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1968-09-09 RGMTOWN BOARD AGENDA SEPTEMBER 9, 1968 1. Supervisor calls Meeting to Order 2. Roll Call 3. Accept Minutes, Reg. Meeting Aug. 12, 1968 4. Reports of Officers Building Inspector - Supervisor - Town Justices Bills: General: RFSD: Highway: Oakwood Sewer: Oakwood Water: County Representative 5. Petitions & Communications a. Petition to hook up to sewer - Glenn Wood, Beatty Rd. b. Dominicus petition for rezoning c. Appoint Dog Enumerator/s d. Appoint Election Inspectors - 2 vacancies e. Fleetwood Water & Sewer Order from Dept. Audit & Contr. f. A.J. Cronin re: Wildwood Sect. 11 g. Non -conforming uses, Co.&Town Ping. Bd. Recommendation received. h. Bids for Hose, JL i. Frank Bettina re: Chelsea Apts. Sewer plant 6. Reports of Committees Investigation of revision of tax payments 7. Resolutions Speed limits Fleetwood - Russell Aldrich 8. Unfinished Business Vacancy on Zng. Bd. of Appeals R. Lapar - permission to prepare bids for various storm drainage. 9. New Business 1 "7 '7 The Regular Meeting of the Town Board of the Town of Wappinger was held on Monday, Sept. 9, 1968, at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:11 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Leonce Heady, Councilman James Mills, Councilman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town William Horton, Highway Superintendent MR. CLAUSEN Moved that the minutes of Aug. 12, 1968, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Mills. Motion Unanimously Carried MR. CLAUSEN moved the Building Inspector Report and Supervisors Report for August be received and placed on file. Seconded by Mr. Heady. Motion Unanimously Carried Bills were presented in the following amounts: General Fund ---- $12,553.63 R.F.S.D. $ 815.78 Highway 15,063.35 Oakwood Water -- 112.98 Oakwood Sewer -- 633.38 MR. MILLS moved the bills be approved, subject to audit. Seconded by Mr. Finnan. Motion Unanimously Carried There was no County Representative present for a County Report. A letter was received from Mr. Glenn Wood, Beatty Road, indicating septic problems on his property. He requested relief in the form of being granted permission to hook into the Rockingham Farm Sewer District. MR. CLAUSEN moved that the matter of (Mr. Wood's) sewer hook-up be accepted on recommendation of the Engineer; the Town has set a precedent, and there are certain specifications that Mr. Wood would have to meet, - these would be spelled out be the Engineer to the Town and if he is willing to meet these specifications, 11s permission would be granted. Seconded by Mr. Mills Motion Unanimously Carried A rezoning petition was received from Stella & Philip Dominicus of a certain parcel of land situate in the general area of Rt. 9 and Osborne Hill Rd. MR. HEADY moved the Dominicus petition be referred to both the Town of Wappinger Planning Board and the County Planning Board for review and recommendation. Seconded by Mr. Clausen. Motion Unanimously Carried MR. MILLS moved Edna Roarabaugh be appointed Dog Enumerator for the Town of Wappinger for the year 1968. Seconded by Mr. Clausen. Motion Unanimously Carried Two Election Inspector vacancies were created by the resignations of Marilyn Heady (Rep.) and Marjorie Steele (Rep.). MR. MILLS moved that June Rose be appointed Election Inspector for District 10 and Barbara Jensen be appointed Election Inspector for District 7; and June Schnorr be transferred as an Inspector from District 10 to District 7. Seconded by Mr. Heady. Motion Unanimously Carried The following letter was received: Sept. 4, 1968 Town Board Town of Wappinger Wappingers Falls, N.Y. Gentlemen: Enclosed herewith are Orders of the N.Y. State Department of Audit and Control, in relation to the approvals of the Fleetwood Water Plant and the Fleetwood Sewer Plant, filed in . Office Sept. 3, 1968. s/ Elaine H. Snowden, Town Clerk MR. MILLS moved the letter from Audit and Control be accepted. Seconded by Mr. Clausen. Motion Unanimously Carried MR. HEADY moved to suspend the rules. Seconded by Mr. Mills. Mr. Cornell asked if the Board was going to take action on his removal from the Hall. MR. CLAUSEN moved to resume the rules. Seconded by Mr. Heady 179 Motion Unanimously Carried Mr. Diehl asked "what is the pleasure of the Board? Is Mr. Cornell back in? MR. HEADY moved Mr. Cornell be allowed back in the meeting as long as he doesn't have the tape recorder. Seconded by Mr. Mills. Motion Unanimously Carried Mr. Diehl asked if this met with the approval of the Attorney to the Town. Mr. Rappleyea said as long as he hadn't brought the tape recorder back into the room, he saw no reason why he couldn't attend. Mr. Walter Cronin, Widmer Road, had requested to speak to the Board regarding Section 11 Wildwood Forest He reminded the Board of his discussion with them last month regarding the drainage problem on his lot, and stated it had gotten worse. The rain on Labor Day, aside from creating rivers flowing off the road caused all 3 storm drainage sewers to back-up in the subdivision. He wrote Mr. Cornell asking him what his plans were regarding his lot, but had received no reply. Mr. Cronin's attorney contacted Mr. Cornell and, in effect was told he was willing to do the work but couldn't get on Mr. Cronin's property because of "no trespassing" signs (which have now been removed.) Mr. Cronin has been.led to believe there is a master drainage plan for this subdivision, but doesn't feel its' being complied with. He believes there is a twofold problem, drainage and roads, which should be done properly now, otherwise the problem will remain after the subdivision is complete. He asked the Board to give Section II Wildwood residents some relief as to drainage and roads and resolve some of the problems created by these, such as stagnant water, muddy and flooded roads and property, dust and dirt. Could they consider this and see what action can be taken to alleviate this. Mr. Lapar stated that the drainage as in Wildwood Section II is subject to critical review together with the roads at the time Mr. Cornell asks the Town to take over the roads. (Mr. Cornell has as yet not asked the "Town to take over the roads to his know- 180 ledge) - Mr. Cornell is in the process of putting in the proper drainage and making the road drain properly, i.e. the proper grades as per specifications. Until such time as he (Cornell) asks the Town to take over these utilities, they're in the process of being built. That is the position I, as Engineer to the Town, have to take. Mr. Cronin asked if there was any definite time when this had to take place. It was suggested this be discussed with Mr. Lapar. Mr. Cornell commented that it was a problem Mr. Cronin created himself, he is the only one who seems to have it and he said he tried to explain to Mr. Cronin but received nothing but abuse. He concluded that any agreements that Malcolm Cornell Inc. had with Mr. Cronin as per guarantee, and as per lot grade, and as per any other agreements, written, verbally or otherwise, are now null and void. Mr. Cronin denied Mr. Cornell's statements, the work was to have been completed by June 1st, not Aug. 1st; he did not abuse him , only asked him to fulfill the agreement. He had written Mr. Cornell asking what his plans regarding his property were but had had no response. He also commented that contrary to Mr. Cornell's statement that he was the only dissatisfied home owner, there was a group of 10 dissatisfied home owners. Mr. Richard :.Burns stated that a meeting had been held at his home with these 10 dissatisfied home owners and there would be another meeting Sept. 18, to which he invited Mr. Cornell. Mr. Diehl stated that he would like to see Mr. Lapar and Mr. Horton to clarify any point of Town responsibility there as soon as they can possibly check it over. Realizing that we have until '69 before the roads are turned over, but at this point they can check it out and see if there is any serious problems that the Town is in neglect on. Mr. Clausen commented that, as Mr. Lapar pointed out, the Town really doesn't get involved in this until Mr. Cornell wants to present the roads to the Town, so at this point there isn't too much that the Town can do. Mr. Cronin said ;there was only one thing further he wished to ask, that the Town enforce the Building Code, enforce the Zoning Ordinances, and Town Ordinances. Recommendations from the Town Planning Board and the Dutchess County Planning Board were received with regard to amending the Zoning Ordinance. MR. MILLS moved that a public hearing be set for Sept. 26, 1968, at 8 P.M. Town Hall, Mill St. Wappingers Falls, N.Y. for the purpose of hearing any interested persons on the proposed amendment to the Town of Wappinger Zoning Ordinance concerning non -conforming use expansion. Seconded by Mr. Clausen. 181 Motion Unanimously Carried Mr. Ludewig, Building Inspector had solicited informal bids for hose to be used at the Rockingham Farm Sewer Plant. Two bids were received (one from Excelsior -Beacon Corp., the other from Nichols Oxygen Service) for three 50' lengths 21/2" hose. MR. FINNAN moved the low bid of $1.45 per foot from Excelsior -Beacon Corp. be accepted. Seconded by Mr. Clausen. Motion Unanimously Carried Chelsea Apts. Sewer problem was held off temporarily as Mr. Bettina was not present at this time. The following letter was received: Sept. 6, 1968 The residents of Beechwood Circle, Wappingers Falls, New York would like to express their appreciation in regard to the work done by Superintendent of Highways, Mr. William Horton and to the men who work with him for the new road they have put in for us. We believe and feel that Mr. Horton and his men deserve recogni- tion for their work on our road and want them to know that we appreciate the beautiful job they have done. Respectfully, The Residents of Beechwood Circle Wappingers Falls, New York A copy of the factual reports of the investigation of the aircraft accident, from the Department of Transportation, Natbnal Transporta- tion Safety Board, Washington D.C. (regarding the aircraft crash in the Village of Wappingers Falls, Feb. 9., 1968) was received, and ordered placed on file with the Town Clerk. Mr. Diehl referred to the Miscellaneous Committee, Messrs. Mills & Clausen, for investigation of the possibilities of payment of State, 182 County, and Town Taxes on an installment plan - perhaps 3 times a year. The following letter was received: Sept. 5, 1968 Mrs. Elaine Snowden, Clerk Town of Wappingers Board Mill Street Wappingers Falls, New York Dear Mrs. Snowden: Arlington Central School District Tax Collector will accept the responsibility of collecting school taxes for those parcels in the Arlington School District situated in the Town of Wappingers, for the year 1968-69. Very truly yours, s/ Michael T. Griffin Supt. of Schools MR. HEADY moved that the Town of Wappinger concur with the Arling- ton Central Schools collection of their school taxes which are within the Town of Wappinger. Seconded by Mr. Mills. Motion Unanimously Carried The following letter was received: MEMO TO: Town Board, Town of Wappinger FROM: Joseph E. Ludewig, Zoning Administrator DATE: September 9, 1968 Gentlemen: When the Planning Board approves a Site Plan for a project which includes a sewage disposal plant, they specify that a fence must be installed to enclose it. Usually, a 6 ft. chain link type fence is installed, and some evergreen plantings are placed around the outside to provide some form of screening. Experience has shown, I think, that this is not the most satisfactory method of hiding the sewage treatment facilities from the public. I recommend and would suggest that the Board adopt a policy that in approving any private sewage treatment facilities hereafter, a stockade -type fence, at least 7 ft. high, be required. I would further suggest, if it is legally possible to do so, to require a deposit of a certified check in the amount of $3,000 with the Town Clerk, and to stipulate that any or all of this amount may be used by the Town in order to complete the work, should the owner of the sewage treatment facilities be declared delinquent in the operation of the plant by the Dutchess County Health Dept., and if the owner, after due notice, fails to make the necessary corrections. Respectfully yours, s/ Joseph E. Ludewig 183 MR. DIEHL moved to refer this matter of sewerage plant fencing to the Planning Board, for action on their part. Seconded by Mr. Heady. Motion Unanimously Carried. RESOLUTION OF TOWN BOARD OF TOWN OF WAPPINGER REQUESTING NEW YORK STATE TRAFFIC COMMISSION TO SET MAXIMUM SPEED LIMITS ON ALL TOWN HIGHWAYS AT 35 MPH. The following resolution was offered by MR. HEADY who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger has received a report from its Town Highway guperintendent and the Engineer to the Town recommending a Town wide speed limit of 35 miles per hour on all Town Highways and also upon the County Road known as Chelsea Road between Route 9D and the Hamlet of Chelsea, and WHEREAS, the Town Board of the Town of Wappinger concurs in said report, now therefore BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby request the New York State Traffic Commission to establish a maximum speed at which vehicles may proceed on all Town Roads, outside the corporate limits of the Village of Wappingers Falls, at the rate of 35 miles per hour and BE IT FURTHER RESOLVED that the Town Board also requests the County Highway Superintendent and the New York State Traffic Commission to establish a maximum speed at which vehicles may proceed on Chelsea Road between Route 9D and the Hamlet of Chelsea at the rate of 35 miles per hour, and BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized and directed to execute all documents to effectuate this request. Seconded by: Mr. Mills Roll Call Vote: Louis Diehl, Supervisor Aye Louis Clausen, Councilman Aye G. Donald Finnan, CouncilmanAye Leonce Heady, Councilman Aye James Mills, Councilman Aye Resolution duly adopted Sept. 9, 1968 MR. MILLS moved the rules be suspended. Seconded by Mr. Finnan, to permit questions from the floor regarding the speedlimit Resolution. Alexander Benedetto asked who would enforce the law. Mr. Diehl answered the State Police and Dutchess County Sheriff Dept. Arthur Bisom, asked how about consideration of reduction of speed on Myers Corners Rd, as he feels this road is second only to Route 9 in amount of traffic. 184 Mr. Horton stated that he will take into consideration the lowering of speed limits on both Myers Corners Rd. and Old Hopewell Rd. Frank Benn asked why put in speed limits when they can't be enforced. Charles Cortellino asked if the Town of Wappinger was getting a proportionate share of law enforcement in relation to taxes paid in the Town to the County. Ron Lafko asked if the Town was going to post each and every road in the town, or only those that are conspicuously travelled. Mr. Peter Schreiber made a suggestion that the black on white 35 mph signs be posted at only the entrance of all major roads in the town- ship. Motion Made and seconded to resume the rules, and carried. RESOLUTION OF THE TOWN OF WAPPINGER REGARDING SANITARY LAND -FILL PROJECT. The following Resolution was offered by MR. HEADY who moved its adoption: WHEREAS, the Town of Wappinger is presently conducting a sanitary land -fill operation on land owned by the County of Dutchess pursuant to an agreement with the County of Dutchess, and WHEREAS, the Village of Wappingers Falls on August 7th, 1968, adopted a Resolution of Intent to participate with the Town of Wappinger in a joint refuse disposal operation at the site owned by the County of Dutchess and WHEREAS, it would be mutually beneficial for the Town of Wappinger and the Village of Wappingers Falls to continue to cooperate to solve its mutual problems, now therefore, BE IT RESOLVED, that the Town Board of the Town of Wappinger believes it to be for the best interests of the residents of the Town of Wappinger to continue to cooperate with the Village of Wappingers Falls on all problems that are of mutual concern to these municipalities and that in the event the sanitary land -fill site on land of Dutchess County should for any reason be discon- tinued, the Town of Wappinger will diligently work with the Village of Wappingers Falls to locate and operate a mutually agreeable refuse disposal site. a:Seconded by: Mr. Mills Roll Call Vote: Louis Diehl, Supervisor Aye Louis Clausen, Councilman Aye G.Donald Finnan, Councilman Aye Leonce Heady, Councilman Aye James Mills, Councilman Aye Resolution duly adopted Sept. 9, 1968 185 REVENUE ANTICIPATION NOTE RESOLUTION REVENUE ANTICIPATION NOTE RESOLUTION OF SEPTEMBER 9, 1968, OF THE TOWN OF WAPPINGER, COUNTY OF DUTCHES, STATE OF NEW YORK, IN THE AMOUNT OF $24,000.00 The following Resolution was offered by MR. MILLS who moved its adoption: BE IT RESOLVED this 9th day of September, 1968, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. That pursuant to the Local Finance Law of the State of New York, said Town of Wappinger, in anticipation of uncollected specific revenues other than real estate taxes or assessments, to wit, payment for Town Tax Maps from the County of Dutchess, State of New York, to become due and payable during the fiscal year commencing January 1, 1968, shall issue and file a Revenue Anticipation Note in the amount of $24,000.00 to mature on September 11, 1969. Section 2. That the amount of the uncollected specific revenue aforesaid to .wit, payment for Town Tax Maps from the County of Dutchess, State of New York, against which said note is authorized to be issued is as of the date hereof the sum of $28,000.00 and that there are no other outstanding revenue antici- pation notes issued in anticipation of the receipts of such revenue. Section 3. That, except as herein specifically prescribed, said note shall be of the date, terms, form, contents and place of payment and at a rate of interest not exceeding 3.25% per annum as may be determined by the Supervisor consistent however, with the provisions of the said Local Finance Laa of the State of New York, and shall be executed in the name of the said Town by its Super- visor and the seal of the Town shall be attached thereto. Section 4. That said note shall be sold at private sale by the Supervisor at a price not less than par value with accrued interest, if any; and upon the due execution and sale of said note, the same shall be delivered to the purchaser upon the payment by him to the Supervisor of the purchase price in cash; and the receipt of such Supervisor shall be a full acquittance to such purchaser who shall not be obliged to see to the application of the purchase money. Section 5. The full faith and credit of the Town of Wappinger, Dutchess County, New York, are pledged to the punctual payment of principal of and interest on said note. Section 6. This resolution shall take effect immediately. Seconded by: Mr. Heady Roll Call Vote: Louis Diehl, Supervisor Aye Louis Clausen, Councilman Aye G. Donald Finnan, Councilman Aye Leonce Heady, Councilman Aye James Mills, Councilman Aye Resolution duly adopted Sept. 9, 1968 Motion made by Mr. Mills to suspend rules. Seconded by Mr. Heady. Motion Unanimously Carried 186 Mr. Lafko asked for clarification on the sale of the Town Tax maps Mr. Cornell pointed a similar question on this to the Board. Mr. Eck asked why there would be no referendum on this borrowing. Motion made by Mr. Clausen to resume the rules. Seconded by Mr. Mills. Motion Unanimously Carried MR. HEADY moved the following Order for the Establishment of a Sewer District, be adopted. Seconded by Mr. Mills Motion Unanimously Carried (The Order Establishing a Sewer District to be designated as the Fleetwood Manor Sewer District of the Town of Wappinger is hereby annexed hereto and made a part hereof of the minutes of this meeting.) MR. HEADY moved the following Order for the Establishment of a Water District be adopted. Seconded by Mr. Mills. Motion Unanimously Carried (The Order Establishing a Water District to be designated as the 71-7 `s= Fleetwood Manor Water District of the Town of Wappinger is hereby annexed hereto and made a part hereof of the minutes of this meeting.II ) MR. MILLS moved Mr. Arthur Kalaka be appointed to the Zoning Board of Appeals to fill the unexpired term of H. Frederick Koehler, term to expire Feb. 1, 1969. Seconded by Mr. Heady. Motion Unanimously Carried to suspend rules Motion made by Mr. Clausen,/to permit Mr. Bisom to ask the Board that, when there is a vacancy on any of the Boards, would the Town Board, hereafter give the gentlemans' qualification, how long a Town of Wappinger resident, where his place of employment is, and other benefits. Seconded by Mr. Finnan. Motion Unanimously Carried Rules Resumed. Mr. Rappleyea reported that in reference to the case of Town of Wappinger vs. Brookhollow Builders, regarding Section 11 of Tall Trees Amherst Lane - Judge Dillon signed an order setting the case down as a special preference for trial in November, subject to the order of the Justice that is sitting. This order has been served on other parties and on the Calendar Clerk and would appear that there is a 187 strong likelihood that it will reach trial early in November and the Town would see a resolution of that problem on Amherst Lane. MR. HEADY moved that another letter be directed to Commissioner of Public Works Petrovits for a further traffic study at the intersection of Myers Corners Rd. and All Angels Hill Rd. - following another accident there this past week. Seconded by Mr. Mills. Motion Unanimously Carried Mr. Diehl asked if there were any questions from the floor on new business. Mr. Lafko, as an official of Dutchess County Aviation, asked if the Town authorized the destruction of the gate and the replacing of it at the top of the hill or was this a surprise to the Board. Mr. Diehl stated that the Town has taken no action at the Dutchess County Airport and the Board knows nothing of it. Mr. Lafko rephrased the question, asking if the Town authorized the piling of dirt all along Rt. 376 and moving and chopping down the existing safety fence the airport had. He just wanted to know if the Town knew it, authorized it. Mr. Diehl stated this is the County's and the Board would have to check with the County on it. There have been problems of people dumping Sundays and off hours, right off the highway. Mr. Diehl said a letter was off to Mr. Petrovits asking if the fence could be moved closer to the road to stop people from going in and dumping before hitting the landfill area. Mr. Diehl hasn't been advised on any action Mr. Petrovits did take. Mr. Cornell, on the little differences on the tapes, indicated that the case in point on taping meeting referred to them as having to be documented and filed as public records, and asked the Board to make a motion that all the Towns' tapes be documented, indexed and filed for public record and use. Mr. Diehl answered that the Board already has a policy established, and to his knowledge and belief, the Board is standing by that policy, and further, the minutes of all meetings are available to all people and organizations when completed by the Town Clerk. 188 Mr. Cornell asked if the Board was just going to abide by part of the decision referred to by Mr. Rappleyea and ignore the other part. Mr. Diehl stated it would be taken into consideration again, but at this point it is the policy of the Board not to allow the general public to tape the meetings, nor is it required that the clerks' tapes be kept. The following letter was read: Aug. 22, 1968 Town Board Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York Gentlemen: The letter directed to you from Mr. Eck of the Wappingers Taxpayers' Association has been forwarded to me for comment. In the case of Davidson v. Common Council of the City of White Plains, 244 2d 385, Judge McCullough said: "It is essential that a legislative body have a right to regulate its own halls in the same manner that a judge must control the conduct of his courtroom. The fact that legislative halls are open to the public does not give the public a vested right to televise, photograph or use recording devices. If in the judgement of the legislative body, the recording distracts from the true deliberative process of the body, it is within their power to forbid the use of mechanical recording devices." As you know, there are a multitide of cases which indicate that while the town hall meetings are public in the sense that they are open to the public to attend, they are not public in the sense that thepublic may participate except at such times as are mandated by law. These times are the occasions of public hearings, or when the rules are sus- pended and the public is permitted to be heard by consent of the town council. Very truly yours, s/ Allan E. Rappleyea Mr. Walter Cronin said he, for one, objects to having his voice recorded on tape except by a duly authorized and responsible person, designated by the Town Board. He doesn't think that everybody should have the right to come in here with a tape recorder to record anyone they choose to because if there was no control on it once it leaves 1 b 9 this room I think a responsible person has to be authorized to do this - which in this case is the Town Clerk. Returning to Chelsea Ridge Apt. Sewer Plant - Mr. Frank Bettina stated that he lived on Chelsea Rd. and when Chelsea Ridge Apts. built there, he was told there would be no problems regarding the sewer plant. He claims the odor from the plant is obnoxious - substanciated by signatures of residents living in the area, and signatures of guests who had also experienced smelling the odor. He contends that the Board of Health has been down there a number of times and have told him that if the plant is running properly he won't have any odor. He further contended that raw seage is being taken out of the plant and dumped on the ground, and also there are rats at a stagnant pond that the plant empties into. He asked that since Chelsea Ridge is applying for a second section the same mistake won't be made, he feels they shouldn't be permitted to use the same plant, the first should be a secondary plant before it's dumped into the river and they should be made to put the new sewer plant somehwere where there's no danger of it going by anybodys' home and have the old plant used as a pumping station. Mr. Diehl told Mr. Bettina about the earlier proposal for screening sewer plants, and also that Mr. L'Archevesque is starting action at the county level to get some kind of action whereby the State and County can move fast. Mr. Bettina stated that he would like to have the sewer plant placed up on the hill away from any of the existing homes. MR. CALUSEN moved that a letter be sent to the Dutchess County Health Dept., asking for aO*ritten opinion as to the proper functioning of the plant, and also a letter to the Town Planning Board advising them that the Town Board would like them to hold up on approving extension of the building until the Town Board has looked into it further. Seconded by Mr. Mills. Motion Unanimously Carried Mr. Diehl returned to new business and asked if there were any further questions from the floor. Mr. Michael Prendergast asked if anything was being done on the North Wappinger Sewer District. Mr. Diehl said there would be no discussion on this subject, as there had been no decision handed down from the court on the litiga- tion. It was, however, still being worked on. Mr. Schreiber referred back to the public not being allowed to tape a Board meeting and Mr. Rappleyeas' opinion letter, whether or not the meetings are recorded verbatum, when available to the general public, and if it was permissable for a stenographer to take in shorthand, the meeting, and what is the difference between a. taxpayer using a tape recorder or a stenographer taking shorthand notes. Mr. Rappleyea replied he could not give a personal opinion on these questions, as it was his function only to advise the Board, and it is his opinion that the Board has a right to reach the conclusion, as they have, that they will not allow the use of tape recorders. He rendered a decision based upon what he found to be the law, that is, the right of the legislative body to control the use of the Town Hall, and this the Board has done. Mr. Ron Lafko commented on the Chelsea Ridge Sewer Plant stating that if they are controlled properly there doesn't have to be a reason for an odor. If they're designed properly, and operated properly there's no reason for odors, and if a problem arises, a qualified operator, such as Joe Gutmann or himself, could locate the trouble, whereas the Board of Health can say, there's a problem, but is powerless to do anything, thus suggesting Mr. Gutmann take a look at the Chelsea Ridge situation as he has the ability to judge what's wrong. Mr. Eck referred back to the taping of the meetings, and how the Town was spending money on lawsuits. Mr. Rappleyea, addressing himself to Mr. Eck said he would consider the defense of this particular point as part of his retainer and will not charge the Town Board anything if it should come to litigation. 191 Mr. Robert Kluse asked what residents can do with bulky refuse. Mr. Diehl stated that he, the Board members and Mr. Horton had discussed this, and this fall, there will be a general town -wide pick-up of bulky refuse items such as refrigerators, stoves, etc. These items can also be taken to the landfill site, individually, any day the site is open. Mr. Ben Gutschneider reported a 10" drop at the curve at the inter- section of Old Hopewell Rd. and Eck Drive which he considered a serious driving hazard. Mr. Benedetto reported that one family near him seemed to be dumping their sewer into the storm drainage sewer, could something be done about this? Mr. Frank Benn asked what reason for all the complaints, poor planning, doesn't the Planning Board know before they give approval what the conditions are? He feels older residents should be more qualified to be members of this Board. Mr. Lafko returned to Mr. Rappleyea's opinion on taping - more explicitly that the fact that the tapes used in the city of White Plains were indexed, and placed on public record verbatim. This had been deleted from the conversation if this were done it would eliminate the need for the public to want to tape the meetings. MR. MILLS moved the meeting be adjourned. Seconded by Mr. Heady and unanimously carried. Meeting adjourned at 10:19 P.M. Elaine H. .Snowden Town Clerk WARRANT To .Low_i 4 D iqh 1 , Supervisor Town of Wepp i nor , County of Dutchess , New York. The following claims, having been presented to the Town Board of the Town of ______.Woppinger , and duly audited and allowed at a meeting thereof held on the 9th day of September , 19.68._, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. NAME OF CLAIMANT IAMOUNT FUND OR ALLOWED ACCOUNT 71.6 Rudolph E. Lapar 750.00 1303 717 Joseph Gutmann 39.20 1408 718 Custom Cleaning Contr. 125.00 509 709 Fred Snowden, Jr. 190.15 1208 720 I Francis Sherow 1 10.00 506 721 I Robert Magdalany 722 I Allen E. Rappleyea 1600.00 1312 611 1308 1209 723 Sloper-Wallen Comm. Amb. 1373.67 1208 724 AVM Corp. Automatic Voting Mach.Div«2962.80 504 Jamestown, N.Y. 14701 199 Church St. 725 The State Insurance Fund 1287.51 New York, N.Y. 10007 500.00 OTHER INFORMATION 726 Association of Towns 3.00 1207 90 State St., Albany, N.Y. 727 'Central Hudson 194.281 508 609 728 'Blue Cross 120.641 t306 729 'N.Y. Telephone Co. 213.401 508 505- 25.00 P.O. Box 2487 e10086 730 I Xerox Corp. 91.811 509- 66.81 Church St. Station, N.Y., N.Y. 731 Williams Press, Inc. 13.00 710 Albany, N.Y. 12201 732 H�iagh , P1.Y.pital 710 5.00 733 Vassar Bros. Hosp. 5.001 710 Poughkeepsie, N.Y. I Rte. 6, Baldwin Place, N.Y. 734 Capitol Highway MaterialIns.c' 15.501 1409 735 'Great Bear Spring Co. 56 Colonie St., Albany 5.001 505 736 I " 13.001 505 2011 Main St., East 1 737 Williamson Law Book Co. 74.08 704 Rochester, N.Y. 14609 738 W.S. & D. News 31.08 1307 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of app i nger this 9th - darof September , 19 68.F:tai..„,„\k__a,....,_&,... Town Clerk [SEAL] To WARRANT Louis Deihl Town of Wappinger Wappinger , Supervisor , County of Dutch's* , New York. The following claims, having been presented to the Town Board of the Town of , and duly audited and allowed at a meeting thereof held on the 9th day of Septscan r , 19_68_, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM NAME OF CLAIMANT No. 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 AMOUNT FUND OR ALLOWED ACCOUNT W.S. b D. News 103.32 1307 9.50 710 Hudson Valley Bldg. Mat., 57.21 1002 inc. 704- 12.95 The Pendell Press 39.45 1409- 26.50 4w—.,7.39 116.70 503-31.10 R. J. Brooker Co. N w Grand Union, Red Oaks Mills 50.00Poughkeepsie, N.Y. Red Oaks Mills Hobby Cent. N !1 t1 N N N N N N Henry Cuatt Hopewetl Rd., WF Hugh A. Ross Rt.413, Maloney Rd., WF Barkers, Main St. Fishkill, N.Y. Mr. H. T. Carson Robert C. Owen Dutchess Park Pharmacy 755 Rt. 52, Fishkill, N.Y. A.6 P. Store,Brinkerhoff, Rt.52682, Fishkill, H.Y. Beatrice Balyer R1116Hopewell Rd., W� Dave Alexander New Hackensack Rd.,, Wf 756 757 758 759 Contractors Mach. Corp. ueorge Schlathaus All Angels Hill Rd., WF 761 Pitney -Bowes Inc. 760 1002 27.54 1008 27.52 1008 71.10 1008 2.39 1008 16.00 1002 259.00 1002 9.79 1008 5.77 1008 29.76 1002 55.00 1002 9.96 1008 18.49 1008 40.25 1001 420.00 1002 13.75 1003 26.00 1002 575.00 507 in Witness Whereof, I haveSeptember rhereunto my hand and the Seal o this...9th.. _. day -of P , 19 OTHER INFORMATION 105 Dutchess Turnpike Poughkeepsie, N.Y. 123 Rombout Ave. Beacon, N.Y. 12508 Beacon, N.Y. 704- 15.45 i . i V' o it.t 710- 12.95 12 Vassar Rd. Poughkeepsie, N.Y. 14 DeWindt St. Beacon, N.Y. 12508 Marlorville Rd. Hughsonville,,N.Y. Box0392 69 Walnut St. Stamford, Conn. 06904 the Town of Wappinger -[SgAL] Town Clerk WARRANT To Louis Diehl , Supervisor Town of Wappinger Wappinger County of ©utchess , New York. The following claims, having been presented to the Town Board of the Town of , and duly audited and allowed at a meeting thereof held on the 9th day of September , 19 68 , in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM NAME OF CLAIMANT AMOUNT FUND OR No. ALLOWED ACCOUNT 762 Pitney—Bores Inc. 24.00 505 763 Central Hudson 238.40 1511 764 E.C.C., Inc. 494.50 1511 765 Brighton Steel Co., Inc. 82.88 1511 766 Central Hudson 101.88 1510 767 ElectI0 8.10 1510 Axton Cross Co. 768 Shelton, Conn. 3.00 1510 769 N.d 5. Supply Corp. 434.56 1510 770 Central Hudson 115.33 1510 771 Axton Cross Co. 78.50 1510 772 R.N. Linge, Inc. 4.99* 1510 773 The Beasley Agency, Inc. 823.00 OTHER INFORMATION Rockingham Sewer N N N pewell Junction, N.Y. 12533 N N N Oakwood Water Betaiia, Illinois t0ak+ fer) Oakwood Water Oakwood Sewer N N N N N N in Witness Whereof, I have hereunto set my hand and the Seal of the Town of WappInger this nth day -of September , 19 68 .. Town Clerk [SEAL]