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1980-02-11 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 11, 1980 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. PLEDGE OF AGIANCE TO FLAG - GIRL SCOUT TROOP # 125 4. Accept Minutes 171 5. REPORTS OF OFFICERS: .Bldg/Zoning for Jan. & Annual Report T/Justices Receiver of Taxes Quarterly CATV Grinnell Library Annual 6. PETITIONS & COMMUNICATIONS a. b. c. d. e. f. g. Ron La Sota re Drainage problem Joel Neuman, Ch. Oak Park Neighborhood Assc. re: Siegfried Schwandt re; Petition for street light & Hi View Rd. Jon Gromyko request permission to cut dead wood Mrs. Giuffre, Pye Lane re: Sand in Water Line Request by Village to borrow 3 Voting Machines for Village Elections March 18th 1 H. Mangold, attny, re: dedication of Rds. Moccasin Hill Subd. s. Corv.rnen`Es IZI.rAct L Zec.fe c,Idn arft%rn.t os a4 pea f+.►ssten�4v c-4.4nc�► 'Grris."az"e -El�nv►tic- { a0�'0'V33 COMMITTEE REPORTS �� J. `�e�.lowd.:. -Pe. Dean Trucking at Top O'Hill on Town Property 7. CO p 2e3. re; canseGdeted F.D�si-s Eor lZegis'irc'4....ja.,�; 8. RESOLUTIONS a. b. c. d. e. f. g• h. i. :. k. 1. M, n. Tax Certiorari - proposed Consent Order from Wm. Crane re: Wappingers Falls Associates Ratification of Intent re: CWW Imp. Area Application to DEC Release of Retainage to D. Alexander on CWW Contract #9 Hall & Co. Release retainage - Contract #1B Vacancy on Planning Board Vacancy on Zoning Board of Appeals - H. Prager term expires Klassen Blders - accept Deed for East Salem Rd. Approve Lease Contract for dog Shelter Appoint Dog Control Officer/s Appoint additional members to CATV Committee Award Bids for Baseball Equipment - Recreation Award Bids for Fuel Oil and Highway Materials Cyceatik Peret..sswn - u ?:el Zwaepae k. b4``��,tiwa<t1► oP{ Zecreeetr ohCon.ra teri'4s perwuss• rn -tv ron-1 Znci A-racAtc 4.aader. 9. UNFINISHED BUSINESS A. Report on Airport Balefill site from Jack Hill 10. NEW BUSINESS 11. ADJOURNMENT 173 The Regular Meeting of the Town Board of -the Town of Wappinger was held onFebruary 11, 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 Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town Supervisor Diehl invited Girl Scout Troop *125 present at the meeting to lead the public in the Pledge of Allegiance to the Flag. All stood and saluted the American Flag. Mr. Diehl thanked the girls for their attendance and participation and invited them and their leaders to remain at the meeting as long as they desired. The Mjnutes of the Regular Meeting of December 10, 1979, the Year End Meeting of December 28, 1979 and the Reorganizational Meeting of January 2, 1980, having previously been sent to the Town Board, were now placed before them for their consideration. MR. JOHNSON moved that the Minutes of the Regular Meeting of December 10, 1979, Year End Meeting of December 28, 1979 and Reorganizational Meeting of January 2, 1980, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mrs. Reilly Motion Unanimously Carried Reports were received for the month of January from Building Inspector, Zoning Administrator, Town Justices and Receiver of Taxes, Annual Report from Building Inspector and Zoning Administrator, Quarterly Report from CATV and Annual Report from Grinnell Library. MRS. MILLS moved to accept the Reports and place them on file. Seconded by Mr. Johnson. Motion Unanimously Carried 17,4 The following letter was received: January 23, 1980 To: Town Board: Town of Wappingers From: Ronald LaSota Re: Compensation for Water Drainage Damages Members of the Board: I am writing you in hopes that you will aid in the remedy of damages to my property due to storm drain run-off directed to my lands. The situation is as follows: I reside at the corner of routes 376 and Meyers Corners Road, Wappinger Falls NY. I have been the owner of this 2.7 acres of land since 1971. At the time of the purchase of this property I acquired 2.7 acres of totally usable land. Since the time of my purchase a housing development "Serenity Mission" was con- structed off Monfort Rd, the developments boundaries being adjacent to mine. The storm drain which carries road surface run-off for this development is directed towards my property. The result of this is that approximately one acre of my land is now a swamp. This was=done without my permission. This flat acre of land is a direct route between "Serenity Mission" and Sprout Creek. I had contacted the contractor of the development about this. He in turn directed me to the Town Engineer, who told me in so many words, that it was not his problem. This "swamp" is a breeding ground for mosquitos which inundate the area during the summer months. I wish to make productive use of this land, and simply do not have the thousands of dollars necessary for it's reclamation. I am hoping that the members of the Town Board will inspect this site, and make available to me the needed money to correct the "town's mistake", or to have the town in any way, repair the damages done to my property. I am sure that if this had happened to any one of you, you would also request and expect rectification of the situation. Please contact me when action will be taken as a result of this letter. I will be in attendence at the Feb. llth Town Board meeting. Respectfully s/ Ron LaSota Mr. LaSota was present at the meeting to speak on his problem and being recognized by the Chair, he brought forth the complaints that he had stated in the letter. He wanted help with the drainage situation by whatever means possible so he could use the land. Reports had been received from the Building Inspector and the Engineer to the Town as follows: Memo To: Louis D. Diehl, Supervisor From: Hans R. Gunderud, Building Inspector & Zoning Administrator Date: January 31, 1980 Subject: Ron LaSota's Drainage Problem I have reviewed several files, maps and data pertaining to the areas that would have bearing on Mr. LaSota's property and offer the following summary: .3 1. Serenity Mission subdivision was laid out in January 1972 with a drainpipe between lots 14 and 15, discharging surface water towards "Lands of Kerr" into what was indicated as a natural streambed. This drainpipe handles the roads and approximately 10 acres of land, of the northern 1/3 of Serenity subdivision. 2. The Stringham subdivision (LaSota's present 2.7 acres) was laid out in August 1972, final approval given in March 1973 (Mr. LaSota's claim that he owned it since 1971 is incorrect) and showed the adjoining properties to be Kerr and Praeger, Central Hudson, Route 376 and Meyers Corners Road. In 1976 Mr. LaPar's office wrote a letter to Mr. LaSota (copy attached) explaining the drainage stream and existing swamp. 3. The drainage, via the stream, would indeed continue �r► from Serenity and because of existing terrain, would have to cross Mr. LaSota's property on its way to Sprout Creek, the utlimate destination. 4he. 4. The handling of surface waters either existing prior to, or as a result of development of property by discharge into an existing stream, or other existing drainage way has been and is the accepted State -of -the Art. I hope this information will help the Board in its consideration of Mr. LaSota's plea. I feel, that contrary to Mr. LaSota's assertion , the Town did not make a "mistake" in the handling of the water drainage from Serenity. Respectfully, s/ Hans R. Gunderud Building Inspector & Zoning Administrator The following letter was referred to in Mr. Gunderud's memo addressed to Mr. LaSota from Mr. Lapar: July 7, 1976 Mr. Ronald LaSota Route 376 & Myers Corners Road Wappingers Falls, N.Y. 12590 Re: Swamp Condition and Discharge from Serenity Mission Subdivision Dear Mr. LaSota: We have reviewed your complaint of water discharging across your property causing a swamp condition. Please be advised that all our records and maps show that there was, and is, an existing stream through your property into which the developer has every right to discharge surface water. Further, the U.S. Geological Survey Map, the Dutchess County Soils Map, and the Town Map show the area where the stream crosses your property to be swamp. I certainly can sympathize with you for your inability to use this part of your property; however, it is my opinion that the Town has no responsibility in this matter. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Diehl addressed Mr. LaSota and told him that no rights had been violated by the Town in this situation, and therefore, according to both reports of the Town officials, the Town was not responsible for I t6 any problems he now has. Copies of these reports would be available for him if he so desired. Mr. LaSota disagreed and said there was no existing stream bed there; it was low land and damp land and this drainage was dumped on a flat piece of property. Before the subdivision existed, it was not swampy, the water would run off. He invited the Board to make an inspection of the area to better understand the present situation. Despite Mr. Diehl's contention that this was not the Town's responsibility, Mr. LaSota persisted in his allegations that the drainage from the %00 subdivision was diverted to his property and no provision was made for a property run-off. What recourse did he have --who would he go to next. Mr. Versace then asked him if there was a flow of water behind his property now, but Mr. LaSota replied no, it was just stagnant water. Mr. Versace then properly identified the location of the house, asking Mr. LaSota where the exact location was. It stood that the Town accepted no responsibility for Mr. LaSota's problem. A letter was received from Joel Neuman, Chairman of the Oak Park Neighborhood Association located in the Village of Wappingers Falls. The letter pertained to current excavation work being undertaken by the Dean Trucking Company; they were expanding their parking lot and, in doing soiwereremoving trees. The residents were concerned about a possible drainage problem since the construction work would probably change the contour of the land. They asked that the situation be investigated and corrective measures be taken, if necessary. Mr. Diehl had referred the matter to Mr. Gunderud who had made a site inspection but as yet, had not reported his findings to the Town Board. Mrs. Reilly had spoken to Mr. Neuman who had informed her that Mr. Gunderud had visited them and inspected the site, and the matter had been resolved. Mr. Diehl then asked that the Building Inspector/zoning Administrator be notified that the Town Board has requested a report be submitted on this matter at the next meeting. A request for the installation of a street light at the intersection of Hi View and Top O'Hill Road was received from Mr. Siegfried Schwandt, and was signed by several residents from this area. 1 177 It was then explained by Mr. Diehl that this was an intersection of two Town roads and therefore not qualified for a street light since the requirements read that street lights could be installed at the intersections of Town and County or Town and. State roads. Mr. Diehl then referred this matter to the Health and Safety Committee, (Frank Versace & Janet Reilly) to look into the possibility of these residents forming a Street Lighting District; they could confer with Central Hudson on the approximate cost of such a district and if it seemed feasible, they could then approach these residents with the proposal. He asked that notification of this action be sent to Mr. Schwandt. Two residents, Jon Gromyko and Guy Barton communicated with Mr. Diehl requesting permission to cut dead wood from behind their homes on town property (they lived on Vorndran Drive). Mr. Diehl explained that they were speaking of the area of the Hilltop Water Works at Deer Run Road which was Town property. However, Mr. Diehl went on, there could be problems allowing this kind of activity on town owned land in the event of an accident to the people involved. Mr. Gromyko, being recognized by the Chair, spoke to the Board, stating that he understood that this could set a precedent, however, he persisted that the trees were laying there and they would not abuse the property, rather they would leave it cleaned up; he went on to comment that this property was right behind them, however, this was not their sole source of wood, they intended to cut the dead wood only, then the Town could have their permission back. Mrs. Reilly felt they would be getting into legal complica- tions with their insurance carrier and voiced her opinion that the Board should not give their approval. Mr. Johnson, too, felt there would be problems and approval should not be given until they had some questions answered. When asked about a "HOld Harmless" release, Mr. Adams replied that while on its face, it may seem to relieve the Town from any liability, not so when it reaches a court decision, and he did not recommend relying on this document. Mr. Johnson recommended that this matter be referred to the Miscel- laneous Committee (F. Versace & B.Mills) to investigate and determine if this request to cut dead wood can be granted and done in a proper legal manner, and report back to the Town Board at the next meeting. Mr. Diehl had had a complaint from Mrs. Giuffre, 35 Pye Lane regarding excessive sand in her water lines and had written to Mr. Tremper of Camo Pollution Control to look into the possibility of installing filters on her system. They were having difficulties finding filters to fit due to an unusual connection, but they were exploring other avenues to obtain the proper fit. Mr. Tremper said he would also try flushing the lines to see if this would alleviate the problem. Mr. Diehl asked that Mrs. Giuffre be notified of this action. A verbal request was received from the Village of Wappingers Falls for the use of three voting machines for the Village Elections on March 18th, 1980. MRS. REILLY moved to grant permission to the Village of Wappingers Falls to use three voting machines belonging to the Town for their March 18th, 1980 Election. Seconded by Mrs. Mills Motion Unanimously Carried A request was received from Harold Mangold, Attorney, for the dedication of roads in the Moccasin Hill Subdivision. Mr. Horton, Town Highway Superintendent, recommended acceptance of these roads subject to the developer furnishing the town with one Park Hill Drive sign, one Larmel Court sign and cap, and one Shady Brook Lane sign. Mr. Johnson commented that it was the recommendation of our Attorney, that the Town receive title insurance policies along with the deed to the streets. MR. JOHNSON moved that the acceptance of streets in the Moccasin Hill Subdivision and the acceptance of East Salem Road be tabled pending receipt of title insurance policies along with the deeds, and Mr. Horton and Mr. Lapar be notified of the receipt of same. Seconded by Mr. Diehl Motion Unanimously Carried Three letters of comments were received on the Draft EIS on the Comprehensive Revision of the Town of Wappinger zoning Ordinance -- The Dutchess County Department of Planning, Edward S. Hawksley, 179 Chairman of the Conservation Advisory Council and John MacDonald, Jr. (These are on file in Town Clerk's Office with the DEIS). Mr. Versace requested the Town Clerk to read the letter from the Dutchess County Department of Planning. The following letter was received: January 31, 1980 Elaine H. Snowden fir+ Wappinger Town Clerk Mill Street Wappingers Falls, NY 12590 kre Re: DEIS - 1979 Comprehensive Revision of Zoning Ordinance Dear Ms. Snowden: We thank you for the opportunity to review the above -referenced document. The following comments are submitted for your consideration: Section I - Need and Purpose The Draft Environmental Impact Statement for the proposed Zoning Ordinance of the Town of Wappinger recognizes the important relation- ship between the Town Development Plan and the Town Zoning Ordinance. This section provides an information discussion on the goals and policies of the adopted Town Plan and the fact that the zoning should be implemented in accordance with the Town Plan. Section III - Environmental Impacts of the Proposed Action A major flaw in this section of the Draft EIS is the failure to address the adverse impacts of an excess of commercially zoned land and, more specifically, an excess of land zoned for strip pattern commercial uses. Some of the impacts of strip development are noted on page 19. The importance of the Town Development Plan as a framework for the zoning ordinance is also stressed. The Town Development Plan recommends limiting commercial areas to existing centers of commercial activity while allowing land for expansion of these areas. Despite the disparity between the recommendations of the Town Development Plan and the proposed zoning ordinance as regards commercial land, the Draft EIS does not provide an adequate discussion of the issue. The potential impact of a large excess of commercially zoned land on existing commercial centers or the community as a whole is not evaluated. It is recommended that the following amendments be considered for this section of the Draft EIS: Page 13. Paragraph 2 should take into consideration the fact that area 5B, along Route 9D, is already developed as an apartment complex; Page 18. Table I and the appropriate section of the text should consider the proposed extension of the Neighborhood Business Zone along Route 9D; Page 19. Paragraph I states that Area 4B is commercially developed, this should be amended as there is no commercial use at the site. j80 Section V - Alternatives This section does not adequately address the issue of commercial zoning. Alternatives to commercial zoning are addressed in the Town Development Plan but alternatives are absent from this section of the Draft EIS. Section VII - Growth -Inducing Agents The first sentence of this section mentions numerous areas which, if developed in accordance with the proposed zoning, would have a growth -inducing influence on the Town. However, land identified as Areas 2A, 4A, 5B, and 9 would not necessarily have a significant impact on the Town because they are already developed at varying residential densities. Section VIII - Proposed Action on Use and Conservation of Energy This section fails to take into consideration the mechanisms provided in the proposed zoning ordinance that encourage energy efficient residential development. Section 411.9 of the proposed zoning provides for Average Density Subdivisions and Conservation Subdivisions. These land development mechanisms provide an opportunity for cluster development and the use of energy-saving site planning techniques. Section 425 permits Planned Unit Development Districts through which developers can combine various land uses in a more efficient pattern of land development. Thank you for your consideration. If there are any questions, please contact our office. Sincerely, s/ Jeffrey L. Churchill Deputy Commissioner MR. DIEHL moved that these letters be received and placed on file for study by the Board to determine future action on the proposed zoning ordinance, and that copies be sent to the consultants who prepared the Draft EIS for their review. Seconded by Mr. Johnson Motion Unanimously Carried Before the vote was taken, Mr. Michael Hirkala, being recognized by the Chair, felt there should be more public input and the Board Should hold a special meeting on this Draft EIS and allow comments to come in other than in writing, and review the comments that have come in. There were facts that he disagreed with and he knew of people interested that were not aware of this Draft EIS, and would have comments of their own to make. He felt that this Draft EIS was a comparison of the old and the proposed zoning ordinance and in that case it should not be a comprehensive zoning plan, it should be a master plan. He continued along these lines until Mr. Diehl interrupted to comment that the Board had done everything legal in this matter, they have taken a direction and as he heard it, it was an improvement, not 100%, but a lot of 181 shortcomings have been corrected; it can be looked over from time to time and amended, but the direction is right. A request was received from the Recreation Commission for per- mission to attend the New York State Recreation and Park Society Conference at the Nevele Country Club, Ellenville, New York, from April 20th to April 23rd, 1980. At this time, Mr. Versace wished to comment that at the last kwe Recreation Commission meeting, there were three members present, which did not constitute a quorum, therefore no official action kbe could be taken at that meeting. He had no objection to any member of that Commission attending a conference, but he wanted to make a point that recommendations could not be made to the Town Board from that meeting, since there were not a required numbers of members present. It could be a recommendation from the Chairman, but not from the Commission, as a whole. MRS. REILLY moved that permission be granted to those members of the Recreation Commission who desired to attend the New York State Recreation and Park Society Conference at the Nevele Country Club, Ellenville, New York from April 20th to April 23rd, 1980, and their normal expenses would be a Town charge. Seconded by Mrs. Mills kr/ Motion Unanimously Carried Before the vote was taken, Mr. Incoronato, being recognized by the Chair, pursued the train of thought that had been initiated by Mr. Versace and questioned whether the minutes of the Recreation Com- mission reflected the fact that a quorum was not present and, therefore, recommendations and official actions would not be legal. Mr. Diehl requested that this matter be taken up later in the evening as James Pagones and Lois Gray, two Wappinger County Legislators had just arrived at the meeting and Mr. Diehl assumed that they had just left a County meeting and would like to speak to the residents. Mr. Diehl then introduced Lois Gray, a new Wappinger County Legislator, and invited her to address the public. Ms. Gray thanked everyone for their support and said she looked forward to serving them. She informed them that she and Jim Pagones, would alternate attending the Town Board meetings; tonight Mr. Pagones would talk to them on matters that had been discussed at the County meeting and next month she would talk on pertinent issues; then Peter White,, another Wappinger County Legislator would be present for discussion. Mr. Pagones then addressed the Board and the residents on a reso- lution he had sponsored requesting the Governor to reinstitute the formula of state aid for Dutchess Community College, since the College would lose quite a bit of money if the old formula basis was altered. He then dwelt on the pyrolysis system of discarding garbage which has now been determined to be impractical; he was hoping that the County would provide a more practical alternative. He asked that the Town Board discuss the subject of the County continuing in the garbage business and give a recommendation to their legislators. The reason he gave was due to the fact that the towns of Fishkill and East Fishkill had decided to embark on their own project and have rejected any County plan to assist them. Mr. Diehl remarked that these two towns were taking this action due to inaction at the county level. He believed that individual land- fill sites was the wrong way to go; it will lead to continual prob- lems and will prove to be more expensive. It is the County's responsibility, he said, it was given to them several years ago and accepted by them ---don't dump it back on the towns. Mr. Johnson cited at least two resolutions that expressed the opinion oftthis Town Board; if they needed another one, the Board would give them another one stating that this was the responsibility of the County, not the towns; they would not support any landfill in the Town of Wappinger. Mrs. Reilly also concurred with this opinion, saying they had repeatedly stated this fact in letters and resolu- tions to the County Executive. Mx. Pagones then thanked Mr. Diehl for the letter he had forwarded to Commissioner James Howes responding to the letter from Ir. Howes requesting the installation of safety lights by the Town of Wappinger on New Hackensack Road across from Linge Lumber Company. Mr. Diehl had recommended that the County of Dutchess install a safety light at county expense on county property at the proposed entrance to the new Airport Terminal Building on New Hackensack Road. Copies II 06, of Mr. Diehl's letter had been sent to the Wappinger County Legislators. MR. .DIEHL moved to inform the Dutches*s County Executive that the Town of Wappinger Town Board continues to expect the County of Dutchess to provide a suitable landfill site for garbage disposal for the entire core area of the County. Seconded by Councilwoman Mills Motion Unanimously Carried A letter was received from County Legislator Joseph Lombardi regarding a proposed resolution on the consolidation of election districts which would result in a substantial savings to the towns. A supply of voter registration forms could be kept on file at all Town Halls to accomodate residents wishing to register during the year. He asked for comments from the Town Board, whether they be pro or con, as soon as they possibly could send them to him. MR. JOHNSON moved that a letter be sent to Mr. Lombardi informing him that the Town Board of the Town of Wappinger agrees with this resolution on the consolidation of election districts for registration only, and copies of this action be sent to the four Wappinger County Legislators. Seconded by Mrs. Mills Motion Unanimously Carried Under Committee Reports, Councilwoman Mills, Chairman of the Drainage Committee, reported that she had done researching in the matter of the complaint received from Mr. Webb, 23 Pleasant Lane, in his letter of January 7, 1980. She recommended that a letter be sent to the proper authorities in Albany requesting that the culvert on Route 9D be enlarged; when the state starts that project, then the town should clean up -stream to the Lloyd property on Route 9 and work on the culvert at Old Route 9 and Route 9 at Lloyds. Mrs. Mills had reviewed the drainage study done by the Town in 1975 and noted that that study showed the culvert at 9D to be too small to handle what was going into it at that time. The stream in the back of Mr. Webb's property was shown on the 1956 U. S. Geological Survey Map; it was also shown on a 1963 aerial photo which was taken for the Town of Wappinger tax maps, as well as the Federal Government Flood Maps received by the Town in 1979. The stream in question was not a secret, she continued, as there is a Town easement through Mr. Webb's property to the existing stream. The previous owner sold the right of way to the Town when the Pleasant Lane storm sewers were installed in 1974. Monies received from Waldbaums for downstream drainage should be used for this project, but Mrs. Mills did not recommend cleaning downstream until the culvert on 9D was enlarged, since it would be a waste of money because eventually the water would back up and destroy the job that had been done. She believed that any flooding of Mr. Webb's property caused by the construction of Waldbaums, was at this time, an assumption on his part. It has not happened up to now, and the Town could not prevent anyone from developing their land and using existing streams for water run off. If an emergency arose, the Town would certainly be on hand to relieve the situation, as they have done in the past. Mrs. Mills requested that copies of the letter to the State be sent to Senator Rolison, Assemblyman Warren and Mr. Webb. Mr. Johnson felt that Mrs. Mills had said it all; he agreed that the culvert was a bottleneck in that area (9D), and concurred with Mrs. Mill's recommendation of a letter to the State since road work was planned within the year in that area and it would be an opportune time to start a project on the culvert. Mr. Horton should be requested to check the stream for obstructions that might be 'preventing the water from running off. MRS. MILLS moved that Mr. Horton be instructed to inspect the stream for blockages and determine what eorrective action could be taken, and also that a letter be sent to New York State Depart- ment of Transportation requesting that the culvert at Route 9D be reppiied and upgraded to provide a proper rnn off. Seconded by Mr. Johnson Motion Unanimously Carried 185 More discussion ensued on this problem ---Mr. Stinson commented that the said stream did not exist; Mrs. Webb wanted to know why they were letting development continue when they knew the culvert was inadequate to handle more run off; Mrs. Edna Winters questioned the fact that the Planning Board gave final approval when they should have made it conditional upon the state correcting the problem; the fact was known, she continued, since the 1975 drainage report stated that the culvert was inadequate. Mr. Hirkala questioned the Board on the drainage study done in 1975 - was it completed; was the Hunter Creek section done? He felt the primary purpose of such a study was to anticipate problems before they arose; the Town should come up with a comprehensive plan for a long term solution of the Town wide drainage problems. Mr. Diehl suggested that they wait for results from the action taken tonight; they were trying to take corrective measures, they were trying to help these residents; they would have more informa- tion by the next meeting. Mr. Johnson reported on a meeting on Tri -Municipal the previous Thursday; correspondence had been received from Congressman Fish and the Regional Director of Region 2 of the EPA, in response to a letter from Leif Jensen, Chairman of the Commission, labeling the delays that had been occurring in the project. Mr. Fish? acknowledged the delays but reiterated that the members of the EPA had been meeting with the Commission on attempting to hurry things along. A Public a monthly basis Information Meeting was set for February 8th, 1980 at Roy C. Ketcham High School at 7 PM. He epected members of the EPA and DEC to be present, also our environmental consultants to show the direction of the Tri - Municipal project and receive public input. A letter was received from Rosen Crane and Wolfson, Attorneiys handling tax reviews of the Town, regarding a proposed Consent Order settling the Wappingers Falls Associates vs. Thomas Logan, et al Tax Certiorari. Mr. Logan had forwarded a recom- mendation to the Board that they settle this review. 186 The following resolution was offered by COUNCILMAN JOHNSON, who moved its adoption, seconded by Councilwoman Reilly, to wit: BE IT RESOLVED, that Rosen Crane and Wolfson is hereby directed to execute a Consent Judgment settling the Wappinger Falls Associates against the Town of Wappinger tax certiorari, a copy of which is attached hereto and made part hereof, and that Rosen Crane and Wolfson is authorized and directed to settle the above captioned proceeding pursuant to the terms of said judgment. The foregoing resolution was duly put to a vote, which resulted as follows: Supervisor Diehl_ Aye Councilman Johnson Aye Councilwoman Mills Aye Councilwoman Reilly Aye Councilman Versace Aye Resolution Duly Adopted The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, the Town of Wappinger, by the engineer for the Central Wappinger Water Improvement Area has made application to the Department of Environmental Conservation on behalf of the Central Wappinger Water Improvement Area, said application being known to that agency as Water Supply Application No. 7005, and being more particularly described in a notice of public hearing dated January 23rd, 1980 under the signature of Edwin L. Vopelak, Chief Administrative Law Judge, and WHEREAS, by letter dated January 11, 1980, Fred J. Lafko on behalf of the Atlas Water Company has raised a question as to whether or not the Town Board has taken the necessary action to approve the submission of the applications submitted by the engineer for the improvement district and WHEREAS, the Town Board of the Town of Wappinger has previously approved and authorized the engineer for the improve- ment district to take all steps necessary with respect to the obtaining of the necessary permits to undertake the project described aforesaid in the public hearing notice, and WHEREAS, the Town Board of the Town of Wappinger without conceding that its prior approval has not been previously granted, wishes to state as a matter of record that it fully approves of the applications submitted by the engineer for the improvement district and wishes to ratify such acts as being consistent with the authorization previously given to him by the Town Board to undertake those steps necessary to fulfill the applica- tion, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby ratifies and approves of all applications previously made by the engineer for the improvement district on behalf of the Town of Wappinger with respect to the Central Wappinger Water Improvement Area, said applications being for a project more fully described in a public hearing notice dated January 23rd, 1980 and the letter of Fred J. Lafko dated January 11, 1980, as above more particularly described, and C L 187 BE IT FURTHER RESOLVED that the said acts of the engineer for the Central Wappinger Improvement Area in submission of the applications for the above project are hereby ratified and approved and are to be construed as having the same force and effect as if each of said applications had been individually approved by resolu- tion of the Town Board of the. Town of Wappinger prior to the time of their submission to the Department of Environmental Conservation. Seconded by: Councilwoman Reilly Roll Call Vote: Councilman Johnson Aye Councilwoman Mills Aye Councilwoman Reilly Aye Councilman Versace Nav Supervisor Diehl Aye Resolution Duly Adopted Before the vote was taken, Mr. Versace questioned the application No. 7005, as stated in that resolution --what improvement area was that; why was it being ratified; was there Town Board approval; was there a resolution from the Town Board? He further questioned if this was the Improvement Area l& that was tabled by the Board; was this the same one that included the wells and the control building; to his knowledge the Town Board had not given approval to this particular improvement area. Mr. Versace asked what the approximate cost of the project would be; Mr. Lapar answered it was about $167,000.00; he then asked if this expenditure was approved. When this question was answered in the negative, Mr. Versace asked why they were sending a ratification to the State without having funds approved. After discussion ensued on this matter, Mr. Johnson interjected his opinion and went back over the actions of the Board. The Town Board, in 1979, gave direction to the Engineer to the Town, to proceed with an application and draft plans to implement the installation of wells which were drilled with EDA funds; a public hearing was then held on the map, plan and report and an application k„r was filed with the state agency (DEC), however, there was an objection from Mr. Lafko who has a commercial interest in this project. This ratification of intent has been done upon legal advice to aid us to get the authority to implement the project. L In response to Mr. Versace's request from the last meeting regarding the actual work done on Central Wappinger Water Contract *9, a report was received from Mr. Lapar itemizing the work performed by Dave Alexander, Inc. He had requested release of the 5% retainage fee on this contract. COUNCILWOMAN REILLY moved to release the 9% retainage fee to Dave Alexander, Inc. on Central Wappinger Water Contract #9, as per the recommendation of the Engineer. Seconded by Mr. Johnson Motion Unanimously Carried A recommendation to release the retainage fee to Hall & Company for Wappinger Sewer Improvement Contract 1B was received from Mr. Lapar's office and also from the Attorney's office since there had been litigation on this project, which was reportedly settled. MR. JOHNSON moved to release the retainage fee to Hall & Company for Wappinger Sewer Improvement Contract 1B, as per recommendations from the Engineer and the Attorney. Seconded by Mrs. Mills Motion Unanimously Carried The appointment for the vacancy that still existed on the Planning Board was tabled until the next meeting. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that Howard Prager, Jr. be ad 2- is hereby appointed to fill the vacancy on the aoln ing Board5let g Town of Wappinger which has occurred by reason of the expiration of his term, and it is further RESOLVED, that the said Howard Prager, Jr. is hereby appointed to the said Zoning BoarcricArr`asterm which shall expire February lst, 1985. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays Two proposals were received for a contract for Dog Shelter facilities for the Town of Wappinger--one from Dr. Daniel Hannigan in the amount of $10,000.00, and one from Dr. G. Harvey Barrett in the amount of $4,000.00 for the same services. MR. JOHNSON moved that the Supervisor be authorized to sign a contract with Dr. G. Harvey Barrett for Dog Shelter Services in the amount of $4,000.00 for the year of 1980, as required by the Agricul- ture and Markets Law of the State of New York. Seconded by Mrs. Mills Motion Unanimously Carried 1 COUNCILMAN JOHNSON moved to appoint William Nepfel as Dog Control Officer and that he be paid $4.00 an hour when rendering administra- tive duties at a maximum of 15 hours per week, and $4.00 plus mileage per call, when responding to dog complaints. Seconded by Mrs. Mills Motion Unanimously Carried SUPERVISOR DIEHL moved the appointment of George Wells and James Vicalvi as Assistant Dog Control Officers and they will be paid at the rate of $4.00 per call plus mileage. Seconded by Mrs. Mills Motion Unanimously Carried At the last Town Board meeting, two residents had expressed an interest in cablevision activities in the Town and were invited to become members of the CATV Committee. MR. JOHNSON moved to appoint William Hald and Robert Smith as members of the CATV Committee of the Town of Wappinger. Seconded by Mr. Versace Motion Unanimously Carried Baseball Equipment Items had been put out to bid by the Recreation Commission and opened by the Town Clerk on February 7, 1980. Six bids had been sent to area sporting good companies; two were received as follows: Schuman Army & Navy Sporting Goods in the amount of $4,500.00 and Letterii Sporting Goods in the amount of $3,963.00. The Recreation Commission Chairman recommended awarding the bid to the low bidder, Letterii Sporting Goods in the amount of $3,963.00. Mr. Versace interjected his feelings on this matter --he had no objection to awarding this bid to the company recommended, his kire objection was to the set-up of the Commission. It is supposedly a seven member board, but there are only three members active; it would behoove the Commission to strive to have a majority present at meetings, or else solicit new members for the Commission. He recommended that a letter be sent to the Chairman of the Recreation Commission requesting that they take action on this matter. MR. JOHNSON moved that the bid for Baseball Equipment be awarded to Letterii Sporting Goods as low bidder, in the amount of $3,963.00. Seconded by Mrs. Reilly Motion Unanimously Carried loo The Highway Superintendent had advertized for bids for various highway materials and No. 2 fuel oil. Bids were received and opened on February 4, 1980. The following Bid Analysis and recommendations of the Highway Superintendent werereceived: (Bid Analysis Sheets follow) MRS. MILLS moved to award the bid for Fuel Oil to Lopez Oil Company at .8420 per gallon, as recommended by Highway Superintendent.m, Seconded by Mrs. Reilly Motion Unanimously Carried MR. JOHNSON moved to award the bid for gasoline to Agway Petroleum at .9050 per gallon, regular, as recommended by Superintendent. Seconded by Mr. Diehl Motion Unanimously Carried MRS. MILLS moved to award the bid for Bituminous Concrete jointly to Dutchess Quarry and Spoor-Lasher, as recommended by Superintendent. Seconded by Mrs. Reilly Motion Unanimously Carried MR.JOHEON moved to award the bid for Salt to Cargill Salt as recommended by Highway Superintendent. Seconded by Mr. Diehl Motion Unanimously Carried MRS. REILLY moved to award the bid for tires and tubes to B. F. Goodrich Tire Company, as recommended by Highway Superintendent. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Johnson mentioned at this time, for the record, that his son worked for B. F. Goodrich Tire Company, but had nothing to do with the bidding process. MRS. MILLS moved to award the bid for Asbestos Cement Pipe to Johns -Manville, and the bid for Concrete Pipe be awarded to Dtltchess Quarry and Supply, as recommended by the Highway Superin- tendent. Seconded by Mrs. Reilly Motion Unanimously Carried 191 MR. JOHNSON moved to award the bid for washed sand jointly to Clove Excavators and Noto Excavating, as recommended by the Highway Superintendent. Seconded by Mrs. Reilly Motion Unanimously Carried MR. JOHNSON moved that the bid for crushed stone be awarded to Clove Excavators, as recommended by the Highway Superintendent. Seconded by Mrs. Mills Motion Unanimously Carried MR. JOHNSON moved that the bid for Run of Bank Gravel be awarded to Clove Excavators, as recommended by the Highway Superintendent. Seconded by Mrs. Mills Motion Unanimously Carried MRS. MILLS moved that the bid for washed gravel be jointly awarded to Clove Excavators and Noto Excavating, as recommended by the Highway Superintendent. Seconded by Mrs. Reilly Motion Unanimously Carried The following letter was received from the Highway Superintendent: February 7, 1980 Town Board - Town of Wappinger Mill Street Wappingers Falls, N.Y. RE: Permission to bid Sweeper Ladies and Gentlemen: As you may recall at the time the 1980 budget was under discussion, it was decided to delete monies from the highway budget under purchase and repair of machinery that had been included for the purchase of a new sweeper, or the repair of the old one. It was felt, at that time, that the town would purchase a new sweeper this year and seek bonding to cover the purchase price. I, therefore, request permission to let out bids for a new sweeper. Very truly yours, s/ William P. Horton MR. JOHNSON moved to grant permission to Mr. Horton to go to bid for the purchase of a Sweeper. Seconded by Mrs. Mills Motion Unanimously Carried • A letter was received from the Recreation Commission requesting permission to go to bid on the purchase of a front end Tractor Loader. Mr. Johnson explained that there was money in the Recreation budget itemized under "Tractor Rental" which could be used toward this expenditure plus monies that were available in the general fund. The purchase was justified, he felt, since in three years time, using the tractor rental line item in the recreation budget, it would pay for itself. MR. JOHNSON moved to authorize the Chairman of the Recreation Commission to go to bid on the purchase of a Front End Tractor Loader. Seconded by Mrs. Reilly Motion Unanimously Carried Under Unfinished Business, the following letter was received from Jack Hill, Public Health Administrator, Dutchess County Department of Health: February 11, 1980 Mr. Louis D. Diehl, Supervisor Town of Wappinger Town Offices Mill Street Wappingers Falls, NY 12590 Re: Airport Balefill Town of Wappinger Dear Mr. Diehl: Reference is made to my letter of January 17, 1980, which responded to your various concerns relative to the environmental integrity of the Airport Balefill facility in the town of Wappinger. This Department has been advised, via February 7, 1980, memo from James Spratt, Commissioner of Public Works, that the remedial work to fill existing erosion channels has been completed. As stated, these newly filled areas will be further refurbished and seeded in the Spring. Should you have any questions, please call at 485-9820. Very truly yours, s/ Jack R. Hill In Mr. Hill's letter of January 17, 1980, he had stated that water sample analyses and their interpretation will be available as soon as the laboratory reports are received. MRS. MILLS moved that a letter be directed to Mr. Hill asking that copies of the water sample analyses be sent to the Town Board as soon as they are received by his department. (7, FUEL OIL TOWN OF WAPPINGER 1980 BID REPORT AGWAY LOPEZ BOTTINI MULTI -POWER Per gallon .8420 .8465 Service parts+labor.. 55.00 .8490 .8750 54.50 55.00 r Although Agway is the low bidder the Town Hall experienced several run -outs and service call delays during the past year. On that basis the Superintendent recommends the bid for Fuel Oil be awarded kw to Lopez Oil Company. GASOLINE AGWAY PETROLEUM Per gallons, regular .9050 The Superintendent recommends the bid for Gasoline be awarded to Agway Petroleum Corporation. BITUMINOUS CONCRETE lA Top, per ton lAC Top IA Binder 2A Binder lA Base Cold Mix DUT.QUARRY SPOOR-LASHER AMENIA S&G PKG. PVMT. $19.00 $19.10 $19.50 $20.00 19.75 19.60 19.50 20.00 19.00 19.10 19.50 20.00 19.00 19.10 19.50 20.00 19.00 19.10 19.50 20.00 19.50 19.60 22.50 21.00 The Superintendent recommends the bid for Bituminous Concrete be jointly awarded to Dutchess Quarry and Spoor-Lasher. SALT CARGILL SALT INTERNATIONAL Per ton, FOB $17.00 Per ton, Delivered 32.67 No Bid $34.00 The Superintendent recommends the bid for Salt be awarded to Cargill_ Salt Company. TIRES AND TUBES (see attached analysis) The Superintendent recommends the bid for Tires and Tubes be awarded the to the B.F. Goodrich Tire Company. CULVERT PIPE (see attached analysis) thole The Superintendent recommends the bid for Asbestos Cement Pipe be awarded. to Johns -Manville; the bid for Concrete Pipe be awarded to Dutchess Quarry and Supply. 2- WASHED SAND (see attached analysis) 101uperintendent recommends the bid for Washed Sand be jointly awarded to Clove Excavators and Noto Excavating. CRUSHED STONE (see attached analysis) The Superintendent recommends the bid for Crushed Stone be awarded to Clove Excavators. RUN OF BANK GRAVEL (see attached analysis) The Superintendent recommends the bid for Run of Bank Gravel be awarded to Clove Excavators. WASHED GRAVEL (see attached analysis) d The Superintendent recommends the bid for Washed Gravel be joint.?.y awarded to Clove Excavators and Noto Excavating. ASBESTOS COATED 12" 14" 15" 16" 18" 11 27" 30" 33" 36" 39" 42" rs III ti 10 c H Pi C4 CH ►;O a ›'n tizz H t w :L4 tr'czi) K0) 00 t=i I to 4.58 6.05 6.56 7.70 9.77 11.83 12.73 17.1101 21.26 25.80 31.12 36.48 NO BID NO BID Couplings Included with pipe 1 ! CONCRETE 12" 15" 4,11 24" 30" 36" 43" 60" 3.8 5.72 4.8 7.02 6.7 9.11 9.24 11.02 11.04 14.45 15.60 18.63 2.1.50 26.93 38. 50 43.52 59.40 68.03 CULVERT PIPE PER FOOT 1980 BID,REPORT j TRUC TIRES (NYLON) L78 X 15-4 ply:tubelea____ L78 X 15-4 plytubeless traction . _ 650 X 16-6 ply:tube-type j659 X 16-6 ply_tube7type_traction„.. I • 700 X 16-6 ply:tube-typetractior1__ 750 X 16-6 ply;tube-type. 750 X 16-8 plytube-type traction "5.0 X 20-8 ply:tube-type 825 X 20-10 ply _tube -type 825 X 20-10 ply tube -type traction 825 X 20-12 ply tube -type 825 X 20-12 ply tube -type traction 900 X 20-10 ply tube -type _p90 X 20710.ply tube -type traction .900 X 20-12 ply t;be-type 900 X 20-12 ply tube -type traction lopo X 20-12. ply truck. type . 1000 X 20-14 ply truck type..... _ -' 1000.X .20-12- ply truck type traction - 1000 X 20-14 ply truck typetraction TIRES AND TUBES B.F.Ccodricl 33.22 39.52 37.78 40.87 47.90 46.03 60.23 67.94 95.07 107.74 109.81 NA 113.10 124.02 129.58 155.64 150.95 169.11 171.32 185.46 1100 X 20-12 ply truck type . 171.79 1100 X 20-12 ply truck type traction 188.34 TRUCK TUBES 650 X 16 Truck.and Bus Tubes 6.08 700 X 16 Truck and Bus Tubes 6.08 - - • - 750 X 16 Truck=and Bus Tubes 7.60 825 X 20 Truck and Bus Tubes 10.72 900 X fi Truck and Bus Tubes 11.68 1000 X 20 TrUck.and Bus Tubes 14.16 1100 X 20 Truck and Bus Tubes 16.24 TRAC:OR TIRES 11L X 16-14 ply 14.9 X 24-6 ply rear 16.9 X 24-8 ply TPAC=0:1. TU3ES 1.4-9 X 24 Farm Service Tubes • 6ply 47.21 137.49 229.33 21.28 1V5 ROAD TIRES 17.5 25-12 pl tiNylon Tubeless 20.5 X 25-12 ply Nylon Tubeless Loader • • 1100 X 24-12 ply Nylon Grader Tube -type VOC X 24-12 ply Nylon Grader Tubeless *.400 X 24 Tractor Grader Tube ROA SERVICE 468.12 900.95 311.02 320.20 28.08 $15 per hour, $10 for truck flats + ,30 per mile in excess of 10 total mi. -i. 0 ... 00 . Z • -< -‹ .-C -2, 0.. 0 2.. L,▪ f, I--, 1 ........ 3,1 0 C) -3 IH 00 0 F 2 2 0. :3o• "4 .4. 24 g40 P.. , P.. p 71 ) 02 P.. i CS -, - .1"-: I-, tx) (00 00 z .721 2to ' 0 • 1-' tI-, I • •• -3 H 0 0 •fa 0 /-' 0 411 00 c 0. 0 0 1 0 I 111.00000.• I-3 ki • t../ Seconded by Mrs. Reilly 197 Motion Unanimously Carried Under Unfinished Business, Mrs. Mills went back to a subject from last year --that of a complaint from Roberta Fitzgibbons who was being assessed for one unit in the Central Wappinger Water Improvement and should have been assessed for 1/3 of a unit. Proper changes had now been made in the Assessor's Office and Mrs. Fitzgibbons had overpaid the amount of $270.00. MRS. MILLS moved that Mrs. Fitzgibbons be reimbursed for the amount of $270.00 that was over paid for the benefit assessment on the Central Wappinger Water Improvement. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Adams had received an agreement from the Developer of the Spring Hill Subdivision consenting to the conditions prescribed by the Attorney. He felt that the Board had not had enough time to review this and asked that a special meeting be set so they could act on it. MR. DIEHL moved to set a Special Meeting for February 13, 1980 at 8:15 P.M. to act on a resolution prepared by the Attorney regarding Spring Hill Subdivision and any other business that may come before the Board. Seconded by Mr. Johnson Motion Unanimously Carried MRS. MILLS moved to adjourn the meeting, seconded by Mrs. Reilly and unanimously carried. The meeting adjourned at 11:03 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 2/11/80