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1987-11-02 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING NOVEMBER 2, 1987 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. Accept Minutes Oct. 19, 1987 ' 4. REPORTS OF OFFICERS: Receiver of Taxes (Sept.) S. PETITIONS & COMMUNICATIONS a. Saratoga Associates - receipt of final Scoping Document for Wastewater Treatment Facilities Plan b. Jas. J. Erenzo, Jr. re: Permission to hook up 2 lot subdivision on Myers Corners Rd. to CWWIA, & consider extension of water mains by town to lots c Wm. Hurley, Design Eng. requests permission for client (Tano Realty) to hook into CWWIA 2 parcels on De Garmo Hills Rd. (8 lots & 2 lots) d. Mr. & Mrs. Leopold request investigation & correction of stagnant water problem on their property (13 Plaza Rd.) caused by improper drainage from Town Rd. e Hughsonville Bd. Fire Commissioners request permission to use one Town voting machine for Dec. 8 f. J. Paggi, Eng. to Twn., recommendations: (1) for add'1 Stop Signs in Kent Rd. area, with concurrence by H.Supt. and (2) Merz drainage problem Edgehill Drive area g. T/Clerk received Service of Notice of Claim from L. Richard Rosenbeuf & Sol Silver vs Town of Wappinger & Town Zoning Administrator h. Planning Bd. re: Amendment to Subd. Regulations (Change number of required plans from 8 to 12 copies) i. Mr. & Mrs. Lucas re: Drainage problems - Myers Corners Rd. j. Req. from Marlene Mills attend Assessment Adm. Course 11-16 to 11-20, Goshen, N.Y. II 6. COMMITTEE REPORTS RESOLUTIONS a. Robert Lerner requests return of Driveway Bond b. Consider appointment of member to Cons. Adv. Council to replace Kenneth Franklin c. Set Public Hearing on Local Law on Forestry Practices d. Accept Robinson Gardens Drive as Town Rd., with rec. of H. Supt. 8. UNFINISHED BUSINESS, a. Town of Wappinger serving as Lead Agency for Greer rezoning b. M & 0 Sanitation c. Corr. from Linda Smith, DCARC, re: Kent Rd. & Top O'Hill Sites 9. NEW BUSINESS 10. ADJOURNMENT 286 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on November 2, 1987, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 7:35 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Thomas Wood, Attorney Joseph E. Paggi, Jr., Engineer Kenneth Croshier, Highway Superintendent Herbert Levenson, Zoning Administrator The Supervisor commenced the meeting with the Pledge of Allegiance to the Flag followed by a moment of silent prayer for the Town of Wappinger and its residents. The Minutes of the Regular Meeting of October 19, 1987, having previously been forwarded to the Board Members, were placed before the Board for their consideration. MRS. VISCONTI moved that the Minutes of October 19, 1987, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Valdati Motion Unanimously Carried Reports were received from the Receiver of Taxes for the month of September, Zoning Administrator and Town Justices for October. MR. FARINA moved to accept the reports and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried Petitions & Communications --- The Final Scoping Document relating to the Town's Wastewater Treatment Facilities Plan, was received from Saratoga Associates, the firm hired to prepared the E.I.S. on the three alternates included in the Plan. MR. FARINA moved to accept the Final Scoping Document for the Wastewater Treatment Facilities Plan, as submitted by Saratoga Associates. Seconded by Mr. Valdati Motion Unanimously Carried 287 The Supervisor requested that Robert Bristol, President of Saratoga Associates, be notified of the Town Board's acceptance of the document. Correspondence was received from James J. Erenzo, Jr. requesting permission to hook up 2 lots on Myers Corners Road to the Central Wappinger Water Improvement Area. The property is within the Area boundaries and he indicates that the closest water line is approximately six hundred feet away, at the intersection of Montfort Road and Myers Corners Road. If allowed to hook into the water supply, it is Mr. Erenzo's understanding that the Town will bring the water main to his property. The Engineer had reviewed the correspondence and responded by letter to Mr. Erenzo, agreeing that they are in the district and the water line is approximately six hundred feet from the property; he did, however point out that the Town Board will have to make the determina- tion if and when they will extend the water main. At this time Mr. Paggi could not provide the Board with the cost of extending this line but would investigate and report this information to them. MRS. PAINO moved to forward a letter to Mr. Erenzo indicating that the Engineer will investigate the cost of the extension of the line and submit a report to the Town Board. Seconded by Mr. Farina Motion Unanimously Carried A second request was received from William Hurley, on behalf of Tano Realty, for permission to connect two lots on the westside of De Garmo Hills Road and eight lots on the eastside to Central Wappinger Water Improvement Area. Mr. Paggi indicated that this application has not come before the Planning Board as yet, but his response will be that he has no objection to servicing the ten lots with water supply, however, any water extensions to the main line will have to be borne by the applicant. MRS. PAINO moved to notify Mr. Hurley that the Engineer will be forwarding his recommendation to him, by copy of a report to the Town Board. Seconded by Mr. Farina Motion Unanimously Carried Mr. & Mrs. Martin Leopold wrote to the Town Board complaining of 288 a stagnant water problem on their property at 13 Plaza Road which they state is caused by improper drainage from town roads. The Engineer noted that he has reviewed this correspondence and will visit the site next week and submit a report to the Town Board at the next meeting. He mentioned that the Highway Department has commenced a drainage project on Plaza Road which will address a portion of the problem. MRS. PAINO moved to notify Mr. & Mrs. Leopold that the Engineer is investigating the problem and will make a recommendation to the Town Board at their next meeting on November 16, 1987. Seconded by Mr. Farina Motion Unanimously Carried The Hughsonville Fire District, by letter to the Town Clerk, requested permission for the use of one of the Town's voting machines for their Annual Election on December 8, 1987. MR. REIS moved to grant permission to the Hughsonville Fire District to use one of the Town's voting machines on December 8, 1987, under the supervision of one of the Town's Voting Machine Custodians. Seconded by Mr. Valdati Motion Unanimously Carried A report was received from the Engineer regarding additional stop signs in the Kent Road area, with concurrence by the Highway Superintendent. MRS. PAINO moved to introduce a Local Law regulating traffic within the Town of Wappinger to provide Stop Signs at various Town Road intersections with Kent Road. The following resolution was offered by MRS. PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 2nd day of November, 1987, a proposed Local Law Regulating Traffic Within the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 7th day of December, 1987 at 7:15 P.M., on such day, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 289 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Mr. Farina Roll Call Vote: 5 Ayes 0 Nays A second report from the Engineer was in reference to the Merz drainage problem at 39 Hilltop Drive which was a portion of the original Hilltop/Edgehill Drainage Project which was put out to bid unsuccessfully several times. It is the opinion of the Engineer that this portion of the project should be completed. Mr. Merz was present and explained to the Board that he never had a problem in the 17 years he has lived there until the drainage project was done in the area. He could not understand why the whole project was not done while they were in the area and furthermore, he continued, the town has to do something to remedy the situation. MRS. PAINO moved to authorize the Engineer to prepare bid specifications for the incompleted portion of the Hilltop/Edgehill Drainage Project, specifically the area of 39 Hilltop Drive. Seconded by Mrs. Visconti Motion Unanimously Carried In response to Mr. Merz's question on whether the work will be done before winter, Mr. Paggi responded that a stipulation of commencement and completion of the project, could be included in the bid specs. The Town Clerk noted that she was served with a Notice of Claim on October 27, 1987, from L. Richard Rosenberg and Sol Silver against the Town of Wappinger and the Town of Wappinger Zoning Administrator. The Attorney explained that this Notice of Claim is alleging that the Zoning Administrator issued a Stop Work Order while their employees were working on the site, causing them to stop their activities. It was later learned that the Dutchess County Department of Health issued a permit to construct a water well, however, this permit was not available at the scene when the Stop Work Order was issued, it now becomes a question of fact of whether or not he has any claim against the Town; this will be determined by certain procedures that a municipality is allowed to follow. MRS. PAINO moved to refer this matter to the Attorney to the Town to defend on behalf of the Town and the Zoning Administrator, and also to the Town's Insurance Carrier. Seconded by Mr. Valdati Motion Unanimously Carried 290 The Planning Board forwarded an Amendment to their Subdivision Regulations changing the required number of plans from eight copies to twelve copies, for Town Board consideration. MR. REIS moved to approve the Amendment to the Subdivision Regulations, as presented by the Planning Board. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence was received from Mr. & Mrs. Lucas requesting discussion on the solution of drainage problem on their property at 285 Myers Corners Road. The Engineer submitted the following report to the Town Board dated October 22, 1987: Dear Board Members: At the request of Mr. and Mrs. Lucas, this office has analyzed two separate proposals for drainage improvements for the stream traversing their property on Myers Corners Road. The first alternate is to define the stream bed and line the channel with heavy rip -rap to protect the stream banks. The construction costs for this work is estimated to be $19,000.00. The second alternate is to pipe the stream through the property. The construction cost for this alternate is $56,700.00. There is also a secondary drainage problem causing erosion on their property coming from the east. The costs for constructing and lining a properly designed ditch in this area is $4,000.00 for both alternates listed above. Please keep in mind that to do any easement would have to be acquired possibly be a cost attributable to of the above work, a drainage from the Lucas'. There could this. Please advise this office which direction you wish us to take. s/ Joseph E. Paggi, Jr. Mr.& Mrs. Lucas were present with their Attorney, Raymond Aldrich, Jr. who elaborated on their drainage problem stating that it originates from three different areas ---one from Hiview Road, to the east along Myers Corners the Shelburne property. He Road and across Myers Corners Road to the south from Hill Subdivision, causing considerable erosion on their suggested that the water be piped through the property and thus allow his clients to utilize all of their land. The first alternate using heavy rip -rap was not acceptable to them as it would 291 cut the property in half and prevent them from using the easterly portion; they do not want an open ditch which will gather all sorts of debris. They wanted the drainage stopped or to be passed through the property. Mr. Aldrich has learned, through investigation that lots on Myers Corners Road are selling at around $60,000 and he indicated that their damages could start at that amount, add other factors such as erosion, etc., it could be considerably more. They are not threatening the Town, but merely pointing out what it means to them to have it corrected. On behalf of his clients, Mr. Aldrich implored the Board to help them resolve the problem and felt it required further thought and expert opinions and, as taxpayers, they too, wanted the job done effectively and as inexpensively, as possible. At this point, Mr. Valdati suggested that they set up a work shop meeting to discuss the causes and possible solutions. This was agreeble to all and Mrs. Paino scheduled this meeting for November 19th, 1987 at 8:30 P.M. A request was received from Marlene Mills, Assessor's Assistant, to attend the Assessment Administration Course from November 16th through the 20th, 1987, at Goshen, New York, at no cost to the Town with the exception of travel expenses. MR. FARINA moved to grant permission to Mrs. Mills to attend the Course requested and her traveling expenses at $.21 per mile will be reimbursed by the Town. Seconded by Mr. Reis Motion Unanimously Carried Prior to addressing Committee Reports Councilman Reis requested the Supervisor previously, to make a statement. The subject was in regard to a Tax Certiorari settlement for Mr. Rosenberg on behalf of the Chelsea Ridge Apartments which Mr. Reis was allegedly involved in. He requested that the following letters be read into the Minutes: October 22, 1987 Supervisor and Town Board Re: Rosenberg Tax Certiorari Dear Supervisor and Town Board: Councilwoman Visconti has asked me to outline my involvement with the Rosenberg tax certiorari case, and specifically has asked me to comment on a claim that it was myself, and not members of the Board, who agreed to the settlement of the tax certiorari case. 292 Obviously, only a client, and not an attorney, has legal authority to settle any case. Accordingly, it is preposterous to suggest that any attorney would, or could, ever go off on his own to settle any case except as directed by the client. My involvement with the Rosenberg tax certiorari case was as follows: In July 1986, I received a call from Richard Rosenberg stating that his increased tax assessment was unlawful. I informed Mr. Rosenberg that Mr. William Crane was the Town's tax certiorari attorney, but told Mr. Rosenberg that I would pass along his comments to Mr. Crane. On July 15, 1986 I sent a memo summarizing that conversation to Mr. Crane, with copies sent to the Assessor, Supervisor Paino and Councilman Reis (copy attached). Two days later I received an acknowledgment of receipt from Mr. Crane's Office and confirmation that he would look into the matter when he returned from vacation (copy attached). Several months later, I was asked by Supervisor Paino to attend a meeting at her office on September 11, 1986 at 10:00 a.m., where she and Councilman Reis were to discuss a possible settlement of the tax certiorari case with Mr. Rosenberg, who was accompanied by his attorney, Hubert Brandt. The Town Assessor was also asked to attend. At the meeting, proposed settlement figures were discussed. Since all present knew that any settlement could be authorized only by the full Town Board, the meeting concluded with the statement by Supervisor Paino and Councilman Reis that they would recommend the settlement to the Town Board. This was my only involvement with the case. I never appeared in the litigation in any way as counsel, or prepared any of the formal legal responses of the Town or the settlement resolution or settlement papers. In my opinion, the September 11, 1986 meeting was an informal discussion aimed at effecting a settlement of pending litigation. Since I am now informed that a formal settlement resolution was actually passed by the Board in November, I can only conclude that in the weeks following the September meeting, someone on behalf of the Town Board duly instructed Mr. Crane, the attorney handling the case, as to how the full Town Board had determined to proceed. He was certainly not so instructed by me. There seems to be no question in the mind of the petitioner Rosenberg as to who was responsible for the settlement. I am informed that in refunding the tax funds to the tenants, Mr. Rosenberg in his cover letter attributed the settlement directly to the efforts of certain members of the Town Board, and certainly not to myself or Mr. Crane. s/ Jennifer L. Van Tuyl The following "Confidential Legal Memorandum" was attached to this letter: To: Bill Crane and Tom Logan From: Jennifer L. Van Tuyl Date: July 15, 1986 Re: Dick Rosenberg Properties Taxes I have recently received a call from Dick Rosenberg relating to the recent increase in the property tax assessment on his several multi -family projects within the Town. He claims that the increases were excessive, and even claims that the "old" assessments were overly high. He stated that the grounds on which he claims the assessment increases are excessive are fully set forth in the papers submitted to the Assessment Board of Review. I told him that Bill Crane was now once again handling the tax certiorari matters for the Town, but that I would convey Mr. Rosenberg's message, with my request that the matter be evaluated. I do not know whether there is any merit in Mr. Rosenberg's claim, but I would ask that you both get together to evaluate it and let me know. 293 The memo was sent back to Ms. Van Tuyl with a note on the bottom --- "July 16, 1986 -I am on vacation for the month of July, 1986, but will look into this first thing on my return". (Mr. Crane's note) Mr. Reis referred to portions of Ms. Van Tuyl's letter and agreed that a meeting did take place at the request from constituents where he lives. It would appear that Ms. Van Tuyl sat at that meeting and had nothing to say, however, during a conversation with her, the fact was brought out that if he and the Supervisor were going to sit at that meeting, they were not going to be involved in any of the discussions or negotiations between the parties. Four of the people at that meeting were employed by the Town and three of them say there wemno negotiations whatsoever by any member of the Town Board. He further noted that Ms. Van Tuyl adjourned this meeting on more than one occasion for discussion with Mr. Rosenberg's Attorney pertaining to the settlement. As far as Mr. Rosenberg attributing the settlement to Supervisor Paino and Councilman Reis, in his letter to the tenants, this was due to the vote of the Town Board since the Supervisor and he as the Councilman for Ward 2, represent those people. October 16, 1987 Town Board Town of Wappinger Dear Board Members, This office has received several inquiries regarding the Chelsea Ridge Apartment complex owned by Richard Rosenberg and Sol Silver. There appears to be some confusion on the part of homeowners in the area of the apartments relating to the revaluation and the Beacon City School District taxes. The following is an accurate description of the assessment records relating to the apartment complex. 1985 assessed value - $2,663,350 On the 1986 Town Roll the assessor raised the assessment to $3,460,000 based on the assessors estimate of value. This assessed value indicated an average value of $22,400 per unit. The taxpayer filed a Tax Certiorari claiming overvaluation based on his income statements and the assess- ment of all other property listed on the Assessment Roll. New York Supreme Court ordered a reduction in the assessment to $2,663,000 or $17,250 per unit. The unit value in both instances being determined by employing the State Equalization Rate of 18.5% which existed at the time. The Court Order was Index # 3523/86. The total assessment appearing on the Town Roll for 1987 is $18,833,400 or $22,582 per unit. None of the above figures include the shopping plaza which is assessed separately. It is well settled in the law, both through Legislative Acts and court decisions, that commercial property must be valued on an income basis which in todays market allows an owner an approximate 12% return on investment or conversely the property is worth eight times the net income after deducting from that income the property taxes. The State Legislature specifically enacted in Sect 581 of the Real Property Tax Law that sales of apartments for conversion to condos or co-ops could not be used to establish value of existing rental units. This may appear unfair but it is the law. A consequence of the various Legislative Acts and court decisions is that the more diligent owners of commercial property who conscientiously maintain the high level of their property have lower net income and consequently lower assessments. The major tax problem to homeowners in the Beacon City School District is the fact that unlike the Wappinger and Arlington School Districts, they did not adopt the provisions of Art. 19 of the REal Property Tax Law which permits the schools to employ two tax rates. One rate is for one, two and three family homes and a different rate for all other property. The Beacon School rate is $11.24 per thousand of assessed value for all property. It appears from available figures that had Beacon School District adopted the Homestead provision the rate for homeowners would have been just over $6.00 per thousand and the rate for commercial properties would have been about $18.00 per thousand. The Town Board has elected to use the Homestead provision for Town tax purposes. s/ Thomas E. Logan Assessor October 23, 1987 Town Board Town of Wappinger 294 There appears to be confusion over the settlement of a Tax Certiorai brought by Chelsea Ridge Apartments in 1986. The settlement was made between the Town Attorney (Ms. Jennifer Van Tuyl) and the attorney for the Petitioners (Hubert Brandt). When a tax certiorai is filed with the Court the Assessor is no longer part of the settlement process. The agreement was submitted to the Supreme Court Justice handling the matter and the Court ordered the settlement. I fully support the agreement reached by the Town Attorney. s/ Thomas E. Logan Assessor Mr. Reis continued with his statement noting that in the past two months certain members of the Town Board have made these meetings a spring board for political motivations. People have been used, the press has been manipulated for the purpose of political purposes and he did not agree with this. He has lived in the Chelsea Ridge Apartment complex for twelve years and pointed out that when there are more than two families living in a house, these two families share the burden of the taxes and all other expenses. In his case, the rent has increased drastically on a yearly basis. There has been talk about referring this matter to the Board of Ethics and Mr. Reis agreed with this. MR. REIS moved that the Board of Ethics convene to investigate his involvement with the settlement of L. Richard Rosenberg's Tax Certiorari; also investigate the matter of violations of the Town 295 Ordinance by Mrs. Visconti and close further discussions on these matters. Seconded by Mr. Farina Roll Call Vote: 3 Ayes Mr. Valdati---Nay Mrs. Visconti ---Nay Motion Carried When seconding this motion Mr. Farina requested an amendment relative to a violation of the Town Zoning Ordinance by Mrs. Visconti and referred to an additional kitchen in her home at 13 Joan Lane; this matter was addressed at the Zoning Board of Appeals meeting on December 23, 1986. Further discussion ensued prior to the vote on this motion and Mr. Reis intervened with another amendment to close discussions since it would now be a matter for the Board of Ethics to investigate. Both Mr. Valdati and Mrs. Visconti voted "Nay" for the motion as they were opposed to closing further discussion, however they were in favor of the other two items in the motion. Committee Reports - Mr. Valdati, Safety Committee, reported that he had a discussion with Dr. Kneifel who operates the Town Animal Shelter and it is his opinion that a part time Dog Control Officer is not sufficient and recommended that the Town Board consider additional manpower in this department. There were no reports from Mr. Reis, Mr. Farina or Mrs. Visconti for this meeting. Resolutions --- A request was received from Robert Lerner for the return of his driveway bond in the amount of $3,000. The Highway Superintendent had previously inspected the driveway and stated that it was satisfactory; the Engineer also recommended release of the bond. MRS. PAINO moved to release the driveway bond in the amount of $3,000, as recommended by the Highway Superintendent and Engineer to the Town. Seconded by Mr. Valdati Motion Unanimously Carried It has been learned that a member of the Conservation Advisory Council has relocated outside of the Town and the matter of appointing a new member on the Council was placed before the Board for their consideration. 296 The following resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Florence Graff be and she is hereby appointed as a member of the Town of Wappinger Conservation Advisory Council to fill the vacancy which has occured by the automatic resignation of James Justvig due to his moving out of the Town of Wappinger, and BE IT FURTHER RESOLVED that the said Florence Graff is hereby appointed to the Conservation Advisory Council for a term which shall expire in June, 1988. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The Attorney to the Town and the Zoning Administrator have been preparing a Local Law on Forestry Practices which is based on a model ordinance from the Department of Environmental Conservation which they recommend for municipalities. MRS. PAINO moved to introduce a proposed Local Law on Forestry Practices in the Town of Wappinger. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 2nd day of November, 1987, a proposed Local Law on Forestry Practices in the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 16th day of November, 1987 at 7:15 P.M. on such day, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays A request was received to accept Robinson Gardens Drive as a Town Road. The Town Clerk noted that the recommendations had been received from both the Highway Superintendent and the Engineer to the Town, however there were no other documents available at this time that are required for the Town's acceptance of the road. Mr. Charles May, the Engineer and Mr. Stanley Scheinberg were present and requested that the Letter of Credit for the Maintenance Bond be waived, since the road was completed according to road specifications. 297 The Attorney explained that this bond is required to assure the Town that the road was built properly; it is for a period of one year and as stipulated in the Town Highway Road Specifications, it is calculated at 20% of the construction value of the work; the amount stated in the Engineer's recommendation is $25,102.00. Although Mr. Scheinberg persisted with his request to waive this bond, neither the Attorney nor the Engineer recommended that this request be honored. Mrs. Paino informed them that if all the required documents were submitted and approved by both the Attorney and the Engineer, the Town Board would consider acceptance of the road at the next meeting. Notices regarding the designation of the Town Board as Lead Agency in the application of the Greer rezoning were forwarded by the Attorney to all involved agencies. The only response he has received was from the New York State Department of Transportation indicating that they had no objection to the designation and requesting more detail of location and action proposed. MRS. PAINO moved to designate the Town Board of the Town of Wappinger as Lead Agency, with respect to the SEQRA process, for the Greer rezoning application. Seconded by Mr. Reis Motion Unanimously Carried A letter was received from John F. Lyons, Attorney for M & 0 Sanitation in the matter of their withdrawal of their bid to the Town on Sludge Removal and return of bid bond in the amount of $11,934.00. Mr. Wood had conferred with Mr. Lyons on this matter and if his client is agreeable, a meeting of the involved parties will be set up for discussion of the matter. Mr. Wood requested that this be deferred to the next meeting when he hopes to have further information. Correspondence was received from Linda Smith, Executive Director of the DCARC in regard to additional sites for the 38 Kent Road and 34 Top O'Hill Road original sites chosen for the group homes. MRS. PAINO moved to receive this correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried 298 New Business --- Mr. Valdati suggested that the members of the Town Board be provided with a key to the Town Hall in the event they would like to plan meetings with their constituents to discuss Town business. MR. VALDATI moved that the Town Board Members be afforded a key to the Town Hall to utilize in administrating to the needs of their constituents. Seconded by Mrs. Paino James Erenzo, Jr. that the Town had a parcel on Myers Improvement Area. would investigate Motion Unanimously Carried requested to address the Board regarding his letter discussed earlier in the meeting regarding hooking Corners Road into the Central Wappinger Water It was agreed by the Board that the Engineer the cost of extending the water line to service his parcel. Mr. Erenzo felt that his correspondence was misinterpreted and he was, in actuality asking for a letter from the Board stating that he could not hook up into the system. By taking this action it will allow approval from the Department of Health for him to supply water from wells to the two lot subdivision he is proposing. The Engineer explained the process they would have to follow to withdraw from CWWIA, however, Mr. Erenzo further explained that this is the only lot on the street that is within the Improvement Area and it would make no sense for the Town to spend the money to extend the water main for this lot. Mr. Marlow, from the Dutchess County Department of Health is willing to allow them to dig wells if they are provided with a letter from the Town disapproving connection to CWWIA, and that is what they are requesting. Mr. Paggi suggested that they check the statement made by Mr. Marlow as it was his understanding that the parcel will have to be withdrawn from the Improvement Area before the Health Department will allow wells. Mrs. Paino recommended that the Attorney and the Engineer review the situation and submit their recommendation at the next meeting. There were some questions posed to the Board on the 1988 Budget, however, Mrs. Paino announced that a public hearing will be held this Thursday night and the Board would welcome input from the public at that time. There was no other business to come before the Board. 299 MRS. PAINO moved to close the meeting, seconded by Mr. Reis and unanimously carried. The meeting adjourned at 9:25 P.M. Reg. Mtg. 11/2/87 a(\oSiA, Elaine H. Snowden Town Clerk