Loading...
1980-07-14 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JULY 14, 1980 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO THE FLAG ; 3. Accept Minutes Reg. June 9, 1980 358 4. REPORTS OF OFFICERS: Town Justices Bldg/Zng Rec. of Taxes Supervisor/Comptroller 5. PETITIONS & COMMUNICATIONS a. Phyllis Bazley - request rezoning for property on Rte 376 b. Fiona Banta Drainage Problem, Diddell Rd. c. John Sammon, with representatives from Mina Drive re: Status of Road d. Angelo & Linda Incorvaia request rezoning for property on Middlebush Rd/ e. Linda L. Beatty, Drumlin Hall re: dangerous condition on Wheeler Hill f. Requests from Judge Bulger & E. Snowden to attend conferences g. Ernest M. Henzler re: Sewer & Water Laterals for Lot #3, Plaza Rd. h. Planning Board re: Off Street Parking on New Hackensack Rd. area of Cross Courts i. Application for Peddlers License - Tania Buhamel j. Resignations: Jeanine Beahan from Rec. Comm. & Paul Speedling as Court Officer k. Petition for "No Passing" Zone between Kent Rd. & Pye Lane 1. Supervisor Diehl re:Speed limit reduction for All Angels Hill Rd. m. C. A. DiMarco offer to purchase Town Property on Rte 9 (Village) n. Fred Lafko re: 1. Supervisors letter of 7/3/80 2. Clarification of past negotiations of possible purchase of water from Atlas o. John MacDonald re: 1. Hunters Creek Stream Cleaning. 2. Heath Leakage Report p. Richard Tallman re: Practices of Zoning Board of Appeals 6. COMMITTEE REPORTS a. Mrs. Reilly re: L. Battoglia - Town Hall Plans b. Town Clean-up Dates c. Mrs. Mills Off Street Parking Ordinances d. Sup. Diehl re: Entry of Dunn Geoscience on CWW Imp. Lands 7. RESOLUTIONS a. Local Law - Indemnification of Town Employees b. Vacancy on Recreation Commission c. Bonding - Bel Aire Lane d. Bids fOr Hunter Creek Stream Cleaning e. Corrective Actions for Fleetwood Sewer District f. Additional Connections for Oakwood Sewer Treatment Plant g. Authorization for disposition of Town Records 8. UNFINISHED BUSINESS a. R.E. Lapar report on Leak Detection Device b. Cross Court Complaint of Town Recreation Tennis Lessons (Charging) ;i 9. NEW BUSINESS 10. ADJOURNMENT 359 The regular meeting of the Town Board of the Town of Wappinger was held July 14, 1980 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:10 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney to the Town Henry Cuatt, Comptroller Supervisor Diehl asked those present to stand and salute the American Flag. All stood and said the Pledge of Allegiance to the Flag. The Minutes of the Regular Meeting of June 9, 1980, having previously been sent to the Town Board, were now placed before them for their consideration. Mrs. Mills asked that a correction be made in regard to a vacancy on the Recreation Commission. It should read that Mrs. Reis was invited to send a resume to the Commission, not that she was invited to the Recreation meeting to be interviewed. MR. JOHNSON moved that the minutes of the Regular Meeting of June 9th, 1980 be approved with the correction made as noted, as submitted by the Town Clerk. Seconded by Mrs. Reilly Motion Unanimously Carried Reports were received from the Town Justices, Building Inspector/ Zoning Administrator and Receiver of Taxes for the month of June and the Supervisor/Comptroller report through May, 1980. MRS. MILLS moved to accept the reports and place them on file. Seconded by Mr. Johnson Motion Unanimously Carried A request was received from Phyllis Bazley, Hackensack Heights Road to change her zoning back to commercial since under the new 360 Zoning Ordinance her property had been changed from commercial to residential. MR. DIEHL moved that this matter be referred to the Zoning Committee for their review and recommendation. Seconded by Mrs. Mills Motion Unanimously Carried Prior to the motion, Mr. Versace commented on the location of the property which was a corner lot opposite from the garage and had been used as a nursery school; the house faced Hackensack Heights Road and the side of the property faced Rt. 376, it was * within the boundaries of the Hackensack Heights area. //AD Mr. Peter White, Wappinger County Legislator arrived at the meeting and Mr. Diehl interrupted the Agenda for him to speak to the public since he had just left the County meeting. None of the actions taken by the County pertained to the Town of Wappinger. The County had entered into a contract to survey the Energy Efficiency Study for the County Jail, at a cost of $6,000. Dutchess Community College submitted their budget to the County ---the State has one budget and the County a different one. There were three resolu- tions on mental health, two of which were approved. However, county staff, when questioned, said that all three resolutions were approved and therefore, additional help has been hired for that department in mid -year which is a "no no" due to wrong information being given. Mr. White then asked if anyone had any questions they wished to ask him. He answered questions on the various actions that he had reported on as stated above. Mr. Versace asked about some un- finished business on the culvert at Myers Corners Road and Losee Road which he had previously mentioned to the County Legislators. Mrs. Mills asked the status of the shoulders on New Hackensack Road. Mr. White said he would check on these matters. A drainage problem on Mrs. Banta's property on Diddell Road had been referred to the Drainage Committee at last months' meeting and Mr. Johnson reported that he and Mrs. Mills had made an inspection of this area and felt that it was in the realm of the Highway Department and Mr. Horton was checking it out. He requested that Mr. Horton report to the Board with his suggestions on a L ohy 361 solution to this problem. Mr. John Sammon, representing the residents of Mina Drive in the Pondview Development, spoke to the Board on the dedication of this road to the Town; they were running into problems with CATV as far as who is responsible for the road --is it the builder or the developer. Mr. Diehl responded that the developer did not ask for dedication; they have been trying to reach him, both himself and the Building Inspector, but to no avail. He then asked the Attorney what the next step would be. Mr. Adams said they had to ascertain title on the roads and there were two possible alternatives -one, the developer would retain full title to the road when conveying lots, the other alternative was to convey title to the center of the road, this determination has to be made; they might have to condemn the road for the consideration of $1.00 to obtain right-of-way. Mr. Diehl then instructed him to take whatever action necessary to resolve the current problem. Mr. Sammon then went on with other problems -- this included a defective fire hydrant at 4 Mina Drive and asked that the other hydrant in the area be checked. There were water leaks at 20 Mina Drive. The curbing, he claimed, was constructed with poor material, the kids could break it just by standing on it. He was informed by the builder that the Town required the road to go beyond his property and requested X amount of dollars from Mr. Sammon to accomplish this. This occurred when the developer was still in the area. Mr. Sammon did not feel it was his responsibility and did not comply with the builder's request for money. When he asked about a bond which would have been posted by the developer, Mr. Adams explained the procedure they had to follow in order to call the bond. He went on to tell the Board about a rat -infested trailer on the property next to residences. The Board of Health was called, made an inspection and condemned it as being hazardous to the homeowner's health and safety. Mr. Diehl instructed the Building Inspector to have this trailer removed. Mr. Sammon con- tinued and asked how their tax dollar was used; they were paying taxes for the maintenance of the roads, but were not receiving any services. Could they be reassessed and have a portion of taxes deducted. He was informed that this portion of taxes that was 3642 allocated to road maintenance was not just for his road or the roads in that development, but was used for all the roads in the Town that he traveled on, the same as county and state taxes were used for all roads and in fact, our taxes were used for roads throughout the country. Discussion followed on the procedures the Town would follow on declaring an emergency situation to plow the roads. Another item was that the State Police informed one of his neighbors when he had occasion to call them that they did not know where the roads were situated in the Town. Mrs. Snowden informed him that all law agencies had been sent road lists and road maps for this purpose and this was done periodically, but she would inform the Highway Department to repeat this procedure. He requested signs "Dead End" or "Children at Play" signs which was referred to the Highway Department. He also requested a reduction in speed limit and was told to petition the Town Board,they.in turn would request this reduction through the State and County. Mr. Sammon then noted that the residents were interested in hooking up to cable TV but the cable company was now pulling out due to the fact that they could not find the developer for permission to enter the development and install cable. Mr. Diehl said they were trying to resolve this and negotiations had been initiated. There had been a letter of permission but it was not on file with the cable company. Mr. Diehl requested the Attorney to check on this matter with the cable company and see if they could produce a letter of authorization for cablevision in that area. Another point brought up by Mr. Sammon was whether Nancyaleen Drive had been taken over by the Town, they could not get an answer on this. According to the Highway Superintendent, this road was not accepted by the Town. Mr. Sammon thanked the Board for the time they took to hear their complaints. Bob Keyes, Nancyaleen Drive, asked if all the actions and recom- mendations previously discussed, concerned their road as well as Mina Drive. Mr. Diehl assured him that the Attorney would bear in mind that all matters pertained to both streets. Mr. Sammon remembered another item --they had no property markers. firo 363,, f fq Mrs. Reilly responded that at the time the property was surveyed, they should have asked for it to be staked, otherwise it would not be done, and it is the homeowner's responsibility. She suggested that they go back to the surveyor and ask that it be done, and if they receive no satisfaction, then they should contact the lawyer who represented them at the closing. Another item he thought of was the water shut-off valve which was bent in 9 different directions, also the resident across the street at 13 Mina Drive had no shut-off valve. Mr. Diehl noted this and would take care of it through the proper department. MR. JOHNSON moved that the Building Inspector be instructed not to issue any building permits in the Pondview Subdivision unless he first had a consultation with the Town Board. Mr. Versace commented that this request had been previously made several months ago concerning the uncompleted portion of that subdivision. Mr. Johnson then commented that his motion was redundant. In the event.. the lots were sold a permit would have to be issued to the new owner, but while they were owned by the present developer of that subdivision, no further permits would be issued. A request was received from Angelo and Linda Incorvaia for a zoning change on property on Middlebush Road. Mr. Incorvaia was present and spoke to the Board stating that he wished to renovate a warehouse and use it for a glass business, for the Wappinger area. He claimed that this business would not draw more traffic not more than usual. Mr. Diehl remarked that there was a procedure to 4110 follow in rezoning requests and they all are reviewed by the proper committee and after being reviewed, recommendation would be made to the Board at which time they would decide whether to hold a public hearing and consider the request. Mr. Incorvaia then told the Board he intended to improve the place and Mr. Diehl asked that he send in a plan to the Board showing what he intended to do. Mr. Versace then remarked that all these rezoning requests were referred to the Zoning Committee, but the full Board never gets a chance to review these situations until a public hearing is held, and he felt he would like to sit in on these discussions. Mr. Johnson recommended that this matter be referred to the Ordinance Committee and they would hold their first meeting on July 29th, 1980, at which time all were welcome to attend. A dangerous situation on Wheeler Hill Road was brought to the attention of the Town Board by a letter from Linda Beatty, Drumlin Hall, Wheeler Hill Road. She complained of an area on that road where it was blind and narrow and changed angle abruptly and with- out warning. MRS. MILLS moved to refer this matter to the Highway Superintendent for review and recommendation. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Versace commented on other dangerous curves in the Town and asked that the Highway Superintendent be requested to review them and suggested that the sign presently installed on the curve on Widmer Road near the Villa Borghese, be used on other curves in the Town. Three requests were received from Town Officials for permission to attend conferences ---Judge Bulger requested to attend the St. Lawrence Training School from July 20 through July 26, 1980; Mrs. Snowden requested permission to attend the 1980 Training School for Town Clerks in Syracuse from August 17th through August 19th, and Mr. Logan wished to attend the New York State Assessors Seminar at Cornell University from August 4th through August 8th, 1980. MR. VERSACE moved that the three Town Officials be given permission to attend their conferences and their expenses would be a Town charge. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Ernest Henzler, owner of a building lot at 3 Plaza Road, wrote to the Board concerning the fact that no sewer or water laterals were installed to service this lot and due to this fact the transfer of the lot to a prospective buyer was being delayed. He was re- questing that the Town either compensate him for this omission or install the laterals. 364 a•t A letter had been received from Mr. Lapar stating that this lot was not in existence at the time of the installation of the water and sewer laterals, it was a part of a larger parcel; the first time this lot appeared on the rolls was on a revision dated December 1978, therefore the responsibility of the sewer and water laterals is that of the property owner, since it is a new subdivision. MR. JOHNSON moved that a letter be sent to Mr. Henzler advising him of this fact. Seconded by Mr. Versace Motion Unanimously Carried The Planning Board wrote to the Town Board regarding Off Street Parking, New Hackensack Road -Cross Courts Area. Mr. Johnson noted that the Ordin-ance Committee would be -meeting on July 29, 1980 at 7:00 P.M. for the purposes of zoning review, and asked that the Planning Board and the Zoning Board of Appeals be invited to attend and discuss the matter of off street parking. Mr. Diehl had written to the Dutchess County Commissioner of Public Works and the Sheriff asking for their comments on this subject, but had not received a reply as of this date. A request for a Peddler's License was received from Tania Dehamel to sell hot dogs and soda. MR. JOHNSON moved to approve the application for the Peddler's License and issue the license for the sale of hot dogs and soda in the Town of Wappinger. Seconded by Mrs. Reilly Motion Unanimously Carried Resignations were received from Mrs. Jeannine Recreation Commission and from Paul Speedling Beahan from the from his position as Court Officer, due to the fact that he has moved to the Town of Poughkeepsie. MR. JOHNSON moved to accept the resignations from Jeannine Beahan from the Recreation Commission and from Paul position of Court Officer and thank them for the Town. Seconded by Mrs. Mills Speedling in his their services to Motion Unanimously Carried t3 U,' A petition for "No Passing" Zone between Kent Road and Pye Lane on All Angels Hill Road was received from the residents of that area. MR. DIEHL moved to forward this petition to James Spratt, Com- missioner of Public Works and copy the petition to Mr. Horton since it did involve Town roads. Seconded by Mr. Johnson Motion Unanimously Carried MR. DIEHL moved to request the New York State Department of Transportation to reduce the speed limit of 55 miles per hour to 35 miles per hour on All Angels Hill Road from New Hackensack Road and Route 376 to Route 82, in conjunction with the Dutchess County Department of Public Works and referred Mr. Spratt to the fatalities and serious accidents that had occurred in the past two years. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Becker, being recognized by the Chair, complained about the speed limit on Widmer Road and asked the Board to do something about it. It was explained to him that the Town Board had petitioned many times to have this speed limit reduced but to no avail, the State and County did not see it that way. 1 1 MR. DIEHL moved that a letter be written to the proper agencies and request a review and restudy for a reduction in the speed limit on Widmer Road due to a request from residents who maintain that the present speed limit is dangerous. 141110 Seconded by Mr. Johnson Motion Unanimously Carried MR. VERSACE moved to send a letter to the four Wappinger County Legislators requesting that they attend the work shop session on July 28, 1980, at 7:00 P.M. to discuss problems in the Town concerning speed limits on Town roads. Seconded by Mrs. Mills Motion Unanimously Carried 1 36{: Mr. C. A. DiMarco wrote to the Board offering the sum of $50,000 to purchase the building on Route 9 owned by the Town, however there were conditions on the financial arrangements for the payment of this sum. MR.JOHNSON moved to refer this matter to the Attorney to the Town to review these conditions with Mr. DiMarco. Seconded by Mr. Versace Motion Unanimously Carried A request was received from Mr. Fred Lafko to speak to the Board on two matters ---1. Supervisors' letter of July 3, 1980 and 2. Clarification of past negotiations of possible purchase of water from Atlas. Mr. Lafko then requested that Mr. MacDonald speak first as he was directly after Mr. Lafko on the Agenda and he felt perhaps the matter would be more clarified if Mr. MacDonald gave his presentation first. No one had any objections to this change. Mr. MacDonald spoke first on the Hunter Creek project. He reminded the Board that at the February meeting, Mrs. Mills did not want to start this project until the State had done their work on the culvert at 9D. He then checked with the State Depart- ment of Transportation who confirmed that there were no plans for the State to work on this culvert. His question to the Board was why were they determined to go ahead with this project. He then asked why a member of the Board told him that the Hunter Creek project involved merely clearing a few tree stumps from the stream, when, in fact, he claimed it covered 6,000 linear feet. Mrs. Mills then asked Mr. MacDonald if he was referring to a telephone conver- sation she had with him and informed him that the clearing of these tree stumps was considered necessary by the Town Board and while doing that they would continue clearing the stream. Mr. Versace then remarked that this project would help those residents on Pleasant Lane who have problems in heavy rainfall. The project was being paid by downstream drainage funds, at no cost t� any resident. Mr. MacDonald then asked why this project started in the middle; it does not start at Myers Corners Road to Old Route 9, it starts downstream from the Barbato property and continues down to Route 9D and stops at the insufficient culverts. His next question 34�=.x regarded using Waldbaum's drainage fees to accomplish this and he had no objection to this, but asked when the Board would release the downstream drainage funds from Primrose Acres and Pondview Estates to clean upstream from his property. Mr. Johnson responded that the project that would have relieved that situation was ready to go to bid last year, but Mr. MacDonald objected to it for other reasons that had nothing to do with that particular project. Mr. MacDonald reiterated that Mr. Johnson was confused; he was talking about using the funds which was collected from Primrose and the other upstream projects from Myers Corners Road to the northerly border of his property; that is the immediate area downstream from Primrose and Pondview and other projects which had nothing to do with the proposed project of the Town Board on which a public hearing was requested by the residents in that area. He stated that he_had had no objection to it --he just wanted it to go to a public hearing. His next topic concerned the Heath Leakage Control Report. In a nems item in the Wappinger and Southern Dutchess News they quoted Mr. Lapar as saying that he was told by a Fairchild official that the water to the plant was being metered. He then requested to know who the official was that made that statement. He spoke of another statement by Mr. Lapar that the large amount of unmetered water from Fairchild could be attributed to the high amount of unaccounted water. How could these two stories be reconciled? Mr. Diehl replied that everything was under control and all concerned were satisfied. Mr. Diehl then went on to the next item on the Agenda. 1 1 Mr. Diehl then invited Mr. Tallman to speak since he anticipated that Mr. Lafko who was next to speak would have a lengthy presenta- tion. 11 Mr. Tallman spoke on practices of the Zoning Board of Appeals pertaining to the erection of a trailer without a variance on property on Roberts Road owned by Mr. & Mrs. Van de Carr. He went back to the history of this matter going back to January, and claimed that the trailer was put on a different lot than the one for which the variance was granted. The residents who objected 4✓ tb 1 36*: to this action were not present at the meeting at which it was granted due to the fact that they were not notified since they were not abutting owners and none of them had received the local paper that published the legal advertisement. It was determined that the Van de Carrs owned the abutting property and two residents to the rear of their property were notified. He then filed an appeal as an aggrieved person along with four other persons but this was denied on the grounds that it would have to be filed as an Article 78. After much discussion on the position of the trailer, Mr. Charles Cortellino, a member of the Zoning Board of Appeals, noted that the Board issued a variance on the facts presented, if, in fact, the trailer was on the wrong lot, it would be up to the Building Inspector to determine this fact. MR. JOHNSON moved to instruct the Building Inspector to check on the location of the trailer to ascertain that it is placed on the lot for which the variance was granted. Seconded by Mr. Versace Motion Unanimously Carried Mr. Tallman also brought up the subject of screening the trailer and was informed that this came under the realm of the Building Inspector and the decision was his. Mr. Diehl called for a five minute recess at 9:54 P.M. The meeting resumed at 10:06 P.M. and all Board Members were present. Mr. Lafko then spoke and asked the Board if they had ever received permission from D.E.C. to increase the amount of gallonage of water they were permitted to pump at the hearing conducted several years ago, that being 50,000 gallons daily. Mr. Adams said he was given an answer to this question and did not want to accept it, he there- fore had no further comment. He then discussed downstream drainage and critized the Board in the manner in which they were allocating these funds. He was informed by the Board that this fund was formed with the intent that it would be spent where it was needed ---not necessarily in the same area from where the money was first procured. The formula was, in fact, suggested by the Chamber of Commerce, Mr. Versace stated, and the Town Board had previously sought their recommendations on this matter. In essence, the following letters, covered the remainder of Mr. Lafko's presentation: June 23, 1980 Louis Deihl, Supervisor Town of Wappinger Wappingers Falls, N.Y. 12590 Dear Supervisor: Enclosed herein are two documents whereby Atlas Water Company, as early as October 1, 1979, offered to assist the Town of Wappinger in preventing a pending water supply of reaching a state of emer- gency which now exists. Although one of the above referenced documents (October 1, 1979) was reduced to writing at the request of Supervisor Diehl, follow- ing a public hearing whereby the Town considered a bond issue for improvement to their existing water system, which when amortized would cost the Town approximately $500,000, they have still re- jected the October 1, 1979 offer as of this date, dispite Atlas Water Company's numerous reoffers of the above aid. As requested by State officials, Atlas Water Company has cooperated to the best of its' ability to aid both the County of Dutchess and the Town of Wappinger in expediting the aquifer tests that are to be conducted at the Hilltop Water Works (aquifer for CWWIA) as agreed to and mandated as per attached letter of March 5th. The June 6th letter was presented to the Town Board on Monday, June 9th, and although the offer would save the Town of Wappinger approx- imately $5000 on a contract to install pumps at the Hilltop Water Works, it has not been acted on as of the date of this writing. r Atlas Water Company acting responsibly, at the request of State officials, has done all within its' power to have hopefully pre- vented the emergency in the Town of Wappinger, as released by Dutchess County Board of Health, by the offer to do work at cost to expedite the aquifer tests so accurate data would then be available and Dutchess County Board of Health and N.Y.S. Board of Health could make decisions and relieve the Town of Wappinger from the possibility of being affected by a greater water shortage and emergency in the immediate future. Sincerely yours, s/ Fred J. Lafko. Owner Atlas Water Company July 3, 1980 Atlas Water Co. P.O. Box 560 Wappingers Falls, NY 12590 Re: Your Letter of June 23, 1980 and Contents Gentlemen: We have received your letter of June 23rd, 1980, but have no idea as to what prompted the mailing of your self-serving statements. The town cannot acknowledge that the statements contained therein are either accurate or acceptable to the town. I would note in particular the reference to the contract for the Hilltop Waterworks. Prior to your offer, a contract had been formally awarded and once so awarded, the town was powerless to take any further action. At best, we can only construe your letter as an attempt to interfere with existing contract rights of a third party, and we cannot participate in the same. 13 371 With respect to the proposal outlined in your letter of October 1, 1979, I believe the Town Board did meet with you specifically to discuss that proposal on several occasions and while a dialogue was undertaken, no satisfactory resolution was forthcoming. I'm aware of no circumstances that would now warrant further consideration of that. Among the matters which continue to be of concern to the town are the capacity of your company to deliver water in the quantities asserted by it as well as the sanitary quality of it given the location of your company relative to sources of potential contamination. I also would note that published newspaper reports indicate that you have expressed some reluctance to cooperate in the conduct- ing of aquifer tests. Your letter of June 23, 1980 is at variance with such reports. Finally, you claim that an emergency and water shortage problem exist within the town. I am unaware of either, and I must assume that your characterizations are made solely to mislead third parties. The town is also endeavoring to further improve its ability to pro- vide water, although such efforts are being frustrated by the many adjournments occasioned by your requests. Very truly yours, s/ Louis D. Diehl, Supervisor Mr. Lafko stated that the letter from Mr. Diehl confused him and Mr. Diehl replied that he responded to his letter and could not supply any more information. Mr. Diehl said the door was not closed on Mr. Lafko's proposal and if he wanted to sell his company, the Board would discuss it. Mr. Lafko went over every paragraph of the letter and Mr. Diehl responded to the points in question. The letter was Mr. Diehl's opinion and he copied the Town Board so they would have full knowledge of its contents. Mr. Diehl then went on to the next item on the Agenda. Under Committee Reports, Mrs. Reilly reported on a letter from Louis Battoglia submitting a fee proposal for providing architectural services in connection with a new Town Hall. Mr. Battoglia had previously done a space study for a Town Hall and now sought action on this proposal. Mr. Versace felt he would like to have more clarification on the last paragraph which stated that the firm would perform the preliminary services based on 20% of the fee due for the project undertaken, i.e., that which shall be constructed. He did not object to the architectural fee of 6% of the project. MRS. REILLY moved that a letter be sent to Mr. Battoglia asking that a contract for the architectural services for a new Town Hall be forwarded to the Town Board for review by them and the Attorney 37 to the Town. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Diehl reported on Town Clean-up Days and set the following dates: Non-metal Items ----East Side of Route 9 Week of August llth, 1980 Non-metal Items ----West Side of Route 9 Week of August 18th, 1980 Metal Items East Side of Route 9 Week of Oct. 20th, 1980 Metal Items West Side of Route 9 Week of Oct. 27th, 1980 Mrs. Mills had requested to speak on Off Street Parking Ordinances, however, earlier in the meeting a letter from the Planning Board on this subject had been referred to the Zoning Committee who were meeting on the 29th of July with the Planning And Zoning Boards and they planned to discuss this matter. A possible violation of trespassing on Town of Wappinger property by the firm of Dunn GeoScience Inc. was brought to the attention of Supervisor Diehl. This was referred to the Attorney for investiga- tion and he was pursuing the matter. MR. DIEHL moved to direct the Attorney to the Town to take whatever legal steps were necessary to resolve this problem. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Versace questioned the actual steps that would be taken by the Attorney, before the motion was carried. Mr. Adams explained that there was a procedure he would first follow before instituting -a lawsuit whereby he would take a deposition or oral examination of the person or persons you were considering taking such action against, to determine whether or not a factual basis exists for such a lawsuit. This is what he would recommend doing and then report to the Town Board with his findings. The Board would then make a further determination on what steps they wished the Attorney to take. Mr. Fulton, who it appeared was the person responsible for the entry of this firm to do water tests, was recognized by the Chair, and critized the Board for this action. He claimed these tests would save the Board from a water catastrophe. He went into a lengthy 373 dissertation on the lack of water in his son's home which was located in Serenity Mission and now the subject of litigation. Mr. Diehl responded that both he and his son knew, at the time of the purchase of the home that there was no water connection available, and could not be supplied and further went on to remind Mr.. Fulton that his son wanted a well. Mr. Diehl then put an end to this discussion and went on with the Agenda. ✓ Mr. Johnson, reporting on the Tri -Municipal Commission, informed the Board that the archeology study shows that there are some 41111, historical finds in and around the plant site but it appears that the engineers will be able to structure the physical location of the plant to go around these archeological finds. The original concept of one plant on the Hudson River appears to be the plan they will follow. Other alternatives, after review, have been discarded as being not feasible and too expensive. The Advisory Council will be meeting to determine whether another public infor- mational meeting will be held, and if so, a date will be set. The Draft EIS is expected about August lst. He was also working with the Fire Companies and Building Inspector on a Fire Prevention Board and expected that they would come up with new regulations after their review. He requested that Mr. Gunderud set up a meeting with the Fire Commissioners or their representatives and Mr. Adams during the last week of July. Last month a program was initiated for an inventory of fixed assets by all department heads and Mr. Cuatt had asked for a figure to use as the bottom limit. MR. JOHNSON moved that the base figure of $200.00 be used in the 4hv inventory being conducted by Town department heads of all fixed assets of the Town. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes Mr. Versace ---Nay Another item brought up by Mr. Johnson was the matter of the condi- tion of the barn on Montfort Road owned by the Town. As it stood now, the barn could not be insured and the Recreation Commission was requested to determine whether the barn should be renovated or demolished. 3 f 4 - MR. JOHNSON moved that a letter be directed to the Recreation Commission requesting that the proper professional person or firm be contacted to determine the condition of the barn on Montfort Road and recommend action on same by the next Town Board meeting. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Versace had no committee report, but asked that Mr. Johnson keep them informed when and if an informational meeting would be held on the Tri -Municipal project. Mr. Hirkala, being recognized by the Chair, asked Mr. Johnson when the next meeting of the CAC of the Tri -Municipal would be. Mr. Johnson had no date to report at this time, but felt there would be correspondence on it during the next week. Mrs. Mills had received a detailed cost estimate on the purchase of the Wappinger Park Water System from Mr. Lapar setting a purchase price. of $85,000.00 for the System; bonding over a 40 year period at 8% on 81 parcels would set a charge of $119.75 benefit charge for the first year and O&M cost at $157.04 per year, the total estimated first year cost would be $276.79. Mrs. Mills requested that the. Town Clerk forward this information to Mrs. Rose Wells, President of the Wappinger Park Homeowners Association to distrib- ute to the residents for their perusal and eventual decision. Mr. Cuatt, Town Comptroller, then brought to the attention of the Board that a person had to be appointed who would be responsible for the inventory that was being conducted. MR. JOHNSON moved that Henry Cuatt be the person responsible for the collection of information for the inventory. Seconded by Mrs. Mills Motion Unanimously Carried A Public Hearing having been held by the Town Board of the Town of Wappinger on June 23rd, 1980, on a proposed Local Law #4 of 1980, to Indemnify and Hold Harmless Employees in Certain Civil Actions, the matter was now placed before them for their consideration. L 37, MR. JOHNSON moved to adopt Local Law #4, 1980 as follows: A local law adopted pursuant to the Municipal Home Rule Law to indemnify and hold harmless employees in certain civil actions. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: 1. As used in this local law: (a) "Agency" shall mean an office, position, administra- tion, department, division bureau, board, community board, commissio;1) institution or agency of government, the expenses of which are paid in whole or in part from the town general funds. (b) "Town" shall mean the Town of Wappinger. (c) "Comptroller" shall mean the comptroller of the town. (d) "Employee" shall mean any person holding a position by election, appointment or employment in the service of any agency, whether or not compensated, or a volunteer expressly authorized to participate in a town sponsored volunteer program, but shall not include an independent contractor. The term employee shall include a former employee, his estate or judicially appointed personal representative. 2. The town shall save harmless and indemnify all officers and employees of the town from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act by such officer or employee provided that the town board finds that such officer or employee at the time damages were sustained was acting in the discharge of his duties and within the scope of his employment and that such damages did not result from the willful and wrongful act or gross negligence of such officer or employee. 3. At the request of the employee and upon compliance by the employee with the provisions of subdivision four of this section, the town shall provide for the defense of an employee of any agency in any civil action or proceeding in any state or federal court including actions under sections nineteen hundred eighty-one through nineteen hundred eighty-eight of title forty- two of the United States Code or Article of the Civil Rights Law of the State of New York arising out of any alleged act or omission which the town board finds occurred while the employee was acting within the scope of his public employment and in the discharge of his duties and was not in violation of any rule or regulation of his agency at the time the alleged act or omission occurred. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the town or state or an agency of either. 4. The town shallindemnify and save harmless its employees in the amount of any judgment obtained against such employees in any state or federal court, or in the amount of any settlement of a claim approved by the town board, provided the town board finds that the act or omission from which such judgment or settlement arose occurred while the employee was acting within the scope of his public employment and in the discharge of his duties and was not in violation of any rule or regulation of his agency at the time the alleged damages were sustained; the duty to indemnify and save harmless prescribed by this subdivision shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee. 5. The duty to defend or indemnify and save harmless prescribed by this local law shall also be conditioned upon (a) delivery to the town attorney and town hoard by the employee of the original or-a._.copy of any summons, complaint, process, notice, demand or pleading within five days after he is served with such document, and (b) the full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the town based upon the same act or omission, and in the prosecution of any appeal. Such delivery shall be deemed a nequest by the employee that the town provide for his defense pursuant to this section. In the event that the town shall assume an employee's defense and thereafter the employee fails to or refuses to cooperate in the formation or presenta- tion of his defense, the court shall permit the town to withdraw his representation ten days after giving written notice tothe employee of his intention to discontinue such representation. 6. in the event that the act or omission upon which the court proceeding against the employee is based was or is also the basis of a disciplinary proceeding by the employee's agency against the employee, representation by the corporation counsel and indemnification by the town may be withheld (a) until such disciplinary proceeding has been resolved and (b) unless the resolution of the disciplinary proceeding exonerated the employee as to such act or omission. 7. Every action or proceeding instituted hereunder, including an action brought to enforce a provision of sections nineteen hundred eighty-one through nineteen hundred eighty-eight of title forty-two of the United States code, shall be commenced pursuant to the provisions of section fifty -i of this chapter and within one year and ninety days. No action or proceeding instituted hereunder, other than one instituted pursuant to sections nine- teen hundred eighty-one through nineteen hundred eighty-eight of title forty-two of the United States code shall be prosecuted or maintained against the town or any agency or an employee unless notice of claim shall have been made and served upon the town_in compliance with section fifty -e of the General Municipal Law and within ninety days after the claim arises. 8. The provisions of this section sahll not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance. 9. The provisions of this section shall apply to all actions and proceedings pending upon the effective date thereof or there- after instituted, except that the provisions of subdivision six shall apply only to actions and proceedings instituted on or after the effective date of this section. 10. The provisions of this section shall not be construed in any way to impair, alter, limit, modify, or abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the town or any agency or any other level of government, or any right to defense and/or indemnification pro- vided for any governmental officer or employee by, in accordance with, or by reason of, any other provision of state, federal or local law or common law. 11. The benefits of this section shall inure only to employees of the town and shall not enlarge or diminish the rights of any other party. 12. This local law shall take effect upon filing with the Secretary of State. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes Mr. Versace ---Nay Mr. MacDonald asked for clarification of this law before it was adopted. Was there a dollar limit set on this protection they were given to the Board? He suggested that they set a limit since he felt it could bankrupt the town if left the way it presently read, i.e., no dollar limit. His next question was whether or not the Town Board was the sole judge on whether the Town Board has been negligible and who determines whether a member of the Town Board individually or severally, be taken under protection of this lanai; especially if it is the Town Board severally, then who would make the determination. Mr. Adams gave a detailed explanation of these questions and said he would research the last query. Mr. Johnson commented that these were questions that should have come up at the public hearing. Mr. Versace felt that it was the responsibility of the Town Board to answer any questions the public may have even though the public hearing had already been held, he felt that he was not sure he wanted to adopt the law at this time. He preferred to wait until Mr. Adams researched the questions that had been brought up. Mr. Hirkala, being recognized by the Chair, said he missed the public hearing, but he was concerned about the attitude of the Town Board; he felt that they were representing themselves rather than the Town. He did not agree with the idea of putting legal notices in the paper to notify the public of important activities of the Board which concerned the public. He felt it was their responsibility to inform the public of what was going on ---they were the taxpayers and if it was important, they should know about it. 1 A vacancy still existed on the Recreation Commission. 4110 The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that William Wood, be and he is hereby appointed to fill the vacancy on the Recreation Commission of the Town of Wappinger which has occurred by reason of Commissioner Thomas Barber moving from the area, and it is further RESOLVED, that the said William Wood is hereby appointed to the said Recreation Commission to finish the unexpired term of Thomas Barber which shall expire May 1983. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays 378 Before the vote was taken, Mr. Versace commented that he felt out of courtesy alone, Mr. Johnson should have allowed Mr. Versace to make this nomination since he had brought up this name in the first place. He made a motion last month to appoint Mr. Wood and could not get a second on his motion. He submitted the resume and made the Board aware that the vacancy existed, so he repeated,this courtesy should have been extended to him. The following resolution was offered by COULCILWOMAN MILLS who moved its adoption seconded by Councilman Johnson to -wit: A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF CERTAIN TOWN HIGHWAYS IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AT A MIXIMUM ESTIMATED COST OF $145,325.00, AND AUTHORIZING THE ISSUANCE OF $7,267.00 CAPITAL NOTES AND $138,058.00 SERIAL BONDS TO PAY THE COST THEREOF. BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The reconstruction and resurfacing of Bel -Aire Lane and Orange Court, town highways in the Town of Wappinger, Dutchess County, New York, including construction of necessary curbs, gutters and drainage facilities, is hereby authorized at a maximum estimated cost of $145,325.00. Section 2. The maximum estimated cost of such specific object or purpose if $145,325.00, and the plan for the financing thereof is as follows: a) By the issuance of $138,058.00 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law; and b) By the issuance of $7,267.00 capital notes of said Town, hereby authorized to be issued pursuant to the Local Finance Law. Such capital notes shall be sold at private sale and all further powers in connection with the details and the sale thereof are hereby delegated to the Supervisor in accordance with the Local Finance Law. Pursuant to Section 107.00 of the Local Finance Law, the proceeds from the sale of such capital notes will be pro- vided prior to the issuance of the bonds herein authorized or bond anticipation notes. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 20 (c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appro- priation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond (9 kie 379 anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by.said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds, capital notes and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substan- tially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. Upon this resolution taking effect, the same shall be published in full in the Wappinger and Southern Dutchess News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 8. This resolution is adopted subject to permissive referendum. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Supervisor Diehl Voting Aye Councilman JohnsonVoting Aye Councilwoman Mills Voting Aye Councilwoman Reilly Voting Aye Councilman Versace Voting Aye Resolution Duly Adopted Mr. Lapar sent a report to the Board stating that two bids were received on Hunters' Creek Stream Cleaning and Realignment of Old State Road to Route 9D Wilson Excavators, Inc. $14,940.00, and DaveAlexander, Inc. $15,000.00. Mr. Lapar recommended that the bid be awarded to Wilson Excavators, Inc. as low bidder. A lengthy discussion followed on the specs as presented for this bid and the possibility of an impact statement required by D.E.C., by Mr. Lafko, Mr. MacDonald, Mr. Hawksley and Mr. Lapar. Mr. Hawksley felt the job should be more extensive than that called for in the specs, and this would be more costly. Mr. Lafko felt also, that the project should be more extensive and perhaps they could coordinate with the State who had been contacted back in February of this year with a request to enlarge the culvert at Route 9D. Mr. Diehl had 111111111111111111d111R1011111111 J11111111111111 n11141111 1 11111i 580 no objection to this method of procedure since this was their original intent back in February when Mrs. Mills made the motion to contact the State. He then asked the Board if they wished to consider delaying this project and continue to pursue the State for their coordination with the Town on the project. MRS. MILLS moved to table the Hunter Creek Stream Cleaning Bid. Seconded by Mr. Johnson Motion Unanimously Carried MRS. MILLS moved to send a letter to the New York State Department of Transportation thanking them for confirmation of receipt of our letter of February 15, 1980, and request a response addressed to the contents of that letter. Seconded by Mr. Versace Motion Unanimously Carried The following resolution was offered by COUNCILMAN VERSACE, who moved its adoption: RESOLVED that the Town of Wappinger, as Administrator of the Fleetwood Sewer District, resolve to take the following corrective actions at the Fleetwood Sewage Treatment Plant: Corrective Action Projected Completion Estimated Date Cost 1. Install fence to North side of Wastewater Treatment Plant Sept. 15, 1980 $1400.00 2. Repair return of sludge line 3. Replace waste valving 4. Repair #1 aerator 5. a. Repair/replace sprockets and shafts for #1 collector mechanism August 1, 1980 August 1, 1980 Sept. 15, 1980 Sept. 30, 1980 b. Install collector drive unit #1 settling tank Oct. 30, 1980 c. Install drive sprockets for #1 collector mechanism Oct. 30, 1980 300.00 700.00 2500.00 4000,00 1700.00 260.00- d. Install collector drag chains #1 collector mechanism Nov. 15, 1980 2700.00 e. Install collector flytes and shoes Nov. 15, 1980 800.00 AND BE IT FURTHER RESOLVED that the approval of the above listed repairs of the Fleetwood SewerDistrict be subject to a legal opinion by the Attorney on bidding procedures. The completion of this work is contingent upon release of the State operation and maintenance aid grant monies for fiscal years 1978 and 1979. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays Adopted: July 14, 1980 The following resolution was offered by COUNCILMAN VERSACE, 41110 who moved its adoption: RESOLVED, that the Town of Wappinger, as Administrator of the Rockingham Farms Sewer District, resolve to take the following corrective actions at the Rockingham Farms Sewage Treatment Plant: a. Repair/replace sprockets and shafts for ##1 collector mechanism $ 2000.00 b. Repair/replace sprockets and shafts for #2 collector mechanism 2000.00 c. Install new drag chains for ##1 collector mechanism 3500.00 d. Install new drag chains for ##2 collector mechanism 3500.00 e. Install new collector flytes and shoes ##1 settling tank 500.00 f. Install new collector flytes and shoes ##2 settling tank 500.00 AND BE IT FURTHER RESOLVED, that the approval of the above listed repairs of the Rockingham Farms Sewage ;treatment Plant be subject to a legal opinion by the Attorney on bidding procedures. The completion of this work is contingent upon release of the State operation and maintenance aid grant monies for fiscal years 1978 and 1979. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays Or Adopted: July 14, 1980 41110 The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, at the direction of the Dutchess County Department of Health, a temporary moratorium has been placed upon approval of additional sewer connections to the Oakwood Knolls Sewer Plant pending completion of work presently in progress to correct infiltration, which corrective work is projected to be completed within 30 days, and WHEREAS, it is the objective of the town board to permit further hook-ups to said sewer plant to the extent of the capacity of said sewer plant but not to expand the capacity of that plant during the pendency of the current review of the Tri -Municipal sewer disposal facilities to avoid duplication of investments by town residents in sewage disposal facilities, and WHEREAS, certain landowners within the area serviced by said sewer plants have been the subject of benefit assessments for sewage disposal facilities and should, to the extent within the reasonable financial resources of the sewer district, be able to obtain the use of said sewer facilitie$, and WHEREAS, the town board recognizes that it is incumbent upon it to use its best efforts to provide adequate sewage disposal facilities for landowners within the district within the limits of its sewer supply aforedescribed, and WHEREAS, the Dutchess County Board of Health has the responsibility of approving further sewer hook-ups to said plant, NOW, THEREFORE, BE IT:RESOLVED that the Dutchess County Department of Health take all those steps within its power to provide and permit continuing utilization of the Oakwood Knolls Sewer Plant so that the sewage disposal facilities of the said plants may be fully utilized within the reasonable limits of the plant capacities, and BE IT FURTHER RESOLVED that the Town Board of the Town of Wappinger shall fully cooperate with the Dutchess County Department of Health in taking those steps necessary to utilize the maximum capacity of said plant, and BE IT FURTHER RESOLVED that once the Dutchess County Depart- ment of Health determines that said facility have approached its maximum capacity, the Town of Wappinger shall be the responsible agency determining what further steps shall be undertaken to provide additional sewage disposal resources for the affected areas, and BE IT FURTHER RESOLVED that until said facility approaches its maximum capacity, the County Health Department permit the Town of Wappinger to issue individual permits without further county approval but subject to such guidelines which said agency may at its option issue to permit the same. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted The following resolution was offered by SUPERVISOR DIEHL, who moved its adoption: WHEREAS, at the direction of the Dutchess County Department of Health, a temporary moratorium has been placed upon approval of additional water connections to the Hilltop Water Plant pending completion of tests to verify the capacity of said plant as well as that of the Atlas Water Company, WHEREAS, it is the objective of the town board to permit further hook-ups to said water plant to the extent of the capacity of said water plant, and WHEREAS, certain landowners within the area serviced by said water plants have been the subject of benefit assessments for central water improvements and should, to the extent within the reasonable financial resources of the water district, be able to obtain theuse of said water facilities, and 46, 368 WHEREAS, the town board recognizes that it is incumbent upon it to use its best efforts to provide adequate water facili- ties for landowners within the district within the limits of its water supply program, and WHEREAS, the Dutchess County Board of Health has the responsibility of approving further water hook-ups to said plant, NOW, THEREFORE, BE IT RESOLVED, that the Dutchess County Department of Health take all those steps within its power to provide immediate testing of the Hilltop Water Plant so that the water supply facilities of the said plant may be fully utilized within the reasonable limits of the plant capacities, and BE IT FURTHER RESOLVED that the Town Board of the Town of Wappinger shall fully cooperate with the Dutchess County Department of Health in taking those steps necessary to utilize the maximum capacity of said plant, and BE IT FURTHER RESOLVED that once the Dutchess County Depart- ment of Health determines that said facility has adequate capacity to meet or allow for additional water connections, that the Town of Wappinger be permitted to issue further water connections within such guidelines as the Dutchess County Department of Health reasonably defines. Seconded by: Councilman Johnson Roll Call Vote: 4 Ayes Mrs. Reilly ---Abstained Resolution Duly Adopted Supervisor Diehl left the meeting at 12:27 P.M. and Deputy Supervisor Johnson then chaired the meeting. The following resolution was offered by COUNCILMAN VERSACE, who moved its adoption: RESOLVED, by the Town Board of the Town of Wappinger that Records Retention and Disposition Schedule No. 19 -TC -1 issued pursuant to Part 185, Title 8 of the Official Compilation of Codes, Rules, and Regulations of the State of New York and containing minimum legal retention periods for town records, is hereby adopted for use by the Town Clerk of this town; FURTHER RESOLVED, that this Board hereby authorizes the disposition of records in accordance with the minimum legal retention periods set forth in Records Retention and Disposition Schedule No. 19 -TC -1; AND FURTHER RESOLVED, that the Town Clerk be and hereby is, directed to furnish a certified copy of this resolution to the Commissioner of Education. Seconded by: Councilwoman Reilly Roll Call Vote: 4 Ayes 0 Nays Resolution Duly Adopted 384 A report was received from Mr. Lapar, which had been requested at the last meeting, on the cost to purchase leak detection equipment from Heath Consultants. The basic unit would cost approximately $1,050.00 and the training expense would be $350.00. Mr. Lapar recommended that this equipment be purchased. It was explained by Mr. Lapar that this training session would be open to anyone interested in attending, even a member of the Town Board if they so desired. MR. VERSACE moved that the Town purchase the leak detection equip- ment from Heath Consultants at a cost of $1,050.00 and also approved the expenditure of $350.00 for training expense. Seconded by Mrs. Mills `Roll Call Vote: 4 Ayes 0 Nays A late letter had been received from the Cross Court Tennis Club at last month's meeting objecting to the Town tennis instructor being allowed to charge for private tennis lessons being conducted on the Town owned tennis courts. The matter had been resolved but no action had been taken to respond to Mr. Netter, owner•of the club. MRS. MILLS moved that a letter be sent to the Cross Court Tennis Club informing them that the Town will not undertake the project of giving lessons and charging a fee at the Town tennis courts. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes 0 Nays 1 Mr. Fulton, being recognized by the Chair, reminded the Board that at the last Board meeting he had presented an envelope to the Town Clerk containing allegations of a conflict of interest concerning 1400 the Engineer to the Town, and now asked the Board if they had received any legal advice on this matter. The Board, with the exception of Mr. Versace who had requested a copy of this, had not reviewed the contents and therefore were not knowledgable of its contents. The Town Clerk said it was on file for anyone to view and Mr. Johnson noted that since Mr. Fulton said there were.allega- tions enclosed he would review the contents. No other business came before the Board. c � 385 MRS. MILLS moved to adjourn the meeting, seconded by Mrs. Reilly and carried. The meeting adjourned at 12:36 P.M. Reg. Mtg. 7/14/80 oaw Elaine H. Snowden Town Clerk