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1981-03-09 RGM11 u it AGENDA TOWN BOARD TOWN OF WAPPINGER MARCH 9, 1981 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO THE FLAG - GIRL SCOUT TROOP #125 3. ACCEPT MINUTES - Feb. 9, 1981 Reg. fl e rc, (a _ 4. REPORTS OF OFFICERS: 265 Town Justices (Jan.) Bldg/Zoning ---Ssipinaemptt. H. Supt. Hydrant report Supervisors Annual Report 5. PETITIONS & COMMUNICATIONS a. Joel Hanig, Atty. representing Fairview Enterprises, Inc. re: Pondview - Bldg. Permits b. Zoning Amendment request - CooperRd. Area Residents w/ Zoning Board of Appeals recommendation c. Rob't Ianelli, Atty re: request Zoning Amendment for Olivo property to Commercial - Rte 82 g`t d. Resignation of John Perillo from Cons. Advisory Council`- y 8 e. Louis Hei•ibach, Orange Co. Exec., re: support for creation of a Mid -Hudson Growth Corridor f. Attorney to Town report on Cablevision Charges for Premium Service g. R.E. Lapar Estimate for T/W Drainage Study -Phase II h. R.E. Lapar Report on Dr.,4xelrods request for Drought Emergency Plan i. R.E. Lapar Report on Mid -Point S.D. Consent Order j. Peter Anagnos, P.E., re: Ketchamtown Rd.' k. Wm. Sanford, Ex. Sect'y, Association of Towns letter to A. Crosby L. Gn4s Natiet4 --- Atx•�:s wlt\4a tjz4 .f 5 c4se_ ia.AK M. L44 -0N tib, 6. COMMITTEE REPORTS 0, y , Su ,dr_41+,.aw� 5eediaQ p `��••� ° YS�ci^S 7. RESOLUTIONS se"'z" p'Pc c� a. Res. Authorizing the Appropriation & Expenditure of $11,000 to pay cost of preparing Gen. Map, Plan & Report for W.S.Imp. #3 b. Transfer request by Comptroller for $11,000 c. Request release of retainage to D. Alexander for Armdore Hills Water Imp. Area Contract d. Bids for Refurbishing Wells e. Bids for Football Equipment - Recreation f. Zoning Ordinance & Map Amendments 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT 266 The Regular Meeting of the Town Board of the Town of Wappinger was held on March 9, 1981 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:04 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Janet Reilly, Councilwoman Others Present: Jon Holden Adams, Attorney Rudolph E. Lapar, Engineer to the Town Girl"Scout. Troop #125 was present and at Mr. Diehl's request lead the congregation in the Pledge of Allegiance to, the Flag. The Minutes of the Regular Meeting of February 9, 1981 and the Special Meeting of March 6, 1981, having previously been sent to the Board, were now placed before them for their consideration. MR. JOHNSON moved that these Minutes of February 9th and March 6th, 1981, be and they are hereby approved a submitted by the Town Clerk. Seconded by Mrs. Mills Motion Unanimously Carried Reports were received from the Town Justices for January and February, Building Inspector/Zoning Administrator for February, the Highway Superintendent's Hydrant Report and the Supervisor's Annual Report for 1980. MRS. MILLS moved that the Reports be accepted and placed on file. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Joel Hanig, Attorney representing Fairview Enterprises, Inc. was present to speak on building permits in the Pondview Subdivi- sion. He then stated that this was his second -appearance before the Board in this matter. A;question of concern on the part of the Board at that time was a vaster holding pond and they took action to stop the issuance of building permits. Since then the holding pond has been eliminated and other minor items have been completed, one of them being that the water runoff wad directed to the Town drainage area already established. Mr. Adams had met with him since then and stipulated that a designated amount of money was to be put into an escrow account to guarantee the completion of this work. Mr. Horton set this amount at $4,450.00 in his letter to Mr. Adams dated January 28, 1981. This amount was to be paid upon transfer of the first lot, and represented $4,000.00 for back -fill and seeding of 1100 feet, $250.00 for the placing of 7 monuments, and $100.00 to make the out -flow into a curve rather than a straight line. The last item, Mr. Horton noted, could not be undertaken until spring. It appeared to Mr. Hanig that this proposal was no longer acceptable to the Board and due to the continued moratorium on the permits, his client is suffering a financial hardship. He then asked the Board for guidelines to follow in order to have them approve ance of building permits in this subdivision. He went this discussion claiming that although it was noted by the issu- on with Mrs. Milts that it was difficult to work with this developer since they were never able to contact him, whenever he was contacted to discuss this matter with the Board, he always complied with this request and was present with his client. He noted that there were 7 lots to be completed and at a previous meeting he had asked approval for one lot. The conditions set forth by the Attorney were agreeable consider his request and to his client and he asked that the Board take action tonight. Mr. Diehl recommended that the Board give approval of two building permits and discuss the issuance of permits for the additional lots at a future work shop session. MR. DIEHL moved that two building permits be approved for the Pondview Subdivision conditional upon receipt of the total amount of $8,450.00; the sum of $4,450.00 must be received by the Town Clerk before the first permit is issued and an additional $4,000.00 must be received before the second permit is issued. Seconded by Mrs. Mills Motion Unanimously Carried �2'w 8 Mr. Johnson asked that the Town Clerk send a letter to Mr. Hanig stating that at the time the monies are deposited with the Town, building permits will be issued for the Pondview Subdivision, as previously outlined. Mr. Versace wanted it made very clear that the purchasers of these lots were made knowledgeable of these conditions, since the permits would not be issued to them until these conditions were satisfied. Mr. Diehl noted that there were a considerable amount of people attending the meeting and assuming that they wanted to discuss a proposed water storage tank in the Widmer Road area, moved this subject ahead on the agenda. He then informed those present that papers had been served on Mr. Lafko by the Attorney, tonight, and this matter would be in court tomorrow. This action was taken, Mr. Diehl explained, due to the fact that no approval had been given by the Town for the work being done prior to the proposed tank being installed. Bob Magrin, 28 Split Tree Drive, asked what Mr. Diehl meant by the statement of being in court tomorrow. Mr. Adams explained that in order to obtain an injunction, a law suit must first be instituted. This suit has been commenced and he will appear in court tomorrow, on behalf of the Town, to ask for a temporary restraining order and Mr. Lafko, as one of the defendants had to be notified. Mr. Nadell, 30 Split Tree Drive told the Board that Mr. Lafko moved equipment behind his home several months ago and he was concerned since he did not know what was going to happen; his questions to individuals working there were unanswered. Now that he is aware that a water tank might be put in the location, he's wondering what it is going to look like, how safe will it be for his property or any other resident in the area. Is there a procedure to follow when doing this type of work, he asked. Another route could have been followed so people would know what was going on. When the blasting started they were given five minutes notice, and to feel the house rock is not something you experience every day. It is a matter of deep concern to him and the others and he hoped the Board would handle this situation appropriately. Mr. Magrin noted that there now was a large excavation at the site and he was concerned about the children in the area. Mrs. Rinehart, 26 Split Tree Drive commented that when she was notified of the blasting, she kept the children in the back yard, but there were at least eight children who were told by this individual that they could stay on the hill and. watch the blast- ing. Mary Kenny, 22 Split Tree Drive, remarked that those who were notified of the blasting were luckier than she ---she had no warning and it was a shock to her. She had spoken to Mr. Lafko a few months previous and had been told by him that a 1 million gallon tank would be put on that site, then it went to 2 million, now it is 2.3 million gallons. Where would it end --it keeps growing. Mr. Diehl explained the procedure the Town had to follow when they became aware of these activities, in order to take court action. The Town has not ignored this situation, they have been moving ahead. Mr. Johnson explained that the Building Inspector was on the job site at the start of this work and had issued an order to remedy, then followed this with an order to stop work. A special meeting was held by the Town Board on Friday at wiich time the Board authorized the Attorney to commence legal action in this matter. Mrs. Carol Hald asked if this tank was for the purpose of serving Cranberry Hill and if so why should it be put in their back yard to serve a development that isn't even there and might not be. They were there first! Mr. Lafko had asked to be on the agenda and now addressed the residents present on the concerns they had expressed. He gave the history of Atlas Water from its start in 1959 and informed these residents that they wouldn't be in their present homes if Atlas Water hadn't been formed. He went into detail on the exploratory work he was doing prior to installing the tank 6' which he referred to as an underground concrete reservoir, and assured the people that it would not project more than two feet --it would hardly be visible. He maintained that the blaster he engaged was the best in the business and all legal permits had been obtained. Referring to Mr. Nadell's complaints, he inquired of the Town Board, were they written complaints and were they filed in the Supervisor's office. In his opinion, they were based on a layman's emotional fears. He contended that when the exploratory work was completed and his plans for the tank finalized, he would obtain the proper permit; at this point, upon advice of his council, he did not need any. Mr. George Gati felt the Board should take the location of the tank into consideration and since Cranberry Hills Development has not received final approval, this could be a condition to be met before this approval was granted --provision for locating this tank in their development since there were areas of vacant land and it was there to serve them. Mr. Nadell thought the discussion was veering off the subject; the dangers have now been alleviated, the action should have been taken a week ago, now let the court decide whether Mr. Lafko can proceed. Mr. Lafko reiterated that all the court could do is issue a restraining order on work already finished. Mr. Gati asked why a blasting permit was issued if the Town was seeking a restraining order. Mr. Lafko then interrupted to speak again and the Board felt the discussion had gone on long enough. MR. JOHNSON moved that the discussion on the subject of the water tank be closed. Seconded by Mrs. Mills Motion Unanimously Carried Before the motion was completed, Mr. Versace had comments to make on a statement by Mr. Lafko that Mr. Nadell had not put his complaints in writing on the subject discussed tonight. A resident does not need to file a written complaint, the Board members are available to discuss any matter with a resident, and Mr. Nadell had on many occasions contacted Mr. Versace to express his concerns. Mary Kenny then interrupted the motion on the floor and was recognized by the Chair. She pursued the question previously asked by Mr. Gati relating to the issuance of the blasting permit; why did the Town Clerk issue it. Mrs. Snowden explained that if the applicant complies with the requirements set forth in the Blasting Ordinance of the Town, a permit must be issued, she could not deny it. Mr. Versace was then asked by Mr. Lafko to relate an incident pertaining to a heart attack suffered by Mrs. Riccobona. Mr. Versace admitted taking a call from the Riccobonos' stating that Mrs.Riccobono was suffering a heart attack. He visited the Riccobonos on Sunday morning knowing both Riccobonos were very upset due to the summons having been issued and was then told Mrs. Riccobono was having a heart attack. He spoke with Mr. Riccobono indicating he did not believe the action being taken by the Town would result in lifting Mr. Riccobono's C.O. and assured him that the action being taken was only a result of the leasing of his property to Atlas Water Company and was only the legal avenues that the Town had to pursue. Thomas Riccobono, being recognized by the Chair, offered a note from Mrs. Riccobono's doctor, setting forth the condition he had treated her for on Sunday, which he believes were aggravated by Mr. Gunderud telling them they could be put out of their house (if the C.O. was rescinded) simply because they had allowed Atlas Water Company to lease a piece of their property and would not tell Mr. Lafko to cease what Mr. Gunderud termed improper activities. He concluded by remarking that he and his wife have both suffered illness over these matters and if anything else comes out of this he personally will see that the Town pays for everything. The motion on the floor to close the discussion was then completed. The residents from the Widmer Road area dispersed and Mr. Diehl resumed the regular order of the agenda for the meeting. A request was received from the Zoning Board of Appeals to consider change in zoning on Cooper and Smithtown Roads R-20 and R-80 272 to R-40. A similar request was received from Mr. Rega from the same area. MR. JOHNSON moved that these requests be referred to the Ordinance Committee for their review. Seconded by Mrs. Milts Motion Unanimously Carried The following rezoning request was received: February 20, 1981 Louis Diehl Town Supervisor Town of Wappingers Town Hall Mill Street PO Box 324 Wappingers Falls, New York 12590 Re: Olivo - Commercial Zoning Dear Mr. Diehl: Please be advised that our office represents Louis M. Olivo, Route 82, Hopewell Junction, New York. Mr. Olivo owns certain commercial property on Route 82 in the Town of Wappingers. Mr. Olivo has indicated that an adjacent land owner, Mr. Guarino, is now applying for rezoning of his building from a residential to a commercial use. This rezoning, I understand, would also affect my client's property. The purpose of this letter is to indicate my client's desire and willingness to join in Mr. Guarino's application for rezoning of this land to a commercial status. Should you have any questions or should you desire further clarification of my client's wishes or intentions, please contact me. Very truly yours, Ianelli, Gross & Ianelli s/ Robert P. Ianelli MR. JOHNSON moved to refer this request to the Ordinance Committee for review. Seconded by Mrs. Mills Motion Unanimously Carried A letter of resignation was received from John Perillo, a member of the Conservation Advisory Council. MR. JOHNSON moved to accept Mr. Perillo's resignation from the Conservation Advisory Council with regret and a letter of thanks be sent to him, for his services to the Town. Seconded by Mrs.Mills Motion Unanimously Carried .t, 13 The Council recommended the name of Gerald Webb to fill the unexpired term of Mr. Perillo and had included a resume from Mr. Webb along with the recommendation. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED, that Gerald Webb be and he is hereby appointed to fill the vacancy on the Conservation Advisory Council which has occurred by reason of the resignation of John Perillo, and it is further RESOLVED, that the said Gerald Webb is hereby appointed to the said Conservation Advisory Council to finish the unexpired term of John Perillo which shall expire in July of 1981. Seconded by: Councilman Johnson Roll Call Vote: 4 Ayes 0 Nays A resignation was also received from Howard Prager, Jr. from the Zoning Board of Appeals. MRS. MILLS moved to accept the resignation from Howard Prager, Jr. from the Zoning Board of Appeals with regret and thank him for the time and effort he gave to this Board. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Louis Heimbach, Orange County Executive, wrote to the Supervisor asking for support from the Town for the creation of a Mid -Hudson Growth Corridor, as part of the Hudson Valley Economic Development District. MR. VERSACE moved to table this matter to the next work shop session for further information and discussion. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Versace asked that the Comptroller obtain whatever information he could on this subject. At the last Town Board meeting, the subject of cable service charges was discussed by a Town resident, and the matter was referred to Charles Cortellino, Chairman of the CATV Committee and to Mr. Adams to contact the Public Service Commission to determine the legality of Town involvement regarding rates of optional cable services. Mr. Adams had contacted the PSC and c forwarded his comments to Mr. Cortellino, with a copy to the Board. The Town, it seems, has no say on the charges imposed by the cable company on their premium channel services. MR. JOHNSON moved to receive this communication and place it on file. Seconded by Mr. Versace Motion Unanimously Carried MR. VERSACE moved to set a meeting with Mr. Erichsen from U. S. Cablevision to discuss the present cable services and some of the related problems, on March 23, 1981, their regular work shop session. Seconded by Mrs. Mills Motion Unanimously Carried A Cost Estimate for a Drainage Study, Phase II, was received from Mr. Lapar, which had been requested at a previous meeting. MR. DIEHL moved that this matter be tabled for further discussion at a work shop session. Seconded by Mr. Johnson Motion Unanimously Carried A report was received from Mr. Lapar in response to a request from Dr. David Axelrod, Commission of Health, for all suppliers of water in the drought -affected region to prepare a written drought emergency plan. A report was also received from Chelsea Ridge Associates. Mrs. Mills had attended a meeting on this subject and reported that many of the Towns' had not responded to Dr. Axelrod's request, and they were therefore sending another request hoping to get a better response. Mr. Jack Hill from the Dutchess Count Depart- ment of Health chaired the meeting and two engineers from the Health Department were also present, Mr. Gray and Mr. Glass. Among the respo.cces received from the various Towns, it was noted that the Town of Wappinger submitted the most complete one. After a second attempt was made to receive additional responses, they will be reviewed and sent back to the respective towns with comments, input, and a decision on the plans submitted. They were told that a water plant study should be done in case of an emergency and this should be completed before the implementation of any drought plan. All water sources intended for use in an emergency should be purified, and all necessary tests completed for its use. All wells should be_mpnitored and records kept on the water levels and if a draw down is noted, the Town would be responsible for restricting the use of water for unnecessary purposes. The Department of Health should be notified of any breakdowns due to the fact that if pipes are replaced, there is a chance of foreign matter flowing into the water supply. The next step could not be taken until the Town was notified that their drought plan was approved or rejected or had to be amended, at which time they would take necessary action. Mr. Johnson commented that this subject had been brought lip due to the severe drought the area has experienced, but the Town of Wappinger has been fortunate in having a constant water supply, especially in the Central Wappinger Water Improvement Area, and Atlas Water Company also was in this category, based on informa- tion received by the Town. Mr. Joseph Incoronato, being recognized by the Chair, referred to a matter he had brought up at the sewer and water hearings pertain- ing to hypochlorination of the water possibly being linked to a higher rate of certain types of cancer. He had at that time presented a newspaper article giving some statistics to this effect learned from a study conducted in five states. The Board had agreed to have Camo check the chemical analysis of the water, and Mr. Incoronato asked if this had been done since he had not heard anything about a report being received from Camo. Mrs. Milts remarked that a letter had been sent to Camo to check on the chemical content of the water and check that it was not over chlorinated, however, since they had not heard otherwise, it was assumed that the chloride content was normal; Mrs. Mills would follow through with Camo's findings and apprise Mr. Incoronato of the level of chlorination, especially in Fleetwood. Mr. Hawksley asked about the request made by Mr. Ryan last month to test the wells dor any organic substances; Mrs. Mills responded that she was still reading the material he had submitted and would continue to pursue this matter. Mr. Hirkala was then recognized by the Chair and remarked that he had a well and was concerned about the ground water supply through- out the Towne and urged the Board to give consideration to those l! L 276 with wells as well as the residents in the districts. A report was received from Mr. Lapar on Mid -Point Park Sewer District, Consent Order. Mr. Versace commented that his understanding of this report was that if the Tri -Municipal Project does not become a reality, the upgrading of the Mid - Point Park Sewer Plant will be required by D.E.C. He then went into a discussion on the Tri -Municipal Project and expressed his concerns. The last plan presented to the Town Board appears to be acceptable to the Commission which involved 20% of the Town being served by a sewer maintenance district. He noted that the Town Board approved a preliminary plan in 1974, whereby the whale Town would be served, now it seems that 20% of the Town will not be served by the project; he could not endorse or support the present plan, to him it was going backwards. He could not understand the requirement from D.E.C. and EPA to upgrade the plants or accept the plan as now presented. Mr. Lapar differed on one statement ---the fact that this plan was acceptable to the Commission. There will be many more discussions on the subject and a public hearing still must be held. In the letter that prompted this discussion, Mr. Lapar stated that the Town Board must make a decision on Mid -Point Sewer District by March 20, and he urged the Board to set up a joint meeting with the D.E.C. Permit Enforcement Section to explain the alternates and options and he suggested that the Attorney and Engineer to the Town attend, as well as Camp Pollution Control. Mr. Johnson, too, differed with Mr. Versace on this statement and emphasized the fact that both he and Mr. Jensen violently objected to the plan being presented by the E.P.A. The decision was made by the E.P.A after studies had been made and it was found to be too costly to pipe the entire town. He had written a rebuttal, as part of the reviewing Committee, to those sections of the report and this will be included in the E.I.S. when it is published in the Federal Registe. The Public Hearing can influence the final determination, if the public responds. Mr. Versace continued on and expressed further concerns on the financial burden this would be to the residents. It doesn't matter which way we go, either way will cost the residents. As long as the D.E.C. has put us in this position, let it be their responsibility to provide the monies to achieve the upgrading of the plants. Mr. Diehl felt they should follow through with Mr. Lapar's recom- mendation of a meeting with D.E.C. to clarify these requirements, and asked Mr. Johnson to compile a letter to them for this purpose. Mr. Johnson concurred with Mr. Versace's thoughts on D.E.C. funding, as did the Commission and they were planning to send a formal letter to D.E.C. to request this funding. In answer to Mr. Versace's concern, he assured the Board that the Commission had no intention of going beyond Step 1, which they were already committed to, with- out approval of the full Town Board. As long as they were on this subject, Mr. Johnson went on with a committee report on Tri -Municipal. One of the attorneys to the Commission had contacted New York State Department of Audit and Control to determine the status of the application in regard to the new plan presented. This raised a question on the position of the Town of LaGrange on a possible with- drawal from the project and what effect it might have on the others involved. The Commission then voted to contact the Town of La Grange asking them how they now stood in this matter. The possibility of fast tracking will not materialize for 1981, however the grant sum of approximately $900,000.00 is available and is being held in abeyance. A cut in Federal aid, as proposed by the President, could affect the project, however it appeared that those areas that had gone through a full environmental impact study (EIS) would receive top priority for funding. They have asked E.P.A. for further clari- fication of this information. Mr. Johnson had been in contact with E.P.A. and expressed concern on the progress of the environmental study and was told it was on its way for approval and publication. These were some of the items of discussion at the last Tri -Municipal Commission meeting. Mr. Jensen added to his statements and repeated that the Commission would not move forward without the Town Board approval. They had decided to borrow for a Step 2 grant, when the fast tracking project was initiated, rather than wait for the completion of Step 1. However, due to the time element involved, they could not use it in 1981. He added a few more comments on the procedure of the completion of the E.I.S. and said the Public Hearing would be held in the Town of W pa ginger, possibly the first week of June. 278 MR. DIEHL moved that Mr. Johnson and Mr. Lapar arrange a meeting with the New York State Department of Environmental Conservation, the Water and Sewer Committee, Attorney to the Town and Camo Pollution Control to discuss the upgrading of the sewer districts, as related to the Tri -Municipal Project. Seconded by Mr. Versace Motion Unanimously Carried The following letter was received: Mr. William P. Horton Superintendent of Highways Town of Wappinger Highway Dept. 20 Old Route 9 Wappingers Falls, N.Y. 12590 Dear Mr. Horton: February 13, 1981 Re: CR 35 @ Ketchamtown Road This is to confirm our recent discussions conderning improve- ments to the subject intersection. When weather and scheduling allow, we will stake out the Hussey property lines so we can better determine the extent of improve- ments possible within public road rights-of-way. If room is available, inside pavement radius of this skewed intersection will be lengthened to facilitate left -turn movements from CR 35. The presence of rock is noted and may affect the scope of improvement. In addition to possible widening of the intersection, brush overhanging the property line along CR 35 3i11 be trimmed to improve visibility. Very truly yours, s/ Peter N. Anagnos, P.E., L.S. Director of Engineering Dept. of Public Works MRS. MILLS moved to receive the letter and place it on file. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received from the Executive Secretary kire of the Association of Towns: February 23rd, 1981 Amelia Crosby, Receiver of Taxes Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York 12590 Dear Amelia: Over 200 dedicated people, like yourself, helped in one way or another ( instructors, principal speakers, consultants, presiding officers, special committee officials, etc.) to make our 1981 Annual Meeting the success it was. You were all "volunteers" to the cause of the best local self-government, at the town level in New York State. Your only reward is a very warm and sincere "thanks" from all of us here in Albany and indeed from all of the 8,000,000 townspeople of our great state, the real beneficiaries of your effort. With much appreciation, I am, Yours cordially s/ William K. Sanford Executive Secretary MRS. MILLS moved to receive the letter, place it on file and direct a letter to Mrs. Crosby thanking her for representing our Town, and the Board appreciates her good work. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received from the Highway Superintendent: March 5, 1981 Town Board - Town of Wappinger Mill Street Wappingers Falls, New York 12590 Re: Ketchamtown Road Petition for Signs Dear Ladies and Gentlemen: The posting of a "Slow" or "Caution" sign is not in keeping with the Manual of Uniform Traffic Control Devices in that there is no physical condition that warrants it. This department will review the curve signs to see that they are all in place. Very truly yours, s/ William P. Horton Residents of that area had presented a petition at the last meeting to post these signs, however, the Highway Superintendent, going by the Manual, felt the conditions did not warrant it. Mr. Johnson recommended that they wait for the County to complete the work they planned to do, as outlined in Mr. Anagnos's letter, to determine if this will correct that situation. He suggested that this matter be put on the Agenda in three months and it will then be reviewed and future action, if needed, can then be taken. A recommendation was received from Mr. Lapar to amend the speci- fications on installation of sanitary sewer laterals to allow Ring Tite-PVC Gravity Sewer Pipe and Fittings because of the lack 2'3O`. of availability of Asbestos Cement Sewer Pipe. MR. VERSACE moved to approve the amendment to the specifications on the installation of sanitary sewer laterals, as recommended by Mr. Lapar. Seconded by Mrs. Mills Motion Unanimously Carried In the matter of ji»oposed improvements on Route 9D by the state, Mrs. Mills reported on the status of this project, as she understood the situation. Mr. Diehl had received a letter from the state informing him that they were not ready to commence this project, but an informational hearing will be conducted at such time when the state informs us they are ready to outline this work to the public. Mrs. Mills then asked Mr. Adams if he had made any progress on the Hunter Creek project, which was being held up due to the fact that two property owners had not signed the release forms. Mr. Adams had written to the interested parties but had had no response from them --nothing had been resolved. Mr. Johnson reported on a letter from Mr. Adams on Solar Access, which stated in part ---"under the provisions of Chapter 742 of the Laws of 1979, an affirmative duty was placed upon municipalities to make provision in the zoning ordinance for solar energy systems to encourage their use within New York". He had enclosed a sample ordinance for their review, as well as comments from the Conserva- tion Advisory Council. MR. JOHNSON moved that a copy of this letter and ordinance be sent to the Conservation Advisory Council and that it be referred to the Ordinance Committee for review with*. the Council and Mr. Adams. Seconded by Mrs. Mills Motion Unanimously Carried The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: 281 A RESOLUTION AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF $11,000 CURRENT FUNDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF PREPARING A GENERAL PLAN, MAP AND REPORT IN CONNECTION WITH THE ESTABLISHMENT OF A PROPOSED SEWER IMPROVEMENT AREA PURSUANT TO SECTION 209-q (2) OF THE TOWN LAW. WHEREAS, subdivision 2 of Section 209-q of the Town Law authorizes a Town Board to adopt a resolution appropriating a specific amount to pay the cost of preparing a general plan, map and report in connection with the establishment of a proposed sewer, drainage or water improvement in an area of the town outside of villages; and WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has under consideration the establishment of a proposed Sewer Improvement Area No. 3; and WHEREAS, if such Town Board establishes said Sewer Improvement Area No. 3, the expense incurred by said Town for the preparation of such general plan, map and r eport shall be deemed to be a part of the cost of the establishment of said Sewer Improvement Area No. 3 and said Sewer Improvement Area No. 3 shall reimburse said Town for such amount appropriated and expended therefor; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of preparing a general plan, map and report in connection with the establishment of the proposed Sewer Improvement Area No. 3 in an area of the Town of Wappinger, Dutchess County, New York, outside of any villages, there is hereby appropriated $11,000 current funds of said Town in accordance with the provisions of Section 209-q (2) of the Town Law. Such monies are hereby authorized to be expended for such general plan, map and report. Section 2. In the event the aforesaid proposed Sewer Improvement Area No. 3 is established, the expense of such shall include the aforesaid $11,000 and said Sewer Improvement Area No. 3 and shall reimburse the Town of Wappinger for such expense. Section 3. This resolution shall take effect immediately. Seconded by: Councilwoman Mills Roll Call Vote: Supervisor Diehl Aye Councilman Johnson Aye Councilwoman Mills Aye Councilwoman Reilly Absent Councilman Versace Aye Resolution Duly Adopted A transfer request was received from the Comptroller to cover the cost of an engineering study on this district which included applications and reports to various governmental agencies, in the amount of $11,000.00. This sum would be transferred as follows: Debit B909, Unappropriated Fund Balance $11,000.00 Credit B599, Appropriated Fund Balance 11,000.00 Debit B599, Appropriated Fund Balance 11,000.00 Credit B9901.9, Transfer to other funds 11,000.00 Debit B9901.9, Transfer to other funds 11,000.00 Credit H200, Capital Fund, Accounts Payable Sewer III 11,000.00 MR. JOHNSON moved to approve the transfer of funds, as recommended by the Comptroller. Seconded by Mrs. Mills Motion Unanimously Carried -28 2 A request had been received to release the retainage fee due on the Ardmore Hills Water Improvement Area to Dave Alexander, Inc. in the amount of $10,966.64. Both Mr. Lapar and Mr. Horton had recommended releasing this money. MR. JOHNSON moved to release the retainage fee to Dave Alexander, Inc. in the amount of $10,966.64 on the Ardmore Hill Water Improve- ment Area, as recommended by Mr. Lapar and Mr. Horton. Seconded by Mrs. Mills Motion Unanimously Carried Bids had been received on the Refurbishing of Wells ##1 & #2 (Hilltop Well Field) as follows: Lafko Associates, Inc., in the amount of $7,449.30 and Stephen B. Church Company, in the amount of $13,830.00. There was no action taken on this matter as the Board felt they wished to discuss it further. MR. JOHNSON moved to set a Special Meeting for Wednesday, March 11, 1981 at 7:00 P.M. to discuss the Terwilliger matter, to set an executive session to discuss water application #6775 and #7005, various orders received from D.E.C., bids on the Refurbishing of Wells ##1 & #2, and a personnel problem, as requested by Mr. Versace. Seconded by Mr. Versace Motion Unanimously Carried Bids had been received on Football Equipment for the Recreation Commission and a recommendation had been forwarded to the Town Board for their consideration. MRS. MILLS moved to table action on this matter for further study. Seconded by Mr. Versace Motion Unanimously Carried A Public Hearing had been held on February 26, 1981, on an Ordinance Amending the Zoning Ordinance and Map and this was placed on the agenda for consideration of the Board, however, Mrs. Snowden pointed out that the recommendation from the Dutchess County Department of Planning had not been received, therefore no 283 action could be taken. Mr. Lafko, being recognized by the Chair requested an executive session with the Board to discuss the restraining order on work being done by him prior to installing a water storage order. He claimed that the exploratory work had been completed and when they were ready to do the actual construction, he would obtain the necessary permit. His question was ---what were they trying to restrain. His purpose for an executive session was to discuss this matter in detail. Mr. Versace requested that the Board recess for an executive session with the Attorney after they had completed their unfinished business. The Board did not act on Mr. Lafko's request at this time. Mr. Versace reported that he had calls from concerned citizens in the Serenity Mission Development regarding the deterioration of the roads. Legal action had been instituted in this matter, and he asked Mr. Adams if he could give the Board a report on the status of this action. Mr. Adams explained that this suit was now ready for trial and they will ask the court for special pref- erence, which if granted, will accelerate the proceedings. When asked about the period time this will involve, he responded it would probably be within sixty days. Mr. Versace continued and reported that there were two small areas on Elizabeth Terrace which were hazardous to the residents and should be filled in with coal patch for the safety of the residents. Mr. Diehl had addressed this subject to the Attorney and the Highway Superin- tendent and there was a discussion on the possibility of the Town doing extensive repairs on this road before the base was completely deteriorated, if the courts did not decide in our favor. If this proved to be necessary, the Town would have to provide the funds and continue the law suit to collect the money from the bond- ing company. He agreed that the existing holes on that road should be repaired now. MR. VERSACE moved that the Highway Superintendent be requested to repair two small areas on Elizabeth Terrace in the Serenity Subdivision for the safety of the residents of that road. Seconded by Mrs. Mills Motion Unanimously Carried 284 Mr. Versace then requested that the Board recess at this time for a five minute executive session, however, Mr. Jensen asked to speak on a subject not related to their executive session. It was brought to his attention that the budget of the Dutchess County Health Department has been drastically cut which could affect some of the programs sponsored by this department. He requested that the Town Board contact our County Legislators and urge them to make every effort to bring back these funds to the Health Department. He was mostly concerned about approvals necessary for subdivision plats which would affect all towns. The Board recessed at 11:00 P.M. and went into executive session. The meeting resumed at 11:10 P.M. and all four Board members were present. Mr. Diehl informed Mr. Lafko that no action was taken for his request for an executive session with the Board. MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Mills and unanimously carried. The meeting adjourned at 11:12 P.M. axl,jaibt4„_ Elaine H. Snowden Town Clerk Reg. Mtg. 3/9/81