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1979-01-08 RGM9 7o AGENDA TOWN BOARD TOWN OF WAPPINGER JANUARY 8, 1979 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. REPORTS OF OFFICERS Town Justices Bldg. & Zoning Receiver of Taxes Annual Report from T/W Cons. Adv. Council Auditors report on the 3 EDA Grants - Nov. 23, '76 thru Dec. 15, '78 H. Supt. Hortons report Hydrant Repair, Dec. 4. RESOLUTIONS a. Vacancy on Board of Assessment Review (K. Clausen unexpired term): b. Brack Construction Co. Tax Review settlement 5. PETITIONS & COMMUNICATIONS a. The Center for the Hudson River Valley - request for Town to become subscriber and support the Center b. Memo from M. Ryan re: Fixed Asset Accounting c. Planning Bd. re: their role on S.E.Q.R.A. d. R. E. Lapar Reports: 1. Water Complaint from Moore, Martin Drive 2. Approval for Sewage effluent & potable Water for research and testing Lab. e. Wm. Horton Report on curve at 21 wildwood Drive f. Attorneys Report on S.E.Q.R.A. 6. COMMITTEE REPORTS 7. UNFINISHED BUSINESS a. Attorneys Report on Hankins letter relative to Water Meters b. Jas. Spratt, P.E. Comm. re: Shoulders on County Roads 8. NEW BUSINESS 9. ADJOURNMENT 971 The Regular Meeting of the Town Board of the Town of Wappinger was held on January 8, 1979, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:05 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine Snowden, Town Clerk Others Present: Rudolph Lapar, Engineer to the Town Jon Holden Adams, Attorney Reports for the month of December were received from Town Justice Vincent Francese, Building Inspector and Zoning Administrator, Receiver of Taxes, the Annual Report from the Town of Wappinger Conservation Advisory Council, the Auditors Report on the three EDA Grants from November 23, 1976 through Decerriber 15, 1978 and the Highway Superintendent's Report on Hydrant Repair. MR. JOHNSON moved that the above mentioned reports for the month of December be accepted and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried The Minutes of the Special Meeting of December 18, 1978, having previously been sent to the Town Board, were now placed before them for their consideration. MRS. MILLS moved that the Minutes of the Special Meeting of December 18, 1978, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Reilly Motion Unanimously Carried A vanancy still existed on the Town of Wappinger Board of Assess- ment Review. The Board had no names to offer at this time and Mr. Diehl directed that this matter be tabled until the next meeting. A communication was received from Mr. William G. Crane, Attorney from the law firm of Rosen, Crane and Wolfson, the firm that was handling our tax reviews, enclosing a proposed Consent Order settling the tax review of Brack Construction vs. the Town of Wappinger. Mr. Crane recommended accepting this Consent Order. The following resolution was offered by COUNCILWOMAN REILLY who moved its adoption, seconded by Councilman Johnson, to wit: BE IT RESOLVED, that Rosen, Crane and Wolfson is hereby directed to execute a consent judgment settling the Brack Construction Corp. 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. Roll Call Vote: 5 Ayes 0 Nays The following resolution was carried over from the Reorganiza- tional Meeting. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: RESOLVED, that the W & SD News, a newspaper regularly published in the Town of Wappinger, Dutchess County, New York, and -having a general circulation in this Town, and being a newspaper entered as second class mail matter, be and the same hereby is designated as the official paper of this Town, and it is further RESOLVED, that the Poughkeepsie Journal and the Evening News and the Hornet, newspapers published in the County of Dutchess and having general circulation therein, be and they hereby are designated as additional newspapers for the publi- cation of Town notices, subject to the limitations of Section 64, Subdivision 11 of the Town Law of the State of New York, and it is further RESOLVED, that the Town Clerk be and she hereby is authorized and directed to give notice of such designation to the publishers of such newspapers. Seconded by: Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays The Town Clerk informed the Board that since they had set holidays for 1979 and February 12th was one of them and happened to be the regular monthly meeting date, they would have to change the date of the meeting. MR. JOHNSON moved to set the date of February 14th, 1979 as the regular monthly meeting for the month of February. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Kenneth R. Toole, President of the Center for the Hudson River Valley, requesting the Town to be a subscriber and supporter of this group. This group claimed to have made many major accomplishments on a wide range of issues including water pollution, land use, and public policy. The Board felt they needed more information on it and if it would be legal for the Board to get involved. MR. JENSEN moved that no action be taken on this tonight and that it be tabled for more information. Seconded by Mr. Johnson Motion Unanimously Carried A memo was received from Mr. Ryan regarding Fixed Asset Accounting an4 informing the Board that the system must be put into effect between now and February 28, 1979. MR. JENSEN moved that the Attorney be directed to send a letter to Mr. Ryan on Fixed AssestAccounting on what the feelings of the Board would be per his answer from Audit and Control. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from the Planning Board regarding their role on SEQRA and clarification with regard to the wetland permits. Mr. Johnson remarked that the Attorney had been in touch with the Planning Board and has set up a meeting to discuss and clarify the position of the Planning Board. MR. JOHNSON moved that they acknowledge receipt of the Planning Board's letter and confirm that a meeting has been set up with them with the Attorney. Seconded by Mrs. Mills Motion Unanimously Carried A report was received from Mr. Lapar regarding a water complaint from Mr. & Mrs. Moore, 55 Martin Drive in Mid -Point Park. It read as follows: December 12, 1978 Dear Board Members: We have received a complaint from Mr. & Mrs. Moore of 55 Martin 974 Drive, which is almost directly downstream from the discharge of the Martin Drive Storm Sewer Project. Although, their property is quite low in relationship to the stream, an investigation by the writer on December 11, 1978 indicated that that stream has again become quite clogged with fallen trees, debris, etc. You may remember that the stream was cleaned out some five years ago by Dave Alexander, Inc. It is my professional opinion that from the outfall of the recently installed storm sewer to DeGarmo Hills Road should be done in the near future, either by Town Forces or under a separate contract. Thank you very much. Very truly yours, s/ Rudolph E. Lapar Mr. Johnson asked Mr. Lapar if he talked to Mr. & Mrs. Moore. Mr. Lapar spoke to them by phone but when he visited the site, they were not at home. Mr. Johnson informed the Board that there has been a water problem since the beginning of the development; from time to time the stream does get clogged due to fallen stream. He felt they should speak to these people and he volunteered to do this. It is a preexisting problem. The following report was received from Mr. Lapar: January 3, 1979 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: 120,000 s.f. Research & Testing Laboratory - Sewage Effluent and Potable Water Tap Dear Board Members: Enclosed please find a letter from Pizzagalli Construction Company directed to our office. The property in question, is both in the Wappinger Sewer Improvement #1 and the Central Wappinger Water Improvement. Any approval that they have rights to said effluent discharge and/or potable water use should come from the Town Board. As far as our office is concerned, both systems are capable of handling the proposed effluent discharge and/or potable water use of 10,000 gallons per day. Very truly yours, s/ Rddolph E. Lapar 975 MR. JOHNSON moved that permission be granted, hook-ups are available and they are in the District. Seconded by Mrs. Mills Motion Unanimously Carried The following response was received from Mr. Horton regarding a curve at 21 Wildwood Drive, which had been referred to him previously: January 2, 1979 Town Board Town of Wappinger Town Hall -Mill Street Wappingers Falls, N.Y. Re: Curve at 21 Wildwood Drive Dear Board Members: As per your request I investigated the conditions at the above address and found that although a 30 MPH speed limit is in effect on Wildwood Drive, this particular curve can safely be negotiated at speeds up to OOMPH. With the low approach speed a curve sign is not recommended. I would, -instead recommend stronger enforcement of the 30 MPH speed limit. Very truly yours, s/ William P. Horton MR. JOHNSON moved that since enforcement is necessary of the 30 MPH speed limit on Wildwood Drive, the Sheriff's Office should be contacted to set up control for the enforcement of the 30 MPH on Wildwood Drive. Seconded by Mrs. Mills Motion Unanimously Carried A report was received from Mr. Adams regarding the State Environmental Quality Review Act. The Board, it seemed had the choice of retaining the local law as written on this Act or revise it to confirm completely with current regulations. He wished to discuss it in detail. Mr. Johnson felt it would be appropriate to mit the outcome of the meeting that Mr. Adams is setting up with the Planning Board on this matter. There might be additional questions to be answered. When that meeting is completed, they could have one overall meeting to make changes and set guidelines. MR. JOHNSON moved that subject to the results of Mr. Adams' 976 meeting with the Planning Board on SEQRA, the Board should, if necessary follow up with a meeting to complete details and amend the existing law. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Horton requested permission from the Board to put out to bid all road aggregates, tiresytubes, fuel oil, gasoline etc. for 1979. MR. JENSEN Moved that the Highway Superintendent be given permission to go to bid for all necessary materials for the upkeep of Town roads for 1979. Seconded by Mrs. Reilly Motion Unanimously Carried Under Committee Reports, Mr. Jensen reported that very little headway had been made on the Tri -Municipal project. Various agreements and additional work required by the EPA are still being reviewed. There has been little work done by the Environ- mental Consultants due to the.new demands put on them by the EPA and the DEC. In essence, it means more delay. Mr. Johnson had received numerous complaints from residents in the Mid -Point Sewer District, and he felt it could be true in all the districts, of sludge removal falling from the trucks. He contacted Camo Pollution Control and they in turn contacted Herring Sanitation Company, one of the firms designated to remove the sludge from the sewer plants. He will keep after them, as it was becoming an unsanitary condition. The next item he reported on was the zoning ordinance; he had contacted Dave Portman of the Frederick Clark Associates. He had requested Mrs. Russ, Secretary of the Zoning Board of Appedi1s to send copies of all changes made within the last two years to Mr. Portman. The Planning Board is having a meeting on Jan. 25th with him to present changes on maps. Mr. Johnson would then discuss the time element with Mr. Portman and hoped by the February meeting, he would have a time schedule to present to the Board. 977 MR. JENSEN moved to send a letter to Herring Sanitation Company bringing to their attention that there are spillages from the truck and Camo Pollution Control has already been notified; carbon copy the letter to Camo Pollution Control. Seconded by Mr. Johnson Motion Unanimously Carried A report was received from Mr. Adams relating to a letter of Ritter & Hankin dated 11/30/78 on water meters in the Primrose Subdivision. He recommended that the Engineer to the Town provide a memorandum on this matter. MR. JENSEN moved that the letter be received and placed on file, subject to receiving a letter from Mr. Lapar stating the engineering stand on this matter and approval of the Board upon receiving report from the Engineer. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Mr. Spratt, Commissioner of Dutchess County Department of Public Works, in response to our letter of December 13, 1978, pertaining to the conditions of the shoulders on County roads in the Town. He advised the Board that he is aware of the conditions and they allot shoulder work this time of year because of the indeterminate weather conditions and the ability to work with gravel. A bond program passed by the County Legislature will develop potential for improving shoulders on major roads in the core area of the County and they would endeavor to improve conditions of the shoulders in our Town. MRS. MILLS moved to receive the letter and place it on file. Seconded by Mr. Diehl. Motion Unanimously Carried MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Mills and unanimously carried. The Meeting adjourned at 8:36 P.M. c-aa,cut_L at,„&, Elaine H. Snowden Town Clerk Reg. Mtg. 1/8/79