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1976-09-27 RGMAGENDA TOWN BOARD TOWN OF W L n IrGE R SEPTEMBER 27, 1976 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. PETITIONS AND COMMUNICATIONS A. Mr. Russ Winters re: regrading of Kent Rd. B. Mr. & Mrs. Palmateer request reduction for Water Assessment C. Request for Bookkeepers to attend school from 14. Ryan D. James Cooper, DWS, re: Water hook-up service -w/Memo from A. Rappleyea E. Options for Benefit Assessment Sewer Imp. #1 from M. Ryan F. Lease for Copy Machine for Justice Court G. Approve payment for D. Alexander, Storm Sewer Contract #8 H. John Steinberg, Schoonmaker homes re: Dismantling Components I. R. E. Lapar Reports: 1. Approve payment to Wilson for Hydrant repair 2. Culvert under Herczeg property, Kent Rd. 3. CCW -Hilltop System, Well Redevelopment 4. Complaint of H. Kelsof 5. Complaint of H. Y. Huang 4. RESOLUTIONS 1. Proposed Zoning Ordinance Amendments 2. Conservation Advisory Council 3. Eleigible list for Zoning Adm. 4. Stotz bid for Justice Court 5. REPORTS OF COMMITTEES 1. 2 Reports from L. Jensen, Water & Sewer Committee 6. UNFINISHED BUSINESS a. Ardmore Hills Water Imp. b. Storm Sewer Project Contract #7 -final payment approval c. Revisions of Highway Specs d. S. Anderson re Dumpster e. C. Smith re; continuation of Centennial Celebrations f. Dog Ordinance g. Memo from T. Clerk on Hannigan Benefit assessment complaint 7. NEW BUSINESS 8. ADJOURNMENT 1 315 The first of the Regular Bimonthly meetings of the Town Board of the Town of Wappinger was held on September 27, 1976 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:10 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Jon H. Adams (representing Allan Rappleyea, Attorney to the Town) William Horton, Highway Superintendent The following letter was received: Supervisor Louis D. Diehl Town of Wappinger Mill Street Wappingers Falls, New York Dear Mr. Diehl: 65 Kent Road Wappingers Falls, N.Y. Sept. 13, 1976 Re: Town of Wappinger Sewer & Water Improvement A letter of complaint concerning regvding of Kent Road was sent to you on December 27, 1974. After receiving no response I called Bill Horton, described my problem, and was assured by him that the matter would be corrected the following spring. Almost two years have gone by and still no response. The problem, of course, is still there. Mr. Horton suggested whale in conversation with my wife, a week or so ago, that the solution to our problem would be for us to elevate our driveway. We are not responsible for the condition as it presently exists. The responsibility is that of the Town and the Contractor who did the work and we expect that the Town will take the necessary measures to correct the problem which it created. We feel in all fairness that we have waited long enough. Very truly yours, s/ Russ Winters Mr. Horton commented that what should be done was to all meet on the site. This turn has given a lot of problems since the early X16 '60's, and since part of it has been taken off, the on-site inspection would determine what they want done with it and what can be done by the Town. MR. CLAUSEN moved that William Horton, Highway Superintendent make arrangements to meet with Mr. Lapar and Mr. Winters, and notify the Highway Committee of the date that they may attend if they so desire. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received: 40 Montfort Road Wappingers Falls, N.Y. Sept. 14, 1976 Wappingers Town Planning Board Town Clerks Office Mill Street, Wappingers Falls, N.Y. Dear Sirs: We live on Montfort Road between Shale Drive and Pye Lane intersections. Originally, it was planned that water could be piped past our house. Instead, it ends at Shale Drive. We felt that we shouldn't be charged for a service which we don't have. Therefore, we contacted Mr. Lapar, Town Engineer and he felt that we should be eligible for a reduction in the Wappingers Water District Assessment. He recommended that we explain the situation to you. Your cooperation would be greatly appreciated in this matter. Thank you. Respectfully yours, s/ Paul & Joan Palmateer Mr. Diehl stated that he had spoken to Mr. Logan, the Assessor on this matter, and Mr. Logan advised Mr. Diehl that for the year 1977 the rate (for the Palmateers) will be reduced to 1/3. MR. DIEHL moved that the Town Clerk advise Mr. & Mrs. Palmateer that Mr. Logan, Assessor, has been contacted and has so advised the Board that the year 1977 they will be at a rate of 1/3. Seconded by Mr. Johnson. Motion Unanimously Carried 3 A request was received from the Comptroller seeking permission for the new Bookkeeper (Frank Cuccia) and Mrs. Laffin to attend a training school for double entry bookkeeping in Liverpool, New York on Oct. 6,7,8,14,15 & 27. MR. CLAUSEN moved that the Bookkeeper to the Supervisor and Mrs. Laffin be authorized to attend the training school and their legitimate expenses be a Town charge. Seconded by Mr. Versace. Motion Unanimously Carried A letter was received from James E. Cooper, Jr. of DWS Holdings, Inc. in reference to alternatives for a water hook-up to service Cranberry Hills Development. Their preference would appear to be a direct proportionate share of the outstanding debt, and in addition wouldsupply pressure relief valves to each of the existing homes in the Oakwood Knolls subdivision. If this received Board approval they will have their engineer work with the Town's Engineer to work out details. Mr. Diehl directed the Town Clerk to place Mr. Cooper's letter on file. Seconded by Mr. Johnson. Motion Unanimously Carried A memo was received from the Comptroller with respect to acquiring a copy machine for the Town Justices, (the old Apeco machine having gasped its last breath, and being unrepairable) in anticipation of moving Justice Court. The Judges had selected a machine from Copy Machine Supply, Poughkeepsie, and Mr. Ryan's recommendation was for a one year lease on the copy machine, along with a simple motion declaring the Apeco machine as scrap. MR. JENSEN moved to accept the recommendation of the Comptroller and authorize the Supervisor to sign the lease for a copy machine from Copy Machine Supply, for one year. Seconded by Mr. Clausen Motion Unanimously Carried 1$ f MR. JENSEN moved to declare the Apeco Copy Machine (which had been an outright purchase by the Town of Wappinger in about (1964) as scrap, and further, contact the vendor to ascertain if there is any monetary value for it as scrap. Seconded by Mr. Clausen. Motion Unanimously Carried The analysis sheet for the final payment for Storm Sewer Project Contract #8 (Wappingers Park) due Dave Alexander Inc., together with Mr. Alexander's voucher with Mr. Lapar's approval so noted on its face, was placed before the Board for their consideration. Mr. Clausen commented that he had spo$en with Mr. Lapar in regard to a question he had concerning Mr. Deppe. Mr. Deppe had indicated to Mr. Clausen that there had been no on -sight inspection as of today. Mr. Lapar had not been aware that this had not been taken care of. MR. CLAUSEN moved to table approval of Dave Alexander's final payment until a report has been received from Mr. Lapar's office that the on-site inspection has been made. Seconded by Mr. Johnson. Motion Unanimously Carried The following report was received; September 10, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Repair of Fire Hydrant at Old Hopewell Road and MacFarland Road, T/W Dear Board Members: Repairs to the above subject fire hydrant have been satisfactorily completed and we, therefore, recommend that the enclosed voucher from Wilson Excavators, Inc. in the amount of $596.00 be paid. Very truly yours, s/ Rudolph E. Lapar, P.E. 319 MR. CLAUSEN moved that Wilson Excavators Inc. be paid the amount of $596.00 for work completed on the repair of the fire hydrant on Old Hopewell and MacFarlane Roads. Seconded by Mr. Jensen. Motion Unanimously Carried The following report was received: September 14, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Dear Board Members: The Contractor for the Wappinger Sewer Improvement #1, Contract #3, K&A Excavating Contractors, Inc., has been repeatedly asked to reestablish a culvert that ran under the driveway of the Herczeg property on Kent :.Road, along with a few other minor ITEMS. As of this date they have not done so. We, therefore, recommend that the Town do the job and back charge the Contractor's retain- age. Their excessive tardiness is inexcusable and we see no other action that can be taken. Thank you. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. DIEHL moved that Mr.Horton evaluate the work suggested by Mr. Lapar and report back to the Town Board to advise them as to whether or not he can handle the job, and table the matter until next months agenda. Seconded by Mr. Clausen. Motion Unanimously Carried A report was received from Mr. Lapar, enclosing bids received for the redevelopment of wells at Hilltop Water Works. MR. JENSEN moved to table the matter to the next meeting. Seconded by Mr. Clausen. Motion Unanimously Carried 0 20 A memo was received from Mr. Lapar forwarding a letter from Robert Sherman of Lombardi & Son, Inc. regarding a recent com- plaint from Mr. Keosof about his driveway. Mr. Horton believed there wasn't much sense doing anything to Mr. Kelsof's driveway since it will be taken out with the instal- lation of the water line. The matter was held aside for a recom- mendation from the Engineer. A memo was received from Mr. Lapar forwarding a letter from Robert Sherman of Lombardi & Son, Inc. regarding a recent com- plaint of Mrs. H.Y. Huang about her driveway. MR. DIEHL moved to refer it back to Mr. Lapar for his on -sight inspection and report for the next regular meeting. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Clausen suggested that any further correspondence from Mr. Lombardi and/or any other contractors doing sewer and water work, that Mr. Lapar give his recommendations, along with that of the contractor, to the Town Board. The following letter was received: September 24, 1976 Town Board Town of Wappinger Wappingers Falls, N.Y. Gentlemen: There is pending in Town Court a charge of Violation of the Town Dog Ordinance. I attempted to preside at a trial of this matter on September 22, 1976, but was unable to do so because it was being prosecuted by the complaining witness who needed assist- ance and guidance. Please assign this matter to the Attorney for the Town who should serve as the prosecutor and relieve the trier of the facts of the burden of trying to instruct the prosecutor and to protect the rights of the defendant, and hear the case at the same time. 321 I shall notify all parties of the adjourned date, as soon as I know that the matter will be properly prosecuted by trained counsel. Respectfully, s/ William J. Bulger Town Justice MR. DIEHL moved that Judge Bulger's letter, dated Sept. 24, 1976, be referred to the Attorney to the Town for him to investigate. Seconded by Mr. Johnson. Motion Unanimously Carried The following memorandum was received: Memorandum To: Town Board of the Town of Wappinger From: Town of Wappinger Planning Board Date: September 24th, 1976 Subject: Proposed Zoning Ordinance and Map The Planning Board of the Town of Wappinger would like to take this opportunity to recommend that your Board treat the proposed Zoning Ordinance and Map separately. Further, the Planning Board would like to recommend adoption of the proposed Zoning Ordinance along with Section 421: Schedule of Regulations for Residential Districts and Section 422: Schedule of Non -Residential Districts at your next meeting. With reference to the proposed Zoning Map, the Planning Board would like to meet with your Board, in the near future, to discuss and work out solutions to problems regarding the map to insure that a viable plan is presented to the public. Thank you for your consideration. The following. Resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, the Town of Wappinger has prepared a Comprehensive Amendment to its Zoning Ordinance, as hereinafter indentified, and; WHEREAS, several Public Hearings have been held upon said Amendments, and the proposed Amendments have been amended from time to time, and; WHEREAS, the Town Board of the Town of Wappinger did duly call a Public Hearing for September 14th, 1976, at which time several persons were heard with respect to said Amendments to the Zoning Ordinance, and; WHEREAS, the Town of Wappinger did receive under date of September 1st, 1976 a recommendation from the Dutchess. County Department of Planning, and; WHEREAS, said communication contained recommendations con- cerning the proposed Amended Zoning Map, and; WHEREAS, said communication makes certain other recommendations; 322 e NOW, THEREFORE BE IT RESOLVED that the proposed Amendment to the Zoning Ordinance entitled "Proposed Zoning Ordinance, revised August 1976" prepared with the assistance of Frederick P. Clark Associates, is hereby adopted; and BE IT FURTHER RESOLVED that in Paragraphs 411.5 and 411.6 reference should read "Section 460" instead of Section 445; and BE IT FURTHER RESOLVED that Section 429 is to read as follows: Section 429. Special Use Permits. The Town Board, notwithstanding any language to the contrary found elsewhere in this Ordinance, or its accompanying Zoning Map and Schedules, shall retain and shall be the issuing bode for all Special Use Permits for'any principle recreational or similar use permits under the Ordinance, and all applications for such permits shall be made as provided in Sections 431 through 439, which shall govern procedural steps to be followed in obtaining said permits". AND, BE IT FURTHER RESOLVED that the portion of the Depart- ment of Planning negative recommendations with respect to said Zoning Amendments are rejected for the following reasons that the Town Board of the Town of Wappinger finds, as follows: 1. That the portion of Route 9 that are zoned Highway Business are appropriate to that use; 2. That the portions of Route 9 zoned Neighborhood Business are appropriate to that use; that the Permitted Uses in jCommercial Districts and Highway Business uses have been reviewed and found by the Town Board to be appropriate to the actual needs of the community; 3. That in Residential Districts recreational uses are necessary and should not be limited; 4. That places of amusement and recreation in Airport Industry and Planned Industry Zones is an appropriate use therein, with a Special Permit; 5. That the Planned Industry Zones off All Angels Road and Myers Corners Road are appropriate uses therein, and form the basis for the tax base in the Town; 6. That the Planned Unit Development District pro- visions are appropriate for the needs of the Town of Wappinger. Seconded by Mr. Clausen. Roll Call Vote: Councilman Clausen Aye Councilman Jensen Nay Councilman Johnson Aye Councilman Versace Nay Supervisor Diehl Aye Resolution Defeated 3 2 3 A Resolution for changing the Town of Wappinger Conservation Advisory Council into a Conservation Board having been prepared by the Attorney to the Town at the direction of the Board upon the request of Mr. E. Hawksley, Co -Chairman of the Council, was placed before the Board for their consideration. Mr. Johnson commented that, having read over some of Town Law, had no objections to the creation of a Conservation Board, but felt that as a Board they (the Town Board) hadn't discussed what it is they will be asking of that Board, what duties, and what the Conservation Board will be performing and exactly how it would be administered. He also felt it would be appropriate before the Board passes on such a resolution that they meet with Mr. Hawksley and see the exact direction which they plan to implement how they expect to function before the Town Board passes on it. A meeting was set up for 8:00 P.M. on September 29th to talk with the Advisory Countil. MR. JOHNSON moved to table the Resolution on the Conservation Advisory Council to the next Town Board meeting. Seconded by Mr. Jensen. Motion Unanimously Carried A memo was received from Supervisor Diehl regarding the Eligi- bility List from Civil Service for the position of Zoning Admin- istrator. Mr. Jensen stated that he had never seen the requirements for that position, and he's not sure who set up the standards for the position if it's a State mandated job delineating the work, exact work or did the Supervisor's office send a job classifica- tion. It was also his understanding that questions on the exam also related to Building. He would like to get a little better understanding of the appointment before it is made. He feels there should be a little more discussion on this . Mr. Diehl commented that he believed her job classification went in about a year ago. He said he could contact Dutchess County Civil Service and ask them to forward that information to use. It was z} greed to table the matter to the October 4, meeting. An informal bid was received from Bruce Stotz for construction of interior walls for the new Justice Court facilities on Old Route 9 in the amount of $2,006.00 which includes all material and labor. MR. JENSEN moved that Bruce Stotz be awarded the bid for the con- struction of the interior walls for the Justice Court quarters for the total of $2,006.00. Seconded by Mr. Clausen. The following memo was received: Motion Unanimously Carried September 22, 1976 To: Town Board Subject: Corrective Maintenance Work for Various Sewer Plants Ref: Itemized lists provided by Mr. Lapar dated July 7, 1976 Gentlemen: Per the request of the Town Board, Mr. Versace and I reviewed the referenced items above with Mr. Lapar on Sept. 16, 1976. It was agreed only certain items should go out for bid, as the other line items will certainly increase greatly in cost if detail specifications and conditions were placed on said line items. The items to go for formal bid are as follows: 1. Wildwood (L&A ) a. By pass chamber and line b. Collector drive units 2. Midpoint a. Sprocket, drive and drag chain b. revamp sand filters 3. Fleetwood a. By pass chamber and line b. Flow meter c. Collector and drive units 4. Rockingham a. By pass chamber and line b. Sprockets, drive and drag chain c. Portable water j► If this is agreeable with the Town Board, the Board should redirect the Engineer, Mr. Lapar, to prepare the necessary speci- fications and formally bid those items as listed above. The remainder of the items will then be handled on a time and material basis and all purchase parts, such as chlorinators, are to be made by the Comptrollers Office. It is also recommended that the Comptroller be directed by the Town Board to work closely with Camo Pollution in the solutioning of these time and material items. Respectfully submitted, s/ Leif W. Jensen, Water & Sewer Committee MR. JENSEN moved that the above recommended items go out for bid for the various Sewer Plants. Seconded by Mr. Versace. Motion Unanimously Carried There was some discussion between Mr. Incoronato, Mr. Jensen, Mr. Lapar and Mr. Steinhaus regarding the merits and/or disadvan- tages of the bidding process, and the reasons for not bidding small items which would be more costly to write specs for than the items cost. The following memo was received: September 22, 1976 To: Town Board Subject: Flushing Problem -Sewer Lines in Various Sewer Districts Gentlemen: At the last Town Board meeting, Sept. 13, 1976, the "Flushing" of problem sewer lines was discussed, and how to implement same. As you are aware, the Town of Wappinger does not own at the present time, any flushing equipment. In the past, the Town has used the Town of Poughkeepsie's men and equipment to do flushing when a serious problem arises. As the flushing of these sewer lines is imperative to avoid future problems, I am recommending "said" lines be flushed twice a year. (It is my understanding 5 days will be required to flush those lines). In order to implement a flushing schedule, I am suggesting the Town Board direct the Comptroller to contact a Mr. O'Brien from the Town of Poughkeepsie Sewer Dept., through Mrs. Buchholtz, Supervieor, for costs and dates when the flushing equipment may be used in Wappinger. Respectfully submitted, s/ Leif W. Jensen, Sewer Comm. 325 z MR. JENSEN moved that a meeting be set up with Mr. O'Brien, from the Town of Poughkeepsie Sewer Dept., to get quotations as to the cost of use of their flushing equipment. Seconded by Mr. Versace. Motion Unanimously Carried Mr. Jensen reporting on Tri -Municipal, informed the Board that he had, as the Board had recommended, contacted Congressman H. Fish, Jr. on the problems that have arisen regarding the grant approval. A meeting has been set up in Washington, D.C. for September 29th by Mr. Fish and several EPA people and several members of the Tri -Municipal Commission will be attending, as well as the consultants. Hopefully they will come back with some good news. He also requested permission from the Board to attend this meeting in Washington. MR. VERSACE moved that Mr. Jensen be authorized to attend the meeting in Washington on September 29, 1976 as the Town of Wappinger Representative of the Tri -Municipal Commission, and that his legi - timate expenses be a Town charge, and be permitted to receive advance funds for the trip. Seconded by Mr. Johnson. Motion Unanimously Carried Mr. Versace, reporting on the prospectus' of several Engineers who had submitted proposals for engineering for Wappinger Sewer Improvement #3 stated he had passed on to the Board four proposals, and now would like to set up a meeting with the Town Board to review these proposals and possibly select an engineering firm. It was agreed to meet on Oct. 7, 1976 at 7:00 P.M. at the Town Hall for a works session to review the engineering proposals. The following letter was received: 827 September 2, 1976 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Re: Ardmore Hills Water Improvement Area Gentlemen: The litigation involving this improvement area has been resolved. As you know, a Supreme Court action was commenced and the Town was successful in the initial stages. Thereafter, an appeal was taken which appeal has now been dismissed so that the Town may proceed. I have been in tough with the Bonding Counsel to see that all their proceedings are fulfilled. In the interval, the Town must now elect whether to proceed or not. Very truly yours, Corbally, Gartland & Rappleyea s/ Allan E. Rappleyea MR. JENSEN moved to award the bid to Dave Alexander Inc. for the Ardmore Hills Water Improvement and authorize the Supervisor, Attorney and Engineer to the Town, to sign the contract, contingent upon receiving approval from Bonding Council. Seconded by Mr. Versace. Motion Unanimously Carried Mr. Versace made reference to his request at last months Board meeting for operation and maintenance costs for the charge to the residents of Ardmore Hills. Tonight the Board received a report which indicated on the original proposal at that time that it would be 30 per 100 cubic feet. This was supposedly the same charge as Central Wappinger Water Improvement #1, he believes the rate is now 50 per 100 cubic feet. Is it the intention of the Board to charge the residents of the Ardmore Hills the same costs per 100 cubic feet as the residents of Central Wappinger Water Improvement #1. Mr. Jensen felt it should be the same. Mr. Versace questioned whether it was going to be the policy of the Board for any new tenants into the Water Improvement District pay the same charge as Water Improvement residents, and as this will be the first tenant in the district, he believes the policy should be established. Mr. Jensen reflected that these tenants would be somewhat different, as they will have a benefit assessment for capital costs, but also could envision other water systems where there are already existing pipes where their debt would be much less, thereby their water rate would want to be higher. He also recalled that when Ardmore was formed that their rate would be the same as Central Wappinger Water #1. MR. VERSACE moved that the operation and maintenace cost for the Ardmore Hills 4Water Improvement be the same as the residents of Central Wappinger Water Improvement #1. Seconded by Mr. Clausen. Motion Unanimously Carried A report,_ having been received from Rudolph Lapar regarding final approval for Storm Sewer Project Contract #7 and tabled to this meeting, the matter was again placed before the Board. Mr. Lapar indicated a memo on the inspection had been written and he would submit it after Mr. Horton and Mr. Alexander (who were also present at this on -sight inspection) had had a chance to go over it for possible errors, and/or corrections. MR. JOHNSON moved to table any action on final approval for Storm Sewer Contract #7 to the next regular Town Board meeting. Seconded by Mr. Jensen. Motion Unanimously Carried Due to the necessity for further review the matter of revisions to the Highway Specs was tabled to the October Regular Meeting. The following letter was received: September 9, 1976 Town Board Gentlemen: It has come to my attention through discussions with one of our local contractors, that Dutchess Sanitation has available large dumpsters measuring a capacity of 42 yards that can be placed at your discretion and emptied at a given time for a fee somewhere between $50.00 and $85.00 a load. It occurred to me that this might be done for us by placing one ot these dumpsters at Robinson Lane and another at the Highway Department, thus covering both sides of Town. We could make it known that these are for "hard" trash and private residents only. It would definitely be cheaper than independent little piles of trash around the town to be cleaned. If you gentlemen are agreeable, I would like to pursue this further with the idea of it becoming an actuality. s/ Sylvia Anderson Mr. Horton stated that the only way he would agree to a dumpster at the Highway Department, because they have too much at stake there, would be with strict supervision, only at certain hours and he would have to be there - the big problem was control - it would end up with kitchen garbage being dumped as well as "hard" trash. He also felt if a dumpster was placed at the Robinson Lane Recrea- tion Field, people would dump heavy things like refrigerators on the ground rather than lifting it in the container and the Highway crew would have to clean these up. Mr. Diehl said it didn't sound practical. Discussion continued on alternatives for some type of pickup this fall for "hard" trash. Mr. Diehl agreed to investi- gate costs of various possibilities for some way the Town can have thi0 a cleanup day. Mr. Versace suggested that Mr. Horton give the Board a figure on the cost of the Highway picking up and deliver- ing it to a dumpster on his site. The following letter was received: September 10, 1976 Dear Town of Wappinger Board Members, Since the Town's Centennial and Bicentennial celebration are soon ending, 1 am sending this letter to request that you consider having an annual event such as the parade and community day. I feel such an event would help keep a healthy attitude of the residents toward the town as well as allowing them to take part as a family in such an event. I would further suggest that we keep such an event in Septem- ber, since the village has a large event in July and the County has the fair in August. In the past two years this type of day has cost around $2,000 for the hiring of music for parade and other cost involved. I hope that you will consider having such an annual event and allowing for it in the budget. Thank you_for your consideration and time. If I can be of any assistance to help your decision please feel free to call me. Very truly yours, s/ Connie Smith, Bicentennial Chairman Mr. Jensen stated that Mrs. Smith's request should be considered as a budgetary item, and should be considered for next year. Mr. Jensen introduced a proposed local law "Relating to the Control, Confining and Leashing of Dogs" and seconded by Mr. Diehl, ,(the text of the proposed Local Law is attached hereto, and made part hereof of the minutes of this meeting). The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held on September 27, 1976, a proposed local law entitled "A Local Law Relating to the Control, Confining and Leashing of Dogs", and WHEREAS, the provisions of the Municipal Home Rule Law require that no local law shall be passed by the legislative body of the Town until a Public Hearing thereon has been held before such Body, NOW, THEREFORE, BE IT RESOLVED as follows: 1. That a Public Hearing shall be held on the said proposed local law by the Town Board of the Town of Wappinger on the 28th day of October 1976, at 8:00 P.M. on such day, at the Town Hall, Mill Street, Wappingers Falls, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by due posting thereof upon the bulletin board maintained by said Town 1 331 Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by Mr. Jensen. Roll Call Vote: 5 Ayes 0 Nays The following memo was received: Sept. 21, 1976 Memo To: Town Board From: Town Clerk Mr. Logan has given this office the following information on parcels owned by Dr. Hannigan: 1 parcel, consisting of 4 acres, kennel, purchased July 1951. 2nd parcel, consisting of 5.6 acres, landlocked, purchased Nov. 1964 3rd parcel, consisting of 1.3 acres, house, east of kennel, purchased Dec. 1966. Benefit Units on Sewer & Water are as follows: 4 acre parcel Sewer 140 Water 140 5.6 acre Sewer 51 Water 152 1.3 acre Sewer 100 Water 100 The landlocked parcel of 5.6 acres has already been reduced by 1/3. No information had been received from Mrs. Anderson, Zoning Administrator with respect to the question of conformance to the Zoning Ordinance. Mr. Jensen commented, although Mrs. Anderson's report wasn't before the Board, the matter was academic, as there are separate deeds. MR. JENSEN moved that a letter be directed to Dr. Hannigan stating that in order to be relieved of his particular problem, he would have to put all of his properties under one deed on one name. Seconded by Mr. Versace Motion Unanimously Carried Mr. Versace, referring to communications received today from the Planning Board concerning the soil mining permit of Klein and Alexander (Rt 9 & Old Hopewell Rd.), believed what the Planning Board was really looking for was some direction regarding the site plan approval on this same pm perty for the Taylor Rental Center. He recommended that Mr. Rappleyea's letter (addressed to Mr. Lapar) be forwarded to Mr. Steinhaus to help clear the situation up. MR. VERSACE moved that the communications received from both Mr. Lapar (dated Sept. 23) and Mr. Rappleyea (dated Sept. 21) be forwarded to the Planning Board. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Steinhaus, being recognized by the Chair, sought to establish the fact that action by the Planning Board on site plan approval was neither usurping Town Board authority nor overriding any of their powers concerning the soil mining permit. MR. CLAUSEN moved that the Town Clerk inquire from Messrs. Alexander, Klein and Hecht as to the status of the soil mining permit and direct a letter to the Planning Board of the status of such permit and copy the Town Board. Seconded by Mr. Johnson. Motion Unanimously Carried Mr. Versace, referring to a letter received from Pelligirni and Sedore, and read the following letter: Sept. 15, 1976 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y Members of the Board: We propose to conduct an examination of the financial state- ments of the funds of the Town of Wappinger for the year ended December 31, 1976. Our examination will be made in accordance with generally accepted auditing standards and will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances which will enable us upon the completion of our audit to render an opinion as to the fairness of the presentation of the financial statements of the Town of Wappinger. 333 in addition to the auditing of the financial statements we propose to review record keeping procedures, including but not limited to the internal controls for the handling of funds, bid procedures, receiving and distribution procedures. Further, we propose to be available to the Town of Wappinger on a year round basis to assist in whatever management consultation which may be needed. Our fee for auditing the Town of Wappinger is based upon the time and level of responsibility of the personnel who will be assigned to conduct the audit. We estimate a fee not to exceed $5,000.00, inclusive of all costs and expenses. Very truly yours, Pellegrini and Sedore s/ Peter G. Pellegrini His comment (Mr. Versace) was that he didn't remember authorizing these accountants to go any further than the audit for 1975. Mr. Diehl explained that this was a proposal for auditing the 1976 finances of the Town,,, which could be considered for a budget item. Mr. Clausen, while on the subject asked what was meant by the opening paragraph, to what extent are we committing the Town? Are we giving them the authority to look over our bidding? Mr. Jensen commented that was just from an audit point of view, it was probably explaining what the Town would get for their money if they reappointed them to do the audit. Mr. Lapar, reporting on a recommendation on an easement for Mr. Robert Grundon, stated that at the end of Top O'Hill Road, and referencing to the fellow with 7 lbs. pressure, his research of the easement showed that he had 25 ft. of road easement. Mr. Jon Adams here added that Mr. Grundon has agreed to permit the Town to lay up the property where it is necessary, and will accept $480.00 now, but he will reserve unto himself and permit the Town to reserve to itself the right to litigate that figure at some subsequent time. Mr. Adams further added that if the Town wants immediate access to one end or the other, and he believes the Engineers do, in order to complete the work necessary, the Town must make an offer. 5'34. MR. DIEHL moved to offer Robert Grundon the total of $480.00 for the right of entering the easement to make immediate necessary connections. Seconded by Mr. Clausen. Motion Unanimously Carried •Mr. Clausen asked if the Attorney to the Town had a status report on the Shapiro Salvage Yard violations. Mr. Adams indicated that, due to Mrs. Andersons' illness, he had no report, most probably next month. Mr. Clausen commented that a Town resident received a water bill today from the Post Office dated August 2, 1976, obviously a penalty has since been incurred. He asked Mr. Clausen what the status of this would be, as it is now a delinquent bill. Mr. Clausen told him he didn't believe the Board was able to give him any relief to the delinquent payment, according to councils advice, but the resident should follow through on his own, contact Mrs. Crosby, and at least complain to the Post Office. Mr. Adams confirmed that the Town Board has no ability to excuse his penalty. No other business to come before the Board, the chair entertained a motion to adjourn. MR. CLAUSEN moved the meeting be adjourned, seconded by Mr. Jensen and unanimously carried. The meeting adjourned at 9:55 P.M. Reg. 9/27/76 • Elaine H. Snowden Town Clerk