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1977-07-11 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JULY 11, 1977 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES Reg. April 11, 1977 & April 25, 1977 Special April 13, 1977 4. REPORTS OF OFFICERS ' Supervisor Rec. of Taxes Town Justices Building & Zoning 1 S. RESOLUTIONS a. Local Law Over 65uTax Exemptions b. Junk Yard Licensing Ordinance c. Introduce Local Law Amending Local Law #2 S.E.Q.R. d. Introduce Local Law Limiting Parking & Standing of Vehicles e. Turco Rezoning - Introduce Zoning Map Amendment f. Introduce Local Law dealing with Noise 6. PETITIONS & COMMUNICATIONS a. Woo Choong Yoon re: tie into ArkwaY Water system b. Affirm PollingPlaces c. •L. Diehl re: Resignation of Bookkeeper, F. Cuccia d. L. Diehl re: Rental of Assessors Office e. L. Diehl re: letter from Richard Foster re: Late charges S & W f. L. Diehl re: Painting outside Town Hall-lst Floor rents g. Pauline Egan re: erroneous billing on Sewer 0 & M h. Rob't Ruit re: increasing cost of Zoning Ordinances for sale i. Rob't Ruit re: report on Mid Hudson Auto Wreckers j. Geo. Grimshal re: erosion of property (Regency Drive k. E. Hawksley re: Hiring Lois English as P.T. Secretary to Cons. Com 1. E. Hawksley recommendation for appointment to fill one of the remaining vacancies on Cons. Adv. Council m. R.E. Iapar recommendation of 1 year retainage on C.W.W. Contract n. Planning Board recommendation on Turco Rezoning Request 0, Receipt of Petitions from residents for more Tennis Courts 7. COMMITTEE REPORTS 8. UNFINISHED BUSINESS •• a. S.E.Q.R. guidelines & Letter from A.E. Rappleyea b. Letters from Planning Board & L. Diehl re: Downstream Drainage fee schedule c. N.Y.D.O.T. re speed limit for Ketchamtown Rd. d. Bids for Improvements to Various Sewer Plants e. Bids for equipment from Mid Point Park Water System f. Bid for Truett drainage problem g. Wm. Horton report on Van Voorhis Terr. Pine Ridge Drive 9. NEW BUSINESS 10. ADJOURNMENT The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on July 11, 1977 at 8:00 P.M. Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:26 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine'Snowden, Town Clerk Absent: =_ Leif Jensen, Councilman Others Present: William Horton, Superintendent of Highways Rudolph La a r,'Engineer to the Town Vincent DeBiase (representing Allan Rappleyea, Attorney to the Town) The Minutes of the Regular Bimonthly Meetings of April 11, 1977 and April 25, 1977, and the Special Meeting of April 13, 1977, having been previously isent to the Town Board members, were now placed before them for their approval. MR. CLAUSEN moved the Minutes of the Regular Bimonthly meeti1tgs of April 11, 1977 and April 25, 1977, and the =Special Meeting of April 13, 1977, as submitted by the Town Clerk be and they are hereby approved.. Seconded by Mr. Johnson. Roll Call Vote: 4 Ayes 0 Nays Reports for the month of June were received from the Town Justices,,, Receiver of Taxes, Building Inspector and Zoning Administrator, the Supervisor's report for the month of May, and a report from the Comptroller that the accounts of the past Zoning Administrator) Mrs. Sylvia Anderson, had been audited by him for the period of 1/1/77 through 5/31/77 and was found to be in order, as of her termination date. 811 MR. CLAUSEN moved that all the Reports of Officers be accepted and placed on file. Seconded by Mr.Johnson Roll Call Vote: 4 Ayes 0 Nays Mr. Johnson acknowledged the addition to Mr.:Ruit's BAl.ding Inspector's report, that being a comparison chart of the number of building permits issued in each month for a three year period. His one comment was that it showed a definite decline in building in the Town. A memo was received from the Comptroller regarding a proposal for the copy machine in the Justice Court facility. July 11, 1977 Memo To: Town Board Members From: Matthew W. Ryan, Comptroller Re: Copier Proposal As you know, last year the Town Board authorized the installation of an A.B4;-Dick copier at the new Justice Court facility. The lease ran for one (1) year. The enclosed proposal shows a five year savings based on the following: Annual , saving3s of_ $17.52 _for .three. (» years or $52.56 2) A "purchase option" at the end of the three (3) year ,, where the town. will pay for only a service agreement. I respectfully request the Town Board to authorize the Supervisor to sign a contract with A.B. Dick - the net savings will be $1,914.36. s/ Matthew W.cRyan, Comptroller Mr. Clausen thought that although there was a $52 savings over a three year period, the Town would be locked into that particular machine, and it could be outdated in that three year period. There might be other contracts that could also produce the same savings, and he thinks he might have some other questions to ask on this. no., therefore, felt the Board needed more time to look into it. MR. CLAUSEN moved that the memo from Mr. Ryan re the copier proposal be received and placed on file. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays • A Public Hearing having been duly held on June 29, 1977, on a proposed Local Law amending Local Law #1 of 1967, the matter was placed before the Board for their consideration. MR. CLAUSEN moved to adopted Local Law #5 of 1977, a law amending Local Law #1 of 1967, providing for a partial tax exemption of real property owned by certain persons with limited income who are sixty-five (65) years of age or over, in its entirety. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays A Public Hearing having been duly held on June 29, 1977, on an Ordinance Licensing and Regulating the Activities and Businesses of Dealers in Second Hand Materials, Junk and Used Auto Parts, the matter was placed before the Board for their consideration. The following Ordinance was offered by COUNCILMAN JOHNSON, who moved its adoption: Section 1 - Legislative Intent By the adoption of this ordinance the Town Board of the Town of Wappinger declares its intent in so doing to be a regulate, control and license the activities of businesses known as auto "graveyards", junk yards, second-hand parts collection areas, the processing of used metals for resale and the dumping, storage, and disposal of waste, second-hand or used materials of whatever composition. Said Town Board hereby declares that such activities or businesses can constitute a hazard to property and persons and a public nuisance. Such materials may be highly inflammable and sometimes explosive. Gasoline tanks on old auto- mobiles often contain in some quantity combustible gasoline; the engine and other parts of such automobiles are frequently covered with grease and oil which is also inflammable. The tires, plastic and other elements of such autos can contain acids and other matter potentially harmful to humans. These autos frequently contain sharp metal or glass edges or points upon which a human could receive serious cuts and abrasions. These autos can constitute attractive nuisances to children and certain adults. The presence of such junk yards even in areas zoned for business or industry is unsightly and tends to detract from value of surrounding land and property unless such areas are properly maintained and operated. Section 2 - Definitions As used in this ordinance: (a) The term "person" shall mean an individual, an associa- tion, a partnership, or a corporation. (b) The term "auto" shall mean passenger auto, truck, tractor - truck, trailer, bus, motorcycle, or other vehicle, however propelled, as well as tractors, bulldozers, machinery and equipment. 364 Section 3 - License Required No person shall engage in or conduct on real property within the Town of Wappinger either for himself or for and on behalf of any other person directly or indirectly as agent, employee, or otherwise any activity or business either for profit or otherwise, at wholesale or retail, which involves the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage, or disposal, or otherwise of bodies, engines, or parts of autos, or of any other second hand or used proprty of whatever material it is composed or any waste material whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement, or otherwise without first obtaining a license therefor as hereinafter provided. 4100 Section 4 - Application For License Each applicant for a license here under shall execute, under oath, an application therefor to be supplied to him by the Town Clerk, which shall contain the following information: That the applicant is over twenty-one (21) years of age, that he is a citizen of the United States, and such other facts or evidence as is deemed necessary to establish that he is a person fit and capable of properly conducting the activity or business for which the license is sought; a description of the exact type of business he intends to conduct, the nature of the materials he intends to handle; the number ofertployees he intends to engage; and the name and address of the owner or owners of the land and the nature of the right of occupancy of the applicant to the use of such land. At the time of making the application the applicant shall submit to and file with the Town Clerk a map or plan of the real property upon which in intends to conduct the activity or business for which he is making application for a license hereunder with the area of such real property which it is proposed to use for such purpose, the location of the fence required hereunder indicated thereon as well as the location of any buildings on such land and the location of any streets or highways abutting or passing through such land and the location of any water, sewer or gas mains or laterals available thereto as well as the general drainage pattern of such land. In the application the applicant shall agree that if granted the license applied for he will conduct the activity or business pursuant to the regulations hereinafter set forth and that upon his failure to do so such license may be revoked after due notifi- cation and hearing set forth in Section 5 hereof. A person presently engaged in or conducting an activity or business such as described herein, on real property within the Town of Wappinger must apply for a license therefor within 30 days of the adoption of this ordinance. If the place where he conducts such activity or business presently complies with the requirements a person must meet to secure a license in the first instance, he shall be issued a license therefor if he meets the other requirements contained herein. If the place where he conducts such activity or business does not presently comply with the requirements a persom must meet to secure a license in the first instance he shall be granted a temporary license for one year, during which year, he must arrange the place where he conducts such activity or business so that it does then comply with the requirements a person mutt meet to secure a license in the first instance. If at the end of such year such person has not so arranged his place of such activity or business he shall forthwith cease and desist engaging in or conducting the same and shall remove from such place any aut'os , parts or other materials of the nature described herein. if the person conducting such activity or business is not the sole owner thereof he shall state such fact at the time he applies for his temporary license and the Town Clerk at the time of issuing such temporary license shall send the owners or each of them a notice of the issuance of such temporary license to such person together with a copy of this ordinance. No license shall be issued the time of such application is law or ordinance of the Town of Dutchess: Section 5 - The License or renewed to any person who, at in violation of any other local Wappinger or the County of The fee for the license is hereby fixed in the sum of $25.00 which sum covers not only the cost of issuing the license itself but also the cost of making the necessary inspections of the premises to ascertain compliance with the regulations herein- after prescribed. Such license shall be placed and at all times displayed in a conspicuous place at thelicense's place of activity or business for which it is issued. Such license shall be effective from the date of its issuance until the 31st day of December of the year of such issuance after which a new application for license must be made yearly if licensee desires to continue such activity or business. Such license is personal with licensee. It does not go with the title of the land nor may it be sold, assigned, transferred or disposed of. The granting of a license to a successor in interest or a transferee.. shall not be arbitrarily withheld. Such license may be revoked by the Town Board after a public hearing thereon at which time the licensee shall have an opportun- ity to be heard. Upon revocation of a license the Town Board may require the removal of autos, parts and materials left as above provided in the case of an applicant for a temporary license who fails to qualify for a license. In the event that an applicant for a license as provided herein shall have previously been duly issued a valid and effective Junk Dealer's license by the supervisor of this town, pursuant to the provisions of Article 6 of the New York State General Business Law, then such applicant shall be entitled to and allowed a credit against the above provided license fee in the amount of $5.00 such Junk Dealer's license fee actually paid by such appli- cant; otherwise, this ordinance shall be fully binding upon and applicable to the holder of any such Junk Dealer's License. Section 6 - Regulations Subdivision A - The Licensee shall conduct such activity or business in a manner to minimize the fire hazard and to prevent improper trespass thereon by children and others. Subdivision B - All materials dealt in by the licensee shall be kept within the premises and if such an area abuts a residential or commercial area or a public street or highway, the licensee shall erect a fence, or hedge or other barrier not in itself inherently dangerous adequate to prohibit the unauthorized entrance of children or others into the area of the activity or business. Subdivision C - The Licensee shall provide sufficient fire lanes throughout the praises maintained to adequately permit entrance of a fire,truck, and all materials must be kept at least 10 feet from the boundary lines of the premises where the same abuts a public street. Subdivision D - The auto parts and materials dealt in by the Licensee shall be dis-assembled or dismantled in a safe manner and shall be piled or arranged in neat rows so as to permit easy, clear passage throughout the area. All burning shall be in an area maintained especially for burning and pursuant to the safety -mea- sures of the trade. Any area designated or used for burning shall be at least 25 feet from any boundary line of the licensed premises and no burning shall be permitted or allowed on any Saturday, Sun- day, Monday or legal holiday. Subdivision E - There, shall be maintained at each such place of activity or business for which a license is issued at least one (1) fire extinguisher of approved design and capacity for each 40,000 square feet of area in active use. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available. Subdivision F - The Licensee shall keep the premises properly supervised and when not so supervised shall take adequate pre- cautions to prevent the entry of children or others into the area. Subdivision G - The area of the licensee's activity or business shall not be used as a grabage area or as a place for the'burning and disposal of garbage. Subdivision H - The town police, the Town Clerk, or the town board or any of its representatives shall be granted access to the area of activity or business of the licensee at allreasonable hours to inwect the same for compliance herewith. Section 7 - Violation ofOrdinance an Offense: Penalties Therefor. Subdivision A - The owner or licensee of any such place of business who commits or permits any acts in violation of any of the provisions of this ordinance shall be deemed to have com- mitted an offense against such ordinance, and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation, after a ten day notification duly served on the owner thereof. Subdivision B - For every violation of any provision of this ordinance the person violating the same shall be subject to a fine of not more than $25.00. Subdivision E - Any person violating this ordinance shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $25.00 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue. 67 Subdivision D - In addition to the above provided penalties and punishment, the Town Boardmay also maintain an action or pro- ceeding in the name of the Town in a court of competent juris- diction to compel compliance with or to restrain by injunction the violation of such ordinance. Section 8 - Repeal A11 ordinances or regulations heretofore adopted in conflict with this ordinance are hereby repealed. Section 9 - Saving Clause If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair, or inval- idate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversary in which such judgement shall have been rendered. Section 10 - Effective Date This ordinance shall take effect ten days after publication and posting or immediately upon personal service as provided by Section 133 of the Town Law. Seconded by Mr. Clausen. Roll Call Vote: Councilman Clausen Aye Councilman Jensen. Absent Councilman Johnson Aye Councilman Versace Aye Supervisor Diehl- Aye Ordinance Duly Adopted A proposed -Local Law:amending Local Law #2 -of 1977 was submitted by the _Attorney to the Town .-for the Board's consideration. Mr. Diehl directed this:matter be tabled as the Councilmen wish - to study it further. The following proposed Local Law was laid on the desks of the Board and was introduced by COUNCILMAN JOHNSON and seconded by Councilman Clausenf. - A LOCAL LAW TO LIMIT PARKING AND STANDING OF VEHICLES ON CERTAIN STREETS IN THE TOWN OF:WAPPINGER BE IT ENACTED by the Town Board of. the Town of Wappinger, as follows: X63 Section I: No vehicle shall park or stand and no person shall cause a vehicle to park or stand on the following street. of the Town: Beginning at the intersection of Old Route 9 and Old Hopewell Road (R.R.28) and proceeding northerly along the easterly side of Old Route 9.... for a distance of 160+ feet. Section II: Anyone who shall violate anyprovision of this local law shall upon conviction, be subject to a fine not to exceed Twenty -Five ($25.00) Dollars, as determined by the. Court. Section III: This local law shall take effect immediately following filing with the Secretary of State. The following resolution.was offered by .COUNCILMAN JOHNSON who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held on July 11, 1977, a proposed, Local Law, entitled "A Local Law to Limit Parking and Standing of Vehicles on Certain Streets in the Town of.Wappinger", 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. 8th day of August 1977, at 7:30 P.M. on such day, at the Town Hall, Mill Street, in the Village of 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 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. Clausen Roll Call Vote: 4 Ayes 0 Nays Resolution Duly Adopted Item 5e of the Agenda tabled to August meeting as the amendment to the Zoning was not before the Board for introduction (Turco). A proposed Local Law dealing with noise pollution control had been prepared by the Attorney to the Town. Mr. Johnson commented that although a local law had been prepared and received by the Board for consideration, three other sample ordinances had also been received, and the Board felt they should meet and discuss the merits -and pitfalls, to know where they are going before taking it to a public hearing, therefore, the matter was tabled to the August -meeting. The following request was received: June 27, 1977 Town Board Wapp. Falls, NY Re: Tie in to Central Water Line Dear Sir: I request permission to tie in Central Water Line to my house located in . Address Beveraly Lane, Wapp. Falls, NY 12590 Water Line Watch Hill Water District Mailing Add : Beverly Lane, Fishkill, NY 12524 I appreciate in advance your consideration and early response. . Sincerely yours, s/ Woo Choong Yoon, M.D. MR. DIEHL moved that the Town Clerk notify Dr. Woo Choong Yoon that he is in the Arkawy system and upon his application to Mr. Horton, Highway Superintendent and Rudolph Lapar, who inspects our hook-ups, the Town would have no objection to his tying in if approvals have been met by those gentlemen. Seconded by Mr. Johnson. Roll Call Vote: 4 Ayes 0 Nays MR. JOHNSON moved to affirm the following Town of Wappinger Polling Places: 1st Dist. 2nd Dist. 3rd Dist. 4th Dist. 5th Dist. 6th Dist. 7th Dist. 8th Dist. 869 Mesier Homestead, Mesier Park Wappinger Town Hall, Mill. Street Garner Engine Company, Adademy St. Wappinger Jr. High, Remsen Ave. Ketcham High School, Myers Corners Rd. New Hackensack Church Education Ctr.376 Ketcham High School Ketcham High School 0 9th Dist. lOth Dist. llth-Dist. 12th Dist. 13th Dist. 14th Dist. 15th Dist. 16th Dist. 17th -Dist. 18th Dist. 19th Dist. 20th Dist. 21st Dist. Seconded by Mr. Versace New Hackensack Fire House, Myers Corners Myers Corners School, Myers Corners Rd. Hughsonville Fire House, Hopewell Junct Rd. Hughsonville Fire House Wappinger Jr. High School Chelsea School House, Liberty St. Chelsea Chelsea School House Hughsonville Fire House Myers. Corners School Myers Corners School Mt. Hope Grange, Myers Corners Rd.., New Hackensack Fire House New Hackensack Education Center Roll Call Vote: 4 Ayes 0 Nays The following letter was received: June 23, 1977 Town Board Members Town of Wappinger Gentlemen: I have been advised by Frank Cuccia that as of this date he has accepted a new position and tenders his resignation effective:July 8, 1977 as -Bookkeeper to the Town of Wappinger. He expresses his appreciation for his past association to all Officials of the Town and co-workers for a valuable experience and enjoyable period while working for the Town of Wappinger. His decision was difficult,.yet his future and that of his family and security was a prime factor in accepting his new position. Very truly yours, s/ Louis Diehl, Supervisor MR. CLAUSEN moved that Mr. Diehl's letter regarding the termination of Mr. Frank Cuccia as his bookkeeper be received and placed on file, and a letter of thanks be sent to Mr. Cuccia for his diligent work in the office of the Supervisor. Seconded :by Mr. Versace:. Roll Call Vote: 4 Ayes 0 Nays The following advisory was received: 1 ni June 23, 1977 Town Board Members Town of Wappinger Gentlemen: Some time ago, I advised you of the resignation of Frank Cuccia, Bookkeeper to the "Supervisor. This office also advertised in all the local papers for the Bookkeeper's position in this office. With the authority of this office, after reviewing applica- tions and not being advised by any Town Board Members, I have on this date hired Miss Gail Evans, 70 S. Mesier Avenue, Wappingers Falls, New York. Her salary has been that which was set by the Board at $6,500.00 per year. She will begin her duties on July 25, 1977. I believe she is duly qualified and is also a resident of the Town and has a fine background. I am proud to make this appointment to my staff. Miss Evans will be working with and will be under the direction of Matthew Ryan, Comptroller, Town of Wappinger. Very truly yours, s/ Louis D. Diehl, Supervisor The following letter was received: June 22, 1977 Elaine H. Snowden Town Clerk Town of Wappinger Dear Elaine: As of this date and upon notification of your office, I have contacted Dr. Harvey Miller in regard to office space in his building on East Main Street, Wappingers Falls which is occupied by the Assessor's Department, Town of Wappinger. The result of this`conversation is as follows: (A) Continuing terms and time period being identical to present lease of two (2) years with a one (1) year option and a request of 10% increase over present rental. (B) A new time period for lease of three (3) years with a two (2) year option rental to remain the same as present $250.00 per month. (C) Place on agenda for Town Board action. Personally, I believe a two (2) year lease would be more practical with the possibility of a new town hall a reality by that time. Very truly yours, s/ Louis D. Diehl, Supervisor Mrs. Snowden indicated that nothing further had been received from either Dr. Miller or his attorney. Mr. Diehl directed the matter be held then.until the August meeting, and asked the Town Clerk to write a letter notifying Dr. Miller that no action was taken since there has been no official notification from him. A letter was received from Mr. Richard D. Foster, objecting to the penalties for late payment on the O&M rents. Mr. Diehl for- warded a request to the Attorney to the Town for a written opinion restating the legality and policy on this that could be used in answer to this and other objections to the penalties. Mr. Diehl reiterated that the Board would appreciate a response from the attorney. A memo directed to Messrs. Clausen and Jensen, Building Committee from Mr. Diehl was received: June 24, 1977 Councilman Louis Clausen Councilman. Leif Jensen Gentlemen: The front of the Town Hall, first floor (street level) is in need of a paint job and good scraping. I believe under these poor conditions and the need to dress up the appearance of the building, this project should be instituted. At present, money is available in the Beautification Account and perhaps Mr. Maurer could release part of his maintenance summer crew to this project payable from Beautification Account. Please evaluate so plans can be formulated if agreement is in order. Very truly yours, s/ Louis D. Diehl, Supervisor 040 1 Mr. Diehl elaborated that since then there have become available to the Town 20 teenagers from the County program, at the expense of the County. To do that work would cost the Town only the cost of materials, paint, etc. MR. CLAUSEN moved that the Supervisor negotiate with the Recreation Commission or whomever it is necessary to do so, and have the work completed. Seconded by Mr. Johnson Roll. Call Vote: 4 _Ayes 0 Nays The following letter was received: June 24, 1977 Town Board Town of Wappinger Town Hall, Mill Street Wappingers Falls, NY Gentlemen: Please be advised that Mr. William Carmen, 1 Brothers Rd. Wappingers Falls, N.Y. is not hooked up in the Sewer Improvement #1 District. He was inadvertently listed as hooked up when I received a C/O and put his name on both the water and sewer district list. He is only in the water district. He has only paidone bill of $20.00 for the quarter of 10/1-12/31/76 which I am asking permission to have refunded. Thank you. Very truly yours, s/ Pauline S. Egan Water/Sewer Billing Clerk MR. VERSACE moved that authorization be granted to refund the erroneous payment of $20..00, received from Mr, Carmen. Seconded by Mr. Clausen Roll Call Vote: r4 Ayes 0 Nays. The following report was received: 374 June 21, 1977 Town Board Members Town Hall, Mill Street Wappingers Falls, New York Dear Board Members: The present supply of Zoning Ordinances necessitates reordering at this time. In accordance with Mr. Ryan's request, three estimates were obtained for this purchase order. The lowest price, obtained from Goldlief Reproductions, is approximately $3.00 per copy. The ordinances are presently being sold to the public at $2.50 per copy. It is my understanding that any authorization of price increase to recover the printing costs must come from the Town Board. Please advise me of your recommendations. Yours truly, s/ Robert G. Ruit Building Inspector & Zoning Administrator MR. JOHNSON moved that the charges for the Town of Wappinger Zoning Ordinance be $3.00 per copy. Seconded by Mr. Versace Roll Call Vote: 4 Ayes 0 Nays The following report was received: June 13, 1977 Town Board Members Town Hall, Mill Street Wappingers Falls, New York Re: Mid -Hudson Auto Wreckers Dear Board Members: A site inspection this past week revealed extensive accumulation of refuse within the boundary of the junk yard. I made a phone call to Jon Adams to make him aware of the dumping. I also contacted the Dutchess County Health Department. A representative of the Health Department, Mr. Grey, informed me that action was in process with the owner regarding dumping violations. I have requested written correspondence from the Health Department in order to update all Town Officials on Health Department actions in this matter. I will forward copies of the correspondence from the Health 04. Department as it is received along with any future developments at this site. Yours truly, s/ Robert G. Ruit Zoning Administrator Mrs. Snowden added that a copy of an Order and Notice of Hearing had been received from the County of Dutchess Department of Health against Mid -Hudson Auto & Sid Shapiro. Mr. Johnson remarked that the date of the Hearing was July 6th, and he would be interested in having Mr. Ruit or the Supervisor's Office pursue the results of such Hearing. MR. JOHNSON moved the correspondence be received and placed on file. Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes 0 Nays The following correspondence was received: June 20, 1977 Dear Sirs: I am writing a request to the Town Board, for the repair oflproperty, washed away by downstream water flow. I understand that the highway dept. is going to pour concrete support for the drain pipe under the Rockingham Sewer road. Hope- fully, they can also repair the side of my yard, that has, and continues to, erode with each storm. I will provide all posible.manual assistance possible to help in this project. Thank you. William P. Horton„ Supt... of Highways Town of Wappinger Dear Bill: Sincerely, s/ George Grimshaw June 24, 1977 Re: Enclosed letter from Gecsvge Grimshaw, 29 Regency Drive As you know, Mr. Grimshaw's property is immediately to the 2T5 3-76 right of the entrance to the Rockingham sewer, water and recreation area off Regency Drive, has again been seriously washed away. This has been a continued problem of damage to hisproperty year after year. I believe this incident is a prime example for expenditure of funds from Downstream Drainage as it appears the condition has been aggravated by the town culvert under Regency Drive. I would think a number of large boulders from Trap Rock with a back up of clay fill could correct the problem at minimum expense, at the same working time period that you scheduled the wash away problem on the same road going to the town's municipal system. When proceeding with this project, would you estimate the cost.of this correction and if your evaluation is also favorable in endorsing this project as a joint venture. Very truly yours, s/ Louis D. Diehl, Supervisor Mr. Diehl stated that Mr. Horton had advised him that he is going to take care of the subject problem. The following letter was received: Town Board c/o Elaine Town Hall, Wappingers Gentlemen: Members H. Snowden, Town Clerk Mill Street Falls, New York June.24, 1977 -The Conservation Advisory Council has hired Mrs. Lois English as a part-time Secretary to the Council, as of June 17, 1977._ Mrs. English is well qualified for this position and I am sure she will be an asset to the Council. I understand that it may be customary for the Town Board to confirm such actions. Sincerely, s/ Edward Hawksley, Chairman Cons. Adv. Council MR. CLAUSEN moved to affirm and approve the appointment of Lois English as part time Secretary to the Conservation Advisory Council, and Mr. Hawksley advise the Town Board at what hourly rate of pay Mrs., English was being hired at, and also the number of anticipated hours she will be working per week or month. Seconded by Mr. Versace Roll Call Vote: 4 Ayes 0 Nays 377 The following recommendation was received: July 1, 1977 Wappinger Town Board c/o Town Clerk Mill St. Wappinger Falls, N.Y. Gentlemen: At the July 23, 1977., meeting of the Conservation Advisory Council, the Council endorsed the recommendation of a candidate to fill one of two vacancies now existing. The Council therefore recommends the appointment of Mr. George Wolstenholme, 23 Gilmore Blvd., N. Wappingers'Falls, to the Advisory -Council fornthe.,:two year.term.(July, 19791.. I am sure from the attached resume, you will agree that Mr. Wolstenholme is well qualified and will be an asset to the Council. Sincerely, s/ Edward S. Hawksley, Chairman Mr. Diehl stated that he had no objection to the recommendation of Mr. Hawksley's, the resume shows Mr. Wolstenholme well quali- fied, but he would like to personally talk to the gentleman and would ask the Town Board to place this on the next agenda, perhaps they also would like to talk to the gentleman before making the appointment. Mr. Johnson felt that the Conservation Advisory Council would be handling some very sensitive areas in the Town, and therefore, before appointing anyone, the Board should have an opportunity to %We speak to them and see that their personality meets with their credentials. Mr. Versace had no objections to interviewing any- body, but if he's qualified, he's qualified and he doesn't see where personality has anything to do with it. The Town Clerk was directed to send a letter to Mr. Hawksley informing him that the Board wished to interview Mr. Wolstenholme and could he make arrangements for this workshop meeting for July 25th at 7:00 P.M. at the Town Hall. Mr. Johnson indicated he would not be present on the 25th of July but would arrange to 3`U meet with Mr. Wolstenholme _individually. The following recommendation was received: June 14, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Central Wappinger Water Irnp. Contract #1 Dear Board Members: Please be advised that the one year guarantee period for the above project has elapsed andwe see no reason why the enclosed voucher should not be honored. If you have any further questions, please call the office. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. CLAUSEN moved that the recommendation of Mr. Lapar be accepted, and the Board grant approval of the payment of the 5%, 1 year retainage for Contract #1, Central Wappinger Water Improvement #1 to the contractor, Lombardi & Son, Inc. Seconded by Mr. Johnson Roll Call Vote: 3 Ayes 0 Nays Mr. Versace ---Abstain The recommendation from the Planning Board on the Town's rezoning was tabled for the next meeting. The Town Clerk informed the Board that she was in receipt of more than 50 Town resident's signatures for more tennis courts to be built for Town Recreation. MR. CLAUSEN moved that these petitions be received and placed on file for future consideration. Seconded by Mr. Versace. Roll Call Vote: 4 Ayes 0 Nays 1 379 Mr. Versace noted that on the back of one of these petitions Mr. John Villani expressed a complaint regarding one of the tennis court aides. He asked this complaint be forwarded to the Recrea- tion Commission. Mr. Diehl advised it had already been received by the Commission. Under Committee Reports, Mr. Versace indicated that the Board had received from Mr. Lapar correspondence for the plan of study for Sewer Improvement #3. He requested the Board set up a work- shop meeting to discuss what direction they wished to go in this. August 1st was established for the date for this workshop meeting at 7:00 P.M. Mr. Versace reported that a letter had been received from Mr. Caspe regarding the Tri -Municipal agreement for the Attorneys. This agreement had been rejected by the EPA and a new agreement will have to be submitted to the EPA. Mr. Clausen commented on the receipt of a letter from Commissioner James Spratt, Dutchess County Dept. of Public Works and he would like the Town Board to verify that they would be ready to go with the necessary work up stream and down stream from the proposed culvert on Myers Corners Road at Losee Road that the County would install before the County authorized this work to be done. MR. CLAUSEN moved that the Engineer to the Town, Rudolph Lapar develop the necessary engineering plans to indicate up stream and down stream drainage from the proposed culvert that the County is going to install, so that they could make the necessary observa- tions and make a determination for that work to proceed, and further that Mr. Lapar be authorized to do the engineering to prepare bid specifications. Seconded by Mr. Diehl Roll Call Vote: 4 Ayes Mr. Clausen elaborated that it is the intent of .the Town Board to do the work, that this has been a problem for the last two or 380 three years, and has caused the residents, in the upstream develop- ment much difficulty in getting rid of surface water. A£tei•:much prodding by the Town, the County is now about ready to do this work if they are certain the Town, in the event they do the work, will go ahead and do the work up and down stream of the culvert. He doesn't know whay Mr. Spratt isn't convinced by now that the Town is ready and willing to do this work. He would presume, however, that if the Town Board is going to authorize Mr. Lapar to do the engineering work, if the culvert is installed by the County, that the Town Board should take the necessary action to see that all the work is done. Mr. Diehl was reminded by this discussion of another problem that has arisen due to the installation of the culvert on New Hackensack Road at the Karas property. There are serious problems now below this culvert in the area of the Wildwood Sewer Plant due to the oversized pipe. He did commend the County for completing the work and relieving the problem at the Karas property and they did a fine job. MR. DIEHL moved that Mr. Lapar be authorized and directed to do an engineering study on that subject and come in with bidding. Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl brought before the Board the information of an offer of land, approximately 35 acres, on Middlebush Road, and also a small parcel on Route 9 in thevicinity of the New Hackensack Road area. The following letter was read: 27 June 1977 Town Board Town of Wappinger Gentlemen: With regard to the two parcels of land which have been offered to the Town as a gift, I would suggest that the Town Boardauthorize the Town Attorney to retain an appraiser to value 381 both properties. It would appear, on the basis of other appraisal work being done in the area that a fee of around $250.00 per parcel is fair. Very truly yours, s/ Thomas E. Logan MR. CLAUSEN moved that Allan Rappleyea, Attorney to the Town be authorized and directed to retain an appraiser to value both parcels. Seconded by Mr. Diehl Roll Call Vote: 4 Ayes 0 Nays Mr. Clausen requested the Attorney also be asked to come up with any restrictions that the Town Boardmight have on acceptance of a gift of land to the Town. One point in mind, would the Town Board be able to, in the future, sell a portion of land, particu- larly the parcel on Route 9, what would the restrictions coupled with it be, and if there are too many restrictions possibly the Board wouldn't want to accept it in the first place. The matter of the proposed SEQR guidelines, and a letter from Mr. Rappleyea with regard to the SEQR Act was placed before the Board. Mr. Diehl indicated there would be a workshop session on this, therefore ordering the matter tabled to a -future time. The following letter was received: June 24, 1977 Town Board Members Town of Wappinger Gentlemen: At the June 13, 1977 meeting, a resolution was submitted counteracting a Downstream Drainage Resolution a few weeks previous, regarding assessment dollar charges and areas to be assessed. At this meeting, I and perhaps some of you, reacted to a new version which' would charge an assessed fee of 15s5 per square foot of parking area irregardless of covering with pervious material or not. 382 At this meeting in regard to this resolution, I had questions, doubts and was uncertain, but I did vote yes. I now find that I wanted to vote no. This again brings to mind that a period of time should elapse from the introducing of Resolution to voting, a time to evaluate and understand implications. I urge your reconsideration and the withdrawal of said motion and second on the said resolution which states entire parking area will be assessed regardless of material used. I believe that with the passing of the 50% reduction a short time ago, on new construction as an incentive to stimulate busi- ness, has now been destroyed and business has been curtailed unreasonably. As you know, the taxes received from commercial is an important factor in tax relief for the homeowner. A more equal balance is an asset to any town and we are top heavy as a bedroom community. Second, I believe that in passing this revised Downstream Drainage charge we are saying we cannot police, cannot trust our applicants (taxpayers) and so we will convict them before they start.. By assessing them for Downstream Drainage (which is surface run off water problems) where material is that of mother nature and allows surface water to go into the natural surface of the earth is not only unjust, but it is illegal as the pur- pose Downstream Drainage was enacted. Very truly yours, s/ Louis D. Diehl, Supervisor Mr. Johnson commented that in the Board's desire to rectify the problemsin the downstream drainage fees, a resolution was adopted and changes were subsequently made to it which seems to have caused additional, and possibly greater problems than they had anticipated. It would seem to him that if they went back to the one adopted in April, with a few additions we might solve the problem until we can look into it in minute detail. There are many potential places where individual evaluations of an area must be taken. There have also been proposals that have been forwarded speaking, in part, to areas where water accumulates on properties, where installing dry wells or other such leaching fields would thereby make downstream drainage charges unfair. This will allow, until other words can be added at a later date, the Planning Board to proceed with business. Some discussion followed from the floor regarding these fees, and the application of the schedule. 333 MR. CLAUSEN moved to rescind the present resolution adopted June 13, 1977 that applies to downstream drainage charges. Seconded by Mr. Diehl Roll Call Vote: 4 Ayes 0 Nays MR. JOHNSON moved that downstream drainage charges be: 1. For Plot Plan approval for subdivisions - $200 per lot 2. For Site Plan approval - 15c per square foot for newly constructed roofed areas and areas covered with impervious materials. 3. That when parking lots are to be blacktopped, permits will be required. Seconded by Mr. Diehl Roll Call Vote: 4 Ayes 0 Nays Notification was received from the New York State Department of Transportation indicating that they and the County agreed that a 40 mph speed limit is appropriate on Ketchamtown Road between Osborne Hill Road and Route 9D. The Town will be notified as soon as the appropriate orders are filed with the Secretary of State. MR. CLAUSEN moved to receive and place on file the communication from the New York State Department of Transportation and send them a letter of thanks. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays The matter of the bids for improvements to various sewer treatment facilities having been before the Board and tabled was again placed before them for consideration. Mr. Johnson believed the Board intends to bond those, so would it be appropriate to authorize the attorney to prepare Bonding Reso- lutions. Mr. Diehl remarked that in a case where a system does 3811 not have available funds to make the improvements, it is necessary to hold a public hearing. For example, Fleetwood, there are no funds there to correct the facilities there, and the opinion of our financial consultants is that a public hearing must be held before any funds are expended. This statement generated some heated discussion. References were made to several correspondences received from Camo Pollution Control, Inc. pressing the need and importance of this work being done. If the Town doesn't do it, the County Health Department could step in if there is a break- down, without regard to cost. There is no other alternative than to go to public hearing andproceed with the improvements. Mr. Johnson read an excerpt from a letter dated July 5, 1977 from Michael Morris, Vice Preseident of Camo on the state of the sewage treatment plants and the necessity of improvements to them. He remarked that some people feel the ToWn Board is not governing the sewer plants effectively , to this he would entertain a proposal by any sewer district that they would like to take over the opera- tion of their own sewer district, give it to them, let them run it, he would be very happy to sponsor such a resolution on this Town Board. MR. CLAUSEN moved that the following correspondence be received and placed on file in order that they may become public record, seconded by Mr. Versace and carried: July 5, 1977 Supervisor Louis Diehl Town Board Town of Wappinger Mill Street Wappinger Falls, New York Gentlemen: I would like to take this opportunity to stress in writing to the Board some of the points I tried to make at our June 27th meeting regarding the state of the sewage treatment plant and necessary work that remains in order to make them function until such time as the Tri -Municipal becomes a reality which could very easily be six to seven years. 385 An ideal place to start would be Mr. LaPar's statement that the EPA feels all equipment should be replaced approximately every 12 years at a plant and the entire plant itself has a life ex- pectancy of 20 years. This being the case, the majority of sewer plants in the Town of Wappinger should have hhd all their equipment replaced once already with some about ready for their second replace- ment of equipment. To my knowledge, the bulk+ of the equipment has never been replaced. With this thought in mind I would stress to the Board that the figures presented to you at this meeting only represents that replacement and repair Work which is absolutely necessary to keep us going for the next year or two. It should in no way be construed to mean that repair work necessary to bring these plants up to acceptable standards and relieve their overloaded condition, allowing them to run relatively trouble free until such time as the Tri -Municipal becomes a reality. A realistic figure to accomplish the latter would be arrived at by taking the total flow including infiltration and multiply by $4 to $5 per gallon. In the case of Fleetwood, for example, the price would be approxi- mately $350,000 to 400,000. Until this happens, and as long as we are band -aiding and patching at an absolute minimum of cost each year, we can only assure you that the patching will continue and in fact, in all probability, will accelerate as the plants deteriorate due to age. In considering the minimum repair costs we would request all Board members keep in mind the fact that the majority of items being discussed are the same items discussed in October of lase year and in fact were discussed in the preceeding year so in reality what is on the boards now is only that which has not been acted on in the past. To best answer Mr. Versace's questions regarding the operation of Oakwood, I have included results of tests conducted at the plant for the last month for your review. You will note that the SPDES permit requirements were met even without the proposed sand filters. It is tragic that the money to install the filters cannot be used in other areas of sewage treatment where it is so desperately needed. In regard to the odors that do occur it must be remembered that this is a sewer plant located in very close proximity to residences. The approval for the misting equipment should help us in this matter. The Board should also be advised that the inspection and monitoring of all water systems required by new state regulations will be much more strictly enforced. For this reason and since there is no tri -municipal water system down the road, I feel the Board might best start now to make the necessary corrections in order to bring these water systems up to their functioning capa- bilities. By doing this now they will avoid possible conflicts with the State and also spread the expenses over a longer period of time. Finally, although I know ing money for sewer and water lent systems, if the District sewer and $150 for water they and therefore difficulty will funds to properly operate the the difficulties you face in request - I must stress that based on equiva- is not paying at least $225 for are not paying a realistic figure occur in trying to obtain enough facility. Very truly yours, Camo Pollution Control Inc. s/ Michael J. Morris Vice President June 27; 1977 MEMO TO: Town of Wappinger Town Board FROM:' Matthew W. Ryan, Comptroller RE: Improvements:to Various Sewer Improvements 4. Listed below you will find a report on funds available for the above improvements: WW FW Rockingham Mid Pt. S.I.#1 Total Lafko Bid 3,871.25 18,541.25 5,296.25 15,241.25 -0- Camo Bid 4,425.00 7,485.00 12,630.00 6,200.00 1,875.00 Engineers Fees/ 660.00 1,672.50 705.00 780.00 -0- Subtotal 8,956.25 27,698.75 18,631.25 22,221.25 1,875.00 Paid to Date 3,235.00 2,150.00 5,410.00 2,580.00 1,250.00 14,625.00 Available Cash 5,721.25 -0- 13,221.25 4,000.00 625.00 23,567.25 Subtotal -0- 25,548.75 -0- 15,641.25 -0- 41,190,00 42,950.00 32,615.00 3,817.50 79,382.50 Reimburse O&M 2.,150,00 Needed to Bond .Contingency @ 10% follows; w, 27,698.75 -0- 15;641.25 -0- 43,340.00 2,769.25 1,564.75 4,334.00 30,468.00 17,206.00 47,674.00 Presuming a five (5) year Serial Bond would be iseued,j it would affect the districts as Fleetwood B/A. is 1977 51.00 New Bond 46.06 Total B/A' 97.06 Midpoint has no Benefit Assessment -0- New Bond 28.86 Total B/A 28.86 Note; B/A m Benefit Assessment WW s Wij.dwood itwood 387 MR. CLAUSEN moved that a Public Hearing be held on August 22, 1977, at 7:00 P.M. at the Wappingers Junior High School, Remsen Avenue, Wappingers Falls, New York on the capital costs of improvements to the Fleetwood Sewer District, at which all interested persons will be heard. Seconded by Mr. Diehl. Roll Call Vote: 4 Ayes 0 Nays MR. JOHNSON moved that a Public Hearing be held on August 8, 1977 at 7:00 P.M. Town Hall, Mill Street, Wappingers Falls, New York on the capital costs of improvements to the Mid -Point Park Sewer District, at which time all interested persons will be heard. Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes 0 Nays The Town Clerk was directed to inform Camo Pollution Control, Inc. the Attorney and Engineer to the Town, and the Town Comptroller of the dates of these Public Hearings, request their attendance at them and indicate to them they should be prepared to answer questions from the residents. Several bids had been received by the Town for the purchase of the equipment from the abandoned Mid -Point Park water plant. Mr. Johnson stated that the water system at Mid -Point has been out of service since Central Wappinger Water encompassed the area. The Town has advertised for bids on theequipment, and be- fore that equipment gets so old and corroded that it can never be used the high bid should be accepted. MR. JOHNSON moved that the high bid from Camo Pollution Control be accepted for the abandoned equipment of the Mid -Point Park water plant, and that the proceeds from the sale of this equipment be put into the capital fund of Central Wappinger Water Improvement to help reduce the debt. Seconded by Mr. Versace Roll Call Vote: 4 Ayes 0 Nays The following report was received: Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Truett Bid Gentlemen: July 11, 1977 Enclosed herewith please find a copy of Truett's Bid. there is only one, and approximately $4,000 above the I would assume that the Town would authorize us to go get further bids. Since estimate. out and We do not know how successful we will be, since we did contact all the Contractors that usually bid on projects of this nature. Thank you, Very truly yours, s/ Rudolph E. Lapar, P.E. MR. DIEHL moved that since only one bid was received, and under the conditions that the bid received was considerably higher than expected, that Mr. Lapar be authorized and directed to rebid work for storm sewers on the Truett problem. Seconded by For. Clausen Roll Call Vote: 4 Ayes 0 Nays The following report was received: July 7, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y, Gentlemen: After researching the available records it seems the appar- ent original intent of the developer of Pine Ridge Estates was to enter the development from Hopewell Roald on Van Voorhis Terrace. Pine Ridge Drive was to have commenced approximately 500 feet from the Hopewell Road off Van Voorhis Terrace and continue past the Tackas residence and proceed on up the hill. However, the section of road from Van Voorhis Terrace to the road in front of the Tackas residence never materialized. It appears that, at some point in time prior to my becoming Superintendent of Highways, the decision was made to designate Pine Ridge Drive as a through road commencing at the Hopewell Road and continuing uP over the hill and down the other side emerging on the All Angels Hill Road. At the same time the 389 dead-end street in front of the Tackas residence was changed to Van Voorhis Terrace. It does not seem logical to me to travel approximately two miles on a road only to have the road terminate at a deadend, and I feel that to reverse the names of these two streets would cause tremendous confusion and needless inconvenience. Very truly yours, s/ William P. Horton Mr. Diehl felt Mr. Horton was correct in his evaluation and, although the original intent of the developer has been changed, it makes no sense to change them back to where Pine Ridge Drive would end up in a deadend. MR. JOHNSON moved that Mr. Horton's recommendation be accepted to leave Pine Ridge Drive. and.Van Voorhis. Terrace as they are, as it makes no sense to change these road names now, and so advise Mr. Takacs. Seconded by Mr. Clausen Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl brought up a matter that had been before the Board in June,.that of the.request for. the burying of the debris from the XYZ property, and he had questions on it now. The Board, last meeting, denied the request to bury the debris of the building on the property, and this building is becoming - more dangerous every day. He believes the Building Inspector will have to give an order to tear down the building, but the one.question he has for the.attorneys, several years ago there was some filling in done in Green Fly Swamp of cement block, and=as he recalled, approval was granted that this was permissible at'that.time,'and'he questions if we have any further laws prohibiting it now. The problem that bothers him is that:of issuing an order to tear down and a grave concern that the .'Down will end up ,in the courts possibly for a year or more and not_have.anything happen. go Mr. Versace made note of a letter from Mr. Chiarenzelli askiing if he could be given an idea when Mr. Horton would commence work on the drainage problem at his driveway as he was anxious to re- work his lawn before fall. Mr. Horton noted this project hadn't been started yet and agreed he would notify Mr. Chiarenzelli when he will be up there. Mr. Versace also made note of a letter received from Mr. John Trayers, 30 Valley Road, who expressed a concern about a house being built directly across the street from him, which he felt was and would continue to give him problems with change of direction of surface water runoff that was resulting from excavation and regrading of this property across from him. Mr. Versace asked Mr. Horton and Mr. Lapar to take a ride up and speak to Mr. Trayers. Mr. Horton agreed and also said first he would look up Mr. Trayers' plot plan so he could see if he had complied with everything on that plot plan. Mr. Diehl offered that he knew Mr. Ruit has been there and is aware of this complaint. Mr. Clausen asked that the Attorney to the Town update the Board as to the progress of either the easement or condemnation in rela- tion to the River Road North. He also wished to remind the Highway Superintendent about the direction the Board had given him regard- ing a plan or recommendation they wished him to come up with for storm drainage grates that seem to be below the surface of the 400 road,causing problems for motorists. Would Mr. Horton in the near future come up with inspections of, cost analysis and a recommenda- 400 tion of what to do with them. Mr. Versace asked Mr. Lapar if he had any report on the Kent Road storm drainage. Mr. Lapar was now working on it. Mrs. Louise Carbonaro, 1 Paulette Lane, being recognized by the Chair, spoke to the Board about the recreation area (Naro Subdivi- sion off Robinson Lane) and the hazardous condition of a pond in 391 this area. When they moved there they were told that they would have a recreation area at the end of Paulette Lane and a lake for swimming, their deeds read that and she owns 1/45 of the recreation area there. Nothing has been done about the lake, they (developers) have drainage going into it now and it is a very dangerous area. Mr. Johnson pointed out Mr. Diehl's letter to Mr. Lapar about this problem, and the possibility of misrepresentation on the part of the developer (subdivision approval indicates recreation area private, tie not dedicated to the Town). There was some discussion on what aveues these residents could pursue to remedy their problem, and what could be done on the health hazard of the drainage pond, and are they going to finish the lake - Mr. Lapar was asked to check the pond, and any other conditions that might have been violated. It was also recommended that a representative of this group attend a recreation meeting. There being no other business to come before the Board, Supervisor Diehl entertained a motion for adjournment. MR. CLAUSEN moved the meeting be adjourned, seconded by Mr. Versace and carried. The meeting adjourned at 10:34 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 7/11/77