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1979-04-09 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 9, 1979 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS Town Justices Building & Zoning Adm. Receiver of Taxes Highway Supt. Hydrant Report 5. RESOLUTIONS a. DWS (Cranberry Hills) drainage fees & holding ponds b. D.C. Office for the Aging - Agreement for Sr. Citizen Trans. & authorize Supervisor to sign. c. Bids for Sewer & Catch Basin Cleaner d. Bond Resolution for purchase of Sewer & Catch Basin Cleaner e. Request from Ryan for Transfer - Zng. Ord. Consultants f. R. R. Lapar recommendation re: Manhole Raising Contract, release of 5% year retainage g. Shapiro Salvage Yard Lic. & resolution of Mid -Hudson Litigation h. White Gate Apts. - No Parking Local Law i. Vacancy on Conservation Advisory Council j. No Parking or Standing - Marlorville Rd. Local Law k. R. Petro Term expires on Recreation comm. 5-1-79 1. Request of Supervisor;for attendance at Seminar for Grants by T. Logan 4-16-79 m. Chas J. Biuso vs; Jos. Landolfi, et al 6. PETITIONS & COMMUNICATIONS a. Mr. & Mrs. J. E. MacDonald re: use of down stream drainage funds to clear brook b. Mr. J.W. Nolan re: New Hackensack Rd. c. Steven Iovino re: Thorn Acres Drainage Problems d. Notice of Public Hearing from Town of Poughkeepsie e. S. Wallace request re: reimbursement for Roto -Rooter f. Mrs. Chas. Miller request for Stop Sign on Smith Crossing Rd. at tunnel g. Mr. & Mrs. Marmillo request for refund on T/Water hookup permit h. David Pesner, Attny representing Adams & Puretz demanding re- payment. :of Sewer Taxes 1976-1979, and remedy of situation to allow proper use of Sewer System. i. Parking problem in Hughsonville along Rte 9D j. Notice for improvements to Traffic Signals (T/W) from D. C. Dept. of Public Works. k. Communications from T/W Planning Board: 1. Realignment of Widmer Rd. 2. Town Recreation Sites 3. Recreational Use Zone 4. E.A.F. Parts I & II on RUD thank -you for, referral 1. Wm. P. Horton Report on Guillet Property m. E. Hawksley re: assistance w/guidelines for the implementation for S.E.Q.R.A. n. R. E. Lapar Reports: 1. Infiltration -inflow Oakwood Sewer System 2. Reduction of Pressure Orchard Homes sect. CWN o. Rezoning Petition - Ilardi - for Arthur Totten Property, Rte. 9 p. Barry Kaufman re: request for increase in allowance for reading meters 7. COMMITTEE REPORTS A. Petition from employees re; Change Of working hours Agenda - April 9, 1979 Con't 7. B. Exchange of Holidays 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT .1 0 4 The Regular Meeting of the Town Board of the Town of Wappinger was held on April 9th, 1979, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:07 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town William Horton, Highway Superintendent The Minutes of the Regular Meeting of March 12, 1979 and the Special Meeting of March 14, 1979, having previously been sent to the Town Board were now placed before them for their consideration. Mr. Jensen asked that a correction be made in the March 14 minutes on page 3, on the rate set for Watch Hill Water which should read $1.00 for each 100 cubic feet, (minutes read $100.) MRS. MILLS moved that the minutes of the Regular Meeting of March 12, 1979 and the Special Meeting of March 14, 1979, be and they are hereby approved as submitted by the Town Clerk and the rate figure be corrected on the minutes of March 14, 1979, as requested by Mr. Jensen. Seconded by Mr. Jensen Motion Unanimously Carried Reports for the month of March were received from Town Justices, Building Inspector and Zoning Administrator, Receiver of Taxes and the Hydrant Report from the Highway Superintendent. MR. JOHNSON moved that the reports from the Building Inspector, Zoning Administrator, Receiver of Taxes and Hydrant Report from the Highway Superintendent ferthe month of March be accepted and placed on file. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Diehl recognized Mr. Pagones at this point, Wappinger County Legislator and asked him to give a report of the meeting he had attended that afternoon. A bond resolution for the Dutchess County Fail was put before the Legislators as well as a contract for the County Executive to sign. The contract consisted of about 17 pages and more amendments were to be added to this, so they would not be acting on either of these matters until the contract is finalized. Another resolution dealing with take over of maintenance of bridges in the County was sent back to committee. A resolution for a study on a single County wide Tax Assessors' Office, was passed by the Legislature, although Mr. Pagones voted negative. Mr. Incoronato asked him about a County zoo, but this matter had been put aside for the time being. Mr. Jensen asked about the project on New Hackensack Road which dealt with removal of trees on this road by the Dutchess County Department of Public Works. This subject was also on the Agenda tonight at the request of concerned citizens living there. The reason this department gave for the removal of the trees was for the safety of those driving the road ---Mr. Jensen felt that a reduced speed limit, which the Town Board had requested for a number of years, would be a more sensible method of providing safety. Mr. Pagones felt a meeting would be in order with Mr. Spratt, the Town Board and the Wappinger County Legislators and thoroughly discuss the matter ---letters are not always a solution, you cannot always express yourself in a letter. It was agreed that a meeting would be set up as recommended by Mr. Pagones. The following Resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, D.W.S. Holding Corporation is engaged in the development of a subdivision within the Town of Wappinger known as the Cranberry Hills Development, and WHEREAS, said developer has requested from the Town Board clarification of its responsibilities under the town -wide downstream drainage fees, and WHEREAS, the Town Board has met with said developer for the purpose of clarifying said requirements and for the purpose of reviewing matters incidental to the same and to the development of said Cranberry Hills and WHEREAS, an agreement has been reached as to the imposition of drainage fees, inspection fees, collection of the same, and development of internal drainage within said development, NOW, BE IT RESOLVED," that the Planning Board of the Town of Wappinger shall incorporate the following conditions as part of those conditions which must be fulfilled by the developer, said ) 4 4� conditions to be included with such additional conditions as imposed by the Planning Board and incorporated within the text of the final plat should approval of said plat be granted by the Planning Board: 1. The developer will pay a drainage fee of $100.00 per lot. 2. The drainage fees will be paid by lump -sum payments of 50 percent of the fee due for the aggregate of all lots within each phase of the planned eight phases of development and a $50.00 fee for each building permit issued. The developer will provide a map indicating the proposed eight phases of development to the town, and the same will be utilized by the building inspector in administering this provision. No building permits will be issued in any phase of the development until the initial lump -sum payment has been made for that phase. 3. The developer will have sole responsibility for main- taining each pond during the first five years following construction of each pond. 4. When the developer's responsibility for maintenance of the holding ponds ceases or otherwise fails, the homeowner's associa- tion will assume such obligation. The town will not have the responsibility for maintenance of the holding ponds.. 5. The town engineer will establish maintenance requirements for the holding ponds which will be binding upon both the developer and the homeowner's association. The town will retain authority to revise the maintenance schedules as necessary. Such initial maintenance requirements are appended hereto as Schedule "A". 6. The homeowner's association will have the authority to assess owners for their proportionate share of the maintenance and other costs. In the event the homeowner's association fails to maintain the ponds in a proper manner, and upon due notice, the town may assume such responsibility and bill the costs to the homeowner's association. Upon non-payment of that bill, the sum so billed will be levied among members in the form of taxes. 7. The developer will provide the town engineer with a construction schedule. 8. The town engineer will develop a schedule of payment of inspection fees, the same to be corrolated to the actual require- ments of inspection. BE IT FURTHER RESOLVED that the foregoing conditions shall be binding upon the successors and assigns of the aforesaid developer. SCHEDULE A MINIMUM REQUIREMENTS FOR THE MAINTENANCE OF HOLDING PONDS AT CRANBERRY HILLS (DWS) SUBDIVISION The following elements must be followed: 1. Mowing: Once or twice a year to eliminate fire hazards and to prevent an attractive nuisance. 2. Clearance of Discharge Structure: The Developer or Homeowner's Association must be responsible for the clearance of the outlet (discharge) structure at all times. It should be noted that the most critical time is usually the first flush during a storm when debris could easily clog the outlet structure. 1045 3. Removal of Accumulated Sediment: Accumulated sediment should be removed yearly or whenever a large amount of sediment diminishes the capacity of the holding pond. It should be understood that these storage ponds have the expressed purpose of holding flood waters and discharging them at such a rate so as not to tax downstream facilities. Therefore, sediment should not impair this function. f. It is also understood, that the required repair to the outlet structure and the holding pond itself, will be the responsibility of the Developer and the Homeowner's Association. Seconded by Councilwoman Reilly Roll Call Vote: Councilman Jensen Aye Councilman Johnson Aye Councilwoman Reilly Aye Councilwoman Mills Nay Supervisor Diehl Aye Resolution Duly Adopted The following Resolution was c fered by COUNCIL UENSEN.who moved its adoption: WHEREAS, by Resolution No. 309 of 1976, the Dutchess County Legislature has authorized the establishment of a Transportation System for Senior Citizens to serve the six (6) municipalities of Hyde Park, Fishkill, East Fishkill, Wappinger, Poughkeepsie and the City of Poughkeepsie, and WHEREAS, the Town has agreed in a resolution which has passed by the Town Board on April 9, 1979, to participate in the support to the program not to exceed $7,900.00 and WHEREAS, the County of Dutchess has entered into an agreement with the Alamo Wheel Chair Transportation Service, Incorporated to provide a Transportation System for Senior Citizens according to specifications contained in said Agreement which is annexed hereto and marked Exhibit "B" for the sum of $129,321.00 excluding the cost of gasoline, NOW, THEREFORE, it is mutually agreed by and between the parties as follows: 1. The County will administer the Transportation System for Senior Citizens and enforce the specifications for service to the Town as contained in the Agreement between the County and the Alamo Wheel Chair Transportation Services, Inc., which is attached hereto and marked Exhibit "B". 2. The County will, pursuant to County Resolution No. 309 of 1976, appoint a representative of the Town as a member of the Interim Transportation Advisory Board which will review the operation of the system to ensure its responsiveness to the needs of the senior citizens of the town being serviced. ro4 6 3. The Town will pay to the County, pursuant to signed vouchers submitted to the Town $1,695.00 at time of execution of Agreement and $565.00 per month thereafter plus a mileage charge for the cost of gasoline used by vehicles servicing the Town for each thirty (30) day period. A schedule of collections is attached hereto and marked Exhibit "A". Payments by the Town will not exceed $7,900.00 during the period of this Agreement. 4. This Agreement will be effective as of January 1, 1979, for a period of twelve (12) months. Seconded by Councilwoman Mills khe Roll Call Vote: 5 Ayes 0 Nays MR. JENSEN moved that the Supervisor be authorized to sign said contract. Seconded by Mrs. Mills Motion Unanimously Carried The following letter was received from Mr. Horton: March 28, 1979 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Bids -Sewer and Catch Basin.Cleaner Dear Board Members: Bids were opened March 21st for a combination Sewer and Catch Basin cleaner. The results of the bids are as follows: Clark Municipal Equipment Timberland Machines, Inc. Bahr Sales & Service $49,447.00 69,996.00 76,748.00 Clark Municipal Equipment and Timberland Machines, Inc. demonstrated their machines,here in the town under similar conditions. While Clark's machine appeared fully capable of handling the sanitary sewer cleaning problems, it did not have sufficient lift to clean catch basins. I would, therefore, recommend the town accept the bid of Timberland Machines, Inc. for the Vactor Jet Rodder Model 810 at the bid price of $69,996.00. I would further ask that the board make this award as soon as possible as a machine is presently available for immediate delivery. Very truly yours, s/ William P. Horton MR. JOHNSON moved to award the bid to Timberland Machines Inc. in the amount of $69,996.00 for a combination Sewer and Catch Basin Cleaner, as recommended by Mr. Horton. Seconded by Mrs. Mills 1 0 4 7 Before the vote was taken, Mr. Incoronato, being recognized by the Chair asked how this was funded, what budget did it come out of. Mr. Jensen replied that it would be bonded and he would like the fact added to the motion that this combination sewer and catch basin cleaner was not only meant for storm sewers but also for sanitary sewers. Mr. Adams asked that this matter be tabled until the next meeting as he wanted to review the bid forms since the Board was not accepting the lowest bid. Mr. Johnson then asked if he could review it this evening since it might present a problem to the Highway Superintendent if it was not acted on tonight. It was decided that the Board would temporarily table this action until later in the meeting. Mr. Johnson then withdrew his motion and Mrs. Mills withdrew her second to the motion. A request for a transfer was received from Mr. Ryan in order to pay a voucher from Frederick P. Clark Associates that had not been provided for in the 1979 Budget. The transfer was for $300.00 from B1990.4 Contingency to B8020.4 Planning. This voucher was for the consulting fee for the proposed zoning ordinance . MR. JOHNSON moved to approve the transfer as requested by Mr. Ryan in the amount of $300.00 from B1990.4 Contingency to B8020.4 Planning. Seconded by Mrs. Reilly Motion Unanimously Carried The following letter was received: March 30, 1979 Town Board Town of Wappinger Mill Street Wappingers Falls, NY Re: Manhole Raising Contract Release of 5% Retainage Dear Board Members: Enclosed please find a voucher from B&D Excavating for the amount of $973.75. This office recommends that these monies be released since the one year period of retention has been completed. This office has checked with the Town Highway Superintendent to see if there were any problems created by this contract to Town roads. Mr. Horton informed us that there were no problems. Thank you, Very truly yours, s/ Rudolph Lapar 1048 MR. JENSEN moved that the 5% retainage fee on the Manhole Raising Contract be released to B&D Excavating in the amount of $973.75, as per recommendations of the Engineer and the Highway Superinten- dent. Seconded by Mrs. Reilly Motion Unanimously Carried The following Resolution was offered by CCUNCTLMAN JENSEN who moved its adoption: WHEREAS, Mid -Hudson Auto Wreckers, Inc. has applied for a license pursuant to an ordinance of the Town of Wappinger requiring licensing of the activities and businesses of dealers in used auto parts and WHEREAS, pursuant to the provisions -of Town Law section 137, the Mid -Hudson Auto Wreckers, Inc. applied, to the Town Board for a hearing to review the denial of its application for a license and WHEREAS, public hearings were conducted by the Town Board of toe Town of Wappinger on several evenings and WHEREAS, after receiving all the evidence offered for and against the issuance of said license and after due deliberation thereon, BE IT RESOLVED that the application for a license by Mid - Hudson Auto Wreckers, Inc. is granted subject to its observance of the following conditions: 1. No used vehicles of any description or other items of any description shall be stored by the applicant within 50 feet of any property line of the adjacent property owner Victor Chain. 2. The applicant shall provide and install permanent markers to designate, with respect to the adjacent property of Victor Chain, the 50 foot line beyond which no storage activities will be permitted. 3. No stacking of cars will be permitted except that stacking necessary for crushing of vehicles, and in such instance, stacking shall not continue for more than 15 days. 4. Fire lanes shall be provided and maintained in accordance with the provision of the ordinance regulating used parts dealers, said fire lanes to be designated and maintenance standards to be provided by the Building Inspector and Zoning Administrator of the Town of Wappinger. 5. The applicant shall give notice to the Zoning Administrator as to those dates when cars are being crushed as soon as it receives notice from the company performing crushing operations of the dates the same will be performed. 6. All crushing operations are to be undertaken in such a manner as not to annoy adjacent property owners and residents. 7. Any automobiles, trucks, debris, or any other items of any description presently being stored within 50 feet of the Chain boundary line shall be removed. 8. That the applicant shall continually maintain and improve the evergreen growth along the property line of the adjacent property of Chain and take those steps to 1049 promote the growth of evergreens so as to provide a natural screening along said line. 9. A chain link fence along the property line of Victor Chain shall be permitted to remain as situated. BE IT FURTHER RESOLVED that all the conditions heretofore specified shall be binding upon the applicant, its successors and assigns during 1978 and during the subsequent periods for which a license is obtained by it, and BE IT FURTHER RESOLVED that the conditions heretofore specified shall be complied with no later than July 1st, 1979, and BE IT FURTHER RESOLVED that the applicant shall conform its conduct within those standards specified by all local laws and ordinances of the Town of Wappinger, and BE IT FURTHER RESOLVED that the Town Clerk shall issue a license to the applicant for a period of one year retroactive to the date of his application for a license upon being notified by the Zoning Administrator that the conditions hereto set forth have been complied with. Seconded by Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays A Public Hearing, having been duly held by the Town Board of the Town of Wappinger on a Local Law prohibiting Parking or Standing by any Motor Vehicle in Marked Fire Lanes Maintained by the White Gates Apartments, the matter was now placed before the Board for their recommendation. MR. JENSEN moved to adopt Local Law No. 2 of 1979, Prohibiting Parking or Standing by any Motor Vehicle in Marked Fire Lanes Maintained by White Gate Apartments, as follows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. There shall be no parking or standing by any motor vehicle in lanes marked fire lanes within those parking areas and driveways maintained by White Gate Apartments, its successors or assigns. Section 2. It shall be the responsibility of the owner of White Gate Apartments, its successors or assigns to construct and maintain signs and other markings appropriate to identify fire lanes and to provide notice of tow -away restrictions and fines. Said signs shall conform to the uniform standards prescribed by the New York State Department of Transportation to the extent provision is made for such signs. Fire Lanes shall be located in those areas designated by the Fire Chief in whose jurisdiction it lies. Section 3. Any motor vehicle found standing or parked within an area designated as a fire lane may be removed or towed away and any owner or operator of such motor vehicle shall be subject to payment of reasonable fees for such removal and storage. 4.0 1 0u u Section 4. Violation of this local law shall be subject to a fine not greater than $25.00. Section 5. This Local Law shall take effect upon adoption and as provided by Municipal Home Rule Law. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays A vacancy still existed on the Wappinger Conservation Advisory Council, but since the Board had no names to offer for appoint- ment, this matter was tabled until the next meeting. At the request of Mr. Diehl, a draft of a Local Law Limiting Parking and Standing on Marlorville Road had been submitted by Mr. Horton, Highway Superintendent. There were residents from the area present at the meeting and they wished to comment on the proposed local law. Mr. Robert Conklin disagreed with the 200 feet limitation on no parking, he felt it should include the entire road. Mr. Smith wanted the law to read no parking on either side of the street. Steve Christie thought the law should prohibit standing for 200 feet and no parking on the entire road. Mr. Johnson also felt that no standing should be taken out of the law. The following Local Law was introduced by COUNCILMAN JENSEN: A LOCAL LAW LIMITING PARKING OF VEHICLES ON CERTAIN STREETS IN THE TOWN OF WAPPINGER BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: No vehicle shall park and no person shall cause a vehicle to park on the following street of the Town: Beginning at the intersection of Route 9D and Marlorville Road and proceeding westerly along said Marlorville Road for a distance of 200 feet+ on both sides. Section II: Anyone who shall violate any provision of this local law shall upon conviction, be subject to a fine not to exceed Twenty -Five ($25.00) Dollars, as determined by the Court. Section III: This Local Law shall take effect immediately following filing with the Secretary of State. The following resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS, there has been duly presented and introduced at the regular meeting of the Town Board on the 9th day of April, 1979, a proposed Local Law limiting parking of vehicles on certain streets in the Town of Wappinger and, WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by theTown Board of the Town of Wappinger on the 23rd day of April, 1979 at 6:50 P.M. on such day at Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays Mr. Jensen asked those present if they were interested in lowering the speed limit on Marlorville Road, to make this known to the Town Board by presenting a petition to the Town Clerk requesting that they take the necessary steps to have the speed limit lowered. They would then take further action as they have done in other instances when it was refused the first time. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that Ronald Petro be and he is hereby appointed to fill the vacancy on the Recreation Commission of the Town of Wappinger which has occurred by reason of the expiration of his term, and it is further RESOLVED, that the said Ronald Petro is hereby appointed to the said Recreation Commission for a term which shall expire on the 1st day of May 1984. Seconded by Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays A memo was received from Mr. Diehl recommending that Thomas Logan, Assessor, be appointed as a special representative of the Town to attend a seminar in New York City on April 16, 1979 on "How to Get Government Grants". 1058 MR. JOHNSON moved that Mr. Logan be appointed as special repre- sentative of the Town to attend a Seminar in New York City on April 16, 1979 on "How to Get Government Grants" at Town expense, and this would be an exception to the Town policy of one seminar per person per year. Seconded by Mrs. Mills Motion Unanimously Carried In the matter of an action against the Town of Wappinger, namely Charles J. Biuoso, Stuart Buchalter and Hans Weber against the Zoning Board of Appeals and the Town of Wappinger, Mr. Adams presented a proposed stipulation of settlement to the Board for their consideration. This involved an interpretation of the Zoning Board of Appeals determining that a health club facility, restaurant -lounge and retail sportswear sales are permitted uses and a sports facility is a permitted accessory use to the health club facility. Mr. Jensen stated that the Article %8 action was academic at this point since the principal had withdrawn his application. MR. JENSEN moved that the Attorney to the Town be authorized to settle said suit with the statement that the Zoning Board of Appeal's ruling was one of advisory capacity, not in any way binding, merely an interpretation. Seconded by Mr. Johnson Motion Unanimously Carried Bids were advertized for Sludge Removal from Sewer Treatment Plants and Chemical.Purchases for the Water and Sewer Plants and opened on April 6, 1979. One bid was received on Sludge Removal from Lafko Associates Cal $21.75/1000 gallons, Total Cost, $6,525.00. One bid was received on Chemical Purchases from. Jones Chemicals, Inc. Total Cost $13,725.16. Mr. Johnson noted that even though only one bid was received they were lower than last year. MR. JOHNSON moved to award the bid for Chemical Purchases to Jones Chemicals, Inc. at a total cost of $13,725.16. Seconded by Mr. Jensen Motion Unanimously Carried ,0 3 MR. JOHNSON moved to award the bid for Sludge Removal to Lafko Associates @ $21.75 per 1,000 gallons, Total Cost $6,525.00. Seconded by Mrs. Mills Motion Unanimously Carried The following Ordinance was introduced by COUNCILMAN JENSEN: ORDINANCE LIMITING HOURS OF OPERATION OF JUNKYARDS BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: Section a "junkyard" set forth in 2. 1. Definitions. Fore the purpose of this section, shall have the same definition and meaning as that the General Municipal Law Section 136, Subdivision Section 2. The hours of operation of any junkyard within the Town of Wappinger shall be limited to those hours commencing at 7 am in the morning and ending at 7 pm in the evening. Section 3. Penalties and Violations. Violators of any portion of this ordinance shall be guilty of an offense punish- able by a fine for the first offense not exceeding $50.00, for the second offense, not exceeding $100.00 and for the third offense, not exceeding $250.00. In addition thereto, the Town Board, in its discretion, after due notice and opportunity for a hearing, may terminate any license previously issued to any junkyard found guilty of three offenses within eighteen months. Section 4. Effective Date. This ordinance shall become effective upon filing potting and publication as prescribed by Article 9 of the Town Law. MR. JENSEN moved to set aPublic Hearing on the Ordinance Limiting Hours of Operation of Junkyards, on April 23rd, 1979, at 7:00 P.M. at Town Hall, Mill Street, Village of Wappingers Falls, at which time all interested persons would be heard. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Adams had reviewed the bid on the combination Sewer and Catch Basin Cleaner for the Highway Department with Mr. Horton and it was his recommendation that the low bid submitted by Clark Equipment be rejected for the following reasons: 1. the legal advertisement required that all bids be submitted on forms provided by the Town Clerk in conformity with bidding forms and specifications, this was not. Also the low bid failed to meet the following specifications: the body holding the debris 1 06 tt was required to hold 8 cubic yards, the low bid only has provision for 3.5 cubic yards, 2. under the specifications the control for the piping for the cleaning were to be located in the front of the truck, the low bid has controls for the piping in the rear. There was provision in the specs for the successful bidder to train one employee at the Town of Wappinger Highway Department, there was no provision in the low bid for this training. There, were other deviations, but these were the major ones. The low bid must first be rejected and a motion made to accept the new low bid. MR. JENSEN moved to reject the low bidder of the combination Sewer and Catch Basin Cleaner for the Highway Department based on the previous statements. of the Attorney and verification of the Highway Superintendent. Seconded by Mrs. Reilly Motion Unanimously Carried MR. JOHNSON moved to award the now low bidder, Timberland Machines, Inc. for the combination Sewer and Catch Basin Cleaner for the Highway Department at a total cost of $69,996.00 which would be used for both storm and sanitary sewers throughout the Town. Seconded by Mrs. Milts Motion Unanimously Carried The following resolution was offered by COUNCILMAN JENSEN, who moved its adoption: A RESOLUTION AUTHORIZING THE ISSUANCE OF $71,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF EQUIPMENT FOR USE BY THE HIGHWAY .DEPARTMENT OF SAID TOWN. BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The specific object or purpose for which the serial bonds of the Town of Wappinger, Dutchess County, New York, are herein authorized to be issued is the purchase of a sewer and catch basin cleaner truck to be used in connection with the operations of the Highway Department of said Town. 3.00 5 5 Section 2. The maximum estimated cost of such specific object or purpose, including incidental expenses to be incurred in connection therewith, is $71,000, and the plan for the financing thereof is by the issuance of $71,000 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law. Section 3. Such bonds may be sold, at the discretion of theSupervisor, in the form of a statutory installment bond and all other matters except as provided herein relating to said statutory installment bond including the date, maturities and interest payments within the limitations prescribed herein, and the manner of execution of the same shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years pursuant to subdivision 28 of paragraph 2 of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution, which takes effect immediately, shall be published in full in the W&SD News, the official newspaper, together with a notice of the Town Clerk in sub- stantially the form provided in Section 81.00 of the Local Finance Law. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays 0 5 6 MR. DIEHL moved that the Attorney to the Town be directed to prepare a Flood Damage Prevention Ordinance to comply with the Federal regulations as presented to the Town. Seconded by Mr. Johnson Motion Unanimously Carried Mx. & Mrs. John MacDonald had requested to be on the Agenda regarding the expenditure of downstream drainage funds to clean, kwe widen and deepen streams running through their property. The following letter was read: April 1, 1979 Dear Town Board Members: Our property is situated one thousand feet north of Myers Corners Road, East of Ketcham High School. About four acres are located between two streams. About six acres are being washed away with flood waters. Stream A runs in front of Ketcham,High School. In 1958 this stream was small. It formed a small pond east of the Ketcham - MacDonald line, It was about 40 feet in diameter and about one foot deep. The neighborhood children ice skated on it. You could not see an inlet or outlet. Bush roots and trees were growing. You see there had not been enough water flow during the fall and winter to create an iced inlet or outlet. All children ice skate down a stream if it is possible. There was not any water in the stream bed. WHY? because land south of MacDonald, Ketcham land was holding water from rainfall in cracks, crevices and swampy areas. We know this because we rode horseback all through stream bed areas. As the developments at Lake Oniad, Spook Hill Road, Primrose Hill and Kent Ridge were developed this pond has a width of 200 feet. The force of the water is so strong that it is taking soil from my acreage and uprooting 80 ft trees. After Spook Hill Dev. water was nearing the foundation of my garage and the foundation of my barn. During the developing of Primrose Hill I went to the Town Planning Board and asked for assistance in cleaning, dredging, and widening the stream to carry the water. Mr. LaParr agreed with me at this time that the Town should assist in this. the With the drainage from Kent Ridge Spook Hill, Primrose Hill, and Ketcham, an unbelievable flood was created during this past winter. This flooding was inspected by Mr. Louis Diehl, Mr. Rudy LaParr, Mr. Nicholas Johnson and Mr. Victor Fanuele. This flooding occurred four times, each time washing soil away, uprooting trees, nearing my garage and barn foundations. The water rises a foot above the bridge. The bridge was built by a civil engineer in 1959. It is going to be washed away. If this happens the fire truck will not have a way to get through to the land north of the stream. Stream runs down from Lake Oniad under Myers Corners Road and it drains all of the houses from that area. The water has become so high it reaches the foundation of our goat house. It floods most of the land east and north of the goat house and barn. There is so much water now that it floods and runs continuously for a week. The Sailor land is drained in to the Lake Oniad which is more water on to our land. The Town storm drainage is piped on to our land. 1057 These streams could be dredged, cleaned, and widened and the water moved on to the Wappingers Creek. We would like to ask you to assist us in this using the do .nstream drainage monies which you collected from each building lot. I believe it was $300 per lot. You have approved the plans which permitted developers to take water from its natural storage areas and moved it onto our land in violation of your own laws which were designed to protect taxpayers living downstream from the developments which you approve. The Land Subdivision Regulations approved by the Town Board on June 8, 1961, state: The Town's engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. When it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a 20 year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said potential condition. The recent heavy rains have not even approached a 20 year storm, yet. The abundant visual proof that the facilities which you approved cannot haAdle even these ordinary storms makes it obvious that the Town Engineer, the Planning Board, and the Town Board are all in violation of the law. The mistake has been made. The developers' plans were illegally approved. This is not the time and place to assign individual legal liability. But this is the place to take corrective action. The high school has been able to cope with your irresponsibility because the school authorities have unlimited taxpayers' funds at their disposal. They have widened, deepened, and straightened Stream A. Now it does not run out of its banks as it passes through the school property. You made the mistake, but you can fix it. You collected so-called downstream drainage fees from each of these developers. All you have to do is take the money and spend some of it for the purpose for which it was collected. Is there anything hard about that? Yours truly, s/ Mr. & Mrs. John MacDonald, Jr. April 1, 1979 Mx. Jon Holden Adams Corbally, Gartland, and Rappleyea Dear Mr. Adams: We have your letter of January 10 , 1979, to the Wappinger Town Board, and stand in amazement. Is it really possible that the Tpwn Attorney is unaware of the Land Subdivision Regulations adopted by the Town Board on June 8, 1961? This law states: The Town's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision. When it is anticipated that the additional runoff incident to the development of the subdivision will overlaod an existing downstream drainage facility during a 20 year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said potential condition. 1058 There has been _nothing approaching a 20 year storm since the developments wereput in upstream from out property. Since the stream in its present condition cannot even begin to handle the newly created runoff during ordinary storms, neither you nor I need additional proof that the facilities are in violation of town law. I consider your claim that the "drainage difficulties are not attributable to any collection and channeling of waters by the Town of Wappinger" to be irresponsible in the extreme. We have a set of photos which you may view at our mutual- convenience. Photo No. 1 shows the twin 4 foot pipes installed recently under the town road known as Spook Hill Road. These pipes replaced a single 2 foot pipe which was adequate to the task for many, many years. The twin 4 foot pipes were put in to empty the swamp now known as Spook Hill Estates. Photo No. 2 shows one of several 2 foot pipes installed under Spook Hill Road in order to drain the storm sewers on Reggie Lane into the stream which is flooding us. Would you have the public believe that drains can be installed under town roads by anyone who wishes to do so? Photo No. 3 shows the beginning of a long underground drainage system which has rechanneled the offending stream. Photo No. 3 was taken in a natural drainage bowl at House No. 22 at Primrose Hills. The stream disappears at this point into twin 4 foot pipes. The photoshows clearly the tremendous amount of fill which was brought into the natural swampy. basin. This underground tunnel accepts storm basin water from major portions of the roads of Primrose Hill. These storm basins must be town property since Town Road crews have been observed learing debris away from them during stormy periods. As if all this were not enough, Photo No. 4 shows the electric pump Lift Station installed along Roberts Road some 200-300 feet from House No. 22. Mr. Adams, when one lifts, be it water, sewage, or whatever, one is fighting gravity, is he not? One is re - channeling, is he not? Photo No. 5 shows the emergence of the stream from its underground course. Town Road personnel found it necessary to pour cement around the pipes in order to reduce erosion caused by the tremendous force of water emerging from the natural basin at House No. 22. If this is not Town channeling of water, why were Town employees doing the repair? In summary, Mr. Adams, you have ignored the Towns laws, and you have ignored simple physical facts such as lift stations, storm sewers maintained by the town, and the installation of drainage pipes under town roads. You and your firm must be held responsible 160 for your recklessness. Yours truly, s/ Mr.&Mrs. John MacDonald, Jr. April 8, 1979 Mr. Louis Diehl, Supervisor Town of Wappinger Dear Mr. Diehl: We have your letter of February 15, 1979. Two points demand a response. First, you assert that "approval by the town of developments does not create any liability on the part of the town for difficulties resulting from drainage problems which you attribute to those 105a developments". Mr. Diehl, is this the answer you gave to the residents of Wappinger Park when they were flooded out? No, sir, it is not. For those people, you even initiated a bond issue for flood relief. As you recall, in those days there was no downstream drainage kitty built up. Mr. Diehl, is this the answer you gave to residents south of Middlebush Road opposite the junior high school? No, sir, it is not. You helped those people. You stood up to your respon- sibility. Why would you treat the MacDonalds differently? Why would you discriminate against us? I am asking you a direct question and I expect a direct response. Secondly, your letter tells us that the Town Attorney notes "that the functions performed by the town are of a governmental nature which affords the town immunity from liability for such activities". Would you and the Town Attorney then please explain the suit brought against the Town of Wappinger by Imperial Towers to force an extension of Dorothy Heights? Would you and the Town Attorney then please explain the suit brought against the Town of Wappinger by the school district to force reduction of the exorbitant sewer taxes? No, Mr. Diehl, No, Mr. Rappleyea, the town does not have immunity for its actions and its inactions. It is true that government is immune in China Russia and Cuba, but, thank God, not yet in the United States. Yours truly, s/ John E. MacDonald, Jr. Mr. Jensen commented that he recalled this particular piece of property being discussed by Mr. MacDonald at a public hearing on Wappinger Sewer Improvement #1. At that time he objected to paying the benefit assessment on this Improvement Area due to the fact that a good portion of the property was swampy and not buildable. Mr. MacDonald admitted that there was swampy area to the east of the stream referred to in his correspondence. The problems he was having were all new, he claimed, they never happened before: He claimed this could be alleviated by the expenditure of $1,500.00 to widen the stream, as Ketcham High School had done, and felt this to be a nominal amount for the Town to spend out of downstream drainage. Mr. Adams wished to note for the record that a law suit was brought against the Town on a similar nature, it went to trial by jury and the jury dismissed the suit. Mr. MacDonald kept insisting that the Town took care of the drainage at Wappingers Park by a bonding resolution, also, they took care of those on Middlebush Road, why not him, he's not a 1060 second class citizen. There's only two votes involved, but they pay their taxes, lived here for twenty five years, and they did not create the problem. He felt very strongly that the.Town should take care of it. Mrs. MacDonald then addressed her remarks to Mr. Lapar and asked for his comments. Mr. Lapar remarked that this Board and previous Boards had studied downstream drainage, came up with policies and they were endeavoring to alleviate the problems that always arose when subdivisions were put in. Mrs. MacDonald then claimed that the developers of the Primrose subdivision told her that the Town Engineer instructed them to channel the water out of the swamp; empty the swamp, bring it down to the MacDonald's land. She then accused Mr. Lapar of being responsible for this whole matter. Mr. Lapar reiterated that this was untrue, it was utter nonsense and ridiculous. Mr. Diehl, at this point, interrupted Mrs. MacDonald's accusations, and informed her that the Board was now informed of the situation, had listened to their story, and would look into the matter. They will all review it, but no action will be considered at this meeting. A letter was received from Mr. J. Wesley Nolan, New Hackensack Road expressing his concern over the proposed removal of trees along the shoulders of this road. Mr. Spratt, Commissioner of Dutchess County Public Works wrote to Mr. Diehl on this subject explaining that the project is a maintenance -type project consisting of widening the shoulders along the highway where ever it is feasible, kme not to be consistent but they intended to establish an average six foot shoulder width along each side of the existing pavement. kbe He defended the County's position in refusing the requested reduction of the speed limit on this road explaining that they go by the minimum requirements set in the New York State Manual for Uniform Traffic Control Devices. Mr. Jensen requested that a copy of this letter be sent to Mr. Nolan. MR. DIEHL moved that they again request the New York State Department of Transportation to reduce the speed limit on New Hackensack Road to 40 MPH, in conjunction with the Dutchess County 0 6 1 Department of Public Works. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Johnson requested that Mx. Diehl set up a meeting with Mr. Spratt, Wappinger County Legislators and the Town Doard on April 30, 1979 at 4:30 P.M. to further discuss this matter with him. Mr. Stephen Iovino and residents of the Thorn Acre Development were present to speak to the Board on water problems. The flow of water coming from higher grounds and flowing through effected properties and resulting damage was their complaint. Mr. Iovino was the spokesman and claimed the streets were improperly graded. There were four residences effected by ice conditions in the winter to the extent that school busses were notable to enter the development. He requested that the Board visit the site and see for themselves. It is also a health hazard as the septics were backing up. Mr. Horton had been contacted and had spoken to Mrs. Iovino and he intended to look into this matter. MR. DIEHL moved that Mr. Horton and Mr. Lapar investigate this situation and report back to the Town Board with their findings. Seconded by Mrs. Reilly Motion Unanimously Carried Notice of Public Hearing was received from the Town of Poughkeepsie on an amendment to the Zoning Ordinance. MR. JOHNSON moved to receive this notice and place it on file. Seconded by Mrs. Mills Motion Unanimously Carried A request was received from S. Wallace, Robert Lane, in Oakwood Knolls for reimbursement of a bill for a roto -rooter in the amount of $66.15. According to Mr. Wallace, there was a blockage in the Town sewer in the street and it backed up into his sewer line. 106,2 Mr. Diehl explained that Camo Pollution Control was present at the time of this incident and felt a report was due from them to clarify the validity of this claim. MR. JENSEN moved to request Camo Pollution Control to give a recommendation on this matter to determine if it is the Town's responsibility and a copy of the letter and bill from Mx. S. Wallace be forwarded to them. Seconded by Mr. Johnson Motion Unanimously Carried A letter was received from Mrs. C. J. Miller III requesting a Stop Sign coming onto Smith Crossing Road from Diddell Road at the tunnel. Mr. Horton reported that he had visited the area, the Stop Sign is on Smith Crossing Road and has been for quite a while; he explained that this sign 4tuld be on that road rather than the main road. He ordered and has installed an intersection sign on Diddell Road before the tunnel; this way motorists on both sides of the tunnel are warned; one by the Stop Sign, the other side by the intersection sign. MR. DIEHL moved that Mrs. Miller be advised of the report given by Mr. Horton in regard to the Stop Sign on Smith Crossing Road. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from John and Barbara Marmillo requesting a refund on water billing; a hookup permit had been issued to the previous owners, but these residents did not wish to hook up to Town water. The bill had been sent in compliance with a kire resolution adopted to bill those residents within thirty days after a permit had been issued. However, these were new residents. MR. JENSEN moved to request the Building Inspector check on this hookup and determine if they were hooked into the Town water system, also if a water meter was installed, this was to be returned and upon these conditions being met, a refund of $25-50 be made to 1O6 3 Mr. & Mrs. Marmillo. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from Pesner & Pesner, Attorneys at Law, in regard to their clients, Eugene Adams and Aaron Puretz who sought repayment of tax money paid for sewer improvement for the years 1976 through 1979. This action came about due to County Health Department rejection of their subdivision approval. MR. JENSEN moved to refer this matter to the Attorney for his review and comment to be discussed at the next meeting. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was read: March 5, 1979 Mr. Joseph Wells, Resident Engineer New York State Department of Transportation Violet Avenue Poughkeepsie, New York RE: Parking of cars in front ofPresbyterian Church on Route 9D, Hughsonville, across from Marlorville Road Dear Sir: From time to time during the week, cars continually park here (actually off the highway) as a daily practice, even to the extent where I have seen FOR SALE signs on vehicles. This area, just off the highway, was and is still a walkway (originally blacktopped) for residents to walk to stores, church, etc. to and from their homes. Also, vehicles park on church lawn and in general present a discouraging visual view of one of the oldest (if not the oldest) House of Worships in the Town. The church members are proud of their church and rightfully so, as the structure is one that today could not be replaced. The apparent disregard and possible violations at this site continue each day and I request of your department assistance or advise me of how to correct a unsightly and dangerous situation. I appeal to you as Route 9D is a New York State Highway, thus voiding any action by the Town of Wappinger. Very truly yours, s/ Louis D. Diehl, Supervisor MRS. REILLY moved that a letter be sent from the Town Board in full support of Mr. Diehl's letter. Seconded by Mrs. Mills Motion Unanimously Carried L 1 Ob A notice was received from the Dutchess County Department of Public Works addressed to Mr. Horton advising him that certain improvements were now required by the New York State Manual of Uniform Traffic Control Devices on traffic signals at CR 93/C11.94 and CR 28/CR94. Mr. Diehl interpreted this directive that dual traffic lights were required at all sites where we maintained these signals and he felt this would be a tremendous expense. His feeling and those of the Board's had been and still was that the Town should not be expending funds for traffic signals on County Highways. Mr. Diehl had written a memo to the County Executive, the Commissioner of Public Works and the Wappinger County Legislators strongly object- ing to mandates from the State to local government without an allocation of funds to follow through. At the conclusion of this memo he asked the Board to decide --do they remove the traffic lights, advise the County and then place the responsibility on the County to maintain their own highways with safety signals or do we follow through and expend more of the resident's money. MR. JENSEN moved to refer this matter to the Attorney to review the mandated law that governs these traffic signals and indicate to the Town Board whether it is mandatory for existing lights or if it just applies to newly installed signals. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Johnson noted that communications had been sent to -Senator Rolison and Assemblyman Warren on this matter and a response was received saying that the problem was receiving close attention aihd a resolution has been introduced providing an amendment to state that the legislature shall not pass any bill -imposing programs on local governments without provision for reimbursement by the state. He urged the public to write to the Senator Rolison and Assemblyman Warren supporting this amendment. A letter was received from the Planning Board regarding the realignment of Widmer Road and requesting that the Engineer be authorized to prepare a plan on this. 1 06 5 MR. DIEHL moved to advise the Planning Board that the Town Board is aware of this and Mr. Lapar is working on this project at the present time. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received from the Planning Board: March 27th, 1979 Town Board, Town of Wappinger Mill Street Wappingers Falls, NY RE: Town Recreation Sites Dear Board Members: The Planning Board of the Town of Wappinger would appreciate it if you would advise them if the Recreation Commission is exempt from site plan approval with regard to development undertaken by them on Town recreation sites. If the Recreation Commission is exempt from site plan approval, the Board would appreciate it if you would explain to them why this is so. Thank you for your consideration. Respectfully yours, s/ Betty -Ann Russ, Secr. T/W Planning Board MR. DIEHL moved that the Attorney contact the Planning Board and advise them that the Recreation Commission is exempt from site plan approval and explain the reason to them. Seconded by Mrs. Reilly Motion Unanimously Carried The following]etter was received from the Planning Board: ;March 27th, 1979 Town Board, Town of Wappinger Mill Street Wappingers Falls, NY Re: Recreational Use Zone Dear Board Members: Teb have before us an application, Court Center*, for a sports club facility on Old Route 9, This area is zoned HB -1. The Zoning Board of Appeals recently interpreted that this application is a permitted use. We are not questioning their interpretation. However, the HB -1 zone does not address recreation as a permitted use and the applicant does not mention recreation as a requested use. This application and the Sheraton Enterprises' application uses are the same, although the Sheraton Enterprises 46, 1 0 ,6 6 application required an approval by the Town Board under the Recreational Use Development Zone and the Court Center did not. It, therefore, appears to the Planning Board that the recently adopted Recreational Use Development Zone requires some reworking to adequately define what it covers and its intent. Thank you for your consideration. Very truly yours, s/ Victor L. Fanuele, Chrmn. * Application has been withdrawn MR. JOHNSON moved that the Planning Board be advised that under the proposed zoning ordinance now being developed, all recreation will be under the newly adopted zoning on Recreation Use Develop- ment. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from the Planning Board acknowledging receipt of Environmental Assessment Forms, Parts I & II on the Recreation Use Development Zone from the Town Board. MR. JOHNSON moved to receive this communication and place it on file. low--, Seconded by Mrs. Reilly I Motion Unanimously Carried A letter was received from the Planning Board re drainage plans for the Robinson Gardens Subdivision. MR. JENSEN moved that the Attorney to the Town advise the Planning Board that the Town will not assume the responsibility of piping said lots to Sprout Creek nor will they assume the responsibility of maintaining subsurface drains that are proposed by the engineer ‘110 to this development. Seconded by Mrs. Reilly ‘pe Motion Unanimously Carried In answer to a request by the Planning Board for a meeting on SEQRA, Mr. Johnson set a date for April 18, 1979 at 7:00 P.M. and requested that Mr. Adams, Mr. Hawksley, the Chairman of the Planning Board, Chairman of the Zoning Board and the Building Inspector be invited to attend; also he and Mrs. Reilly would be present. 1067 A request was received from the Planning Board for part time help for the purpose of retyping the corrected draft of the proposed Land Subdivision Regulations. MR. JENSEN moved that the request by the Planning Board to hire part time help be granted and the hourly rate should not exceed 43.30. Seconded by Mr. Johnson Motion Unanimously Carried A report was received from Mr. Horton on the Guillet at 27 Wildwood Drive which had been requested at the March meeting. It read as follows: March 28, 1979 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Guillet - 27 Wildwood Drive Dear Board Members: Please be advised that the shoulder of the road in front of the above location has been filled as of the week of the 19th. I will have to make periodic inspections of this site as there is a pipe protruding from the yard onto the shoulder, and until we get heavy rains I won't know if it is in use, and if it is causing erosion problems. Very truly yoyrs, s/ William P. Horton MR. JOHNSON moved to receive this communication and place it on file. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Mr. Hawksley, Chairman of the Conservation Advisory Council regarding adoption of guidelines for SEQRA. However, in view of the fact that a meeting had been set on this matter, Mr. Johnson felt this should be tabldd for discussion until after said meeting. MR. JOHNSON moved to receive this letter and place it on file. Seconded by Mrs. Reilly Motion Unanimously Carried A report was received from Mr. Lapar on Infiltration -Inflow of 1 0 6 8 the Oakwood Knolls Sewer System. It was his recommendation that the Penetryn System, which was the corporation that had tested and found leaks, be contacted to give a cost proposal for the completion of the job. MR. JENSEN moved that thePenetryn System be contacted to give a cost proposal to complete the job of disconnecting any illegal connections and rehabilitating the system. Seconded by Mr. Johnson Motion Unanimously Carried A report was received from Mr. Lapar on reduction pf pressure in the Orchard Homes Section of Central Wappinger Water Improve- ment. He recommended that an air relief valve be placed at the highest point in the development so that when excess draw is experienced, a minimum of inconvenience would be experienced by the residents. MR. DIEHL moved that Mr. Lapar be authorized to install the air vent but prior to this to check with those residents that have expressed concern over the location of the vent. Seconded by Mrs. Reilly Motion Unanimously Carried A report was received from Mr. Lapar on Informal Bids for the Installation of Clem Out Manhole and Extension of Walkway at Oakwood Knolls, Sewer Treatment Plant. Two bids were received - Wilson Excavators Inc. ---$3,766.O0 and Lafko Associates, Inc. -- $4,380.00. This was the second time this had gone to bid and Mr. Diehl had hoped they would receive lower bids. However, it was felt that the work must be done. MR. DIEHL moved to approve the low bid of Wilson Excavators, Inc. for the Installation of Clean Out Manhole and Extension of Walk- way at Oakwood Knolls, Sewer Treatment Plant at a total price of $3,766.00. Seconded by Mr. Johnson Motion Unanimously Carried '1.0 6 The following report was received from Mr. Lapar: April 9, 1979 Town Board, Town of Wappinger Mill Street Wappingers Falls, NY Re: Purchase of Berkley Pump for Hilltop Well #5 Dear Town Board Members: As requested, this office hasproceeded with expedience to design the hookup of Well #5 to thettntral Wappinger Water System. We are enclosing a confirmed price quotation for the (Berkely) Vertical Turbine Pump chosen for our design. Berkeley Pumps were chosen as the manufacturer at the request of the Water and Sewer Committee since two (2) other Berkeley Pumps are used at the present time and one (1) of them should be able to fit Well #1 and Well #5 or vice versa. This office recommends that the Town Board take action to purchase this pump directly and not go out to bid. The reason for doing so, are as follows: 1. The time period for shipping is 4-7 weeks. To go out to bid, would require about an additional 3-4 weeks. 2. The cost of the pump may be increased, if a bid is taken. 3. Since Berkely Pumps is the suggested manufacturer for this pump, all transactions regarding the purchase, would be done through the one Berkeley Dealer in this region, even if the pump went out to bid. We await your decision before proceeding any further in this matter. Thank you, Very truly yours, s/ Rudolph E. Lapar, P.E.: MR. JENSEN moved that the Engineer to the Town be authorized to purchase the Berkeley Pump as stated in his letter of April 9, 1979 to the Town Board, at a quoted price of $4,675.00, and this expenditure will be made through the office of the Comptroller. Seconded by Mr. Johnson Motion Unanimously Carried A request for a zoning change was received from Francesco and Filippo Ilardi who lease property from Arthur J. Totten Sr. on Route 9 in the Town of Wappinger. They own and operate Frank and Brothers Auto Body and request a -zoning change from the present residential to HB1. 1 0 7 0 MR. JENSEN moved that this rezoning request be referred to the Zoning Committee for their review. Seconded by Mr. Johnson Motion Unanimously Carried A request was received Barry Kaufman, meter reader recently employed by the Town for an increase in the allowance per meter (which is currently $.50). Mr. Kaufman based his request on the constant use of his car since at times two trips were required and the inflationary cost of gasoline. MR.JOHNSUlmoved that the allowance for the meter readers be increased from $.50 to $.55 per meter. Seconded BY Mrs. Reilly Roll Call Vote: Councilman Jensen Nay Councilman Johnson Ave Councilwoman Mills Nay Councilwoman Reilly Aye Supervisor Diehl Aye Motion Carried Mrs. Mills stated her reason for voting Nay was because this employee was not with the Town that long, and further he did not have to use his car that much, he could accomplish some of his meter reading by walking from houseto house. A request was received from Mrs. Elswick, Bowdoin Lane for a refund of $83.50 due to a freeze-up which had occurred from the curb cock to the street water lines. This had been confirmed and was a legitimate charge to the Town. M4,. JOHNSON moved to approve a refund of $83.50 to Mrs. Elswick as requested by her. Seconded by Mrs. Reilly Motion Unanimously Carried A communication was received from the League of Women Voters regarding the issue of property assessments MR. JENSEN moved that this communication be received and placed on file. Seconded by Mrs. Reilly Motion Unanimously Carried 1011 A petition had been sent to the Town Board from employees of the town requesting a change in their working hours from the present 9:00 A.M. to 4:30 P.M. which was instituted on the first of the year to 8:30 A.M. to 4:00 P.M. Mr. Diehl had written a memo on this subject stating that from reports of all offices, the change in hours at the beginning of the year had resulted in apparently no value to the general public. He recommended that they try the requested hours since they seem to be more convenient to the residents. MR. JENSEN moved that the hours for the Town offices be changed from 9:00 A.M. -4:30 P.M. to 8:30 A.M. - 4:00 P.M. and this would be effective commencing May 1, 1979. Seconded by Mrs. Reilly Motion Unanimously Carried An exchange of holidays which had been set by the Town Board at the beginning of the year was now requested by the employees. The request was to exchange Election Day and Veterans Day for November 23rd, the day after Thanksgiving and December 24th, the day before Christmas. MR. JOHNSON moved to exchange the 1979 Holidays as follows: Election Day be exchanged for November 23rd, the day after Thanksgiving and Veterans Day be exchanged for December 24th, the day before Christmas. Seconded by Mrs. Mills Motion Unanimously Carried Under unfinished business, Mr. Lapar reported on the second well at Tall Trees; this was a verbal report as it had just come to his attention today, that the developer who was build- ing at Tall Trees had gone ahead with the second well, unknown to either the Health Department or the Town; the plans were in accordance with that required by the Health Department; the expense would be covered by the developer, or it appeared so at this point. MR. JENSEN moved that the Attorney to the Town follow through on this matter to see that there are no legal problems involved in this action. Seconded by Mr. Johnson Motion Unanimously Carried p7� Mr. Jensen brought up the subject of a Deputy Building Inspector which had previously been discussed by the Board but no action taken. At this time he felt they certainly could use one since the work load was reaching a high level in this department. MR. JENSEN moved to appoint Hans Gunderod as Deputy Building Inspector at an hourly rate of $6.00, not to exceed 17 hours per week, effective April 16, 1979. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Diehl reported on the status of a spring clean-up after Mrs. Mills brought up the subject of when and if they would conduct one. A tentative meeting had been set for early April with representatives from the Federal Department of the Interior to meet at Castle Point where we had previously had a landfill site. Now there were more regulations whereby the Town would need Depart- ment of Health approval and would also require a complete engineer- ing study. These steps would be taken after approval was given by the Federal government since they had deeded the land to the Town with certain conditions. As of this date, there was no confirmation of a meeting and Mr. Diehl had contacted Mr. Adams to set up further communications with these representatives. He did not anticipate fulfilling these requirements until late summer or early ;fall. Mr. Jensen did not feel that a spring clean-up was needed in the Town this year since we did have a complete fall clean-up at which time everything was picked up. Mrs. Mills did not agree with this; her feeling was that we had always conducted two clean-ups each year and the residents looked for this. Mr. William Egan, being recognized by the Chair, agreed with Mrs. Mills -- there should be two clean-ups a year, there must be money in the budget for this. We don't necessarily have to dump at Castle Point, get one of the sanitation companies to do it at a specified amount per truck. He repeated -- it should be twice a year and it should be everything. People get confused when you specify no metals or mo tires or no furniture, it should be everything. The citizens get very little else for their moneyy, this is important to the Town, it will prevent dumping along the O73 roads. Mr. Diehl said he would contact the carters and get a price on picking up either all items or certain items depending on the prices. Mr. Jensen asked Mx. Horton about an unfinished matter of possible illegal drains on Dana Place which was brought about because of ice conditions there several months ago. When Mr. Horton first investigated this matter he could not tell if there 410 were sump pumps being emptied onto the road, he had to wait for better weather. He reported that he had recently checked into this and there was water running from the back of one of the yards out to the road, but there were no visible pipes. Mr. Jensen then discussed the proposals that had been submitted to solve the drainage problems there. There had been an estimate on storm drains which was very costly, also the use of ditches could be another solution although Mr. Horton did not recommend this method. Mr. Jensen's thought was to put the ditches in and grate the ditches, thereby eliminating SOME of the problems Mr. Horton felt they would have. He asked that Mr. Horton and Mr. Lapar collaborate on this matter --the cost, the feasibility -- explore this avenue and ieport back to the Board with their findings. Mr. Jensen requested that Mx. Lapar supply them with areport on alternate proposals with costs on Bell -Air Lane storm drainage in conjunction with the proposed subdivision, (Hunt's Deveopment). Mr. Incoronato, being recognized by the Chair, asked about the status of the Supervisor's car which had been stolen several days previous. Mr. Diehl reported that it had not as yet be located, and according to the Police Department the first few hours are the critical hours, if it has not been located during the hours, the chances are that the car has been taken from the state for a possible resale. Mr. Incoronato then questioned Mr. Diehl if insurance would cover this loss since it was being used for private purposes. Mr. Diehl took exception to this remark as it was not being used for his own personal use, but rather 1 0 7 4 for a business meeting and he had stopped. off afterward at which time the car was stolen. He went through his itinerary: for that day. After the theft it was reported to the Poughkeepsie Police Department and the next day to the insurance company and has been informed that the loss will be covered by insurance. MRS. MILLS moved to adjourn the meeting, seconded by Mrs. Reilly and carried. The meeting adjourned at 11:23 P.M. OltioucLA SI,Orvoc6", aine H. Snowden Town Clerk Reg. Mtg. 4/W79