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1982-06-14 RGMAGENDA. TOWN BOARD TOWN OF WAPPINGER JUNE 14, •1982 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL C4L PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. May 10, 1982 4. REPORTS OF OFFICERS: Town Justices, May & April - Rec. of Taxes, May & April Sup/Compt. thru April 30, '82 Hydrant Report - Bldg/Zng 5. PETITIONS & COMMUNICATIONS a. Mr. & Mrs. R. Goetz re: extending Water line on Old Hopewell Rd. b. Mrs. Margaret Pierson re? Information concerning water .& sewer Dists. c. R.E. Leper Report; Estimate of costs for unserviced sewer areas d-.-Roy-Guarine--xe;---Peddlers-License - Law. - e. Mr. & Mrs. H. Bennett re: Carmel Heights Development f. Ralph Ames re: Petition, rat problem, Kent Rd. area g. Request from Mr. & Mrs. Jack Armstrong for rezoning their property on Old Hopewell Rd. to permit a neighborhood business h. Rezoning request from Michael Cornell to rezone 31 A.parcel to OR i. NYDOT order to maintain Bridge on Rte 376 j. Peddlers License Application from Cyrus Vaughn t 4v• 11•01"16- k. Mary VanDeCarr request consideration for appointment as DCO 1. Notice of P.H. from T/Pk on Amendment to Zoning Ordinance m. K. Croshier, H. Supt., status report on Mina & Nancyaleen n. Bruce Stotz_re: Lease Renewal for T/Justice Ct. o. Lawrence Farms Draft EIS referred for comments from T/ Ping. Bd. p. Sup. Diehl re: Rockingham Rec. Field flooding 6. COMMITTEE -REPORTS 7. RESOLUTIONS a. -Central Hudson recommended Changes for Cameli and Hughsor'- Light Districts b. M. Busi application for Special Use Permit for Landfill d. Accept Leskow and De Gelormo Deeds e. Inter -Municipal Agreement - Tri -Municipal 8. UNFINISHED BUSINESS 9. NEW BUSINESS a. Mr. & Mrs. R. Conley re: Bell-AirjLane Drainage Problems c3 0 • Loc ar retue l '11t 4k"G' i�l � '/Q.%.v t: - 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on June 14, 1982 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl called the meeting to order at 8:07 P.M. Present: Louis Diehl, Supervisor Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Nicholas Johnson, Councilman Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town Kenneth Croshier, Acting Highway Superintendent Mr. Diehl announced that Mr. Johnson was taken to Vassar Brothers Hospital and was in intensive care. All stood for the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of May 10, 1982, having previously been sent to all Board Members, were now placed before them for their consideration. MR. MCCLUSKEY moved that the Minutes of the Regular Meeting of May 10, 1982, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Mills Motion Unanimously Carried Reports were received from the Town Justices for April and May, from the Receiver of Taxes for April and May, Supervisor/Comptroller through April 30, 1982 and the Hydrant Report for May. MRS. MILLS moved that the reports received be accepted and placed on file. Seconded by Mr. McCluskey Motion Unanimously Carried The next two communications on the Agenda related to the same subject, therefore, the Board chose to discuss them simultaneously; The first was from Mr. & Mrs. Goetz regarding the extension of the water line on Old Hopewell Road, and the second was from Mrs. Margaret Pierson on water and sewer districts in the same area. Mrs. Mills noted that Mr. Lapar had been requested, at the last meeting, to submit a study on estimated cost of installing water and sewer lines in the Cedar Hill Area and recommended that he add on to this report and include all those within the water and sewer districts who are not being serviced at the present time. Mr. Goetz was present and spoke of the inconvenience he was now going through because the Town had not put the lines in this area; he was promised the service three, at the most, four years after the district was formed and he was still waiting. Both he and the Pearsons ran out of water last summer and at this point he saw no reason why they could not have this facility since they were paying taxes to the Town for services they were not receiving. Mr. Versace felt that Old Hopewell Road should be top priority on the Engineer's report. MRS. MILLS moved that the Engineer be authorized to continue the previous study he was authorized to do and include all areas in the water and sewer district that are not being serviced in the estimated cost, exclusive of Old Hopewell Road which should be treated as a separate unit. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Lapar had submitted a report on Estimate Costs of areas unsewered in the Wappinger Sewer Improvement Area ##1, however, he did not arrive at the meeting until 8:33 P.M. and the Board preferred to wait for him before discussing it. A letter was received from Mr. and Mrs. Howard Bennett,l0 Sherwood Heights, regarding a continuing water drainage problem on Sherwood Heights which was caused, they stated, from excava- tions in conjunction with the road extension and the Carmel Heights development. The Highway Superintendent, when questioned about the matter by Mr. Diehl, reported that the developer had promised to complete the clean up work by last week but never showed up. Mr. Croshier said he would contact the developer and inform him to complete the work in the immediate near future and Mr. Diehl requested that the Bennett6 be notified of this action. A discussion ensued between Mr. Versace and Mr. Croshier regarding paving the road; Mr. Croshier felt that should be delayed due to the possibility of water and sewer lines being installed, however, ur Mr. Versace pointed out that these residents were not in the district and would have to petition the Town Board for these services and nothing had been received from them. The outcome of the discussion was that the road would be paved in July if no petition was received before that time. A letter was received from Ralph Ames, 110 Kent Road regarding a rat problem in that area; he was present and submitted a petition to the Town Clerk with over 369 signatures on it who were express- ing concern with the sighting of rats and rat infestation in their neighborhood and further stating "we demand that the Town of Wappinger Town Board and the Dutchess County Department of Health take immediate action to rid us of this problem". Mr. Ames went on to inform the Board that the area where the rats were seen were Ye Olde Apple Orchard, Kent Road, All Angels, Sherwood Heights, Edgehill, Rockingham and that general area; the residents felt it was a serious threat to the health and safety of their neighborhood. He mentioned that Mr. Diehl, Mrs. Mills and Mr. Versace did visit the area to check out the problem, as did Mr. White, Wappinger County Legislator and he knew that the officials of Wappinger were interested in their problem. A representative from the Health Department also visited the area, Mr. Ames continued, gave the people a list of Do's and Don'ts to help control the problem and said he would follow through with a report, and that is what they were waiting for. Mr. Diehl said he had been in touch with the Health Department and asked them to check various locations where the rats might be, but has heard nothing from them since. He also mentioned that in addition to the previous officials who had visited the area, Mr. Poillucci, Wappinger and Poughkeepsie County Legislator, had also been there. Mr. Diehl then moved that the Dutchess County Depart- ment of Health be notified that the Town Board of Wappinger awaits an immediate report from them as to what action they plan to take and what they would recommend the Town to do to solve this rat problem. It was seconded by Mrs. Mills. Mr. Versace wished to add to Mr. Diehl's motion that if the report was received from the Health Department, a special meeting would be called to review the report and consider the appropriate action that should be taken by the Town Board, and Mr. Diehl agreed. Before voting on the motion, Mr. Diehl asked if there were any other comments from the residents. A lengthy discussion followed and there were many comments from the residents indicating their displeasure with the Department of Health and their lack of cooperation in this matter. After listening to this discussion, Mr. Versace remarked that the consensus he was hearing was that the residents preferred not to wait for the report from the Health Department but rather that the Town contact pro- fessional people to rid the area of the rodents. Mr. Versace then moved that the Supervisor contact a professionalpest control firm to investigate the areas indicated by the residents and report their findings to the Town Board at which time a Special Meeting would be set to consider action on the problem. Mr. Diehl had reservations on this motion since a private firm could not go on private property and this could present a problem; Mr. Versace's intent was for the firm to investigate the areas where the rats were and come back to the Board with their recommendations, then it would be up to the Board to get permission from the residents for the pest control firm to enter their property. Mr. McCluskey interjected his opinion that the Health Department should be given a chance to act (admitting that they already had been given a chance) since they might have future problems if they did not follow standard procedures of that department; he suggested that they be given a week to respond. Mr. McCluskey moved that the Department of Health be given one week, which would be next Monday, June 21st, 1982, to take action on the rodent problem in the Kent Road area of the Town, before calling in a pest control firm. At this point more complaints came forth from the residents. Sandra Goldberg, Wappinger County Legislator, was present and Mrs. Milts asked her opinion since they were talking about a County Department. Mrs. Goldberg commented that there was a limit as to how long you can wait, they have to think of the well being and safety of the residents, they couldn't wait forever, but she would contact that department the next day and if she had any more information she would call Mr. Diehl. Mr. Diehl asked the Town Clerk to have the letter to the County Health Department, addressed to Jack Hill, hand delivered to him, by whomever was available, perhaps Mr. Logan or Mr. Cuatt. Mr. Versace asked Mr. McCluskey to amend his motion again and set the deadline for Thursday, and have Mr. Diehl set a special meeting for Thursday evening so in the event no report comes in, they can take action at this special meeting. Mr. McCluskey agreed to amend his motion but did not feel a special meeting was necessary since Mr. Diehl could use his authority as chief officer of the Town and call an emergency, if necessary, and contact the pest control firm. MR. MCCLUSKEY moved that the Town engage a professional pest control firm to investigate the rat problem in the Town if no report is received from the Dutchess County Department of Health by Thursday, June 17th, 1982. Seconded by Mr. Versace Motion Unanimously Carried When Mrs. Mills voiced concern over residents in other areas who might see rats, Mr. Diehl said he would direct the firm to investigate the whole area starting at Route 9. Mr. McCluskey asked the Attorney to look into the necessary documents that might be needed in this matter to protect the Town from liability. A request was received from Mr. & Mrs. Jack Armstrong to rezone their property located on the northeast corner of Old Hopewell Road and Losee Road, from residential to neighborhood business. Mr. Diehl could not foresee rezoning this property and moved to refer it to the Ordinance Committee with a recommendation that they take no action. Mr. McCluskey seconded the motion and stated that he felt the rezoning would be out of character with the neighborhood. Mr. Versace commented that if the feeling of these two members was that they would not consider rezoning the property why then refer it to the MR. DIEHL moved Seconded by Mr. committee ---why not deny it. to deny the rezoning request from the Armstrongs. McCluskey Motion Unanimously Carried A request was received from Michael Cornell for a zoning change of his 31.5 acre parcel on Myers Corners Road from R-20 to OR -10A (Office Research - ten acres). Mr. Cornell was present and asked that the Town Board discuss this rezoning at a work shop session. Mr. Versace asked if he had any plans to submit to the Board at this time and Mr. Cornell replied that he did not, however, their intent was to present these plans at a work shop and thoroughly discuss them before setting a public hearing; Mr. Versace reiterated that the normal procedure was to submit some type of plans to the Board at the time the request is presented and the Board would either refer it to a future work shop session or deny it; at this point they have nothing to go to work shop on. Mr. McCluskey reminded Mr. Cornell that when the previous request was withdrawn by them and they informed the Board that they would submit, they were told by the Board Members that they would not consider the rezoning unless the new application was substantially different; he asked Mr. Cornell if the plans met these requirements and Mr. Cornell responded that they were substantially different --- if the Board did be withdrawn. Mrs. Mills voiced her opinion that if shop session for a matter that needed not agree that they were the application would a resident discussion requested a work with the Board, they could not deny this request; this did not mean that she was for or against any proposal but since Mr. Cornell asked for it, they owed it to him or anyone else to grant the request to them. Mr. Diehl moved that new plans from Cornell & Drake be presented to the Board within one week and the Board will decide after reviewing these plans whether to schedule the discussion on a work shop session or to deny the rezoning, however, no public hearing will be set until the plans are reviewed. Some of the residents had comments to make and Mr. Diehl recognized Herb Elman, 99 Ardmore Drive, said he had been at the last meeting of this rezoning and thought the townspeople made it very clear that this request should be held in abeyance at least until IBM was in full swing and school was back in session in the fall, so they could get the full impact of the situation; the Board should keep this in the forefront of their minds rather than the back of their minds. Linda Margarone read the following statement from Dolores Chechek, Trustee of the Wappingers Board of Education, who could not be present due to a meeting of that Board: June 14, 1982 As a member of the Wappingers Board of Education and individual, my first priority must be the safety of the children who attend, and the teachers and staff who work in the two schools on Myers Corners Road. The present traffic conditions in the mornings and afternoons are, in a word, hazardous! We have yet to experience, what the traffic will be like when the new IBM complex becomes completely staffed and operational and the schools are open. To add another industrial complex to further impact this traffic glut on Myers Corners Road, in my opinion, would be insanity. There is also the environmental impact to be considered. The polution of air and the depletion of the water table, will have a devastating effect on the property owners who now live in the immediate area, not to mention the depreciation of their property values. I, therefore suggest, you heed the desires of the greatest number of the people you were elected to represent and not grant the zoning change that would allow more industry and even greater traffic along Meyers Corners Road and put the lives of our children in jeopardy. Sincerely, s/ Dolores Chechek, Trustee, Wappingers Board of Education Miller Hill Road Hopewell Junction, N.Y. 12533 Mrs. Margarone presented a petition with over 50 signatures of residents within one block of that area recommending that the Town deny the request by Cornell -Drake to rezone their 31 acres from residential to office research because of 1) inadequate roads, 2) increased traffic in an already high traffic area and 3) water aquifer recharge area is located directly under this property and it also contains a wetland area and both should be protected. Barbara Cogan asked if she was correct in stating that this area was rezoned seven years ago to multi family and residential. Joe Incoronato remarked that the rules of their work shop sessions are that there is no public input and he felt this works against the best interests of the public. Will there be a public hearing for public input, he asked, so they can have the same advantage as the principal has? Mike Hirkala commented that this has happened before, the Town turns a developer down, why do they keep coming back without knowledge of the policy of the Board. An overriding factor in this case is out of the Board's hands ---the County is not about to put a four lane highway on Old Hopewell Road or All Angels Hill Road, so why keep submitting this type of request which involves traffic intensity knowing full well that the area cannot handle it. The Town Board should adopt a long term policy in these cases and would save themselves a lot of time. Mary Porpora, 32 Kent Road, expected a presentation from Mr. Cornell at this meeting; then she could understand discussing it at work shop and a public hearing would follow, but at this point, they have nothing to discuss. Ginny Leahy, 3 Russett Lane, presented a petition with 124 signa- tures of residents in that area against the rezoning. Mr. Diehl explained that the procedure had to be followed ---work shop, public hearing, then adoption or denial; Mr. McCluskey went into detail on this same procedure; Mr. Versace persisted with his opinion that the normal procedure for a rezoning request in the past has been that they are put on an agenda and they present a set of maps to the Town Board which is also received by the Town Clerk and placed on file for future review; usually the applicant makes a presentation at that meeting and the maps were briefly viewed by the Board and the matter was then referred to a work shop session. This procedure has not been followed, he said, nothing has been presented; he wanted the opportunity to take the information home and review it before taking it up at the work shop session, and be prepared to ask questions of the applicant. He would not support referral to the June work shop. Mr. Diehl disagreed with this reasoning since Mr. Cornell did submit the rezoning request; they would review it at the work shop and at the July meeting be ready to set a public hearing for July or August; Mrs. Mills interrupted to say that there might not even be a public hearing if the plans were unacceptable to the Board. Comments were then brought forth from the residents that the Board had promised not to have a public hearing until after school was in session, however, Mr. Diehl had stated that the committment from the Board was no public hearing until after IBM opened. After considerable pressure from the residents, Mr. Diehl agreed that the public hearing would not be set until after school reopened in September. Barbara Cogan, 16 Plaza Road, wished to make the point that it was stated that Mr. Cornell was given a courtesy that any other resident received, but if she were to rezone her property it would not create the traffic hazards that his request would cause. She continued that Route 9 was still a two lane highway even though we: were promised it would be widened years ago, so the Town should not consider this rezoning with the thought that some day Route 9 will be widened. Mr. Diehl allowed all the residents to voice their opinions which continued along the same vein, all against the rezoning, however, he repeated that the applicant had the right to resubmit and receive consideration by the Board and it was the intent to follow the same procedure as they did for the first application. MR. DIEHL moved that Mr. Cornell contact the proposed buyer and demand that the plans and map be delivered to the Town Clerk no later than Monday, June 21, 1982 who will distribute them to the Town Board Members for discussion with the principal at their next work shop session, June 28, 1982. Seconded by Mrs. Mills Roll Call Vote: 3 Aye Mr. Versace ---Nay An order was received from the New York State Department of Transportation for maintenance by the Town of Wappinger of a bridge on Rt. 376, however, the exact location of this bridge could not be determined. 0 MR. MCCLUSKEY moved that a letter be directed to NYSDOT asking that they specify what bridge they are speaking of and why the Town should maintain it. Seconded by Mrs. Mills Motion Unanimously Carried Item 5c on the Agenda had been tabled pending Mr. Lapar's arrival; he was present and the Board discussed the report submitted by him on Estimate Costs of Areas Unsewered in the Wappinger Sewer Improvement Area ##1. Mr. Lapar explained he had included Cedar Hill and Hopewell Road up to the top of the hill where the easement was; there were some areas this report did not cover. Mr. Versace asked if Cedar Hill was in the water district and Mr. Lapar replied it was not; they would have to become tenants to the district if they wanted to hook up. Discussion ensued with Mr. Lapar and the Board on costs and installations and Mr. Versace had questions. It was determined that they were over on the original bond issue, and the estimated total bond cost to sewer Cedar Hill area was $634,000.00; these residents were entitled to this service but where would the money come from; it would now have to go to public hearing because they exceeded the bond issue. Mr. Versace wondered why they exceeded the three million dollar figure and asked that it be checked into and a report made to the Board. MR. DIEHL moved that the Attorney and Comptroller contact the Department of Audit and Control for direction to sewer those areas in the district that are not presently serviced and when this report is received, the Board will then consider the financial arrangements to service these areas. Seconded by Mrs. Mills Motion Unanimously Carried Two applications had been received for Peddlers Licenses, one from Cyrus Vaughn and one from William Molina, both veterans. MRS. MILLS moved to approve both applications for Peddlers Licenses. Seconded by Mr. Versace Motion Unanimously Carried Mr. Versace reminded the Board that the application of Ronald Karlic for a Peddlers License had been referred back to the Health and Safety Committee at the last meeting for clarification since he had checked two boxes for the method of peddling. MR. MCCLUSKEY moved that Mr. Karlic be directed to resubmit his application and clarify the method of peddling. Seconded by Mrs. Mills Motion Unanimously Carried An application was received from Mary Van De Carr for consideration by the Town Board of her appointment as a Dog Control Officer. MRS. MILLS that this application be referred to the Health and Safety Committee for them to set up an interview with Mrs. Van De Carr and any other applicants that have been received. Seconded by Mr. McCluskey Motion Unanimously Carried A Notice of Public Hearing was received from the Town of Poughkeepsie on an Amendment to their Zoning Ordinance on June 30, 1982. MRS. MILLS moved that this Notice of Public Hearing be received and placed on file. Seconded by Mr. MCCluskey Motion Unanimously Carried A status report was received from Kenneth Croshier, Acting Highway Superintendent on the work at the Pondview Subdivision, stating that the proposed turn-arounds on Mina Drive and Nancy- aleen Drive were in the wrong location and could not be black - topped until they were relocated. As of the date of the report, May 21, 1982, no work was being done. It was agreed by the Board that this work must be done completely by August and the word "completely" was emphasized. MR. DIEHL moved that Mr. Croshier inform the developer that this work must be completed in a four week period, as directed by the Town Board. Seconded by Mrs. Mills Motion Unanimously Carried A notice of lease renewal for the Justice Court was received from Bruce Stotz owner of the building now being rented for that department. Mr. Diehl noted that notification of the Town's intent to renew the lease had been sent to Mr. Stotz; it now needed discussion on negotiations. MR. MCCLUSKEY moved that the Comptroller be notified that the Building Committee would meet with Mr. Stotz to discuss terms of the lease and report back to the Town Board. Seconded by Mrs. Mills Motion Unanimously Carried A copy of the draft environmental impact statement for Lawrence Farms was sent to the Town Board from the Planning Board for their review and comments, if any, within thirty days. The Town Clerk noted that this statement was on file in her office if any Board Member desired to review it. Mr. Versace asked Mr. Hawksley, Chairman of the Conservation Advisory Council if he had reviewed it and if so, did he have any comments to make. Mr. Hawksley responded that the whole Council had not reviewed this statement but from his observations, there were some shortcomings in it; the Board preferred to wait for his comments. MRS. MILLS moved that the Town Board reserve comments on the draft environmental impact a report was received from with their recommendations. Seconded by Mr. McCluskey statement from Lawrence Farms until the Conservation Advisory Council Motion Unanimously Carried A memo was received from Mr. Diehl regarding flooding at the Rockingham Recreation Field, residents' property and the Water Plant. Mr. Diehl had inspected the area and found it to be worse than he expected and felt immediate corrections and improvements should be made to protect the property involved and to prevent possible electric failure of the water plant which would cease the operation of the plant. Mr. Lapar had inspected site, also Mr. McCluskey had been there and took pictures of the area; he felt a larger culvert was needed. Mr. Croshier said it was due to blockage in Sprout Creek which should be cleaned, however, that would involve cleaning it 'all the way to Pleasant Valley whichlof course` would be impossible for the Town to do. Mr. Diehl was looking for a solution to the problem that the Town could cope with in our immediate area. Mrs. Mills felt that the culvert could be enlarged to help the situation. Mr. Weber, 27 Regency Drive was present and was recognized by the Chair; the situation was not, he said, as a result of 4 days of rain, this has happened in the past as many as 4 or 5 times a year, always with the winter thaw and always with the spring rain. He gave a history of that area which, he said, was always flooded and when the homes were built, the roads were directed away from the creek instead of towards it; the pipes in the culvert are inade- quate and were inadequate when they were installed ten years ago. Nothing could be done until the creek recedes, but it was agreed that a larger culvert was needed to relieve the flooding. MRS. MILLS moved that the present culvert be replaced with one as large as possible using Downstream Drainage Funds and clean out the area at the same time, or any other solution the Engineer recommends to relieve the flooding. Seconded by Mr. McCluskey Motion Unanimously Carried Under Committee Reports, Mrs. Mills directed her comments to Mr. Lapar---Well ##1 in the Central Wappinger Water Improvement Area is never used, Well ##5 is constantly used, what happens if ##5 goes, we still have a problem with sand and air on ##1 --- money was spent to correct it, what recourse do they have. Mr. Lapar responded that it is not being operated correctly, it cannot be run at the same capacity that they run Well ##5. MRS. MILLS moved that Mr. Lapar meet with Camo Pollution Control and instruct them on the operation of Well ##1. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Mills then discussed flushing the sewer plants; this started last fall but could not be finished due to the weather; now it's past the time that this operation should start again and she asked Mr. Croshier for manpower. One man was needed, the flusher was available. She requested Mr. Croshier get together with Camo Pollution when he was ready to do the flushing. The next item Mrs. Mills discussed was the removal of dried sludge from Mid -Point and Rockingham sewer plants; it was too expensive to contract with a firm to remove it but Bob Cacchio from Camo Pollution Control has found a benefactor who wants the dried sludge so all they need is the equipment, a front loader for two days and she again requested that the Highway supply this equipment; Mr. Croshier replied that he would check out the area to determine if the equipment could safely go in and if it was too wet he would have to wait until the area was dried up. At the last meeting residents of Serenity Mission were present to complain of the deplorable and hazardous conditions that existed on the unfinished roads of that development. After much discussion on that subject, Mr. Diehl made a motion that action be deferred for thirty days and if, at the end of that time, nothing had been settled in the courts, the Town proceed with the project of blacktopping the roads. At this time he wished to follow through with that motion. MR. DIEHL moved that the Engineer to the Town and the Highway Superintendent prepare the necessary specs to complete the roads in Serenity Mission and legal action be continued to recoup the money which would be expended by the Town to finish this project. Seconded by Mrs. Mills Motion Unanimously Carried Mr. McCluskey reported that Supervisor Diehl, Mr. Versace and himself had a meeting with Central Hudson regarding the installa- tion of high pressure sodium units which he thought was very informative; he turned this discussion over to Mr. Versace who had met with Joseph Schaetzl to finalize contracts with two lighting districts which would come up under resolutions. Mr. Versace reported that Camo Pollution Control recommended that we request the County to waive the chlorination of our water systems and he asked Mr. Lapar to contact Camo to determine what was necessary to do this. Mr. Lapar responded that they had had a meeting with Mr. Diehl and the Health Department at which time this was discussed and they asked for a waiver which cannot be granted until Camo produces the required data on the water system over a six month period. Mr. Versace's next report was on "Children at Play" signs and he had checked out the locations that had been recommended to put these signs and saw no problem with them; he checked with the Attorney and determined that they were not legally enforceable but would advise a motorist that in that particular area there were children at play. He would recommend that the Highway place the. signs at the recommended locations ---2 on Kent Road, Split Tree Drive, Quarry Drive, Wildwood Drive area, entrance to Rockingham Section 2 entering from Old Hopewell Road and All Angels Hill Road, and Rockingham Section 1, two entrances off All Angels Hill Road -Regency Drive. The recommended sign, Mr. Versace said did not have a picture of a child, it just said "Children at Play", and he displayed a picture of the sign. Mr. McCluskey went along with Mr. Versace's recommendation but pointed out that the state cautions Board Members not to go hog wild putting these signs up wherever the residents requested them since it would encourage children to play in all the streets. MR. VERSACE moved that the Highway Department install "Children at Play" signs at the suggested locations. Seconded by Mr. McCluskey Motion Unanimously Carried At the last work shop session of the Board, Mr. Versace said the Comptroller was requested to produce data on functioning and non- functioning water meters in the Town and this information has not yet been received. MR. VERSACE moved that the Town Clerk contact the Comptroller b" to request this information for the Water and Sewer Committee for their review and recommendation to the Town Board. Seconded by Mrs. Mills Motion Unanimously Carried Central Hudson had forwarded recommended changes for the Cameli and Hughsonville Light Districts which would be done in four stages, two in each district. Mr. Versace reported that he had met with Joseph Schaetzl from Central Hudson and discussed these changes and the Lighting Committee (Versace and McCluskey) and Mr. Diehl had attended a seminar on the presentation of these new lights which give better lighting to the district and although the installation and maintenance are costly, the energy used is less than the present incandesant lights now being used. The actual increase in the Cameli Acres Lighting District would be approximately $67.00 for a change of six lights; in Hughsonville Lighting District, it would be a cost of $507.00 for a change of 26 lights. MR. VERSACE moved that the Supervisor be authorized to sign the contract with Central Hudson for the changes as specified for the purpose of better lighting and less energy being consumed. Seconded by Mr. McCluskey Motion Unanimously Carried He then recommended that at budget time they consider changing more lights in Hughsonville and Chelsea since there is a surplus in those accounts due to overestimation by Central Hudson. The Planning Board had recommended that the Town Board approve the application of Michael Busi for a Special Use Permit for soil mining and the matter was now placed before the Board Members for their consideration. MR. MCCLUSKEY moved that Mr. Busi's application for a Special Use Permit be approved. Seconded by Mrs. Mills Motion Unanimously Carried The next item was consideration by the Board of acceptance of Leskow and DeGelormo Deeds; the Attorney had forwarded these deeds to the Engineer's office and Mr. Lapar had just received them and had not had time to review them. MR. VERSACE moved that this item be tabled for Mr. Lapar's review and recommendation to the Town Board. Seconded by Mrs. Mills Motion Unanimously Carried Since Mr. Johnson was not present, the next item could not be discussed as it concerned an Inter -Municipal Agreement with Tri - Municipal. MR. DIEHL moved that this item be tabled to the July meeting. Seconded by Mr. Versace Motion Unanimously Carried When questioned by Mr. Versace, Mr. Adams said there were a few questions on this Agreement and Mr. Versace asked that the Attorney write to the Commission for answers to the questions he had and hopefully they would receive a reply before the next meeting. A letter was received from Mr. & Mrs. Conley concerning Bell -Air Lane Drainage Problems which had been referred to Mr. Lapar and Mr. Croshier for their inspection. Mr. Lapar gave a report to the Board on the problem and explained that it could not be fixed until the Pondview development was completed or the alternate was an easement from Mr. Sheedy to build a retaining wall to direct the water to the ditch running along Mr. Sheedy's property. After a lengthy discussion it was recommended that Mr. Lapar pursue the alternate he had suggested. MR. DIEHL moved that Mr. Adams and Mr. Lapar contact Mr. Sheedy to obtain an easement from him in order to build a retaining wall to properly divert the water which'would alleviate the drainage problem. Seconded by Mr. McCluskey Motion Unanimously Carried While on this subject, Mr. Versace brought up correspondence received from Steven and Carol Petvai, 2 Bell -Air Lane con- cerning problems they have had in the past when the Bell -Air Drainage system was put in; one problem has been corrected, however, the one he is concerned about presently is damage to the foundation of his house when the contractor was blasting. He had put in a claim to the insurance company back as far as October 7, 1980; the company did inspect the damages and indicated that there was a problemi took pictures and informed the Petvais that they would return to assess the dollar figure of the damage. As of this date he has heard nothing from this company (retained by developer) and he is looking to the Town for support although it is not a claim against the Town; Mr. Versace felt that the Attorney could intercede in this matter by contacting the insurance firm for information on what is being done on this particular claim and when they intend to resolve it. At the present time, he continued, there is a retainage fee being held from the developer and he recommended that the Town hold this fee until this problem is resolved. MR. VERSACE moved that the Attorney take the necessary action concerning the Petvai complaint. Seconded by Mr. McCluskey Motion Unanimously Carried Carol Petvai was then recognized by the Chair and revealed another problem they were having ----when the contractor returned in the summer of 1981, he partially finished the job of putting the pipe at the end of the drainage line and directed the water into their drainage field which goes under their house and buried one of their pipes which subsequently caused seepage in their basement; this activity was not noticed by them until the spring thaw at which time they engaged a contractor to dig up the yard to determine where the seepage was coming from. When the cause was determined, the contractor corrected it by laying new pipes and divert the water away from the house. Her top soil was eroding away due to water running off Bell Air Lane across the easement and down to the creek on its own; Mr. Lapar visited the area on a rainy day and was aware of the problem but was under the assumption that the contractor would correct it. The residents on that road have not seen the contractor who put in the drainage system since he completed the laying of the pipes, but Mrs. Petvai felt there was still a lot left to be done. Mr. Diehl referred these matters to Mr. Adams and Mr. Lapar for investigation and noted that the contractor was notified of all complaints that were received in his office. Mr. Petvai was recognized by the Chair and thanked the Town officials for their concern and further requested that the Town help him recoup the $3,000.00 he had expended to correct the problems caused by this contractor. Mr. Diehl then recognized two Wappinger County Legislators, Mr. McMillen and Mrs. Goldberg and asked them if they had reports from the County Legislature. Mr. McMillen had two items of interest for residents of Wappinger---1. the County passed a resolution memorializing the state to recognize the MIA Park in the Village of Wappingers Falls, which, he noted was the only one in the state, 2. the County passed a resolution on a three year contract with the Sheriff Department and the Jail Guards agreeing to a 74/ pay raise this year, 7 3/4% next year, new dental plan to go along with their medical plan; Dr. John Scott was hired as full time Commissioner of Health effective June 28, 1982; another resolution passed will save Dutchess County 1.4 million dollars over a ten year period regarding the installation of new telephones with a private firm. Another item which was to subpoena Commissioner Flache was pulled out at the last minute by committee due to the fact that a meeting was set up for the next day with the Commissioner; if nothing was accomplished at that meeting, the resolution would be reintroduced; this was in regard to removal of toxic wastes at the Mancini property. Mr. McMillen stated that these actions were the results of the efforts of Supervisor Diehl. Mrs. Goldberg reported that at the County Legislature meeting the Legislators were requested to ask their respective Town Boards to write a letter of support to the Town of Poughkeepsie for the Resource Recovery Project. The Town had already adopted a reso- lution of support on this project, but Mrs. Goldberg pointed out that this was entirely different, it was a matter of writing to the Town of Poughkeepsie, not the County, giving their support, and stating that we recognize the need for this project. The Board Members were not comfortable with taking this action; Mrs. Mills felt they should mind their own business and mot interfere with the Town of Poughkeepsie since they had already stated their support to the County; Mr. McCluskey thought they should leave it at that; Mr. Diehl was not agreeable to this action; Mr. Versace said he had no comment. There was no action taken on this request. Mr. Logan wrote to the Board requesting permission to attend the Annual Assessors Seminar at Cornell University from August 1 through August 6, 1982; he had not attended the Conference at Atlantic City that had previously been approved by the Board. Mr. Versace had no objection to Mr. Logan's request but noted that this account was overexpended and a transfer would have to be made. MR. MCCLUSKEY moved that permission be given to Mr. Logan to attend the conference and that the Comptroller be notified to make the necessary transfer to this account. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Versace brought up an item from the Zoning Board of Appeals concerning a proposed fee of $35.00 for appeals and consideration by the Town Board of this action. He referred this to Mr. Adams who informed him that the Zoning Board of Appeals had the authority to impose this fee on their own and the Town Board could if they so desired, advise them of their support of this action. Mr. Versace then requested the Attorney to write to the Zoning Board of Appeals and advise them that this action was within their power to adopt on their own. MR. VERSACE moved that the Town Board support the $35.00 fee that the Zoning Board of Appeals wishes to instigate for filing appeals. Seconded by Mr. McCluskey Motion Unanimously Carried Mary Schmalz was recognized by the Chair and asked the Attorney and the Engineer if functioning meters were put in all homes in the Central Wappinger Water Improvement Area since that had been mandated at the state hearings. Mrs. Mills interjected that they were waiting for a report from the Comptroller; it was a big project and would have to go to bid. Mrs. Schmalz then inquired about the work that was supposed to be done at the Spook Hill Recreation Area by Mr. Klein. He's building away, she said, but has not completed or started the required work. She brought it up at the Recreation Commission meeting and was told that there was a law suit involved which was holding it up but she did not think this story was legitimate. Mr. Versace answered that the Town Board had not been notified of any problem in that area and they assume that the developer is carrying out his obligations. If there is a problem, he continued, discuss it at the next Recreation Commission meeting and notify the Town Board so they, in turn, can authorize the Attorney to take the necessary action to correct it. Mrs. Schmalz persisted on the matter and felt they should take action now since the summer was here and the area was without a recreation area; as far as she was concerned, all build- ing permits should be stopped until the recreation area was completed. The Board Members repeated that they had to have the facts before they could take any action. Mr. Diehl asked Mr. McCluskey, member of that committee, to check with the Recreation Commission to determine what the problem was. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mrs. Mills and unanimously carried. The meeting adjourned at 11:14 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 6/14/82