abstain Councilman Versace Aye Supervisor Diehl Nay Motion Defeated 102 MR. DIEHL moved that the meeting be adjourned, seconded by Mr. Jensen and unanimously carried. The meeting adjourned at 10:14 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 3/28/77 4 4