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1976-05-10 RGMAGENDA TOWN BOARD TOE 02 WAPPINGER MAY 10, 1976 1, SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES February 9, 1976 & March 8, 1976 4. REPORTS OF OFFICERS Supervisor Town JusticesBuilding Insp, Zoning Adm. Rec. of Taxef, Annual Report of Judge Francese 5. PETITIONS & COMMUNICATIONS Mrs. A. W. Seigried requests Street Light -Brook Place & All Angel's' a. b. 3 Peddlers License Applications - Lynch, Rubino, LeBosse c. W. Central School requests use of T/W voting Machines for 6/9/76 d. U.S. Cablevision re: Rate increase for Cable TV e. Patricia Havens, City PK. Clerk re: Common Council Resolution f. Public Hearings notification - Town of Poughkeepsie, & Village of Wappingers Falls. g. Requests to attend Seminars -M. Ryan, Municipal Funding, Siena College - A. Crosby, Tax Collections, Cornell University h. H. J. Maurer, Rec. Comm. re: Skating Rink, & use of recreation in Planned Industry or Commercial zones i. Zoning Board of Appeals re: Signs & access in NG & GB Districts for emergency vehicles j. E. Hawksley re: donation of office furniture k. W. Strohm re: Wappingers Association of. Residents, Inc, on Landfill in Town of Wappinger 1. James Spratt re: Mrs. Gutmann and Mr. and Mrs. Grierson m. Rudolph E. Lapar Reports: 1. Memo on analysis of T/owned water systems 2. Final payment C.W.W. Imp. Contract #2 3. Cleaning, Painting, repairs Tall Trees Water Storage Tank 4. Drainage Pipe - New Hackensack Rd. 5. Review of Mr. Wm. Ward's letter 6. Cost of Settin Monuments 7. Tall Trees - Second well for Section 4 8. Rockingham Farm Sect. of Cgg- Freezing of Tank 9. Water SErvice Damage 10. Change order #2 -Storm Sewer Project Contract #8 11. Water Leak - Lamb property, 104 Kent Rd. 12. Request for Town to purchase County Tax Maps for Flood Insurance certifications 13. Vorndran, Deer Run Drainage Problem -- 14. W.ds for Central Wapp. Water Imp. #1, Contract #8 15. Bids for Ardmore Hills Water Imp. Area 6. COMMITIZE REPORTS 7. RESOLUTIONS 1. Tri -Municipal - Purchase of Land 2. Tri -Municipal - Bonding 3. Proposed Zoning Ordinance 4. Vacancy on Recreation Commission - M. Schmalz term expired 5. Naro Subdivision Performance Bond offered & request of return cash deposit. 6. Request for Transfers - Comptroller 7. D.W.S. Performance bond and Maintenance Bond Agenda May 10, 1976 Continued - pg. 2 Resolutions - Continued li 8. Local 1-w - Fresh Waters Act. i 9. Approval of Kowalski and Deppe Easements 10. Zoning Change on Signs 11. Res. for Parcel of land for Recreation area in Ye Olde Apple ii i Orchard - Authorize Supervisor to Sign 55 1,1 55 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on May 10, 1976 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:09 P.M. 17 Present: f Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: William Horton, Superintendent of Highways Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town The Minutes of the Regular Monthly Meetings of February 9, 1976 and March 8, 1976, having been previously sent to the Town Board members, were now placed before them for their approval. MR. JENSEN moved the Minutes of the February 9, 1976 and March 8, 1976 Regular Monthly Meetings, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Clausen Motion Unanimously Carried Reports for the month of April were received from the Supervisor, Town Justices, Building Inspector, Zoning Administrator and Receiver of Taxes. A report from the Comptroller on the sale of Bonds, and the Annual Report from Town Justice Francese were also received. MR. CLAUSEN moved to accept all the reports and place them on file. r-- Seconded by Mr. Johnson. Motion Unanimously Carried At this time Supervisor Diehl officially presented to the Town Clerk, a framed copy of the Original Notice calling a mass meeting of all the electors of the Town of Wappinger to be held February 19, 1876, for the purpose of making nominations for Town Officers to be elected 14 at the first Annual Election for said Town. This Notice was given to Mr. Diehl by Mr. George Gill, Vice Presidnet of the Poughkeepsie Savings Bank (the original of which is still in Mr. Gills' possession. Mr. Diehl presented it to Mrs. Snowden as Town Clerk, who is respon- sible for receiving all records of the Town of Wappinger. Connie Smith, Chairperson for the Bicentennial, on behalf of the Bicentennial Committee and citizens of the Town of Wappinger presented to Mr. Diehl the Certificate of Official Recognition accorded to the Town of Wappinger for designation as a Bicentennial Community. Supervisor Diehl accepted the Certificate on behalf of the Town and in turn presented it to the Town Clerk. At this time, Supervisor Diehl indicated that Item 7, Resolutions, would be first considered on the Agenda, due to the fact that there might not be a full Board sitting throughout the meeting. (This was Mr. Diehl's first meeting after extended hospitalization). The first Resolution presented for consideration was for the purchase of property from the Childrens Aid Society off Sheafe Road for Tri -Municipal. Mr. Clausen, stated, as he had informed the members of the Board prior to the meeting, that he was not ready to vote on this Resolution this evening for several reasons. One being that, in talking to Councilman Versace, who has indicated in the papers that he was voting against the Resolution, it's his belief that the Board has to understand all facets of Tri -Municipal, and if one out of the two members on the Tri -Municipal Committee cannot agree amongst themselves as to the correctness of the project as it stands, it puts the rest of the Board in a position of confusion. One thing that bothers him is that residents that live outside of a sewer district would like to know the time table as to when they would be able to hook in and be served by Tri -Municipal, when and if it 16, 1 3 becomes a reality and they can't answer. Another concern is the rate structure may not be the proper rate structure that is one that is uniform throughout the Town. It may be that residents coming in after Tri -Municipal is passed, with their own lateral districts may be prohibitive, and if we're telling people to support a project, which we all think we need, and all think is the right way to go, the only question we have is cost. If we don't have some type of figures to give these residents to show them that they also have a part to play in this, that they can, by cost figures, obtain sewer, then I think we're neglecting that area of the Town. In talking with Mr. Versace he asked him if he was against Tri -Municipal or whether a meeting either with Mr. Prevost or the Town Board again to.get some type of a master plan going - possibly bid out the engineering work - where do we go after Tri -Municipal - would he be willing to support Tri -Municipal. His Answer was he was not against Tri -Municipal project , is willing to talk to anyone, when and if certain answers are forthcoming, he also would like to support Tri -Municipal. He can't see forcing the issue tonight, force Mr. Versace to vote against•it, because there are some questions he does not have answers for, and some answers Mr. Clausen, himself does not have the answers for, and make such a worthwhile project go down. If the vote is forced this evening he will abstain, and Mr. Versace will vote NO and four votes are necessary. He asked the Board, therefore, to table the Resolutions concerning Tri -Municipal and reconsider some more meetings and more information that might be obtained. Mr. Jensen commented that it's not just the Town of Wappinger that's involved in this project, it's a regional approach to the sewer problem in this area. All through this project, no one has doubted the facts that we have to get to the Hudson River. The cost to go anyplace else., the individual sewer plants we have now, to go it on their own would certainly be prohibitive, and he would dare say to delay Tri -Municipal for a year as has been suggested, the grant aid would no longer be available. 14� The two dangers are a wait and see attitude, and loose the aid package, the other is, what are the alternatives to the problems of our area. The new regulations that will be enforced for existing and future sewage treatment plants will put a gigantic burden on the residents, and to go to the river some day would certainly be prohibitive for them. He therefore urged all the Board to vote in Tri -Municipal tonight. Mr. Versace stated that he is not in disagreement with Tri -Municipal as a whole, not in disagreement that this is the way to go to get rid of the sewage, he has been in disagreement with the cost factors. He feels obligated to the residents to supply them with real cost factors of the project. Mr. Johnson commented on the pure waters act and the fact that the State and County had been lenient with the Town due to the fact that Tri -Municipal system would be the vehicle to rectify existing violations. The discussion continued, gravitating to the cost issues. Mr. Versace asked Mr. Rappleyea if the formula used in the Audit & Control report for benefit assessment could be changed by the Town Board, upon which Mr. Rappleyea answered yes. He then asked if the Board would be in agreement, if Tri -Municipal is passed, that the benefit assessment charge would be equalized amongst all the residents in the community irregardless of the distance involved. If this is going to benefit the whole community, for the future, then he is sure that the residents that do not have lateral districts at this time would be willing to pay an equal amount of benefit charge that the direct users would have. He believes it should be spread out throughout the community as equally as possible so that the burden doesn't fall on the immediate users. If this is to benefit the whole Town of Wappinger he thinks the whole community should pay an equal portion of the charge. He thought that this should be a commitment of the whole Town Board, this should clear the air on the cost factors involved. The discussion continued and culminated in a request by Supervisor Diehl to Mr. Jensen (Chairman of the Tri -Munici- pal Committee) to hold up the resolutions this evening in order to k.# 145 attempt to set up a meeting in Albany with the proper officials, within 10 days after which a Special Meeting could be called to consider these Resolutions. Mr. Jensen agreed to set up the requested meeting if there would be a guarantee that this meeting will come off when it is called and a full Board meets with the Albany officials within the next ten days, under these conditions also agreed to withhold offering Resolutions on Tri -Municipal tonight. Mr. Diehl, with reference to Item #3 under Resolutions indicated that part of the Board had met on the proposed Zoning Ordinance with Clark Associates, and the several proposed changes were submitted to them. Clark Associates have assured him the revised map and new changes in the Ordinance will be completed about the first of June. When these are received, a special meeting will be called to set a Public Hearing on them, and hopefully in a matter of days the new Zoning Ordinance can be adopted. Mr. Versace stated he had been prepared to vote on the proposed Ordinance tonight, as it was presented at the March Public Hearing. He stated he was not in full agreement with all of the subsequent changes, but would vote for a Public Hearing and the Proposed Zoning Ordinance only because then at least the Planning Board and Zoning Board will have something to go on. A vacancy has occurred on the Recreation Commission due tothe expiration of the term of office held by Mary Schmalz. tie The following Resolution was offered by COUNCILMAN CLAUSEN who moved its adoption: RESOLVED, that Mary ficamalz be and she hereby is appointed to fill the vacancy on the Recreation Commission of the Town of Wappinger which has occurred by reason of the expiration of the term of Mary Schmalz, and it is further RESOLVED, that the said Mary Schwalz is hereby appointed to the said Town Recreation Commission for a term which shall expire May 1, 1981. Seconded by: Councilman Versace 1-46 Roll Call Vote: Councilman Clausen Aye Councilman Jensen Nay Councilman Johnson Nay Councilman Versace Aye Supervisor Diehl Aye Resolution Adopted The following request was received: March 24, 1976 Clerk of the Town Board Town of Wappinger Dutchess County, New York RE: NARO SUBDIVISION Dear Sir: Enclosed herewith please find Road and Improvement Bond of the Republic Insurance Company for Rose Lane and Joan Lane in the Naro Subdivision, in the amount of $45,000.00. This Bond is given to replace the cash bond which has heretofore been posted by Stanley P. Ford and Richard L. Rapp. Kindly do whatever is necessary to have said Bond approved and the return of my clients Cash Bond, together with interest speedily processed. A photocopy of this Bond is being sent to Allan E. Rappleyea, Esq., for his approval. Very truly yours, s/ Peter P. Tavolacci Mr. Diehl indicated that Mr. Rappleyea and Mr. Lapar had found the performance Bond in order. MR. CLAUSEN moved to accept the Performance Bond offered by Richard L. Rapp and Stanley P. Ford in the amount of $45,000.00 for Naro Subdivision, and further return to said principals the sum of $45,000.00 held in escrow as a cash bond by the Town of Wappinger. Seconded by Mr. Jensen. Motion Unanimously Carried The following Memo was received: April 30, 1976 MEMO TO: Town Board Members FROM: Matthew W. Ryan, Comptroller RE: Transfers from Surplus to General Fund According to the laws that pertain to government borrowings, certain repayment schedules must be adhered to in repayment of the borrowings. When the Budget was made out, only Ten Thousand Dollars was allocated for principal reduction for our Drainage Bonds, This is only half enough. I am enclosing a sample resolution to be passed by the Town Board so that I can transfer the funds and make the appropriate payments on May 17, 1976. Mr. Versace indicated he had no objection to transferring the monies, he did, however, question where the surplus money is coming from. Mr. Diehl suggested then that the request be rejected and sent back to the Comptroller for more information. MR. VERSACE moved that the resolution be sent back to the Comptroller for more information. Motion Failed, Lack of a Second Mr. Versace agreed to move the resolution with the understanding that in the future the Comptroller supply more detailed information on the source of the surplus monies. The following Resolution was offered by COUNCILMAN VERSACE who moved its adoption: WHEREAS, during the present fiscal year, this Town has received town moneys from sources other than loans in the amount of $15,000.00, which are not otherwise committed or appropriated; now, therefore, be it RESOLVED, that $15,000.00 of said "surplus moneys" be and hereby is transferred to the Debt Service-Principal-BAN's, B9730.6 fund or appropriation account, and that the amount heretofore appropriated for such purpose be and hereby is increased to $25,000. Seconded by Mr. Clausen. Motion Unanimously Carried A report had been received from Mr. Lapar regarding the drainage problem in the vicinity of Mr. Gromyko's property in the area of Vorndran Drive and Deer Run. Mr. Gromyko stated he had spoken with Mr. Lapar a week or so ago and was informed that it would 14 cost in the neighborhood of $15,000 to fix the problem of water coming down Vorndran Drive. He hopes the problem can be resolved this evening or in the near future. The following report on this matter was read: April 30, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Vorndran Drive, Deer Run Drainage Problem - Gromyko Property Dear Board Members: In examining the above drainage problem, we have found that a 15" pipe may be constructed along Deer Run from its intersection with Vorndran Drive to the existing stream. The stream should also be cleaned from Deer Run south approximately 1,000 feet. The total construction costs for this project would be approxi- mately $15,720.00. If you require any further information, please call this office. Thank you. Very truly yours, s/ Joseph E. Paggi, Jr. Eng. Mr. Diehl stated that he had checked with the Comptroller today and that amount of money is available for this project, if the Board so desires to move the project. Mr. Jensen stated that he didn't know if they were ready to move it, as it hasn't been tho- roughly discussed by the Board in its entirety, and he believes the whole question of drainage in the area has to be discussed along with others that have been brought up. Some discussion followed on the technicalities of this proposed construction. Mr. Clausen would move the expenditure of the $15,720.00 item to correct the drainage that has been before the Board for a couple of years, with the understanding that before the bid is released that the Town Board be aware of exactly what this particular drainage problem consikts of as far as where the water goes, see the plans and maps before bids are advertised. L 149 MR. CLAUSEN moved to authorize the Engineer to the Town to solicit bids to correct the Vorndran Drive, Deer Run Drainage problem. Seconded by Mr. Versace. Motion Unanimously Carried Mr. Diehl, while on the subject of Drainage, asked the Town Clerk, with assistance and information from Mr. Lapar, clear up with Mr. Spratt whether money is available for the culverts on Myers Corners Road, below Oakwood Knolls and on New Hackensack Road in the area of Quiet Acres and Wildwood. The following Resolution was offered by COUNCILMAN CLAUSEN who moved its adoption: Resolved that effective June 1, 1976, all water and sewer hook-ups in the Town of Wappinger will be directed to the Engineering firm of Rudolph Lapar for his inspection and approval at a rate not to exceed $25.00 per hook-up, and be it further RESOLVED, that permits will continue to 1e issued through the Building Inspector's Office as in the past. Mr. Lapar's office will be responsible only for the inspection of the physical installation as related to Town Law and Policy. After final inspection and approval, Mr. Lapar will notify the Comptroller's Office. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays The following Resolution was offered by COUNCILMAN CLAUSEN who moved its adoption: RESOLVED, that the Town of Wappinger will establish a charge payable to the Town of Wappinger the amount of $25.00 for each permit issued for a water or sewer hook-up effective June 1, 1976. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays The following Resolution was offered by COUNCILMAN CLAUSEN who moved its adoption: RESOLVED that the issue of a hook-up permit, water or sewer, mandates immediate and complete customer charges as mandated by the district under the established rates, and be it further RESOLVED, that no partial hook-ups will be accepted. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays 5Q The matter of the request by DWS Holdings Corp. for the return of their Cash Performance Bond and offering of Performance Bond to replace it was placed before the Board. MR. JENSEN moved to table the matter for further study by the Attorney to the Town. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes Mr. Clausen --Abstained Mr. Diehl brought before the Board the matter of reinstituting the Board of Ethics which had been requested at last months meeting. He believed it would be proper now to poll the Board and ascertain if each member has a name to go on the Board of Ethics. Supervisor Diehl offered the name of William J. Bulger. Councilman Johnson offered the name of Rev. Robert Stover. Councilman Jensen offered the name of Edward Parsons. Councilman Clausen offered the name of Rev. William Waters and Councilman Versace offered the name of Michael Hirkala. SUPERVISOR DIEHL moved to reestablish the Board of Ethics and appoint the following persons as Board of Ethics members: William J. Bulger, Rev. Robert Stover, Edward Parsons, Rev. William Waters and Michael Hirkala. Seconded by Mr. Clausen. Motion Unanimously Carried The following report was received: May 4, 1976 Town Board Town Hall Mill Street Wappingers Falls, New York Gentlemen: As you undoubtedly are aware, the legislature adopted an amendment to the Environmental Conservation Law regarding fresh water wet lands. This law involves wet land areas, as the same may be designated on a wet lands map as to be formulated by the Department of Environmental Conservation. 15j It will generally apply to areas at least 121 acres in size, although there will probably be exceptions. It involves a very elaborate permit system with notification to adjoining owners before any work could be performed in such designated wet lands. The Town may elect to enforce these procedures, or it may defer such enforcement to the County. .If the County does not elect to adopt the permit system, then the State Department of Conservation will. If the Town is going to elect to adopt the wet lands act, it must do so before September 1st, 1976. The Town should seriously consider the impact upon its' manpower needs, and then make a decision as to what it would like to do. kiro If you have any further questions on this matter, please let me know. liw Very truly yours, Corbally, Gartland & Rappleyea s/ Allan E. Rappleyea Mr. Diehl commented that, with regard to the wetland act, the Town is going to check with the County and see whether the County is moving in the direction to take care of and react to this and are they better equipped to handle it than the Town. Therefore, no decision will be made on this matter tonight. The following Resolution was introduced by COUNCILMAN CLAUSEN who moved its adoption: WHEREAS, the Town of Wappinger would like to acquire a certain easement over lands of the Estate of Henry Vorndran for the purposed of the maintenance and repair of sanitary sewer lines and the future installation of potential water lines, NOW, THEREFORE, BE IT RESOLVED that the Supervisor is hereby authorized and directed to enter into the attached agreement for the purchase of said easements for the sum of $6,000.00. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following resolution was introduced by COUNCILMAN CLAUSEN who moved its adoption: The Supervisor is hereby authorized and directed to enter into the attached agreements with the Town of Wappinger and Henry and Bernice Kowalsky for the acquisition by the Town of Wappinger of sanitary drainage easements in consideration of the sum of $2,500.00. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays 52 The following Resolution was introduced by COUNCILMAN VERSACE who moved its adoption: The Supervisor is hereby authorized and directed to execute the enclosed contracts between the Town of Wappinger and Douglas and Marjorie Deppi for the acquisition of storm drainage easements in consideration of the sum of $1,700.00. Seconded by: Councilman Clausen Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York, pursuant to laws of the State of New York, that the Town of Wappinger Zoning Ordinance adopted January 29, 1963, as amended from timm, is hereby further amended as follows: Section 1: Subparagraph (b) is hereby added to the "permitted accessory uses" under the HB -1 District and the HB -2 District and shall in each case read as follows: (b) . Signs: Signs shall be permitted in the above district only in accordance with the standards and conditionsfor signs as provided under the LB (Local Business) District classification. No other signs shall be permitted. Said LB District Regulations are hereby incorporated herein by reference thereto. Section 2: This amendment shall take effect immediately upon adoption, posting and publication as provided by Town Law. Seconded by: Councilman Clausen Roll Call Vote: 5 Ayes 0 Nays SUPERVISOR DIEHL moved that a Public Hearingbe set on July 12, 1976 at 7:45 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, to hear all interested persons on the proposed Zoning Amendment to the Town of Wappinger Zoning Ordinance regarding signs, and further, that it be referred to the Town of Wappinger Planning Board and the Dutchess County Department of Planning for their review and recommendation. Seconded by Mr. Clausen. Roll Call Vote: 5 Ayes 0 Nays 153 RESOLUTION TO AUTHORIZE PURCHASE OF RECREATIONAL LANDS AT TAX SALE The following Resolution was offered by COUNCILMAN CLAUSEN who moved ita adoption: WHEREAS, the Director of Real Property Tax Service has advertised for tax sale those lands in a subdivision known as "Ye Olde Apple Orchard", and WHEREAS, it is in the public interest of the residents of the Town of Wappinger that said recreational area become devoted for the purposes of recreational use, and WHEREAS, fundshave been deposited with the Town by the developer in the event of his default upon payment of real property taxes on said parcel, said funds being sufficient to pay a significant if not the entire possible purchase price of said lands, NOW, BE IT RESOLVED that the Town Supervisor is and shall be authorized to negotiate for the purchase of said real property from the Director of Real Property Tax Service of Dutchess County at the lowest purchase price obtainable but in no event for any purchase price exceeding the appraised value of said land, namely $3,520.00 and BE IT FURTHER RESOLVED, that the Town Supervisor shall be impowered to purchase said property without further approval of the Town Board for any price less than the aforesaid $3,520.00. Seconded by: Mr. Jensen Roll Call Vote: 5 Ayes 0 Nays Supervisor Diehl indicated at this point the Board would return to the normal order of the Agenda, back to Petitions and Communica- tions. - An invitation was extended to the Town Board from Dr. Brownstein, of the Angelbrook Civic Association, to meet with this group on Tuesday, June 23rd for discussion of the Truett problem. A letter was received from Mrs. A. W. Seigfried, 3 Brook Place, requesting a street light be installed at the intersection of Brook Place and All Angels Hill Road. Mr. Diehl indicated that this was not possible at this time due to the fact that Brook Place has not yet been accepted as a Town Road. Mr. Jensen recommended a letter to this effect be sent to Mrs. Seigfried. Applications were received from John Lynch, Leo Rubina, and Michael LeBosse for Hawking and Peddling Licenses. The applica- tions had been referred to the Dutchess County Sheriffs Department, and returned indicating no criminal record on file. MR. JOHNSON moved to approve the applications and grant John Lynch, Leo Rubino and Michael LeBosse licenses for Hawking and Peddling in the Town of Wappinger. Seconded by Mr. Clausen. Motion Unanimously Carried A request was received from the Wappinger Central School District requesting permission to use seven of the Town of Wappinger voting machines, under the supervision of the Town of Wappinger voting machine custodians, on June 9, 1976. Seconded by Mr. Jensen. Motion Unanimously Carried A letter was received from Howard H. Ericksen, General Manager of US Cablevision, requesting an executive meeting with the Town Board to discuss their proposed increase of rates for cablevision service in the Town of Wappinger. Mr. Diehl requested that the Town Clerk check with the Town Clerks of Poughkeepsie, Fishkill, East Fishkill, LaGrange and the Village of Wappingers Falls Clerk, to get the rates that is presently being paid in other municipalities. He believes the Board should have an idea of what the charges are of either other companies, or US Cablevision in other areas. Communications were received from Patricia Havens, City Clerk of the City of Poughkeepsie, forwarding a resolution of the Common Council regarding their opposition to the proposed Fishkill-Macy Shopping center and access bridge construction. MR. DIEHL moved to receive and place on file the resolution for- warded from the City of Poughkeepsie Common Council. 154 Seconded by Mr. Clausen Motion Unanimously Carried (Mr. Diehl excused himself from the Board temporarily) Notifications of Public Hearings were received from James J. Lyons for the Village of Wappingers Falls, and the Town of Poughkeepsie, both in reference to proposed Zoning Ordinance Amendments. MR. JENSEN moved to receive and place on file both notices of Public Hearings. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays Requests were received from Matthew W. Ryan, Comptroller and Amelia Crosby, Receiver of Taxes to attend seminars. Mr. Ryan requests permission to attend "Municipal Financing - The New Reality" at Siena College May 20th and Mrs. Crosby requests per- mission for herself, and Norma O'Rourke her assistant to attend the Association of Towns meeting for Town Clerks and Receiver of Taxes at Cornell University June 7th and 8th. MR. JOHNSON moved to grant permission to Mr. Ryan, Mrs. Crosby and Mrs. O'Rourke to attend their respective seminars, and that their legitimate expenses by a Town charge. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays The following letter was received: April 9, 1976 Town Board Mill Street Wappingers Falls, N.Y. Gentlemen: The Town of Wappinger Recreation Commission feels that the Roller Skating rink proposed by Messrs. Michael Cornell and Ronald Drake would be very beneficial to the Town.. The Commission has sponsored a few roller skating trips to the Port Ewen rink and the attendance has been very good. The residents seem to enjoy this type of recreation. 155 The Commission valid also like to recommend that recreation be included as a -permitted accessory use in planned industry or commercialized zones. Sincerely yours, s/ Hugh J. Maurer, Chairman MR. CLAUSEN moved to receive and place on file the lttter from Hugh J. Maurer, Chairman of the Recreation Commission, and that a letter be addressed to the Recreation Commission indicating that Recreation zoned by Special Permit is being considered in all zones under the proposed Zoning Ordinance Amendments. Seconded by Mr. Versace. Roll Call Vote: 4 Ayes 0 Nays (Supervisor returns to his seat on the Board) The following memo was received from the Planning Board: Memo To: Town of Wappinger Town Board From: Town of Wappinger Zoning Board of Appeals Date: April 14th, 1976 Subject: Proposed Zoning Ordinance The Zoning Board of Appeals would like to take this opportunity to express their concern regarding certain areas of the proposed Zoning Ordinance. Their first concern pertains to Section 416.52 regarding free-standing signs. The Zoning Board of Appeals feels that there should be a maximum limit on square footage of signs rather than basing this figure on building size. The second area of concern is in regard to no specific sideline requirements in the NB and GB districts. The Zoning Board of Appeals would like to suggest that a minimum requirement of twenty feet be set to provide access for emergency vehicles such as fire fighting apparatus, ambulances, etc. The Zoning Board of Appeals would also like to have an opportunity to meet with your Board at some mutually convenient time prior to the final adoption of the Zoning Ordinance. Thank you for your cooperation. Mr. Johnson and Mr. Diehl agreed that the first concern of the Planning Board regarding signs has already been addressed to F.P. Clark Associates, the second, regarding minimum setbacks in NB and GB Districts had not. L L 156 Mr. Diehl indicating that, it was the feeling of the Board that the recommendation of side line requirements was good, directed that this recommendation be forwarded to F. P. Clark Associates for incorporation, and he would consult with Mrs. Anderson in the morning regarding it. The following letter was received: 20 April 1976 Wappinger Town Board Mill Street Wappingers Falls, N.Y. Gentlemen: I am pleased to inform you that the Conservation Advisory Council has received, by donation, the following office equipment. 1. desk and chair, (1) each 2. conference table, (1) 3. drawing board, (1) 4. legal size 5 drawer file, (1) 5. chalkboard, (1) These items will greatly facilitate the fun4tioning of this council and were gratefully accepted with the understanding that if at some future date they were no longer required that they would be given to a local organization dedicated to environmental protection. Sincerely, Edward S. Hawksley, Co -Chairman, Town of Wappinger Conservation Advisory Council Mr. Jensen commented that, although there was no space available for use at this time by the Conservation Advisory Council, Mr. Hawksley should be commended on securing this equipment, and Mr. Clausen added that a letter should be addressed to the donators in appreciation. A second letter was received from Mr. Hawksley indicating that the Conservation Advisory Cpuncil would like to discuss with the Town Board their views on the State Enviornment Quality Review Act and the Freshwater Wetlands Act. Supervisor Diehl directed this letter be received and placed on file. 51 The following letter was received, and directed to be placed on file: Pine Ridge Drive, RD6 Wappingers Falls, N.Y. 12590 April 19, 1976 Town Board Town of Wappinger Town Hall, Mill Street Wappingers Falls, N.Y. Gentlemen: At its March membership meeting, the Wappinger Association of Residents Inc. unanimously passed the following resolution which has subsequently been approved by all of the mtmber civic associations: "The Wappinger Association of Residents Inc. recommends to the Wappinger Town Board that no sanitary land fill operation be permitted in the Town of Wappinger". This recommendation does not refer in any way to bale -fill operation. The association, known previously as the Town of Wappinger Civic Association, was formed in June, 1975 and currently has a mem1--ership of twenty miw residents and three (large) civic associations in our town. Sincerely, s/ Warren Strohm, Secr. Wapp. Assoc. of Residents Inc. Answers were received from James Spratt, P.E., Commission of Public Works, County of Dutchess, the first in response to the complaint of Mr. and Mrs. Grierson, to which he indicated that the County will take steps to remedy their complaint. The second was in response to Mrs. Gutmann's request to the Town Board for no parking signs along New Hackensack Road. Mr. Spratt informed the Board that the County cannot establish parking limits, this rests com- pletely with the Town and Village in this case. Supervisor Diehl requested that the Highway Committee (Messrs. Clausen and Jensen) meet with the Village Highway Commission and, through a joint effort, initiate a no parking area requested by Mrs. Gutmann. Mr. Clausen recommended copies of these correspondences be sent to both the Village Board and James Lyons the Village Attorney and asking for a meeting at their convenience. The following report was received: April 7, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Analysis of Town -Owned Water Systems for Various Pressure Criteria Gentlemen: y 58 As per the request of the Town Board, my office has investigated the areas of pressure problems in the Town (i.e. those areas less than 20 psi, between 20 psi and 25 psi, and those 25 psi to 30 psi). The results of our investigations are as follows: 1. Oakwood Knolls Subdivision Water System: Pressure test on hydrant at the intersection of Robert Lane and Myers Corners Road yielded a pressure of 35 psi. Since this is the apparent high point in the system, no pressure problems are anticipated. 2. Fleetwood Subdivision Water System: Pressure tests on hydrants at Barbara Lane and Kretch Circle produced pressures of 35 psi each. Since these are the apparent high points in the system, no pressure problems are anticipated. 3. Orchard Homes Water System of the Central Wappinger Water System: This system was recently tied to the CWWI and we have experienced some problems due to the leaking of a valve in the original system when the original system was abandoned. We have since opened the leaking valve and allowed the storage pressure tank to ride on the system and act as the valve to the original system. It is our recommendation that pressure reducing valves be placed in all homes requiring them. 4. Mid -Point Park System of the Central Wappinger Water System: After being tied into the CWWI System and the original well and supply system abandoned, all pressure problems Yale been alleviated. 5. Tall Trees Water System: See attached map. 6. Rockingham Farms Sytem of the Central Wappinger Water Improvement: See attached map. 7. Dogwood Hill Road and Top O'Hill Road - Sections of the Central Wappinger Water System: See attached map. Pressure determinations were made by taking pressure tests at key hydrants and then relating these pressures by use of a contour map to find low pressure lots. Very truly yours, s/ Rudolph E. Lapar, P.E. 59 Mr. Jensen commented that Orchard Homes being the most likely for consideration, new homes were automatically put on pressure reducing valves, but in the old systems that were hooked in to this new system, no provisions were made to install these valves. It's the feeling of the Board that the Town should purchase these reducing valves for those old systems that Central Wappinger Water bought out , have them on hand, and the homeowners could install them themselves if they so desire. MR. DIEHL moved that the Town take on,the responsibility of purchasing the pressure reducing valves to have on hand for the residents of Orchard Homes for installation by those individuals so desiring, at their personal expense, and further that there shall be no permit fee for such installation. Seconded by Mr. Clausen. Motion Unanimously Carried The following report was received: April 8, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Final Payment, Central Wappinger Water Improvement Contract #2 Dear Board Members: Please be advised that the one (1) year maintenance period has been completed on the above project and, therefore, final payments should be made. If we can be of any further assistance please call our office. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. CLAUSEN moved to accept the report of Mr. Lapar, and approve the final payment for Dave Alexander for Central Wappinger Water Contract #2. Seconded by Jr. Jensen. Motion Unanimously Carried A report was received from Mr. Lapar regarding the cleaning, painting and repair of the Tall Trees Water storage tank and similar procedures for all other systems owned by the Town. Mr. Diehl reported that the Comptroller had advised him there was $1,000.00 available in the Tall Trees account for this work. MR. JENSEN moved to authorize Mr. Lapar to seek informal bids - for cost comparisons - to do this work. Seconded by Mr. Clausen. tiro Motion Unanimously Carried L A memo was received from Mr. Lapar regarding other considerations if drainage pipe, proposed for New Hackensack Road, is ever installed. The entrance road into the existing Wildwood Sewage treatment plant would be effected and some thought should be given to increasing the size and redesign of the drainage pipe entering this plant. Mr. Diehl directed the letter be received and placed on file. A letter was received from. J. E. Paggi Jr. from Mr. Lapar's office indicating their office had reviewed Mr. William Wards surface water problem (Dogwood Hill Road) in front of his house, and con- cluded that the cause was ground water flow, and not a leak in the water main. Mr. Diehl, from discussions with Mr. Horton and Mr. Lapar, had concluded that this problem had arisen only after the water mains had been installed. A spring was probably distrubed during excava- tion. The matter was turned over to Mr. Horton, as the ground flow may present problems in the winter with the road. MR. CLAUSEN moved that the Town Board send a letter to Mr. Ward, indicating that the Engineer to the Town and the Highway Superinten- dent will investigate thecostfigures as to what it would cost to alleviate his problem. Any further questions should be directed to them. Seconded by Mr. Versace Motion Unanimously Carried 61 The following report was received: April 14, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Cost of Setting Monuments for all Town Properties in various Water and Sewer Districts and Improvements Gentlemen: As per your request, the following costs for monuments and surveying necessary to set same are as follows: Cost per perimeter foot for surveying will be 30 per lineal foot and each concrete monument set, including all labor and material, is $60.00 each. These monuments will be approxi- mately 3'6" high, 6"6" at the base and 4" 4" on the top portion. These monuments would be set at all angle points and corners within the properties. We have estimated several properties that would be surveyed and the number of monuments and perimeter required. They are as follows: Hilltop Water Works Corp. land obtained by the Central Wappinger Water Improvement Perimeter Survey Monuments 2,280.73 x 304/ft 11 each @ $60/ea. Total Cost Schoonmaker Brothers, Inc. obtained by the Central Wappinger Water Improvement Perimeter Survey Monuments 952.05 x 304/ft. 4 each @ $60/ea. Total Cost Hilltop Water Tank Property Obtained by Central Wappinger Water Improvement Perimeter Survey Monuments 861.13 x 304/ft. 7 each @ $60 ea. Total Cost $ 684.22 660.00 $1,344.22 $ 285.62 240.00 $ 525.62 $ 258.34 420.00 $ 678.34 These are typical examples of the projected costs for setting these monuments. My firm would be happy to do same upon receipt of authorization. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Diehl commented that the Comptroller had advised him that there is money available in all the districts to do the work, if the Board so desires. L 162 MR. CLAUSEN moved that the monuments be installed at the prices quoted by Mr. Lapar, and authorize Mr. Lapar to do the work. Seconded by Mr. Versace. Motion Unanimously Carried (Supervisor Diehl excuseshimself from the Board for the remainder of the meeting). a status report on the second water well for Section 4 and entire subdivision of Tall Trees was received from Mr. Lapar. He indicated that approval is still pending in the New York Sate Health Depart- ment, and a suggestion for placement of the well has not been re- ceived. Mr. Lapar verbally updated this report indicating that approval has now been received from the New York State Health Depart- ment and work will progress on drilling the well. MR. JENSEN moved to write a letter to Mr. Richard G. Barger indica- ting that Mr. Lapar, Engineer to the Town, be informed as to when work would progress on drilling the wells at Tall Trees. Seconded by Mr. Versace. Roll Call Vote: 4 Ayes 0 Nays A report was received from Mr. Lapar regarding the occurrence of freezing in the water storage tank on Maxwell Place - Rockingham Farms section of Central Wappinger Water. He suggests that the present sensing device be removed and a Pressure Sensing Device 01110 installed in a below ground concrete chamber. This system works solely on the water pressure and has no sensors in the tank to be complicated by the icing conditions, and he can find no economi- cal alternative to eliminating the icing. MR. JOHNSON moved that Rudolph Lapar be directed to contact the company or manufacturer who installed the present sensing device, and request cost estimates for installing the Pressure Sensing Device, and if there would be a rebate on the existing device since the Town isn't satisfied with the present conditions of the system. L 16 Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes 0 Nays A report was received from Mr. Lapar's office that the curb valve and #ox at 25 Pippin Lane (Chang Yu Wu) was apparently damaged by some type of vehicle. The situation is not of an emergency nature, but it was recommended that it should be corrected immediately. Mr. Jensen commented that there are some other curb valves that have been either bent or twisted in the Town, and he imagines that one day when we do go to repair them, a list will have been compiled. MR. JENSEN moved that the report be received and placed on file, with a reminder that there will be a point in time when all of these damaged valves will be repaired and this is to be taken into consideration then. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays The following Change Order request was received: April 23, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Town of Wappinger - Storm Sewer Projects Contract *8 - Change Order #2 Dear Board Members: Enclosed is above subject Change Order requiring your approval and signature of the Supervisor. This order was the result of Final Easement Agreement between Kowalsky and the Town and was not included in the original contract. Thank you. Very truly yours, s/ Joseph E. Paggi, Jr. Eng. ADD THE FOLLOWING: Clean existing pond on Kowalsky property for the sum of $2,000.00 MR. JENSEN moved that the request by Mr. Lapar for adding to the Storm -Sewer Projects - Contract #8 to clean existing pond on Kowalsky property for the sum of $2,000 be approved. Seconded by Mr. Versace. Roll Call Vote: 4 Ayes 0 Nays A report was received from Mr. Lapar's office concerning a water leak in the house service at the Lamb property 104 Kent Road. The leak was in the vicinity of the curb valve. Mr. Johnson noted that this was similar to the previous problem. MR. JOHNSON moved that the report from Mr. Lapar's office be received and placed on file, and further, that a letter be addressed to Mr. Lamb that he be notified that the Board is taking the matter under consideration. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays The following memo was received: April 29, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Dear Board Members: In order for our office to make Flood Insurance determinations we must refer to the Dutchess County Tax Maps prior to checking the maps from HUD. Since the maps in our possession do not include the various new subdivisions in the Town, we are requesting that we be provided with the up-to-date maps so that we can handle requests more efficiently Thank you. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Lapar added that he does not understand why the Town of Wappinger has to give the County maps for nothing, and the Town of Wappinger should have to pay for any maps that they have to secure. MR. CLAUSEN moved that the letter from Mr. Lapar be received and 165 placed on file and a copy of this memo be sent to the Wappinger County Representatives, asking if they cannot obtain copies of maps for the Town of Wappinger, enclosing additional information that Mr. Lapar will provide. Seconded by Mr. Versace. Roll Call Vote: 4 Ayes 0 Nays April 30, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Central Wappinger Water Improvement Contract #8 Dear Board Members: On April 21, 1976 at 11:00 A.M. E.S.T., bids were received and read for the above project. The bids were as follows: Lombardi & Son, Inc. Dave Alexander, Inc. K&A Excavating Contr. Inc. $4,520.00 8,200.00 9,700.00 We have examined the bid of Lombardi & Son, Inc., the apparent low bidder, and have found them to be in order. We therefore recommend that the bid be awarded to Lombardi & Son, Inc. Thank you for your time and cooperation in this matter. Very truly yours, s/ Rudolph E. Lapr, P.E. MR. JENSEN moved to accept Mr. Lapar's recommendation and award the bid for Central Wappinger Water Improvement Contract #8 to Lombardi & Son, Inc. for $4,520.00 contingent on monies available for said project. Seconded by Mr. Johnson Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Abstain Supervisor Diehl Absent The following report was received: April 30, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Ardmore Hills Water Improvement Area Dear Board Members: On April 21, 1976 at 11:00 A.M.=E.S.T.,. bids were received and read for the above project. The bids were as follows: Dave Alexander, Inc. Lombardi & Son, Inc. R&A ammavating Contractors, Inc. Wilson Excavating, Inc. $233,116.00 235,128.25 237,011.50 248,900.00 We have examined the bid of Dave Alexander, Inc., the apparent low bidder, and have found them to be in order. We therefore recommend that the bid be awarded to Dave klexander, Inc. Thank you for your time and cooperation in this matter. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Rappleyea advised the Board that litigation has been carried to the Appellate Division, so the Town is prohibited from taking any kind of action until the appeal is settled. MR. JENSEN moved that bids be received and placed on file upon advice of Council. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays The following letter was received: Oise May 10, 1976 Town Board Mill Street Wappingers Falls, N.Y. Gentlemen: The Town of Wappinger Recreation Commission is receiving a tremendous amount of complaints about motorcycles tearing up the ball fields. Residents are very concerned with the dangerous situation created by the presence of the motorcycles in the parks. Any suggestions that you may have on how the Commission should cope with this problem would be appreciated. The Commission .. 1 1 6'� would like to recommend that the Town talk to the Sheriff and the State Police to see if we can have a better arrangement than we do now. Sincerely yours, s/ Hugh J. Maurer Chairman Mr. Rappleyea commented that the Ordinance was there, it would have to be more severely enforced. Mr. Jensen felt that possibly the ?Town Board would have to meet with the various enforcement agencies to ascertain if the Town could get some better policing power to .enforce the Ordinance. MR. JENSEN moved that the Town Clerk send a letter to the Enforce- ment Agencies, State Police and Sheriff, to make them aware of the problem of enforcement, and ask if they would he willing to either suggest ways in which we could help them or have a meeting with the Town Board t7 discuss the problem. Seconded by Mr. Clausen Roll Call Vote: 4 Ayes 0 Nays Letters were received from hoth the Planning Board and Recreation Commission requesting the Town Board to take action on increasing the fee per lot for money in lieu of land contributions. MR. JOHNSON moved that the Attorney be directed to draw up a Resolution for raising the fees in lieu of property to $300 per lot. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays A letter was received from Mr. & Mrs. Jonah Sherman; they requested to meet in executive session with the Town Board to discuss areas of the proposed Zoning Ordinance Amendments and the proposed roller skating rink on Myers Corners Road. MR. VERSACE moved to set aside May 20, 1976 at 7:30 P4M. at the Town Hall to meet in executive session with Mr. & Mrs. Sherman and area residents. Seconded by Mr. Clausen. 168 Under Committee Reports, Mr. Versace noted that Sylvia Anderson, Zoning Administrator had written the Town Board about garbage found along side the road and in Town Recreation Areas. She has taken it upon herself to contact M&G Sanitation to pick up this accumulated garbage since the Town has no way of getting rid of it. She requests that the Town bid out to local carters, so that when and if accumu- lated garbage is found they can come in and pick it up. A dumpster Ohre could be placed at the Highway Department so when garbage is found 160 it could be put in and carted away. This seemed only part of a larger problem - what to do with the solid type of debri - refrig- erators etc. and brush, grass, etc., The Board will have to look at what options they have and what they want to do with this type of materials. Mr. Rappleyea felt that it couldn't bid out any-jybs where the decision making process would be left to the contractor or some third party. There could be a budget appropriation and delegate that to some Town office. It was agreed to discuss the matter further on May 20th, and invite the County Representatives to be present to discuss the solid waste problem with the Board. Mr. Jensen reported that there would be a Tri -Municipal meeting Thursday and -they would be reviewing the status of the grant applica- tion. He also noted that there were several items Tirith regard to the Water & Sewer problems that weren't covered this evening and need attending to. He hoped that a meeting with the operators, Olh/ Mr. Lapar and the Boardcan be set up in the near future, within the week if possible. Mr. Johnson reported that he had attended a meeting with the Board of Governors when the bids were opened for the miscellaneous items left over at the landfill site. Most of the items were awarded the City and Town of Poughkeepsie. Some items left, hand tools, etc. would be reconsolidated into another list and disposed of somehow. The Town's share of the close-out of the landfill would come to somewhere just under $20,000.00 which will have to be disbursed by July. Mr. Johnson also reported that he had attended a meeting of the . Poughkeepsie, Dutchess County Transportation Coordinating Committee, a regional f.ype committee that is being formed that will coordinate for Dutchess County a large dollar volume of various types of transportation. There will be two committees set up. The Policies Committee, which will include the County Executive, the Mayors of the cities of Poughkeepsie and Beacon - the Town Supervisors of Poughkeepsie, Wappinger and Fishkill and the Region 8 Director of the New York State Department of Transportation. The second committee will be the Technical Committee that will be represented by each of the same Towns and Cities and meetings will be held once a month. Mr. Jensen commented on a draft of a proposal of a new Dog Ordinance which had been distributed at last months meeting for review. He would hdrpe the Board could take some action at next months meeting. MR. JENSEN moved to adjourn the meeting, seconded by Mr. Versace and carried. The meeting adjourned at 11:16 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 5/10/76