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1977-05-23 RGM.SEN . TO4NC? ;iA QINGE R MAY 23, 1977 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS Supervisor Judge Wm. Bulger - Annual Report 5. RESOLUTIONS a. D'Agostino Rezoning b. Football Bids —Recreation Commission c. R. Lapar Estimate for payment for Final Estimate for WSI#1-Contract #1 - Lombardi 6. PETITIONS & COMMUNICATIONS a. E. Sailer re: Storm Drainage System b. Application for Peddlers License - Edward Duffy c. G. Kreisberg for Blooming Grove Associates offering Bond for Road Opening permits & request for return of Cash deposit d. Lillian Lane, 7 Orchard Drive to Mrs. Crosby re: Penalty for late payment of water & Sewer rents e. Barbara Hairston requests use of 7 Voting Machines for W.C. School Election June 8, 1977 f. Change Order - Central Hudson - Light on 9D - Hughsonville L. Dist. g. Seminar on Federal dollars for Local Governments by Government Information Services - Washington D.C. June 13-14 h. Gordon R. Arent, 48 Brothers Rd.. re: Road conditions in front of his house i. Planning Board Correspondence: 1. Downstream Drainage 2. Downstream Drainage, Apts. 3. Recreation Land -Fees on Apartment Projects j. Pond View Discussion 7. COMMITTEE REPORTS 8. UNFINISHED BUSINESS a. M. Ryan re: Ardmore Hills Water Dist. b. PSC Adjcurned Hearing for Wappingers Pk Water Rates new dates _` c. F. Lafko re: Improvements to Various Sewage Treatment Plants Bid d. R. E. Lapar Report on Fenmore Drive Manhole Complaint 9. NEW BUSINESS 10. ADJOURNMENT The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on May 23, 1977 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:05 P.M. Present: Louis Diehl, Supervisor Louis. 'Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine 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 March 14, 1977 Regular Bimonthly Meeting, having been previously sent to the Town Board members, were now placed before them for their approval. MR. JOHNSON moved the Minutes of the March 14, 1977 Regular Bi- monthly Meeting, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Jensen. Motion Unanimously Carried The Supervisor's Monthly Report for the month of April and the Sewer and Water Enterprise Fund from Jan. 1, 1977 to April 30, 1977 was received, as was Judge Bulger's Annual Report for 1976. MR. JENSEN moved to accept and place on file the Supervisor's April Report, the Sewer and Water Report, and Judge Bulgerb Annual Report for 1976. Seconded by Mr. Johnson. A Public Hearing having been at the Town Hall, Wappingers Motion Unanimously Carried duly held on May 23, 1977 at 7:00 P.M. Falls, New York on an Amendment to the 273 274 Zoning Map of the Town of Wappinger for D'Agostino's Nursery, the matter was placed before the Board for their consideration. Mr. Versace questioned if anything was brought up at the Public Hearing as to what the type of other commercial uses were that the Dutchess County Department of Planning made inference to in their recommendations (as he was not present at the Public Hear- ing). If Mr. D'Agostino did not wish to use this property for the use requested, what would the other uses be? Mr. Diehl answered anything that would be acceptable under the HB -2 zoning. Mr. Versace stated he had no objection to the nursery.bus.iness being expanded, but what the County Planning Departmenthas indi- cated that if the land were rezoned for HB2 it could be used for other than nursery type of business, it could be used in one of four different catagories. What are the four different catagories? Mr. Jensen stated he didn't believe that was what the Dutchess County Planning Department actually said. It says that being the land that's being requested for rezoning is HB2 up to four busi- nesses could be placed on that property. He also pointed out the Town of Wappinger Planning Board has recommended favorably. Mr. Versace again said he had no objection to Mr. D'Agostino, he just questions the four different commercial uses that could be placed on them. Mr. Jensen commented to Mr. Versace that he had been on the Board over three years, and if didn't know what HB2 means in the Town of Wappinger, he suggests he look at the zoning map instead of asking questions, he's had the opportunity to look at it for three or four weeks now. MR. JENSEN moved that the following Ordinance be adopted, with the reason for affirmative action on this amendment to the Town of Wappinger Zoning Map being that it is the belief of the Board that the exit on the side road creates no problem on Route 9, which was one of the inferences made by the Dutchess County ,275 Department of Planning. Section 1: The zoning map of the Town of Wappinger as adopted on January 29, 1963, and as amended from time to time and is hereby further amended by the rezoning of the following described parcel to HB -2: "ALL that certain piece or parcel of land situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Smithtown Road distant 160.42 feet on a course of North 79° 11' 10" East from a New York State Monument at the intersection of the westerly side of Route 9 with the southerly side of Smithtown Road. Running thence South 5° 23' 35" West 655.00 feet to a point; running thence North 79° 34' 25" West 77.02 feet to a point; running thence North 82° 47' 26" West 340.33 feet to a point on the easterly side of Old Post Road; running thence along the easterly side of Old Post Road North 60 45' 20" East 315.48 feet to a point; running thence along the easterly side of Old Post Road North 8° 23'-50" east 212.28 feet to a point at the intersection of the easterly side of Old Post Road and the south- erly side of Smithtown Road; running thence North 81° 02' 12" East 320.92 feet along the southerly side of Smithtown Road to a point; .running:thence North 76° 31' 9" East 94.33 feet along the southerly side of Smithtown Road to the point or place of beginning. Consisting of approximately 5,5 acres% Section 2: This Ordinance shall -take :effect immediately upon adoption, posting and publication as provided by Town Law. Seconded by: Mr. Diehl Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Nay Supervisor Diehl Aye Resolution Duly Adoped The Town of Wappinger Recreation Commission, having advertised for Bids for Football Protective Equipment, which were received and opened May 12, 1977. Three bids were received; Raleigh Athletic Equipment Corp. @ $1,027.50; Letterii Sporting Goods Inc. @ $1,140.00; and Schumans Army and Navy Store Inc. @ $1,184.62. The Town of Wappinger Recreation Commission recommended the bid for 1977 Foot- ball Protective Equipment be awarded to Raleigh Athletic Equipment Corp. as low bidder. 276 MR. JENSEN moved to accept the Recreation Commission's recommenda- tion and award the bid for 1977 Football Protective Equipment to Raleigh Athletic Equipment Corp. @ $1,027.50 as low bidder subject to approval of the Comptroller that bid procedures were followed. Seconded by Mr. Johnson. Motion Unanimously Carried Mr. Versace commented that all the purchasing is supposed to flow through the Comptroller's office, and this is the second time that the Town Board has received bids from the Recreation Commission, and he wanted to know what involvement that the Comptroller has had concerning those bids. He thinks a letter shouldtbe sent to Mr.:Ryan for him to get involved in all the bidding concerning equipmentandother purchases we may have. Mr. Diehl agreed that the bidding should be done through the Comptroller's office. MR. JENSEN moved that a letter be sent to Mr. Maurer, Chairman of the Recreation Commission, indicating that bidding procedures should definitely take place through the Comptroller's office, and further, reminding Mr. Maurer that some of the Commission members certainly ought not be making purchases on their own as has been recently indicated to the Board. Seconded by Mr. Johnson. Motion Unanimously Carried The following report was received: May 17, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Wappinger Sewer Imp. #1 Contract #1 Dear Board Members: As instructed by the Attorney for the above project, ('copy of letter enclosed) we have prepared the final estimate for Wappinger Sewer Improvement #1 - Contract #1. 27! Please be advised that the job is complete to the satisfaction of this office. If you have any questions, please call the office. Very truly yours, s/ Joseph E. Paggi, Jr. Engineer The total due this contractor on Contract #1 - Wappinger Sewer Improvement #1, per estimate by Mr. Lapar's office is $90,731.54. MR. JOHNSON moved that Mr. Lapar's estimate for payment for the final estimate for Contract #1 - Wappinger Sewer Improvement #1 in the amount of $90,731.54 be approved for payment with referring it to the Attorney to the Town's office on the remaining disputed items of the contract. Seconded by Mr. Clausen. Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Abstain Supervisor Diehl Aye Mr. Rappleyea passed to the Board a stipulation he had prepared regarding the litigation of M&G Sanitation and briefly explained it to the Board. MR. JOHNSON moved to authorize the Supervisor to sign the stipula- tion regarding M&G Sanitation as prepared and presented by the Attorney to the Town. Seconded by Mr. Diehl Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Aye Supervisor Diehl Aye The following report was received: 278 Town Board, Town of Mill Street Wappingers Falls, N Dear Board Members: May 19,-1977 Wappinger .Y. Re: Wappinger Sewer Imp. #1 Contract #4 Central Wappinger Water Imp. Contract #5 Please be advised that the above contracts have successfully passed the one year guarantee period and we see no reason why final payment should not be made. The amounts are as follows: Wappinger Sewer Improvement #1 Contract #4 $30,962.34 Central Wappinger Water Imp. Contract #5 19,081.49 If you have any further questions, please call the office. Thank you, Very truly yours, s/ Rudolph E. Lapar, P.E. MR. DIEHL moved that payments of the 5% retainage on Contract #4 Wappinger Sewer Improvement #1 and Central Wappinger Water Contract #5 be made as recommended by the Engineer to the Town Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays The following letter was received: Fox Hill Road Wappingers Falls, N.Y. May 5, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Ref: My letter of November 10, 1974 Gentlemen: Approximately 3 years ago the town installed storm drainage along Kent Road toward All Angels Hill Road as far as Cady Lane. The plan showed completion of the drainge lines up to the Apple Orchard Development. However, the 760 foot link from Cady Lane to the Apple Orchard was never completed, due to a cost overrun. 279 The Apple Orchard Development drainage system was completed but had no place to drain. As an expedient a hole was created in the drainage line at the boundry of my property and the entire drainage system was permitted to pour onto and across my property into Lake Oniad. This amounts to several hundred thousand gallons of water during each heavy rainfall. In 1974 I approached the Town Board, Town Attorney and Town Engineer, requesting correction of this situation. At that time, I suggested the job be completed simultaneously with sewer and water installation on Kent Road. I was advised that this was not possible, but that the job would be done the following year (1975). I think I've been reasonable in waiting Oire 3 years for relief on this unauthorized flooding. I am hereby requesting the Town Board to authorize completion of the Apple Orchard Drainage link to Cady Lane. I have been told by Engineer K. Russ and Highway Superintendent W. Horton, that this can be achieved most economically by installing a 24" line off road on my property. I am willing to grant a right of way for this purpose. I have further been advised by these gentlemen that they have quotes indicating a cost of $8.50/Foot for 24" concrete pipe and $12.00/Foot for installation. The estimated cost of the 760 foot link is therefore approximately $15,580. If and when my property is ever subdivided it will return $6,000 of this outlay to the downstream drainage fund. However, lets not forget that the $15,580 is correcting the Apple Orchard downs - stream problem. Please advise me of your decision. Sincerely, s/ Edward Sailer Mr. Sailer made a few brief statements elaborating on his letter, and again asked -the Town to complete the, -link:: Mr. Diehl.affirmed there was a discharge tdpelocated on Mr:.Sailer's property. Check- inginto-it,--it-appears there -was some type of.an agreement that this discharge pipe could be put there if an entrance was made on Baldwin. Mr. Sailer .denied:the latter, but_indicated the agreement was extremely explicit.in that it was made exclusively with Longitano to eliminate any artificial conveyance of water, only back yard drainage of about six lots. Mr. Diehl stated that he would like to see this go back to the Planning Board to see if there were any stipulations, any agreements, somewhere he under- stands there was some type of an agreement for discharge, have the Planning Board advise the Town Board if there were any agree- ments. Second, he asked Mr. Sailer if he would be willing to give easements, if the Town Board acted favorably. Mr. Sailer answered 280 yes, and he had so indicated that in his letter. Mr. Diehl stated that he would like to see Mr. Sailer come forward with an agreement giving the easement to it, and at the same time getting a clarification from the Planning Board, he believed that would move it one step further. Mr. Jensen asked Mr. Sailer if he was, in effect, asking the Town to put this pipe in at Town cost (to which Mr. Sailer,enswered yes) and he would not contri- bute to this pipe at all, to which Mr. Sailer stated that if the Town,considered that fair for him to contribute he would consider entertaining that possibility, but he didn't see why this couldn't come out of downstream drainage fund, as he thought that was what it was for. MR. DIEHL moved to refer Mr. Saa.er's letter of intent to Mr. Rappleyea and also direct a letter to the Planning Board asking if there were any agreements or stipulations with regard to drainage in the Ye Olde Apple Orchard area, or any development in the area. Seconded by Mr. Versace. Motion Unanimously Carried An application was received from Edward Duffy for a Hawking and Peddling License. The application had been referred to the Dutchess County Sheriff's Department, and returned indicating no criminal record on file. - MR. VERSACE moved to approve the application and grant Mr. Duffy for a Hawking and Peddling in the Town of Wappinger. Seconded by Mr. Diehl. Motion Unanimously Carried The following request was received: May 9, 1977 William Horton, Supt. of Highways Town of Wappingers Market Street Wappingers Falls, N.Y. Dear Sir; I enclose a bond in the amount of $1,000 in favor of the 4 vio vair ` 281 Town of Wappinger covering the opening of streets. My firm intends to have sewer and water services installed on Erwin'Drive in connection with the Primrose subdivision. I previously submitted a certified check in theamount of $250.00 covering one opening. I wish to substitute this bond and request that the $250.00 be released. Thank you for your assistance in this matter. Respectfully, Blooming Grove Assoc. s/ Gerald Kreisberg Mr. Horton, Highway Superintendent recommended that the cash bond deposited by Blooming Grove Associates be returned, and accept the bond offered in its place. MR. DIEHL moved to accept the recommendation of the Highway Superintendent, and authorize and direct the Comptroller to return the $250.00 cash bond and accept the road opening bond posted in lieu of the cash. Seconded by Mr. Johnson. Motion Unanimously Carried A letter was received by Mrs. Crosby, Receiver of Taxes from Mrs. Lillian M. Lane who complained of having to -pay penalties for a late sewer and water rent payment. Mr. Diehl stated that the Town Board policy is that a late payment is a late payment. There has been some problem in that area, however, recently having to do with pressure but he still does not see how a late payment can be forgiven, and he would rather stick to the policy, late payments shouldn't be forgiven, a precedence would be set if one was forgiven, besides being a matter of law. MR. JENSEN moved that a letter be sent from the Supervisor's office to Mrs. Lane verifying the Receiver of Taxes' statement in her response to Mrs. Lane, stating there is no forgiveness on late payments. Seconded by Mr. Clausen. Motion Unanimously Carried :rs 2 A request was received from Barbara C. Hairston, District Clerk for the Wappinger Central School District for the use of seven of the Town of Wappinger voting machines to be used in the School District elections to be held June 8, 1977. MR. JOHNSON moved that the Wappingers Central School District be granted permission to use seven (7) of the Town of Wappinger voting machines for the School fistrict vote on June 8, 1977, under the supervision of the Town of Wappinger voting machine custodians. Seconded by Mr. Jensen. Motion Unanimously Carried - A change order was received from Central Hudson indicating they wished to remove a 7000 lumen lamp and pole on Rt. 9D in the Hughsonville Light District because the pole is a traffic hazard and relocate the lamp on pole ##85920 - no charge. MR. JENSEN moved to authorize the change requested by Central Hudson to the street lighting service for the Hughsonville Light- ing District, and authorize the Supervisor to sign said change order ##10576. Seconded by Mr. Johnson. Motion Unanimously Carried Information was received concerning a seminar sponsored by Government Information Services in Washington D.C. on June 15th on Grantsmanship & Federal Dollars for Local Governments. It was felt by the Comptroller and Supervisor that this seminar might be worth attending for perhaps two members of the Town Board. MR. JENSEN moved that any two members of the Town Board who desire to attend the GIS seminar in Washington, D.C. be granted permission to attend, and their legitimate expenses be a Town charge. Seconded by Mr. Diehl. Motion Unanimously Carried Supervisor Diehl requested permission to attend a Supervisor's and County Legislators Seminar at Lake Champlain June 27th to June 30th, and Mr. Logan requested attendance at the Assessors Seminar at Cornell Univ. July llth to 15th. MR. CLAUSEN moved that Mr. Diehl and Mr. Logan be granted per- mission to attend their respective seminars provided funds are available, and provided Mr. Logan has not made a request this year to attend any other conferences, and that their legitimate expenses be a Town charge. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received: 48 Brothers Road Wappingers Falls, New York May 16, 1977 Elaine Snowden Town Clerk, Town of Wappingers Town Hall, Mill Street Wappingers Falls, New York Dear Ms. Snowden: There are two serious problems related to unsatisfactory road conditions in front of my home at 48 Brothers Road, which require prompt attention by the town. The first is an inadequately marked curve in the road which has been the sight of four accidents since last August. Luckily so far, there have been no serious -injuries. However, mydog-was killed on this curve when a school bus took the curve too'wide • and crossed onto a guard post has disfigurement to embankment. my property. I have also lost several mailboxes, been knocked down, and there has been considerable my property as a result of cars going down the The second problem is inadequate drainage facilities. Water from Brothers Road runs onto my property at two different locstions, flooding the front section of my lawn Causing a swampy condition. It has become so bad it is impossible to mow, it is killing trees, and has become a breeding place for mosquitoes.` I am requesting that the following action be taken by the town to correct these problems. 1) Mark the center of the road with a double yellow line, 2) Re -set the existing guard posts, and install reflectors on same, visible from both directions, 3) Post a 20 mph speed limit on the existing curve sign 1.',284 for southbound traffic, 4) Combine the two gutter drains into one, 5) Bury a drainage pipe through the easement on my property to carry off the water from Brothers Road, 6) Spray the area in front of my home for mosquitoes until the drainage problem has been corrected. Please advise me when I can expect to see some action on these problems. Yours truly, s/ Gordon R. Arent The following report was received from Mr. Horton: May 20, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: LaMothe Complaint - 49 Brothers Road Gentlemen: I concur with Mr. LaMothe's statement that "motorists do not respect the severity of the curve", but I do not agree that striping the road will eliminate the problem. This entire area is legally posted with a 35 mile per hour speed limit. Additionally, this particular curve is posted with a legal curve sign and a -suggested speed of 20 miles per hour. The problems are two -fold- 1) non -enforcement of the 35 mile. per hour speed limit, and 2) vandalism to the curve and suggested speed signs which requires frequent replacement. Upon speaking with area :law enforcement officers I am advised that without a Town Board resolution or Local Laid -speed limits might not be enforceable in the town. Perhaps this is a matter for.Mr.--Rappleyea to research: Very truly yours, s/ William P. Horton Mr. Horton indicated that the posts are painted white and are visible at night, the problem is speeding throughout the whole road. The average speed seems to be 40 to 45 mph throughout the whole road, the speed limit in that area is 35 mph, and lines in the road wouldn't help. As for the drainage in that area, nothing has been scheduled, there are a good many thousand feet of open easement and a good many acres of swamp behind those houses in there, you'd have to drain the swamp, that's what it amounts to. 285 Mr. .Jensen commented, it was again the same problem of speeding, as in other developments where there are speed limits, where enforcement of these speed limits are not being upheld, here once again, he would recommend that the Supervisor's office ask the proper authorities to patrol this road on 4 more frequent basis. Mr. Diehl stated that he would request the Sheriff's Department to put radar in there and solve it once and for all. the Mr. Jensen said there should not be a grace period - or warning period - just go out and ticket speeders. The Board agreed thereshould be no warning period this time. MR. DIEHL moved that The Town. Clerk write to the Dutchess County Mosquito Control patrol and ask them to spray this area (Brothers Road area) and advise Mr. Arent the Board will ask for a Sheriff's Patrol with radar. Seconded by Mr. Jensen Motion Unanimously Carried The following letter was received: Memo To: Town Board Members From: Town of Wappinger Planning Board Date: May 19th, 1977 Subject: Downstream Drainage Fee for Commercial Sites. The new downstream drainage fee states that only actions approved by the Planning Board are required to be assessed a fee. The amount is $.15 per square foot of all impervious areas (roof, parking walks, etc.). We recently had an action before us as follows: Plan A sq. ft. fee Roof 3,080 $462.00 Blacktop (Driveway & Parking) 9,100 1,365.00 Walks . 6.00 90.00 12,780 1,917.00 If this action did not specify a blacktop parking area, the amount would be as follows: Plan B - sq.. ft. fee Roof 3,080 $ 462.00 Blacktop (Driveway only) 1,100 165.00 Walks 600 - 90.00 4,780 717.00 The way the law reads today, Plan B could be presented to us 286 for approval with 'a ' downstream drainage fee of $717.00 and then he could blacktop the parking area at a later date and pay no additional downstream drainage fee. We think that this loophole in the law should receive your immediate attention. We would like to take this. opportunity to propose a change to the law as follows: "A11 roof areas, parking areas, walks and all other imper- vious areas are to be assessed at a rate of $.15 per square foot". We would continue to approve actions based on the current downstream drainage schedule and -we would appreciate a response on your disposition of this matter. Mr. Diehl remarked that he had spoken with Mr. Fanuele, and what Mr. Fahuele'is saying that someone could come in and say no we're not going to blacktop any of the parking areas then six months later they blacktop them and not get charged for it. He believes they can only be charged for what they have before the Planning Board in covering the earth, the structure itself. If they aren't going to blacktop a parking lot, we have no right to charge them, but when the time comes that they do blacktop, then they will be charged for downstream drainage. Mr. Fanuele didn't believe there was any law that covered what Mr. Diehl just stated, they don't have to get a permit to blacktop an existing driveway or parking area. Mr. Versace asked if it would be easier if the Board were to implement in the downstream drainage program that, even though the approvals are without areas to be blacktopped, or areas to be concreted, that the approval from the Planning Board would be that, if, in the future, these areas were to be blacktopped that they would be charged the 15c per square foot downstream drainage fee, so, if a person so desires not to do it immediately he will know that, for the Town's protection, that in the future if he desires to do it he still can be charged for it, and would have to come back and tell the Planning Board what his intentions are going to be. Mr. Rappleyea was asked if he could draw up something along these lines tonight, some statement the Planning 287 Board could put as a condition when applicants come in for approval, and discussion followed to clarify the intent of the charge. Mr. Rappleyea saw no objections to amending it to include the. way Mr. Fanuele would like it, except that the Board does not want to charge for a so called dirt driveway, but he could: write something out. Mr. Saland cautioned that in certain instances if the property were sold the purchaser would not be bound by the conditions of the Planning Board approval. MR. VERSACE moved that the recommendation from the Planning Board be an amendment to the existing downstream drainage fee schedule that being "all roof areas, parking areas, waltisy and all other impervious areas are to be assessed at a rate of 15 per square feet" and Mr. Rappleyea prepare a resolution for the June meeting to that effect. Seconded by Mr. Clausen. Motion Uhanimoasly Carried The following memo was received: Memo To:.. Town Board Members From: Town of Wappinger Planning Board Date: May 19th, 1977 Subject: Chelsea Ridge, Section 5 Site Plan - Assessment on Downstream Drainage. . With regard to the above -captioned subject, the Planning Board is assuming that this project would be assessed downstream drainage charges based upon the $.15 per square foot figure. The Planning Board would appreciate your confirmation and/or opinion on this matter at your earliestpossible convenience. Thank you for your consideration. Mr. Johnson commented that the only deviation was the subdivision. The 15 per square foot would be the charge for Chelsea Ridge. This answered Mr. Fanuele's question. The following memo was received: 288 Memo To: Town Board. From: Victor Fanuele, Chairman of the Planning Board Date: May 19th, 1977 Subject: Recreation Land or Fees for Apartment Projects At present there appears to be no requirement for dedication to the Town of recreation land'or money in lieu of a land contribution on apartment projects. I would like to take this opportunity to suggest that some thought be given'to this matter and would like to propose a charge of $100.00 per bedroom as an alternative to dedication of recreation land. Thank you for your consideration. Mr. Jensen asked Mr. Fanuele if now he was recommending apartments pay a recreation fee, in lieu of land as well as the land they set aside for their own recreation facilities, since up to now they have maintained their own recreational areas for their resi- dents. Mr. Fanuele argued that apartment dwellers use town recrea- tion facilities but Town residents can't use apartment recreational facilities. Mr. Rappleyea commented that provisions for recreation found in the subdivision sections of the Town Law talk about dedi- cations by the land owner when developing subdivisions and also in lieu of the development of land within its own subdivision for recreation area a dedication of a percentage set forth by the Town the recreation fee, but he doesn't know of any similar provision for apartments. Some discussion on this matter followed. MR. DIEHL moved to refer this matter to Mr. Rappleyea and ask for his opinion as to what can or cannot apply in the matter of apart- ments recreation land. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Diehl recognized Mr. Chester Malinowski, who had appeared before the Board last meeting in regard to the specifications for residents installing and hooking up water lines to their homes. Mr. Malinowski had received Mr. Lapar's letter of explanation, but he still cannot see the necessity for the 18" of sand required to cover the lines. He doesn't see where there's any berrit, and it's `28 9 a waste of money. He's against throwing good dirt away for sand, it's an awful expense. It was explained that these requirements were established due to problems arising from some poor contract- ing experiences, when the whole line had to be re-laid due to faulty installation the first time. The last paragraph of Mr. Lapar's letter to Mr. Malinowski was read: "In closing, let me say that specifications are usually written because of the poorest Oire installer so that he will do a good job. In my career as a pro- fessional engineer, I have seen that the good contractor does not object to this type of installations since it eventually benefits everyone". Mr. Malinowski kept reiterating his opposition to the regulations. Mr. Lapar pointed out that anyone could go out and put their own service lines in therefore, the specifications are so written. They are written for the protection of those who install service lines themselves, as well as the homeowner who hires a contractor, to insure a properly installed service line. Mr. Diehl pointed out the Board had heard both sides, and it was up to them if they wished to revise the requianents. The policy stands until they see fit to change it. Mr. Clausen concluded the discussion by suggesting that in special cases, like Mr. Malinowski, who asserts he has good earth on his property, it could be agreed in these particular cases where there is good earth and a good contractor and they all could agree in those particular cases, that those specifications did not apply, that it could be flexible, and all agree what would be necessary in permitting a pipe to be laid so that no future problems would arise. This is what he felt Mr. Malinowski was alluding to. Mr. Lapar answered that to do what Mr. Clausen suggests, an inspector would have to be on these jobs from the instant the job was started right through to the conclusion. This is unreal- istic and costly, if the Board wants to set up an alternate, set up licensing of plumbers, and in that case you may not even have to 290 have inspections the way you have them now. Mr. Clausen still felt there are times when it is expensive and probably a waste to go to all the extremes when there could probably be a better method if you have an inspector on the job at the proper times. Discussion contined on the pros and cons of this subject. Mr. Clausen con- ceded that as it stands right now he can certainly appreciate Mr. Lapar saying that he as an individual can not be responsible for. verifying each case whether an installation is proper or not, it would have'to.be pretty much across the Board, but he still felt there were •two s ides to this,, and . in the ; future this .matter should again be discussed., and although Mr. Malinowski brought up some good points• there isn't anything the Board can do about it. Mr. Diehl stated that he requested Pondview be placed on the agenda as there seems to be some problems with it, or some discussion on to it. He updated the Board by recalling he, Mr. Lapar, Mr. Horton and Mr. Ruit went out there last Thursday, on that date the pipe was delivered for the installation and the wrong size pipe came in, and had to be sent back. The correct size pipe was on the scene this date. What was seen on the site that a serious attempt was made to get in with machinery and apparently the machinery bogged down. He was advised tddgy by thePondview people that a special piece of equipment was coming in tomorrow. He thinks it would be quite foolish at this time to take any drastic moves in this regard as already one house is up, a model house, and a second foundation in, and with this investment he believes they are working in good faith and will have the overflow pipe and storm drain pipes put in before the agreed time when the fourth model is completed. The agreement, conditions that were made with Mr. Lapar, Mr. Horton and himself present, were that they would install said pipe in conjunction with the building of the four models. He brought this all up to the Board, asking if they wished further discussion on it. Mr. Versace stated that his only concern was that the correction 29I (of the existing pond) was made prior to any C.O's being given out, and secondly are they going to lower the elevation of the holding pond and remove the excess two or three feet. Mr. Lapar responded that that question has not yet been discussed because there is still negotiations for contribution of funds for the piping down Bell -Air Lane and they have indicated to the Town that they would like to eliminate the whole pond because then they could get three more building lots. Mr. Versace reiterated that his only concern would be, at this point in time, that if they're going to agree that the elimination of the existing ponds, plus the two retention ponds that they were supposed to build - that would be fine if they could put in a carry -off pipe and take everything out and get rid of it, but if they continuously build in that area, and they also decide not to work with the Town to put piping in and eliminatingthose ponds we still have the original problem of the existing pond which is elevated two or three feet higher than specified. He believes no C.O's should be given until that one specific problem is corrected to meet the original approvals that were given to him. Correct the pond first before, he goes any further. Mr. Clausen, for clarification, summed up his understanding of the agreement in that the pond is going to be lowered, or the pond eliminated completely, but if the pond isn't eliminated, the pond has to be lowered by the time the four models are built. The retaining pond is to be lowered to the original approval not just overflow pipes installed. He thought the Town should go back to that developer and have him understand that if he has not decided to do away with the pond, pipe it satisfactory to the Town, then when those four models are built that pond has to be lowered to the original specification. Mrs. Snowden informed the Board that she was served with a notice of lien upon a Public Improvement by Envirodisc Corp. against Hall 44.29 2 and Company on May 19, 1977. MR. JENSEN moved to refer the matter to the Comptroller to the Town for necessary action. Seconded by M r. Clausen. Motion Unanimously Carried The following letter was received: May 19, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Sand Filters at Mid -Point Park Dear Board Members: Since we have heard no adverse comment on the rehabilitation of the Mid -Point Park Sand Filters and my recommendation that the Town Forces hire summer students or similar type of help with the supervision of Camo Pollution Control, who has agreed to supervise said project. I, therefore, recommend the Town Board authorize Mr. Horton's Department to hire said students and that all charges for such rehabilitation be charged against the Mid -Point Park Sewer District. Thank you very much. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. JOHNSON moved that Mr. Horton be authorized to hire, through his department, students to do the work under the supervision of Camo Pollution Control Inc. on this project, subject to the approval of Mr. Horton and Mr. Lapar. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Diehl under committee reports, informed the Board that about a week ago a call came from Fleetwood that there was no'water pressure, no water period at approximately 9:00 P.M. over the weekend. Camo responded and found upon calling Central Hudson tio d because they couldn't keep the motors running, the lightning resister on top of a pole had been hit with stones and been broken off, and was shorting off and on. While Central Hudson was on the scene they also checked the large transformers and found there were many marks and dents, on them from something being thrown at it. The alarms were alsofound tobe destroyed due to the shorting out and new motors had to be purchased for them. This was just an update on the vandalism that is still apparent at the Fleetwood plant. Mr. Incoronato asked if the guards have caught anybody. Mr. Diehl responded that the reports coming from them was very suc- cessful, but haven't seen any vandalism taking place. Mr. Incoronato suggested the watchman be kept at Fleetwood for four or five hours a night, or for a number of weekends and at sporatic times. If they are going to put three or four thousand a year into vandalism, they ought to put some of that towards protection. Mr. Incoronato also touched on the completion of the basketball courts for Fleetwood. There still isn't recreation in this area, this might be part of the vandalism scene down there, the Town hasn't done anything for the Fleetwood kids. When is the basketball court going to be done. MR. DIEHL moved that a letter be written to Mr. Maurer asking him to give a date of completion and when the entrance to the will be resurfaced. Seconded by Mr. Versace. Roll Call Vote: Councilman Clausen Councilman Jensen Councilman Johnson Councilman Versace Supervisor Diehl 6f the basketball court at Fleetwood, road at the Quiet Acres playground _ Aye Nay Nay Aye Aye 293 294 Mr. Jensen reported that Tri -Municipal Commission had received their first reimbursement check last week which was some $800,000 plus. These dollars were for vouchers -that have already been submitted to the Commission and have paid back 75% of those vouchers. Secondly, the consultants are now sizing the Modular Treatment Plant on the Hudson River per the request of the. EPA for the immediate pop lation needs in the "core" , area. On the Town of Wappinger Water & Sewer, he believes there should be a meeting scheduled very shortly with the operators and the Engineer to the Town on the Town's Water & Sewer Plants. In the past he has called meetings with just the committee and the operators, but within a week or so he will be calling a meeting with the whole Board so to possibly understand where we are with some of the problematic areas. A tentative date of June 1st at 7:00 P.M. was set. Mr. Diehl brought up Mr. Lapar's report on a master .water meter that -had been discussed for White Gates. The cost would be in the neighborhood of $7,000. It would seem to him that there were better uses for $7,000. On reflection Mr. Lapar agreed with Mr. Diehl. Mr. Clausen mentioned that Mr. Horton had spoken to him last month some time about River Roald North, from Chtlsaa up to Route 9D, and the status of a proposed new road out to Route 9D. Someone was going to look into getting the easements. He wondered if an updated report on it could be given. He believes what Mr. Horton was concerned about was that at certain times he has fill, and it could be used to build up this area for a road if they could get some easements. He personally was in favor of the concept of this proposed road, and going ahead with it. Mr. Rappleyea said some correspondence had been directed to several of the property owners in the area, and has had no response, but he suggested that the Board could check with the County planners to see what the County maps have as proposed roads, which would then help us in subdivision layout-, Mr. Clausen asked for an update from the three gentlemen involved, and at the next Board meeting it can be assessed as to where we are. Mr. Rappleyea stated that they- still seemed to be somewhat at odds at exactly what has to be done with regard to the Truett matter. His recommendation at this point in time would be, in order to move it along, to get more direct costs to what is actually kie to be done there., and then to bid so you will know exactly what it kie will cost per foot. The next step is to authorize Mr. Lapar to bid it. MR. CLAUSEN moved to direct the Engineer to the Town, Mr. Lapar, to advertise for 100 feet of installed piping along the easement of the Truett property as previously agreed upon and understood by the Town Board and Mr. Truett. Seconded by Mr. Diehl Motion Unanimously Cariied Mr. Clausen stated that he and Mr. Versace had had several resi- dents in the Rockingham development complain to them that during the early evening hours there is an odor that permeates from the sewer plant and they believe the operators come down, do something to the plant, and the odor goes away. The residents would like to know if the operators couldn't service this plant more frequently, another way, or another time so they don't have to bear with the odor that comes just as evening approaches. He asked Mr. Lapar if he would check into this. Mr. Diehl had one more item for the Board's consideration. He would like to recommend that for the summer months, June, July and August 1977, that the Board consider having only one regular meeting per month rather than two. MR. JENSEN moved that the Town Board meet only once a month during the months of June, July and August 1977, and that that meeting 2 96 be held on the second Monday of each of these three months. Seconded by Mr. Johnson Motion Unanimously Carried A memo was received from Mr. Ryan, Comptroller regarding the Ardmore Hills Water District, and he forwarded a recommendation that, in order to facilitate a smooth transition, Thomas Logan, Assessor be authorized to set up this district on the tax rolls, based on the Engineer's recommendation in his report of April 1974. MR. CLAUSEN moved that Thomas Logan be directed to proceed with preparing the Assessment Rolls for the Ardmore Hills Water District. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Versace commented that a few months ago he had brought up the repaving of the roads in the Ardmore District, that it should be a Highway charge, and had asked Mr. Lapar to prepare a Change Order for this contract to accomplish this, that the paving be deleted from that bond issue. He has not as yet seen a Change Order, and there seems to be some confusion as to whether it should be left in that bond, allowing the residents of that district to pay for the repaving of the roads. His belief was that the Town had established a policy that in any improvement area that the repaving would be done by the Highway Department. He wanted to know why he hadn't seen a Change Order. Mr. Lapar indicated there had been numerous communications back and forth and he was not aware that had become a definite policy of the Board. In the other districts the Board was trying to save money, but in this particular district the bond issue was some $350,000 and the contract will come in at about $250,000. The problems that existed in Wappinger Sewer and Central Wappinger Water do not exist with this district. He had asked for direction on how the district 297 water was going to give the money to Mr. Horton, how it was going to be given, who's already complaining that he has money owed to him; some of the other projects that were spoken of tonight, and Mr. Lapar wanted to know, if those roads were left unpaved, who does he direct the phone calls to. Mr. Versace continued to main- tain that he felt it was highway improvement and the improvements of the roads would benefit all the residents and he can't deviate from one district to the other, all should be treated the same. Mr. Versace then asked that Mr. Ryan be asked to attend the June meeting to bring out the amount of money we have left in Federal Revenue Sharing and how much left in the capital, so they could find out where money could come from to do the roads by Highway. Mr. Lapar remarked that he did not believe the Board had ever given him a resolution to put in a Change Order to delete the paving in Ardmore, it had just been a request of Mr. Versace. Mr. Jensen finally commented to Mr. Versace that in Central Wap- pinger Water and Wappinger Sewer Improvement #1 there was a massive amount of work done on those roads, and those roads were ripped up rather badly and there was a need for some of those roads to be replaced anyway, at that time, so it was then the feeling of the, Board then that possibly the money in that instance should come from .a town wide charge, and it .would help those districts as :they were town used roads. In Ardmore Hills most of the work is being done on the sides of the 'roads and the roads themselves will not have to be re -topped, work to be done is not as extensive as in the other improvement afeas. MR. VERSACE moved that Mr. Horton be requested to prepare cost figures for the roadwork that would be required in the Ardmore Water District, and Mr. Lapar to break out the highway paving figures from the Ardmore Hills Water District contract. Seconded by Mr. Clausen Motion Unanimously Carried ,298 A notice was received from the New York State Public Service Commission that the adjourned hearing on the Wappinger Park Homes Inc. for increased water rates would be held on June 8, 1977 in the Town of Wappinger Town Hall. MR. JENSEN moved the notice of hearing be received and placed on Seconded by Mr. Johnson. _ Motion Unanimously Carried The letter from Fred J. Lafko regarding his bid on Improvements to Various Sewage Treatment Facilities was referred to the June meeting. The following letter was received: May 16, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Fenmore Drive Manhole Complaint Dear Board Members: At the May 9, 1977 meeting of the Town Board, a resident of Fenmore Drive complained about the depression of manholes on Fenmore Drive. I agreed to have the Contractor look into it, stating that he didnot have this contract completed. The fact is, that he did not have the contract completed. However, all paving and grading on this project is the responsibility of the Highway Dept. I contacted the office of Mr. William P. Horton, Supt. of High- ways and spoke to his secretary. I was informed that this road, (I have driven thru Fenmore Drive), which is similar to many other roads in the Town have not had their final paving. When the final paving is done, it has been indicated to me that any problems that now exist, will be alleviated. Thank you very much. Very truly yours, s/ Rudolph E. Leper, P.E. Mr. Diehl asked Mr. Horton if this matter was going to be corrected, to which Mr. Horton replied affirmatively. 290 Mr. Versace asked Mr. Rappleyea if he had had any results with Mr. Steinberg (in the Dara Lane situation). Mr. Rappleyea stated he was about to issue some legal processes. What would be done is sue both the bond holder and the corporation involved. He has had no response from either one as yet. Thebond might not cover this type of a situation however. Mr. Versace said he would like to have a meeting with the principals, the other avenue is that maybe the Town Board could withhold any building permits that are in that existing area until they do meet with the Board. MR. VERSACE moved to direct Mr. Ruit to be alert to conditions that may exist in the Dara Lane-Reggy Drive Subdivision that depth of the water lines as shown on the plot plans and may elect to withhold any building permits that indicate the plot plans are not as shown on the specifications. Seconded by Mr. Clausen Motion Unanimously Carried Mr. Truett, being recognized by the Board, thanked the Board for the stop signs erected in Angelbrook Estates, but they are having a little problem with them, people are going through them, and they would like to request some police supervision. Mr. Clausen asked if Mr. Truett didn't think this was an internal problem if in fact it wasn't residents of that development who were going through these stop signs. If the citizens themselves don't take some responsibility to cooperate to obey some �f the laws we have without calling police, police, police, the Board can't pass them then have to police them. The residents themselves have to take some responsibility, and they can call the Sheriff or State Police. Mr. Diehl said he would call the Sheriff and ask that tickets be issued this time. Mr. Jensen commented that when the request was made he had cautioned this would happen. Mr. Johnson bad received the following letter: 300 May 9, 1977 20 Dorett Drive Wappingers Falls Subject "Dead End" Safety Sign to be placed at the entrance of the cul de sac of Dorett Drive. When I passed you playing ball I was reminded that I did not write you the letter I promised, at the previous Town meeting. We spoke that for the safety of the children playing in the cul de sac that a "Dead End sign was a necessity. This would also alleviate the apprehension' of the "Mothers" when trucks and cars race in and out. Sincerely, s/ Joseph F. Schussler Mr. Johnson referred the request to Mr. Horton for whatever appropriate action he may be able to take. MR. CLAUSEN moved the meeting be adjourned, seconded,by Mr; -Jensen and unanimously carried. The Meeting. adjourned at 11:06 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 5/23/77 c,.