Loading...
1980-04-14 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 144, 1980 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE OF ALLEGANCE TO THE FLAG BY CUB PACK #57 a e3 3. ACCEPT MINUTES Regular Meetings: Feb. 13, 1980 & March 10, 1980 Special Meetings: Feb. 29, 1980, March 26 & 31, 1980 4. REPORTS OF OFFICERS Town Ju tices Bldg/Zng Receiver of Taxes (Feb. & March) -t Iqr .%) 0.1 eepols 5. PETITIONS & COMMUNICATIONS r � a. R. E. Lapar Report on Wappingers Park Water District with letter from Mr. Andrews b. Eric Gardell re: VanDeMark Subdivision water & Sewer tie-in c. Torte Claim Michael Hlinka, Jr. - over charge on water rents d. W. Rohde re: request meeting with Zoning Committee to discuss Heffernan parcels on Rte 9 & MacFarlane Rd. e. M.P. Horan re: Sewage & Drain Deficiencies Angelbrook Dev. f. Peddlers application for licenses: Sherman Prosser & Joseph Boyd �( i g. EcolSciences, Inc. additional responses to comments on Draft EID h. CR 94 abandonment of highway property (Manco) (Memo from L.DIEHL) i. R.E. Lapar Re; Bel -Aire Lane Storm Sewer - Petvai Easement j. R.E. Lapar re: Wappinger Sewer Imp. #3 Plan of Study Step I application Ludewig Property, represented by Jas. Klien, re: Conservation Density Subdivision (Sect. 411.92 Zng. Ord.) ,.1. Planning Board re: (1) funds for engineering review of subdiv. (2) request foryvaiver of Downstream Drainage fee for Chelsea Ridge Mall m. Zoning Board recommendations re: accessory structures, etc. n. Wm. Horton, H. Supt. Report on Traffic Lights 6. COMMITTEE REPORTS L. Diehl Proclamation of National Grange Week Comptroller: Financing. for proposed Bel -Aire Lane 7. RESOLUTIONS a. N.Y.S. DOT Highway Grade Crossing Pavement Markings b. Bids for Chemicals - w/ Compt. recommendation- $c� Lv.e mals c. Request of Comptroller to change Sewer Billing Cycle d. Transfer for (Rec.) Tractor purchase e. Vacancy on P1 nning Board .Q , ''Geer. cm. O ae x ck.e ea.'�umt Com.r.) V ee AAA Sw.. ' . 2ketres \aM I -� 8. UNFINISHED BUSINESS a. Alison Knox request to become tenant of Water Dist. (Confirmation) 9. NEW BUSINESS 10. ADJOURNMENT 270 The Regular Meeting of the Town Board of the Town of Wappinger was held on April 14, 1980, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:12 P.M. present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town Cub Scout Pack 457 was present with their leader, Hans Gunderud, and Mr. Diehl asked that they come forward and lead the public in the Pledge of Allegiance to the Flag.:, All stood and said the Pledge of Allegiance to our Flag. The Minutes of the Regular Meetings of February 13 and March 10, 1980 and the Special Meetings of February 29, March 26 and March 31, 1980, having previously been sent to the Town Board, were now placed before them for their consideration. MR. JOHNSON moved to approve the Minutes of the Regular Meetings of February 13 and March 10, 1980 and the Special Meetings of February 29, March 26 and March 31, 1980, as submitted by the Town Clerk. Seeonded by Mrs. Reilly Motion Unanimously Carried Reports had been received from the Town Justices and Building Inspector and Zoning Administrator for the month of March, the Receiver of Taxes for the months of February and March, also the Annual Reports from the Town Justices. Judge Bulger had also enclosed a letter to the Board regarding their need for extra clerical help. MRS. REILLY moved to table action on Judge Bulger's letter until the next meeting. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes, Mr. Versace --Abstain 27 1 Mr. Versace said he had not had a chance to read the letter and could not vote on this motion. MRS. MILLS moved to accept the reports and place them on file. Seconded by Mrs. Reilly Motion Unanimously Carried Two letters had been received from Mr. Lapar on the proposed Wappinger Park Water District --one was in reference to the purchase of this system, the second letter was addressed to Mr. Roland Andrews, Member of Executive Board of Wappinger Park Homeowners Association from Mr. Lapar which was in response to Mr. Andrews' letter to him addressing the matter of a feasibility study in the matter of a possible takeover of the Wappinger Park Water Company. Mr. Diehl had written to Robert Hankin, President of Wappinger Park Homes regarding the possible sale of the system; the reply stated he would be interested in selling the system if the price was right. MR. DIEHL moved to direct the Attorney to the Town to discuss negotiations with the principals of Wappinger Park Homes, Inc. for a possible sale of that system. Seconded by Mr. Versace Motion Unanimously Carried Mr. Versace requested that a work shop session be set up with the Town Board and representatives of the Wappinger Park Homeowners Association immediately after receiving information on a cost figure on the system. The Board concurred with this request. Mr. Diehl then asked if there was any discussion on this matter from the Board or the residents who were present. Rose Wells was then recognized by the Chair and complained that she could not get any information in writing from Jack Hill of the Dutchess County Health Department --everything was verbal. She wanted a statement on the high iete1 of sodium chloride in the second well that was put in the system by the residents. She was still waiting for minutes of a meeting they had had on this water systettt; she was told back in March that they had to be proof read. Mrs. Mills said she would call Mr. Hill's the next 3 koi day in an attempt to have this information mailed to Mrs. Wells, and to the Water and Sewer Committee. Mr. Walter Holze asked if the second well had been run for any length of time to determine the level of sodium chloride. Mr. Lapar responded that the procedure was to run a test for 24 hours under the supervision of a licensed engineer and the Health Depart- ment to determine bacteria and chemicals contained in the water. He was not present and had no way of knowing if this procedure was followed. Mrs. Mills again volunteered to obtain this infor- mation when she contacted Mr. Hill. Mr. Diehl requested that a letter from Mr. Adams to the Town Board on the review of water quality of private water companies be read and this might answer questions brought up by Mr. Holze. The following letter was received: March 24, 1980 Town Board Town of Wappinger Wappinger Falls, New York 12590 Re: Review of Water Quality of Private Water Companies Dear Members of the Board: At the last regular town board meeting, you requested that we provide you with an opinion as to the ability of the town to undertake or cause a third person to undertake an investigation of both quality and quanitities of water provided by a private water company servicing a subdivision or subdivisions or other customers within the Town of Wappinger. We have reviewed the provisions of the Public Health Law which govern regulation of private water companies and conclude from our review of the same that the town does not enjoy, under the laws of the State of New York, the authority to undertake such inquiry on a regulatory basis. Such regulations have been preempted by the State of New York and its agents. Further, with respect specifically to realty subdivisions, the power to regulate the same has been vested only in cities or counties which have established departments of health. Therefore, it is our conclusion that the Town of Wappinger is without the power to prescribe regu- lations for the supply of water, and in the absence of such regu- lations, cannot require a private water company to provide access to its facilities for purposes of testing water. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams Mr. Diehl informed the residents present from Wappinger Park Homes that they would be notified if and when any further work shops or meetings were held. 'g.73 g.73 Mr. Eric W. Gardell, licensed land surveyor and professional engineer wrote to the Board requesting approval to connect to water and sewer for the Van DeMark Subdivision on Myers Corners Road. Denial had been received from the Health Department on the connection to the sewer lines, but not for the water hook-up. MR. DIEHL moved to grant permission for the VandeMark to hook up to the Central Wappinger Water Improvement approval of the Engineer to the Town. Seconded by Mrs. Reilly Subdivision subject Motion Unanimously Carried to A Tort Claim had been received by the Town Clerk from Michael J. Hlinka, Jr., seeking refund from the Town due to overpayment on a water bill. Mr. Hlinka was present and addressed the Board on this claim. First he inquired if the Board had received his claim which had been addressed to the Town Clerk with a cover letter. The Board Members had all received this communication dated March 26, 1980. Mr. Hlinka felt he had a substantial claim with merit, and was entitled to a refund without any further action being taken. He had taken this to the Village of Wappingers Falls court, but it was dismissed at Mr. Adam's request due to the fact that there was not prior notice to the Town. Mr. Versace then asked the Attorney what position the Town was now in regarding this matter. Mr. Adams explained that Mr. Hlinka had brought an action against the Town in the Village court. Mr. Adams had moved to have dismissed on the grounds that Town Law Section 65a requires prior to institution of legal proceedings, claim must first it that be served against the Town and the Town Board must then take action by either rejection or acceptance, then legal action can follow. At present there is no legal claim existing. Mr. Versace had researched this matter and confronted Mr. Hlinka with his findings. He went back to 1977 with the meter readings; in some instances cards were left for Mr. Hlinka to read the meter and send in to the water department. In some cases this had not been done, and he was therefore, charged the minimum fee. The readings had been high at the times when the meter reader had access to the house. Postcards had been left eleven (11) times for him to return -- they were returned four (4) times. Mr. Versace asked if there was a reason for that. Mr. Hlinka replied that he did not feel it was his obligation to read the meter and he further stated that "someone was in that house every day". He claimed the Town records were wrong and urged the Board to speak to a previous meter reader, Mr. Petrus, who could verify the fact that there weren't that many times the meter was not read. He continued on saying that he had made numerous requests from former Comptroller Matthew Ryan for a refund and had been assured that if the meter was inoperable or defective, a refund would be made. 1160 He was given the run-around and had no other recourse but to take legal action. He complained about the meter reader coming to read the meter on Sunday --there were six other days in the week to do this work. Mr. Diehl interrupted to state that Camo Pollution Control had checked the meter and if anything it was a slow meter, rather than a fast one, according to their professional opinion. Many hours had been spent by the Town officials and employees, Mr. Diehl went on to say, looking for a probable error in their figures, to benefit Mr. Hlinka. Mr. Hlinka continued the discussion and mentioned a letter from Camo Pollution dated December 19, 1979 and quoted the second paragraph, "the testing revealed that although the meter sweep hand and the ones column gave accurate readings, number wheels for the other columns were inoperable. In other words, tens, hundreds, thousands and hundred thousands columns stopped recording after the malfunction. The exact time of the malfunction is impossible to pinpoint". Mr. Johnson then referred to Camo's letter of January 10, 1980 written by the same person and stated "since all but one of the meter's number columns was not functioning,: there is no way that Mr. Hlinka could have been overcharged, in fact, this malfunction would actually result in the customer being undercharged. Mr. Hlinka had a few more items to talk about --he asked if they could explain why the bill jumped $130 in one quarter --that would be proof there was something wrong with the meter since "very seldom are there people in the house". Mr. Diehl then stated that he felt the claim as presented was without merit based on the information made available by all departments and employees involved, and in all fairness to the Town, the claim for refund should be denied. 46.4 2'5 MR. JOHNSON moved that Mr. Hlinka's claim for refund on overpayment of his water bill be denied based on the fact that the claim as presented by him, was without merit. Seconded by Mr. Versace Motion Unanimously Carried Mr. Versace had recommended, during his presentation that this claim be denied. A request was received from Wilfred Rohde from Hayward and Pakan Associates, representing Patrick Heffernan, owner of a parcel on Route 9 and MacFarlane Road, for a meeting with the Zoning Committee to discuss recent changes made in zoning of two parcels at that intersection. Mr. Johnson asked that Mr. Rohde be informed that the Zoning Com- mittee would meet with him on April 2.1, 1980 at 7:00 P.M. at the Town Hall. Mr. M. P. Horan, a resident of Rich Drive in the Angel Brook Development, wrote to the Board concerning water drainage problems in that area. He claimed the problem was corroding and deteriorating the street and the resident's driveways. He asked that arrangements be made to inspect, evaluate and correct the condition. MR. DIEHL moved to direct Mr. Horton, Highway Superintendent and Mr. Lapar, Engineer to the Town, to inspect the area and report to the Town Board at the next regular meeting with their findings. Seconded by Mr. Versace Motion Unanimously Carried Another letter on'drainage problems had been received from Mr. Jordy from the Spring Hill Development. Mr. Versace had spoken to him on this problem and also discussed the matter with Mr. Scaccia, the developer, who indicated to Mr. Versace that he would build a swale to carry the water away from the effected homes. Mr. Versace felt this should be done in cooperation with the High- way Superintendent since eventually it would be maintained by the Highway Department. MR. VERSACE moved to direct the Highway Superintendent and the Engineer to the Town to meet with Mr. Scaccia, developer of Spring 276 Hill Development, to work out dimensions on construction of a swale for their specifications, in order to help alleviate the problems in that area. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Gene Kelly, Smith Crossing Road, being recognized by the Chair, asked if construction could be held up on this project until the meeting took place with the developer and the Town officials. MR. JOHNSON moved that Mr. Horton and Mr. Lapar report to the Board when they determine if the developer of that subdivision has adhered to the drainage plan which was part of the subdivision approval. Seconded by Mrs. Mills Motion Unanimously Carried Mary Kelly, also from Spring Hill Development, being recognized by the Chair, told the Board that she has a swale in her back yard, but every time it rains they get water in the back yard. The developer agrees the property has been graded wrong but he is stalling when it comes to doing the proper grading. Mr. Diehl asked Mr. Lapar and Mr. Horton to look at the Kelly property when they went out to the area. Mr. Gunderud informed the Board that Mr. Lieberman had been out to the site on complaints received in his office, and they were now checking the preliminary plot plan with the final as -built plot plan to see if there were any discrepancies. Mr. Diehl asked that all three departments coordinate their informa- tion for a report ---Highway, Engineer and -Building. Three applications had been received for Peddler's Licenses -- Sherman Prosser for a Hot Dog Truck, Joseph Boyd for household cleaning products, Frank Frorath for ice cream and candy. MR. JOHNSON moved to approve all three Peddler's Licenses. Seconded by Mrs. Reilly Motion Unanimously Carried EcolSciences, Inc. had written responses to the three sets of comments on the EIS for the zoning Ordinance. r•r 4fr y.�rt MR. JOHNSON moved to accept the communication from EcolSciences, Inc. and place them on file. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes Mr. Versace --Nay The following memo to Mrs. Snowden, Town Board and Mr. Horton was read: Memo To: Elaine Snowden, Town Clerk, Town Board Members, William Horton, Highway Superintendent From: Louis Diehl, Supervisor Date: April 7, 1980 Re: Enclosure from Attorney Mr. Adam's opinion is exactly what I discussed with Mr. Horton as the direction the County should take, a direct abandonment of lands to homeowner and eliminate any transfer of lands to the Town. I recommend this procedure (see enclosure) be followed via County and property owners and the Town should so direct at the April meeting. Mr. Diehl explained that this road had been abandoned by the County, when the new road was constructed (All Angels Hill Road). This unused portion has become an eyesore with dumping. The County had requested that they turn it over to the Town and the Town, in turn would turn it over to adjacent property owners. Mr. Diehl felt that the County should turn it over th the owners without involving the Town. The Attorney's opinion was that this procedure could be followed under provisions of Highway Law Section 118-a. MR. JOHNSON moved that a letter be addressed to the Dutchess County Executive and Commissioner James Spratt, Dutchess County Department of Public Works, requesting that the County abandon this land (CR94) to adjacent home owners, and copies be sent to the County Legislators. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from Mr. Lapar regarding the Bel -Aire Storm Sewer and Petvai's Revised Easement. Mr. Johnson felt action should be taken by the Board to put this project in motion. MR. JOHNSON moved to authorize the Engineer to go to bid_on the Bel -Aire Lane Storm Sewer Project and direct the Comptroller to prepare the necessary bonding to finance this project. Seconded by Mr. Diehl Motion Unanimously Carried •278 A second letter from Mr. Lapar was in reference to Wappinger Sewer Improvement ##3 Plan of Study, Step I - Application. Mr. Johnson explained that this Sewer Improvement ##3 was a project that began three or four years ago and it consists of the lateral districts that tie into the main line provided by the Tri -Municipal Sewer. At that time Mr. Lapar was awarded a contract to prepare a study and bring it up to the point of filing application so we could receive the 75% Federal Aid and 121/2% State Aid on this project. They had not pursued the project because there was doubt of the reality of Tri -Municipal and there were many questions that had to be answered on the financing. We have now been asked to finalize this application since the Tri -Municipal project has been starting to look encouraging. Mr. Lapar has been requested to look into this project again and update it for an application. Mr. Versace commented at this point, that not too long ago, the Village of Wappingers Falls and Town of LaGrange indicated they might want to withdraw from the Tri -Municipal project; he questioned what this would mean to this Town. Mr. Johnson informed the Board that at a previous meeting of the Tri -Municipal Commission, Mayor Synnett expressed concern that the project was not moving fast enough and the Village may be forced to act before Tri -Municipal becomes a final operating entity. LaGrange's problem was that the EPA was forcing the Commission to study certain types of processing that they found objectionable and this was land application. All various alternatives must be studied, they started with 14 alternatives, they were now donw to 3 - by June the final alternative will be treated. The question whether they can withdraw is now a legal one, since they are bound by contract. Mr. Johnson had no knowledge whether this would change the Town of Wappinger's participation. The target date of the Draft EIS filing is scheduled for August 1st - it is expected they will have all data compiled by June. This service would encompass the Town of Wappinger and it would behoove the Town to pursue the project. Mr. Versace's concern was that once all the information was compiled and the cost analysis was known, the full Board would have this knowledge and all would participate in making the decision to go or )01, ,6F%.,279 not to go with it. The original concept of Tri -Municipal was a regional system with one plant - there could be various locations for a plant - it could be Chelsea, Fleetwood might be eliminated, Rockingham could be converted. Whatever way Tri -Municipal decides to go, it should have the full consent of this Board. Mr. Johnson agreed and assured Mr. Versace that the representatives of the Town of Wappinger did not intend to make any decisions unknown to the Board. Out of the 14 alternatives, Rockingham had been under consideration for expansion, but that has been eliminated from the project, Oakwood will not remain as an existing facility, Fleetwood would be eliminated. By the process of elimination, there will be one plant on the Hudson River. At the present time, they are proceeding with feasibility Step I Study and when that is completed, that will be the time to face further decisions. Mr. Diehl's interpretation of Mr. Versace's comments was that if there were major changes in the project, they would come before the municipalities involved and approval by the governing body. He felt that the threats made by the Village of Wappingers Falls and the Town of LaGrange were done for the purpose of speeding up the Federal and State governments for approval. Mr. Johnson then informed them as a result of the Village's and LaGrange's action, the Commission had set up a meeting with Congressman Fish on May 2nd at a location not yet announced, to discuss the possibility of a "push" on the part of the government agencies. There had been talk that if there were any major re- alignment of boundaries, they may need new authorization and if bonding requirements change drastically, there would be a possibil- ity of more public hearings. These are questthons that need answers. Mr. Diehl, going back to Mr. Lapar's letter on Wappinger Sewer Improvement #3, reminded the Board that authorization was given to Mr. Lapar at a previous meeting, to continue with the processing of the application for this project; at the present time the Town owes Mr. Lapar's firm $10,000 for previous engineering work on this project plus $1,000 for additional work on the Step I Application in order to continue the processing. MR. DIEHL moved to direct the Comptroller to prepare proper financing to pay the firm of Rudolph E. Lapar the sum of $11,000 which includes ►I '.280 $10,000 for the original report and $1,000 for the additional work he was authorized to do on Wappinger Sewer Improvement ##3. Seconded by Mr. Johnson Motion Unanimously Carried Mr. James Klein wrote to the Board regarding the feasibility of constructing a Conservation Density Subdivision under Section 411.92 of the Zoning Ordinance. Mr. Klein and Mr. Russ from the firm of Barger and Russ, consulting engineers, were present and addressed the Board. They presented a map of the property and Mr. Russ cited the section from the Ordinance describing this zoning. He noted, after Mr. Diehl's-comment that under the new zoning, they were required to provide plans sufficient for the Town Board to review upon written request, that nowhere in the ordinance was this stated --all it says is that a written request be made to the Town Board. Mr. Russ felt they should establish ground rules if this were to be done again, since it was very confusing in the Ordinance. Mr. Diehl said they would have the Zoning Committee and the Attorney review this matter that was brought up by Mr. Russ. It was recommended by Mr. Russ that this be referred to the Planning Board for recommendation back to the Town Board --he felt this would make it easier for the Town Board. He also wanted it referred to the Conservation Council. Mr. Versace felt that a work shop session should be set up to discuss this more thoroughly with the parties involved. There were a lot of questions he would like answered which would be time consuming at this regular meeting. MRS. REILLY moved that the 4th Monday of every month be set aside for a work shop session at 7:00 P.M. and the first one on April 28, 1980 could be for the purpose of discussing the Conservation Density Subdivision plan as submitted by Mr. Klein. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Diehl asked that Mr. Hawksley and Mr. Fanuele be invited to attend this work shop session on April 28, 1980. ngi A letter was received from the Planning Board regarding funds for an engineering review of the Lor -Mare Subdivision which was a proposed subdivision planned by Rudolph Lapar. They were requesting that funds be allocated since an expenditure of this type had not been anticipated when they were planning the 1980 budget. Mr. Johnson said they would like to have some idea of what the expenditure would be. He felt there would be no objection to hiring the engineer as recommended by the Planning Board, but they did need a figure to work with. MR. JOHNSON moved that the firm of Peter N. Anagnos, P.E. & L.S. be appointed to review Mr. Lapar's proposed subdivision,subject to notification of the fee involved. Seconded by Mrs. Reilly Motion Unanimously Carried A second letter was received from the Planning Board concerning a request for waiver of the downstream drainage fee for the Chelsea Ridge Mall. MR.DIEHL asked that this request be referred to the Drainage Committee for their investigation and report back to the Board, and further moved that this Committee coordinate this report with the engineering study that has been requested. The Zoning Board of Appeals had recommendations regarding the new Zoning Ordinances and referred to a previous request dated July 13, 1979 referencing other concerns on the Ordinance. Mr. Johnson asked that a letter be written to all Boards of the Town (including Councils and Commissions) assuring them that the Zoning Committee would discuss their concerns sometime in the near future. This would also include any department heads who had requests and/or problems. The following report was received from Mr. Horton: April 9, 1980 Town Board - Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Ladies and Gentlemen: The enclosed correspondence is pretty much self-explanatory. 3 2 7 The Town of LaGrange succeeded in getting Dutchess County to accept its responsibility and install traffic signals at the intersection of two county roads within the town. Granted, the traffic signals which the county installed at the Titusville- Noxon Road intersection are set for a flashing red and amber mode, because, as Mr. Spratt indicates, that is as far as his authority dictates, it still is a positive step in that the Town of LaGrange did not have to bear the cost of purchase, installation or maintenance for lights at a county intersection. Since Town of Wappinger taxpayer money was once again spent, on April 4th, to correct a vandalism problem to the light at Old Hopewell Road and All Angels Hill Road, it would appear to me, in light of LaGrange's crusade, that our town should petition the county to assume its rightful responsibility in the operation and maintenance of the traffic light at Old Hopewell and All Angels Hill Road, and the light at Myers Corners and All Angels Hill Road. At the same time I would recommend the Town Board pass a resolution instructing our representatives to the County Legisla- ture to designate and establish a Traffic Engineering unit on the County level so that fully operational traffic control devices can be erected and maintained by the County, at county intersections. Very truly yours, s/ William P. Horton MR. JOHNSON moved that the representatives of the County Legis- lature be instructed to designate and establish a Traffic Engineer- ing unit on the County level so that fully operational traffic control devices can be erected and maintained by the County at County intersections, as recommended by our Highway Superintendent. Seconded by Mrs. Mills Motion Unanimously Carried Under Committee Reports, Mr. Johnson said he had attended a meeting of the Recreation Commission and noted that the Commission would be passing out tree seedlings to the public on April 26th and April 27th at Martz Field from 9am to 1pm. These were purchased from the Department of Environmental Conservation at a substantial savings, and it has become an annual ritual to plant them around the recreation areas of the Town and also to invite the public to take what they could use for their own property. At last months' meeting Mr. Lapar and Mr. Horton had been asked to check the culvert on Route 9D for any obstacles that would prevent the water from flowing through properly. Mr. Johnson then asked Mr. Lapar if he had had the opportunity to do this. Mr. Lapar responded that Mr. Horton had been sick and not able to check the stream although he had done this two or three years -283 ago and suggested that Mr. Lapar do this, also. Mr. Lapar said he would walk the stream as soon as the weather improved. Mr. Diehl had received a resolution from County Legislator James Pagones "Memorializing an Increase in Justice Court Reimbursement", and read a paragraph from it --- Resolved, that the Governor, State Comptroller, State Assembly and the Senate be and hereby are memorialized to enact an increase from said $5 to $15, in the portion of the fines for the violation of the State law processed in the local Justice Courts, that is returnable to the local governments in order to adequately compensate local governments throughout New York State for the expense of maintaining local Justice Court facilities" Mr. Diehl then sent a letter to the Justice Court and they replied that they would support this resolution. MR. DIEHL moved that the Town Board send a letter to the Clerk of the County Legislature and to Dutchess County Executive expressing support from the Town of Wappinger of Mr. Pagones resolution regarding an increase in Justice Court reimbursement. Seconded by Mrs. Reilly Motion Unanimously Carried The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, Morris J. Halladay, Master of the New York State Grange, has announced that April 1980, will be celebrated as Grange month in the State of New York, and WHEREAS, he has designated April 20-26, 1980 as Grange week for subordinate Granges, and WHEREAS, Governor Hugh Carey and County Executive Lucille Pattison have proclaimed the same in New York State and Dutchess County respectively, and WHEREAS, the Grange is a family, community and fraternal organization, concerned with serving the needs of its rural, urban and suburban members; dedicated to community services; concerned with the judicial use of our human and natural resources and, through its social and recreational fellowship, promotes patriotism and citizenship activities, and NOW, THEREFORE, I LOUIS D. DIEHL, Supervisor of the Town of Wappinger, New York do hereby proclaim the week of April 20-26 as Grange Week in the Town of Wappinger and urge all citizens to join me in honoring this worthy organization. Seconded by Councilman Versace Roll Call Vote: 5 Ayes A letter was received from the New York State Department of Transportation on railroad -highway grade crossing pavement markings and advance warning signs project on Town & County roads. The resolution would permit the State, its agents and employees, to enter upon municipal highways for the purpose of performing the improvements, in addition the resolution would also state that the municipality would maintain the signs and markings subsequent to their installation. The following resolution was offered by SUPERVISOR DIEHL, who moved its adoption: WHEREAS, the New York State Department of Transportation has proposed a Rail Highway Crossing Program Project, pursuant to Section 203 of the Federal Safety Act of 1973 as amended by Section 203 of the Federal Highway Safety Act of 1976, and WHEREAS, the New York State Department of Transportation has notified this legislature of the approval of plans and specifications for such a Rail -Highway Crossing Program Project, for the Rail -Highway Crossing which are under the jurisdiction of the municipality, and which project is more completely described as Front Street covered under PIN 502037C WHEREAS, the New York State Department of Transportation has made known its intention to advertise a contract for the above- described improvement and has requested an agreement from the Legislature to the effect that it will permit the State, its agents and employees to enter upon the highways, roads and/or streets under the jurisdiction of the municipality for the purpose of performing the above described improvement. NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger duly convened in legal session held on the 14th day of April 1980, does hereby approve of the above described improve- ment to be performed on the highways, roads and/or streets of this municipality and does hereby agree with the State Department of Transportation that the authorities will permit the State, its agents and employees to enter upon the highways, roads and/or streets of the municipality for the purpose of carrying out the above described Rail -Highway Crossing Program Project, and it is further, RESOLVED, that the Legislature of this municipality does hereby agree with the State Department of Transportation that the municipality shall retain jurisdiction over the highways, roads and/or streets within the project area and hold harmless the State of New York for any damage to the property or persons of others due to the performance of any of the employees or agents of the municipality, and it is further RESOLVED, that upon completion of the above described Rail - Highway Crossing Program Project, the Municipality will maintain the improvement and the highways, roads and/or streets so improved in accordance with the New York State Highway Law and the Federal Highway Safety Acts of 1973 and 1976 and Federal Standards and criteria in connection with such project. RESOLVED, that for the Rail -Highway Crossing Program Project, the municipality agrees to schedule any highway resurfacing so that it will not obliterate newly painted markings, except as necessitated by emergency situations whereby resurfacing is essential to maintaining proper traffic operations, it is further RESOLVED, that the Clerk of this Town Board is hereby directed, within ten days after the adoption of this resolution, to transmit five certified copies of the foregoing resolution to the New York State Department of Transportation. II° 285,4 ti Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays Bids had been received and opened on March 3, 1980 for Chemical Purchases and Sludge Removal for the water and sewer plants in the Town. Recommendations had been received from the Comptroller for the Chemical Purchases awarding the bid to Jones Chemical Co. in the amount of $17,271.61 as low bidder --three bids had been received on this item: Jones Chemical Inc. at $17,271.61, Duso Chemical Co. at $17,623.25 and Axton -Cross Co. had an incomplete bid. On the Sludge Removal, James Herring M&O Sanitation Jones Septic Murphy Sanitation Lafko Jerry's Sanitation *J & J Sanitation seven bids had been received: $45,000.00 26.99 per 1000 63,750.00 3.9, 75-0.00 41,250.00 67,500.00 No firm bid -if dumping price increased per 1000 price will increase also. submitted The Comptroller recommended that the bid be awarded to Murphy Sanitation after checking with them to determine if they could meet the standards set by the Town. MRS. MILLS moved to accept the recommendations of the Comptroller and award the bid for Chemical Purchases to Jones Chemical Co. in the amount of $17,271.61, and the bid for Sludge Removal to Murphy Sanitation Inc. at the bid price of $39,750.00 for the period beginning May 1, 1980 through April 30, 1981. Seconded by Mrs. Reilly Motion Unanimously Carried A request was received from the Comptroller for approval to change the billing cycle for the Rockingham Farms Sewer District and part of Hilltop Water that is within the Rockingham Sewer District. Rockingham is presently billed on a semi-annual basis; if changed, future billing would be on an off quarter basis so both water and sewer could be billed at the same time. MR. JOHNSON moved to approve the change of billing cycle for the Rockingham Farms Sewer District, as recommended by the Comptroller, and further moved that he be instructed to notify the customers 464 of this change with the first billing. Seconded by Mrs. Mills Motion Unanimously Carried A memo was received from the Comptroller regarding the Tractor Purchase by the Recreation Commission, as follows: Memo To: From: Date: Subject: I have been over to the budget. Town Board Members Hank Cuatt, Comptroller April 3, 1980 Tractor Purchase advised by Supervisor Diehl that $9,000 was carried General Town fund balance from the 1979 recreation He further advises me that the $12,790 authorized on March 31, 1980, for the purchase of a tractor for the recreation department, should come partly from unexpended fund balance in the amount of $9,000 and the balance of $3,790 from the 1980 recreation budget. If the above is your understanding of how this purchase is to be handled, please advise me by telephone or letter and I will set up the appropriate transfer for your April 14th meeting. MR. DIEHL moved that the Comptroller be authorized to pay the amount of $12,790 for the tractor purchased by the Recreation Commission as outlined in his memo ($9,000 from General Fund and $3,790 from the Recreation Budget). Seconded by Mr. Johnson Roll Call Vote: 4 Ayes Mr. Versace --Nay A vacancy still existed on the Planning Board and Mr. Diehl asked if the Board wished to take action on this matter tonight. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that Charles May be and he is hereby appointed to fill the vacancy on the Planning Board of the Town of Wappinger which has occurred by reason of the expiration of the term of Virginia Keeler, and it is further RESOLVED, that the said Charles May is hereby appointed to the said Planning Board for a term which shall expire on the 1st day of January, 1987. Seconded by: Mrs. Reilly Roll Call Vote: Supervisor Diehl Councilman Johnson Councilwoman Mills Aye Aye Nay Councilwoman Reilly Councilman Versace Aye Nay 2 a Mr. Johnson noted, before making his motion, that Mr. May had been interviewed by the Board and had submitted a resume. Mr. Diehl also commented that Mr. May was first interested and had applied for this appointment back in 1972; he had sent in a complete resume and Mr. Diehl felt he was the man for this posi- tion since he had still expressed interest after that length of time. Mrs. Mills wished to present another name, but was advised that there was a motion on the floor which had to be voted on before any further names were presented. After the vote was taken, Mrs. Mills wished to clarify her "Nay" vote by stating that she felt a woman should be appointed to that position since it was a woman who just left that Board. One woman out of a seven member Board would be a representative for a woman's input. She further stated that she had a woman's name to present and was sorry that she didn't get the chance to have the Board act on this. A vacancy also existed on the Recreation Commission, but no recommendation had been received from the Commissioners. MRS. REILLY moved to table action on this appointment until written recommendation was received from the Recreation Commission. Seconded by Mr. Johnson Motion Unanimously Carried Under unfinished business was the matter of the request of Alison Knox for permission to tie into the water and sewer lines (Rockingham Farms Sewer District and Central Wappinger Water). This request was made back in September of 1979 and the Health Department had just contacted the Town Board indicating that they would not permit an additional hook-up to the Sewer District, no recommendation was received on the hook-up to water. A confirmation of the resolution adopted at the September 10, 1979 was needed; this stated that the request be granted subject to recommendations of Mr. Lapar and approval of the Dutchess County Department of Health and all conditions of the tenant policy of the Town had to be agreed to. MR. JOHNSON moved to approve the request from Alison Knox to hook into the Central Wappinger Water District subject to all L 288 conditions of the tenant policy of the Town being agreed to by the applicant. An Addendum to an Agreement between the Town of Wappinger and Dr. G. Harvey Barrett D.V.M. was received for consideration by the Board. There were certain items that had to be changed and Dr. Barrett's attorney wished to change the language. The Addendum reads as follows: It is agreed by and between the above parties that an agreement of four pages executed this date between them whereby the party of the second part is to provide a dog shelter for the Town of Wappinger is amended by deleting therefrom the provision set forth in paragraph 2 and by substituting the following provisions in place and in substitution therefor: The municipality shall pay to the party of the second part an annual sum of Four Thousand ($4,000) Dollars, which sum shall be paid on a monthly basis with the first payment due and payable thirty days after receipt of first dog. There shall be no prorating of such sum in the event that the number of dogs for whom shelter care is provided is less than 250. In the event that shelter care is provided for 250 dogs or more, the party of the second part shall be paid on a lump -sum basis Five Hundred ($500) Dollars for each 50 dogs or fraction thereof for which shelter and care is provided in excess of 249 dogs. MR. JOHNSON moved to approve the Addendum to the Agreement between the Town of Wappinger and Dr. G. Harvey Barrett, D.V.M. as written, and authorize the Supervisor to sign said Agreement. Seconded by Mrs. Reilly Motion Unanimously Carried Under New Business, Mr. Hans Gunderud wished to address the Board as a Scouter, relative to recycling which has been done by the Scouts in back of the.Imperial Theater for many years. The Plaza has changed ownership recently and the Scouts were asked to vacate kime this location and find another site to conduct their recycling program. There had been publicity on this order and the new owner stated that his reason for this action was the condition in which the site was kept. Mr. Gunderud attributed this to vandalism, since he had never seen it looking like that since he was a part of the program. He felt it was a worthwhile program and a good service for the residents and they were now looking for another site. Mr. Newman, head of the program, would be or already had been in touch with Mr. Diehl for his help in locating another site -- perhaps land owned by the Recreation Department, or possibly at the Town Highway. Another request he made was for the Town Board to intercede with the new owner of Imperial Plaza and ask him to reconsider his action. Mr. Gunderud thought they could inform him that someone would be there as a "watchdog" to make sure it was kept neatly. The Scout Council intended to write to the new owners in an attempt to have him rescind his order and perhaps let the Scouts back in there on a trial basis. Mr. Diehl said he was aware of the situation and had thought of some locations where they might resettle; however, he was not enthusiastic about using the Town Highway property. They had their own problems with vandalism and a program such as recycling could add to it. Wherever they found a place, Mr. Diehl felt there should be fencing around the operation. MR. DIEHL moved that a letter be written to the owners of Imperial Plaza, stating the support of the Town Board of the recycling program and assure them that additional patroling and fencing would be provided through the efforts of the Town if they would reconsider their action which banned the Scouts from the property. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Hawksley, being recognized by the Chair, remarked that he was one of the initiators of the program and was proud that it had continued for nine years since it was a valuable service for the Town. He hoped that the Town would find another site if it developed that they could no longer use the present one. Mr. Webb spoke in support of the program and said he used it every week and especially necessary service. over during the bad drainage problem on Town Board meetings since landfill is such a problem, it is a Mr. Webb then thanked Mr. Johnson for coming rains to check out his situation (he had a Pleasant Lane and had appeared at previous to air his concerns). He also thanked Mr. Versace for his interest in his welfare; he had invited Mr—Johnson over to inspect the area, but Mr. Versace had been there also. He still did not agree that it was not a Town responsibility and still felt that his concern would be justified when Walbaum's center started draining across Myers Corners Road and the stream would not take all that water. r 1 230;;; Mr. Hawksley had another notation to add to the comments he had previously made. The recycling program in Wappinger was the first of its kind and although other programs had been instituted, they were not as successful as this one. Mr. Versace had another item to bring up --that of correspondence received from the Fire Department regarding water pressure at Ketcham High School. The Planning Board has also expressed concern kwe about water pressure; he has read Mr. Lapar's comments on the subject, but it has never been discussed by the Town Board. Mr. Diehl said he had set up a meeting with the Water Committee to meet with Mr. Lapar, Mr. Caccio and Mr. Lehigh from the New Hackensack Fire Department; they met last week and discussed the problem of pressure. It appears that the size pumpers that are being used are built for a much greater capacity and pressure than our lines provide for them. They were informed that Mr. Hill from the Health Department is processing the approval for well #4 to be hooked up in the Hilltop system which will be an asset to the Fire Department, as well as the Town. They are also looking into the addition of a storage system tank in the future. At the conclusion of this meeting, the Fire Department representatives seemed to be assured that the Town officials were also concerned and were making attempts to correct the situation. They agreed to meet with Mr. Lapar and Mr. Caccia at a future date to check out hydrants which have already been inspected by the underwriters for insurance purposes. He then asked Mr. Lapar who had been present at that meeting, to add his comments. Mr. Lapar felt that the main factor was the rating of the system on what it could do, compared to what the Fire Department thought it could do, which is not realistic. The rating has been set by the underwriters and now that the Fire Department is aware of this, they will better understand it and will operate the system at the pace of the rating. Another factor, Mr. Diehl brought out was the fact that the operators of the plants, Camo Pollution Control, sometimes rested the wells at night and if there was a serious fire, the pressure was not there. This lack of communication has now been taken care of; the Fire Department will notify Camo if this should happen and all wells will be put on manual. 21 - Mr. Versace asked that this report be sent to the Planning Board. Mr. Versace then brought up the subject of a mandate from the State of New York for fixed asset accounting 2or towns by the end of 1978, which entails an inventory of all property owned by the Town. MR. VERSACE moved that the Comptroller be directed to seek a cost from various companies engaged in this work, in order to proceed with this mandate. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Diehl remarked that the previous Comptroller had done some research on this matter and Mr. Cuatt could update this material. Mr. Versace then informed the Board that at the May meeting he intended to discuss an increase of recreation allotment required by developers from $300 to $500 per lot. It was changed in 1976 from $100 to $300 and be felt it was necessary at this time for the Board to consider increasing this fee, for the purpose of increasing the capital fund of the Recreation Commission for future improve- ments. He requested that the Recreation Commission and the Planning Board be so informed. Mr. Johnson had three items to discuss -- the first was the matter of the Board preparing for a Fall clean-up site for the Town and have all approvals necessary for the use of the site at Castle Point, MR. JOHNSON moved to instruct Mr. Lapar and Mr. Horton to proceed with all necessary arrangements in order to use the site at Castle Point for a Fall Clean-up. Seconded by Mr. Diehl Motion Unanimously Carried Another item was that of notification of a Public Hearing on May 12, 1980 in regard to a proposed Air Show at the Dutchess County Airport. The promotors of this show are expecting about 50,000 people, and Mr. Johnson felt this would severely tax the Town of Wappinger roads and impair the health and safety of the residents. The County should be advised that the Town has a Public Assembly 292 Law that requires special permit for an assembly of people over 5,000 which must be adhered to. MR. JOHNSON moved that a letter be sent to the Clerk of the County Legislators advising them of this Law and express our serious concern regarding this proposed event, and further request that the date of the public hearing be changed since it falls on the day of the next regular Town Board meeting. Seconded by Mrs. Mills Motion Unanimously Carried Before the vote was taken, Mr. Hirkala, being recognized by the Chair expressed concern over the fact that the public hearing was being held in the afternoon and not too -many residents would be able to attend. Secondly, there had been no publicity on this so how would the public know what was going on ---the local paper should be requested to publicize this in a conspicuous spot. Mr. Diehl informed him that this was just released today to the Board. There was no other business to come before the Board. MRS. REILLY moved to adjourn the meeting, seconded by Mrs. Mills and carried. The Meeting adjourned at 10:35 P.M. Elaine H. Snowden Town Clerk 4/14/80