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1977-05-09 RGMAGENDA - TOWN BOARD TOWN OF WAPPING.ER PAY 9, 1J77 1. Supervisor Call Meeting to Order 2. .Roll Call 3. Reports of Officers Town Justices,.Bldg. insp., Zng. Adm., Rec. of Taxes 4. Resolutions 1. Care -a -Van (Office of Aging) 2. D'Agostino Rezoning 3. Transfers 4. Transfers -Shortfall of Funds 5. Local Law Publication Brief Description of Ordinances 5. Petitions & Communications a. Richard Carter, Attrny. re: Property of Hindu Samaj, Inc. Tax Exemption b. F. Lafko re: bid on Improvements to Various Sewage treatment facilities. - c. R. Woodard, Village Crest Apts, re: municipal water line. d. R.Lapar re: White Gates Apts. re: master meter e. William Bulger re: permission to attend con="erence St. Lawrence Univ. July 24 thru 30th. f. John LaMothe re lower speed limit, Brothers Rd. g.. Recr. Comm re: Basketball courts Fleetwood h. Ping. Bd. recommendation re D'Agostino Rezoning i. Ping. Bd. re; Designation of Conservation Adv. Council as Reviewing Agency for Entitlement Actions. j. Ron Friedman to E. Hawksley & L. Diehl to Hawksley re SEAR Law. k. Memo, M.Ryan to Town Board re Ardmore Hills Water 1. Peddler's License, Frank Kehoe, Hot Dog Truck m. Resignation of Lynn Huber from Wapp. Conservation n. Jon Adams re: Conservation Adv. Council. Reviewing Agency. 6. Committee Reports 7. Unfinished Business a. Jon Adams re: Stotz Lease b. R. .Lapar re informal bids analysis of Fltvi. Water. c.. R. Lapar re Spare Parts List Oakwood, Fltwd. 8.: New Business 9. • Adjournment L L The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on May 9, 1977, at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:14 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town Reports for the month of April were received from the Town Justices, Building Inspector, Zoning Administrator and Receiver of Taxes. MR. CLAUSEN moved the reports from the Town Justices, Building Inspector, Zoning Administrator and Receiver of Taxes be accepted and placed on file. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Incoronato, being recognized by the Chair, asked what happened to the reports that had been received from Mr. Ryan, Comptroller on the Water and Sewer Districts, the Board used to have them every month. MR. VERSACE moved to direct the Comptroller's Office to have the monthly report on Water and Sewer for the Town Board. Seconded by Mr. Clausen. Motion Unanimously Carried The following Resolution was introduced by SUPERVISOR DIETM who moved its adoption: WHEREAS, the County of Dutchess, through its Office for the Aging, has proposed to the Town of Wappinger that the "Care -A -Van" service, which service is operated by the County of Dutchess for citizens of the Town of Wappinger and other citizens will be 252 253 continued from August 1, 1977 through July 31, 1978, and WHEREAS, it is estimated that the services to be provided will cost between the sum of $9,000.00 and $10,000.00 NOW, THEREFORE, BE IT RESOLVED that the Supervisor is hereby authorized and directed to enter into negotiations and to contract with the County of Dutchess (Office for the Aging) for said "Care -A -Van" Services for the residents of the Town of Wappinger at a cost not to exceed the sum of $10,000.00. Seconded by: Councilman Clausen Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by COUNCILMAN CLAUSEN who moved its adoption: 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 790 11' 10" East from a New York State ;Monument at the intersection of the wester- ly side of Route 9 with the southerly side of Smithtown Road. Running thence South 50 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 820 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 6° 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 inter- section of the easterly side of Old Post Road and the southerly 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 760 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. MR. VERSACE moved that a Public Hearing be held on May 23, 1977 at 7:00 P.M. at the Town Hall, Mill Street for the purpose of considering an amendment to the Zoning Map of the Town of Wappinger for D'Agostino's Nursery, at which time all interested persons will be heard. Seconded by Mr. Clausen Motion Unanimously Carried The following request was received: Memo To: From: Re: Town Board Members Matthew W. Ryan, Comptroller Transfers of Funds May 3, 1977 Please make the following transfers: FROM A/C # Title DO A/C # Title 254 A1110.2 Justices -Equipment $1,500. A1110.4 Justices -Contractual A1990.4 Contingency 800. A1910.4 Unallocated Ins. In so far as the Justices transfer is concerned, certain items were budgeted as "equipment" and should have been budgeted as "contractual". The Insurance item simply reflects an added premium for blanket bond coverage for Supervisor, Deputy Supervisor and Receiver of Taxes. Thank you for your cooperation. MR. CLAUSEN moved that the Comptroller be authorized and directed to tranfer the sum of $1,500 from Account #A1110.2 Justices - equipment to Account #A1110.4; and, transfer the sum of $800. from Account #A1990.4 Contingency to Account #A1910.4 Unallocated Ins. Seconded by Mr. Jensen The following request was received: Memo To: From: Re: Motion Unanimously Carried Louis D. Diehl, Supervisor Matthew W. Ryan, Comptroller Shortfall of Funds May 2, 1977 Due to the method of the collection of taxes (Tri -payment) approximately 72% of the Town's taxes have been received. This has created problems for our debt service payment due on May 17, 1977. The Drainage and Wildwood Sewer debt monies are on hand but the Sewer Improvement #1 and Central Wappinger Water monies have not been totally received. Listed below are the districts, funds needed and excess or deficiency in the debt service fund as of May 1, 1977. It should be noted that an excess does not at this time mean a surplus. In some areas additional payment (s) are due later in the year. 255 District/Fund Debt Service Available Surplus/Shortage Wildwood 19,036.09 25,011.73 5,957.64 S.I. #1 259,034.67 207,462.60 (51,572.07) CWW 239, 282.16 172, 702.46 (66, 579 .70) Drainage 56,403.66 86,110.00 29,706.34 I recommend to the Board a temprary-transfer from the respective capital accounts to the districts involved - repayment to be made as taxes are paid. Mr. Diehl remarked that the problems have arisen due to the tripayment system of collecting taxes, and it hasn't only been difficult for the water and sewer districts, the Fire Companies are also experiencing problems with this method of collection also 30% of what was normally paid in the past has not been paid, there- fore as some of the interest payments become due at the bank, it must be paid, and in lieu of the money that will be coming in at a later date this would be a temporary transfer to pay the bank notes. Mr. Versace stated that when you're discussing this kind of a trans- fer in this amount of money, he believes that Mr. Ryan should have forwarded, along with this correspondence the amount of money we did have available in the capital accounts. Anytime we have transfers such as this we should have all the figures available to us so we would know exactly how much we would have left after making a transfer. Mr. Diehl directed the Comptroller be so informed of Mr. Versaces' comments. MR. DIEHL moved that a temporary transfer be made from the respective capital accounts of the Wappinger Sewer Improvement #1 and Central Wappinger Water Improvement to the districts involved, and that repayment be made as taxes are paid this year 1977. Seconded by Mr. Jensen. Motion Unanimously Carried As a Public Hearing had been duly held on May 9, 1977 on a local law providing for the publication of a notice and a brief description of ordinances of the Town of Wappinger, the matter was placed before the Board for their consideration. :256 MR. CLAUSEN moved the adoption of the local law providing for the publication of a notice and a brief description of ordinances of the Town of Wappinger subject to a permissive referendum. Seconded by Mr. Johnson. Motion Unanimously Carried LOCAL LAW NO. 4 OF THE TOWN OF WAPPINGER A local law providing for the publication of a notice and a brief description of ordinances of the Town of Wappinger. Be it enacted by the Town Board of the Town of Wappinger as follows: Section 1. Every ordinance and every amendment or supplement to an ordinance hereafter adopted or approved by the Town Board of the Town of Wappinger which is or may be required to be published in one or more newspapers in order to make such ordinance, amend- ment or supplement effectual shall not be so published in full, but it shall be sufficient to publish in such newspaper or news- papers a notice setting forth the title thereof, a brief description of the provisions thereof and a statement that the full text thereof is on file and may be inspected in the office of the Town Clerk. Section 2. This local law shall supersede in their application to the Town of Wappinger the provisions of SS 133,264, and 265 of the Town Law relating to publication only of an ordinance, amend- ment or a supplement to an ordinance adopted or approved by the Town Board. Section 3. This local law shall be subject to referendum on petition pursuant to S24 of the municipal home rule law and shall take effect immediately upon filing in the office of the Secretary of State in accordance with S27 of such law. A letter was received from Richard J. Cantor representing Hindu Samaj, Inc. addressed to the Town Assessor. The communication was regarding a tax exemption for this religious corporation. kwe MR. DIEHL moved Mr. Cantor's letter be referred to the Attorney to the Town for his advice, and it is in the hands of the Assessor already. Seconded by Mr. Clausen. The following letter was received: Motion Unanimously Carried April 27, 1977 257 April 27, 1977 Town of Wappinger Wappingers Falls, N.Y. Attention: Elaine Snowden, Town Clerk Dear Elaine: With reference to our bid on "Improvements to Various Sewage Treatment Facilities" we believe you are holding the contract for signing, as we understand you are in the process of funding this project. Kindly up -date us as to this project. Thank you in advance for the courtesey extended. Respectfully yours, s/ Fred J. Lafko Mr. Diehl directed Mr. Lafko's letter be tabled to the May 23td regular meeting. The following letter was received: April 28, 1977 Mr. Louis D. Diehl, Supervisor Mr. Louis C. Clausen Mr. Leif W. Jensen Mr. Frank P. Versace Mr. Nicholas Johnson Town of Wappinger Town Board Mill Street Wappingers Falls, New York Gentlemen: Please pardon my delay in writing as I have been involved in a meeting in Hawaii for the past two weeks and just returned to the office. It was while I was away, on April 18, 1977, that title to the Village Crest was transferred to Vilcrest, Inc., a wholly owned subsidiary of Chase Manhattan Bank. I did not know until Friday, the 15th, at which time I called Lou Diehl that Chase had decided to abandon our plans for the installation of a municipal water line for the Village Crest. I am certain you are aware that this knowledge came as a surprise to me. The President of our Company, Mr. Robert E. Morgan, and I were convinced that the installation of the water line and the formation of the district was necessary to make the project viable. Evidently the new owner did not agree and, since the agreements with the various participants had not been signed, and construction not started, they decided at this point to postpone a final decision until such time as an adequate investigation could be made. I am truly sorry that this plan was not consummated. I think it is a mistake. I do want to thank all of you very much for your past assistance and cooperation. Sincerely, First Newport Realty Investors -Richard R. Woodard, Projects Manager 258 MR. DIEHL moved the letter be received and placed on file with a copy of the letter be sent to the Dutchess County Department of Health and Dutchess County Department of Planning and the Town of Wappinger Planning Board. Seconded by Mr. Johnson. Motion Unanimously Carried The following letter was received: May 2, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Dear Board Members: In my discussion with Mrs. Pauline Egan of the Town Water and Sewer Department, it has come to our attention that due to the emergency situation that occurred at the White Gates Apartments last year, a master meter was not placed. I think it would be to the best interest of the Town, that such an oversight, due to the time factor conditions, should now be rectified. During our construction of the Ardmore Hills Water System, along MacFarlane Road, we have seen indications of some leaking within their system. The problem here of course, is that, any leaking within that system is being paid for by the Town and we feel that this is unjust. It should be noted, that the Town is placing a master meter at the Hidden Hollow Apartments. Perhaps this would be a very, very wise economy for the Town to do the same for White Gates Apartments. Thank you, Very truly yours, s/ Rudolph Lapar MR. DIEHL moved that a master meter be ordered and installed at the White Gates Apartment. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Versace stated he had no objections to the meter but since White Gates does have a leaky system out there, they should be asked to rectify and repair the leaks the same as the individual homeowner. Mr. Diehl would agree to that, and assumed that Mr. 259 Lapar has found such leaks, is aware of them, and is in the process of action or has taken action. Mr. Lapar reported that his inspection on the project indicated that that system appeared to have some leaks, but he has not written a formal letter to White Gates since he hasn't had direction from the Board to do so. Mr. Diehl directed that Mr. Lapar ascertain if there are leaks in the White Gates water system and so notify them to make the necessary repairs. The following memo was received: April 28, 1977 Town Board Members Town of Wappinger Gentlemen: I recommend affirmative action in installing two (2) water hydrants in the Orchard Home area of the Central Wappinger Water District. This will resolve the problem of air and other related problems to the residents of this area, plus an added asset in fire protection. Mr. Lapar and Camo Pollution have recommended this action in the past. To facilitate this action, if formal bids have been received I would recommend accepting the lowest bid, if not I recommend that the two (2) hydrants go to immediate formal bidding. To my knowledge bids or prices have been received at approximately $3,500.00 per hydrant. I have been assured by the Comptroller that said money, approxi- mately $7,000.00 is available in the Capital Account of Central Wappinger Water #1. Very truly yours, s/ Louis D. Diehl, Supr. MR. DIEHL moved that Mr. Lapar be authorized to seek formal bids for two hydrants in the Orchard Homes area of the Central Wappinger Water Improvement Area to be bid both ways, with and without the by-pass valve. Seconded by Mr. Clausen Motion Unanimously Carried uo A request was received from Judge Bulger to attend the annual Conference at St. Lawrence University Canton, New York, July 24th through July 30th, 1977. MR. CLAUSEN moved to grant permission to Judge Bulger to attend the Conference at St. Lawrence University and that his legitimate expenses be a Town charge. St5conded by Mr. Johnson Motion Unanimously Carried The following letter was received: May 2, 1977 Elaine Snowden Town Clerk, Town of Wappingers Falls Town Hall Mill Street Wappingers Falls, New York Dear Ms. Snowden: I have become increasingly concerned about the well being of my property at 49 Brothers Road in the town of Wappingers which is located on a hazardous curve. It appears that motorists do not respect the severity of the curve and as such either swerve to the opposite side of the road or violate my property rights. As such I have lost two mail boxes. My neighbors also find themselves in the same predicament with their property damage greater than my own. I am fearful for the lives of the children who play in the area as motorists refuse to obey the lawful speed limit. I respectfully request that a lower speed limit be placed around this curve and that a double yellow line clearly depicting the lawful traffic avenue. I mn only state the need for such action and respectfully request a prompt response by the Town Board. If necessary, I will petition all local residents to validate and document my concern. Thank you for the consideration of my request and I sincerely hope that this matter will be resolved. Sincerely, s/ John LaMothe 49 Brothers Road Wappingers Falls, NY MR. JOHNSON moved that the Highway Superintendent be directed to install a curve sign or double yellow line, whichever the Superin- tendent deems best suited to the area. Seconded by Mr. Clausen Motion Unanimously Carried 261 Mr. Jensen asked that the Supervisor forward a copy of Mr. LaMothe's letter to the Sheriff's Department and request some additional patrols to patrol this road. The following report was received: May 2, 1977 Town Board Mill Street Wappingers Falls, N.Y. Gentlemen: In answer to your letter of April 12, 1977 concerning the basketball court at the Fleetwood Development, the court shall be installed within the next week or two. Yours truly, s/ Hugh J. Maurer Chairman MR. JENSEN moved the report be accepted and placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried A recommendation was received from the Town of Wappinger Planning Board regarding the rezoning request of D'Agostino's Nursery. MR. DIEHL moved the Planning Board recommendation be received and placed on file, to be introduced at the Public Hearing for the rezoning. Also, inform the Planning Board of the date for this Public Hearing. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: May 4th, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, NY Re: Designation of the Conservation Advisory 'Council as the Reviewing Agency for Entitlement Actions Gentlemen: At the May 2nd, 1977 Planning Board meeting, a motion was 262 made by Mr. Porter, seconded by Mrs. Keeler, to designate the Conservation Advisory Council as the reviewing agency for all entitlement actions undertaken by applicants before the Planning Board. The motion was unanimously carried. Very truly yours, s/ Betty -Ann Russ, Secr. T/W Planning Board MR. JOHNSON moved this letter from the Planning Board be received and placed on file, as the Town Board has already taken action on this matter. Seconded by Mr. Clausen. Motion Unanimously Carried A letter from Mr. Diehl, directed to Mr. Hawksley, Chairman of the Conservation Advisory Council, enclosing a copy of a letter received by the Supervisor from Mr. Ronald Friedman was received. The information contained related to Mr. Friedman meeting with Mr. Hawksley in connection with some questions on the SEQR recently passed by the Town Board. MR. CLAUSEN moved these communications be received and placed on file. Seconded by Mr. Jensen Motion Unanimously Carried A memo was received from Mr. Ryan, Comptroller regarding rates for the Ardmore Hills Water Improvement Area. MR. JENSEN moved that Mr. Ryan's memorandum be tabled for dis- cussion and study. Seconded by Mr. Clausen. Motion Unanimously Carried An application was received from Frank Kehoe for a Hawking and Peddling License. The application had been referred to the -263 Dutchess County Sheriff's Department, and returned indicating no criminal record on file. MR. CLAUSEN moved to approve the application and grant Frank Kehoe a license for Hawking and Peddling in the Town of Wappinger. Seconded by Mr. Versace Motion Unanimously Carried The Clerk info/wed the Board that the resignation of Mr. Lynn Huber, as a member of the Conservation Advisory Council had been received. MR. JOHNSON moved Mr. Huber's resignation be received, and a letter of thanks for his %%Park on the Conservation Advisory Council be sent to him. Seconded by Mr. Diehl Motion Unanimously Carried The following opinion was received: May 3, 1977 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Gentlemen: With respect to the letter of Edward S. Hawksley dated April 1st, 1977, suggesting that the conservation advisory council be delegated the responsibility of determining whether any direct actions by the Town will have any significant effect on the environment, and if so, that it be permitted to perform the necessary review procedures, it is my opinion that there is no legal impediment preveiting the Town Board from so delegating this responsibility if it so desires. If this is the wish of the Town Board, a simple resolution will be sufficient to delegate those responsibilities to the Town Board. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams MR. CLAUSEN moved that the Conservation Advisory Council be granted the authorization to review Section I, Type I grants or permits that may have a direct effect upon the environment. Seconded by Mr. Versace Motion Unanimously Carried s Mr. Chester Malinowski, 5 Brothers Road, being recognized by the Chair, had a,grievance regarding the requirements for installing the house service connection for water imposed by the Town. He objected to the requirement of six inches of sand under the pipe and twelve inches of sand over the pipe. He figures for every 10 feet of pipe it will take a yard of sand, and as most resi- dences are 60 to 70 feet back from the road, this will take 6 to 7 yards which will probably cost $70 and to remove the dirt an equal sum. Mr. Diehl stated that this matter would be referred to the Water and Sewer Committee, and he would also ask Mr. Lapar to answer in writing the reasons why these requirements must be met, and why they have been formulated as policy by the Town Board. Supervisor Diehl called for a 10 minute recess so that the Board might discuss some litigation problems. Recess called at 8:59 P.M. Supervisor Diehl called the meeting back to order at 9:10 P.M. All Board members were again present. Mr. Diehl reported that the Attorneys to the Town had made up a restraining order and,a preliminary injunction and legal action against the Town of Poughkeepsie and City of Poughkeepsie, or any municipality, from importing rubbish, junk, garbage of any type into the Town of Wappinger. At this time, in view of the fact that it is understood that the City and Town of Poughkeepsie is not, nor intends to do so at this time, he offered the following motion. MR. DIEHL moved that the Attorney to the Town be litiPtructed to keep a hold on this action and be ready to institute, if necessary. Seconded by Mr. Clausen. Motion Unanimously Carried 264 „ ,42,6 Mr. Rappleyea interpreted the motion as instructing him not to serve the preceeding that was prepared and commenced but not served, and hold it in abeyance, unless any further activity comes to the Board's attention or his attention, not to do anything further until such time. Mr. Diehl affirmed this and added that Mr. Rappleyea would be automatically instructed to take immediate action without further Board action if that should occur. A letter was received from Edward Sailer, but due to the fact it was received late for the agenda, it was directed held over to the next meeting. MR. CLAUSEN moved that since Robert Ruit has been temporarily appointed, in addition to being Building Inspector, as the Town Zoning Administrator, that on the basis of an annual $2,000.00 a year extra salary for his Zoning Administrator duties that he be paid on a quota as time is being served out the year the additional salary, and that the transfers be made from the Zoning Administra- tor's budget as adopted. Seconded 4y Mr. Diehl Motion Unanimously Carried The following letter was received: 5 May 1977 Town of Wappinger Board Town Hall Mill Street Wappingers Falls, New York Dear Town of Wappinger Board members, I greatly appreciate the time and assistance given to Charles Brown and our downstream drainage committee in allowing us to help you in making your final decision on downstream drainage. It just goes to show that if we all get together and sit down to discuss problems concerning our community a fair decision to all can be reached. On behalf of the Wappingers Falls Chamber of Commerce I wish to thank the Town Board for their open-mindedness and cooperation in this matter of most importance to the businesses and residents of 266 of our Town. As other matters arise in which we can be of help, we would feel honored to sit down with the Board and discuss the problems. Sincerely, Norman Nussbickel, Pres. MR. JOHNSON moved the Chamber letter be received and placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Clausen directed a question to Mr. Nussbickel regarding the upkeep of landscaping around commercial establishments. Some are kept neat some aren't. Could the Chamber generate some awareness among these commercial establishment.owners, help the visual environment in Wappinger along Route 9 - perhaps the Chamber could sponsor a contest or something along these lines, that would bring about a better visual atmosphere. He felt if they could get a feeling of proper maintenance along Route 9, the residents of the Town may not object as strongly, as they do in some cases, to certain types of business that now exist there. He personally has mixed feelings, he is for the business community, for Route 9 being commercial, wherever possible, and on the other hand, when you indicate you are for Route 9 commercial development, and you're cognizant of some of the unsightly businesses that are there, you wonder on what basis you are granting commercial development of businesses along Route 9. In the spirit of cooperation, thought should be given to a better visual atmosphere. There should be awareness of this issue. Mr. Nussbickel agreed with Mr. Clausen and believed such a letter could be distributed to all the businesses. Under Committee Reports, Mr. Versace asked Mr. Lapar if he had contacted Mr. Cacchio to find out how much footage was left to flush out in Oakwood and Fleetwood. Mr. Lapar had the figures, 287 but not with him this evening. He wasn't sure however, whether the Board had intended him to report on this or whether they had wanted Camo to supply the data. Mr. Diehl remarked that he thought the Board would like someone to say do they need to go further or not, if not necessary, no need to spend the money. Mr. Clausen - thought the Board was pretty much in agreement that to prevent backups in these lines that a regular program of flushing be carried on by the Town. Where we are now is what part of those lines were flushed, and which part needs flushing and get on a regular flushing schedule. Mr. Johnson said he believed what was needed was to, through Mr. Lapar's office, to Mr. Cacchio, subtract those lines that were given an emergency flush, do not have to be done on a regular basis from the total, and give to the Board what is left so that they can look at what is left of the whole picture. Mr. Versace asked Mr. Lapar when did he aniticpate on reporting back to the Board on the plan of study for the lateral #3. Mr. Lapar indicated he had talked to the EPA, and is now writing that application, he would say, by early next month. Mr. Clausen brought up the subject of testing the water in the Fleetwood Development and the following letters were read: April 26, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Dear Board Members: As requested by Mr. Lou Clausen, at the April 25, 1977 meeting, enclosed herewith is a list of Contractors we contacted asking to submit informal bids for the chemical analysis of various house water connections within the Fleetwood Water District. Also enclosed is a copy of the informal bid. Very truly yours, s/ Rudolph E. Lapar, P.E. 2G8 May 9, 1977 Town Board, Town of Wappinger Town Hall Mill Street Wappingers Falls, N.Y. Re: Chemical Analysis - 50 Homes Fleetwood Water District Dear Board Members: Enclosed please find for your perusal five (5) bids on the above maptioned service. Since there have been several questions as to which tests should be performed, I recommend that Camo Pollution Control, Inc. and/or the Dutchess County Health Department who have handled most of the complaints, make a final determination on just which tests should be performed and which ones eliminated. After that determination, the lowest responsible bidder can be determined by the Town Board. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Clausen commented the reports answer his questions, but the problem is that this started more than six months ago, it just seems that this has taken too long. Mr. Jensen pointed out there were six or seven basic tests set up for the water companies to bid against and on the outset of this request it was decided to go for these at least, and at a later time it could be determined if it would pay to have all the tests done, or possibly delete those tests that don' -t have to be done, arrbos.ib a cost per house and advise the residents what the cost would be. He doesn't dispute that it has taken too long, but they have the bids now and an intel- ligent decision can be made now. The Dutchess County Department of Health should make the determination of what tests are needed. MR. CLAUSEN moved that a letter be sent to the Dutchess County Health Department and Camo Pollution Control, Inc. asking their direction and advice as to what tests should finally be adopted within the Fleetwood Development, and a response, if possible, by next Town Board meeting. Seconded by Mr. Jensen. Motion Unanimously Carried 28 The following report was received: May 5, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Spare Parts List Oakwood S.T.P., Fleetwood S.T.P. Rockingham S.T.P., Hilltop Water Dear Board Members: We have enclosed herewith, a copy of a letter from A. Dorothy Wisseman, Office Manager of Camo Pollution Control, Inc. indicating the spare parts list. We are still'awaiting the list of the equipment that they feel should be on the site and where it should be. Thank you very much. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Johnson asked Mr. Lapar if he had an idea of the costs that go along with these spare parts. He feels someone should have the prices. MR. JOHNSON moved that Rudolph E. Lapar be directed to get prices of the spare parts recommended by Camo. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Johnson, under unfinished business, brought up the drainage problem on Martin Drive, had Mr. Lapar checked into the easements? Mr. Lapar affirmed that he was in the process of doing so. Mr. Hawksley, being recognized by the Chair, stated that in the 1977-78 State Budget it included an item which provided a 50% reimbursement to Towns for implementation of Wetlands Act and SEQR. One requirement was that the Conservation Advisory Council have a budget of at least $1,000, of that 50% would be reimbursable. He proposed that the tentative budget he worked up for $1,295.00 which ultimately would be a total expenditure to the Town of $400 over the current figure in their budget. He asked the Board to authorize this budget so the Conservation Council could get this program moving. ME. VERSACE moved that the sum of $1,295.00 be transferred from either General Fund or Contingency to line item A8090.4. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Clausen stated that the Town Board had met with Mr. Truett several times over an extended period of time to try and resolve the drainage problem that exists along his property line. At the last meeting it was again projected at a cost of approximately $10,000 with an additional $2,000 donated by Mr. Truett for work to be completed alongside of his line, whereby the easement through which the water now flows can be corrected. In addition to that he believes Mr. Truett is willing to put up a chain link fence along his property line and the front of Alpert Drive, and possibly the other side of the easement. Whatever the final arrangements are, they have got to get a formal report before the Board from Mr. Lapar's office as to the exact agreement from Mr. Truett and the Town and the exact costs. MR. CLAUSEN moved that Mr. Lapar and Mr. Rappleyea be directed to present to the Town Board at the next meeting a workable solution with costs resolving the Truett drainage problem, as many meetings have indicated, and that the transfers of money be transferred from lb, the Federal Revenue Sharing Account. Seconded by Mr. Versace. Motion Unanimously Carried Mr. Diehl remarked that he was under the impression that Mr. Truett would give up to $2,000 or contribute the chain link fence. Mr. Johnson believed that at the last Board meeting, Mr. Rappleyea had been directed to come up with some kind of letter of under- standing or put the dollarsin the right places, he also believed Mr. Truett had agreed to put in up to $2,000 and put in a fence. Mr. Versace stated he would like that clarified, he didn't believe 271 it was agreed to do both, either the fence or the $2,000. Mr. Rappleyea asked if the Board wanted it entirely fenced. Mr. Diehl responded that he believed the area that is not going to be piped must be fenced on all sides, and the Town do the job. Mr. Robert Kluess, 29 Fenmore Drive, being recognized by the Chair, wished to bring to the Board's attention a situation that exists on Fenmore Drive from Myers Corners up. This was recessed sewer covers. Some are very deep, what could be done. Mr. Lapar commented that that contract was not finalized. Mr. Lapar was directed by Mr. Diehl to look into this situation and report back to the Board at the next meeting. Mr. Clausen mentioned that on Widmer Road the same situation exists, he asked again that Widmer Road be considered as far as looking into the necessary corrections as far as catch basins are concerend. MR. CLAUSEN moved that the Town Highway Superintendent make a study and a proposal to the Town Board as to what he intends to do with catch basins that are recessed below the surface of the road that may be dangerous and hazardous to both automobiles and cyclists and pedestrians, and what course of action he intends to take on it. Seconded by Mr. Versace. Motion Unanimously Carried Mr. Versace asked Mr. Rappleyea if he had been in touch with Mr. Steinberg or the new company with regard to Spook Hill Estates and the bills that the Town paid for repairing the water lines (Dara Lane) this winter. Mr. Rappleyea stated he had sent cor- respondence to them, they had not however had any formal response. He should hopefully have some next week. Mr. Versace said if he had no response by May 23rd then he thinks that both Mr. Steinberg and the new owners should be called in for a work session to discuss this problem with them. 272 The following letter was received: May 6, 1977 Elaine Snowden, Town Clerk Town of Wappinger Town Board Gentlemen and Mrs. Snowden: T have been advised by Mrs. Constance Smith, Chairperson of the Town of Wappinger Bicentennial Committee, that on Friday, May 13, 1977 at 4:00 P.M. at the Town Monument (Bell Site) on Route 9, that the dedication of the New York State Flag and pennant will take place with Assemblyman Glenn Warren and State Senator Jay P. Rolison, Jr. participating. Mrs. Smith is to be congratulated and also the Town of Wappinger for achieving the honor of being the only Town in Dutchess County to be designated a New York State Becentennial Town. The dedication service is open to the general public and an open invitation is extended to all. Very truly yours, s/ Louis D. Diehl, Supr. Mrs. Smith was thanked for her efforts in this endeavor. Mr. Clausen asked Mrs. Smith how theTown came to be the only New York State Becentennial Town, and Mrs. Smith explained the steps were taken in order to qualify. She also mentioned that, as part of the application various events had to be planned, among them would be a parade and Community Day, which is scheduled to be held September 18th. Since there was nothing further to come before the Board, Supervisor Diehl entertained a motion for adjournment. MR. JENSEN moved the meeting be adjourned, seconded by Mr. Clausen, and unanimously carried. The meeting adourned at 9:57 P.M. 7,!ck_Ju.A(2(aLonalL4— Elaine H. Snowden Town Clerk Reg. Mtg. 5/9/77 249 A Public Hearing was held by the Town Board of the Town of Wappinger on May 9, 1977, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York on a proposed Local Law Providign for the Publication of a Notice and a Brief Descrip- tion of Ordinances of the Town of Wappinger. Deputy:SupeYviaor Clausen opened .the nearing at 7:43 P.M. Present: Louis Clausen, Deputy Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Absent: Louis Diehl, Supervisor The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized by Albert Osten of the W&SD News. All newspapers and radio stations had been notified of this Hearing. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). Mr. Clausen explained that in the past the Town has always pub- lished ordinances in their entirety when introducing or adopting them, but under this law, only a brief synopsis is needed. This will be a saving to the Town and they are an file in the Town offices, if anyone wishes to read them. Mr. Clausen asked if anyone wished to speak for or against this Local Law. No one wished to speak. Mr. Versace moved to close the Public Hearing, seconded by Mr. Johnson and carried. The Hearing closed at 7:47 P.M. CaakuLA Elaine H. Snowden Town Clerk TOWN BOARD: TOWN DUTCHESS COUNTY: OF WAPPINGER NEWYORK IN THE MATTER OF A PROPOSED LOCAL LAW PROVIDING FOR THE PUBLICATION OF A NOTICE AND BRIEF DESCRIPTION OF ORDINANCES OF THE • TOWN OF WAPPINGER. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 4, 1977, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Providing for the Publication of a Notice and Brief Description of Ordinances of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Sworn to before me this day of /, 1977. Notary Public 110 2(4d.4 KiNA laine H. Snowden Town Clerk Town of Wappinger W. and S. D. NEWS DISPLAY ADVERTISING 914-297.3723 84 EAST MAIN STREET • WAPPINGERS FALLS CLASSIFIED ADVERTISING 1 -NOTICE ta beterrthe et the et Waspinner Cuteness a County • Loc l Law rota Natio and + O ripttes ' Ordinances etAnt a ER GFV PI Ci ttas ra irinoi"'Ar Laud Law at AFFIDAVIT OP PUBLICATION State of New York, County of Dutcbeu. Town of Wappinger. • Beatrice Osten 251 of the Town of Wappinger. Dutchess County. New Yak. being duly sworn. says that he is. had it the several tithes hereinafter was. the Co -Editor -Published{ W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappinger. •Dutcheu County. New York. and that the annexed NOTICE was duly published in the said newspaper for successively.. PAS... in each week commencing on the..4 0i ....day of...May 1977, and on the following dates thereafter, namely on and ending an the....401..day 197.7, both days inclusive. U342.QrtZ.e.41... Subscribed and sworn to before me this 4tb day of May 197.2 Notary Public My commission expires ALBERT M. OSTEN NOTARY PUWIIC, STATE CF NEW YORK QUAtrIE1 l'! ' " CO UtITYA.-/7(Ay�