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1990-01-22 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JANUARY 22, 1990 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES �lt�,��i ��' ' Sq �/lt' ci_ 1 2-/:.6/?e1' I a g'( 4. REPORTS OF OFFICERS: Town Justices Bldg. Insp. Zng. Adm. Hydrant report Sup/Compt. 5. PETITIONS & COMMUNICATIONS a. Peter Marlow, D.Co. Health Dept., response to Mid Hudson Chinese Christian Church request to use their own Wells b. T/LaGrange notice of Public Hearing on Amendments to Zng. Map c. U.S. Cablevision Corp. re: application to renew Franchise Agreement (10 Yr. renewal of existing agreement) d. H. Levenson request to attend Codes School either 2/27-2/28 or 3/1-3/2 e. Highway Supt. Correspondence Re: CHIPS program f. J. Paggi, Eng. to Twn, correspondence re: (1) Status of Hilltop, Rockingham & Tall Trees Water systems; (2)Spring Terrace, Sect. I (3) North Wapp. Water Dist. re: "Special Conditions" & notation on outstanding water areas; (4) Lopez Drainage; (5) Proposed intersection Traffic Signs for HiView & Valley Roads 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Establishing Pay Scale for Vandalism Patrol b. Establish Salary for Dog Control Officer c. Appointment of Conservation Advisor Council members w/ Cr'ha�(Qw, d. Appoint Board of Ethics e. Appoint Clerk to the Reciever of Taxes f. Designate Insurance Agent g. Authorize Supervisor to sign Agreement/Contract with Sedore, O'Sullivan & Letterio. h. Approve Dial -a -Ride Contract & Authorize Supervisor to Sign i. Zoning Board of Appeals Member, Michael Hirkala, term expires 2/1/ 0 j. Accept Bond from Satellite Investments (Performance (Surety) Bond) k. Highway Supt. requests permission to go to bid for Rd. Aggregates, Fuel Oil, etc. and a 4x4 Truck w/Plow & Sander equipment. 1. Requests from: (1)Wm Hannon (Norman Ct.); (2) Richard Hochmuth (Schuele Dr.); H. Levenson for H. Red1 (NAPA Auto Parts, Old Rt 9) and Zvi Segal (lot 45, Sherwood Heights) for return of Escrow being held by Town M. Zvi Segal requests return of $2,700 in escrow for Drainage problem (Lot 66 & re: Parsons) n. Consider submission of Project to County Consortium (CD) Program o. Appoint Interum/Acting Superintendent of Highways (to 12/31/90) 8. UNFINISHED BUSINESS a. Michael Takaes re: requesting water service from CWWIA for Capparelli/Tosto Lot, All Angels Hill Rd. 9. NEW BUSINESS 10. ADJOURNMENT REMINDER: TRI -MUNICIPAL SCOPING SESSION AT 7:00 P.M. 24 The Regular Meeting of the Town Board of the Town of Wappinger was held on January 22, 1990 at the Toen Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Smith opened the Meeting at 7:50 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Herbert Levenson Zng. Adm. The Supervisor asked those present to join in the Pledge of Allegiance to the Flag. The Minutes of the Regular Meeting of December 4, 1989, Special Meetings of December 12 and December 26, 1989, Year End Meeting of December 28, 1989 and the Reorganizational Meeting of January 2, 1990, having been forwarded to all Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Reports were received from the Town Justices for November and December; Zoning Administrator for November, Building Inspector for December and the Hydrant Report for December. MR. VALDATI moved to accept the above stated Reports and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried Petitions & Communications --- In response to our letter to the Dutchess County Health Department relative to a request from the Mid -Hudson Chinese Christian Church to utilize their existing well rather than tie into CWWIA due to the expense, Mr. Marlow indicated that it was their opinion that the property should be connected to Town facilities if they are within the boundaries of that Area. MRS. VISCONTI moved to refer this matter to a work shop meeting for further discussion. Seconded by Mrs. Smith Motion Unanimously Carried 25 Notice was received from the Town of LaGrange of a Public Hearing on Planned Development on January 24, 1990 at 8:00 P.M. at the Town Hall of LaGrange. MRS. VISCONTI moved to accept the Notice of Public Hearing and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Correspondence was received from U.S. Cablevision Corp. regarding renewal of the Franchise Agreement which will expire on June 21, 1990. Mrs. Smith spoke to Mr. Cortellino, Chairman of the Cable Committee and advised him she would like to schedule a work shop to discuss this matter and familiarize the new Board Members with the pros and cons of the present Agreement. MRS. SMITH moved to refer this item to a work shop meeting. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from Mr. Levenson to attend Codes School at Pomona, New York either on February 27 & 28, or March 1 & 2, 1990, F. depending on the notification he receives from the Code Administrator. MR. VALDATI moved to grant permission to Mr. Levenson to attend the Codes School on the designated dates and all legitimate expenses will be a Town charge. Seconded by Mrs. Visconti Motion Unanimously Carried A letter was received from the Highway Superintendent requesting that the balance of $1,142.39 in the CHIPS program, remain in its present account #02-01-5112.4. MR. INCORONATO moved to keep the balance of $1,142.39 in the CHIPS Program remain in Account #02-01-5112.4. Seconded by Mrs. Visconti Motion Unanimously Carried Several reports were received from the Engineer to the Town which, in most cases, just required acceptance by the Board at this point pending further information and action. These included: Status of Hilltop, Rockingham & Tall Trees Water Systems; Spring Terrace Section 1; North Wappinger Water District re "Special Conditions" and notation on outstanding water areas, and Lopez Drainage. MRS. VISCONTI moved to accept the above reports from the Engineer and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried 26 The last report referenced traffic signs at the intersection of Hiview and Valley Roads; Mr. Paggi explained that they had done a survey to determine the extent of clearing necessary to allow for the proper sight distance at that intersection with the intent to place a Stop Sign at that location, at the request of the area residents. He has conferred with Mr. Thomas Kane, a.res.ident who would be impacted by the sight distance, regarding which trees would have to be removed and now recommends that a work shop be held with Mr. Kane and get his opinion on the tree removal. MRS. VISCONTI moved to refer this matter to a work shop meeting. Seconded by Mr. Valdati Motion Unanimously Carried Supervisor Smith welcomed Boy Scout Troop #12 who were present at the meeting as part of the requirements for them to earn a Merit Badge for Citizenship in the Community. She then introduced the Attorney to the Town, Al Roberts, the Engineer to the Town, Jay Paggi and the Zoning Administrator, Herb Levenson. Committee Reports --- Mr. Fanuele, Data Process, reported that two graduate students from Marist College were doing a study and so far have talked to the Town Clerk, Mrs. Snowden and to Herb Levenson, Zoning Administrator and intend to continue their interviews with other departments. He, too has talked to some departments and feels that they should form a group for those interested since there are problems within the systems and discussions within a group could help; he added that people do need education on computers, they do not really understand them. Mr. Incoronato, Finance, reported that he had looked over the Telephone Bill in the amount of $1,400 and recommended that the Comptroller check Mr. Valdati remarked that the Town has several drainage complaints and probable projects pending and felt that they should consider them. Mrs. Smith had compiled a list of all drainage problems and has scheduled a work shop in March for their discussion and determination. The last report referenced traffic signs at the intersection of Hiview and Valley Roads; Mr. Paggi explained that they had done a survey to determine the extent of clearing necessary to allow for the proper sight distance at that intersection with the intent to place a Stop Sign at that location, at the request of the area residents. He has conferred with Mr. Thomas Kane, a.res.ident who would be impacted by the sight distance, regarding which trees would have to be removed and now recommends that a work shop be held with Mr. Kane and get his opinion on the tree removal. MRS. VISCONTI moved to refer this matter to a work shop meeting. Seconded by Mr. Valdati Motion Unanimously Carried Supervisor Smith welcomed Boy Scout Troop #12 who were present at the meeting as part of the requirements for them to earn a Merit Badge for Citizenship in the Community. She then introduced the Attorney to the Town, Al Roberts, the Engineer to the Town, Jay Paggi and the Zoning Administrator, Herb Levenson. Committee Reports --- Mr. Fanuele, Data Process, reported that two graduate students from Marist College were doing a study and so far have talked to the Town Clerk, Mrs. Snowden and to Herb Levenson, Zoning Administrator and intend to continue their interviews with other departments. He, too has talked to some departments and feels that they should form a group for those interested since there are problems within the systems and discussions within a group could help; he added that people do need education on computers, they do not really understand them. Mr. Incoronato, Finance, reported that he had looked over the Telephone Bill in the amount of $1,400 and recommended that the Comptroller check 27 the calls to determine if they are personal ones. He thought the amount was incredible and mentioned that some night calls had been made. Mr. Valdati, Drainage, spoke, of the many problems that have existed for more than two years and felt it was very necessary for the Town to complete the projects as soon as possible. Mr. Valdati, Recycle, contacted the American Paper Company who will share their expertise with us and forward us a kit on the implementation of a program in the Town in areas of paper, bulk trash, glass and metals. For the benefit of the public who are not aware of recycling at the Highway Department, Mr. Valdati mentioned that the Boy Scouts were conducting a newspaper recycling program on Saturday Mornings at the same time our Refuse Disposal Program is open. There was a problem with the trailer last week due to the heavy weight of the papers and although the Highway tried to put it back on its feet they were not successful; the Director hopes that another trailer will be in place by next week. Mrs. Visconti, Highway, did not actually have a report but she did stop at the Office and introduce herself. She also commended them for the great job they did over the weekend, especially in front of her house. Resolutions --- Mrs. Smith scratched Item 7o, Appointing Interim/Acting Superintendent of Highways since she expected to have additional interviews for this position. She set a Special Meeting for January 29, 1990 at 7:30 P.M. for the purpose of acting on this Resolution. The interviews would be conducted prior to the meeting on that night. RESOLUTION ESTABLISHING PAY SCALE FOR PART TIME VANDALISM PATROL PERSONNEL The following Resolution was offered by SUPERVISOR SMITH who moved its adoption: RESOLVED, that the pay scale for Part -Time Town of Wappinger Vandalism Patrol Personnel engaged to perform certain services for the protection of Town parks, various other Town properties and performance of other such duties as may be assigned by the Town Board of the Town, be and the same hereby is fixed and established at a maximum hourly rate of $15.00 per hour, and W BE IT FURTHER RESOLVED, that all of such part-time Town of Wappinger Vandalism Patrol Personnel engaged on an hourly basis shall be paid every other Friday throughout the year 1990, with the first payday to be January 5, 1990. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes Councilman Incoronato---Nay Mr. Incoronato objected to this rate as he felt the budget amount would not be sufficient. He indicated that Carl Amburgey, Chief of this Patrol informed him that he puts in 60 hours a week and during the summer they put in additional hours. He added that in comparison to the Village of Wappingers Falls, this rate seems somewhat excessive. It appears that we are stuck with that rate because we are hiring Deputies of the Sheriff Department. Mr. Valdati clarified that Mr. Incoronato referred to the pay of the Police Department vs. the Town Vandalism Patrol and pointed out that we do not have to provide other items, such as a base station, benefits that would be paid to this personnel if they were full time employees of the Town. Further questions were asked about their take home pay, etc., and Mrs. Smith pointed out that the Board did have a work shop on this subject and these questions should have come up at that time. The vote on the Resolution was then taken and Mr. Fanuele was against it until he received an answer on the net pay; Mr. Incoronato felt they could do better if they contracted with the Village or Fishkill Police, so he therefore voted Nay. The Resolution for the salary of the Dog Control Officer was tabled at the Reorganizational Meeting for further discussion and was again placed before the Board for their consideration. MR. INCORONATO moved to set an annual salary for the Dog Control Officer at $7,500.00. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Valdati suggested that the Board meet with the Dog Control Officer in the near future to discuss dog enumeration procedures which will supply revenue to the Town and an up to date statistic on the number of dogs in the Town. The next Resolution was the appointment of members for the Conservation Advisory Council. There are presently two members on the Council whose terms expire in June of 1990, namely Cathy Paredes and Florence Graff. Any additional members appointed will also have terms that will expire in June of 1990 and at that time, all appointments will be for a two year term. 29 The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Roy Andren, Robert Wallace, Mario Verna and Ralph Nenni, be and they are hereby appointed as members of the Town of Wappinger Conservation Advisory Council to fill the vacancies that exist on that Council, and BE IT FURTHER RESOLVED, that the terms of the aforementioned members of the Conservation Advisory Council shall expire in June of 1990. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays SUPERVISOR SMITH moved to appoint Florence Graff as Chairperson of the Town of Wappinger Conservation Advisory Council for the year 1990. Seconded by Councilman Incoronato Motion Unanimously Carried At the Reorganizational Meeting, three Councilpeople tabled their appointment to the Board of Ethics. They were asked if they had names to forward at this time. Councilman Fanuele offered the name of --------------Frank Lucas Councilwoman Visconti offered the name of -----------Robert Rahemba Councilman Valdati asked to table his appointment since the person he planned to designate for the Board was out of Town on vacation and he wanted to confirm it before he acted. The Board also tabled the next Resolution at the Reorganizational Meeting regarding an appointment of a Clerk for the Receiver of Taxes. RESOLUTION APPOINTING A CLERK TO THE RECEIVER OF TAXES The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Nancy Schinella be and she hereby is appointed to serve as Clerk to the Receiver of Taxes and Assessments in the Town of Wappinger, Dutchess County, New York, and BE IT FURTHER RESOLVED, that the annual salary for the Clerk to the Receiver of Taxes and Assessments in the Town of Wappinger be and the same hereby is fixed and established at the annual rate of $12,000.00, to be paid every other Friday throughout the year 1990, with the first payday to be January 5, 1990. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays 30 The designation of an insurance agent for the Town was tabled at the Reorganizational Meeting and again placed before the Board for their consideration. RESOLUTION DESIGNATING INSURANCE AGENT FOR TOWN OF WAPPINGER The following Resolution was offered by SUPERVISOR SMITH who moved its adoption: RESOLVED, that Marshall & Sterling, Inc., a general insurance agent doing business in the Town of Wappinger, Dutchess County, New York, be and it hereby is designated as the Insurance Agent for this Town. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays The Accounting Firm of Sedore, O'Sullivan & Letterio was previously designated by the Town Board to audit the Accounts of the Supervisor, Town Clerk and Town Justices for the year 1989, however, it was also required that the Supervisor be authorized to sign a Contract with this firm. MRS. VISCONTI moved to authorize the Supervisor to sign the Contract with the Accounting Firm of Sedore, O'Sullivan & Letterio for these services. Seconded by: Mr. Fanuele Roll Call Vote: 4 Ayes Mr. Incoronato---Nay Mr. Incoronato asked for a discussion and noted that this firm did the books for Tri -Municipal, so how would they keep the books straight for the Town when we are involved with Tri -Municipal. Although the Supervisor felt that this firm could handle the books of many companies, Mr. Incoronato did not agree, under these circumstances; he also was of the opinion that these services should go to competitive bidding. It presented a conflict of interest and he could not see how the Board could vote in favor of this firm. The Attorney did not see any conflict as long as they are only approving receipts and expenditures on fund by fund balance; he saw no problem, on the surface. 31 MRS. VISCONTI moved to approve the Dial -O -Ride Contract and authorize the Supervisor to sign said Contract. Seconded by Mr. Incoronato Motion Unanimously Carried A vacancy will exist on the Zoning Board of Appeals when the term of Michael Hirkala expires on February 1, 1990. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Michael Hirkala be and he hereby is reappointed as a member of the Town of Wappinger Zoning Board of Appeals to fill the vacancy created by the expiration of his term, and BE IT FURTHER RESOLVED that the term of Michael Hirkala on the said Zoning Board of Appeals shall be for five years, expiring on February 1st, 1995. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays COUNCILWOMAN VISCONTI moved to appoint Michael Hirkala as Chairman of the Town of Wappinger Zoning Board of Appeals for the Year 1990. Seconded by Councilman Incoronato Motion Unanimously Carried A Performance Bond was submitted by Frank Buyokowski of Satellite Investments for a four lot Subdivision on Route 376. MRS. VISCONTI moved to accept the Performance (Surety) Bond in a form acceptable to the Attorney to the Town. Seconded by Mr. Incoronato Motion Unanimously Carried There was also a contract to be signed by the Supervisor which was requested by the Planning Board requiring 28 acres to be deeded to the Town. The document was delivered to the Attorney's Office and he stated that it was in conformity with the negotiations they had with the Planning Board last week and he approved the document. It requires signing by both the Town Board and the Planning Board. MRS. VISCONTI moved to authorize the Supervisor to sign the contract, as approved by the Attorney to the Town, relating to Satellite Investments. Seconded by Mr. Incoronato Motion Unanimously Carried 32 The Highway Superintendent requested permission from the Town Board to go to bid on highway materials for the winter season, gasoline, diesel fuel, tires & tubes, also a 4 x 4 truck with plow equipment and sander controls. MRS. VISCONTI moved to allow the Highway Superintendent to go to bid for the materials and truck, as requested. Seconded by Mr. Incoronato Motion Unanimously Carried Requests were received for return of escrow funds from the following: William Hannon, $750.00 for landscaping, Richard Hochmuth, $250.00 driveway, H. Redl, NAPA Auto Parts Store, $4,695.00 curbing and landscaping, Zvi Segal, Lot 45, Sherwood Heights, $1,200.00 various improvements. All required procedure for the release of these escrows had been followed. MR. VALDATI moved to release the escrow accounts to Mr. Hannon, Mr. Hochmuth, Mr. Redl and Mr. Segal, as specified.and recommended by the respective Town Official. Seconded by Mrs. Visconti Motion Unanimously Carried At the December 4th, 1989 Town Board meeting, the Board Members approved release of $2,750 to Zvi Segal for Lot 66, Sherwood Heights, conditional upon receipt of a survey map showing that the drainage pipes that were installed to complete the project were either on Segal's lands or the County property. A report was received from the Engineer indicating that the map which he enclosed showed that the pipes were entirely within the County right-of-way or Lands of 66 Sherwood Heights and this was certified to the Town. He, therefore recommended the return of the drainage escrow to Mr. Segal. He added that the developer has done the work he has promised to do and he feels it would preclude the runoff that emanates from Sherwood Heights Subdivision, specifically Lot 66; there could be other waters running on to Parson property but it will take the water from Lot 66, channel it into the pipes and down to the County system. MRS. SMITH moved to release the $2,750.00 drainage escrow to Mr. Segal for Lot 66, Sherwood Heights, at the recommendation of the Engineer to the Town. Seconded by Mr. Incoronato Motion Unanimously Carried 33 A work shop was held by the Town Board on January 8, 1990 for discussion of the application for the Dutchess County Consortium program; a public information meeting was held on January 16, 1990 for those interested in commenting on the projects the Town Board would submit for funding. COUNCILMAN VALDATI moved to submit the following projects to the Dutchess County Consortium Community Development Funds to be considered for funding for the Town of Wappinger: $ 50,000.00 Affordable Housing 24,000.00 Senior Citizen Program 22,000.00 Castle Point Landfill 68,000.00 Sucich Drainage Project 298,000.00 Ketchamtown Road Drainage Project 13,816.00 Dial -O -Ride $ 475,816.00 Total Cost Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Mr. Valdati noted that the drainage items that he asked to be included had to satisfy the requirement that it impacted Town Roads to qualify for these monies. All drainage projects could not be applied for under this circumstance, however, if work we must do can be helped along by funding from the CD funds, it will free money that we can use for the other projects and take the burden off of our budget, so we can handle more of our own drainage problems here in the Town. Mr. Incoronato requested that $13,816.00 for Dial -O -Ride be added to the original items presented by the Board. Supervisor Smith offered the following Resolution in honor of our departed Highway Superintendent, Kenneth Croshier: WHEREAS, Kenneth Croshier was a dedicated employee of the Town of Wappinger for thirty-seven years, and WHEREAS, Kenneth Croshier has been Highway Superintendent since 1983, and WHEREAS, Kenneth Croshier has been a highly regarded and respected member of our community for many years, and WHEREAS, Kenneth Croshier has been a highly caring, dedicated living contribution to our Town, and WHEREAS, Ken was always there whenever his constituents needed him, NOW, THEREFORE, BE IT -RESOLVED, that the Town Board of the Town of Wappinger expresses its profound sorrow on the untimely passing of Kenneth Croshier on January 10, 1990. This was seconded by Councilman Valdati and unanimously carried. 34 In reference to work planned for the Oakwood Knolls plant, Mr. Paggi spoke of a compliance conference attended last Friday by himself, the Supervisor, with representatives of the D.E.C., at White Plains; the minutes of this meeting will be forthcoming from the Engineer. As a result, there will be an Administrative Consent Order forthcoming from D.E.C. stating certain dates that the Town will have to meet to perform specific work. This work involves infiltration control within the sewer district, including the Kent Road easement and various other streets, etc. The work is scheduled to have final plan submission on or before April 1, 1990, contract signing on or before July 1, 1990 and completion on or before October or November 1st, 1990, a specific date to be included in the Consent Order. MRS. VISCONTI moved to authorize the Engineer to prepare the Map, Plan and Report for the Oakwood Sewer Plant including Kent Road easement, per the Administrative Consent Order issued by the D.E.C. Seconded by Mrs. Smith Motion Unanimously Carried MRS. SMITH moved to authorize the Attorney to the Town to arrange for bonding for this project in the amount of $425,000.00. Seconded by Mrs. Visconti Motion Unanimously Carried Unfinished Business --- A second letter was received from Michael Takacs with Gray, Railing & Heinsman regarding water service from CWWIA for Lands of Capparelli & Tosto. The Board had addressed his first request and advised him that the Engineer required additional information such as the date of the formation of this lot, the actual cost of tying into the district, etc. No response was received from Mr. Takacs and the Engineer reiterated his request for the information and when that is received, he will discuss the matter further. MRS. VISCONTI moved to table action pending receipt of the information required by the Engineer. Seconded by Mrs. Smith Motion Unanimously Carried Our Building Inspector, Tim Classey, had requested that upright handicap parking signs be placed in the Town Hall parking lot in order that they may be clearly seen and Mr. Classey can enforce the 35 law if there are violators. As it is now, the painted signs on the blacktop are not always visible. MRS. SMITH moved to request the Highway Department to install the handicap signs for no parking, as requested by the Building Inspector. Seconded by Mr. Valdati Motion Unanimously Carried A request was received from the Zoning Administrator for the release 61 of $4,825.00 for engineering and consulting fees. The site plan has been approved, all proper documents received and the release has been recommended by the Zoning Administrator to Wilson Excavators, Inc. MRS. SMITH moved to release the escrow account in the amount of $4,825.00 to Wilson Excavators, as recommended by the Zoning Administrator. Seconded by Mrs. Visconti Motion Unanimously Carried New Business --- Mr. Fanuele requested information on where monies were taken from which involved expenses on Tri -Municipal. The sum of $152,000 has already been allocated toward a study and he asked how much more money has been expended. Mrs. Smith said she would research this with the Comptroller and provide that information to him when she had it available. Mr. Gene Mentzger, Pine Ridge Drive, was recognized by the Chair and had complaints on the Dog Control Ordinance and enforcement; he has had a problem for over 2J years and has received no cooperation from the previous Dog Control Officer and no response from the Supervisor when he brought this situation to her attention. After a year of harrassment from the area dogs, the owner plead guilty in court, was given a $25.00 fine and told not to let it happen again. This, he felt, was a slap on the wrist and he told the Board that there should be a minimum fine of a much higher amount, also a higher maximum fine. This is telling him that the Dog Warden was not doing his job and noone was managing this person to make sure he does do his job, so basically the Town government has failed. Mr. Mentzger continued his discussion on his problems with the Dog Warden and recommended that the Officials should have control of this problem and act accordingly. Mrs. Smith explained that there was a new administration and she will 36 always be available to speak to the residents. The Dog Warden he spoke of is no longer employed by the Town and a new one has been appointed. Our Dog Control Officer is Ann Marie Buck and she can be reached at 297-0605. Mr. Mentzger mentioned that he would like to see the same with zoning violations; when the Town receives them they should be checked, too and they should inform the person who registered the complaint what the outcome was. Mrs. Smith thanked the resident for bringing this to the attention of the Board and she felt the problems with the Dog Officer would soon be under control. Mr. Incoronato asked if a legal opinion had been received from the former Attorney to the Town regarding the status of the Zoning Ordinance Amendments. The present Attorney, Albert Roberts said he had discussed this with Mr. Wood who had just received the transcripts of the Minutes of the December 14, 1989 Meeting, when the vote was taken on the Zoning Ordinance Amendments and he would get back to him with his legal opinion after he has reviewed the transcript. Mr. Incoronato referred to the Minutes of this Meeting which he had reviewed, noted the procedures followed by the Town Board in regard to their votes on the eight modifications outlined by the Dutchess County Planning Department and stated that he felt they had voted properly and the Town had a valid Zoning Ordinance. There was a brief discussion regarding the action taken by the Town Board at a previous meeting when they voted to comply with the Zoning Ordinance that was in place prior to the public hearing. Although they were criticized for this action, Mrs. Smith said their motion would remain until they receive an opinion and direction from the Attorney to the Town. Richard Tallman, 22 Roberts Road, referred to a drainage problem at Spook Hill Road near the recreation area and requested that the Engineer visit the site to see what can be done to alleviate it. It now appears to be a pond or ice skating rink depending on the season. It is Town property and does need attention. MR. INCORONATO moved to authorize the Engineer to check into this drainage problem and report to the Board. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Valdati thought that the Highway Department could possibly do 37 some grading in that area to correct the drainage. Supervisor Smith recognized Wappinger County Legislator, Gordon Hirt who reported that a Public Informational Meeting would be held on the Dutchess County Airport Obstruction Removal Draft Environmental Impact Statement at the Wappinger Town Hall on January 30, 1990 at 7:00 P.M. for those interested to learn what the D.E.I.S contains and make whatever comments and/or questions regarding this issue. He emphasized that it was not a Public Hearing and the date and time of this will be set in the near future. The second Public Hearing regarding the Airport has to do with the car rental company at the Airport and that will be held at the County Office Building at 3:30 P.M. on February 13, 1990. There was no other business to come before the Board. MRS. VISCONTI moved to adjourn the meeting, seconded by Mr. Incoronato and unanimously carried. Elaine H. Snowden Town Clerk Reg. Mtg. 1/22/90